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1995-10-05 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting October 5, 1995 A regular meeting of the Kodiak Island Borough Assembly was held October 5, 1995 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:38 p.m. The invocation was given by Mr. Andre Einan of the Kodiak Bible Chapel followed by the Pledge of Allegiance. There were present: Mary Monroe, Presiding John Burt Suzanne Hancock Mike Milligan Absent: Robin Heinrichs Jack McFarland Gary Stevens comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC, Clerk Karleton Short, Finance Director Assemblymembers Heinrichs, McFarland, and Stevens were out of town and asked to be excused. MILLIGAN, seconded by BURT APPROVAL OF AGENDA AND MILLIGAN, seconded by HANCOCK MILLIGAN, seconded by HANCOCK Regular Assembly Meeting October 5, 1995 moved to excuse Assemblymembers Heinrichs, McFarland, and Stevens. VOTE ON MOTION TO EXCUSE MOTION CARRIED Unanimous voice vote CONSENT AGENDA moved to approve the agenda and consent agenda. move to amend the agenda by adding Contract No. 96 -63 Bay View Road Service District Road REGULAR MEETING ROLL CALL APPROVAL OF AGENDA AND CONSENT AGENDA Volume XX Page 207 Mayor Selby said the Service met to recommend awarding the bidder. He added that work n there was no contract. VOTE ON MOTION TO AMEND MOTION CARRIED VOTE ON MOTION TO APPROVE AS AMENDED MOTION CARRIED Ayes: Noes: Absent: Regular Assembly Meeting October 5, 1995 Maintenance and Repairs, Snow Removal and Sanding under 12. New Business A. Contracts as Item 1. District Board had not contract to the single eeded to be done and Unanimous voice vote Burt, Hancock, Milligan, Monroe None Heinrichs, McFarland, Stevens MOTION CARRIED APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of August 17, 1995. This item was approved under "consent agenda ". AWARDS AND PRESENTATIONS B. Employee of the Month Mayor Jerome Selby presented the Employee of the Month Award to Tom Bouillion, Associate Planner/ Enforcement in the Community Development Department. B. Proclamations Mayor Selby proclaimed October 1995 National Disability Employment Awareness Month, urging all citizens to reaffirm the promise of the Americans with Disabilities Act to achieve full employment for people with disabilities. Mayor Selby proclaimed October 1995 Domestic Violence Awareness Month, urging all citizens to actively support and participate in the ongoing programs APPROVAL OF MINUTES AWARDS AND PRESENTATIONS EMPLOYEE OF MONTH PROCLAMATIONS NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH DOMESTIC VIOLENCE AWARENESS MONTH Volume XX Page 208 designed to reduce and eventually eliminate domestic violence as a social problem. Aileen Hediger accepted the proclamation on behalf of the Kodiak Women's Resource Center. Mayor Selby proclaimed October 8 -14, 1995 Fire Prevention Week in Kodiak, urging all citizens to participate in fire safety and prevention activities offered through local fire departments. Rome Kamai, Kodiak Fire Department public education specialist with students in the school system, accepted the proclamation. Mayor Selby presented a proclamation applauding the Unites States Coast Guard's service to the Kodiak Island community and urging all residents to recognize our Coast Guard community for their collective and individual efforts in making Kodiak and all the navigable waters of Alaska a safer and better place to live and work. C. Certificate of Achievement Mayor Selby presented a Certificate of Achievement for Excellence in Financial Reporting and an individual award as the individual responsible for the reporting to Karleton Short, finance director. CITIZENS' COMMENTS A. Agenda Items Not Scheduled for Public Hearing None. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS Jeff Knauff, Planning and Zoning Commissioner, congratulated Tom Bouillion as a valuable member of the Community Development Department staff. He reported that Donna Bell, Commissioner, was feeling and commented that she was a valuable member of the Commission. He reported on a special meeting to approve the six foot wide utility easement in Woodland Acres that was on the agenda for Assembly consideration. He was available to answer questions. Regular Assembly Meeting October 5, 1995 FIRE PREVENTION WEEK APPLAUDING THE USCG CERTIFICATE OF ACHIEVEMENT FINANCIAL REPORTING CERTIFICATE CITIZENS' COMMENTS COMMITTEE REPORTS Volume XX Page 209 When Assemblymember Hancock asked if the Commission held a work session on the properties around Larson Bay since the work session with Fish & Wildlife, Commissioner Knauff announced a meeting scheduled on November 1, 1995 would include discussion on the tax foreclosed properties in Larson Bay. Assemblymember Hancock asked that the Assembly be notified of the meeting as many Assemblymembers expressed interest in the topic. Assemblymember Hancock reported on the Mental Health Center Advisory Board meeting where the new case manager for the CSP, Lowell Lind, was introduced. She said Ms. Lind was from the Lake & Peninsula Borough area. She noted this was Mental Illness Awareness Month and noted events in the community that included a service at St. James The Fisherman Episcopal Church, depression screening clinics on this date at the Mental Health Center and the screening of senior citizens on Friday. She added that Peg Kirby was hired as the psychologist specializing in child adolescence. Assemblymember Burt asked if the two positions were new positions or replacements. Mayor Selby clarified that they were existing positions that had been vacant for almost a year. Assemblymember Milligan reported that the Economic Development Committee voted to fund a study on a conference center. He felt it was important for the public to know that the Committee was skeptical about the idea of a conference center. He said funding for the study was from a state grant and not local funds. He reported that the Washington D.C. transportation committee met with Borough and City representatives to review progress on results of the transportation study. He said they were reminded of debate on Section 18 funding that was federal monies administered by the state. He added that Section 18 funds were cut but not eliminated. He remembered that some transportation funding occurs every time gasoline is purchased in that some of the tax was earmarked for transportation, and not just roads. Assemblymember Hancock also attended the meetings and found it helpful that the former Ketchikan, now Kodiak, city manager was present because Ketchikan had an established system. She said that as a result of the discussion, new numbers would be calculated. Regular Assembly Meeting October 5, 1995 Volume XX Page 210 Presiding Officer Monroe reported on Kodiak College participation in the University of Alaska scholarship foundation. She said the committee offered a scholarship to a local student for a first -time locally funded scholarship. When Assemblymember Burt asked where the monies were coming from, Assemblymember Hancock thought most were private donations. 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 -13 Amending Title 16 Subdivision Chapter 16.70 Improvements to ORDINANCE NO. 95 -13 Reflect Amendments to Section 16.70.010C Prerequisites to Improvement Construction and Inspection. Presented for consideration was Ordinance No. 95 -13 that, if adopted, amended Title 16 to allow a professional engineer to conduct routine inspections of improvements to subdivisions. MILLIGAN, moved to adopt seconded by HANCOCK Ordinance No. 95 -13. Mayor Selby said the amendment was requested by the new builder's association. He outlined the changes. Presiding Officer Monroe called for public testimony; hearing and seeing none, she reconvened the regular meeting. When Assemblymember Burt questioned why the change was strictly for subdivisions, Mayor Selby clarified the amendment was in the subdivision code that dealt specifically with subdivisions. When Assemblymember Burt asked why not on all construction, Mayor Selby said all new ordinances would be needed. He added that the change was referred to in the subdivision code for road, water, and sewer construction within subdivisions as subdivision improvements. Assemblymember Burt said he could see an advantage in industrial and heavy commercial construction, not just roads, sewer and water construction. Mayor Selby would explore others if it was the desire of the assembly. Regular Assembly Meeting October 5, 1995 Volume XX Page 211 Presiding Officer Monroe suggested waiting for results of this change before exploring more. At Assemblymember Burt's question whether people were willing to spend money on expensive private engineers and the thought that the Borough's system should be explored to determine if something was wrong there, Mayor Selby allowed that this would give them the ability to compare. VOTE ON MOTION TO ADOPT Ayes: Hancock, Milligan, Burt, Monroe Noes: None Absent: Heinrichs, McFarland, Stevens MOTION CARRIED Unanimous MESSAGES FROM MESSAGES FROM THE BOROUGH MAYOR MAYOR Mayor Selby reported that Foreign Trade Zone (FTZ) hearings were conducted by U.S. Department of Commerce Foreign Trade Board member John Shaw. He anticipated a successful result. He noted that the FTZ was primarily beneficial for the rocket launch project but others also benefitted. He said it was a nine month process. He thanked Bud Cassidy, resource manager, for working with the consultant in preparing the application package. He worked with the users and architects on the Near Island Research Facility (NIRF) building reviewing space relationships and the need for direction to the architects for a final schematic. He added this contributed to preliminary cost estimates. He noted it was discovered that five Mission Road residences had sewer routed to a manhole that dumped into the bay rather than into sewer system lines. He said two residences were inside city limits and three were in Service District No. 1. He was pleased that the city was willing to remedy the problem immediately. He said that John Chya, Department of Transportation representative, anticipated paving the Kodiak Airport parking lot October 11 and 12, weather permitting. He noted the solid waste at the landfill preliminary reports for close out costs were approximately Regular Assembly Meeting October 5, 1995 Volume XX Page 212 $200,000 per acre for the ten acre area. He was investigating how to accommodate that by reviewing a fee increase to spread the costs timewise and reducing costs some. He obtained a $36,000 energy grant for renovation of an existing portion of the hospital. He had positive discussion with the governor about the $3 million for completion of the beds wing and $1.3 million for the existing facility renovation. OLD BUSINESS A. Resolution No. 95 -07A Establishing Fees to RESOLUTION Reflected Amended Water and Sewer Service NO. 95 -07A Utility Fees. Presented for consideration was Resolution No. 95 -07A that, if adopted, amended Resolution No. 95 -07 by eliminating collecting utility development fees for water and sewer service outside the city of Kodiak to remit to the city of Kodiak. The motion to adopt Resolution No. 95 -07A was before the Assembly. Mayor Selby said the amendment eliminated collection of development fees from Service District No. 1 residents for the city of Kodiak. He said the resolution was introduced and postponed at the August 3 meeting and that subsequently a task force was formed. He recommended defeating the resolution. Presiding Officer Monroe thanked Assemblymembers Hancock and Heinrichs for their participation in the task force. Assemblymember Burt understood that details were still to be negotiated. Mayor Selby reminded the assembly that the resolution was before them and that the task force report was later in the agenda. VOTE ON MOTION Ayes: Noes: Regular Assembly Meeting October 5, 1995 None. Milligan, Burt, Hancock, Monroe Absent: Heinrichs, McFarland, Stevens OLD BUSINESS Volume XX Page 213 MOTION FAILED Unanimous NEW BUSINESS A. CONTRACTS CONTRACTS 1. Contract No. 95 -63 Bay View Road Service CONTRACT District Road Maintenance and Repairs, Snow NO. 95 -63 Removal and Sanding. Contract No. 95 -63 was added to the agenda. MILLIGAN, moved to award Contract seconded by HANCOCK No. 95 -63 to A -K Construction of Kodiak. Mayor Selby said the Board had not met to consider the contract but noted that the action was to award to the sole bidder. VOTE ON MOTION TO AWARD Ayes: Burt, Hancock, Milligan, Monroe Noes: None Absent: Heinrichs, McFarland, Stevens MOTION CARRIED Unanimous B. RESOLUTIONS 1. Resolution No. 95 -38 Supporting the State of Alaska State Waters Cod Fishing Program. Presented for consideration was Resolution No. 95 -38 that, if adopted, urged the State of Alaska to continue the development of the State Waters Groundfish Pot, Mechanical Jig, and Hand- trolled Gurney Cod Fishery Program in the Southwest Alaska Municipal Conference region on a permanent basis. MILLIGAN, moved to adopt seconded by BURT Resolution No. 95 -38. Mayor Selby compared the resolution to one adopted by the Southwest Alaska Municipal League (SWAMC). He commended the Department of Fish & Game pilot program initiated for cod and jig fishing. He encouraged continuation of the program and support for expanding the program to additional areas, including the Alaska Regular Assembly Meeting October 5, 1995 NEW BUSINES, RESOLUTIONS RESOLUTION NO. 95 -38 Volume XX Page 214 peninsula and southwest conference area. He said it was a clean fishery with little by- catch. Assemblymember Milligan appreciated that many Kodiak residents called the state. He remembered that the fishery was authorized in the Magnusen Act but no state had taken advantage of it. He anticipated more participation next year. VOTE ON MOTION TO ADOPT Ayes: Hancock, Milligan, Burt, Monroe Noes: None Absent: Heinrichs, McFarland, Stevens MOTION CARRIED Unanimous 2. Resolution No. 95 -39 Requesting Capital RESOLUTION Projects Funding Under the Municipal NO. 95 -39 Capital Project Matching Grant Program. Presented for consideration was Resolution No. 95 -39 that, if adopted, requested funding for the Peterson Elementary School Design and Construction in the amount of $230,000 and agreed to provide the local share for the project. MILLIGAN, moved to adopt seconded by BURT Resolution No. 95 -39. Mayor Selby submitted the project for approval under the governor's matching grant projects. He used the number two item on the capital improvements project list for the $233,000 available toward the $900,000 Peterson Elementary School project. He said funds would be available over a three year period and this allowed for architectural design. VOTE ON MOTION TO ADOPT Ayes: Milligan, Burt, Hancock, Monroe Noes: None Absent: Stevens, Heinrichs, McFarland MOTION CARRIED Unanimous Regular Assembly Meeting October 5, 1995 Volume XX Page 215 3. Resolution No. 95 -40 Adopting an Alternative Allocation Method for the Fiscal Year 1996 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Kodiak Island Borough. Presented for consideration was Resolution No. 95 -40 that, if adopted, certified that the Alternative Allocation Method of distribution to eligible municipalities was representative in that fifty percent of the total available funds were distributed on a per capita basis with the remaining fifty percent distributed evenly between all eligible municipalities fairly. MILLIGAN, moved to adopt seconded by HANCOCK Resolution No. 95 -40. Mayor Selby said the program was implemented with the intent of .taking raw fish tax collected outside municipal boundaries into a distribution program for municipalities without processing plants but with fishermen participating in fishing fleets. He said half of the money was split evenly among seven communities and the other half was split on a per capita basis. He emphasized that villages would receive more money with this allocation method. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED C . ORDINANCES FOR INTRODUCTION 1. Ordinance No. 95 -14 Amending Title 13 Utilities to Amend Chapter 13.01 General Regulations Section 13.01.190 Construction standards and to Amend Title 16 Subdivisions to Add to Chapter 16.70 Improvements Required a Section 16.70.050 Construction standards. Regular Assembly Meeting October 5, 1995 Burt, Hancock, Milligan, Monroe None Heinrichs, McFarland, Stevens Unanimous RESOLUTION NO. 95 -40 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 95 -14 Volume XX Page 216 Presented for consideration was Ordinance No. 95 -14 that, if adopted, amended Title 13 and Title 16 so that all Kodiak Island Borough improvements, other than roads, would be constructed in accordance with the latest edition of the city of Kodiak's Standard Construction Specifications. This item was advanced to public hearing on October 19, 1995 under "consent agenda ". 2. Ordinance No. 95 -15 Amending Title 8 Health and Safety by Amending Chapter 8.20 Solid Waste Collection and Disposal Section 8.20.030 Solid waste collection and disposal required and adding Section 8.20.055 Vacancy and by amending Section 8.20.065 Service requests, billing and collection. Presented for consideration was Ordinance No. 95 -15 that, if adopted, amended section 8.20.030 to add a minimum monthly commercial rate, to add section 8.20.055 Vacancy Account Status allowing property owners or occupants of a premise to request a vacancy billing status during periods when the premise is not occupied and amending section 8.20.065 Billing to be synonymous with the residential water and sewer billing cycle. This item was advanced to public hearing on October 19, 1995 under "consent agenda ". D. OTHER ITEMS 1. Wastewater Treatment Task Force Report and Preparation of an Agreement Based on the Recommendations of the Report. moved to accept the Wastewater Treatment Task Force Report and authorize preparation of an agreement based on the recommendations of the report. Mayor Selby deferred to task force member Suzanne Hancock. Assemblymember Hancock reported that it was historic in that the City and Borough came to an agreement. She said it was a good process with good results to eliminate hookup fees that were too high for development. She noted the concessions on both sides. She explained that eventually costs would be equally shared although Service District No. 1 Regular Assembly Meeting October 5, 1995 HANCOCK, seconded by MILLIGAN ORDINANCE NO. 95 -15 OTHER ITEMS WASTEWATER TREATMENT TASK FORCE REPORT Volume XX Page 217 residents would pay a surcharge that may be less than the present 20 percent. She concluded that the attorneys would draft the fine points in a contract. She added that this was a step toward benefitting citizens in the community. Assemblymember Burt asked if this removed the Borough from sewer and water issues and left no say. He asked a hypothetical question in that what if the City decided to re- establish the fees. Mayor Selby said the action accepted the report and directed staff to have the attorneys draft an agreement based on the recommendations. He assumed the agreement would eliminate development fees forever. He understood the intent of the task force was that no development fees be expressed in the agreement. Assemblymember Burt agreed with the intent but wondered if the Borough was giving away input rights. Mayor Selby said the agreement would not include Service District No. 2. He reiterated that the agreement was only with Service District No. 1. He would still be advocating design monies for the Monashka Bay area past Abercrombie Park. He concluded the reality was there could be a service district for water and sewer services in areas such as Bells Flats. He reiterated this agreement was for Service District No. 1 water and sewer service only. Assemblymember Hancock agreed that the City and Borough would protect their interests and there would be checks and balances such as there was with the landfill and garbage combined service. She said the Assembly, as Borough representatives, should protect the interests of service district residents. She thought this would work and it made sense. Presiding Officer Monroe wished more Assemblymembers were present and thanked Assemblymember Burt for attending meetings. VOTE ON MOTION TO ACCEPT Ayes: Noes: Absent: Regular Assembly Meeting October 5, 1995 Hancock, Milligan, Burt, Monroe None Heinrichs, McFarland, Stevens Volume XX Page 218 MOTION CARRIED It was noted that City Councilmember Tom Walters was in the audience and approved with a smile and applause. MILLIGAN, seconded by HANCOCK Mayor Selby said the building was old with an old system with heat and air supply problems. He remembered sending employees home with full pay last winter because it was unreasonable to ask them to work. He knew it was time to deliver heat in the building effectively. He noted there were more computers in the building than what the building was designed for and the need was wire for modern office equipment. In response to Assemblymember Burt Mayor Selby said asbestos had been removed from the building except for floor tile that was managed. He acknowledged that the removed asbestos was from heating joints, and since walls had not been torn up, there was a possibility there might be some that would need to be dealt with. He added that the floor tile was being managed until it wore out and then it would be disposed of properly. In response to Assemblymember Burt's concern that it was a major remodel, Mayor Selby noted that Americans with Disabilities Act requirements were met when the bathrooms were remodeled and that just the heating and wiring were problems. He did not anticipate any renovation. VOTE ON MOTION TO APPROVE Ayes: Noes: Absent: 2. Contract No. 95 -61 Kodiak Island Borough Administration Building Mechanical/ Electrical Survey. MOTION CARRIED Regular Assembly Meeting October 5, 1995 Unanimous moved to approve Contract No. 95 -61 with RSA Engineering of Anchorage in an amount not to exceed $12,675. Milligan, Burt, Hancock, Monroe None Heinrichs, McFarland, Stevens Unanimous CONTRACT NO. 95 -61 Volume XX Page 219 MILLIGAN, seconded by HANCOCK Mayor Selby said the vacation was for a utility easement that was not used and no future use was foreseen. He noted that the Planning and Zoning Commission recommended approval. Assemblymember Burt asked why the public hearing notice included a circumference of 618 feet instead of 1,000 feet. Mayor Selby said the public hearing area was usually 500 feet for vacations and that 1,000 feet was noticed for zoning. VOTE ON MOTION TO APPROVE Ayes: Noes: 3. Vacation of the Six (6) Foot Wide Northern Most Portion of a Twenty (20) Foot Wide Utility Easement on the Southerly Side of Lot 1 -B, Block 3, Woodland Acres 2nd Addition. (3910 Woodland Drive) Absent: Heinrichs, McFarland, Stevens MOTION CARRIED 4. Vacation of and Utility U.S. Survey Cape Road) MILLIGAN, seconded by HANCOCK Regular Assembly Meeting October 5, 1995 moved to approve the vacation of the six foot wide northern most portion of a twenty foot wide utility easement on the southerly side of Lot 1 -B, Block 3, Woodland Acres 2nd Addition at 3910 Woodland Drive. Burt, Hancock, Milligan, Monroe None Unanimous a 100 Foot Road Right -of -way Easement on Lots 13 and 14, 3099. (2821 and 2853 Spruce moved to approve the vacation of a 100 foot road right -of -way and utility easement on Lots 13 and 14, U.S. Survey 3099 at 2821 and 2853 Spruce Cape Road. VACATION 3910 WOODLAND DRIVE VACATION 2821 AND 2853 SPRUCE CAPE ROAD Volume XX Page 220 Mayor Selby explained the City's interest in consolidating the wastewater treatment plant lots into one lot; therefore, the road would never be built. VOTE ON MOTION TO APPROVE Ayes: Noes: Absent: A. B. MINUTES OF OTHER MEETINGS REPORTS 1. C. OTHER None. CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Regular Assembly Meeting October 5, 1995 Hancock, Milligan, Burt, Monroe None Heinrichs, McFarland, Stevens MOTION CARRIED Unanimous INFORMATIONAL MATERIALS (No action required) 1. Architectural Review Board Meetings of April 11, 18 and September 12, 1995. 2. Planning and Zoning Commission Meeting of August 23, 1995. 3. Kodiak Island Borough School District Meeting of August 28 and Special Meeting of September 5, 1995. 4. Airport Advisory Committee Meeting of May 18, 1995. Kodiak Island Borough August 1995 Financial Report. Assemblymember Hancock congratulated the newly - elected officials. Assemblymember Milligan congratulated the newly - elected and re- elected officials and thanked those who voted. He emphasized that every vote counted. He was pleased when he read the interview of Joe INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Volume XX Page 221 Floyd that mentioned a skating rink. He thanked Mayor Selby for monitoring fish tax issues. Presiding Officer Monroe congratulated Tom Bouillion as employee of the month. She reminded the community about the Coast Guard dinner on Saturday evening. She congratulated the newly - elected officials. Presiding Officer Monroe announced the assembly would meet at the Mental Health Center Buildings at noon on Thursday, October 12 for a tour of the facility, a work session at 7:30 p.m. on Thursday, October 12 in the borough conference room; and a regular meeting on Thursday, October 19 at 7:30 pm in the assembly chambers. She noted that the newly - elected mayor and assemblymembers would be sworn in at the October 19 meeting. EXECUTIVE SESSION 1. Collective Bargaining HANCOCK, seconded by MILLIGAN VOTE ON MOTION moved to convene into executive session to discuss collective bargaining. MOTION CARRIED Unanimous voice vote At 9:00 p.m. Presiding Officer Monroe recessed the regular meeting and convened the executive session. At 9:20 p.m. Presiding Officer Monroe reconvened the regular meeting. EXECUTIVE SESSION MILLIGAN, moved to adjourn. ADJOURNMENT seconded by HANCOCK VOTE ON MOTION TO ADJOURN MOTION CARRIED Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 9:21 p.m. ATTEST: C2)u �/ � T r a C MG , Donna F. Smith, CM Borough Clerk Regular Assembly Meeting October 5, 1995 ? , C &. 72441c/c.e- Mary A. onroe Presiding Officer Approved: 10/19/95 Volume XX Page 222