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1997-09-04 Regular MeetingJerome Selby, Mayor Donna Smith CMC /AAE, Clerk Judi Nielsen CMC, Deputy Clerk G. STEVENS, seconded by MILLIGAN Regular Assembly Meeting September 23, 1997 KODIAK ISLAND BOROUGH Regular Assembly Meeting September 4, 1997 A regular meeting of the Kodiak Island Borough Assembly was held September 4, 1997 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Pastor Earl Clark of the Community Baptist Church, followed by the Pledge of Allegiance. There were present: ROLL CALL Robin Heinrichs, Presiding Tom Abell Tuck Bonney Bob Johnson Mike Milligan Gary Stevens Wayne Stevens comprising a quorum of the Assembly; and APPROVAL OF AGENDA AND CONSENT AGENDA moved to approve the agenda and consent agenda. Presiding Officer Heinrichs read the items for consideration under "Consent Agenda ". VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of August 21, 1997. Unanimous voice vote REGULAR MEETING APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF MINUTES Volume XXIII Page 78 G. STEVENS, seconded by BONNEY VOTE ON MOTION TO APPROVE MOTION CARRIED CITIZENS' COMMENTS moved to approve the minutes of August 21, 1997. Unanimous voice vote A. Agenda Items Not Scheduled For Public Hearing and General Comments. Gilbert Morein asked that property taxes be reduced by 2.5 mills and that the Borough cut spending. Betty Walters, Superintendent of Schools, appreciated the contracts before the Assembly that she felt supported education. Phil Cline, Providence Kodiak Island Medical Center administrator, reported that the eight percent revenue increase at the hospital in July was better than budgeted. He noted that 50 percent of the profit would return to the Borough. He was advised by the site manager in charge of the renovation that the renovation would be completed in 30 days. He was pleased with the progress and results of the renovation. He was available to answer questions. In response to Assemblymember G. Stevens, Mr. Cline said the renovation would primarily convert the old 1968 hospital to an ambulatory center. He said there would be several specialty physicians on staff, and the desire was to provide more services locally. In response to Assemblymember Johnson, Mr. Cline said office space was also provided. COMMITTEE REPORTS John Pfeifer, Kodiak Chamber of Commerce Economic Development Specialist, distributed a written report that highlighted the transfer of the Mark Air Regular Assembly Meeting September 23, 1997 CITIZENS' COMMENTS COMMITTEE REPORTS Volume XXIII Page 79 Terminal and the decanter surimi project that was a new process of making surimi. Regarding the transfer of the Mark Air Terminal, Assemblymember G. Stevens felt there was a need for competition, yet he heard opposition to the Borough's involvement. Mr. Pfeifer viewed the terminal as part of the infrastructure for the community as roads and bridges were. He spoke with air carriers who might provide service from Seattle to Kodiak, but the air carriers could not afford to build a terminal. He said aircrafts, ground people, and ticket agents were brought in, so it was a competitive environment, and many airlines could not spend a million dollars in start -up costs. He noted that this was a pre - application for the Environmental Protection Agency's determination on the grant. In response to Assemblymember Abell, Mr. Pfeifer said public works grants had to be used by government on public works projects. Presiding Officer Heinrichs saw the Economic Development Committee as a good forum for the villages to interact and network. Mr. Pfeifer agreed and noted that for the Committee it was a first in providing an opportunity for village involvement. Assemblymember Johnson reported that the Town Meeting plans were progressing well. He said videos of the 1996 Town Meeting would be aired on Channel 3 prior to Assembly and Council meetings. He hoped interpreters would be involved in the Meeting. AWARDS AND PRESENTATIONS A. Employee of the Month Mayor Jerome Selby presented the Employee of the Month Award to Meagan Christiansen, secretary III in the Finance Department. Regular Assembly Meeting September 23, 1997 AWARDS AND PRESENTATIONS EMPLOYEE OF THE MONTH Volume XXIII Page 80 PUBLIC HEARING PUBLIC HEARING All ordinances and resolutions presented at this meeting were introduced by title only and copies made available to the public. A. Ordinance No. 97 -16 Placing the Question of ORDINANCE Expanding the Fire Protection Area No. 1 NO. 97 -16 (Bayside Volunteer Fire Department) Boundaries on the October 7, 1997 Ballot. Presented for consideration was Ordinance No. 97 -16 that, if adopted, placed on the October 7, 1997 ballot the question of extending the boundaries of Fire Protection Area No. 1 to include all the area from the city limits to the end of Monashka Bay Road. W. STEVENS, moved to adopt seconded by JOHNSON Ordinance No. 97 -16. W. STEVENS, seconded by G. STEVENS VOTE ON MOTION TO AMEND BY SUBSTITUTION Ayes: Noes: MOTION CARRIED Regular Assembly Meeting September 23, 1997 moved to amend Ordinance No. 97 -16 by substitution. Abell, Bonney, Johnson, Milligan, G. Stevens, W. Stevens, Heinrichs None Unanimous Mayor Selby referred to a map in the chambers that delineated the new boundaries of Fire Protection Area No. 1. He noted the area was expanded to the end of the road because fire protection was presently provided to the area. Presiding Officer Heinrichs called for public testimony; hearing and seeing none, he reconvened the regular meeting. Volume XXIII Page 81 Assemblymember W. Stevens referred to unique pockets of property that were not covered. Mayor Selby said this would define the boundary as well as increase the area. Assemblymember G. Stevens noted that the request was from the Fire Protection Area No. 1 Board, and only those voters living in the service area would vote on the question. At several questions from Assemblymember Milligan, Mayor Selby responded that: the tax base would not be significantly increased, however, the Natives of Kodiak property on Spruce Cape would be added to the tax base when they were sold; this was about fire response to protect life and property, and although fire fighters would help control fires at the dump, the dump was just a nuisance with smoke pollution; and an agreement with the Bureau of Land Management provided compensation for response to brush fires on federal /state property. MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby reported that the Exxon Valdez Trustee Council's negotiations on Termination Point, Long Island, and the Afognak purchase were nearing completion. He received a thank you letter from Senator Stevens for the resolution to include Alaskan canned pink salmon in packages to North Korea. He said there was good progress working with the state parks and Fish & Wildlife to develop trails. Alaska Municipal League Board of Directors requested that the Legislature review deferred maintenance state -wide. He said there was statewide legislation proposed to add an inflation proof rate to the foundation formula for maintenance of educational opportunities on all University of Alaska campuses to begin the process for local governments to define good basic education Regular Assembly Meeting September 23, 1997 Volume XXIII Page 82 and an equitable foundation formula to provide for that basic education. The Legislature would review a community dividend program to aid in providing a funding resource for communities to continue developing their infrastructure and maintenance. There was also a matching fund proposed for municipal assistance, power costs equalization, and liability for skateboard parks. In response to Presiding Officer Heinrichs, Mayor Selby said there was a risk with the community dividend that municipal assistance funds would have to be refunded. However, calculations show that even if those funds were refunded, Kodiak would still be ahead. He said this transferred the decision making power for community dividend spending from the Legislature to the local level. OLD BUSINESS None. NEW BUSINESS A. CONTRACTS CONTRACTS 1. Contract No. 97 -50 Peterson Elementary CONTRACT School Architectural /Engineering Design NO. 97 -50 Services. JOHNSON, seconded by MILLIGAN Mayor Selby said this was the design contract for the addition to Peterson Elementary School. When the housing on Aviation Hill was complete, there would be a significant increase in student population, so there was a need for additional classrooms. This was a capital matching grant project that would be fully funded to begin the bid process in February or March of 1998, with construction to begin in the summer. Regular Assembly Meeting September 23, 1997 moved to award Contract No. 97 -50 to ECI /flyer, Inc. Of Anchorage in an amount not to exceed $193,145. OLD BUSINESS NEW BUSINESS Volume XXIII Page 83 In response to Assemblymember Milligan, Mayor Selby said this was for the design, development, and bidding processes. Assemblymember G. Stevens said it was necessary to plan for future needs. In response to his request for a history of the school, Mayor Selby said the school was built by the federal government and ownership was transferred to the Borough three years ago. Federal grants of Approximately $3 million were received to bring the school up to code. The cost of renovations to date was $3.6 million. Assemblymember Johnson said it was mandatory to have the engineering services done and TO complete construction as soon as possible. In response to Presiding Officer Heinrichs, Mayor Selby agreed that the 14% design service was high; however, the average currently was about 12 %. There would be continued work on cost control by paying expenses as they were incurred rather than prior to receiving services. This was a maximum cost scenario. At Assemblymember Bonney's inquiry, Mayor Selby said the bid was reviewed by the Architectural Review Board and the selection was not based on the low bid, but on a high score based on services to be provided. In response to Assemblymember Milligan, Presiding Officer Heinrichs said he was not uncomfortable with ECI /Hyer, but he could not see anything in the scope of work that warranted 14% for design services. VOTE ON MOTION TO AWARD Ayes: Noes: MOTION CARRIED Regular Assembly Meeting September 23, 1997 Johnson, Milligan, G. Stevens, W. Stevens, Abell, Bonney, Heinrichs None Unanimous Volume XXIII Page 84 In response to Assemblymember Milligan's request for discussion on the rationale for the 14 %, Mayor Selby said he would invite Mr. Hyer to a work session. 2. Contract No. 97 -51 Area Wide School CONTRACT Ventilation Upgrade. NO. 97 -51 JOHNSON, seconded by MILLIGAN Mayor Selby said this would improve the ventilation and the fire egress at the old school district shipping and receiving building that would house the area -wide school program. There was no discussion by the Assembly. VOTE ON MOTION TO AWARD Ayes: Milligan, G. Stevens, W. Stevens, Abell, Bonney, Johnson, Heinrichs Noes: MOTION CARRIED 3. Contract No. 97 -52 Karluk Sewage Lift Station. W. STEVENS, seconded by MILLIGAN Mayor Selby said this was to replace the existing inoperable pump station in Karluk. He said that during the process of providing a temporary fix at the pump station a significant unused area of the landfill was discovered. That area could be used Regular Assembly Meeting September 23, 1997 moved to award Contract No. 97 -51 to Hermanson Corporation of Kent, Washington in an amount not to exceed $10,940. None Unanimous moved to award Contract No. 97 -52 to West Bay Corporation of Kodiak in an amount not to exceed $51,360. CONTRACT NO. 97 -52 Volume XXIII Page 85 during the next few years while waiting for the $400,000 grant from the State of Alaska for the new landfill. Assemblymember Milligan asked if the expenditure would affect the placement of Karluk's project on the capital improvement projects list. Mayor Selby said the $400,000 would be used for the new landfill at $300,000 and would pay -off this $100,000. Presiding Officer Heinrichs asked about warranty and training responsibilities. Mayor Selby said two members of the Karluk community would be selected to be trained by October. In response to Assemblymember Bonney, Mayor Selby said there was an irregularity in the bids; however, the Borough attorney reviewed the bids and determined that no bidder was given a competitive advantage, and it was recommended to award to the low bidder. VOTE ON MOTION TO AWARD Ayes: Noes: MOTION CARRIED B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 97 -40 Calling for Immediate RESOLUTION State Action by the State of Alaska to NO. 97 -40 Prevent Federal Take -Over of Fish and Game Management in Alaska. Regular Assembly Meeting September 23, 1997 G. Stevens, W. Stevens, Abell, Bonney, Johnson, Milligan, Heinrichs None Unanimous Presented for consideration was Resolution No. 97 -40 that, if adopted, urged the State of Alaska Congressional delegation, the Legislature, and Governor Knowles to take immediate and positive action to prevent and reverse federal take -over of fish and game management in Alaska and return effective management to the State of Alaska. Volume XXIII Page 86 MILLIGAN, moved to adopt seconded by W. STEVENS Resolution No. 97 -40. Mayor Selby said the resolution addressed an important subsistence issue by urging the legislature and Governor Knowles to retain fish and game management in the hands of Alaskan residents. Assemblymember G. Stevens saw some opposition from native leaders. He asked the Mayor to elaborate. Mayor Selby said Senator Stevens was able to secure the two -year moratorium but concluded he could not secure another moratorium because little was done to address the issue during the two -year period. Mayor Selby added that this was a contentious issue that had not received full support. As a concern for all Alaskans, the need was to urge the legislature and Governor Knowles to find a compromise without disenfranchising anyone in Alaska. Assemblymember Milligan thanked Mayor Selby. He hoped the issue would be resolved quickly. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 97 -17 Amending Kodiak Island ORDINANCE Borough Code of Ordinances Title 17 Zoning NO. 97 -17 Chapter 17.02 Comprehensive Plan to Adopt Revisions to the Lakeside Subdivision /Safeway Subarea Land Use Plan Originally Adopted in November 1991. (Generally Located Between Bartel Avenue Regular Assembly Meeting September 23, 1997 W. Stevens, Abell, Bonney, Johnson, Milligan, G. Stevens, Heinrichs None Unanimous ORDINANCES INTRODUCTION Volume XXIII Page 87 and Island Lake Road and Mill Bay Road and Beaver and Dark Lakes) Presented for consideration was Ordinance No. 97 -17 that, if adopted, amended the Kodiak Island Borough Code by adopting revisions to the Lakeside Subdivision /Safeway Subarea land use plan. Ordinance No. 97 -17 was advanced to public hearing on September 23, 1997 under "Consent Agenda ". 2. Ordinance No. 97 -18 Rezoning Portions of ORDINANCE Areas Subject to the Lakeside NO. 97 -18 Subdivision /Safeway Subarea Land Use Plan to Implement Recent Revisions to the Plan. (Blocks 1 and 3, Lakeside Subdivision and portions of U.S. Surveys 3468 and 3467 on the Front Side of Beaver Lake) Presented for consideration was Ordinance No. 97 -18 that, if adopted, rezoned property to implement the revised Lakeside Subdivision /Safeway Land Use Plan to ensure development consistent with the Plan. Ordinance No. 97 -18 was advanced to public hearing on September 23, 1997 under "Consent Agenda ". 3. Ordinance No. 97 -19 Rezoning Tract A, U.S. ORDINANCE Survey 2538 A and Portions of U.S. Surveys NO. 97 -19 3467 and 3468 (Zoning Map Dated August 20, 1997) From RR -1 -Rural Residential One and PL- Public Use Lands To NU- Natural Use. (Generally Located North of the Residential Lots Adjacent to Selief Lane and North of Horseshoe Lake and Beaver Lake). Presented for consideration was Ordinance No. 97 -19 that, if adopted, rezoned property to implement the revised Lakeside Subdivision /Safeway Land Use Plan and the adopted 1968 Comprehensive Plan to ensure development inherently consistent with the Plans. Ordinance No. 97 -19 was advanced to public hearing on September 23, 1997 under "Consent Agenda ". Regular Assembly Meeting September 23, 1997 Volume XXIII Page 88 D. OTHER ITEMS None. INFORMATIONAL MATERIALS (No action required) MINUTES OF OTHER MEETINGS MINUTES OF OTHER 1. Kodiak Island Borough School District Board MEETINGS of Education Meeting of July 21, 1997. 2. Providence Kodiak Island Medical Center Advisory Board Meeting of July 16, 1997. 3. Personnel Advisory Board Regular Meeting of March 12, 1997. 4. Kodiak Island Borough Mental Health Center Advisory Board Meeting of June 23, 1997. B. REPORTS 1. Kodiak Island Borough August 1997 Financial Report. 2. Kodiak Island Borough School District Board of Education Meeting Summary of August 18, 1997. C. OTHER None. CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Milligan commented that there was an excellent slate of candidates for the October 7 election. He hoped for good debates and extended congratulations to all who filed for office. Regular Assembly Meeting September 23, 1997 OTHER ITEMS INFORMATIONAL MATERIALS REPORTS OTHER CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Volume XXIII Page 89 Assemblymember Bonney felt Mayor Selby's comment that the Borough had a 9.25 mill rate was incorrect. He added the 6% city sales tax, service district taxes, and the 1% fish tax and felt that Kodiak was not lower than any other community in Alaska. He was not proud of the tax rate in Kodiak. Assemblymember Johnson was pleased that the Alaska Humanities Forum would hold a wide - spread community forum entitled "Interests and Principles" in Anchorage that was endorsed by the Permanent Fund Board. He hoped for a collective decision on utilizing the profits and planning for the state's future. He welcomed discussion because he felt the legislature viewed the Fund as a sacred cow. He believed the comparison on taxes indicated that Kodiak had the lowest taxes in the state. He asked that the comparison be published. Assemblymember Abell was concerned about the $3.3 million overbid on the NIRF building and the value engineering that he viewed as downgrading. He did not understand why the Borough would want to downgrade a quality product. He hoped for discussion in the near future. Mayor Selby said he would have a full report to the Assembly when Steve Hobgood, Engineering /Facilities Director, returned to work. Presiding Officer Heinrichs agreed there should be further discussion. Presiding Officer Heinrichs appreciated the trip to Ouzinkie and thanked the Ouzinkie City Council. He walked their new trail and saw workers working on the gazebo, which he felt were exciting projects. He enjoyed listening to the Council's dreams about economic development. He congratulated Meagan Christiansen as employee of the month. He wished Mayor Selby a happy birthday. Presiding Officer Heinrichs announced that the assembly would meet in a work session on Thursday, September 11 at 7:30 p.m. in the borough conference Regular Assembly Meeting September 23, 1997 Volume XXIII Page 90 room and a regular meeting on Tuesday, September 23 at 7:30 p.m. in the assembly chambers. The joint assembly /council work session was tentatively rescheduled to Wednesday, September 17 at noon in the city conference room. Members of the assembly would be traveling to Dutch Harbor /Unalaska on Thursday, September 18 to attend the Southwest Alaska Municipal Conference. The deadline to register to vote for the October 7 Municipal Election is September 6. Residents may register to vote for the election at the Borough Clerks office through Friday, September 5 from 8:00 a.m. to 5:00 p.m. There being no further business to come before the ADJOURNMENT Assembly, the meeting adjourned at 9:13 p.m. ATTEST: Regular Assembly Meeting September 23, 1997 Robin Heinrichs Presiding Officer onna F. Smith, CMC /AAE Borough Clerk Approved: 09/23/97 Volume XXIII Page 91