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01/20/2011 Regular Meeting KODIAK ISLAND BOROUGH Assembly Regular Meeting January 20, 2011 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, January 20, 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 Sergeant Dave Blacketer of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members 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, Engineering and Facilities Director Woody Koning, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. KAPLAN moved to excuse Assembly member Austerman who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA JEFFREY moved to approve the agenda. JEFFREY moved to amend the agenda by adding Item 6.A Student of the Month for January 2011 and removing Item 6.0 Proclamations. ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Friend. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Mayor Selby presented the Student of the Month Award for January 2011 to Katie Strong, a senior at Port Lions School. Manager Gifford presented the Employee of the Quarter Award to Eddie Arellano, Maintenance Mechanic for the Engineering & Facilities Department. Manager Gifford presented a ten -year longevity award to Nova Javier, MMC, Borough Clerk in the Clerk's Office. Kodiak Island Borough Assembly Minutes January 20, 2011 Page 875 CITIZENS' COMMENTS None. COMMITTEE REPORTS Assembly member Kaplan reported on the Kodiak Island Borough School District (KIBSD) Budget Advisory Committee meeting. The KIBSD FY2012 draft budget had been issued and the deadline for the KIBSD Board of Education to approve the budget was April 30, 2011. Assembly member Kaplan announced the Solid Waste Advisory Board would meet on Wednesday, February 2, 2011, at 5:15 p.m. in the Borough Conference Room. Assembly member Friend reported on the Architectural /Engineering Review Board meeting held on Tuesday, January 18, 2011. Projects discussed were the Kodiak High School Old Pool Reclamation Project, Design and Estimation for the New Long -Term Care Facility, and the schedule for the public meetings regarding the Kodiak High School Renovation Project. • PUBLIC HEARING A. Ordinance No. FY2011 -10 Rezoning Lot 3, Block 1, Woodland Acres Subdivision - 3694 Rezanof Drive East, From RR —Rural Residential To B— Business (Painter Family Trust). KAPLAN moved to adopt Ordinance No. FY2011 -10. At its regular meeting of November 19, 2010, the Planning and Zoning Commission held a public hearing on Case 11 -008 Painter Family Trust. After the public hearing, the Commission found that a rezone from RR -Rural Residential to B- Business was justified in the context of surrounding development and the expressions of support from nearby residents. The Commission deferred the adoption of the findings of fact for this case until the following regular meeting on December 15, 2010. The Commission, in addition to finding the request consistent with the comprehensive plan, also provided certain recommendations to accompany this request regarding screening and concerns about traffic congestion. The Commission recommended approval of the zoning change. Forty -one public hearing notices were mailed on Friday, January 7, 2011. Public hearing notices returned to the Clerk's office were provided to the Assembly. Mayor Selby opened the public hearing. Christy Kinter, Brett Simpler, and Kathy Simpler spoke in opposition of Ordinance No. FY2011 -10. Maria Painter, Ron Painter, and Scott Arndt spoke in support of Ordinance No. FY2011 -10. Kodiak Island Borough Assembly Minutes January 20, 2011 Page 876 Mayor Selby closed the public hearing. Assembly members supported the rezone, commented on safety issues in the area, and were in support of reducing the speed limit along Rezanof Drive, specifically within the Mill Bay Road /Rezanof Drive intersection. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Friend, and Fulp. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • The Bayside Fire Station (BFS) was approved as a Fire Corp Site. BFS was the fourth station in Alaska to be approved for the program. • A free community child car seat check would be held on Saturday, January 22, 2011, 11 a.m. to 2 p.m. at the Bayside Fire Station. • The junk vehicle disposal activity report for the period of August 13, 2010 to January 10, 2011, was provided; 64 vehicles were disposed of during those months. • He would attend the AML/JIA board meeting on Monday, January 24, 2011. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby commended the Bayside Fire Station volunteers for their accomplishments. UNFINISHED BUSINESS None. NEW BUSINESS Contracts 1. Contract No. FY2011 -21 Architectural Design Services for the Kodiak High School Renovation Project. FRIEND moved to authorize the manager to execute Contract No. FY2011 -21 with Jensen Yorba Lott of Juneau, Alaska for the Architectural Design Services for the Kodiak High School Renovation Project in an amount not to exceed $5,134,067. The Borough solicited proposals to provide architectural /engineering services for the Kodiak High School Renovation and Addition Project in accordance with KIBC 3.30.070. Seven proposals were received, four firms were short- listed by the Architectural Review Board (ARB), and those four firms provided live presentations during public meetings. The four proposals and presentations were scored by the ARB and as a result, Jensen Yorba Lott was selected for negotiations. Staff negotiated scope, schedule, and price with Jensen Yorba Lott resulting in the proposed contract. Price negotiations employed Washington State's Guidelines for Determining Architect/Engineer Fees for Public Works Building Projects. Basic fees were calculated as a percentage of construction cost plus additional services required for each specific project. The basic services fee in the contract were set at 6.95% of the estimated construction cost after concepts were determined. Additional services for this project were estimated at $908,467. The current budgeted estimate for construction was $60,800,000. Total estimated Kodiak Island Borough Assembly Minutes January 20, 2011 Page 877 NE fee was estimated at $5,014,393. Proposed funding source was Ordinance No. FY2010 -03 General Obligation Bond. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Friend, Fulp, and Jeffrey. Resolutions None. Ordinances for Introduction 1. Ordinance No. FY2011 -11 Amending Title 2 Administration And Personnel Chapter 2.20 Borough Mayor Section 2.20.040 Duties and Chapter 2.25 Borough Assembly By Instituting Section 2.25.040 Representation Of Assembly Position to Require Assembly Discussion or Approval Before Stating or Announcing the Position of the Borough in Any Written or Electronic Communication or Giving Testimony Before Any Legislative or Regulatory Body as a Representative of the Kodiak Island Borough. STUTES moved to adopt Ordinance No. FY2011 -11 in first reading to advance to public hearing at the next regular meeting of the Assembly. This ordinance would amend KIBC 2.20.040 and institute KIBC 2.25.040 requiring both the Borough Mayor and Assembly members to obtain Assembly approval before stating or announcing the position of the Borough on any given issue in writing or electronic form to avoid or reduce the potential for confusion and misunderstanding. This ordinance was requested by Assembly member Stutes. It was placed on the agenda on November 4, 2010, addressing Mayoral communication only. During packet review, the Assembly gave direction to the Clerk to address assembly members also. The revised ordinance was sent to the Borough attorney for legal review and there was no objection to the proposed revisions. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Friend, Fulp, Jeffrey, and Kaplan. Other Items None. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly members congratulated awards recipients and encouraged the community to participate in the Kodiak High School Renovation Project by providing public input. Assembly member Stutes congratulated Bayside Fire Station volunteers for their accomplishments. Kodiak Island Borough Assembly Minutes January 20, 2011 Page 878 Assembly member Lynch was glad to be moving forward with Contract No. FY2011 -21. Assembly member Jeffrey noted that she had received calls regarding Borough land to be sold. Manager Gifford stated that potential parcels would soon be identified and then provided to the Assembly for approval. Announcements Mayor Selby announced the Borough Assembly and the City Council would meet in a Joint Work Session on Tuesday, January 25, 2011, at 7:30 p.m. in the Borough Assembly Chambers. The next Assembly work session would be held on Thursday, January 27, 2011, at 7:30 p.m. in the Borough Conference Room and the next regular meeting of the Assembly was scheduled on Thursday, February 3, 2011. ADJOURNMENT FRIEND moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Friend, Fulp, Jeffrey, Kaplan, and Lynch. The meeting adjourned at 8:37 p.m. KODIAK ISLAND BOROUGH • ATTEST: Je M. S: - .u.yor Nova M. Javier, M C, Borough Clerk Approved: March 3, 2011 Kodiak Island Borough Assembly Minutes January 20, 2011 Page 879