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1986-11-06 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting November 6, 1986 A regular meeting of the Kodiak Island Borough Assembly was held November 6, 1986, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:34 p.m. (A verbatim record is on file in the Clerk's office) The invocation was given by the Rev. M. Gene Lueders, Frontier Southern Baptist Church, followed by the pledge of allegiance. There were present: Lorne White, Presiding Ann Barker Jack McFarland Absent: Eric Blankenburg (Excused) Alan Austerman Ken Gregg Wayne Stevens (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 MCFARLAND WITHOUT OBJECTION, SO ORDERED CONSENT AGENDA A. RESOLUTIONS moved to approve agenda as presented. 1. Resolution No. 86-78-R Regarding Local Property Taxes Under The Alaska Native Claims Settlement Act. 2. Resolution No. 86-79-R Authorizing The Receipt And Expenditure Of A Municipal Grant Appropriated By The Legislature, A.S. 37.05.315. 3. Resolution No. 86-80-R Urging Congress To Include A Restriction On Re -Flagging Foreign Processing Vessels In The Magnuson Fishery Conservation And Management Act. 4. Resolution No. 86-82-R Supporting The Development Of A Year -Round Mariculture Industry. B. ORDINANCES FOR 1. Ordinance No. 86-44-0 Establishing A Sewer Connection Fee. 2. Ordinance No. 86-45-0 Establishing Various Fees Related To Subdivision Of Land. 3. Ordinance No. 86-46-0 Rezoning A One -Acre Portion Of Lot 1, U.S. Survey 3471 From Rural Residential One To B--Business. 4. Ordinance No. 86-47-0 Authorizing Expenditure Of State Grant Funds By The Facilities Department To Construct A Public Safety Building In Karluk. 5. Ordinance No. 86-48-0 Authorizing Expenditure Of Bond Funds By The Facilities Department To Construct The Additions To The Schools At Larsen Bay, Port Lions, and Old Harbor. 6. Ordinance No. 86-49-0 Amending Kodiak Island Borough Code Section 3.16 Contract, Purchase and Sale Procedure. REGULAR MINUTES ROLL CALL APPROVAL OF AGENDA CONSENT AGENDA RESOLUTION NO. 86-78-R RESOLUTION NO. 86-79-R RESOLUTION NO. 86-80-R RESOLUTION NO. 86-82-R ORDINANCE NO. 86-44-0 ORDINANCE NO. 86-45-0 ORDINANCE NO. 86-46-0 ORDINANCE NO. 86-47-0 ORDINANCE NO. 86-48-0 ORDINANCE NO. 86-49-0 Iar Kodiak Island Borough November 6, 1986 Regular Assembly Meeting C. COMMUNICATIONS TO THE ASSEMBLY CONSENT AGENDA 1. K.I.B. Financial Report for October, 1986, COMMUNICATIONS 2. K.I.B. School District Financial Report for TO THE ASSEMBLY September, 1986. D. APPROVAL OF MINUTES APPROVAL OF MINUTES 1. K.I.B. Assembly Regular Meeting of October 2, 1986. 2. K.I.S. Assembly Special Meeting of October 16, 1986. E. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. K.I.B. School District Special Meeting of September 1 and 2, 1986. K.I.B. School District Regular Meeting of September 22, 1986. K.I.B. School District Special Meeting of October 20, 1986. 2. Chiniak Community Forum Comprehensive Plan Work Session of September 23, 1986. 3. Womens Bay Service District Regular Meeting of September 18, 1986. Womens Bay Service District Regular Meeting of October 23, 1986. 4. K.I.B Planning and Zoning Commission Regular Meeting of September 17, 1986. GREGG, moved to approve the consent seconded by MCFARLAND agenda items. VOTE ON MOTION Unanimous voice vote CITIZEN'S COMMENTS CITIZEN'S COMMENTS Mayor Selby presented the Employee of Month Award to Carrie EMPLOYEE OF THE Kindgren, Administrative Secretary. MONTH AWARD David Herrsteen expressed his concern about the manner in which the school district was spending money as a result of the financial cutback. He thought the school board had tried to keep all the programs by cutting funds from all of them and the result of these cuts was affecting the core programs. He thought the way to figure out the funding would be to determine the core programs and their costs, the extra programs and their costs; then as a community decide how much the people would be willing to pay for each program. He gave examples of how the cutbacks had effected the school his daughters attend. He stated that people who have a choice as to where they want to live, choose to live in Kodiak because of the fine educational system. He thought people would be willing to pay more taxes for better schools and the basic educational system should not be compromised. COMMITTEE REPORTS COMMITTEE REPORTS A. Assembly Appointment to Boards and Commissions. BOARDS AND COMMISSIONS The presiding officer noted the following committee appointments: APPOINTMENTS 1. Architectural Review Board - Eric Blankenburg 2. Hospital Advisory Board - Ann Barker 3. Mental Health Board - Wayne Stevens 4. Parks and Recreation - Alan Austerman 5. Community College - Lonnie White 6. School Budget Review Board - Jack McFarland 7. D.P. Steering Committee - Ken Gregg 8. Kodiak Transportation System - Alan Austerman BARKER, moved to approve the seconded by GREGG assembly appointments to Boards and Commissions. MOTION CARRIED Unanimous voice vote 2 I�� Kodiak Island Borough November 6, 1986 Regular Assembly Meeting B. Appointment To Bayview Road Service Area. APPOINTMENT TO BAYVIEW ROAD AUSTERMAN, moved to appoint Randy SERVICE AREA seconded by GREGG Chase, Joan Minks, Dawn Black, Albert Blackman and Sid Cozart to the Bayview Road Service Area Advisory Board. MOTION CARRIED Unanimous voice vote C. Appointment of Substance Abuse Task Force. APPOINTMENT TO SUBSTANCE ABUSE The presiding officer reviewed the initial tasks of the group and TASK FORCE the agencies represented. He stated the term of these appoint- ments would be until June 1, 1987. Bill Herman Kodiak Council on Alcoholism Linda Wiedman Kodiak Womens Resource & Crisis Center Jim Gingerich Kodiak Island Hospital Ethan VanEck Kodiak Area Native Association Chief Elmer Crandall U.S. Coast Guard Louis Wagner, M.D. Physician Larry LeDoux Kodiak High School Alice Knowles Kodiak Island Borough School Board Bob Blair Veterans and Liquor Industry Max Hurlbut Kodiak Police Herb McMurtry Ministerial Alliance Bob Brodie City Council AUSTERMAN, moved to approve appointments seconded by BARKER to the Substance Abuse Task Force. MOTION CARRIED Unanimous voice vote PUBLIC HEARING PUBLIC HEARING A. Resolution No. 86-81-R Establishing Garbage Collection and RESOLUTION Disposal Rates. NO. 86-81-R AUSTERMAN, moved to adopt Resolution seconded by GREGG No. 86-81-R. The presiding officer called for public testimony. Jim Ramaglia thought it was important that the garbage collection pickup be mandatory and said the borough should have some method of compelling the residents to use the service. Otherwise, he pointed out city businesses would become the garbage collection point for anybody who doesn't want to pay to have their garbage picked up. In response, Mayor Selby explained that problem would be covered under another ordinance. He said this resolution authorizes going out to bid for operation of the baler facility and the collection of the garbage. The ordinance that will make garbage collection mandatory would be introduced at the December assembly meeting. Okey Chandler thought the people of Chiniak should not be charged as much for garbage collection service as the people in the city. He thought they should have burn barrels and have garbage pick up once a month. The presiding officer closed the public hearing and reconvened the assembly. 3 Kodiak Island Borough November 6, 1986 Regular Assembly Meeting Mayor Selby said one item needed to be corrected in the PUBLIC HEARING resolution and several small clean up changes made. He listed the following changes: RESOLUTION NO. 86-81-R Under the NOW, THEREFORE, BE IT RESOLVED paragraph after "the (continued) Mayor be instructed to" - change to read - A. "Secure separate competitive proposals from firms to: 1. Operate the Baler Facility, etc."; add - B. "The Mayor is instructed to implement the following procedures:"; change item 3. to 1., item 4 to 2, item 5 to 3, item 6 to 4, and under item 4-c. change to read: Commercial and governmental customers will be served by a private company by direct negotiation for service. Fees will be set, billed, and collected by the company. AUSTERMAN, moved to amend Resolution seconded by BARKER No. 86-81-R per the mayor's recommendations. VOTE ON MOTION TO AMEND Unanimous voice vote VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Austerman, Barker, Gregg, McFarland, White Noes: None MOTION CARRIED Unanimous B. Ordinance No. 86-41-0 Amending 17.02, Comprehensive Plan ORDINANCE (Akhiok). NO. 86-41-0 GREGG, moved to adopt Ordinance seconded by MCFARLAND No. 86-41-0. The presiding officer called for public testimony; there being none, the public hearing was closed. VOTE ON MOTION TO ADOPT Ayes: Barker, Gregg, McFarland, Austerman, White Noes: None MOTION CARRIED Unanimous C. Ordinance No. 86-42-0 Rezoning Lots lA Through 2A And Lots 4 ORDINANCE Through 9, Block 5, Miller Point Alaska Subdivision From NO. 86-42-0 RR1--Rural Residential One To R2--Two-Family Residential. BARKER, moved to adopt Ordinance seconded by GREGG No. 86-42-0. The presiding officer called for public testimony. Bill Nickel, property owner in the area, stated that the rezone would allow the owners of property in the area to develop it to full potential by allowing duplexes. He stated there were four houses in the area that were designed as duplexes or being utilized as duplexes. A rezoning would bring these houses into compliance with the zoning laws and he urged support for the rezone. Mark Majdic, property owner in the area, said he already had a variance for a duplex but every time he wanted to make a change in his property, he had to get a new permit. He thought that rezoning of the area would simplify matters for him. He said Kodiak was developing and this area was the logical place to go. The presiding officer closed the public hearing and reconvened the assembly. 4 Kodiak Island Borough Regular Assembly Meeting November 6, 1986 VOTE ON MOTION TO ADOPT Ayes: Noes: Gregg, McFarland, Austerman, Barker, White. None MOTION CARRIED Unanimous D. Ordinance No. 86-43-0 Revising Kodiak Island Borough Code Section 13.01.150 Pertaining To Utilities. BARKER, seconded by GREGG moved to adopt Ordinance No. 86-43-0. The presiding officer called for public testimony; there being none, the public hearing was closed. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED 9. MESSAGES FROM THE BOROUGH MAYOR McFarland, Austerman, Barker, Gregg, White None Unanimous Mayor Selby explained no work session would be held next week because four of the assembly members would be in Juneau attending the Alaska Municipal League Conference. He said the group would also meet with the Southwest Municipal Conference to consider mutual concerns regarding fisheries and transportation. Also, he pointed out that the last work session for November had been moved from Thanksgiving day to Tuesday evening, November 25th. PUBLIC HEARING ORDINANCE NO. 86-42-0 (continued) ORDINANCE NO. 86-43-0 MESSAGES FROM MAYOR He introduced Resolution 86-83-R pertaining to the Coast Guard RESOLUTION helicopter accident and the Rotary Club's initiative to establish NO. 86-83-R a fund entitled "Beyond The Call Of Duty" trust fund for higher education for the children of Coast Guard personnel who are killed in the line of duty in Alaska. BARKER, seconded by McFarland VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED 10. OLD BUSINESS moved to adopt Resolution No. 86-83-R. Austerman, Barker, Gregg, McFarland, White None Unanimous A. Resolution No. 86-70-R Allocating Up To $85,000 For The Upgrade Of The City Of Kodiak Sewage Treatment Plant. AUSTERMAN, seconded by BARKER VOTE ON MOTION TO REMOVE FROM TABLE Ayes: Noes: MOTION CARRIED moved to remove from the table Resolution No. 86-70-R. Barker, McFarland, Austerman, White Gregg 4 Ayes, 1 No OLD BUSINESS RESOLUTION NO. 86-70-R 5 IAq Kodiak Island Borough November 6, 1986 Regular Assembly Meeting Assemblyman Austerman noted that the cover letter on the resolu- OLD BUSINESS tion stated that Service District #1 Advisory Board would forward a recommendation following its meeting on September 30. He asked RESOLUTION if the recommendation had been received. NO. 86-70-R (continued) In response to a request from the assembly, Scott Arndt, chairman of Service District #1, said the Service District's recommenda- tion was to pay a portion of the cost based on the number of users which would be approximately 22 percent. He said there was another problem with the city regarding a lift station at the end of Mill Bay Road and a lift station in a trailer court owned by Mike Rasmussen. The lift station at the trailer court pumps into the city's lift station on Mill Bay. Regarding these lift stations, he said the bid awarded to Felton Construction last month for Service District #1 Project 85-2 covered everything except a sewer gravity feed that would eliminate both lift stations. He stated that he had reservations about getting involved with the city's treatment plant and would much rather see a compromise where the service district grant money would pay for Schedule V of Felton Construction bid award to eliminate the city's lift station rather than allocating money for upgrading the treatment plant. A discussion followed between assemblymembers, the mayor, and Mr. Arndt. VOTE ON MOTION TO ADOPT Ayes: None Noes: Gregg, McFarland, Austerman, Barker, White MOTION FAILED Unanimous 11. NEW BUSINESS NEW BUSINESS A. Reorganization of the Assembly REORGANIZATION OF ASSEMBLY GREGG, moved to appoint Lorne White seconded by BARKER as presiding officer by unanimous consent. VOTE ON MOTION TO APPOINT Ayes: McFarland, Austerman, Barker, Gregg, White Noes: None MOTION CARRIED Unanimous AUSTERMAN, moved to appoint Ann Barker seconded by McFarland as deputy presiding officer. VOTE ON MOTION TO APPOINT Ayes: Austerman, Barker, Gregg, McFarland, White Noes: None MOTION CARRIED Unanimous B. BID AWARDS BID AWARDS None The presiding officer called a five minute recess. 6 i3C) Kodiak Island Borough November 6, 1986 Regular Assembly Meeting C. RESOLUTIONS NEW BUSINESS None D. ORDINANCES FOR INTRODUCTION ORDINANCES FOR INTRODUCTION None E. OTHER ITEMS OTHER ITEMS 1. Safeway Store Liquor License transfer from Safeway SAFEWAY LIQUOR Stores, Inc. to Forchek Corporation. LICENSE TRANSFER GREGG, moved to waive the 30 day seconded by AUSTERMAN protest period for the Safeway Store Liquor License transfer from Safeway Stores, Inc. to Forchek Corporation. VOTE ON MOTION Unanimous voice vote 12. CITIZENS' COMMENTS CITIZENS' COMMENTS Scott Arndt requested an explanation of item 6-e on Resolution 86-81-R which states: "Every residential unit will be charged for solid waste collection services." He interpreted this statement to include every resident in the villages too. He also wanted to know how the borough planned to collect for this service when some areas did not have utility billing. He didn't think the borough had any "teeth" to collect in areas where water and sewer services could not be turned off as a method of collection. He objected to the part that said "every residential unit" because he said people who had businesses in town would take their garbage to those dumpsters. He asked if there was going to be a provision for exceptions for garbage service pick up. Mayor Selby responded by saying the borough had adopted non -area wide garbage powers which excluded the villages. He stated Service District #1 would be billed with their water and sewer billing with the other districts billed for only a garbage service. He said there would be no exceptions made for garbage service pick, up. 13. ASSEMBLYMEN'S COMMENTS ASSEMBLYMEN'S COMMENTS GREGG, moved to authorize the Mayor seconded by AUSTERMAN to award Schedule V of Service District #1 Project 85-2 to Felton Construction. VOTE ON MOTION TO AWARD Ayes: Austerman, Barker, Gregg, McFarland, White Noes: None MOTION CARRIED Unanimous Assemblyman McFarland said it was nice to be a member of the assembly and he was looking forward to working hard. Assemblymember Barker stated that she voted for the rezoning of an area that recently had water and sewer installed. She said that she had reservations about requests for rezoning coming in on the heals of new sewer and water lines. She said she lives in an area that will get water and sewer shortly but she has reser- vations about it if it automatically means higher density. She would like to preserve the residential districts and hates to see the adverse effects of progress. lit Kodiak Island Borough Regular Assembly Meeting November 6, 1986 Assemblyman White welcomed Assemblyman McFarland to the assembly. ASSEMBLYMEN'S COMMENTS Assemblyman White asked Mayor Selby to present to the public the plans for the village school construction where the borough will act as the general contractor and utilize local labor as much as possible. Mayor Selby said the concept was to use the bond fund frugally to get the most building construction possible out of the available monies and at the same time utilize local hire in the villages and Kodiak. He said all electrical and plumping contracting work would be going to Kodiak businesses thereby keeping all the construction and labor funds on Kodiak Island. The architectural work and civil engineering would be done by licensed in-house borough staff. He said 20-25 percent more square footage of building could be built using this concept. 14 There being no further business to come before the assembly, the meeting adjourned at 8:26 p.m. ATTEST: B roug e k '•' (i, a �//t Pr ding Officer 8 13�2