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2008-06-19 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting June 19, 2008 A regular meeting of the Kodiak Island Borough Assembly was held June 19, 2008 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 Sergeant Major Dave Blacketer of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes. Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. Assembly member Friend was absent and asked to be excused due to personal leave. BRANSON moved to excuse Assembly member Friend who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA JEFFREY moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular meeting minutes of May 15, 2008 were approved under the consent agenda. AWARDS AND PRESENTATIONS None. CITIZENS' COMMENTS May Stephenson read a letter written by Marion Owen regarding garbage dumpster issues. Barbara Williams read a letter written by Nick Szabo speaking against the Mayoral veto of Resolution No. 2008 -34 and in favor of resolving the legal issues. Barbara Williams spoke in favor of a fair and equitable resolution to the Assembly's legal issues. Mel Stephens spoke in favor of payment of the legal fees for Assembly members Abell, Oswalt, and Stutes. COMMITTEE REPORTS Charlie Peyton, U.S. Army Corp of Engineers Project Manager, provided updates on local projects including continued soil remediation. He announced that they would be available to the public at Safeway on Friday, June 20 3 p.m. to 6 p.m. Kodiak Island Borough Assembly Minutes June 19, 2008 Page 559 PUBLIC HEARING A. Ordinance No. FY2008 -21 Amending Title 2 Administration and Personnel, Chapter 2.24 Borough Attorney by Adding Section 2.24.040 Alternate Counsel. BRANSON moved to adopt Ordinance No. FY2008 -21. The ordinance was requested and sponsored by Assembly member Branson. KIBC 2.24.020 states the Assembly shall appoint the Borough Attorney by resolution. The ordinance would clarify the process when individual actions of municipal officials are being challenged or the possibility of individual liability is presented and outside counsel is needed. The ordinance would require that the request for payment be made through the governing body of the Assembly before hiring another attorney. Mayor Selby opened the public hearing. Mel Stephens spoke against the ordinance. Barbara Williams spoke against the ordinance and urged the Assembly to resolve the payment of the legal fees for Assembly members Abell, Oswalt, and Stutes. Shawn Dochtermann spoke in favor of paying all of the legal fees and urged the Assembly to focus on the Crab Rationalization issues. Mayor Selby closed the public hearing. Assembly discussion ensued regarding enforcement issues of the ordinance. ABELL moved to postpone adoption of the ordinance to the regular meeting of August 7, 2008. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED FOUR TO TWO: Abell, Branson, Jeffrey, and Lynch (Ayes). Oswalt and Stutes (Noes). Clerk's note: Assembly member Oswalt changed his vote to no. B. Ordinance No. FY2008 -01 D Amending Ordinance No. 2008 -01 Fiscal Year 2008 Budget by Budgeting for Several Grants, State of Alaska Rebate of PERS Prepayments, and Legal Fees in Excess of Budget. OSWALT moved to adopt Ordinance No. FY2008 -01 D. A substituted version of the ordinance was provided to the Assembly. The ordinance would: • Increase the Child Care Assistance budget by $5,086. • Increase the Coastal Management Grant by $3,800. • Set up a project for non - structural seismic mechanical, electrical and plumbing (MEP) upgrades. This would be funded by a State Grant of $132,249. • Set up a project for non - structural seismic bracing. This would be funded by a State Grant of $75,490. • Increase State revenue and reduce use of the fund balance by $411,747, which would be the amount of PERS prepayments rebated back to the borough by the state. Kodiak Island Borough Assembly Minutes June 19, 2008 Page 560 • Increase the legal department funds and increase the use of the fund balance by $30,000. This would be due to legal costs being higher than estimated in the original budget. BRANSON moved to amend Ordinance No. FY2008 -01 D by substitution. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: Branson, Jeffrey, Lynch, Oswalt, Stutes, and Abell. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • Some borough dumpsters had been removed from their normal areas due to recent bear activity. Citizens were urged to use alternate dumpsters and to remain bear aware. • 2008 property tax bills had been mailed. • Bell and Associates, the Solid Waste consultant, would be in Kodiak the week of July 7th to begin a review of the Solid Waste Plan. • A memo was provided by Woody Koning, EF Director, providing updates on the various bond and construction projects. • A special meeting was requested in conjunction with the June 26 Assembly work session in order for the School District to provide an update on the progress of the Master Plan. Consensus of the Assembly was given to schedule the special meeting. MESSAGES FROM THE BOROUGH MAYOR None. UNFINISHED BUSINESS None. NEW BUSINESS Contracts A. Contract No. FY2008 -40 Kodiak Island Borough and City of Kodiak Animal Control Agreement. Approved under consent agenda. The Kodiak Island Borough and the City of Kodiak jointly fund the animal control program. The City provides the Officer (including the management — payroll, evaluation, and training); the truck (including maintenance); and contracts with the Humane Society to operate the shelter. The Animal Control Officer patrols the City limits as well as the remainder of the road system outside the City limits. The population of the area is roughly split 50 -50 between city residents and non -city residents. Humane Society statistics for FY07 was provided, demonstrating that a large number of animals (especially dogs) and various types of animals were processed through the shelter. There was a change to the budget increasing the amount from $72,380 in FY08 to $84,125 for FY09. The increase was for professional service expenditures associated with the running of the shelter and included such things as veterinary costs, building operations, maintenance and improvement costs. Kodiak Island Borough Assembly Minutes June 19, 2008 Page 561 The term of the contract was for two years and would expire on June 30, 2010. B. Contract No. FY2008 -26A Amending Contract No. FY2008 -26 Agreement Between the Kodiak Island Borough and Jensen, Yorba, Lott Inc. for the Apparatus Garage Addition to the Existing Bayside Fire Hall. JEFFREY moved to authorize the manager to execute Contract No. FY2006 -26A, an amendment to Contract No. FY2008 -26, with Jensen Yorba Lott, Inc. of Juneau, Alaska for the apparatus garage addition to the existing Bayside Fire Hall in the amount not to exceed $125,929. Fire Protection Area No. 1 (FPA #1) Board requested that the Borough procure an architectural firm to design an addition to the existing facility to house newly acquired equipment and provide for other identified needs. An RFP was issued and the Architectural Review Board selected RIM Architects as the first choice and Jensen Yorba Lott as the second choice. KIB entered into an agreement with RIM Architects to provide a program document and an estimate for construction costs. RIM's first deliverable exceeded the available budget by a considerable amount. RIM's second attempt resulted in project cost estimates unsatisfactory to the FPA #1 Board. The Board requested staff to negotiate a services agreement with the second choice, Jensen Yorba Lott. In accordance with KIB Code 3.16.110 Competitive Sealed Proposals, negotiations with Jensen Yorba Lott resulted in a contract not to exceed $5,000 to provide schematic, architectural and design services including updated cost estimates. The work was satisfactorily completed and the Architect proposed a contract amendment to provide the additional architectural services required to bring the project through the bidding and construction phases in an amount not to exceed $125,929. FPA #1 Board approved the amendment to the contract. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, and Jeffrey. C. Contract No. FY2008 -41 Architectural and Engineering Services for the Kodiak Community Health Center Addition and Renovations at the Providence Kodiak Island Medical Center. JEFFREY moved to authorize the manager to execute Contract No. FY2008 -41 Architectural and Engineering Services for the Kodiak Community Health Center Addition and Renovations at the Providence Kodiak Island Medical Center with Prochaska and Associates of Omaha, Nebraska in the amount not to exceed $202,475. A contract was executed with Prochaska & Associates, Inc., Providence Kodiak Island Medical Center and Kodiak Island Borough for Phase V of the Kodiak Community Health Center project in January 2007 to complete the design and development/construction document phase of the project. Phase V was completed and the Architect presented an estimate for Phase VI of the project. Bidding and negotiation /construction administration was as follows: • An amount not to exceed $164,270 for construction procurement and contract administration. • An amount not to exceed $ 29,180 for increased scope items. • An amount not to exceed $ 9,025 for record drawings. • The fees would include reimbursable expenses incurred in the interest of the project except the cost of printing the bid document which is considered non reimbursable or would be paid directly by the borough. The Engineering and Facilities department reviewed the cost estimates and recommended approval of the contract in a total amount not to exceed $202,475. Kodiak Island Borough Assembly Minutes June 19, 2008 Page 562 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Jeffrey, and Lynch. Resolutions A. Resolution No. FY2003 -20G Amending Resolution No. 2003 -20 to Re- Establish Fees of the Kodiak Island Borough. STUTES moved to adopt Resolution No. FY2003 -20G. KIBC 3.04.065 Review of Service Fees ordains that all fees be reviewed on an annual basis. Staff compiled a list of all current fees and recommended several changes to the fee resolution. Most of the changes were in the Solid Waste Collection and Disposal Section. ABELL moved to amend the fees, numbers 1, 2, and 4 on page 9 of 12 of the fee schedule, to reduce the amounts to the original costs. Assembly discussion on the budget and fee changes ensued. ROLL CALL VOTE ON THE AMENDMENT CARRIED FOUR TO TWO: Stutes, Abell, Branson, and Oswalt (Ayes). Jeffrey and Lynch (Noes). STUTES moved to extend the fee amendment to number 11 on page 10 of 12 of the fee schedule, to reduce the amount to the original cost. ROLL CALL VOTE ON THE SECOND AMENDMENT CARRIED FOUR TO TWO: Abell, Branson, Oswalt, and Stutes (Ayes). Jeffrey and Lynch (Noes). ROLL CALL VOTE ON MOTION AS AMENDED CARRIED UNANIMOUSLY: Branson, Jeffrey, Lynch, Oswalt, Stutes, and Abell. B. Resolution No. FY2008 -42 Authorizing the Approval of Lease Regarding the Bayside Fire Hall Apartment with Mr. Bob Himes. Approved under consent agenda. KIBC 18.40.020 Negotiated Leases requires approval by the Assembly of specific leases. The amount charged to Mr. Bob Himes was discussed and approved by the FPA #1 Board at its regular meeting of June 19, 2007. Mr. Himes is the Fire Chief of the Bayside Fire Department. Ordinances for Introduction A. Ordinance No. FY2009 -02 Rezoning a Portion of Lot 1A -3, U.S. Survey 3465 From PL- Public Use Lands To RR1- Rural Residential One Zoning District. (P &Z Case 07 -001.) BRANSON moved to adopt Ordinance No. FY2009 -02 in first reading to advance to public hearing at the next regular meeting. The Planning and Zoning Commission and the Borough Assembly previously approved the disposal of said Borough land to the adjacent landowner. The rezone case would change the zoning of the parcel and the parcel would be zoned into the same district as the zoning of the landowners parcel. The portion of KIB land that would be disposed to the private party would be rezoned from PL- Public Use Lands to RR1- Rural Residential One. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. Kodiak Island Borough Assembly Minutes June 19, 2008 Page 563 Other Items A. Vacation of a 10 -Foot Wide Utility Easement Located Along the East Side of Bells Flats Alaska Subdivision, Tract D -2. BRANSON moved to approve the vacation of a 10 foot wide utility easement as depicted on the sketch plan for Case S08 -016. The KIB Planning and Zoning Commission approved the above referenced easement vacation after a public hearing was held on May 21, 2008. The Kodiak Island Borough Assembly was the applicable review body of the case and reviewed the vacation request in accordance with KIBC 16.60.060 Additional Approval Required. A copy of the Planning and Zoning Commission decision letter, meeting minutes, relevant maps depicting the general area, and a sketch plan of the easement vacation was provided. Additional information was available in the case file for Subdivision Case S08 -016 for review by the Assembly if requested. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, and Jeffrey. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly member Stutes commented that she was glad the Solid Waste Management Plan had been provided and looked forward to reviewing it. She asked Manager Gifford if the borough had obtained attorney representation for the present lawsuit. Manager Gifford responded that the borough had obtained Perkins Coie for attorney advice which was under his authority as Borough Manager per KIB code. Assembly member Abell reported he had obtained the KIBSD Facilities Committee Master Plan which outlines three plans for Borough Hill. At the work session of June 26 the school district would meet with the Assembly to discuss the options. He commented that the KIB, KIBSD and City of Kodiak could construct a new building on Borough Hill with modern technology and energy efficiency and tax payers wouldn't have to pay as much for the building as they would expect due to reimbursement from the State. He felt it was an exciting opportunity. Assembly member Branson asked that the Assembly receive the KIBSD Master Plan study prior to the work session on June 26 She noted that at the last regular meeting she had offered an "olive branch" to Assembly members suggesting they work together to draft a new resolution addressing the payment of legal fees without attorney involvement. She felt this was still a possibility and offered that option again. Assembly member Jeffrey stated that she had read the Solid Waste Management Plan and felt it was very well done. She noted the plan affects all of Kodiak and encouraged all to pick up a copy so that everyone would be well informed of what the plan entails. She discussed her feelings of the legal issues and felt that it was an unusual situation that needed to be resolved. Assembly member Oswalt asked for information on the sale of Lot 7A stating that this could be possible income for the borough since there was currently a lack of property available for sale. Manager Gifford responded that the case of Lot 7A was presently in the hands of the Planning & Zoning Commission and a recommendation would be forwarded to the Assembly once the Subdivision section of the KIB Code had been reviewed and revised. Kodiak Island Borough Assembly Minutes June 19, 2008 Page 564 Assembly member Lynch commented that recent Assembly discussion was held at the Strategic Plan and Land Management work sessions about holding a responsible land sale by looking at existing neighborhoods as well as opening up new land for construction. She reminded the Assembly that a Planning and Zoning Commission member had reported that there were existing neighborhoods in disrepair that needed to be evaluated prior to opening up new pieces of property to sell. Assembly member Lynch commented on the Solid Waste Advisory Board work session that was held June 18 where members reviewed the Solid Waste Management plan for the first time. She felt it was a productive meeting and spoke of the necessity to develop codes to enforce the new plan. She reminded everyone that recycling and garbage disposal costs money and the Borough is responsible for the landfill for 30 years regardless of what is decided. The money is going to need to come from somewhere, whether by grants or other funding, and she encouraged use of the plan. Announcements Mayor Selby announced: The Assembly would hold a work session with a special meeting immediately following on Thursday, June 26, 2008 at 7:30 p.m. in the Borough Conference Room. The Assembly regular meeting scheduled on Thursday, July 3, 2008 had been cancelled. The next Assembly work session was scheduled on Thursday, July 10, 2008 at 7:30 p.m. in the Borough Conference Room and the next regular meeting was scheduled on Thursday, July 17, 2008 at 7:30 p.m. in the Assembly Chambers. The Borough offices would be closed on Friday, July 4 in observance of the Fourth of July holiday. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Jeffrey, and Lynch. The meeting adjourned at 8:55 p.m. ATTEST: Kodiak Island Borough June 19, 2008 Nova M. Javier, CMC, Bo •ugh Clerk KODIAK ISLAND BOROUGH ome M. Selby, Mayor Approved: August 7, 2008 Assembly Minutes Page 565