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1986-03-06 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting March 6, 1986 A regular meeting of the Kodiak Island Borough Assembly was held March 6, 1986, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:32 p.m. (A verbatim record is on file in the Clerk's •� office). There were present: Lorne white, Presiding Alan Austerman Ann Barker Eric Blankenburg Ken Gregg Edward Naughton Absent: Donnell Rounsaville (Excused) comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Gaye Vaughan, Borough Clerk Shirley Berns, Deputy Borough Clerk APPROVAL OF AGENDA GREGG, seconded by NAUGHTON MOTION CARRIED MINUTES OF PREVIOUS MEETINGS GREGG, seconded by NAUGHTON NO OBJECTION, SO ORDERED APPROVAL OF MINUTES OF OTHER MEETINGS moved to approve agenda as presented. Unanimous voice vote moved to approve minutes of the regular meeting of February 6, 1986. A. K.I.B. School District - Regular - January 27, 1986 K.I.B. School District - Special - January 31, 1986 K.I.B. School District - Special - February 12, 1986 K.I.B. School District - Special - February 20, 1986 B. K.I.B. Planning and Zoning Comm - Reg - January 15, 1986 C. Architectural Review Board Meeting - January 29, 1986 D. Womens Bay Service District Meeting - Reg - January 9, 1986 GREGG, seconded by NAUGHTON NO OBJECTION, SO ORDERED COMMUNICATIONS & APPEARANCE A. Boards and Commissions NO ACTION REQUIRED moved to acknowledge receipt of items A through D. B. K.I.B. School District Financial Report - January, 1986 GREGG, seconded by NAUGHTON NO OBJECTION, SO ORDERED moved to acknowledge receipt. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES COMMUNICATIONS & APPEARANCES FINANCIAL REPORTS Kodiak Island Borough Regular Assembly Meeting March 6, 1986 C. K.I.B. Financial Report - February, 1986 GREGG, seconded by NAUGHTON moved to acknowledge receipt. NO OBJECTION, SO ORDERED D. Approval of Judges for Special Election of March, 1986 GREGG, seconded by NAUGHTON moved to approve appointment of election judges. NO OBJECTION, SO ORDERED E. Renewal of a Lease with the Chiniak Public Library Assn NAUGHTON, seconded by AUSTERMAN VOTE ON MOTION TO RENEW Ayes: Noes: moved to renew lease with Chiniak Public Library for three years. Austerman, Barker, Blankenburg, Gregg, Naughton, White, None MOTION CARRIED Unanimous F. Resignation of Assemblymember Donnell Rounsaville. .—. AUSTERMAN, seconded by MOTION CARRIED * * * BOARD OF ADJUSTMENT * * * moved to accept resignation and advertise for replace- ment to serve until next regular election. Unanimous voice vote An appeal by Wilton White of the P & 2 Commission's decision to approve Final Subdivision of a Portion of Unsubdivided U.S. Sur- vey 1396; to Lakeview Subdivision, Lots 1-18. (Len Grothe - applicant) Resolution 85-102-R (Tabled from November Meeting) The presiding officer recessed the regular assembly meeting and reconvened the board of adjustment. AUSTERMAN, moved to remove Resolution seconded by NAUGHTON No. 85-102-R from table. MOTION CARRIED Unanimous voice vote The presiding officer noted that members of the audience had indicated a desire to speak to this matter. The mayor stated that both parties had agreed to allow the other to speak earlier in the day. BARKER, seconded by BLANKENBURG VOTE ON MOTION Ayes: Noes: MOTION FAILED moved to allow additional testimony. Barker, Blankenburg, Gregg Naughton, Austerman, White 3 Ayes, 3 Noes FINANCIAL REPORT (continued) APPROVAL OF ELECTION JUDGES LEASE RENEWAL CHINIAK PUBLIC LIBRARY RESIGNATION OF ASSEMBLYMEMBER BOARD OF ADJUSTMENT - WHITE APPEAL 2 Kodiak Island Borough Regular Assembly Meeting March 6, 1986 VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Blankenburg, Gregg, Naughton, Austerman Barker, White 4 Ayes, 2 Noes It was noted that the resolution adopted affirmed Planning and Zoning Commission's decision. The presiding officer adjourned the board of adjustment and re- convened the regular assembly meeting. PUBLIC BEARINGS (Village Telephone Number 486-5736) A. Ordinance No. 86-06-0 To Determine the Disposition of Tax Foreclosure Properties. BARKER, seconded by NAUGHTON moved to adopt Ordinance No. 86-06-0. The presiding officer called for public testimony; there being none, public hearing was closed. MOTION CARRIED Unanimous voice vote B. Ordinance No. 86-09-0 Regarding the Establishment of General Procedures and Reimbursable Limits in Relation to Moving Expenses for New Employees. NAUGHTON, seconded by AUSTERMAN moved to adopt Ordinance No. 86-09-0. The presiding officer called for public testimony; there being none, public hearing was closed. AUSTERMAN, seconded by MOTION TO AMEND CARRIED moved to amend by inserting ..not to exceed the equivalent of one month's salary" at the end of "B". Unanimous voice vote MAIN MOTION AS AMENDED CARRIED Unanimous voice vote C. Ordinance No. 86-10-0 Amending Chapter 2.16.130, Order of Business. GREGG, seconded by moved to adopt Ordinance No. 86-10-0. The presiding officer called for public testimony; there being none, public hearing was closed. seconded by GREGG MOTION TO AMEND CARRIED moved to amend by deleting "Comments limited to five minutes" after No. B. Unanimous voice vote MAIN MOTION AS AMENDED CARRIED Unanimous voice vote BOARD OF ADJUSTMENT (continued) PUBLIC HEARINGS ORDINANCE NO. 86-06-0 ORDINANCE NO. 86-09-0 ORDINANCE NO. 86-10-0 3 Kodiak Island Borough Regular Assembly Meeting March 6, 1986 D. Ordinance No. 86-11-0 Rezoning the Woodland Acres Subdivi- sion Area. AUSTERMAN, moved to adopt Ordinance seconded by GREGG No. 86-11-0. Linda Freed, Community Development Director, reminded the assem- bly that this is merely a housekeeping measure to bring into line the ordinances and the official map which was approved by resolu- tion rather than ordinance in 1980. The presiding officer called for public testimony; there being none, public hearing was closed. MOTION CARRIED Unanimous voice vote E. Ordinance No. 86-12-0 Rezoning the Alderwood Subdivision Area. BARKER, seconded by AUSTERMAN moved to adopt Ordinance No. 86-12-0. Ms. Freed pointed out that this ordinance was also a housekeeping measure as the previous one. The presiding officer called for public testimony; there being none, public hearing was closed. OLD BUSINESS A. Ordinance No. 86-01-0 Amending the Schedules Relating to Pay Ranges and Class Titles for Employees of the KIB and Provid ing an Effective Date. NAUGHTON, moved to remove Ordinance seconded by AUSTERMAN No. 86-01-0 from table. MOTION CARRIED AUSTERMAN, seconded by NAUGHTON MOTION CARRIED MAYOR'S REPORT GREGG, seconded by NAUGHTON MOTION CARRIED GREGG, seconded by NAUGHTON Unanimous voice vote moved to table Ordinance No. 86-01-0. Unanimous voice vote moved to accept March meeting schedule. Without objection moved to acknowledge receipt of staff reports. Mayor Selby noted that staff has reviewed the Karluk Lake fertil- ization project and comments are due tomorrow. He recommended the assembly give conceptual support to fertilizing the lake. AUSTERMAN, moved to support approval of seconded by BARKER the concept of Karluk Lake fertilization project. MOTION CARRIED Unanimous voice vote ORDINANCE NO. 86-11-0 ORDINANCE NO. 86-12-0 OLD BUSINESS ORDINANCE NO. 86-01-0 MAYOR'S REPORT KARLUK LAKE FERTILIZATION PROJECT Mayor Selby went on to request adoption of Resolution No. 86-26-R RESOLUTION Authorizing Staff to Affect Certain Line Item or Project Level NO. 86-26-R Changes in FY86 Budget. This would move $500,000 from Bayview Rd. project which was bid considerably under estimate to the Sargent Creek Rd. fund. This was state roads and trails money. L1 9 Kodiak Island Borough March 6, 1986 Regular Assembly Meeting This resolution would also consolidate all park development money RESOLUTION into one account. NO. 86-26-R (continued) BARKER, moved to adopt Resolution seconded by NAUGHTON No. 86-26-R. VOTE ON MOTION TO ADOPT Ayes: Gregg, Naughton, Austerman, Barker, Blankenburg, White Noes: None MOTION CARRIED Unanimous Mayor Selby further requested approval of an increase of $20,370 ASBESTOS in the Gobbell Hays/Pickering contract for design of the asbestos REMOVAL DESIGN abatement removal in the high school. CONTRACT GREGG, moved to approve increasing seconded by NAUGHTON Gobbell Hays/Pickering contract by $20,370. VOTE ON MOTION Ayes: Naughton, Barker, Blankenburg, Gregg, White Noes: Austerman MOTION CARRIED 5 Ayes, 1 No The mayor continued by reporting on his recent trip to Juneau and REPORT ON noted that Governor Sheffield said funds would be found to build JUNEAU TRIP the new hospital. He also reported on a project study for excess pink salmon, including a salmon surimi plant and/or pet food producing. Mayor Selby also addressed municipal assistance and possible cuts. He then read a proclamation proclaiming May 1st as "Law Day". The presiding officer called for a short recess after which he RECESS reconvened the Board of Adjustment. He noted that the motion which was tabled at the November Board BOARD OF of Adjustment hearing and adopted earlier in the meeting, was a ADJUSTMENT motion to adopt Resolution No. 85-102-R Overturning P&Z's deci- RECONVENED sion. NAUGHTON, moved to rescind previous RESOLUTION seconded by AUSTERMAN action on Resolution NO. 85-102-R No. 85-102-R. VOTE ON MOTION TO RESCIND Ayes: Noes: MOTION CARRIED Austerman, Barker, Blankenburg, Gregg, Naughton, White None Unanimous The presiding officer noted that the motion to adopt the resolu- tion overturning P&Z's decision was now before the assembly. BARKER, seconded by AUSTERMAN moved to amend to affirm P&Z's decision. MOTION CARRIED Unanimous voice vote 5 \g Kodiak Island Borough Regular Assembly Meeting March 6, 1966 Presiding Officer White stated that the motion now before the assembly was to adopt the resolution affirming P&Z's decision VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Blankenburg, Gregg, Naughton, Austerman Noes: Barker, White MOTION CARRIED 4 Ayes, 2 Noes The presiding officer again recessed the Board of Adjustment and reconvened the regular assembly meeting. RESOLUTION NO. 85-102-R (continued) NEW BUSINESS NEW BUSINESS A. Resolution No. 86-18-R Opposing HR 161 Regarding Student RESOLUTION Loans Eligibility/Interest Rate. NO. 86-18-R NAUGHTON, moved to adopt Resolution seconded by AUSTERMAN No. 86-18-R. A discussion ensued regarding section 1 whereby students attend- ing more than one college part-time are considered fulltime and shall be in "good standing". The assembly felt this was a good point and should be mentioned in a covering letter. Concern was also expressed over the fact that credit obtained at Kodiak are not transferable to other institutions, even UAA or UAF. MOTION CARRIED Unanimous B. Resolution No. 86-19-R Urging Funding For The Fort RESOLUTION Abercrombie State Historical Park. NO. 86-19-R AUSTERMAN, seconded by NAUGHTON moved to adopt Resolution No. 86-19-R. Assemblyman Austerman pointed out that this would not eliminate camping at the park as was discussed in work session. MOTION CARRIED Unanimous C. Resolution No. 86-20-R Urging DOT To Remove The 3-Lane Con- RESOLUTION cept On Marine Way and Center Street From Consideration; Add NO. 86-20-R Turn Lane Dividers At The Rezanof Bridge Entrance And Expand Mill Bay Road To Three Traffic Lanes From The Y To Benny Benson Drive. NAUGHTON, seconded by BARKER AUSTERMAN, seconded by MOTION TO AMEND CARRIED MOTION TO ADOPT AS AMENDED CARRIED moved to adopt Resolution No. 86-20-R. moved to amend by changing turn lane "dividers" to "raised meridians". Unanimous voice vote Unanimous voice vote D. Resolution No. 86-21-R Urging The Near Island Task Force And The City Of Kodiak To Make A Suitable Land Parcel Available On Near Island For Development Of A Museum By The Kodiak Area Native Association. NAUGHTON, moved to adopt Resolution seconded by BLANKENBURG No. 86-21-R. RESOLUTION NO. 86-21-R 6 1� Kodiak Island Borough Regular Assembly Meeting March 6, 1986 seconded by GREGG MOTION TO AMEND CARRIED moved to amend to delete "Near Island Task Force" and third "Whereas". Unanimous voice vote MOTION TO ADOPT AS AMENDED CARRIED Unanimous voice vote E. Resolution No. 86-22-R Supporting Full Funding Of A Grant Of $500,000 For The Ouzinkie Hydroelectric Power Generator Project. BLANKENBURG, seconded by NAUGHTON moved to adopt Resolution No. 86-22-R. Mayor Selby requested that the amount be amended to $600,000 based on information received today. This is to be half grant/half loan and the cost is being driven up by APU's require- ment for additional switching equipment. AUSTERMAN, seconded by NAUGHTON MOTION TO AMEND CARRIED moved to amend to $600,000. Unanimous voice vote MOTION TO ADOPT AS AMENDED Unanimous voice vote F. Resolution No. 86-23-R Reappropriate Certain Fixed Sums Of Money For The Hospital Design Project. NAUGHTON, seconded by BARKER VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED moved to adopt Resolution No. 86-23-R. Blankenburg, Gregg, Naughton, Barker, White Austerman 5 Ayes, 1 No G. Ordinance No. 86-13-0 Relating To Rules Of The Assembly BLANKENBURG, seconded by BARKER BARKER, seconded by BLANKENBURG MOTION TO AMEND CARRIED GREGG, seconded by BLANKENBURG MOTION TO AMEND CARRIED moved to adopt Ordinance No. 86-13-0 in first reading. moved to amend 2.17.090 (D) from "shall" to "may". Unanimous moved to amend by deleting 2.17.100(G), 2.17.090(E), change 2.17.100(F) to same language in current ordinance. Unanimous voice vote MOTION CARRIED AS AMENDED Unanimous voice vote H. Ordinance No. 86-14-0 Rezoning Portions Of U.S. Survey 3218. GREGG, seconded by BLANKENBURG moved to adopt Ordinance No. 86-14-0 in first reading. RESOLUTION NO. 86-21-R (continued) RESOLUTION NO. 86-22-R RESOLUTION NO. 86-23-R ORDINANCE NO. 86-13-0 ORDINANCE NO. 86-14-0 7 �t7 Kodiak Island Borough March 6, 1986 Regular Assembly Meeting MOTION CARRIED Unanimous voice vote ORDINANCE NO. 86-14-0 I. Ordinance No. 86-15-0 Changing The Name Of Uyak Drive To (continued) Salmonberry Drive. ORDINANCE AUSTERMAN, moved to adopt Ordinance NO. 86-15-0 seconded by GREGG No. 86-15-0 in first reading. MOTION CARRIED Unanimous voice vote J. Ordinance No. 86-16-0 Adopting Non Areawide Powers To ORDINANCE License, Impound And Dispose Of Animals Outside Of Home Rule NO. 86-16-0 And General Law Cities. AUSTERMAN, moved to adopt Ordinance seconded by NAUGHTON No. 86-16-0 in first reading. NAUGHTON, moved to table to July seconded by BLANKENBURG meeting. VOTE ON MOTION TO TABLE Ayes: Naughton, Austerman, Barker, Blankenburg, Gregg, White Noes: None MOTION CARRIED Unanimous K. Award Of Construction Contract For Lakeside Subdivision BID AWARD Improvements. LAKESIDE SUB. BARKER, moved to award bid for Lake seconded by NAUGHTON side sub. improvements to TATCO for $1,673,349. In response to questions from the assembly, Mayor Selby answered that the engineer's estimate for this project was $2.6 million. He further responded that funding for this project came from the state and Kodiak Housing. There is an excess of funds, even after moving the land sale money from this account, VOTE ON MOTION Ayes: Austerman, Barker, Blankenburg, Gregg, Naughton, White Noes: None MOTION CARRIED Unanimous voice vote L. Resolution No. 86-24-R Supporting Scallop Mariculture RESOLUTION Projects. NO. 86-24-R NAUGHTON, moved to adopt Resolution seconded by BARKER No. 86-24-0. Presiding Officer White requested that an invitation be extended to the Overseas Fishery Development Cooperation Foundation of Japan to visit Kodiak. MOTION CARRIED Unanimous voice vote M. Resolution No. 86-25-R Supporting Holding The 1986 Summer RESOLUTION Summit Meeting In Alaska And Urging Consideration Of Kodiak NO. 86-25-R As The Site Of The Meeting. 9 Kodiak Island Borough Regular Assembly Meeting March 6, 1986 7 F GREGG, seconded by BARKER MOTION CARRIED ASSEMBLY COt1MENTS moved to adopt Resolution No. 86-25-0. Unanimous voice vote Mayor Selby reported that the surimi plant may or may not end up in Kodiak, but the Dept. of Commerce has informed him that a deal has been made for an analog plant to be located here. He noted that the analog plant would be another customer for a cold stor- age facility. A discussion ensued regarding surimi processing and a cold stor- age facility. Assemblyman Austerman relayed his feelings on the fact sheet which had been printed in the newspaper regarding the upcoming referendum vote. He felt the fact sheet purported to be the opinion of the KIB assembly and he stressed the fact that this was not his opinion. He went on to say that these are political issues and he did not feel that the administration and staff should be taking stands on political issues. AUSTERMAN, moved to have public seconded by GREGG information with political overtones be approved by the assembly. In response to questions, Assemblyman Austerman noted that the propositions on the special election ballot are controversial and that information put into the paper, on flyers, etc, with the assembly's name should be approved by the assembly. The mayor noted that the information contained in the fact sheets was the same information which had been presented to the assembly in order for them to make an informed decision. He felt it was a disservice to the community to remain silent and not provide the same information which was given to the assembly. He did not feel there was any implication that this was the opinion of each assemblymember. He went on to note that the assembly which passed the ordinances obviously supported them or they would not have passed. If the formal position of the assembly is now that they are opposed to the ordinances, then they should have taken them off the books before it ever went to a public vote. Assemblyman Gregg noted, that as the second to the maker of the motion, it was not his intent to have formal approval at a regu- lar meeting. Presiding Officer White stated this was perceived as the assem- bly's opinion and he felt the news page should be reviewed by the assembly at the weekly work sessions. Assemblyman Austerman indicated that this was his intent. Assemblyman Barker felt this would come down to publishing a majority and minority report and the assembly would be opening a can of worms. BLANKENBURG, seconded by NAUGHTON moved to amend to election issues only. The discussion regarding election issue information continued. RESOLUTION NO. 86-25-0 (continued) ASSEMBLY COMMENTS 7 3�,- Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED VOTE ON MOTION AS AMENDED Ayes: Noes: MOTION CARRIED Gregg, Naughton, Austerman, Barker, Blankenburg, White None Unanimous Naughton, Austerman, Barker, Blankenburg, Gregg, White None Unanimous Assemblyman Gregg reported on the School District budget review meetings by saying that the worst case scenario is the district would expect to receive $100,000 less in state funding from last year's funding. The review committee is now recommending where cuts are to be made. He also noted that cuts will be to be made in the borough budget when the assembly reviews it in the next few months. He went on to say that the certified personnel just received a 3% salary increase and negotiations are under way with the classified personnel. Assemblyman Naughton requested that appreciation be given to Mr. Rounsaville for his work on the assembly. Assemblymember Barker spoke on the school bond issue by pointing out that if passed now, the state will pay up to 80% of the construction costs. She outlined the work needed in the various schools and noted that the needs will not go away if this is defeated and the state will probably never pay back as much as they will now. She also noted that the borough's portion of the bill could be paid from the interest earnings, and that that door might be closed to us at some future time. The mayor relayed Senator Zharoff's concern over why the assembly had reduced the amount from the original $15 million. Senator Zharoff had indicated that the only capital money Kodiak will receive in the next five years may be the school construction pay back. Assemblyman White expressed his concern over the state continually backing that amount of money. Lorna Arndt addressed Resolution No. 86-21-R by saying she was opposed to giving land to KANA. She also spoke to the school district budget and Lakeside Subdivision improvements. With no further business to come before the assembly, the meeting adjourned at 9:00 p.m. ATTEST: 1Z11 P e iding Officer March 6, 1986 ASSEMBLY COMMENTS (continued) AUDIENCE COMMENTS 10 33