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1995-05-18 Regular MeetingKODIAE ISLAND BOROUGH Regular Assembly Meeting May 18, 1995 A regular meeting of the Kodiak Island Borough Assembly was held May 18, 1995 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 Father Paul Smith of St. James the Fisherman Episcopal Church, followed by the Pledge of Allegiance. There were present: Mary Monroe, Presiding John Burt Robin Heinrichs Mike Milligan Suzanne Hancock Jack McFarland absent: Gary Stevens comprising a quorum of the Assembly; and Jerome Selby, Mayor Judi Nielsen, Deputy Clerk Jeri Jensen, Secretary Steve Hobgood, Engineering /Facilities Director Karleton Short, Finance Director Assemblymember Stevens was out on vacation and to be excused. HEINRICHS, seconded by MILLIGAN VOTE ON MOTION TO EXCUSE MOTION CARRIED APPROVAL OP AGENDA HEINRICHS, seconded by MILLIGAN VOTE ON MOTION TO APPROVE MOTION CARRIED Regular Assembly Meeting May 18, 1995 moved to excuse Assemblymember Stevens. Unanimous voice vote moved to approve the agenda. Unanimous voice vote asked REGULAR MEETING ROLL CALL APPROVAL OF AGENDA Volume XX Page 47 APPROVAL OF APPROVAL OF MINUTES MINUTES A. K.I.B. Assembly Meeting of May 4, 1995. McFARLAND, moved to approve the seconded by MILLIGAN minutes of May 4, 1995 VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote AWARDS AND AWARDS AND PRESENTATIONS PRESENTATIONS A. Student of the Month STUDENT OF THE MONTH Mayor Jerome Selby presented the Student of the Month Award to Lydia Stoltenberg, a senior at Kodiak High School. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing None. B. Items Other Than Those Appearing on the Agenda pan nag distributed a report titled How to Avoid Conflict between Users of Fishery Resources on Kodiak Island . He said the report was submitted to the State of Alaska, Department of Commerce and Economic Development, as the result of a fisheries conference held in Kodiak, April 1 -2. He noted that he and Lacey Burns facilitated the meeting that was well - attended. He said the need was for Kodiak to take control of fisheries issues. He announced that the newly - formed Kodiak Fishery Round Table would work on a plan for Kodiak's fishery resources. He said a mission statement was adopted and another meeting was planned in October. He appreciated the Assembly for their support and for sponsoring the conference. COMMITTEE REPORTS Jerrol Friend, Planning and Zoning Commissioner, reported that the Commission reviewed plans for the recreational area at Smokey's Dump and felt the ballfields would help to meet the community's demand for such facilities. He asked the Assembly to support Resolution 95 -04. In response to questions from the Assembly, he said the Commission was reviewing the Island Lake Trail extension but would hold off on the recreation area at the end of the Regular Assembly Meeting May 18, 1995 CITIZENS' COMMENTS COMMITTEE REPORTS Volume XX Page 48 road until the issue of Termination Point was resolved. He noted the Commission would meet less during the summer because staff was currently overloaded with projects. 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. 95 -04 Rezoning Lots 2 and 3 (Proposed Lot 2A), Lakeside Subdivision, 2nd NO. I 95 -04 Addition From I -- Industrial and RR1- -Rural Residential One 12 PL -- Public Use Lands. Presented for consideration was Ordinance No. 95 -04 that, if adopted, rezoned property to allow the Kodiak Island Borough to accomplish the goal of developing a ballfield complex. HEINRICHS, moved to adopt seconded by McFARLAND Ordinance No. 95 -04. Mayor Selby explained the process of converting the dump site to a community recreational area. Presiding Officer Monroe called for public testimony. Kathy Colwell, Horseshoe Lake Community Association president, appreciated the Assembly for making resources available for community use. She felt the proposed recreational area would be a bright spot in the neighborhood. Anita Sholl reported that Kodiak Little League had 400 participants comprised of 33 teams and 7 leagues. She supported Ordinance No. 95 -04 saying additional fields were needed because teams competed for use of the existing five fields. Presiding Officer Monroe closed the public hearing and reconvened the regular meeting. At questions raised by Presiding Officer Monroe, Mayor Selby said the Assembly had the authority to name the facility that was currently referred to as the Kodiak Island Borough Recreational Complex. He added that clean -up of the area met Department of Environmental Conservation requirements. He said there would be wells for sampling water to ensure that contaminants were not present and that all procedures required to close out an old dump site were in place to assure that the area would be safe Regular Assembly Meeting May 18, 1995 Volume XX Page 49 for public use. He anticipated the Parks and Recreation Committee would review connecting the area with the abutting Island Lake Park. VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: Stevens MOTION CARRIED Unanimous Burt, Hancock, Heinrichs, McFarland, Milligan, Monroe B. Ordinance No. 94 -10H Amending Ordinance No. 94- ORDINANCE 10 Fiscal Year 1995 Budget Day Care Assistance NO. 94 -10H Grant. Presented for consideration was Ordinance No. 95 -04 that, if adopted, amended the fiscal year 1995 budget by increasing the Day Care Assistance Block Grant Subsidy Grant by $11,000 and Administrative Subsidy by $1,044 and increasing the expenditure line items accordingly in the Block Grant Program by $12,044. McFARLAND, moved to adopt seconded by MILLIGAN Ordinance No. 94 -10H. Mayor Selby said the housekeeping item increased the funds available for child care assistance. Presiding Officer Monroe called for public testimony; hearing and seeing none, she reconvened the regular meeting. VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: Stevens MOTION CARRIED Unanimous Hancock, Heinrichs, McFarland, Milligan, Burt, Monroe MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby said he received a letter from the U.S. Coast Guard that encouraged moving ahead with the lease for a new airfield. He said a thirty -year Regular Assembly Meeting May 18, 1995 Volume XX Page 50 license was preferable to a five -year lease because those who would build structures around the airport were accommodated. He announced National Medical Services Week and noted that the City of Port Lions sent a certificate of appreciation to the Borough for support through the donation of a used ambulance. He briefly summarized legislative activities that would impact Kodiak in that municipal assistance and revenue sharing was cut seven percent, education funding increased $18 million statewide and the $61,000 instructional unit was maintained. He added that the senior citizen property tax exemption was continued and the school debt service fully funded. He said Kodiak would receive $223,000 for cleaning -up Smokey's Dump and the City would receive $2.3 million for the water and sewer upgrade. He noted that the Department of Fish and Game funding - was restored with additional funds added for a Bering Sea crab study. He reported that Exxon Valdez criminal settlement monies were approved for several local recreational areas, including: $105,000 for the Island Lake trail system; $208,000 for Near Island Park; $75,000 for Ouzinkie parks; and $250,00 for a park in Port Lions. He commended Linda Freed, Community Development Department Director, the Parks and Recreation Committee, Ian Fulp, and the State Parks personnel who worked diligently to ensure that Kodiak received the funds. He continued to work with the University of Alaska for construction of the Fisheries Industrial Technology Center /National Oceanic and Atmospheric Administration (FITC /NOAA) facility on Near Island. He said the University was concerned with long -term funding for maintenance. He said the University president expressed interest in seeing the project completed. Mayor Selby asked the Assembly to consider an education endowment for a position at the FITC. He noted the three educational efforts in the community as the school district, Kodiak College and the FITC. OLD BUSINESS OLD BUSINESS A. Resolution No. 95 -21 Commenting on the Prince RESOLUTION William Sound Oil Discharge Prevention and NO. 95 -21 Contingency Plans for the Trans Alaska Pipeline System (TAPS) Tanker Trade. Regular Assembly Meeting May 18, 1995 Volume XX Page 51 Presented for consideration was Resolution No. 95 -21 that, if adopted, directed staff to submit detailed comments on the proposed Prince William Sound Oil Prevention and Contingency Plans (C- plans) for the TAPS tanker trade to the Alaska Department of Environmental Conservation. The motion to adopt Resolution No. 95 -21 was before the Assembly. HEINRICHS, seconded by MILLIGAN VOTE ON MOTION TO AMEND Ayes: Noes: Absent: MOTION CARRIED Mayor Selby said Director Freed would gladly donate the many volumes of information on tanker contingency plans to someone's library. He noted that the Regional Citizen's Advisory Council outlined six areas that needed continued review. Assemblymember McFarland commended Director Freed for facilitating the information. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: Absent: MOTION CARRIED moved to amend Resolution No. 95 -21 by substitution. Heinrichs, McFarland, Milligan, Burt, Hancock, Monroe None Stevens Unanimous McFarland, Milligan, Burt, Hancock, Heinrichs, Monroe None Stevens Unanimous B. Appointment to Kodiak Island Hospital and Health Facility Advisory Board. McFARLAND, seconded by HEINRICHS Regular Assembly Meeting May 18, 1995 moved to appoint Russell Grimm to a seat on the Hospital and Health Facility APPOINTMENT OF KIB HOSPITAL AND HEALTH FACILITY ADVISORY BOARD Volume XX Page 52 Advisory Board for a term to expire December, 1996. There was no discussion by the Assembly. VOTE ON MOTION TO APPOINT Ayes: McFarland, Milligan, Burt, Hancock, Heinrichs, Monroe Noes: None Absent: Stevens MOTION CARRIED Unanimous NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS 1. Contract No. 95 -14 Anton Larsen Bay Dock CONTRACT Ramp, Abutment, and Connecting Hardware. NO. 95 -14 MILLIGAN, moved to approve seconded by McFARLAND Contract No. 95 -14 in an amount not to exceed $10,900. Mayor Selby related that the necessary equipment to repair the Anton Larsen dock was in Kodiak and available at a reduced cost over new. In response to Assembly questions, he reported that the Corp permit was in hand and the State was processing their permit. He said the pile driving barges had a busy schedule this summer; however, he felt the project could be accommodated. Assemblymember Burt wanted assurance that the sole source contract would be awarded to a local company. VOTE ON MOTION TO APPROVE Ayes: Milligan, Burt, Hancock, Heinrichs, McFARLAND, Monroe Noes: None Absent: Stevens MOTION CARRIED Unanimous Regular Assembly Meeting May 18, 1995 Volume XX Page 53 2. Contract No. 95 -15 Kodiak Island Hospital & CONTRACT Care Center Construction Management NO. 95 -15 Service. McFARLAND, seconded by MILLIGAN moved to award Contract No. 95 -15 to McCarthy/ SDL Corp. of Bellevue, Washington in an amount not to exceed $14,500,000. Mayor Selby remarked that contract negotiations with McCarthy /SDL resulted in a guaranteed price for construction of the expanded hospital facility. He acknowledged that company representatives were present at the meeting. Presiding Officer Monroe was excited to see the project become reality. Assemblymember Milligan was of the opinion that although the Assembly initially selected another company, McCarthy /SDL was not "second choice ". He said It had been a difficult decision to make. At questions raised by Assemblymember Burt, Mayor Selby said funds would not be received from the State. He clarified that the $14.5 million would include phases 2, 3, and 4. He outlined that $9.1 million was from bond proceeds, $1 million was from interest earnings and $2.8 million from the major maintenance fund. He said he did not intend to go out for more bonded funds. Assemblymember McFarland expressed his hope that the hospital would become the number one item on joint Borough /City Capital Improvement Project list next year. He felt the Borough and City had lobbied hard for water and sewer funds. Assemblymember Burt felt that it would be unfair not to not allow residents to vote on whether the hospital should be completed without State funds. Assemblymember Hancock remarked that she had some general budget concerns and she felt it premature to remove $2.8 million from maintenance funds before the sale of Shuyak Island was finalized and the money in the bank. She was of the opinion that it was not financially prudent to spend one pot of money while hoping for another. She preferred phasing construction as previously planned. Regular Assembly Meeting May 18, 1995 Volume XX Page 54 In response to Assemblymember Heinrichs' inquiry, Mayor Selby said the six percent contingency was standard for Borough construction projects. He said very little of the contingency was spent on the site work although there were change orders. Assemblymember Burt asked that the record reflect his protest of the use of the funds. VOTE ON MOTION TO AWARD Ayes: Hancock, Heinrichs, McFarland, Milligan, Monroe Noes: Burt Absent: Stevens MOTION CARRIED 5 Ayes, 1 No 3. Contract No. 95 -16 Kodiak High School Phase CONTRACT IV -B Alterations Construction Services. NO. 95 -16 McFARLAND, moved to award Contract seconded by MILLIGAN No. 95 -16 to Jay -Brant General Contractors of Homer, Alaska in an amount not to exceed $1,306,510. Mayor Selby reported that six bids were received and three were within $30,000. He noted it was a very competitive process. He said funds were available and the plans were nearly complete. Assemblymember McFarland recalled that $1.2 million was budgeted and asked where additional funds would come from. Mayor Selby said remaining funds would come from the major maintenance fund and interest earnings. For the public's benefit, Assemblymember McFarland read the description of the work to be performed. He noted that completion of this phase of construction created 18 additional 18 classrooms. Mayor Selby added that the facility would meet current health, safety and fire guidelines. VOTE ON MOTION TO AWARD Ayes: Regular Assembly Meeting May 18, 1995 Hancock, Heinrichs, McFarland, Milligan, Burt, Monroe Volume XX Page 55 Noes: None Absent: Stevens MOTION CARRIED Unanimous 4. Contract No. 95 -17 Kodiak Island Borough CONTRACT Landfill Design and Engineering Services. NO. 95 -17 McFARLAND, seconded by MILLIGAN Mayor Selby said the contract would result in a plan for the landfill that would maximize its use and extend its use for 50 to 80 years. He said the contract would run three to four years and would address the leaching of contaminates, future expansion, and close -out of the facility. VOTE ON MOTION TO AWARD Ayes: Regular Assembly Meeting May 18, 1995 moved to award Contract No. 95 -17 to CH2MHi11 in an amount not to exceed $260,500. Heinrichs, McFarland, Milligan, Burt, Hancock, Monroe Noes: None Absent: Stevens MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 95 -07 Establishing Fees of RESOLUTION the Kodiak Island Borough for Fiscal Year NO. 95 -07 1996. Presented for consideration was Resolution No. 95 -07 that, if adopted, established fees of the Kodiak Island Borough. MILLIGAN, moved to adopt seconded by McFARLAND Resolution No. 95 -07. Mayor Selby said this was an annual process, noting that Mental Health Center fees from previous years was revised and the document in effect was a new document. He added that the sliding fee scale was retained for clients based on annual income and family size. He said a new fee was established that allowed computer access to certain Borough data. Volume XX Page 56 McFARLAND, moved to amend seconded by MILLIGAN Resolution No. 95 -07 by adding after the words: "ACCOUNTING SERVICE FEES" in parenthesis the words: "Capital projects and Enterprise funds excluding the hospital ". Assemblymember McFarland appreciated that staff developed a way to measure Borough services and establish user fees. At questions raised by Assemblymember Burt, Mayor Selby clarified that service districts were exempt from the fee. VOTE ON MOTION TO AMEND Ayes: McFarland, Milligan, Burt, Hancock, Heinrichs, Monroe Noes: None Absent: Stevens MOTION CARRIED Unanimous Assemblymember Burt felt higher fees punished residents who wanted to develop property. He expressed his opinion that government should receive revenues after property was developed and occupied. He is displeased at raising development fees. He thought the Borough should make property ownership feasible and put the land in the hands of the people. He wanted the issue discussed at a worksession. Presiding Officer Monroe concurred with Assemblymember Burt. Assemblymember Heinrichs was concerned that wording allowed building permit fees to float based on a bi- monthly publication. HEINRICHS, seconded by McFARLAND Regular Assembly Meeting May 18, 1995 moved to amend Resolution No. 95 -07 on page 8 of 13, Building Permit Fees, Other Inspection Fees, Item I by adding after the word: "published" the words: ", and in effect Volume XX Page 57 VOTE ON MOTION TO AMEND Ayes: Ayes: as of February 1, 1995," and removing the word: "bimonthly ". Assemblymember Heinrichs felt the need to adopt a set of values instead of basing fees on a bi- monthly publication. Mayor Selby felt the amendment addressed the concern. Assemblymember Heinrichs added that he felt building fees for Borough residents and City residents should be comparable. When Assemblymember McFarland questioned the use of a national publication to determine fees, Mayor Selby said it would take several months to establish a Kodiak database. Milligan, Hancock, Heinrichs, McFarland, Monroe Noes: Burt Absent: Stevens MOTION CARRIED 5 Ayes, 1 No VOTE ON MOTION TO ADOPT AS AMENDED Hancock, Heinrichs, McFarland, Milligan, Monroe Noes: Burt Absent: Stevens MOTION CARRIED 5 Ayes, 1 No 2. Resolution No. 95 -24 Urging Congress to RESOLUTION Exclude the State of Alaska from the No Net NO. 95 -24 Loss Wetlands Policy. Presented for consideration was Resolution No. 95 -24 that, if adopted, requested the United States Congress to exclude the State of Alaska from a "no- net loss" policy associated with the federal Clean Water Act and to amend the federal Clean Water Act to modify the wetlands regulatory program to provide flexibility in Alaska wetlands permitting, Regular Assembly Meeting May 18, 1995 Volume XX Page 58 commensurate with the large amount of wetlands set aside in Alaska and the low historic rate of wetlands loss in Alaska, and to relax the restriction on the use of wetlands in Alaska. McFARLAND, moved to adopt seconded by BURT Resolution No. 95 -24. Mayor Selby gave a brief history and noted that the Alaska Congressional delegation requested the resolution. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED VOTE ON MOTION TO ADOPT Ayes: Regular Assembly Meeting May 18, 1995 Hancock, Heinrichs, McFarland, Milligan, Burt, Monroe None Stevens Unanimous 3. Resolution No. 95 -25 Supporting the RESOLUTION Recertification of the Prince William Sound NO. 95 -25 Regional Citizens Advisory Council. Presented for consideration was Resolution No. 95 -25 that, if adopted, urged the U.S. Coast Guard to recertify the Prince William Sound Regional Citizens Advisory Council to allow the continued outstanding development of plans and capability to prevent and be prepared to clean up future spills. McFARLAND, moved to adopt seconded by MILLIGAN Resolution No. 95 -25. Mayor Selby said the resolution was required annually for the Council to retain Coast Guard certification. Noes: None Absent: Stevens MOTION CARRIED Unanimous Heinrichs, McFarland, Milligan, Burt, Hancock, Monroe Volume XX Page 59 After a five minute recess at 9:06 p.m., Presiding Officer Monroe reconvened the regular meeting. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 95 -10 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal Year Commencing on the First Day of July 1995 and Ending on the Thirtieth Day of June 1996. (Fiscal Year 1996 Budget) MILLIGAN, seconded by McFARLAND Mayor Selby narrated the Fiscal Year 1996 Budget with a computerized slide presentation. He said the overall budget was $82,665,009. After the slide presentation he answered questions regarding the fiscal years 1994 and fiscal year 1995 fund balance and the projected fiscal year 1996 fund balance. He reasoned that placing Alyeska settlement funds of $800,000 in the general fund would replace Raw Fish Tax funds. Assemblymember Burt was concerned that spending the settlement funds would increased the cost of government. Assemblymember McFarland felt it was important to install a tsunami siren in Pasagshak. McFARLAND, seconded by HEINRICHS Assemblymember McFarland said the $15,000 would fund a tsunami siren in Pasagshak. Mayor Selby clarified that the Borough received a state grant of $223,837 for completion of the clean- up of Smokey's Dump. VOTE ON MOTION TO AMEND Regular Assembly Meeting May 18, 1995 moved to advance Ordinance No. 95 -10 to public hearing on June 1, 1995. moved to amend Ordinance No. 95 -10 by adding $15,000 to line item D.1 and $223,837 to line item D.4. ORDINANCES FO.. INTRODUCTION ORDINANCE NO. 95 -10 Volume XX Page 60 Ayes: Noes: Absent: MOTION CARRIED VOTE ON MOTION TO ADVANCE Ayes: Noes: Absent: MOTION CARRIED OTHER ITEMS VOTE ON MOTION TO APPROVE Regular Assembly Meeting May 18, 1995 McFarland, Milligan, Burt, Hancock, Heinrichs, Monroe None Stevens Unanimous Milligan, Burt, Hancock, Heinrichs, McFarland, Monroe None Stevens Unanimous Mayor Selby appreciated the Assembly's action and thanked Director Short and Sharon Blakeslee, Data Processing Department programmer for their work on the slide presentation. Assemblymember Heinrichs requested that the Assembly received a copy of the slide presentation. 1. Participation With Kodiak Electric Association in a Joint Feasibility Study of Burning Solid Waste for Electrical Generation. MILLIGAN, moved to approve seconded by McFARLAND participation with the Kodiak Electric Association for a joint feasibility study of burning solid waste for electrical generation. Mayor Selby said a good portion of what went into the landfill could be burned, including aluminum cans. He added that burning those items would extend the life of the landfill and produce low -cost electrical power. He noted that this was a feasibility study. OTHER ITEMS JOINT FEASIBILITY STUDY OF BURNING SOLID WASTE FOR ELECTRICAL GENERATION Volume XX Page 61 1 Ayes: Noes: None Absent: Stevens MOTION CARRIED Unanimous HEINRICHS, seconded by McFARLAND 2. Appointment to Board of Equalization. APPOINTMENT TO BOE There was no discussion by the Assembly. VOTE ON MOTION TO APPOINT Burt, Hancock, Heinrichs, McFarland, Milligan, Monroe moved to appoint Steve Jensen to a seat on the Board of Equalization for a term to expire December, 1995. Ayes: Hancock, Heinrichs, McFarland, Milligan, Burt, Monroe Noes: None Absent: Stevens MOTION CARRIED Unanimous 3. Appointment to Mental Health Center Advisory APPOINTMENT TO Board. MHCAB McFARLAND, moved to appoint seconded by MILLIGAN Maryanne Waterman to a seat on the Mental Health Center Advisory Board for a term to expire December, 1997. There was no discussion by the Assembly. VOTE ON MOTION TO APPOINT Ayes: Noes: Absent: Regular Assembly Meeting May 18, 1995 Heinrichs, McFarland, Milligan, Burt, Hancock, Monroe None Stevens Volume XX Page 62 MOTION CARRIED Unanimous INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Architectural Review Board Meeting of April 18, 1995. B. REPORTS None. C. OTHER None. CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember McFarland commended Elaine Griffin for recognition as the 1995 National Teacher of the Year. Presiding Officer Monroe congratulated Lydia Stoltenberg as Student of the Month. She reminded the Assembly that voters approved the hospital bond two to one. She said the Assembly would work hard to move the hospital funding to the number -one priority next year. Jeff Knauf phoned to say that anticipated hospital funds from the state were never received, and he felt the community expected to see a state appropriation. Presiding Officer Monroe announced that the Assembly would meet in work session on Thursday, May 25, 1995 at 7:00 p.m. in the borough conference room and regular meeting on Thursday, June 1, 1995 at 7:30 p.m. in the assembly chambers. MILLIGAN, seconded by HEINRICHS There being no further business to come before the Assembly, the meeting adjourned at 9:45 p.m. de 71 ATTEST: lg Officer Borough Clerk Regular Assembly Meeting May 18, 1995 moved to adjourn. ADJOURNMENT Approved: 06/01/95 REPORTS OTHER CITIZENS' COMMENTS Volume XX Page 63