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10/03/2013 Regular Meeting C KODIAK ISLAND BOROUGH Assembly Regular Meeting 111 October 3, 2013 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, October 3, 2013, 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 Michael Bates of the Salvation Army. Deputy Presiding t Officer Lynch led the Pledge of Allegiance. Present were Deputy Presiding Officer Chris Lynch, Assembly members Carol Austerman, Tuck Bonney, Aaron Griffin, Dave Kaplan, Mel Stephens, and Louise Stutes. Staff members present were Borough Manager Bud Cassidy, Engineering and Facilities Department Acting Director Bob Tucker, Engineering and Facilities Department Construction Manager Dave Conrad, Clerk Nova Javier, and Deputy Clerk Jessica Kilborn. KAPLAN moved to excuse Mayor Selby who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA AUSTERMAN moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Deputy Presiding Officer Lynch proclaimed the Month of October 2013 as Fire Prevention Month in Kodiak, and encouraged all citizens to participate in fire prevention activities at home, work, and school and to practice the 2013 theme "Prevent Kitchen Fires, Get Cookin' With Fire Safety". Deputy Presiding Officer Lynch proclaimed the Month of October 2013 as Domestic Violence 0 Awareness Month in Kodiak and encouraged all citizens of Kodiak to actively support and participate in the ongoing programs designed to reduce and eventually eliminate violence as a social problem. CITIZENS' COMMENTS Scott Arndt, Dennis Symmons, and Dave Anderson spoke on Resolution No. FY2014-12. 1 Lenny Roberson spoke to dumpster issues in the community. Karen Yashin thanked the Assembly for its continued support for the Kodiak Animal Shelter. Kodiak Island Borough Assembly Minutes October 3, 2013 Page 1271 ,i Vicky Jo Kennedy spoke on the logging storage issues along Sargent Creek road and at the Lash Dock in Womens Bay and urged Lesinoi and Koniag entities to work together with A-1 Timber to locate new logging storage areas. She also spoke against the proposed zoning designation in Monashka Bay from Rural Residential to Suburban zoning districts, as was based on the code revision project. Judi Kidder spoke on borough residents being charged city sales tax through ACS and GCI. Betty MacTavish spoke to "Common Core" standards adopted for school districts throughout the State of Alaska. COMMITTEE REPORTS Assembly member Kaplan reported on efforts of the Kodiak College and Humane Society of Kodiak. Assembly member Austerman reported on the Providence Joint Community meeting held on Tuesday, September 24. PUBLIC HEARING A. State of Alaska Alcoholic Beverage Control Board New Liquor License Application for the Navigator Lounge Beverage Dispensary-Tourism. (Licensee/Applicant: Allstar Alliance Company). BONNEY moved to voice non-protest to the State of Alaska Alcoholic Beverage Control Board for a New Liquor License application for a beverage dispensary-tourism at the Navigator Lounge (Licensee/Applicant: Allstar Alliance Company). The application was for a new beverage dispensary-tourism liquor license at the Navigator Lounge. The Clerk's office followed the procedures in KIBC 5.01.030 New license and transfer procedure. Public hearing notices were mailed to twelve landowners, and no responses were received. Deputy Presiding Officer Lynch opened the public hearing. George Gatter spoke in support of the new liquor license for the Navigation Lounge. Deputy Presiding Officer Lynch closed the public hearing. �� ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin, Kaplan, Lynch, Stephens, and Stutes. B. Ordinance No. FY2014-08 Rezoning Lots 1,2,3,4, and 5A, Block 14, Aleutian Homes Subdivision From R1-Single Family Residential To R3-Multi Family Residential (P&Z Case No. 14-001). Li I KAPLAN moved to adopt Ordinance No. FY2014-08. Kodiak Island Borough Assembly Minutes October 3, 2013 Page 1272 a The applicant requested a rezone of these parcels in order to allow a more intensive residential use of the property than allowed under the current R1-Single-Family Residential zoning designation. The applicant's targeted residential client base projected to be drawn from referrals through local non-profit agencies serving low income and under-served populations. The conversion of existing housing stock to accommodate a growing demand for affordable housing was an investment in the community and the human resources composing that community. The Commission held a public hearing on August 21, 2013 on the request and found the request was consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. The Commission voted unanimously to recommend that the Assembly approve the rezone request. Seventy-four public hearing notices were sent out by the Clerk's Office on Friday, September 20, and no responses were received. Deputy Presiding Officer Lynch opened the public hearing. Dave Nesheim spoke in support of Ordinance No. FY2014-08. Deputy Presiding Officer Lynch closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Stephens, Stutes, and Austerman. BOROUGH MANAGER'S REPORT Manager Cassidy reported on the following: • He would attend the Seismic Hazard Safety Commission meeting on Monday, October 7 and Tuesday, October 8. • A letter of resignation was received from Engineering and Facilities (E/F) Department Director Woody Koning. • Local NOAA offices and long-term experimental projects were being affected by the government shutdown at the Kodiak Fisheries Research Center. MESSAGES FROM THE BOROUGH MAYOR (Deputy Presiding Officer Lynch) None. UNFINISHED BUSINESS A. Resolution No. FY2014-12 Adopting a Capital Improvement Projects Priority List for the 2014 State Legislative Session. The resolution was postponed from the September 19, 2013 regular meeting. In accordance with KIBC 2.40.030(E), the Planning and Zoning Commission reviewed and updated a list of project priorities for the Borough Capital Improvement Program (CIP) for FY2014-2018. The Commission was required to make a recommendation to the Assembly by resolution and deliver that recommendation no later than October 1st of each year. ._1 The Commission reviewed last year's resolution and took into account those projects which had been funded since that time. In addition, the Commission received input from the City of Kodiak, 0 Kodiak Island Borough Assembly Minutes October 3, 2013 Page 1273 the Borough Parks and Recreation Committee, and the Ouzinkie Native Corporation and provided available opportunities for input by the general public. At its August 21, 2013 regular I 1 meeting, the Commission reviewed the input received and adopted P&Z Resolution No. FY2013-02, establishing a revised and updated list of project priorities for the CIP FY2014- 2018, and the resolution was forwarded to the Assembly for its consideration. The resolution compiled the list of capital improvement priority projects discussed by the Commission. The goal was to complete a list early so that projects could be considered by the different state agencies with the aim to be included in the Governor's Capital Budget. The adopted list would be forwarded to the legislative delegation, the Governor, and any state agencies that would have oversight and/or involvement in the project. STEPHENS moved to amend Resolution No. FY2014-12, by renumbering Item No. 6 Service Area Road and Paving Improvements as Item No 3. ROLL CALL VOTE ON MOTION TO AMEND CARRIED SIX TO ONE: Kaplan, Lynch, Stephens, Stutes, Austerman, and Bonney (Ayes); Griffin (No). ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED FIVE TO TWO: Kaplan, Lynch, Austerman, Bonney, and Griffin (Ayes); Stephens and Stutes (Noes). NEW BUSINESS Contracts A. Approval of Change Order No. 9 Amending Contract No. FY2012-21 Landfill Lateral Expansion Phase II. AUSTERMAN moved to authorize the manager to execute Change Order No. 9 Amending Contract No. FY2012-21 Landfill Lateral Expansion Phase II with Brechan Enterprises, Inc. of Kodiak, Alaska in an amount not to exceed $1,044,026. The provided change order and backup included the following changes to the Landfill Lateral Expansion Project Phase II construction contract. The funding was in place to cover the costs associated with the change order. 1. Perimeter Road Leachate Piping and Manhole Realignment — Improved long-term maintenance and access to the leachate collection and conveyance systems. 2. Storm Water Control and Stream Diversion — Engineered control measures for the handling of the normal stream flows and increased storm water control measures along the northeast boundary of the Landfill property. 3. Credit for the reduction of Cell 1 Pipe Concrete Encasement and Support— Relocation of the pipe alignment within the Cell 1 area allowed for the use of existing rock substrate, reducing the original estimated quantity of concrete needed. 4. Credit for On Site Rock Production — The ability of the contractor to be allowed to produce required drain rock on site with existing materials to specification eliminated the 1 need to import rock from off site. LI The Monashka Bay Road Service Area Board met on Wednesday, October 2 to discuss the E/F Department's request to approve the plan to encroach into the Monashka Bay Greenbelt C Kodiak Island Borough Assembly Minutes October 3, 2013 Page 1274 0 overlay, located next to the Landfill. A recommendation of the Board regarding Change Order No. 9 was provided to the Assembly. J ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Lynch, Stutes, Austerman, Bonney, Griffin, and Kaplan (Ayes); Stephens (No). B. Contract No. FY2014-17 Kodiak Island Borough and City of Kodiak Animal Control Services Agreement. 0 GRIFFIN moved to authorize the manager to execute Contract No. FY2014-17 with the City of Kodiak to provide animal control services in the borough for the period beginning October 1, 2013 to June 30, 2014 in the amount of $82,061.25. The Borough and the City of Kodiak jointly funded the animal control program. The City provided the officer (including management of the position which included payroll, evaluation, and training), the vehicle (including maintenance), and contracts with the Humane Society to operate the animal shelter. In the past the City and Borough shared one Animal Control Officer (ACO) who patrolled the city limits as well as the remainder of the road system outside city limits. With Contract No. FY2014-17 a second ACO would be hired. Between the two positions, service was expanded to seven days a week, 8 a.m. to 8 p.m. Should this have been a contract that ran a full year, it would have increased from the $84,125 (that had been the historical cost) to $109,415 per year. The increase resulted from what was to be a back log of service required, as well as a general increase of salaries and city overhead. Prorating the annual cost to nine months (October to June) the contract would be $82,061.25. The contract would not go into — effect until November 1. ROLL CALL VOTE ON MOTION CARRIED SIX TO ONE: Stutes, Austerman, Bonney, Griffin, Kaplan, and Lynch (Ayes); Stephens (No). Resolutions A. Resolution No. FY2014-14 Disposing of a Portion of Tract B Miller Point Alaska Subdivision of Approximately 15,246 Square Feet of Borough Land (Case 13-031) to an Adjacent Property Owner Per KIBC Section 18.10.030. GRIFFIN moved to adopt Resolution No. FY2014-14. The applicant of Planning and Zoning Commission Case No. 13-031 applied for a disposal of Borough lands, by direct negotiation according to KIBC 18.20.120(A), for the purpose of residential development. At the preliminary stage of review typically all that was required was a determination by the Assembly that the land identified for disposal in the review was surplus to the Borough's (public's) need. Upon the Assembly's approval that the land was surplus to the Borough's needs, the applicant would be responsible for surveying, appraisal, and rezoning of the property. There was no adopted plan guidance indicating a need for the lands reviewed in the case to be retained for any particular public purposes. Upon approval by the Assembly of the disposal of the parcel, an additional zoning review would be required before the parcel would be considered fit for residential development. The Commission held a public hearing on the request and found Kodiak Island Borough Assembly Minutes October 3, 2013 Page 1275 �.J the request was consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Austerman, Bonney, r, Griffin, Kaplan, Lynch, and Stephens. Ordinances for Introduction None. (� Other Items ` ) 1. Declaring a Seat Vacant on the Personnel Advisory Board (Perry Page). This item was approved under the consent agenda. On September 20, 2013 the Clerk's Office received notification of Mr. Perry Page's resignation from the Personnel Advisory Board. The Assembly accepted, with regret, the resignation of Mr. Page from the Personnel Advisory Board for a seat term to expire December 2013, and directed the Borough Clerk to advertise the vacancy per Borough Code. 2. Assembly Appointment to the Monashka Bay Road Service Area Board (Louise Stutes). This item was approved under the consent agenda. Ms. Stutes was the only applicant for a vacant seat Monashka Bay Road Service Area Board (MBRSA). The other two seats on the board were up for reelection in October 2013. The MBRSA board met on September 25, and the Chairperson advised the Clerk of the Board's recommendation to appoint Ms. Stutes to the Board. The Assembly confirmed the appointment of Ms. Louise Stutes to the Monashka Bay Road Service Area Board for a term to expire October 2015. Executive Session 1. Borough Clerk's Performance Evaluation KAPLAN moved to convene into executive session to discuss the Borough Clerk's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice her reputation or character. Deputy Presiding Officer Lynch invited the Assembly members and Clerk to join in the executive session. (�� After the vote, Deputy Presiding Officer Lynch recessed the regular meeting at 8:55 p.m. and `-� convened the executive session. Upon returning from the executive session, Deputy Presiding Officer Lynch reconvened the regular meeting at 9:25 p.m. - 1 AUSTERMAN moved to keep the Clerk's salary at Range 24, Step M pending contract verification and to approve a merit award of$1500. Kodiak Island Borough Assembly Minutes October 3, 2013 Page 1276 C ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Griffin, Kaplan, Lynch, Stephens, Stutes, and Austerman. [ 1] CITIZENS' COMMENTS None. ASSEMBLY MEMBERS' COMMENTS Assembly members Bonney, Stephens, and Stutes spoke on issues with the current dumpster service. Assembly member Stephens expressed a need to fix the Chambers sound system. He addressed the issue of Borough residents being charged City sales tax by GCI and ACS. Assembly member Bonney spoke to the option of property development in the Nemetz area for Coast Guard housing. Assembly member Kaplan announced a robotic demonstration would be held at the Kodiak College, Friday, November 1 in the Kodiak Room. Assembly member Austerman commended the Borough Clerk for her hard work for the Assembly. She addressed the Chambers sound system issue. She reminded citizens to switch ( batteries in smoke detectors as October was Fire Prevention Month. Assembly member Griffin spoke on the Alaska Common Core program for state-wide school districts. Announcements — Deputy Presiding Officer Lynch The next Assembly work session was scheduled on Thursday, October 10, at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, October 17, at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT GRIFFIN moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Kaplan, Lynch, Stephens, Stutes, Austerman, and Bonney. The meeting was adjourned at 9:30 p.m. KODI K IS NDB RO CH ATTEST: Frieric4ayor Nova M. Javier, MMC, orough Clerk Approved on: November 7, 2013 Kodiak Island Borough Assembly Minutes October 3, 2013 Page 1277