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1994-07-07 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held July 7, 1994 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. Presiding Officer McFarland led the Pledge of Allegiance. There were present: ROLL CALL Jack McFarland, Presiding John Burt Suzanne Hancock Mike Milligan absent: Alan Austerman Gordon Gould Mary Monroe comprising a quorum of the Assembly; and Jerome Selby, Mayor Linda Freed, Community Development Director Judi Nielsen, Deputy Clerk Jane Edmonds, Records Coordinator Assemblymembers Austerman, Gould and Monroe were out - of -town on vacation and asked to be excused. MILLIGAN, seconded by BURT VOTE ON MOTION TO EXCUSE MOTION CARRIED Unanimous voice vote APPROVAL OF AGENDA AND CONSENT AGENDA HANCOCK, seconded by MILLIGAN 7 KODIAK ISLAND BOROUGH Regular Assembly Meeting July 7, 1994 moved to excuse Assemblymembers Austerman, Gould and Monroe. moved to approve the agenda and __..._.. *_ agenda. Deputy Clerk Nielsen read the items for consideration under "Consent Agenda ". REGULAR MEETING APPROVAL OF AGENDA AND CONSENT AGENDA Regular Assembly Meeting Volume XVIII July 7, 1994 Page 195 1 VOTE ON MOTION TO APPROVE Ayes: Noes: Absent: None Y Burt, Hancock, Milligan, McFarland Austerman, Gould, Monroe MOTION CARRIED Unanimous APPROVAL OF MINUTES APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of June 2, 1994. This item was approved under "Consent Agenda ". AWARDS AND AWARDS AND PRESENTATION PRESENTATIONS A. Employee of the Month EMPLOYEE OF THE MONTH Mayor Jerome Selby presented the Employee of the Month Award to Marian Royall, accounting technician in the Finance Department. CERTIFICATE nF B. Certificate of Commendation COMMENDATI( Mayor Selby presented a Certificate of Commendation to Captain Robert C. Gravino for distinguished service and contributions to the Kodiak Island Borough community while serving as Commanding Officer of the USCG Air Station, Kodiak. CITIZENS' COMMENTS CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing None. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS COMMITTEE REPORTS available to answer questions. Regular Assembly Meeting Volume XVIII July 7, 1994 Page 196 VOTE ON MOTION TO ADOPT 4 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. 93 -10J Amending Ordinance ORDINANCE No. 93 -10 Fiscal Year 1994 Budget to Reflect NO. 93 -10J Year -End Adjustments. Presented for consideration was Ordinance No. 93 -10J which, if adopted, amended the Kodiak Island Borough annual budget. MILLIGAN, moved to adopt seconded by HANCOCK Ordinance No. 93 -10J. Mayor Selby outlined the adjustments and reflected that $20,000 additional income from interest and penalties helped offset the cost of legal expenses that were $100,000 over the annual budget: Presiding Officer McFarland called for public testimony; hearing and seeing none, he reconvened the regular meeting. There was no discussion by the Assembly. Ayes: Hancock, Milligan, Burt, McFarland Noes: None Absent: Austerman, Gould, Monroe MOTION CARRIED Unanimous B. Ordinance No. 94 -10A Amending Ordinance ORDINANCE No. 94 -10 Fiscal Year 1995 Budget (Coastal NO. 94 -10A Management Grant Receipt). Presented for consideration was Ordinance No. 94 -10A which, if adopted, authorized the mayor, or his designee, to administer grant funds of $59,050 from the Department of Community and Regional Affairs. MILLIGAN, moved to adopt seconded by BURT Ordinance No. 94 -10A. Mayor Selby explained the ordinance acknowledged receipt of coastal management grant funds of $59,050. Regular Assembly Meeting Volume XVIII July 7, 1994 Page 197 1) 2 1 4 8 7 1 Presiding Officer McFarland called for public testimony; hearing and seeing none, he reconvened the regular meeting. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Milligan, Burt, Hancock, McFarland Noes: None Absent: Austerman, Gould, Monroe MOTION CARRIED Unanimous C. Ordinance No. 94 -09 Rezoning the Property ORDINANCE Commonly Known as the Kodiak Baptist Mission and NO. 94 -09 Other Properties in the Surrounding'Area (1910, 1944 -2290 and Unnumbered Lots on Rezanof Drive East; 1897 -1967 Mission Road; 2180 Mill Bay Road; 117 -122 Bancroft Drive) Presented for consideration was Ordinance No. 94 -09 which, if adopted, rezoned property consistent with the applicable provisions of the Kodiak Island Borough comprehensive plans. HANCOCK, moved to adopt seconded by MILLIGAN Ordinance No. 94 -09. Mayor Selby deferred to Linda Freed, Community Development Director. Director Freed explained that the rezone, originally requested by the Kodiak Baptist Mission, included several adjacent properties and totalled approximately 30 acres. She referred to maps in the chambers that reflected existing zoning and proposed zoning and noted that existing zoning restricted the Mission's use of the property. She clarified that the Mission property included property along the ocean side of Mission Road near Mission Lake. She said the Commission held three public hearings, and two lots were dropped due to controversy. When Assemblymember Burt questioned public use of the property on Mission Lake, Director Freed indicated that Richard Thomas, Kodiak Baptist Mission executive director, was in the audience. Presiding Officer McFarland opened the public hearing. Regular Assembly Meeting Volume XVIII July 7, 1994 Page 198 VOTE ON MOTION TO ADOPT Noes: None Absent: MOTION CARRIED Unanimous Richard Thomas explained that the Mission Board had no intention of restricting public use of the property for ice skating and fishing. Presiding Officer McFarland closed the public hearing and reconvened the regular meeting. At Assemblymember Milligan's inquiry, Director Freed stated the property between East Elementary School and the hospital, owned by the Mission, was recommended for rezoning to R -2 because the zoning district allowed public and institutional uses along with residential uses. Ayes: Burt, Hancock, Milligan, McFarland Austerman, Gould, Monroe D. Ordinance No. 94 -11 Amending Kodiak Island ORDINANCE Borough Code of Ordinances Chapter 8.10 Health NO. 94 -11 Powers to Provide that the City of Kodiak May Issue Revenue Bonds to Finance a Health, Education and Social Services Center to be Owned and Operated by the Kodiak Area Native Association. Presented for consideration was Ordinance No. 94 -11 which, if adopted, amended KIBC Chapter 8.10. MILLIGAN, moved to adopt seconded by BURT Ordinance No. 94 -11. Mayor Selby explained that the Borough had health powers and the ordinance authorized the City to issue bonds to construct a building for KANA's health clinic. Presiding Officer McFarland called for public testimony; hearing and seeing none, he reconvened the regular meeting. At questions raised by Assemblymember Burt, Mayor Selby explained that the City was acting as a selling agent and KANA would repay the revenue bonds 100 percent at no cost to the City. He said the building replaced the current KANA building. Regular Assembly Meeting Volume XVIII July 7, 1994 Page 199 VOTE ON MOTION TO ADOPT E. * * * * * * * * * * * * * * * * * * * * Ayes: Hancock, Milligan, Burt, McFarland Noes: None Absent: Austerman, Gould, Monroe MOTION CARRIED Unanimous After a ten minute recess at 8:00 p.m., Presiding Officer McFarland reconvened the regular meeting. Presiding Officer McFarland recessed the Assembly and convened the Board of Adjustment. BOARD OF ADJUSTMENT BOARD OF ADJUSTMENT An appeal of the Planning & Zoning Commission's denial of a preliminary plat of the subdivision of Lot 7A, Block 5, Miller Point Alaska Subdivision creating Lots 7A -1 through 7A -6, Block 5, Miller Point Alaska Subdivision, 4053 Cliffside Drive (Applicant: Edward Gondek and Lenhart Grothe) (Appellant: Gondek and Grothe, Agent: Ecklund Surveying) Presiding Officer McFarland explained that the Assembly would sit as the Board of Adjustment to hear Edward Gondek and Lenart Grothe's appeal of the April 20, 1994, Kodiak Island Borough Planning and Zoning Commission's denial of their request for a preliminary plat of subdivision. He outlined the procedures for the hearing as follows: presentation by the Community Development Department; appellant's testimony; individuals supporting the appeal; individuals opposing the appeal. The appellant would be offered the opportunity for a rebuttal following the last presentation. In all cases presentations would be limited to ten minutes as specified by KIBC 17.100.070(B). The Board of Adjustment would decide the appeal based on the appeal record, written and oral argument, and testimony and evidence presented on the appeal. After hearing all parties, the Board of Adjustment could affirm or reverse the decision of the Planning and Zoning Commission, in whole or in part. Such decision would be based upon findings and conclusions adopted by the Board of Adjustment. Regular Assembly Meeting Volume XVIII July 7, 1994 Page 200 Presiding Officer McFarland opened the public hearing. Linda Freed, Community Development Department Director, stated the Planning and Zoning Commission denied the applicant's request for a preliminary plat approval for subdivision into six lots based on information provided by staff and public testimony. She added that the Commission postponed the findings - of -fact for one month to ensure that the findings clearly reflected the Commission's decision. At questions raised by Assemblymember Burt, Director Freed clarified that the property was zoned R -2 in the mid- 1980s. Lenhart Grothe, appellant, felt the property met subdivision requirements because the lots were 50 percent larger than the minimum required and conformed with the surrounding neighborhood. At the Board's question on the impact of traffic, Mr. Grothe stated that of the six lots, three were accessed from Cliffside Road and three from Rezanof Drive. He said concern about access at the middle of the Cliffside Road hill could be alleviated by moving access to the bottom of the hill. He said he had counted vehicles and there were fewer vehicles on Cliffside Road than on Rezanof Drive and the lower Cliffside Road properties would not be impacted. Assemblymember Burt clarified that the minimum lot size requirement was 7,200 square feet. Mr. Grothe responded affirmatively and noted the proposed lots were approximately 10,000 square feet each. When Assemblymember Hancock questioned drainage, Mr. Grothe considered that it was not a wetlands area and the stream was created when Rezanof Drive was built. He intended to re -route the stream along the edge of the lot. Although Assemblymember Milligan did not recall that wetlands were an issue, he was concerned with the dynamics when rock removal altered the property. Mr. Grothe explained that little rock removal was ===== a -'7 1- At questions raised by Presiding Officer McFarland, Mr. Grothe outlined that of 18 lots within a 300 foot radius, 10 were less than 10,000 square feet. Regular Assembly Meeting Volume XVIII July 7, 1994 Page 201 :i ,1 A Barbara Rabold, Cliffside Road resident, supported the Planning and Zoning Commission decision. She observed that the character of the neighborhood changed with the advent of sewer and water because property was subdivided. She said the mean average lot size was 20,000 square feet and property owners had the right to protect property values and quality of life by preventing incompatible development. Although she did not want the subdivision completely eliminated, she felt that a minimum 20,000 square foot lot size would reduce traffic and impact. She felt road safety and drainage were potential problems and that Mr. Grothe had no interest in the neighborhood because he was not a resident. She said LeRoy Cossette, adjacent property owner, had serious concerns about drainage. When questioned by Assemblymember Hancock, Ms. Rabold stated she just recently became knowledgeable about the ramifications of R -2 zoning. Emil Norton, Cliffside Road resident, stated his property was directly across from the proposed subdivision. He said he was one of the original property owners and when water and sewer lines were installed, he did not understand the potential for subdivision. He felt it was outrageous to divide an acre of land into six lots. He said added traffic and people would disrupt the quiet neighborhood. At questions raised by Assemblymember Hancock, Mr. Norton stated he did not understand the ramifications of water and sewer until it was too late. At Presiding Officer McFarland's query, Mr. Norton stated the Cliffside Road hill was icy in winter and potentially dangerous. Mr. Norton responded to Assemblymember Burt's question in that he was concerned with increased traffic and population. He said he built fences to protect his property and that was costly. Kevin O'Learv, Cliffside Road resident, stated he built his home on a previously subdivided lot. He enjoyed the neighborhood's beauty and low density. /IC hall& LLIC IuaJVL LI.y US Lilt 11LL111C WCLC G3111Cj LC LQmssy residences and the subdivision would deprecate property values. He did not want increased traffic, people and pets. Joe Stevens, Cliffside Road resident, compared Cliffside Road to the steepest part of Thorsheim Street as above the Borough's maximum grade limits. Regular Assembly Meeting Volume XVIII July 7, 1994 Page 202 3 7 He said Cliffside Road had sheer drops into the swampy area and there was no place to pull -off. He felt the Borough could have eliminated the road by re- routing through the property sold to Mr. Grothe. Presiding Officer McFarland cautioned the Assembly to disregard comparisons of Cliffside Road and Thorsheim Street because they were not that of an expert. He regarded that Mr. Stevens was a five -year resident of Cliffside Road and appreciated his comments about road safety. At Assemblymember Burt's query, Mr. Stevens stated he objected to the subdivision because of traffic congestion. Stacey Studebaker, 4288 Cliffside Road, supported the Planning and Zoning Commission decision. She did not entirely oppose the subdivision but hoped for 20,000 square foot lots. She asked the Assembly to remember the importance of protecting residents and developers equally. She noted that Mr. Grothe did not reside on the property. When asked, she clarified that she was opposed to six lots but not opposed to three lots with access from Rezanof Drive. Len Grothe felt traffic only impacted the lots with Cliffside Road access. He said the road was re- engineered when sewer and water were installed and met Borough standards. He stated his property was large enough to accommodate eight lots but he chose a limit of six lots and planned to fill the lots to the Cliffside Road elevation to eliminate the steep drop - off. He considered putting a road on the north side of the property but residents complained of a potential increase in sightseers. At Assemblymember Burt's query, Mr. Grothe stated that flag- shaped lots would allow access to the six lots from Rezanof Drive but driveway requirements substantially reduced the useable square footage. Assemblymember Hancock felt that reducing the lots from six to three, with access off Cliffside Drive, did not alleviate traffic problems. At Presiding Officer McFarland's concern about drainage, Mr. Grothe stated that a drainage plan was designed and required building inspector approval. Presiding Officer McFarland closed the public hearing and reconvened the regular meeting. Regular Assembly Meeting Volume XVIII July 7, 1994 Page 203 MILLIGAN, seconded by HANCOCK n At questions raised by Assemblymember Milligan, Director Freed stated that the average lot size, determined by square footage figures or standard deviation, was determined on an individual basis. At Presiding Officer McFarland's inquiry, Director Freed stated the proposed drainage plan in the Assembly's packet was difficult to read. She said the Engineering/ Facilities Department reviewed the plan and required additional information prior to plat approval to ensure that concerns were addressed. moved to grant the appeal of the Planning & Zoning Commission's denial of a preliminary plat of the subdivision of Lot 7A, Block 5, Miller Point Alaska Subdivision creating Lots 7A -1 through 7A -6, Block 5, Miller Point Alaska Subdivision, 4053 Cliffside Drive (Applicant: Edward Gondek and Lenhart Grothe) (Appellant: Gondek and Grothe, Agent: Ecklund Surveying) Assemblymember Hancock understood resident's concerns but argued that the property was zoned R -2 and Mr. Grothe had the legal right to use the property. Assemblymember Milligan understood that Mr. Grothe did not live in the area but he felt reasonable development would not occur if every developer was held to that standard. He argued that if a duck lived there, it was wetland. He said ensuring property owners the right to voice concerns was the issue and residents were reasonable in that they did not want to deny Mr. Grothe the ability to realize a profit but wanted the number of lots limited. He thought that subdividing into three lots would also impact the neighborhood. Assemblymember Burt believed in the right to develop. Presiding Officer McFarland felt that access to lots from Cliffside Road, drainage and safety hazards needed to be addressed. He did not want to discourage Mr. Grothe from developing but favored a different form of development. Regular Assembly Meeting Volume XVIII July 7, 1994 Page 204 VOTE ON MOTION Ayes: Burt, Hancock Noes: Milligan, McFarland Absent: Austerman, Gould, Monroe MOTION FAILED 2 Ayes, 2 Noes MILLIGAN, seconded by BURT VOTE ON MOTION TO POSTPONE e Ayes: Burt, Hancock, Milligan, McFarland Noes: None MOTION CARRIED Unanimous moved to postpone the findings -of -fact to July 21, 1994. Absent: Austerman, Gould, Monroe After a ten minute recess at 9:43 p.m., Presiding Officer McFarland reconvened the regular meeting. MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby stated that a partial settlement of $350,000 in raw fish tax funds resulting from the Exxon Valdez oil spill was received and the Borough was involved in continued litigation in federal and state court in Anchorage. He reported that the portion of municipal assistance revenue funds vetoed by Governor Hickel represented approximately a 15 percent cut. He said, however, that the 1995 Borough budget reflected a 15 percent cut and was in line with anticipated funding. He said the Open Meetings Act and changes in investment pool legislation allowing increased rates for municipalities were signed into law. He said Dave Rose, AML investment pool advisor, was working to increase the rate of return. He stated that as of June 30, $300,000 would be added to the fund balance reserves as a contingency against future legislative appropriations. Regular Assembly Meeting Volume XVIII July 7, 1994 Page 205 R OLD BUSINESS OLD BUSINE' A. Confirmation of Planning and Zoning Commissioner. The motion to confirm the Mayor's appointment of Ken Gordon to a two -year city seat on the Planning and Zoning Commission to expire December 31, 1995 was before the Assembly. Mayor Selby clarified that Mr. Gordon, the sole applicant, was interviewed by the Assembly. There was no discussion by the Assembly. VOTE ON MOTION TO APPOINT Ayes: Hancock, Milligan, Burt, McFarland Noes: None Absent: Austerman, Gould, Monroe MOTION CARRIED Unanimous NEW BUSINESS A. BID AWARDS 1. MILLIGAN, seconded by HANCOCK Contract No. 94 -07 Northstar Elementary School, Phase I, Site Development. moved to award Contract No. 94 -07 to Brechan Enterprises, Inc. of Kodiak in an amount not to exceed $743,349. Mayor Selby explained there were two alternatives: 1) remove approximately 15,000 cubic yards of excess rock to expand the hospital parking lot and use as cover material at the landfill and Smokey's Dump; and 2) loop the water system down Mallard Way and Otmeloi Way into the water line that loops Island Lake. He said originally the water line was designed to cross the playground. He added that looping the line, at a cost of $51,000, was desirable because it eliminated residual chlorine levels and allowed a continual circulation of fresh water to the school. He said looping was important for fire protection services. He noted that, even with the alternatives, the proiect was under budget. He said he asked the CONFIRMATIO,. OF PLANNING & ZONING COMMISSIONER NEW BUSINE: BID AWARDS CONTRACT NO. 94 -07 Regular Assembly Meeting Volume XVIII July 7, 1994 Page 206 1 a Service District No. 1 Board to look at the sewer line configuration so it could be done at the same time. When Assemblymember Burt suggested including sewer installation in the contract, Mayor Selby stated the time -frame to complete construction by August 1995 was tight and including sewer installation caused a need to re -bid the project that would cause delays. Although Presiding Officer McFarland did not disagree with Assemblymember Burt's comments, he felt that delays pushed construction into the winter and that was costly. He said changes were necessary to provide an adequate building. He respected Assemblymember Burt for his caution and concern about increased project costs. Assemblymember Milligan asked if a completed project was anticipated within projected costs. Mayor Selby stated that no shortfalls were anticipated. In general, Assemblymember Burt requested additional information on all contracts. VOTE ON MOTION TO AWARD Ayes: Milligan, Burt, Hancock, McFarland Noes: None Absent: Austerman, Gould, Monroe MOTION CARRIED Unanimous 2. Contract No. 94 -08 Junk Removal Program Services. HANCOCK, moved to award Contract seconded by MILLIGAN No. 94 -08 for time and services to Airport Towing of Kodiak. Mayor Selby stated the contract was for removal of junk autos. He urged the community to contact the Borough for pick -up service. There was no discussion by the Assembly. CONTRACT NO. 94 -08 Regular Assembly Meeting Volume XVIII July 7, 1994 Page 207 1 VOTE ON MOTION Ayes: Burt, Hancock, Milligan, McFarland Noes: - None Absent: Austerman, Gould, Monroe MOTION CARRIED Unanimous 3. Contract No. 94 -09 Fuel Oil Delivery to the CONTRACT Kodiak Island Borough Municipal Facilities NO. 94 -09 for the Period July 1, 1994 to June 30, 1995. HANCOCK, seconded by MILLIGAN 4. Contract No. 94 -10 Kodiak Island Borough CONTRACT Municipal Facilities Grading, Snow Removal NO. 94 -10 and Sanding for the Period July 1, 1994 to June 30, 1995. moved to award Contract No. 94 -09 for time and materials to Thompson Transfer, Ihc. of Kodiak. Mayor Selby explained that two bids were received and Thompson Transfer, Inc. was the low bidder. There was no discussion by the Assembly. VOTE ON MOTION TO AWARD Ayes: Hancock, Milligan, Burt, McFarland Noes: None Absent: Austerman, Gould, Monroe MOTION CARRIED Unanimous MILLIGAN, seconded by HANCOCK moved to award Contract No. 94 -10 for time and materials to A -K Construction Company of Kodiak. Mayor Selby explained that the contract serviced the Borough building, high school and hospital parking lots. He noted that only one bid was received. Regular Assembly Meeting Volume XVIII July 7, 1994 P age 208 9 i 4 There was no discussion by the Assembly. VOTE ON MOTION TO AWARD Ayes: _ Milligan, Burt, Hancock, McFarland Noes: None Absent: Austerman, Gould, Monroe MOTION CARRIED Unanimous VOTE ON MOTION TO AWARD 5. Contract No. 94 -11 Purchase of Dump Truck CONTRACT for use at the Kodiak Island Borough NO. 94 -11 Landfill. MILLIGAN, moved to award Contract seconded by BURT No. 94 -11 to Alaska Truck Center of Anchorage in an amount not to exceed $67,398.53. Mayor Selby explained that the new dump truck replaced a current truck that was non - operational. He noted that two dump trucks were needed because DEC required that bales and cover material be moved simultaneously. He noted that replacement funds were previously budgeted. When Assemblymember Burt questioned the thought of purchasing a surplused truck, Mayor Selby stated that Robert Tucker, KIBSD maintenance manager, traveled to Richardson Air Force Base but dump trucks were not available. He said it was a heavy construction year and fewer surplused vehicles were available. Ayes: Burt, Hancock, Milligan, McFarland Noes: None Ahaant• �::�tci n...i_3 QSL, Monroe MOTION CARRIED Unanimous Regular Assembly Meeting Volume XVIII July 7, 1994 Page 209 6. Contract No. Sewage Pump Maintenance Period July MILLIGAN, seconded by BURT MILLIGAN, seconded by HANCOCK MILLIGAN, seconded by BURT VOTE ON MOTION TO POSTPONE 94 -12 Service District No. 1 Station Preventative & Repair Services for the 1, 1994 to June 30, 1995. moved to award Contract No. 94 -12 for time and materials to Cassell Enterprises of Kodiak. Mayor Selby stated two bids were received and Cassell Enterprises was the low bidder. There was no discussion by the Assembly. VOTE ON MOTION TO AWARD Ayes: Hancock, Milligan, Burt, McFarland Noes: None Absent: Austerman, Gould, Monroe MOTION CARRIED Unanimous 7. Contract No. 94 -13 Service District No. 1 Water and Sewer Installation, Maintenance and Repair for the Period July 1, 1994 to June 30, 1995. moved to award Contract No. 94 -13 for time and materials to A -K Construction Company of Kodiak. Mayor Selby stated A -K construction was the sole bidder. He said because there was confusion about the vote taken by the Service District No. 1 Board, Scott Arndt, Board chairman, recommended postponing the contract to the July 21, 1994 regular meeting. He noted that the sewer treatment plant design and engineering draft was also on the July 21 agenda. moved to postpone Contract No. 94 -13 to July 21, 1994. Ayes: Milligan, Burt, Hancock, McFarland CONTRACT NO. 94 -12 CONTRACT NO. 94 -13 Regular Assembly Meeting Volume XVIII July 7, 1994 Page 210 Noes: None Absent: Austerman, Gould, Monroe MOTION CARRIED MILLIGAN, seconded by HANCOCK VOTE ON MOTION TO AWARD Noes: None MILLIGAN, seconded by HANCOCK Unanimous 8. Contract No. 94 -17 Ouzinkie Remodel/ CONTRACT Addition Asbestos Abatement Design and NO. 94 -17 Monitoring. Mayor Selby stated there was a large amount of asbestos that should be abated and Steve Hobgood, Engineering /Facilities Director, identified that staff was not adequately certified for the removal. At Assemblymember Burt's inquiry, Mayor Selby stated the contract was to design and oversee removal of the asbestos and a different contractor would provide actual removal. He said that two contractors guarded that the asbestos removal complied with EPA requirements. Ayes: Burt, Hancock, Milligan, McFarland Absent: Austerman, Gould, Monroe MOTION CARRIED Unanimous moved to award Contract No. 94 -17 to Specialized Environmental Consulting, Inc. of Wauna, Washington in an amount not to exceed $6,400. 9. Contract No. 94 -19 High School Carpet Project. moved to award Contract No. 94 -19 to Commercial Contractors, Inc. of Anchorage in an amount not to exceed $81,454. CONTRACT NO. 94 -19 Regular Assembly Meeting Volume XVIII July 7, 1994 Page 211 Mayor Selby stated the carpet replacement was part of the phase IV Kodiak High School renovation project. He said the old carpet was a liability because it was worn and there was the potential for people to trip. He said carpet was safer than vinyl because it was not slippery when wet. He noted that the carpet was industrial grade with a ten -year guarantee. VOTE ON MOTION TO AWARD Ayes: Hancock, Milligan, Burt, McFarland Noes: None Absent: Austerman, Gould, Monroe MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 94 -19 Urging the Governor of RESOLUTION the State of Alaska to Appoint a Kodiak NO. 94 -19 Representative to the Advisory Board for the Oil Spill Recovery Institute (OSRI). Presented for consideration was Resolution No. 94 -19 which, if adopted, urged Governor Hickel to re- nominate Suzanne Hancock to the Oil Spill Recovery Institute Advisory Board for a two -year term. MILLIGAN, moved to adopt seconded by BURT Resolution No. 94 -19. Mayor Selby said Assemblymember Hancock expressed a desire to serve on the Board for a second term. Presiding Officer McFarland ruled no conflict -of- interest for Assemblymember Hancock to vote on the resolution because there was no direct financial gain. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Milligan, Burt, Hancock, McFarland Noes: None Absent: Austerman, Gould, Monroe Regular Assembly Meeting Volume XVIII July 7, 1994 Page 212 MOTION CARRIED Unanimous 2. Resolution No. 94 -20 Executing a Mini -Grant RESOLUTION Request from the Rural Community Assistance NO. 94 -20 Program. Presented for consideration was Resolution No. 94 -20 which, if adopted, to manage mini -grant funds of $25,000 for the Organic Plant Food Project. MILLIGAN, moved to adopt seconded by BURT Resolution No. 94 -20. Mayor Selby outlined that the Borough was willing to manage a Department of Community and Regional Affairs grant on behalf of Marion Stirrup. He said the Project used excess bone meal from the fish reduction plant and was an economic development opportunity. At Assemblymember Burt inquiry, Mayor Selby clarified that the Borough would manage the funds and recover the cost of administering the grant. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED 3. Resolution No. Appointment of the Council on Assault. Burt, Hancock, Milligan, McFarland None Austerman, Gould, Monroe Unanimous 94 -21 Supporting the RESOLUTION a Local Kodiak Resident to NO. 94 -21 Domestic Violence and Sexual Presented for consideration was Resolution No. 94 -21 which, if adopted, supported the appointment by Governor Hickel of a rural Alaskan representative from Kodiak, Alaska, to the Council on Domestic Violence and Sexual Assault. MILLIGAN, moved to adopt seconded by HANCOCK Resolution No. 94 -21. Mayor Selby explained that Greg Razo expressed interest in serving on the Council and the Kodiak Women's Resource and Crisis Center hoped for the appointment of a Kodiak resident. Regular Assembly Meeting Volume XVIII July 7, 1994 Page 213 7 0 At Assemblymember Burt question, Presiding Officer McFarland explained that Assemblymember Gould drafted the resolution as a mechanism to show support. VOTE ON MOTION TO ADOPT Ayes: Hancock, Milligan, Burt, McFarland Noes: None Absent: Austerman, Gould, Monroe MOTION CARRIED Unanimous 4. Resolution No. 94 -22 Committing the Kodiak RESOLUTION Island Borough as a Member of the Alaska NO. 94 -22 Municipal League Joint Insurance Association, Inc. and Approving a Cooperative Participation Agreefient. Presented for consideration was Resolution No. 94 -22 which, if adopted, indicated the Borough's commitment to become a member of the Alaska Municipal League Joint Insurance Association, Inc. MILLIGAN, moved to adopt seconded by BURT Resolution No. 94 -22. Mayor Selby stated the resolution committed the Borough as a full participating member of AML /JIA. Assemblymember Milligan felt that David Rose was a driving force in increasing the Alaska Permanent Fund principal to $14 billion and asked if his expertise could be accessed now that he worked for AML. Mayor Selby stated that Mr. Rose was the investment advisor for the investment pool, not the insurance program. VOTE ON MOTION TO ADOPT Ayes: Milligan, Burt, Hancock, McFarland Noes: None Absent: Austerman, Gould, Monroe MOTION CARRIED Unanimous Regular Assembly Meeting Volume XVIII July 7, 1994 Page 214 MILLIGAN, seconded by HANCOCK VOTE ON MOTION TO ADVANCE ORDINANCES FOR C ORDINANCES FOR INTRODUCTION INTRODUCTION 1. Ordinance No. 94 -12 Amending Kodiak Island Borough Code 16.50.020 Requirements of Final Plat. Presented for consideration was Ordinance No. 94 -12 which, if adopted, amended Kodiak Island Borough Code to reduce the number of plat copies required by the state from four to two. This item was advanced to public hearing under "Consent Agenda ". 2. Ordinance No. 94 -13 Amending Kodiak Island Borough Code of Ordinances Chapter 4.15 Service Area Boards of Supervisors Section 4.15.20 Composition, Appointment, Election Qualifications. Presented for consideration was Ordinance No. 94 -13 which, if adopted, amended Kodiak Island Borough Code to state that the mayor and members of the assembly may not be members of a service area board. moved to advance Ordinance No. 94 -13 to public hearing on July 21, 1994. Mayor Selby explained that at the request of the Assembly, the Borough attorney reviewed the aspect of assemblymembers serving consecutively on service area boards and recommended a change in code language. Assemblymember Milligan felt that, because Kodiak was a small community, people should potentially not be disqualified from serving consecutively on service area boards and the assembly. Assemblymember Burt stated that he served on the Womens Bay Service Area Board and felt that knowledge of the Assembly and the political system was an asset. Presiding urrscer McFarland clarified that Assemblymembers were ex- officio members of all boards and commissions. Ayes: Burt, Hancock, Milligan, McFarland ORDINANCE NO. 94 -12 ORDINANCE NO. 94 -13 Regular Assembly Meeting Volume XVIII July 7, 1994 - Page 215 Noes: None Absent: Austerman, Gould, Monroe MOTION CARRIED - Unanimous 3. Ordinance No. 94 -14 Placing the Question of ORDINANCE Altering the Boundary of Service District NO. 94 -14 No. 1 on an October 4, 1994 Ballot. Presented for consideration was Ordinance No. 94 -14 which, if adopted, placed the question of altering the boundary of Service District No. 1 by detachment of a specific area on an October 4, 1994 ballot. MILLIGAN, moved to advance seconded by BURT Ordinance No. 94 -14 to public hearing on July 21, 1994. Mayor Selby said the petition was drafted by property owners who paid taxes but did not receive road, water and sewer services from the service district. Assemblymember Burt spoke with one of the petitioners and understood the property owners did not want to be included if the service district was annexed. Mayor Selby did not feel that would have impact because the Local Boundary Commission (LBC) would draw the boundaries for annexation. Presiding Officer McFarland read the petition and perceived that the desire was not to pay taxes on services not received. VOTE ON MOTION TO ADVANCE Ayes: Hancock, Milligan, Burt Noes: McFarland Absent: Austerman, Gould, Monroe MOTION FAILED 3 Ayes, i No 4. Ordinance No. 94 -15 Rezoning a Portion of ORDINANCE Lot 15, U.S. Survey 3471, From RR1- -Rural NO. 94 -15 Residential One To PL-- Public Use Lands. (37044 Chiniak Highway, near Brookers Lagoon in Chiniak) Regular Assembly Meeting Volume XVIII July 7, 1994 Page 216 HANCOCK, seconded by MILLIGAN Presented for consideration was Ordinance No. 94 -15 which, if adopted, rezoned property in accordance with the Chiniak Community Comprehensive Plan that identified development of public facilities. This item was advanced to public hearing on July 21, 1994 under "Consent Agenda ". 5. Ordinance No. 93 -10K Amending Ordinance No. ORDINANCE 93 -10 Fiscal Year 1994 Budget (Coastal NO. 93 -10K Management Grant Receipt). Presented for consideration was Ordinance No. 93 -10K which, if adopted, accepted grant funds of $1,800 from the State of Alaska Department of Community and Regional Affairs for implementation of the KIS Coastal Management Program and revision of the KIS Coastal Management Plan. This item was advanced to public hearing on July 21, 1994 under "Consent Agenda ". D. OTHER ITEMS OTHER ITEMS 1. Contract No. 94 -18 Animal Control Contract CONTRACT between the Kodiak Island Borough and the NO. 94 -18 City of Kodiak for FY95. moved to approve Contract No. 94 -18 with the City of Kodiak in an amount not to exceed $48,000. Mayor Selby stated the contract was for animal control outside the city limits. There was no discussion by the Assembly. VOTE ON MOTION TO APPROVE Ayes: Milligan, Burt, Hancock, McFarland Noes: None Absent: Austerman, Gould, Monroe MOTION CARRIED Unanimous 2. Appointment to Hospital and Health Facility HOSPITAL Advisory Board. ADVISORY BOARD APPOINTMENT Regular Assembly Meeting Volume XVIII July 7, 1994 Page 217 1 3 MILLIGAN, seconded by HANCOCK HANCOCK, seconded by MILLIGAN moved to appoint Judy Trousil to a three -year seat on the Hospital and Health Facility Advisory Board to expire December 31, 1996. Mayor Selby stated that Judy Trousil, the sole applicant, was interviewed by the Assembly. There was no discussion by the Assembly. VOTE ON MOTION TO APPOINT Ayes: Burt, Hancock, Milligan, McFarland Noes: None Absent: Austerman,'Gould, Monroe MOTION CARRIED Unanimous 3. Appointment to Mental Health Center Advisory Board. moved to appoint Patti J. Carlson to a one - year seat on the Mental Health Center Advisory Board to expire December 31, 1994. Mayor Selby said there were two qualified applicants. He added that Ms. Carlson was interviewed by the Assembly. There was no discussion by the Assembly. VOTE ON MOTION TO APPOINT Ayes: Hancock, Milligan, Burt, McFarland Noes: None Absent: Austerman, Gould, Monroe MOTION CARRIED Unanimous MENTAL HEALTH CENTER ADVI °^RY BOARD APPOINTMENT Regular Assembly Meeting Volume XVIII July 7, 1994 Page 218 4. Contract No. 94 -14 Main Elementary School CONTRACT Heating, Ventilation and Air Conditioning NO. 94 -14 Repair Design. MILLIGAN, _ moved to approve seconded by HANCOCK Contract No. 94 -14 with RSA Engineering, Inc. of Anchorage in an amount not to exceed $9,500. Mayor Selby said the current air handling system was failing and the contract was to redesign and reduce it to a lower technology. There was no discussion by the Assembly. VOTE ON MOTION TO APPROVE Ayes: Milligan, Burt, Hancock, McFarland Noes: None Absent: Austerman, Gould, Monroe MOTION CARRIED Unanimous 5. Contract No. 94 -15 Mutual Aid Agreement CONTRACT Between the USCG Support Center Kodiak, NO. 94 -15 Fire Protection Area No. 1 and Womens Bay Service Area. MILLIGAN, moved to approve seconded by HANCOCK contract No. 94 -15. Mayor Selby explained this combined several mutual aid agreements into one. There was no discussion by the Assembly. VOTE ON MOTION TO APPROVE Ayes: Burt, Hancock, Milligan, McFarland Noes: None Absent: MOTION CARRIED Regular Assembly Meeting July 7, 1994 Austerman, Gould, Monroe Unanimous Volume XVIII Page 219 HANCOCK, seconded by MILLIGAN VOTE ON MOTION TO APPROVE Ayes: MCFARLAND seconded by BURT Noes: None MOTION CARRIED Unanimous VOTE ON MOTION TO RECONSIDER 6. Contract No. 94 -16 Shuyak Island Appraisal. moved to approve Contract No. 94 -16 with Thomas Dunagan, MAI of Anchorage in an amount not to exceed $17,000. Mayor Selby stated the federal appraisal process was underway and the draft document was anticipated by August 1 with final negotiations in late August. He said Mr. Dunagan would prepare a separate appraisal for the negotiation process. At Assemblymember Milligan's inquiry, Mayor Selby stated that timber was the most valuable resource on Shuyak Island and the need was to determine a true market value to negotiate the best price. Hancock, Milligan, Burt, McFarland Absent: Austerman, Gould, Monroe After a five minute recess at 11:10 p.m., Presiding Officer McFarland reconvened the regular meeting. In order to make a motion, Presiding Officer McFarland passed the gavel to Assemblymember Hancock. moved to reconsider RECONSIDERATION the vote to advance ORDINANCE Ordinance No. 94 -14 to NO. 94 -14 public hearing on July 21, 1994. Assemblymember McFarland explained his motion in that he had concern about the petition but did not want to obstruct the public process. CONTRACT NO. 94 -16 Ayes: Milligan, McFarland, Burt, Hancock Noes: None c, Regular Assembly Meeting Volume XVIII July 7, 1994 Page 220 Absent: Austerman, Gould, Monroe MOTION CARRIED Unanimous VOTE ON MOTION TO ADVANCE Ayes: Burt, Milligan, McFarland, Hancock Noes: None Absent: Austerman, Gould, Monroe MOTION CARRIED Unanimous INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Kodiak Island Borough School District Regular Meeting of May 23, 1994 and Special Meetings of June 6 and 20, 1994. 2. Planning and Zoning Commission Meeting of May 19, 1994. 3. Data Processing Steering Committee Meeting of April 15, 1994. 4. Mental Health Center Advisory Board Meeting of May 23, 1994 and Procedural Rules & Order of Business Work Session Notes of June 2 and Education Committee Work Session Notes of June 9, 1994. B. REPORTS REPORTS 1. Kodiak Island Borough June 1994 Financial Report. 2. Community Development Department April & May 1994 Status Report. 3. Mental Health Center Director's June 1994 Report. C. OTHER None. CITIZENS' COMMENTS Scott Arn•t, Service District No. 1 Board chairman, clarified the Northstar Elementary School water line extension in that the design was in place to lay the line along Otmeloi Way and Mallard Way with maintenance provided by the service district. He OTHER CITIZENS' COMMENTS Regular Assembly Meeting Volume XVIII July 7, 1994 Page 221 said the up -front costs were high but the pay -back on future repairs was dramatic. He stated the Board completed previously established priorities and completing the line along Otmeloi Way and Mallard Way was the next priority. Assemblymember Burt was concerned with the lack of information on contracts in the assembly's packet. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS As the president of the Southwest Alaska Municipal League ( SWAMC), Assemblymember McFarland said that Mary Stadum, SWAMC executive director, informed him that funds were transferred for the Economic Development Administration grant. He extended a special hello to the Olympic basketball players. He announced that the Kodiak Island Borough Assembly would meet in a work session on Thursday, June 14 at 7:30 p.m. in the borough conference room; a joint Assembly /Council work session on Tuesday, July 19 at 7:30 p.m. in the assembly chambers; and a regular meeting on Thursday, July 21 at 7:30 p.m. in the assembly chambers. Assemblymember Milligan appreciated Assemblymember Hancock's interest in serving on the Oil Spill Recovery Institute Board. He thanked Assemblymember Burt for his questions. Assemblymember Burt felt the time to look at subdivisions was during the subdivision process. He urged the community to keep a constant eye on what government was doing. Acting Presiding Officer Hancock remembered that Smokey Stover and Edna Kraft were pioneers in the community and noted their high degree of public service and continued concern about their fellow man. She extended sympathy to their families. MILLIGAN, moved to adjourn. ADJOURNMENT seconded by BURT VOTE ON MOTION TO ADJOURN MOTION CARRIED Unanimous voice vote Regular Assembly Meeting Volume XVIII July 7, 1994 Page 222 There being no further business to come before the Assembly, the meeting ad ••r at 11:26 •.m. ATTEST: Borough Clerk Approved: 08/04/94 t >2 1 ing Officer Regular Assembly Meeting Volume XVIII July 7, 1994 Page 223