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1994-08-04 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting August 4, 1994 A regular meeting of the Kodiak Island Borough Assembly was held August 4, 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. The invocation was given by Envoy Craig Fanning of the Salvation Army, followed by the Pledge of Allegiance. There were present: ROLL CALL Alan Austerman, Presiding John Burt Gordon Gould Suzanne Hancock Mike Milligan Mary Monroe Absent: Jack McFarland comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC, Clerk Linda Freed, Community Development Director Judi Nielsen, Deputy Clerk Assemblymember McFarland was out -of -town on business and asked to be excused. MILLIGAN, seconded by MONROE GOULD, enna ti`" MAN RAW E wj moved to excuse Assemblymember McFarland. VOTE ON MOTION TO EXCUSE MOTION CARRIED Unanimous voice vote APPROVAL OF AGENDA AND CONSENT AGENDA moved to approve *ha a a n.4 __* ' vv..ry agenda. Clerk Smith read the items for consideration under "Consent Agenda ". REGULAR MEETING APPROVAL OF AGENDA AND CONSENT AGENDA Regular Assembly Meeting Volume XVIII August 4, 1994 Page 246 Ayes: 1 VOTE ON MOTION TO APPROVE Burt, Gould, Hancock, Milligan, Monroe, Austerman None McFarland Unanimous Noes: Absent: MOTION CARRIED APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of July 7, 1994. This item was approved under "Consent Agenda ". AWARDS AND PRESENTATIONS A. Employee of the Month Mayor Jerome Selby presented the Employee of the Month Award to Jeri Jensen, Day Care Assistance Program administrator. B. Proclamations Mayor Selby proclaimed August 4, 1994 U.S. Coast Guard 204th Anniversary Day, urging all citizens to participate in the annual event and celebrate the important role the United States Coast Guard plays in our community. Captain Bienvenido Abiles, Commanding Officer of the USCG Support Center, accepted the proclamation. Captain Aviles was pleased with the tradition of mutual admiration and cooperation shared by the Borough and Coast Guard. Mayor Selby proclaimed August 1994 Ronald McDonald House Month, urging all citizens to recognize the important role this caring residence plays during a time of challenge to Alaskan families. Jane Peterson, on behalf of Garry Ervin, owner of McDonald's of Kodiak, accepted the proclamation. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing Omar Stratman spoke in opposition to Ordinance No. 94 -16. He referred to a map in the chambers and said he felt staff made a mistake in determining the boundaries because the area was not cohesive. He owned his ranch for over 30 years and said the APPROVAL OF MINUTES AWARDS AND PRESENTATIONS EMPLOYEE OF THE MONTH PROCLAMATI USCG 204TH ANNIVERSARY DAY RONALD MCDONALD HOUSE MONTH CITIZENS' COMMENTS Regular Assembly Meeting Volume XVIII August 4, 1994 Page 247 I I ordinance might infringe on the right to farm law. He said property owners should have the right to choose and wanted his property deleted from the ordinance. When Assemblymember Milligan outlined that concern was over property beginning at Thumbs Up Cove, Mr. Stratman responded affirmatively and mentioned the area around Isthmus Island and Kalsin Bay. Ginny Sargent understood that Chiniak was seeking a library service district but she had not seen the petition and thought Roy Ecklund was not notified. She lives twelve miles away from the library and only went there to vote. She enumerated the functions that occurred other than library services. She felt she should not be taxed for what she was not using. Woody Koninq spoke in favor and noted that a group of Chiniak residents met and decided that a service district was an appropriate way to providb needed services. He apologized for not contacting all residents but said the community was diverse and that was difficult. He felt the library was valuable and necessary to the community and a tax increase was a small price to pay for services received. He urged the Assembly to adopt the ordinance. At Assemblymember Burt's query, Mr. Koning stated the intent was to encompass all residents who utilized the building for library services, school functions, community meetings and voting. He stated the map with boundaries along section lines was required by the assessor's office. He said the attitude was not land grabbing to increase revenues but to include all possible residential areas. Assemblymember Milligan felt it was logical to eliminate the Thumbs Up Cove area. He said the tsunami shelter was a valuable asset and it was a shame not to accommodate those residents willing to support and maintain the building. Mr. Koning clarified that the intent was to include potential new residents in the area. Assemblymember l L l eel the the L A�aClYL LY1LLCIYLCL 3L1 L14 compared L.LLC map ±1L L.LLC chambers to the map on the petition and felt they were significantly different. Mr. Koning outlined the difference and stated the area was increased by the assessor to follow section lines. Regular Assembly Meeting Volume XVIII August 4, 1994 Page 248 COMMITTEE REPORTS 9 'J 4 n B. Items Other Than Those Appearing on the Agenda Okev Chandler viewed the Northstar Elementary School property and felt it would cost a fortune to prepare the property for building. He said the Borough ot4ned the previously proposed hospital site property and it would be cheaper to build the school there. At his question, Deputy Presiding Officer Austerman stated the hospital property was used as a temporary ball field with the intent to build a middle school in the future. When Deputy Presiding Officer Austerman stated the school board made the determination where to build the school, Mr. Chandler contended that Borough funds were used and the Borough should review it. Assemblymember Monroe reiterated the cost of improving the hospital site property would not be lost because a middle school would be built there in the future. Assemblymember Burt announced that the last Planning and Zoning Commission work session was cancelled. PUBLIC HEARING None. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby stated that Rollie Schmitten, National Marine Fisheries director, and Steve Penoyer, National Marine Fisheries regional director, were in Kodiak and were enthusiastic about the combined National Oceanic and Atmospheric Association/ Fisheries Industrial Technology Center (NOAA /FITC) facility on Near Island. He said Senator Stevens placed $55 million in the federal budget for NOAA facilities construction and the Kodiak facility was eligible for funding. He noted that design work was progressing and a feasibility study was completed that determined the facility had a $30 million price tag that would be funded by an annual appropriation. He said additional funding expected was S3 million from the Exxon Valdez criminal settlement and a $500,000 appropriation from congress for design work. In addition, he said annual lease funds for the NOAA portion of the facility would equate to 1 mil. He was seeking a commitment from the governor's office that the Department of Fish and Game would occupy a portion of the building. COMMITTEE REPORTS PUBLIC HEA MESSAGES FROM MAYOR Regular Assembly Meeting Volume XVIII August 4, 1994 Page 249 A OLD BUSINESS None. NEW BUSINESS A. BID AWARDS None. B. RESOLUTIONS He attended the National Association of Counties meeting where discussion centered on the doubling of the payment in lieu of tax. He said final senate action was anticipated in the fall and, if approved, funds to the Borough would be increased to approximately $800,000. 1. Resolution No. 94 -23 Establishing Unit RESOLUTION Prices for Material Sales Contracts. NO. 94 -23 Presented for consideration was Resolution No. 94 -23 which, if adopted, continued the eighty -five cents ($.85) per cubic yard minimum unit price for material sales contracts from July 1, 1994 through June 30, 1995. MILLIGAN, moved to adopt seconded by MONROE Resolution No. 94 -23. Mayor Selby said the annual resolution set the unit price for gravel extraction on four parcels of leased Borough land in the Womens Bay area. He said Bud Cassidy, Borough resource manager, recommended adoption. At the request of Assemblymember Burt, Mayor Selby explained the fee was based on cubic yards, not tons. VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: McFarland MOTION CARRIED Unanimous n < Gould, Hancock, Milligan, Monroe, Burt, Austerman OLD BUSINESS NEW BUSINESS BID AWARDS RESOLUTIONS Regular Assembly Meeting Volume XVIII August 4, 1994 Page 250 4 i A # 2 7 2. Resolution No. 94 -24 Authorizing the RESOLUTION Acquisition of Private Property by Easement NO. 94 -24 for Utility Purposes (Lot 1, Block 56, East Addition) (1819 Rezanof Drive). Presented for consideration was Resolution No. 94 -24 which, if adopted, authorized the Mayor to enter into an agreement to acquire an easement for a waste water line for the new hospital. GOULD, moved to adopt seconded by MILLIGAN Resolution No. 94 -24. Mayor Selby explained that the utility easement was needed to tie a waste water line from the new hospital facility into the public utility system. At Assemblymember Burt's query, Mayor Selby recounted the property owner's agreement. At questions raised by Deputy Presiding Officer Austerman, Mayor Selby said the current line was inadequate and drained into Potato Patch Lake. He clarified the need to control water runoff. VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: McFarland MOTION CARRIED Unanimous Hancock, Milligan, Monroe, Burt, Gould, Austerman 3. Resolution No. 94 -25 Authorizing the RESOLUTION Acquisition of Private Property by Easement NO. 94 -25 for Drainage Purposes (Lot 10, U.S. Survey 3464) (3746 Otmeloi Way). Presented for consideration was Resolution No. 94 -25 which, if adopted, authorized the mayor to enter into an agreement to acquire an easement for installation of a culvert for Northstar Elementary School. MONROE, moved to adopt seconded by MILLIGAN Resolution No. 94 -25. Mayor Selby said the easement was needed to install a culvert to drain water from the Northstar Elementary School site without impact to adjacent property. He noted the purchase price was $1,000. Regular Assembly Meeting Volume XVIII August 4, 1994 Page 251 VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED C. ORDINANCES FOR INTRODUCTION MONROE, seconded by MILLIGAN Milligan, Monroe, Burt, Gould, Hancock, Austerman None McFarland Unanimous 1. Ordinance No. 94 -16 Establishing Chiniak Service District to Provide Maintenance and Services for the Chiniak Tsunami Shelter- - Community Center -- Library Building. Presented in first reading was Ordinance,No. 94 -16 which, if adopted, would place on the October 4, 1994 municipal election ballot the question of establishing a service district to provide library services to Chiniak residents. moved to advance Ordinance No. 94 -16 to public hearing on August 18, 1994. Mayor Selby stated the ordinance set boundaries for the service district and placed the question on the ballot for voters to decide. Assemblymember Burt questioned what recourse was available to Mr. Stratman and Ms. Sargent. Mayor Selby stated it was a decision of the Assembly to place the question on the ballot. He encouraged the Assembly to advance the ordinance to public hearing so that comments from the community would be heard. He added that the boundary could be amended at public hearing. At questions raised by Assemblymember Gould, Mayor Selby explained that since signatures of 25 percent of the property owners by land mass was required. the petition was a show of support. When Assemblymember Milligan asked if the Local Boundary Commission was involved, Mayor Selby responded that it was strictly the formation of a service district within the Borough. ORDINANCES FOR INTRODUCTION ORDINANCE NO. 94 -16 Regular Assembly Meeting Volume XVIII August 4, 1994 Page 252 VOTE ON MOTION TO ADVANCE Ayes: Monroe, Burt, Gould, Hancock, Milligan, Austerman Noes: None Absent: McFarland MOTION CARRIED Unanimous 2. Ordinance No. 94 -10B Amending Ordinance ORDINANCE No. 94 -10 Fiscal Year 1995 Budget (Capital NO. 94 -10B Project Matching Grant Receipt). Presented in first reading was Ordinance No. 94 -108 which, if adopted, accepted State of Alaska grant funds of $213,361 for the Kodiak High School Classroom /Code Upgrade Project, Phase IV. This item was advanced to public hearing on August 18, 1994 under "Consent Agenda ". D. OTHER ITEMS OTHER ITEMS 1. Northstar Elementary School 95% Drawings. NORTHSTAR ELEMENTARY MONROE, moved to approve the SCHOOL 95% seconded by MILLIGAN Northstar Elementary DRAWINGS School 95% drawings. Mayor Selby reported that the Architectural Review Board (ARB) reviewed the 95% drawings and recommended approval. In response to recommendations of the ARB, he was unsure of the need for additional staff because the Peterson Elementary School remodel would be complete. Assemblymember Burt agreed with Planning and Zoning Commissioner Bonney's concern about putting a flat roof on the school because, even with a warranty, there were inherent problems. He was concerned with a hurried schedule because amending contracts was costly. nannty DraaiA4nn nt94 nar Anal-airman taaa Alan rnnrar because flat roofs in Kodiak had problems. VOTE ON MOTION TO APPROVE Ayes: Burt, Gould, Hancock, Milligan, Monroe, Austerman Regular Assembly Meeting Volume XVIII August 4, 1994 Page 253 Noes: Absent: MOTION CARRIED None McFarland Unanimous 2. Appointment to Airport Advisory Committee. APPOINTMENT TO AIRPORT ADVISORY GOULD, moved to appoint Joseph COMMITTEE seconded by MONROE Brodman to a two -year seat on the Airport Advisory Committee to expire December 31, 1995. Mayor Selby stated that Joseph Brodman, the sole applicant, was interviewed by the Assembly. There was no discussion by the Assembly. VOTE ON MOTION TO APPOINT Ayes: Noes: None Absent: McFarland MOTION CARRIED Unanimous 3. Request for Preliminary Approval of the PRELIMINARY Subdivision of Lot 2, U.S. Survey 3101, APPROVAL OF Creating Lots 2A, 2B, and 2C, U.S. Survey SUBDIVISION 3101, and the Vacation of a Portion of a Fifty (50) Foot Right -of -Way Easement for Roadway and Public Utilities. (3385 Spruce Cape Road) GOULD, seconded by MILLIGAN Gould, Hancock, Milligan, Monroe, Burt, Austerman moved to approve the Request for Preliminary Approval of the Subdivision of Lot 2, U.S. Survey 3101, Creating Lots 2A 2R and 2C, U.S. Survey 3101, and the Vacation of a Portion of a Fifty (50) Foot Right -of -Way Easement for Roadway and Public Utilities. (3385 Spruce Cape Road) Regular Assembly Meeting Volume XVIII August 4, 1994 Page 254 j 9- f 7 g Mayor Selby deferred to Linda Freed, Community Development Director, to answer questions. At questions raised by Assemblymember Burt, Director Freed explained that Lot 2C would not be divided again but code required removal of all buildings. She said a permit was issued to move the garage from Lot 2A to Lot 2B because it was in the right -of -way. She stated the owners requested some leeway for the shed to allow continued use and the Commission granted six months. VOTE ON MOTION TO APPROVE Ayes: Hancock, Milligan, Monroe, Burt, Gould, Austerman Noes: None Absent: McFarland MOTION CARRIED Unanimous 4. Contract No. 94 -21 Heating, Ventilation, CONTRACT Air Conditioning (HVAC) Supplier and NO. 94 -21 Installer in Kodiak Island Borough Owned Facilities. MILLIGAN, moved to approve seconded by MONROE Contract No. 94 -21 with Barber - Coleman Controls, Control Contractors of Anchorage. Mayor Selby reported that the request was to enter into negotiations for a sole- source contract. He said Main Elementary School and the old wing of Kodiak High School had HVAC systems that did not provide sufficient ventilation. He noted that the new system, standard in Borough facilities and proposed for Northstar Elementary School and the new hospital, was computerized to allow monitoring from the maintenance office for diagnosis and determination of parts needed for repair. He said Barber - Coleman Controls and Control Contractors was tha enle-ennrna nrnv4Aar At questions raised by Deputy Presiding Officer Austerman, Mayor Selby delineated that the approximate cost would be $250,000 for Main Elementary School and $125,000 for Kodiak High School. Regular Assembly Meeting Volume XVIII August 4, 1994 Page 255 Assemblymember Milligan felt it was an oxymoron to hire a company that knew they were a sole source contractor. Mayor Selby felt it was not unreasonable since only one company in Alaska was allowed to carry the product. He said the contract would not be awarded if a reasonable cost was not negotiated. Assemblymember Burt understood that a competitive bid was not sought because it was the only company in the area able to provide the product. Deputy Presiding Officer Austerman was philosophically opposed to sole source contracts. Assemblymember Hancock agreed with Deputy Presiding Officer Austerman's comment. She felt the new HVAC system extended a problem that should not have existed. She agreed the problem was a building with windows that did not open and correction was needed. When Assemblymember Gould clarified that the need was to eliminate modern problems that were created, Mayor Selby responded affirmatively and added that the old system components were burned -out and needed replacement. Assemblymember Hancock felt it was difficult with a sole- source contractor. Mayor Selby explained that window replacement, a large part of the expense, would not be a sole- source contract. VOTE ON MOTION TO APPROVE Ayes: Noes: MOTION CARRIED INFORMATIONAL MATERIALS (No action required) A. 9 MINUTES OF OTHER MEETINGS Milligan, Monroe, Burt, Gould, Hancock, Austerman 4 Ayes, 2 Noes 1. Personnel Advisory Board Meeting of June 22, 1994. 2. Airport Advisory Committee Meetings of May 11, 1992 and May 25, 1994. 3. Planning and Zoning Commission Meeting of June 15, 1994. INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS Regular Assembly Meeting Volume XVIII August 4, 1994 Page 256 1 1 9 4. KIBSD Regular Meeting of June 27, 1994 and Special Meeting of July 18, 1994. B. REPORTS REPORTS 1. Kodiak Island Borough July 1994 Financial Report. 2. Community Development Department June 1994 Status Report. C. OTHER None. CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Milligan referenced articles in Scientific American and Mother Jones magazines on paralytic shellfish poisoning and fish. Because of personal experience, he was impressed with the need for regulations to monitor boarding houses. He encouraged the public to come forward and speak to issues. He felt running for office was exciting and offered the best opportunity for people to affect the agenda and the legislative body. Assemblymember Monroe was pleased that Captain Aviles accepted the proclamation and that the Coast Guard and Kodiak community worked together. Assemblymember Burt notified everyone that there was time to register to vote in upcoming elections. Assemblymember Gould announced he would be out -of- town August 16 - 17 and asked to be excused. Assemblymember Hancock humorously reported that the bear population in Onion Bay was doing well. Deputy Presiding Officer Austerman announced that absentee voting for the primary election was available in the Borough Clerk's Office August 8 -22. Deputy Presiding Officer Austerman announced the Assembly would meet in a work session on Thursday, August 11 at 7:30 p.m. in the borough conference room and regular meeting on Thursday, August 18 at 7:30 p.m. in the assembly chambers. The joint assembly/ council work session scheduled for August 16 was cancelled due to a lack of quorum on the city council. Regular Assembly Meeting August 4, 1994 OTHER CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Volume XVIII Page 257 Deputy Presiding Officer Austerman was pleased about the $55 million for the NOAA facility. He noted that a good facility building would be beneficial to the community. BURT, moved to adjourn. seconded by GOULD VOTE ON MOTION TO ADJOURN MOTION CARRIED Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 8:53 p.m. ATTEST: ( V^"t% Borough Clerk Approved: 09/01/94 Regular Assembly Meeting August 4, 1994 A ^ S ADJOURNMENT Volume XVIII Page 258