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1986-05-01 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting May 1, 1986 A regular meeting of the Kodiak Island Borough Assembly was held REGULAR May 1, 1986, in the Assembly Chambers of the Kodiak Island Borough MEETING 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) The invocation was given by Father Leo Desso, St Mary's Cath- olic Church, followed by the pledge of allegiance. There were present: Lorne White, Presiding Ann Barker Ed Naughton Absent: Eric Blankenburg (excused) Alan Austerman Ken Gregg Martha Ruble (6:37 p.m comprising a quorum of the assembly; and Ray Camardella, Facilities Coordinator, Acting Mayor Robert Pederson, Assistant Planner/Zoning Officer Gaye Vaughan, Borough Clerk APPROVAL OF AGENDA BARKER, seconded by AUSTERMAN CONSENT AGENDA A. RESOLUTIONS move to add P & Z Minutes of April 16, 1986 and approve agenda as amended. 1. Resolution No. 86-33-R Authorizing Participation In The State Day Care Assistance Program Pursuant To AS 44.47.250-310. 2. Resolution No. 86-34-R Acceptance Of Community And Regional Affairs Grant For Akhiok Medical Facility 3. Resolution No. 86-35-R Establishing Board Of Equalization Dates For The 1986 Original Tax Assessment Valuation. B. ORDINANCES FOR INVOCATION ROLL CALL APPROVAL OF AGENDA CONSENT AGENDA RESOLUTION NO. 86-33-R RESOLUTION NO. 86-34-R RESOLUTION NO. 86-35-R 1. Ordinance No. 86-21-0 Levying Taxes On All Taxable ORDINANCE Real And Personal Property Within The Borough For NO. 86-21-0 The Expenses And Liabilities Of The Borough For The Fiscal Year Commencing On The First Day Of July 1986 And Ending On The Thirtieth Day Of June 1987. (Advanced to Public Hearing - June 5, 1986) 2. Ordinance No. 86-22-0 Relating To Elections. ORDINANCE (Advanced to Public Hearing - June 5, 1986) NO. 86-22-0 3. Ordinance No. 86-23-0 Rezoning Lot 1, Block 2, ORDINANCE Russian Creek Subdivision. (Advanced to Public NO. 86-23-0 Hearing - June 5, 1986) 4. Ordinance No. 86-24-0 A Supplemental Appropriation ORDINANCE Ordinance Of The Kodiak Island Borough, Kodiak, NO. 86-24-0 Alaska. (Advanced to Public Hearing - June 5, 1986) N ,; q t Kodiak Island Borough May 1, 1986 Regular Assembly Meeting C. COMMUNICATIONS TO THE ASSEMBLY COMMUNICATIONS 1. Planning and Zoning Commission memorandum regarding lease of borough property. (No action required) D. APPROVAL OF MINUTES APPROVAL OF MINUTES 1. Assembly Special Meeting of March 27, 1986. _ 2. Assembly Regular Meeting of April 3, 1986. 3. Assembly Special Meeting of April 17, 1986 E. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. K.I.B. Fire Protection Area # 1 Advisory Board Regular Meetings of January 3, 1986; January 31, 1986; and February 28, 1986. 2. K.I.B. School District Regular Meeting of March 24, 1986 and Special Meeting of March 31, 1986. 3. Womens Bay Service District Special Meeting of March 24, 1986. 4. K.I.B. Mental Health Center Advisory Board Regular Meetings of December 16, 1985; January 27, 1986; and March 13, 1986. GREGG, moved that the consent seconded by NAUGHTON agenda items be approved. WITHOUT OBJECTION, SO ORDERED CITIZEN'S COMMENTS CITIZEN'S COMMENTS Acting Mayor Carmardella presented a certificate of commendation and a check for $75.00 to Robert Pederson of the Community EMPLOYEE OF THE Development Department as recipient of the Kodiak Island Borough MONTH AWARD Employee of the Month award for May. COMMITTEE REPORTS COMMITTEE REPORTS 1. Appointments to Womens Bay Service Area Advisory Board Vacancies. AUSTERMAN, moved to appoint Robert seconded by GREGG Tarrant to the Womens Bay Service Area Advisory Board. MOTION CARRIED Unanimous voice vote Scott Arndt stated he was representing Service District #1 and Fire District #1 if there were any questions. Robin Heinrichs said he was representing the Planning and Zoning Commission and would be willing to answer questions. PUBLIC HEARING PUBLIC HEARINGS 1. Ordinance No. 86-17-0 Authorizing $9,930,000 Principal ORDINANCE .�. Amount Of General Obligation Variable Rate Demand Bonds, NO. 86-17-0 1986 Series A, To Pay The Costs Of School Improvements In The Borough; Authorizing The Execution Of An Indenture And A Reimbursement Agreement With Respect To The Bonds; Providing For The Authorization By Resolution Of A Preliminary Official Statement, An Official Statement, A Remarketing Agreement And A Contract Of Purchase With Respect To The Bonds; And Determining Related Matters. NAUGHTON, moved to adopt Ordinance seconded by BARKER No. 86-17-0. The presiding officer called for public testimony. Scott Arndt spoke in favor of a portion of the bond issue. He felt it would be prudent to sell only what was necessary to 2 Kodiak Island Borough Regular Assembly Meeting May 1, 1986 continue the projects approved in the bond issue and the money ORDINANCE for roof repairs. He estimated that $2,000,000 would cover these NO. 86-17-0 costs. He felt that due to unstable interest rates at this time (continued) the borough might pay more for the money on the bonds than they would receive in interest in the bank. The presiding officer closed the public hearing and reconvened the assembly. Assemblyman Austerman said there had been a discussion at the noon work session concerning House Bill 520 before the legisla- ture regarding the pay back by the state on these bonds. If the bill is passed, the percentage would be 70 percent rather than the proposed 80 percent and if this whole bonding issue is not sold as of July 1, 1986, it would not be eligible for the 80 percent reimbursement. He felt the house bill was open to inter- pretation and thought only a part of the bond issue should be sold at this time. Assemblyman Naughton stated this ordinance does not sell the bonds but simply authorizes incurring the debt. He felt that if the assembly authorized the sale, then the borough would be as- sured of the 80 percent and could sell the bonds as needed. Acting Mayor Camardella commented that the implementation of the school construction projects would be severely impacted if the total amount of the bond issue in a timely manner. AUSTERMAN, moved to recess the meeting seconded by BARKER for ten minutes. MOTION CARRIED Unanimous voice vote The presiding officer reconvened the public hearing. Eric Wohlforth, bond attorney, said that he was available to answer questions regarding legal questions about the bond issue. In response to questions, he said it was his impression that it was the time of authorization of the bonds that governs the rate of reimbursement rather than the time of sale of the bonds. Assembermember Barker stated that if there was any question regarding the state pay back, she was in favor of passing the bond issue tonight. Bryce Weeks, Finance Director, answered in response to questions that his department was ready to sell the entire bond issue. He said the money realized from the bond sale would be in the bank earning interest that would not only pay interest but would probably pay for any cost overruns on the school construction projects. VOTE ON MOTION TO ADOPT Ayes: Austerman, Barker, Gregg, Naughton, Ruble, White Noes: None MOTION CARRIED Unanimous 2. Ordinance No. 86-18-0 Revising Chapter 17.36 (Noncon- ORDINANCE forming Uses And Structures) of the Zoning Ordinance. NO. 86-18-0 AUSTERMAN, seconded by GREGG moved to adopt Ordinance No. 86-18-0. The presiding officer called for public testimony. Bob Pederson, Community Development Planner, clarified Section 17.36.070 (C) regarding cubical content of a building. He said there were restrictions on buildings that were nonconforming use 97 f) Kodiak Island Borough Regular Assembly Meeting May 1, 1986 or nonconforming structures and these buildings could not be ORDINANCE enlarged. This ordinance would eliminate nonconforming struc- NO 86-18-0 tures so that if a structure meets the code, it would not be (continued) necessary to go to the Planning and Zoning Commission for approval to enlarge it. Scott Arndt spoke in favor of the ordinance. The presiding officer closed the public hearing and reconvened the assembly. VOTE ON MOTION TO ADOPT Ayes: Barker, Gregg, Naughton, Ruble, Austerman, White Noes: None MOTION CARRIED Unanimous 3. Ordinance No. 86-20-0 Deleting Kodiak Island Borough Code Section 18.20.050 Concerning Real Property Disposal in Keeping with AS Title 29. GREGG, seconded by AUSTERMAN moved to adopt Ordinance No. 86-20-0. The presiding officer called for public testimony. Scott Arndt spoke in opposition of the ordinance. He said basi- cally the ordinance would eliminate the election requirement for disposal of land not obtained from the state with a value of $25,000 or more. His objection was that the new Title 29 allowed for being more restrictive but not for being more lenient. He was against changing the books to fit a particular project and he interpreted this ordinance to do that. The presiding officer closed the public hearing and reconvened the assembly. A discussion ensued amongst the assemblymembers. BARKER, seconded by NAUGHTON VOTE ON MOTION TO TABLE Ayes: Noes: MOTION CARRIED MESSAGES FROM THE BOROUGH MAYOR A. May Meetings moved to table Ordinance No. 86-20-0. Naughton, Ruble, Austerman, Ruble, White Gregg 5 Ayes, 1 No Acting Mayor Camardella reviewed the May meeting schedule. B. Staff Reports GREGG, seconded by NAUGHTON NO OBJECTION, SO ORDERED C. Other Business moved to acknowledge receipt. Acting Mayor Camardella read two proclamations. The week of May 4 through May 10, 1986 was proclaimed Litter Prevention and Cleanup week in the Kodiak Island Borough; and the month of May was proclaimed Mental Health Month. ORDINANCE NO. 86-20-0 MESSAGES FROM MAYOR 4 f? Kodiak Island Borough Regular Assembly Meeting May 1, 1986 NEW BUSINESS A. BID AWARDS 1. Contract Award for air monitoring for Kodiak High School Asbestos Abatement/Systems Upgrade Project. BARKER, move to award the contract seconded by NAUGHTON for air monitoring to Pittsburgh Testing Lab for $69,000. VOTE ON MOTION Ayes: Naughton, Ruble, Austerman, Barker, Gregg White Noes: None MOTION CARRIED Unanimous 2. Contract Award for construction of the Asbestos Disposal Area and Drainage at the Landfill Project. AUSTERMAN, seconded GREGG VOTE ON MOTION Ayes: Noes: MOTION CARRIED move to award contract for construction of asbestos disposal area and drainage at landfill to Brechan for $368,572. Ruble, Austerman, Barker, Gregg, Naughton, White None Unanimous 3. Award of Final Design of Akhiok Dam Project. GREGG, moved to award final design seconded by RUBLE of Akhiok Dam to URS for $24,600. VOTE ON MOTION Ayes: Noes: MOTION CARRIED 4. Purchase of Plotter. AUSTERMAN, ,^ seconded by NAUGHTON Austerman, Barker, Gregg, Naughton, Ruble, White None moved to award the purchase of plotter to Lewis and Lewis Computers for $8,995. Assemblymember Austerman asked several questions regarding the plotter's compatibility with other borough computers and the software necessary to operate it. He questioned why a software package was not included in this proposal since the plotter will not function without one. BARKER, seconded by GREGG moved to table the purchase of plotter. NEW BUSINESS BID AWARDS AIR MONITORING ASBESTOS ABATEMENT PROJECT CONSTRUCTION OF ASBESTOS DISPOSAL AREA AKHIOK DAM PROJECT PURCHASE OF PLOTTER 5 Si? Kodiak Island Borough May 1, 1986 Regular Assembly Meeting VOTE ON MOTION TO TABLE PURCHASE OF PLOTTER Ayes: Gregg, Naughton, Ruble, (continued) Barker, White Noes: Austerman MOTION CARRIED 5 Ayes, 1 No CITIZENS' COMMENTS CITIZENS' COMMENTS None ASSEMBLYMEN'S COMMENTS ASSEMBLYMEN'S COMMENTS Assemblymember Barker welcomed Assemblymember Ruble to the assem- bly. Also, as the assembly's representative to the Hospital Advisory Board, she noted that May 6th is National Nurse's Day. Assemblyman White asked about the status of land selection for the hospital site. Acting Mayor Camardella stated that an offer and a counteroffer had been made to the Catholic Archdiocese for a site. ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 7:49 p.m. Pr4sdi�nqkficer ATTEST: CND Borough erk 0 Sy