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1986-07-01 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting July 1, 1986 A regular meeting of the Kodiak Island Borough Assembly was held REGULAR July 1, 1986, in the Assembly Chambers of the Kodiak Island Bor- MEETING ough Building, 710 Mill Bay Road. The meeting was called to order at 6:33 p.m. (A verbatim record is on file in the Clerk's office) The invocation was given by the Reverend Paul White, Community Baptist Church, followed by the pledge of allegiance. There were present: ROLL CALL Lorne White, Presiding Alan Austerman Ann Barker Eric Blankenburg (6:36) Ken Gregg Ed Naughton (6:47) Martha Ruble 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 APPROVAL OF AGENDA RUBLE, moved to add Womens Bay seconded by BARKER Service District Advisory Board Minutes of June 26, 1986 under Consent Agenda and Appointments to Women's Bay Advisory Board and the Architectural Review Board under Committee Reports. WITHOUT OBJECTION, SO ORDERED GREGG, moved to approve agenda. seconded by RUBLE WITHOUT OBJECTION, SO ORDERED CONSENT AGENDA CONSENT AGENDA A. RESOLUTIONS 1. Resolution No. 86-47-R Authorizing Participation In The RESOLUTION Rural Development Assistance Grant (RDA) Program For NO. 86-47-R Karluk. 2. Resolution No. 86-53-R Authorizing Staff To Advertise RESOLUTION For Bids For Construction On The Akhiok Dam. NO. 86-53-R 3. Resolution No. 86-54-R Authorizing Staff To Advertise RESOLUTION For Bid For New Roofs On Borough Building, Port Lions NO. 86-54-R High School, and Old Harbor High School. B. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 86-31-0 Rezoning A Portion Of Lot 2, U.S. ORDINANCE Survey 2539, Known As Bruhn Point, From Conservation--C NO. 86-31-0 To RR1--Rural Residential 1. 2. Ordinance No. 86-32-0 Changing The Boundary Of The ORDINANCE Monashka Bay Road Service Area And Providing For An NO. 86-32-0 Election To Effect The Boundary Change. 3. Ordinance No. 86-33-0 Changing The Boundary Of The ORDINANCE Service District No. 1 Road Service Area And Providing NO. 86-33-0 For An Election To Effect The Boundary Change. 6g Kodiak Island Borough July 1, 1986 Regular Assembly Meeting B. ORDINANCES FOR INTRODUCTION (continued) CONSENT AGENDA 4. Ordinance No. 86-34-0 Amending The Kodiak Island Bor- ough Code To Accept The Transfer Of Garbage And Solid ORDINANCE Waste Collection And Disposal Powers From The City Of NO. 86-34-0 Kodiak. C. COMMUNICATIONS TO THE ASSEMBLY COMMUNICATIONS 1. K.I.B. School District Financial Report for May, 1986. D. APPROVAL OF MINUTES APPROVAL OF MINUTES 1. K.I.B. Assembly Regular Meeting of June 5, 1986. E. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. K.I.B. School District Special Meeting of May 19, 1986. K.I.B. School District Regular Meeting of May 27, 1986. K.I.B. School District Special Meeting of May 29, 1986. K.I.B. School District Special Meeting of June 9, 1986. K.I.B. School District Special Meeting of June 16, 1986. 2. K.I.B. Borough Personnel Advisory Board Regular Meeting of May 19, 1986. 3. Womens Bay Comprehensive Planning Committee, Second Meeting of May 20, 1986. 4. K.I.B. Planning and Zoning Commission Regular Meeting of May 21, 1986. 5. K.I.B. Economic Development Commission Regular Meeting of May 5, 1986. 6. Womens Bay Service District Advisory Board Regular Meeting of June 26, 1986. GREGG, moved to approve the consent seconded by RUBLE agenda. WITHOUT OBJECTION, SO ORDERED CITIZEN'S COMMENTS CITIZEN'S COMMENTS Mayor Selby announced that the July Employee of the Month is Paul EMPLOYEE OF Alexanderoff, a teacher/trainer at the Residential Training Program THE MONTH at the Mental Health Center. Mr. Alexanderoff was unable to accept the award in person due to recent surgery. A. K.I.B. Personnel Board Appointments AUSTERMAN, moved to appoint Pat Szabo seconded by BARKER to the Personnel Board for the term expiring December, 1987 and Carol Smothers to the vacant seat expiring December, 1986. MOTION CARRIED Unanimous voice vote B. Womens Bay Service District Advisory Board Appointments GREGG, seconded by AUSTERMAN MOTION CARRIED moved to appoint Dick Perkins and John Burt to the Womens Bay Service District Advisory Board. Unanimous voice vote COMMITTEE REPORTS PERSONNEL BOARD APPOINTMENTS WOMENS BAY SERVICE DISTRICT ADVISORY BOARD APPOINTMENT 2 90 Kodiak Island Borough Regular Assembly Meeting July 1, 1986 C. Appointment of Assemblymember to the Architectural Review Board. BARKER, moved to appoint Martha seconded by AUSTERMAN Ruble to fill the assembly seat on the Architectural Review Board. MOTION CARRIED Unanimous voice vote Mike Anderson noted that he was present to represent the Planning and Zoning Commission. PUBLIC HEARING A. Ordinance No. 86-25-0 Amending Amounts, Penalties, and Interest in Relation To Property Tax Collection. AUSTERMAN seconded by BLANKENBURG moved to adopt Ordinance No. 86-25-0 The presiding officer called for public testimony; there being none, public hearing was closed. GREGG, seconded by AUSTERMAN VOTE ON MOTION TO AMEND moved to amend Section 3.20.090 "the unpaid balance of the tax becomes delinquent, and subject to a penalty of twenty percent of the unpaid balance" to "ten percent of the unpaid balance." Unanimous voice vote To clarify, Mayor Selby explained this ordinance was based on adoption of the new Title 29 by the State of Alaska amending state laws pertaining to business conducted by cities and bor- oughs which allows increase in interest rates that can be levied against unpaid overdue taxes. VOTE ON MOTION AS AMENDED Ayes: Noes: MOTION CARRIED Austerman, Barker, Blankenburg, Gregg, Naughton, Ruble, White None Unanimous B. Ordinance No. 86-26-0 Rezoning The East 1/2 of Lot 1, U.S. Survey 5701 From Conservation To R R 2. RUBLE, seconded by NAUGHTON moved to adopt Ordinance No. 86-26-0. The presiding officer called for public testimony; there being none, public hearing was closed. Assemblyman Austerman expressed concern about the overall development plan on the road system and inquired about the comprehensive plan. Linda Freed responded that the current comprehensive plan was adopted in 1968 and deals only with the urban areas. She ex- plained the staff had basically worked on neighborhood plans and all the village plans have been completed except for Ahkiok and Old Harbor. At present the staff is working on general area plans for Womens Bay, Chiniak, and Monashka Bay. She stated the areas with development pressure on them have either a comprehensive plan in progress or a comprehensive plan has been adopted. ARCHITECTURAL REVIEW BOARD APPOINTMENT PUBLIC HEARINGS ORDINANCE NO. 86-25-0 ORDINANCE NO. 86-26-0 3 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Barker, Blankenburg, Gregg, Naughton, Ruble, Austerman, white. None Unanimous C. Ordinance No. 86-27-0 Amending Chapters 17.06, 17.13, 17.16 and 17.18 Relating To Home Occupations. BARKER, seconded by GREGG moved to adopt Ordinance No. 86-27-0. The presiding officer called for public testimony; there being none, public hearing was closed. Linda Freed explained the purpose of the ordinance was a result of a large number of cases coming before the Commission. She said in changing the code to reflect current conditions, home occupations as a "right" would be allowed in residential zoning districts without applicants having to appear before the commission for a public hearing. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Barker, Blankenburg, Gregg, Naughton, Ruble, Austerman, White None Unanimous D. Ordinance No. 86-28-0 Revising Title 16 - Subdivisions AUSTERMAN, seconded by BLANKENBURG moved to adopt Ordinance No. 86-28-0 The presiding officer called for public testimony; there being none, public hearing was closed. GREGG, seconded by NAUGHTON VOTE ON MOTION TO TABLE Ayes: Noes: MOTION CARRIED moved to table Ordinance No. 86-28-0 to the August meeting. Gregg, Naughton, Ruble, Austerman, Barker, Blankenburg, White None Unanimous E. Ordinance No. 86-29-0 Establishing The Kodiak Consolidated Fire Protection Service Area. RUBLE, moved to adopt Ordinance seconded by GREGG No. 86-29-0. The presiding officer called for public testimony. Wayne Sewell, President of Firefighters Local 3054 and secretary to the Island Firefighters Association, stated that inflation, austerity budgets, and declining state and federal revenues were causing cutbacks in fire protection services. He felt that re- sponsible, planned, efficient consolidation of the present three fire service districts into one district would be a cost effec- tive way of combating the problem. He said the firefighters' 4 July 1, 1986 PUBLIC HEARINGS ORDINANCE NO. 86-26-0 (continued) ORDINANCE NO. 86-27-0 ORDINANCE NO. 86-28-0 ORDINANCE NO. 86-29-0 71 Kodiak Island Borough July 1, 1986 Regular Assembly Meeting union favored consolidation but request that the present PUBLIC HEARINGS firefighters be utilized under the new administration. John Pugh, Mayor of the City of Kodiak and representing the city council, pointed out that the last time the assembly and city met ORDINANCE to discuss consolidation, it was agreed to set up a study group to NO. 86-29-0 look into the details of consolidation and report back with recom- (continued) mendations. He stated the committee had never gotten together. He proceeded to ask questions regarding the proposed ordinance, pointed out discrepancies, and suggested the ordinance be tabled for further study or defeated at this time. Horace Simmons, representing Bayside Fire District #1, stated Bayside had passed a resolution supporting the idea of consolida- tion. Speaking as a private citizen, he said his examination of the proposed budget for the consolidated district did not indi- cate that an increase in mill rates would be necessary to support the service. Wayne Sewell spoke to the assembly a second time in rebuttal to points made by Mayor Pugh. The presiding officer closed the public hearing and reconvened the assembly. The borough clerk explained to the audience that there would be two separate ballot issues, one for city residents and another for residents of Womens Bay and Monashka Bay. In response to presiding officer White's request, Mayor Selby explained that the details regarding the consolidated district would be up to a newly -formed district board whose responsibility would be to address the points raised by Mayor Pugh. With voter approval on consolidation in October, the new fire service district would take effect on July 1, 1987. A discussion ensued between the assembly and Mayor Selby. BARKER, seconded by BLANKENBURG VOTE ON MOTION TO TABLE Ayes: Noes: MOTION CARRIED moved to table Ordinance No. 86-29-0 to August 7th meeting. Austerman, Barker, Blankenburg, Gregg Ruble, Naughton, White 4 Ayes, 3 Noes The presiding officer requested the clerk for a second roll call on the motion to table. Ayes: Austerman, Barker, Blankenburg, Gregg Noes: Ruble, Naughton, White MOTION CARRIED 4 Ayes, 3 Noes Assemblyman Gregg requested that Ordinance No. 86-29-0 be called back for a second public hearing in August. F. Ordinance No. 86-30-0 Adopting Non-areawide Powers To ORDINANCE Provide For Economic Development. NO. 86-30-0 NAUGHTON, seconded by RUBLE moved to adopt Ordinance No. 86-30-0. The presiding officer called for public testimony; there being none, public hearing was closed. 5 4 Kodiak Island Borough Regular Assembly Meeting July 1, 1986 VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Ruble, Austerman, Barker, Blankenburg, Gregg, Naughton, White None Unanimous The presiding officer called for a ten minute recess. The presiding officer reconvened the assembly. MESSAGES FROM THE BOROUGH MAYOR A. July Meetings B. Staff Reports GREGG, seconded by RUBLE NO OBJECTION, SO ORDERED C. Other Business moved to acknowledge receipt. Mayor Selby had one "good new" item to report - the $7.4 million junior high school renovation bond issued in 1983 had been paid in full on Tuesday. By using variable rates and short term fi- nancing the borough came out extremely well interest -wise on this bond issue, he stated. OLD BUSINESS A. Ordinance No. 86-16-0 Adopting Non-Areawide Powers To License, Impound And Dispose Of Animals Outside Of Home Rule And General Law Cities. AUSTERMAN, seconded by RUBLE NO OBJECTION, SO ORDERED NAUGHTON, seconded by BLANKENBURG MOTION CARRIED moved to remove from the table Ordinance No. 86-16-0. moved to amend by substitution Ordinance No. 86-16-0(A). Unanimous voice vote Assemblyman Blankenburg asked if Ordinance 86-16-0(A) was now before the assembly for first reading and presiding officer White stated that was motion to pass in first reading was now before them. VOTE ON MOTION TO PASS IN FIRST READING Ayes: Noes: Austerman, Barker, Blankenburg, Gregg, Naughton, Ruble, White None MOTION CARRIED Unanimous PUBLIC HEARINGS ORDINANCE NO. 86-30-0 (continued) MESSAGES FROM MAYOR OLD BUSINESS ORDINANCE NO. 86-16-0 R Kodiak Island Borough Regular Assembly Meeting July 1, 1986 B. Ordinance No. 86-22-0 Relating To Elections. RUBLE, seconded by Barker NO OBJECTION, SO ORDERED moved to remove from the table Ordinance No. 86-22-0 The presiding officer noted that the motion to adopt was now before the assembly. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED NEW BUSINESS Barker, Blankenburg, Gregg, Naughton, Ruble, Austerman, White None Unanimous A. FY 1986-87 Subcontract for Day Care Assistance Program Administration. AUSTERMAN, moved to approve subcontract seconded by NAUGHTON for Day Care Assistance Program Administration with Susan Ramaglia for $12,000 or 9 percent of subsidy billings whichever is greater. VOTE ON MOTION TO APPROVE Ayes: Noes: MOTION CARRIED Blankenburg, Gregg, Naughton, Ruble, Austerman, Barker, White None Unanimous B. Resolution No. 86-46-R Authorizing The Receipt And Expenditure Of Municipal Grants Appropriated By The 1986 Legislature, A.S. 37.05.315. BLANKENBURG, moved to adopt Resolution seconded by RUBLE No. 86-46-R. In response to questions as to how the grant funds would be spent, Jim Gingerich, K.I.B. Hospital Administrator, explained the $800,000 appropriated for the hospital would be earmarked for construction funds and the $25,000 for hospital equipment would be earmarked for major pieces of equipment on the medical staff priority list. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Gregg, Naughton, Ruble, Austerman, Barker, Blankenburg, White None Unanimous OLD BUSINESS ORDINANCE NO. 86-22-0 NEW BUSINESS SUBCONTRACT FOR DAY CARE ASSISTANCE PROGRAM RESOLUTION NO. 86-46-R 7 7.3 Kodiak Island Borough Regular Assembly Meeting July 1, 1986 C. Resolution No. 86-48-R Authorizing Expenditure Of Up To $300,000 For Construction And Upgrade Of The Track In The City Of Kodiak Baranof Park. RUBLE, seconded by BLANKENBURG VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED moved to adopt Resolution No. 86-48-R. Naughton, Ruble, Austerman, Barker, Blankenburg, Gregg, White. None Unanimous D. Resolution No. 86-49-R Authorizing Purchase of Two Emergency Warning Sirens. BLANKENBURG, moved to adopt Resolution seconded by BARKER No. 86-49-R. Mayor Selby explained the purchase of these sirens were the re- sults of joint efforts between the city and the borough in the Emergency Preparedness efforts, especially with regards to tsunami warnings. He said the sirens would most likely be placed at the Bayside and Womens Bay fire stations so they would be heard by the maximum number of people. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Ruble, Austerman, Barker, Blankenburg, Gregg, Naughton, White None Unanimous E. Resolution No. 86-50-R Authorizing Staff To Advertise For Bids For Construction Of The Baler Facility. seconded by BARKER moved to adopt Resolution No. 86-50-R. Assemblyman Blankenburg stated that he was going to vote for this ordinance but only because he felt he was under coercion by the state of Alaska and their letter stating the borough has no other options without incurring substantial fines. He did say the borough was going to look into alternatives such as incineration in conjunction with a recycling campaign for aluminum, cardboard, and glass. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Austerman, Barker, Blankenburg, Gregg, Naughton, Ruble, White None Unanimous F. Resolution No. 86-51-R Establishing Minimum Unit Prices For Material Sales Contracts. RUBLE, seconded by BLANKENBURG move to adopt Resolution No. 86-51-R. In response to Assemblyman Naughton's question as to how the volume of gravel extracted was computed, Mayor Selby said NEW BUSINESS RESOLUTION NO. 86-48-R RESOLUTION NO. 86-49-R RESOLUTION NO. 86-50-R RESOLUTION NO. 86-51-R f, Kodiak Island Borough Regular Assembly Meeting July 1, 1986 engineering sight readings were used to compute the volume of gravel removed from the site. VOTE ON MOTION TO ADOPT Ayes: Barker, Blankenburg, Gregg, Ruble, Austerman, White Noes: Naughton MOTION CARRIED 6 Ayes, 1 No G. Resolution No. 86-52-R Authorizing A Contract With URS Engineers For Design Of A Bridge Across The Creek Between Beaver Lake And Dark Lake. AUSTERMAN, seconded by BARKER moved to adopt Resolution No. 86-52-R. Several assemblymembers expressed dissatisfaction with the con- tract going automatically to URS without having been put out to bid. Assemblyman Austerman did not feel it was necessary to put a bridge across the creek at this time because he did not foresee the development of the property on the other side. Mayor Selby voiced no objection to requesting proposals from other firms, however, he thought the borough should move ahead on phase one of the preliminary design while there was funding available from the state. He said this area will need to be developed in order to keep the Kodiak community in an area where services such as water, sewer, and roads can be provided on a cost effective basis. Also, the borough has a Corps of Engineers request to cross the creek in this area, rather than put in a culvert, and this would allow an agreement and closure with the Corps as to the most feasible way to proceed. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION FAILED H. Renewal of KANA Dorm Lease NAUGHTON, seconded by AUSTERMAN MOTION CARRIED Barker Blankenburg, Gregg, Naughton, Ruble, Austerman, White 1 Ayes, 6 Noes moved to renew KANA Dorm Lease. Unanimous voice vote I. Awarding Bid For System 38 Upgrade. BLANKENBURG, moved to award the bid for seconded by NAUGHTON System/38 Upgrade to IBM in an amount NTE $24,106. Assemblyman Gregg stated that he looked upon the System 38 like a "boat" which is said to be a hole in the water to pour money into. He said he had a different computer philosophy than the borough staff and thought the line on expenditures on the System 38 should have been drawn with the hard disk upgrade. He felt the borough could get by on less than $250,000 per year in a computer budget with equipment other than main frame type. NEW BUSINESS RESOLUTION NO. 86-51-R (continued) RESOLUTION NO. 86-52-R RENEWAL OF KANA DORM LEASE AWARD BID FOR SYSTEM 38 UPGRADE E] 7s Kodiak Island Borough Regular Assembly Meeting July 1, 1966 VOTE ON MOTION TO AWARD Ayes: Noes: MOTION FAILED Naughton, Ruble, Barker Austerman, Blankenburg, Gregg, White 3 Ayes, 4 Noes J. Resolution No. 86-55-R Authorizing Purchase Of Tract R-lA Killarney Hills Subdivision For The Purpose Of Construction Of A New Hospital. NAUGHTON, seconded by BARKER moved to adopt Resolution No. 86-55-R. Mayor Selby explained this land is owned by the Archdiocese of Anchorage and the purchase price is a result of negotiations and a compromise in price between the two parties. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Ruble, Austerman, Barker, Blankenburg, Gregg, Naughton, White None Unanimous K. Ordinance No. 86-35-0 Placing The Question Of The Adop- tion Of A Hotel -Motel Sales Tax On The October 7, 1986 Ballot. In response to questions, Mayor Selby said if this ordinance was passed at first reading a draft would be drawn showing how the ordinance would be implemented and administered and presented to the assembly at a work session later in July. Assemblyman Naughton thought the philosophy of levying a tax on an industry which Kodiak is trying to develop is wrong. He thought the assembly should be thinking in terms of enhancing the tourist industry by considering an industrial incentive for indi- viduals who develop it. AUSTERMAN, seconded by GREGG VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED CITIZENS' COM4ENMS None ASSEMBLYMEN'S COMMENTS moved to adopt Ordinance No. 86-35-0 at first reading. Austerman, Barker, Gregg, Ruble, White Blankenburg, Naughton 5 Ayes, 2 Noes Assemblyman Blankenburg commented on the Fire Department consoli- dation and asked a special effort be made to publicize the second public hearing in August. He requested that the City of Kodiak be contacted for their input. Assemblyman Austerman questioned whether the comprehensive plan was adequate and asked if land was being set aside for parks, schools and future growth in areas such as Chiniak. He was NEW BUSINESS AWARD BID FOR SYSTEM 38 UPGRADE (continued) RESOLUTION NO. 86-55-R ORDINANCE NO. 86-35-0 CITIZENS' COMMENTS ASSEMBLYMEN'S COMMENTS 10 %6 Kodiak Island Borough July 1, 1986 Regular Assembly Meeting concerned that the borough has never adopted an updated plan. ASSEMBLYMEN'S Also, he mentioned that during the last tsunami alert several COMMENTS problems came to light particularly in the communications area and thought that as borough officials, the assembly should be concerned in seeing them corrected. He mentioned that several other groups held meetings on Thursday evening (the same as the assembly) and consequently, it was difficult to attend these meetings to know what was occurring. As food for thought, he wondered if the assembly meeting could be moved to Tuesday evening. Mayor Selby replied that the comprehensive plan was a constantly J changing document and land use is a constantly changing item and will continue to change forever. He said the zoning map is up- dated every time a zoning change is approved. Assemblymember Gregg explained the two different areas of thought regarding computers and said since the bid to upgrade the System 38 was defeated he would put together some alternatives to present to the assembly at a work session. He mentioned that before the end of the summer there was going to be a strong push for local purchase by the city and borough and thought work on a local purchase ordinance should be made a priority. Assemblymember Naughton pointed out there was an attractive new Kodiak Island Borough Parks brochure available for the public. Assemblymember White expressed his wish for substantial public testimony at the next assembly meeting with regard to consolidation and expansion of borough powers. He also reminded everyone of the advisory question on non -area wide garbage being mailed out on July 15th. ITT ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 9:27 p.m. P iding Officer ATTEST: C9Q__ S ough- C F 11 I'l