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05/07/2009 Regular MeetingKODIAK ISLAND BOROUGH Assembly Regular Meeting May 7, 2009 A regular meeting of the Kodiak Island Borough Assembly was held Thursday, May 7, 2009 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 Captain John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Pat Branson, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Community Development Director Bud Cassidy, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of March 19 and April 2, 2009 were approved under the consent agenda. AWARDS AND PRESENTATIONS Mayor Selby presented the May 2009 Student of the Month Award to Tuck Van Matre, a senior at Kodiak High School. Manager Gifford presented the Employee of the Quarter Award for the first quarter of 2009 to Eli Deardurff, Accounting Technician /Payroll in the Finance Department. Manager Gifford presented ten -year Longevity Awards to Jeff Johnson, Baler Operator I I for the Landfill and Marylynn McFarland, Deputy Clerk in the Clerk's office. Mayor Selby proclaimed the week of May 17 through May 23, 2009 as Emergency Medical Services Week with the theme "EMS: A Proud Partner in Your Community" and encouraged the community to observe this week with appropriate programs, ceremonies, and activities. Mayor Selby proclaimed the week of May 3 through May 9, 2009 as Municipal Clerk's Week and extended appreciation to municipal clerks for the vital services they perform. Mayor Selby proclaimed the month of May 2009 as Honoring Older Americans Month in Alaska, urging all citizens to honor older adults and those who care for them. Mayor Selby proclaimed the week of May 16 through May 22, 2009 as Safe Boating Week in support of the North American Safe Boating Campaign promoting safe boating and urged all those who boat to practice safe boating habits. Kodiak Island Borough Assembly Minutes May 7, 2009 Page 671 Mayor Selby proclaimed May 1, 2009 "Silver Star Banner Day", the permanent and official day to honor the wounded and ID soldiers of the Kodiak Island Borough and honoring the Silver Star Families of America's commitment to wounded members of the Armed Forces. CITIZENS' COMMENTS Janet Buckingham, Kodiak Island Convention and Visitor's Bureau Director, provided a quarterly report. Tom Abell spoke in support of Item No. 13.D.6 Approval of the Vacation of a 20 -Foot Utility Easement. Mike Martin, Brechan Enterprises, Inc. spoke on the issue of a delayed long -term gravel lease for asphalt extraction. Manager Gifford was asked to meet with Mr. Martin regarding the issue. COMMITTEE REPORTS Assembly member Kaplan gave an update on the Parks and Recreation Committee and the proposals that were received for the Trails Master Plan. Assembly member Fulp gave an update on the Kodiak College Council. Assembly member Friend provided an update on the actions of the Architectural Review Board. 95% drawings were approved for the Old Harbor Voc -Ed Remodel project. Assembly member Stutes reported that a Southwest Alaska Municipal Conference (SWAMC) meeting was scheduled for May 8, 2009. Assembly member Jeffrey gave an update on the Kodiak Fisheries Advisory Council. The next meeting was scheduled on May 15, 2009 at 9 a.m. at the Kodiak College. PUBLIC HEARING A. Ordinance No. FY2009 -19 Amending the Kodiak Island Borough Code of Ordinances Title 7 Elections. BRANSON moved to adopt Ordinance No. FY2009 -19. The ordinance was requested by the Assembly to make changes to the Election Code of the Kodiak Island Borough to bring it into compliance with existing laws. The Assembly met on Thursday, March 26, 2009 and reviewed the code revisions in the ordinance. The ordinance was also reviewed by the Borough Attorney for compliance. After public hearing and adoption, the ordinance would be sent to the Department of Justice (DOJ). Upon approval by DOJ, changes would be implemented for the 2009 local Municipal Election. Mayor Selby opened the public hearing. Seeing and hearing none, Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. Kodiak Island Borough Assembly Minutes May 7, 2009 Page 672 BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • There was continued monitoring of the pandemic (swine) flu. A report issued determined no confirmed cases within the state of Alaska. • Received a news release from Alaska Municipal League (AML) Investment Pool in which the Borough invests approximately $32 million. The AML Investment Pool received a top rating of AAAM for its principal stability and government investment pools. The Pool is used for investing in short-term funds. • Fire Protection Area No. 1 Board would hold a ground breaking ceremony for the Bayside Fire Station Addition on Monday, May 11, 2009 at 7 p.m. In celebration of the Emergency Medical Services week, the City of Kodiak, U.S. Coast Guard, Bayside, and Womens Bay Fire Stations would have a booth available at the upcoming Crab Festival, May 21 -25. • The annual Spring Clean -up and Household Hazardous Waste programs were successful. The amounts of wastes collected were significant compared to the previous year. The junk car removal program was also successful. • Information on the Legislative report from Borough Lobbyist Mark Hickey was provided. • An update on construction projects: The New Kodiak Pool project was 75% complete with final completion scheduled in August 2009. Seismic upgrade projects for schools were to begin during the summer. The Community Health Clinic project was 85% complete, with completion scheduled in June 2009. The Bayside Fire Station Addition project would start mid -May, with completion scheduled in October 2009. Old Harbor Gym Renovation 95% drawings were approved. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby thanked the community for its participation and effort in the Spring Clean -up program. UNFINISHED BUSINESS — None. NEW BUSINESS Contracts 1. Contract No. FY2009 -17 with Wolverine Construction for the East Elementary Heating and Ventilation Upgrades and Window Replacement. FRIEND moved to authorize the Manager to execute Contract No. FY2009 -17 with Wolverine Construction of Wasilla, Alaska for the East Elementary Heating and Ventilation Upgrades and Window Replacement in an Amount Not to Exceed $543,123. The contract was for the heating, ventilation, and seismic upgrades of the windows in the oldest wing of East Elementary school as shown on construction documents prepared by Jensen Yorba Lott, Inc. The construction documents, bid documents, and associated addenda were made available for review. Included was additional work identified as Alternative 1 which included the replacement of windows and repair of rotted framing located in the newer wing of the building. The project was funded in part by a FEMA HMGP Grant in the amount of $138,606 for the seismic upgrade to the windows and a voter approved bond issue in the amount of $520,000. Bids were received in response to the Borough's invitation to bid dated March 16, 2009. Wolverine Construction of Wasilla, AK was the low bidder for the project. Kodiak Island Borough Assembly Minutes May 7, 2009 Page 673 ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. 2. Contract No. FY2009 -18 with Control Contractors, Inc. as a Sole Source Provider /Installer of Barber - Colman HVAC Controls for the KHS HVAC Upgrades. This item was approved under the consent agenda. Bond project 05012, Kodiak High School (KHS) HVAC upgrade included the HVAC controls in the KHS auditorium and gym. The scope of work included installation of NW8000 DDC controls with Universal Network Controller for remote web access control and monitoring including emailing alarms based upon and keeping with the Borough and School District "standard ". The Barber Colman DDC controls were installed in the Borough school facilities, Kodiak Fisheries Research Center, and the hospital and continued to be maintained and supported through a networked control system installed and managed by Control Contractors, Inc. The use of a sole source preferred product, Barber - Colman Controls, and a sole source contractor, Control Contractors, Inc. of Anchorage, was in place for many years due to the standardization of products, installation, maintenance, and support services which allowed for the efficient handling of the facilities' integrated mechanical control systems. The Department of Early Education and Development (DEED) approved the use of a sole source contractor /product for these bond projects. A scope of work and quotation of $232,500 was received from Control Contractors, Inc. for the conversion of the existing pneumatic controls in the mechanical rooms at the KHS and auditorium. 3. Contract No. FY2006 -39C Amending Contract No. FY2006 -39 Solid Waste Collection with Alaska Pacific Environmental Services of Anchorage, LLC, dba Alaska Waste. JEFFREY moved to authorize the Manager to execute Contract No. FY2006 -39C with Alaska Pacific Environmental Services of Anchorage, LLC, dba Alaska Waste of Anchorage, AK as a unit cost contract for the period of July 1, 2009 to June 30, 2010. The Kodiak Island Borough provides solid waste collection services for residents located on the road system in Kodiak. A new solid waste collection contract was entered into with Alaska Pacific Environmental Services Anchorage, LLC dba Alaska Waste on July 1, 2006. The contract provided for extending the term of the agreement in two one -year increments. This proposal would extend the contract term to June 30, 2010. Amendment No. 3 of the contract reflected a negotiation with AK Waste to reduce the Year Two Option by $50,000. The expected increase would be approximately $410,000. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. Resolutions 1. Resolution No. FY2009 -30 Approving the Proposed Additions for Inclusion in the Existing Payment in Lieu of Tax Agreement (PILT) with the Kodiak Island Housing Authority for Certain Properties. This item was approved under the consent agenda. The resolution approved the proposed additions for inclusion in the existing PILT agreement with the Kodiak Island Housing Authority for certain properties. The proposed additions would allow for current owners to safely house their expanded families in a healthy environment, and would therefore increase the value of the properties for the tax roll. Kodiak Island Borough Assembly Minutes May 7, 2009 Page 674 The following properties were included in the agreement with KIHA: Subdivision Lot Block Karluk 5 1 Old Harbor Townsite 5 9 Akhiok Townsite 6 -E 2 Katmai Hills 4 Port Wakefield 2 3 Ordinances for Introduction 1. Ordinance No. FY2009 -20 Rezoning Lot 7, Block 11, Ouzinkie Townsite Subdivision From R1- Single Family Residential To B- Business (P&Z Case 09 -014). JEFFREY moved to adopt Ordinance No. FY2009 -20 in first reading to advance to public hearing at the next regular Assembly meeting. The Ouzinkie Native Corporation requested the rezone of Lot 7, Block 11, Ouzinkie Townsite Subdivision in order to allow for the re- development of the site with newer office and storage buildings to support the continuation of the uses at this location. The uses and structures were nonconforming since June 5, 1980, perhaps even going back to 1977 when all land within the corporate limits of the City of Ouzinkie were zoned R1- Single Family Residential. After holding a public meeting on March 18, 2009, the Commission unanimously approved recommending to the Borough Assembly that Lot 7, Block 11 be rezoned from R1- Single - Family Residential to B- Business. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. Other Items 1. State of Alaska Alcoholic Beverage Control Board Application for Restaurant Designation Permit for the Olds River Inn, 32233 Pasagshak Road, Kodiak, AK 99615 (Licensee: Circle B, LLC).This item was approved under the consent agenda. The Olds River Inn filed a restaurant designation application with the Alcoholic Beverage Control (ABC) Board that would permit persons under sixteen years of age to dine there if accompanied by anyone twenty -one years of age or older and would authorize each establishment to employ persons between sixteen and nineteen years of age to serve food and bus tables. Alaska Administrative Code, Title 13, Chapter 104.725 (e) stipulates 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 exists; therefore, the ABC Board forwarded the application to the Borough for Assembly approval. The Assembly approved the State of Alaska Alcoholic Beverage Control Board Application for a Restaurant Designation Permit for the Olds River Inn, 32233 Pasagshak Road, Kodiak, AK 99615 (Licensee: Circle B, LLC). Kodiak Island Borough Assembly Minutes May 7, 2009 Page 675 2. Declaring a Seat on the Monashka Bay Road Service Area Board Vacant. This item was approved under the consent agenda. Mr. Jim McCullough submitted a letter of resignation from the Monashka Bay Road Service Area Board effective April 1, 2009. The Assembly accepted, with regret, the resignation of Mr. Jim McCullough for a term to expire October 2010 from the Monashka Bay Road Service Area Board and directed the Borough Clerk to advertise the vacancy per Borough Code. 3. Declaring a Seat on the Planning and Zoning Commission Vacant. This item was approved under the consent agenda. Mr. Jascha Zbitnoff submitted a letter of resignation from the Planning and Zoning Commission effective April 15, 2009. The Assembly accepted, with regret, the resignation of Mr. Jascha Zbitnoff for a term to expire December 31, 2011 from the Planning and Zoning Commission and directed the Borough Clerk to advertise the vacancy per Borough Code. 4. Confirmation of the Assembly Appointment to the Service Area No. 1 Board. KAPLAN moved to confirm the Assembly appointment of Mr. Rick Ryser to the Service Area No. 1 Board for a term to expire October 2010. The Service Area No. 1 Board met on April 14, 2009 to review applications received for the vacant seat term to expire 2010. Mr. Rick Ryser submitted his application to the Service Area No. 1 Board on March 11, 2009 and was the sole applicant. The Board recommended the appointment of Mr. Ryser to the vacant seat for a term to expire October 2010. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Friend, Fulp, and Jeffrey. 5. Declaring a Seat on the Womens Bay Service Area Board Vacant. This item was approved under the consent agenda. Mr. Craig Breitung submitted a letter of resignation from the Womens Bay Service Area Board effective April 21, 2009. The Assembly accepted, with regret, the resignation of Mr. Craig Breitung for a term to expire October 2010 from the Womens Bay Service Area Board and directed the Borough Clerk to advertise the vacancy per Borough Code. 6. Assembly Approval of the Vacation in Accordance With KIBC 16.60.060 of the North 10- Foot Portion of a 20 -Foot Utility Easement on Lot 21, Block 11, Woodland Acres 7th Addition. BRANSON moved to approve the vacation of a 10 -foot portion of a 20 -foot utility easement on Lot 21, Block 11, Woodland Acres 7th Addition subject to the five conditions of approval. The petitioner requested the vacation of half of the 20 -foot utility easement due to improvements (covered deck and banya) constructed within the easement. The petitioner held that the easement was of no use to the utility companies. The utility companies were contacted and confirmation was received (by those that responded) that the easement was of no use. At its April 15, 2009 regular meeting, the Planning and Zoning Commission agreed with the request and recommended approval of the Assembly based on the following conditions of approval: Kodiak Island Borough Assembly Minutes May 7, 2009 Page 676 a. In accordance with KIBC 16.60.060, a vacation would be forwarded to the Kodiak Island Borough Assembly. b. The petitioner would submit an abbreviated plat depicting the approved vacation in order to complete the easement vacation process. c. The petitioner would obtain a zoning compliance permit for the attached, enclosed rear porch prior to final recording. d. The petitioner would obtain a building permit and a final inspection report for the attached enclosed rear porch prior to recording. e. The petitioner would relocate the detached banya to a verifiable legal location prior to recording. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Friend, Fulp, Jeffrey, and Kaplan. 7. Assembly Approval of a Vacation in Accordance With KIBC 16.60.060 to Allow a Reduction in Width for an Existing 50 -foot "Easement for Salmon Stream" as Depicted on Plat 2006 -13, Essentially Creating a 50 -foot Buffer Area Along Both Sides of Panamaroff Creek, to be Reduced in Width to 20 -feet on Both Sides of Panamaroff Creek, a Reduction of 30 -Feet on Both Sides of the Creek (Lots 1, 2, and 3 of Panamaroff Creek Estates). STUTES moved to approve a partial vacation of an "easement for salmon stream" up to a maximum of 15 -feet on Lot 3, Panamaroff Creek Subdivision as depicted on the map approved by the Planning and Zoning Commission at its April 15, 2009 regular meeting. At its February 25, 2009 regular meeting, the Planning and Zoning Commission held a public hearing on the request and postponed action until March 18, 2009. Alaska Department of Fish and Game (ADF &G) objected to the full extent of the proposed vacation and although the U.S. Army Corps of Engineers (USACOE) initially supported the proposal, they subsequently withdrew support for the request in favor of a compromise solution. The case was postponed for the purpose of obtaining additional information from the ADF &G and the USACOE. At its March 18, 2009 regular meeting, the Commission re -heard the case. No new information was available for review at that time and the case was postponed until the April 15, 2009 regular meeting when a compromise vacation was approved which allowed for a new building footprint on Lot 3 which would allow a maximum encroachment (vacation) of 15 -feet along the edge of the new building footprint. The easement compromise was approved by the applicant and the ADF &G and USACOE agencies in writing. The Commission did not approve the vacation as originally requested above, but did approve a portion of the vacation (up to 15 -feet on Lot 3) as depicted on the revised site plan submitted by the petitioner. In making its decision the Commission deferred to the agencies with the technical expertise and jurisdiction over wetlands and anadromous stream habitat. Assembly member Lynch declared a possible conflict of interest as the agent that presented the case although there was no financial interest in the decision. Mayor Selby ruled there was no conflict of interest. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Friend, Fulp, Jeffrey, Kaplan, and Lynch. CITIZENS' COMMENTS - None. Kodiak Island Borough Assembly Minutes May 7, 2009 Page 677 ASSEMBLY MEMBER COMMENTS Assembly member Branson reported she had received a call of interest for research into increasing the $150,000 property (senior) tax exemption which is a state unfunded mandate. 7:lerk Javier researched the matter and found that the Kenai Peninsula Borough was the only municipality that had raised the exemption to $300,000 and any change of the exemption would need to be made by a vote of the people. Assembly member Fulp expressed appreciation for the Kodiak Chamber of Commerce dinner held at the Golden Anchor and commended Manager Gifford for staying on top of the Brechan gravel lease. Assembly member Jeffrey urged young adults of Kodiak who had an interest in the future of the community to become involved with service area boards as stepping stones to future local government opportunities. She spoke on the importance of boating safety classes, especially during the summer boating activity area -wide. She announced that the Kodiak Maritime Museum would hold its annual fundraiser on May 9, 2009 at the Harbor Convention Center. Assembly member Friend spoke on the success of the Alaska Energy Rebate Program; less than half of the money appropriated for the Kodiak area had been spent to date. He urged citizens to sign up for the program at www.AHFC.us. Assembly member Lynch was happy to see that outlying communities, such as the City of Ouzinkie, were beginning to partake in development projects for their communities. Assembly member Stutes commented that she would support holding a special meeting to discuss the Brechan Inc. contract so that it can carry on with its business. Assembly members congratulated the various award and proclamation recipients, offered congratulations to the Kodiak High School and Kodiak College 2009 graduates, commended the community for its participation in the Annual Spring Clean -up program, and expressed support for a special meeting to address the Brechan gravel lease issue, if needed. Announcements Mayor Selby announced the Assembly would meet in a work session on Thursday, May 14, 2009 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, May 21, 2009 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. The meeting adjourned at 9:05 p.m. ATTEST Nova M. Javier, MC, Borough Clerk Kodiak Island Borough May 7, 2009 KODIAK ISLAND BOROUGH Je'ome M. Selby, Ma Approved: July 2, 2009 Assembly Minutes Page 678