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2011-09-01 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting September 1, 2011 A regular meeting of the Kodiak Island Borough ,Assembly was held on Thursday, September 1, 2011, 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 Major John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Engineering and Facilities Director Woody Koning, Community Development Director Bud Cassidy, Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. 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 July 21, 2011, and August 4, 2011, were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby proclaimed September 11, 2011 as "National Moment of Remembrance" encouraging g the Kodiak Community to join in the observances on Sunday, September 11, 2011, of the 10` anniversary of September 11. CITIZENS' COMMENTS Stosh Anderson spoke on behalf of Mr. Jay Johnston in support of Ordinance No. FY2012 -06. COMMITTEE REPORTS Assembly member Stutes provided an update on the Project Advisory Committee regarding the Code Revisions. She also spoke on the Southwest Alaska Municipal Conference (SWAMC) Board of Directors meeting scheduled for September 22 -24, 2011. PUBLIC HEARING 1. Ordinance No. FY2012 -05 Rezoning Tract C, Block 2, Ouzinkie Townsite Subdivision (U.S. Survey 4871), From R1- Single Family Residential To PL- Public Use Land. KAPLAN moved to adopt Ordinance No. FY2012 -05. The Kodiak Kenai Cable Company requested permission to erect a microwave communication tower on Tract C of the Ouzinkie Townsite in order to extend broadband voice and data services to Ouzinkie and Port Lions. This service would be comparable to the services that were brought to the Kodiak Island Borough Assembly Minutes September 1, 2011 Page 959 Kodiak road system by the submarine fiber -optic cable which connected Kodiak with the mainland. The tower would be located on a parcel of land that was part of the school which housed the community's 250,000 gallon water tower. This location was also the access road to the facility. It was this area's elevation overlooking the community that made it important for utilities like water tanks and communications towers. The future goal was to separate this area from the rest of the school site and dispose of this parcel to the City of Ouzinkie. The action to dispose of this land would occur at a future Assembly meeting. In the meantime, the PL- Public Use Zone was the proper zoning district for all the facilities located at the location as well as improvements at the school. The Planning and Zoning Commission held a public hearing on this request at its July 20, 2011 meeting and it was the Commission's recommendation to approve this rezone. Forty -three public hearing notices were sent out by the Clerk's Office. There were no responses received by the Clerk's Office. Mayor Selby opened the public hearing. Herman Squartsoff spoke in support of Ordinance No. FY2012 -05. He thanked staff for their time and attention to the matter. Dave Burns thanked the Assembly for its support on Ordinance No. FY2010 -05. Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. 2. State of Alaska Alcoholic Beverage Control Board Request for NEW Liquor License Application for the Roads End, Chiniak, Alaska, License No. 5100 (Applicants: Janice & Norman Botz). JEFFREY moved to voice non - protest to the State of Alaska Alcoholic Beverage Control Board for the new liquor license application for the Roads End, Chiniak, Alaska, License No. 5100 (Applicants: Janice & Norman Botz). The Clerk's office followed KIBC 5.01.030 New License and Transfer Procedure. After investigation, it was determined that the Borough had no interest that could be protected by protesting the application. Twelve public hearing notices were mailed on August 15, 2011; there were no responses returned. The Roads End also filed a Restaurant Designation Application with the Alcoholic Beverage Control (ABC) Board that allowed persons under the age of 19 to enter licensed premises for purpose of non - alcoholic related employment or dining, pursuant to 13AAC 104.715 -795 and AS 04.16.049. 13 AAC 104.725(e) stipulated an application for a new designation of premises under this section would be approved by the ABC board only if it was approved by the local governing body having jurisdiction over the area in which the licensed premises existed. Kodiak Island Borough Assembly Minutes September 1, 2011 Page 960 Mayor Selby opened the public hearing. Janice Botz spoke in support of the liquor license. Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Austerman. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • The Engineering /Facilities Department and Projects Office construction projects status report was provided. • Wished everyone a safe and fun Labor Day holiday. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby commended Manager Gifford, Community Development Director Cassidy, and Engineering /Facilities Director Koning for the seismic study and structural work that had been completed. He reported on his attendance at the AML Summer Meeting in Sitka and spoke on the draft priority list that was discussed at the meeting. The list would be finalized at the AML Annual Conference in November and then forwarded to the Legislature. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2012 -10 Kodiak Landfill Baler Building Overhead Door Replacement Project. JEFFREY moved to authorize the Manager to execute Contract No. FY2012 -10 with Brechan Enterprises of Kodiak, Alaska for the Kodiak Landfill Baler Building Overhead Door Replacement Project in an amount not to exceed $95,000. This contract was for the Landfill Baler Building Overhead Door Replacement Project as shown in the construction documents prepared by Borough staff. The construction documents, bid documents, and associated addenda were available for review. Bids were received in response to the Borough's invitation to bid dated July 1, 2011. Brechan Enterprises, Inc. was the only responsive bidder for the project. The cost estimate reflected in the budget was $35,000 per door. Current code required 130 mph wind load design which increased costs to $95,000 for two doors. Bid tabulations were provided. The doors were important for daily operations. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Austerman, and Friend. Kodiak Island Borough Assembly Minutes September 1, 2011 Page 961 2. Contract No. FY2012 -11 Project Management Software. JEFFREY moved to authorize the Manager to execute Contract No. FY2012 -11 with e- Builders Incorporated of Plantation, Florida for Project Management Software in an amount not to exceed $85,000. Kodiak Island Borough solicited proposals to provide project management software as a service for the Kodiak High School Addition and Renovation in accordance with KIB Code 3.30.070. Four proposals were received and short- listed to two by the Engineering /Facilities (E /F) and Information Technology (IT) departments. Two live presentations were made and proposals and presentations were scored by the E /F, IT, and Finance departments and e- Builders was selected for negotiations. Staff negotiated scope, schedule, and price with e- Builders resulting in the proposed contract. Funding was proposed to come out of all the current projects' budgets. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Jeffrey, Kaplan, Lynch, Austerman, Friend, and Fulp (Ayes); Stutes (No). 3. Contract No. FY2012 -13 Road Maintenance and Repairs, Snow Removal and Sanding for Service Area No. 1. JEFFREY moved to authorize the manager to execute Contract No. FY2012 -13 with MK Construction of Kodiak, AK for Road Maintenance and Repairs, Snow Removal and Sanding for Service Area No. 1 for time and materials based on the bid schedule for the period of July 1, 2011 to June 30, 2013. The Kodiak Island Borough Engineering and Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, and snow removal and sanding for Service Area No.1. Sealed bids were received and opened on June 3, 2011. The bids received were from Brechan Enterprises, Inc., B &R Fish, and MK Construction. The bids were submitted with price quotes for individual pieces of equipment to be used on the projects provided above. The bid schedule was provided. The bids were provided to the Service Area No. 1 Board for review and recommendation. The Board recommended the contract be awarded to MK Construction. The contract would name MK Construction as the Contractor of the work, and all invoicing, etc. would be provided through the Contractor. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Austerman, Friend, Fulp, and Jeffrey. Resolutions 1. Resolution No. FY2012 -07 Appointing a Member to the Kodiak Fisheries Development Association. This item was approved under the consent agenda. The Kodiak Island Borough and City of Kodiak jointly designated the Kodiak Fisheries Development Association (KFDA) as the eligible crab community entity (ECCE). The by -laws of the KFDA provided for appointment of Directors to the Board by the Kodiak Island Borough Assembly and the Kodiak City Council. Kodiak Island Borough Assembly Minutes September 1, 2011 Page 962 Two of the three joint KFDA Director's seats term expired in July 2011. Mr. Albert Tyler Schmeil indicated his desire to be reappointed to an expired joint seat for a term to expire July 2014. Since there was no Borough /City Joint Work Session scheduled at the time, both the Borough and City Managers proposed to present the reappointment of Mr. Schmeil. Joint Appointees: Stosh Anderson (7/13) (joint appointment) Linda Freed (7/11) (joint appointment- expired) Albert Tyler Schmeil (7/14) (joint re- appointment) 2. Resolution No. FY2012 -09 Authorizing the Approval of a Lease with the City of Kodiak for Office Space and a Proportional Share of Common Area Within the Kodiak Island Borough Building. This item was approved under the consent agenda. KIBC Section 18.40.020 (Negotiated Leases) requires approval of the Assembly of specific leases. By this resolution, the Assembly authorized the Manager to renew for another five -year period the lease to the City of Kodiak of office space described as Suites 210 through 222 on the second floor of the Borough Building, as well as a proportional share of the common areas consisting of the Assembly Chambers and the Borough Conference Room. With adjustments made for calculation of lease area based on interior measurements, as is more standard with commercial leases, and the addition of 15% proportional common area usage, the total leased area remained virtually the same as in the previous five -year lease (3,444 sq. ft.). However, the rental rate would increase 7.5 %, or $.15 per sq. ft., to reflect the utility cost increase. Total rent would be $7,576.80 per month. Other terms of the lease remained unchanged. The lease would terminate in 2016 and was signed by the City Manager. 3. Resolution No. FY2012 -10 Authorizing the Submission of an Application to the Alaska Energy Authority Renewable Energy Fund Grant Recommendation Program, Round V, for Design and Construction of a Ground Source Heat Pump System in the Kodiak High School. KAPLAN moved to adopt Resolution No. FY2012 -10. This resolution provided approval for the submission of an application to the Alaska Energy Authority Renewable Energy Fund Grant Program, Round V. This grant program was a competitive program for the purpose of recommending grants for renewable energy projects to be funded by the Alaska State Legislature. The intent in applying for this grant was to obtain funding to design and construct a ground source heat pump system in the Kodiak High School within the high school renovation and expansion project approved by voters in the October 6, 2009 election. Staff investigated the option to match funds up to 40 %; a policy decision would be pursued at a later date. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Austerman, Friend, Fulp, Jeffrey, and Kaplan. Kodiak Island Borough Assembly Minutes September 1, 2011 Page 963 Ordinances for Introduction 1. Ordinance No. FY2012 -06 Rezoning a Portion of U.S. Survey 2735 From RR1 —Rural Residential 1 (One Acre) To RR2 —Rural Residential 2 (Two Acres) (Jay Johnston). STUTES moved to adopt Ordinance No. FY2012 -06 in first reading to advance to public hearing at the next regular meeting of the Assembly. At its July 20, 2011 meeting, the Planning and Zoning Commission held an advertised public meeting on Case 11 -027, and recommended the rezoning of the parcel from RR1 -Rural Residential 1 (one acre) to RR2 —Rural Residential 2 (two acres). The 1.14 acre tract of land would be combined with another parcel (owned by Leisnoi, Inc.) to create one larger lot that would be 2.56 acres in size and would extend out to the Chiniak Highway. Action on the item would rezone the parcel and the Leisnoi parcel to create a single lot with one zoning designation. At one point, the parcel was known as the "Old Rendezvous Site." It was zoned B- Business and was one acre in size when it operated as a bar /restaurant. It was subsequently rezoned to RR1 when converted to a residential use by the Johnston family. Though it would not meet the required five acres minimum for residential lots in Middle Bay as identified in the Comprehensive Plan, the Commission's decision recognized that enlarging it would make it closer in size to the five acre requirement and there would be no change in the existing density nor the character of the surrounding area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Austerman, Friend, Fulp, Jeffrey, Kaplan, and Lynch. 2. Ordinance No. FY2012 -07 Rezoning an Unsubdivided Portion of Section 28, Township 29S Range 20 West Seward Meridian From C- Conservation To RR2 -Rural Residential Two Acres (Leisnoi, Inc.). FRIEND moved to adopt Ordinance No. FY2012 -07 in first reading to advance to public hearing at the next regular meeting of the Assembly. At its July 20, 2011 meeting, the Planning and Zoning Commission held an advertised public meeting on Case 11 -028, and recommended that the unsubdivided parcel be rezoned from C- Conservation to RR2 —Rural Residential Two Acres. If the rezone request was approved the parcel would be enlarged by combining it with an adjacent parcel known as the "Old Rendezvous Site" which had also been considered by the Assembly for rezoning. A single larger parcel (2.56 acres in size) would be created and this larger parcel would extend to the Chiniak Highway. This combination of two parcels into one larger parcel remained short of the minimum five -acre area requirement under the comprehensive plan for this neighborhood. The Commission's decision recognized that by enlarging the parcel, it came closer to meeting the area requirements and conformed to the comprehensive plan than if the parcels had not been joined. The Commission also recognized that this rezone action, as well as combining the two lots into one lot, would not increase the residential density that currently existed for the area. Kodiak Island Borough Assembly Minutes September 1, 2011 Page 964 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. 3. Ordinance No. FY2012 -08 Rezoning Property in Akhiok From RNC -Rural Neighborhood Commercial To PL- Public Use Lands. JEFFREY moved to adopt Ordinance No. FY2012 -08 in first reading to advance to public hearing at the next regular meeting of the Assembly. At its July 20, 2011 meeting, the Planning and Zoning Commission held an advertised public meeting on Case 12 -007 and recommended that the identified parcel be rezoned from RNC —Rural Neighborhood Commercial to PL— Public Use Lands. The Borough provided a "teacherage" (a dwelling unit) for the teacher and their family in Akhiok. The house was an older Pan Abode Cedar home. The Borough was in the process of fixing this structure including the removal of asbestos siding. It was discovered that it was presently in a zoning district that was not appropriate for the use. This change of zoning from RNC —Rural Neighborhood Commercial to PL— Public Use Lands would make this building and the Akhiok community building consistent with the zoning. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Austerman. Other Item 1. State of Alaska Alcoholic Beverage Control Board Application for a Restaurant Designation Permit for the Roads End, Chiniak, Alaska, License No. 5100 (Applicants: Janice & Norman Botz). JEFFREY moved to approve the State of Alaska Alcoholic Beverage Control Board Application for a Restaurant Designation Permit for the Roads End, Chiniak, Alaska, License No. 5100 (Applicants: Janice & Norman Botz). The Roads End filed an application for a Restaurant Designation Permit with the ABC Board that allowed access of persons under 21 years of age to the designated licensed premises for purposes of dining, and persons under the age of 19 for employment, pursuant to 15 AAC 104.715 -795 and AS 04.16.049. AAC, Title 13, Chapter 104 -725 (e) stipulated that an application for a new restaurant designation must be approved by the local governing body having jurisdiction over the area in which the licensed premises existed. Therefore, the ABC Board forwarded the application to the Borough for Assembly approval. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Austerman, and Friend. CITIZENS' COMMENTS None. Kodiak Island Borough Assembly Minutes September 1, 2011 Page 965 ASSEMBLY MEMBER COMMENTS Assembly member Stutes clarified the code revision process and emphasized that no approval of the revisions would take place prior to public hearings on the revisions. She asked the Manager about the status of the recycling program and asked that a deadline date be set. Assembly member Friend and Jeffrey commended the Kodiak High School students who had presented the crossing guard program to the Assembly at the work session of August 26, 2011, and commended those individuals who were manning the crosswalks. Assembly member Fulp thanked Assembly member Jeffrey for her work on the Assembly. Assembly member Jeffrey spoke on various community events that took place over the Labor Day weekend. Assembly member Kaplan spoke on the auditions that were taking place at the Kodiak High School for Les Miserables, encouraged local participation, and spoke in support of the production. Announcements Mayor Selby announced that the Borough offices would be closed on Monday, September 5, 2011, in observation of Labor Day. The Assembly and City Council would hold a Joint Work Session on Tuesday, September 13, 2011, at 7:30 p.m. in the Borough Assembly Chambers. The next Assembly work session would be held on Thursday, September 8, 2011, at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly was scheduled on Thursday, September 15, 2011, at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Austerman, Friend, and Fulp. The meeting was adjourned at 8:50 p.m. KODIAK ISLAND BOROUGH • ATTEST: JWrome M. Selby Mayor Nova M. Javier, MC, Borough Clerk Approved: October 6, 2011 Kodiak Island Borough Assembly Minutes September 1, 2011 Page 966