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1994-09-20 Regular MeetingA rescheduled regular meeting of the Kodiak Island Borough Assembly was held September 20, 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 Pastor Riley Hunter of the Church of the Nazarene, followed by the Pledge of Allegiance. There were present: ROLL CALL Alan Austerman, Presiding John Burt Gordon Gould Suzanne Hancock Mike Milligan Mary Monroe (arrived at 7:37 p.m.) Absent: Jack McFarland comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC, Clerk Linda Freed, Community Development Department Director Karleton Short, Finance Department Director Steve Hobgood, Engineering /Facilities Department Director Judi Nielsen, Deputy Clerk MILLIGAN, seconded by BURT VOTE ON MOTION TO EXCUSE Regular Assembly Meeting September 20, 1994 KODIAK ISLAND BOROUGH Regular Assembly Meeting September 20, 1994 moved to excuse Assemblymember McFarland. Ayes: Burt, Gould, Hancock, Milligan, Austerman Noes: None Absent; McFarland, Monroe MOTION CARRIED Unanimous REGULAR MEETING Volume XIX Page 41 GOULD, seconded by BURT Clerk Smith read the "Consent Agenda ". GOULD, seconded by MILLIGAN VOTE ON MOTION TO AMEND Ayes: Noes: Absent: MOTION CARRIED APPROVAL OF AGENDA AND CONSENT AGENDA VOTE ON MOTION TO APPROVE AS AMENDED moved to approve the agenda and consent agenda. items for consideration under moved to amend the agenda by adding item 12.B.2 Resolution No. 94 -27 Requesting Municipal Assistance Funding from the State of Alaska and removing item 16. EXECUTIVE SESSION 1. Personnel Evaluation. Gould, Hancock, Milligan, Burt, Austerman None McFarland, Monroe Unanimous Ayes: Hancock, Milligan, Burt, Gould, Austerman Noes: None Absent: McFarland, Monroe MOTION CARRIED Unanimous APPROVAL OF MINUTES None. Assemblymember Monroe arrived at 7:37 p.m. AWARDS AND PRESENTATIONS Mayor Selby presented the Government Finance Officers Association Award of Financial Reporting Achievement for fiscal year 1994 to Karleton Short, Borough APPROVAL OF AGENDA AND CONSENT AGENL.. APPROVAL OF MINUTES AWARDS AND PRESENTATIONS FINANCE AWAR.L,_ -, Regular Assembly Meeting Volume XIX September 20, 1994 Page 42 Finance Director. Director Short thanked Borough staff, finance personnel and the auditors from Deloit and Touche. Mayor Selby proclaimed October 2 - 8, 1994 Mental Illness Awareness Week, urging enhanced public awareness of mental illness and to promote greater understanding for those who suffer the disabling symptoms of mental illness. Jeannie Peschier Nault, Kodiak Alliance for the Mentally I11 president, accepted the proclamation. 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 Assemblymember Burt reported that recent Planning and Zoning Commission meetings were cancelled. Assemblymember Milligan, Cook Inlet Regional Citizen's Advisory Council representative, announced the Council would meet September 24 at the Buskin River Inn. He encouraged the public to attend. 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. 94 -19 Rezoning Lot 28, U.S. Survey ORDINANCE 3098 from PL-- Public Use Land to B-- Business. NO. 94 -19 (2410 Mill Bay Road) Presented for consideration was Ordinance No. 94 -19 that, if adopted, rezoned City of Kodiak property to allow for the existing and continued variety of intensive business land uses envisioned by the adopted plan for the area. GOULD, moved to adopt seconded by MILLIGAN Ordinance No. 94 -19. Mayor Selby explained that the City of Kodiak requested the rezone to allow continued use of the property for the City's Public Works Department and Regular Assembly Meeting September 20, 1994 MENTAL ILLNESS AWARENESS WEEK Volume XIX Page 43 maintenance shop. At questions raised, he clarified that the rezone was within Comprehensive Plan guidelines. Deputy Presiding Officer Austerman 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: Noes: None Absent: McFarland MOTION CARRIED Unanimous B. Ordinance No. 94 -20 Rezoning Lots 6 through 9, ORDINANCE Block 14, U.S. Survey 4871, from R1-- Single NO. 94 -20 Family Residential to R2 - -Two Family Residential (City of Ouzinkie) Presented for consideration was Ordinance No. 94 -20 that, if adopted, rezoned City of Ouzinkie property to provide for the construction of duplex residential units. MONROE, moved to adopt seconded by MILLIGAN Ordinance No. 94 -20. Mayor Selby said the City of Ouzinkie requested the rezone to allow development of additional housing units. At questions raised, he reported that public hearing notices were mailed to property owners within 300 feet of the property. Deputy Presiding Officer Austerman 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, Monroe, Burt, Gould, Hancock, Austerman Noes: None Regular Assembly Meeting September 20, 1994 Hancock, Milligan, Monroe, Burt, Gould, Austerman Volume XIX Page 44 Regular Assembly Meeting September 20, 1994 Absent: McFarland MOTION CARRIED Unanimous MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported that FITC /NOAA representatives were preparing an informational brochure to aid in completing funding for the new facility. He said the building had an estimated cost of $30 million and construction was anticipated to be completed within three years. He reported that the University of Alaska Board of Regents intended to award the architectural contract at their December meeting. He anticipated adequate funds to complete the design work and construction and outlined funding in that $500,000 was previously appropriated by Congress, $3 million was appropriated by the State of Alaska from the Exxon Valdez criminal settlement and additional funds were anticipated from the federal budget. At questions raised by Assemblymember Austerman, Mayor Selby stated the new building would be located to the east of the current building. He was pleased with the outcome of the Exxon Valdez federal trial and the punitive damages awarded. He said the State trial verdict was pending and directly involved the Borough. He commended Pat Carlson, Borough Assessor, for an outstanding job of submitting critical information on the value of property damage. He applauded the Monashka Bay Road Service District Board for their newsletter. He felt the newsletter was beneficial to all residents in the district. He suggested other service districts follow suit as it was an excellent way of informing residents. He referred to a memo from Steve Hobgood, Engineering and Facilities Department Director, regarding the Northstar Elementary School site project. He outlined the needed change order to the design contract of $12,000 and the construction contract of $70,000 to reduce driveway access grades at the school site. He referred to a displayed example of grade allowances that showed the actual grade of the driveway into the school. He said the driveway was intended to be a one -way drive for parents, with school buses using the second driveway. He said the intent was to lower the grade from 12 percent to 7.7 percent and progress into a 3.8 percent grade. He said the Mallard Way access would be at 6 percent and graduate down to 3 percent. MESSAGES FROM MAYOR Volume XIX Page 45 Assemblymember Milligan was concerned because he felt the driveway had a radical turn that was difficult for buses to maneuver. He felt the Otmeloi Way access was better. At questions raised by Assemblymember Burt, Mayor Selby stated that funds allocated to the school would cover the additional cost of the change orders. At Assemblymember Gould's inquiry, Mayor Selby clarified the requested amendment to the contract. Assemblymember Gould did not approve of off - the -table motions but felt it was important to support Mayor Selby's recommendations. At Assemblymember Burt's inquiry, Mayor Selby stated the Architectural Review Board had not reviewed the documents. Assemblymember Milligan felt that, from aft economic standpoint, the request was timely because work was being done now. GOULD, moved to concur with NORTHSTAR seconded by MONROE a change order to the ELEMENTARY design contract by SCHOOL adding $12,000 and the construction contract by adding $70,000 to reduce driveway access grades at the Northstar Elementary School site. Assemblymember Burt was concerned that a finished product would be provided within bond funds. At his question, Mayor Selby stated an additional $100- 150,000 was needed to equip the building with furniture and fixtures. Deputy Presiding Officer Austerman was pleased that the grade would be reduced and appreciated Mayor Selby's timeliness. VOTE ON MOTION TO CONCUR Ayes: Noes: Absent: Regular Assembly Meeting September 20, 1994 9 1 0 Monroe, Burt, Gould, Hancock, Milligan, Austerman None McFarland Volume XIX Page 46 MOTION CARRIED Unanimous GOULD, seconded by MILLIGAN Regular Assembly Meeting September 20, 1994 Assemblymember Milligan understood the University of Alaska was facing severe cutbacks and wondered if funds to the FITC would be cut. Mayor Selby felt the worse case would be downsizing the facility because lab space was needed by NOAA. He said Alaska was in trouble if research on maintaining a productive fish resource was not preserved. He said Carol Hagel, Kodiak College director, was not concerned about the cutbacks. Mayor Selby felt it was important to be prepared and for the community to support the FITC. Assemblymember Gould asked for a status report on the Anton Larsen Bay dock. Mayor Selby explained that during the process of preparation to repair the dock, it was discovered that the Corps of Engineers permit and the Alaska tidelines lease were not issued. He said he was surprised because the dock was part of the Terror Lake project. He stated it was not difficult to obtain the permits but getting through the back -log would take time. He anticipated construction to take place in spring 1995. At questions raised by Assemblymember Burt, Mayor Selby stated a temporary fix of the dock was not feasible because there was a chance of violating federal law. He said the only time the dock was not usable was during high tide. When Assemblymember Monroe reported that vehicles were vandalized on the road and rolled into the water, Mayor Selby stated the dock was originally damaged by vandals shooting out the support tanks. Assemblymember Hancock suggested working with the City and State to monitor the area. OLD BUSINESS None. NEW BUSINESS A. BID AWARDS 1. ..V11t4.a'.t 1\V. 74 - 20 JS2 nas IVL D1:11%RJ1 Furnace Upgrade. moved to award Contract No. 94 -28 to L.G. Schneider & Sons, Inc. of Kodiak in an amount not to exceed $29,745. OLD BUSINESS NEW BUSINESS BID AWARDS CONTRACT NO. 94 -28 Volume XIX Page 47 Mayor Selby reported that furnaces in the Old Harbor School were non - functional and replacement was needed prior to inclement weather. He added that funding was from the capital projects fund, which was funded by interest earnings on the major maintenance fund. At Assemblymember Burt's inquiry, Mayor Selby stated the contract was for complete replacement of the furnaces. He added that there was no indication of asbestos; but, if asbestos was found, it would be removed. VOTE ON MOTION TO AWARD Ayes: Burt, Gould, Hancock, Milligan, Monroe, Austerman Noes: None Absent: McFarland MOTION CARRIED Unanimous 2. Contract No. 94 -29 Northstar Elementary School, Phase II, Building Construction. GOULD, seconded by MILLIGAN moved to award Contract No. 94 -29 to Brechan Enterprises, Inc. of Kodiak in an amount not to exceed $5,869,624. Mayor Selby said six bids were received, and Brechan Enterprises, Inc. was the low bidder. He said the contract covered all three additive alternatives including a full -size gymnasium, art /music room, occupational /physical therapy room, an 800 square foot bus loading canopy, paving, curbs, gutters and painting. Assemblymember Burt was pleased that the low bidder was a local contractor. At his query, Mayor Selby stated the contract had a punitive penalty clause and damages could be sought if completions was not timely. He noted that the completion date was extended by three months. Deputy Presiding Officer Austerman reiterated his opposition to the school site. Regular Assembly Meeting September 20, 1994 CONTRACT NO. 94 -29 Volume XIX Page 48 i VOTE ON MOTION TO AWARD Ayes: Gould, Hancock, Milligan, Monroe, Burt, Noes: Austerman Absent: McFarland MOTION CARRIED 5 Ayes, 1 No B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 94 -26 Compensating the RESOLUTION Chairman of a Service Area Board of NO. 94 -26 Supervisors. Presented for consideration was Resolution No. 94 -26 that, if adopted, authorized payment of a stipend on a quarterly basis from service district funds to service district chairmen. GOULD, moved to adopt seconded by MILLIGAN Resolution No. 94 -26. Mayor Selby said the resolution authorizing compensation to the chairman of a service district applied to all service districts. He clarified that Service District No. 1 budgeted $2,400. At questions raised by Assemblymember Milligan, Mayor Selby stated that Section 3, allowing any amount owing to the Borough by the chairman to be off -set against the stipend at the discretion of the finance director, was recommended by the Borough attorney. Deputy Presiding Officer Austerman considered the legal ramifications. Mayor Selby stated that funds would be applied only to tax bills that were not contested. He said it was similar to a garnishment of wages in that the chairman would not receive funds but would receive income reporting form 1099. Assemblymember Gould felt that demonstrating financial responsibility should be a prerequisite to holding public office. BURT, moved to amend seconded by MILLIGAN Resolution No. 94 -26 by removing Section 3. At further questions, Mayor Selby stated garnisheed wages would be applied to penalties and interest first and remainder applied to the oldest debt. Regular Assembly Meeting September 20, 1994 Volume XIX Page 49 VOTE ON MOTION TO AMEND A 4 Assemblymember Burt felt individuals had the right to control funds without government interference. Assemblymember Gould felt it was a mechanism to allow a person to work off a Borough debt. Ayes: Milligan, Burt, Austerman Noes: Hancock, Monroe, Gould Absent: McFarland MOTION FAILED 3 Ayes, 3 Noes VOTE ON MOTION TO ADOPT Ayes: Milligan, Monroe, Gould, Hancock Austerman Noes: Burt Absent: McFarland MOTION CARRIED 5 Ayes, 1 No 2. Resolution No. 94 -27 Requesting Municipal RESOLUTION Assistance Funding from the State of NO. 94 -27 Alaska. Presented for consideration was Resolution No. 94 -27 that, if adopted, requested distribution from the municipal assistance fund by the Department of Community and Regional Affairs. MILLIGAN, moved to adopt seconded by MONROE Resolution No. 94 -27. Mayor Selby said the resolution was required by the State to distribute municipal assistance funds of approximately $400,000 to the Borough. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Monroe, Burt, Gould, Hancock, Milligan, Austerman Noes: None Regular Assembly Meeting September 20, 1994 Volume XIX Page 50 9 Absent: McFarland MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 94 -21 Amending Kodiak Island Borough Code of Ordinances Chapter 6.04 Animal Control. Presented for consideration was Ordinance No. 94 -21 that, if adopted, amended KIBC 6.04 to address feral animal control. This item was advanced to public hearing on October 6, 1994 under "Consent Agenda ". 2. Ordinance No. 94 -10D Amending Ordinance No. 94 -10 Fiscal Year 1995 Budget. (Authorizing a Transfer of Funds to Smokey's Cleanup, Project #3) Presented for consideration was Ordinance No. 94 -10D that, if adopted, transferred $120,000 from the Land Sale Fund to the Smokey's Cleanup Project for final cleanup. MILLIGAN, seconded by MONROE Regular Assembly Meeting September 20, 1994 moved to advance Ordinance No. 94 -10D to public hearing on October 6, 1994. Mayor Selby reported that clean up of the property was near completion with approximately 2,000 tons of debris left to be removed. He said no hazardous material was found in the waste oil that would be burned at the landfill. He said the Department of Environmental Conservation would conduct bore testing. He added that a contract would be before the Assembly next spring for leveling, planting grass and preparing the ball fields. At questions raised by Deputy Presiding Officer Austerman, Mayor Selby stated removal of the debris was in the existing contract but removal of waste oil and any added work would be through the bid process. Assemblymember Milligan was pleased that waste oil would be burned at the landfill. At his question, Mayor Selby stated that Don Alexander, Borough environmental engineer, was qualified to test the waste oil for hazardous materials. ORDINANCES FOR INTRODUCTION ORDINANCE NO. 94 -21 ORDINANCE NO. 94 -10D Volume XIX Page 51 Assemblymember Milligan felt it was an excellent location for a ball field but relayed parent's concerns about contamination. Mayor Selby explained that the Department of Environmental Conservation would control wells for water runoff testing. He said an impermeable layer of clay would be placed on the surface as well as rocks, top soil and grass, and the surface sloped for proper water run off. At questions raised by Assemblymember Burt, Mayor Selby explained that only Lot 2 remained in Borough ownership and was approximately 10 -12 acres. He said there was no intent to build a school facility on the site in the future. Mayor Selby agreed with the possibility of the City Parks and Recreation Department managing the ball field. Deputy Presiding Officer Austerman felt it was important to be knowledgeable on environmental regulations to protect the Borough. VOTE ON MOTION TO ADVANCE Ayes: MILLIGAN, seconded by MONROE Regular Assembly Meeting September 20, 1994 Burt, Gould, Hancock, Milligan, Monroe, Austerman Noes: None Absent: McFarland MOTION CARRIED Unanimous D. OTHER ITEMS OTHER ITEMS 1. Appointment of Election Workers for 1994 APPOINTMENT OF Municipal Election. ELECTION WORKERS moved to appoint election workers for the 1994 municipal election. Assemblymember Gould was amazed at the number of people willing to work on the election but the limited number of people running for service district boards and voting. Deputy Presiding Officer Austerman appreciated those who served as election workers. Assemblymember Monroe remembered when official polling places were in homes. She commended staff for contacting people and running a smooth election. Volume XIX Page 52 VOTE ON MOTION TO APPOINT Ayes: A Noes: None Absent: McFarland MOTION CARRIED Unanimous 7 Gould, Hancock, Milligan, Monroe, Burt, Austerman INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Mental Health Center Advisory Board Meeting of June 27, 1994. B. REPORTS None. C. OTHER None. CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Milligan encouraged people to vote and to be involved in municipal and state elections. He said Alaska was a small State and the potential to meet gubernatorial and congressional candidates was high. He served with out -going City Councilmember Dave Woodruff on the Cook Inlet Regional Citizen's Advisory Council. He felt Mr. Woodruff brought a certain attitude to a political body and had a sincere feeling of how regulations affect common people. He said Alice Knowles served several years on the School Board and wondered if school children realized that school Board members focused attention to their needs. He said Mr. Woodruff and Ms. Knowles left an impact on local government and appreciated their commitment to the community. Assemblymember Burt hoped for a higher percentage of voters at the October 4 election. REPORTS OTHER CITIZENS' COMMENTS Regular Assembly_ Meeting Volume XIX September 20, 1994 Page 53 ATTEST: (12.4) 2 na Approved: 11/03/94 1 Regular Assembly Meeting September 20, 1994 A 9 Assemblymember Hancock attended Southwest Alaska Municipal Conference meetings in King Salmon with Mayor Selby and Assemblymembers McFarland, Milligan, and Monroe. She said the meetings were comprised of important federal and state issues including tourism, transportation, and fisheries. She announced that Kodiak received the Commit to Conserve Award. Deputy Presiding Officer Austerman thanked Assemblymember Hancock. He felt it was important to report to the community when the Assembly traveled on taxpayer funds. Deputy Presiding Officer Austerman announced the Assembly would meet in a work session on Thursday, September 29 at 7:30 p.m. in the borough conference room and a regular meeting on October 6 at 7:30 p.m. in the assembly chambers. He announced that absentee ballots for the municipal election were available in the clerks office 8:00 a.m. to 5:00 p.m. through October 3, 1994. He announced the municipal election on October 4, 1994 and encouraged everyone to vote. GOULD, moved to adjourn. ADJOURNMENT seconded by BURT VOTE ON MOTION TO ADJOURN MOTION CARRIED Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 9:07 p.m. Presidia Officer Volume XIX Par 54