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1987-02-05 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting February 5, 1987 A regular meeting of the Kodiak Island Borough Assembly was held REGULAR February 5, 1987, in the Assembly Chambers of the Kodiak Island MEETING Borough 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 Father Leo Desso of St. Mary's Catho- INVOCATION lic Church followed by the Pledge of Allegiance. There were present: PRESENT Lorne White, Presiding Alan Austerman Ann Barker Eric Blankenburg Ken Gregg Jack McFarland Wayne Stevens comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Bud Cassidy, Resource Management Officer Gaye Vaughan, Borough Clerk Shirley Berns, Deputy Borough Clerk APPROVAL OF AGENDA AGENDA APPROVAL Mayor Selby requested that the KIB Financial Report for January 1987 be removed from the agenda has the staff has not completed the report yet. BARKER, moved to amend the agenda by seconded by AUSTERMAN adding Resolution 87-12-R under "New Business." WITHOUT OBJECTION, SO ORDERED GREGG, moved to amend the agenda by seconded by MCFARLAND removing Appointment to Mental Health Center Board under "Committee Reports." WITHOUT OBJECTION, SO ORDERED GREGG, moved to amend the agenda by seconded by STEVENS moving Findings of Fact - Ordinance No. 86-51-0 from Consent Agenda to "New Busi- ness" and remove K.I.B. Financial Report for Janu- ary, 1987 from "Communica- tions to the Assembly." WITHOUT OBJECTION, SO ORDERED BARKER, moved to approve agenda as seconded by MCFARLAND amended. WITHOUT OBJECTION, SO ORDERED CONSENT AGENDA CONSENT AGENDA A. RESOLUTIONS None B. ORDINANCES FOR INTRODUCTION M Kodiak Island Borough Regular Assembly Meeting 1. Ordinance No. 87-06-0 To Determine The Disposition Of ORDINANCE Tax Foreclosure Properties. NO. 87-06-0 C. COMMUNICATIONS TO THE ASSEMBLY COMMUNICATIONS 1. K.I.B. Financial Report for December, 1986 2. Audit Management Letter 3. Combined Financial Statement with Schedule of Federal Financial Assistance and Single Audit Reports. Combined Financial Statement with Schedule of State of Alaska Financial Assistance and State Single Audit Reports. D. APPROVAL OF MINUTES APPROVAL OF MINUTES 1. K.I.B. Assembly Regular Meeting of January 6, 1987 E. MINUTES OF OTHER MEETINGS OTHER MINUTES 1. K.I.S. School District Special Meeting of January 5, 1987. K.I.B. School District Special Meeting of January 10, 1987. K.I.S. School District Special Meeting of January 12, 1987. 2. Monashka Bay Service Area Advisory Board Minutes of July 29, 1986, October 31, 1986, December 12, 1986, and January 16, 1987. 3. K.I.B. Planning And Zoning Commission Regular Meeting of December 17, 1986. 4. K.I.B. Personnel Advisory Board Regular Meeting of January 5, 1987 MCFARLAND, moved to approve consent seconded by STEVENS agenda. WITHOUT OBJECTION, SO ORDERED CITIZEN'S COMMENTS CITIZEN'S COMMENTS Mayor Selby presented the Employee of the Month Award to Sylenda Paddock, Clerk/Cashier in the Finance Department. Nick Szabo commended the borough on addressing the animal control problem. Aiming at the dog problem, he stated that neutering young dogs will stem the problem of reproducing but they will still run in packs, chase cars and bikes, etc. He felt that $75 license fee for unsterilized dogs would only enrichen the local vets and not solve the problem. He favored a modified lease law over the high fees for unsterilized dogs. Horace Simmons also addressed the animal control ordinance and the fee schedule. He pointed out the "intent" as stated in the ordinance . He was also opposed to fining dog owners for owning unsterilized dogs. He felt that irresponsible owners would not be paying the fee and responsible owners are doing their part to see that there is not dog problem on the island. In response to Assemblyman Austerman, Mr. Simmons indicated that he would be willing to meet with the assembly to amend the ordinance. Dewitt Fields noted that there are cattle on numerous islands within the borough other than Kodiak Island and he did not feel there was any way for the borough to enforce the ordinance as far as they are concerned. He also pointed that the state has had a branding law in force for at least thirty years and the borough should not be trying to duplicate it. Okey Chandler also spoke in opposition to the animal control ordinance. February 5, 1987 Page 2 J� Kodiak Island Borough Regular Assembly Meeting Jean Barber also addressed the animal control ordinance and noted that she would also be willing to take part in a committee review of the ordinance. Daniel Miller felt that this was more a matter of law enforcement than animal control. Scott Thompson, Planning & Zoning Commissioner, noted that he was present to answer questions of the assembly. PUBLIC HEARING A. Resolution No. 87-09-R Authorizing A Five Year Lease In The Salonie Creek Area, Portion Of U. S. Survey 2539, For An Animal Shelter and Grazing Rights. MCFARLAND, seconded by STEVENS moved to adopt Resolution No. 87-09-R. The presiding officer called for public testimony. Linda Robichaud stated she is currently President of the SPCA and they have requested this lease as horse owners need a place to shelter and graze their horses. She felt it is important for the community to have a spay and neuter clinic, and the SPCA hopes to provide it. In response to questions, Ms. Robichaud answered that while the SPCA would administer this, install the fencing and build the shelter, the land would be open to anyone who want- ed to use it. Brad Pope noted that grazing is at a premium in Kodiak and the lease at Kalsin Bay will be lost in the near future. This area is convenient for everyone. He noted that if this area is to be leased, it should be advertised as there are other groups inter- ested in it, such as 4-H and the rodeo group. In response to questions, Mr. Pope noted that as land disputes are settled there will be less places for horses to graze. He didn't know the exact number of horses in the area. He noted that Mr. Gade, the University of Alaska Extension Service Agent, had felt this Salonie area could accommodate eleven horses. Dewitt Field felt a range survey should be made prior to any disposition of this land. In response to questions regarding supplemental feeding, Mr. Field stated that was an individual option as everyone cares for their animal differently. In fur- ther response, he did not feel the animals would be endangering the salmon fry in the streams. Charles Pearman felt the answer to the question of administration was very vague. He understands the need for grazing, but could not understand the need for a third animal control shelter, as the city and borough each have one. He questioned the long range plans and the purposes of this organization and he did not feel this project conformed to the objectives of the SPCA. With no further testimony to come before the assembly, the pre- siding officer closed the public hearing and reconvened the as- sembly. Assemblyman Austerman noted that there are a great many unan- swered questions about this lease and the land. The assembly should look at the entire parcel as this is only 200 acres of an 8,000 acre parcel. AUSTERMAN, seconded by BARKER moved to table Resolution No. 87-09-R CITIZENS' COMMENTS (Continued) COMMITTEE REPORTS PUBLIC HEARING RESOLUTION NO. 87-09-R February 5, 1987 Page 3 •A Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO TABLE Ayes: Noes: MOTION CARRIED Blankenburg, Gregg, McFarland, Stevens, Austerman, Barker, White None Unanimous B. Ordinance No. 87-01-0 Rezoning Portions Of U.S. Surveys 3467, 3468 and 3469, Comprising All Lands Surrounding The Kodiak Municipal Airport That Are Currently Zoned PL--Public Use Lands. STEVENS, seconded by AUSTERMAN moved to adopt Ordinance No. 87-01-0 The presiding officer called for public testimony. Okey Chandler questioned the reasons for the borough obtaining more industrial land. In response, Mayor Selby noted this would rezone the borough land surrounding the municipal airport to industrial from public use. Airports are only allowed in industrial zones. The presiding officer closed the public hearing and reconvened the assembly. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Gregg, McFarland, Stevens, Austerman, Barker, Blankenburg, White None Unanimous RESOLUTION NO. 87-09-R (Continued) ORDINANCE NO. 87-01-0 C. Ordinance No. 87-02-0 Amending Ordinance No 86-21-0, Levying ORDINANCE Taxes On All Taxable Real And Personal Property Within The NO. 87-02-0 Borough For 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. BARKER, seconded by BARKER, seconded by MCFARLAND moved to adopt Ordinance No. 87-02-0. moved to amend by substitution Ordinance No. 87-02-0. The presiding officer called for public testimony. Noreen Thompson questioned the amount to be appropriated for school. In response, Mayor Selby noted that this ordinance in- cludes an additional $45,000 for school support. Ms. Thompson thanked the assembly for their concern and urged support for this ordinance. At the request of the presiding officer, Mayor Selby outlined the budgetary changes as follows: $7500 for records management; $1200 for elections; $25,000 for increased insurance costs; $5250 for continuing education for borough staff; reduced $12,000 for an automobile not purchased; $15,750 for audit; $9,000 for audi- tors' travel expenses; reduced hospital contingency by $150,000; $25,000 for Beyond Call of Duty trust fund; $15,200 for Visitors & Convention Bureau; $58,100 for building and grounds insurance; $15,000 for search and rescue, which we will negotiate with city; $45,000 for school district; and transferring interest earnings into various accounts and closing completed projects accounts. February 5, 1987 Page 4 (69 Kodiak Island Borough Regular Assembly Meeting Daniel Miller supported additional funding for aides for the elementary schools. Scott Arndt requested more detailed explanations of supplemental budget changes. He questioned additional money being appropriated for the school district and the effect this has on next year's budget. — Laurie Madsen called to give support for the appropriation for education and expressed concern that it was not more. She reit- erated the value of the aides and hoped this appropriation would not have a negative effect on next year's budget. Judy Fulp stated this is not a wasted appropriation as it goes directly into the classroom and will eliminate some of the stress felt by the teachers and students. Jack Bennett, speaking to the increased education appropriation, applauded the assembly for making an attempt at salvaging a worthwhile project. Dennis Murray stated the School Board appreciates the assembly's consideration for the supplemental request. He echoed remarks made by Mr. Arndt regarding detailed explanations of the supple- mental budget ordinance. He questioned the funding for animal control, to which he was told this was included in the budget at the time of adoption. He questioned the use of general fund money for non-areawide services and went on to question other specific items of this ordinance. Vernie Swanson also spoke in support of additional funding for elementary school aides. Pat Helms stated there is nothing more important than our chil- dren's education. Fran Yates -March thanked the assembly for recognizing the need for the funds for instructional material. With no further testimony to come before the assembly, the pre- siding officer closed the public hearing and reconvened the as- sembly. VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: McFarland, Stevens, Austerman, Barker, Blankenburg, Gregg, White None Unanimous Stevens, Austerman, Barker, Blankenburg, Gregg, McFarland, White None MOTION CARRIED Unanimous D. Ordinance No. 87-03-0 Delineating The Period Of Time That Appropriations Are Available For Encumbrance And Eventual Expenditures. AUSTERMAN, seconded by moved to adopt Ordinance No. 87-03-0. The presiding officer called for public testimony. ORDINANCE NO. 87-02-0 (Continued) ORDINANCE NO. 87-03-0 February 5, 1987 Page 5 Iqo Kodiak Island Borough Regular Assembly Meeting Dennis Murray questioned specific sections of the ordinance, to ORDINANCE which Mayor Selby noted that once general fund money has been NO. 87-03-0 transferred to capital accounts, it becomes capital money and (Continued) would not lapse at the end of the year. He went on to question his interpretation of this ordinance. Mayor Selby noted that this would put into writing what has been in effect for several years regarding school district year end fund balance where the funds automatically revert back to the school district for the next year's budget. This will give more responsibility to the school district staff as the money they save will be their money to spend next year. The presiding officer closed the public hearing and reconvened the assembly. VOTE ON MOTION TO ADOPT Ayes: Austerman, Barker, Blankenburg, Gregg, McFarland, Stevens, White Noes: None MOTION CARRIED Unanimous E. Ordinance No. 87-05-0 Amending K.I.B. Code Section 3.16.070, ORDINANCE Exceptions To Bidding Requirements. NO. 87-05-0 STEVENS, moved to adopt Ordinance seconded by BLANKENBURG No. 87-05-0. The presiding officer called for public testimony. Scott Arndt questioned the limitations on the amount authorized by statute, to which Mayor Selby noted that there are no limita- tions in the statutes and that the statutes allow municipalities to contract with each other when in the best interest of the citizens. Mr. Arndt addressed this in relationship to contract- ing with the villages for school construction. He felt that a dollar limit should be placed on this authorization and that anything over that limit should come before the assembly for a public hearing. Mark Majdic also questioned this ordinance, to which the mayor noted that this brings the borough code into compliance with state statutes in allowing the borough to enter into contract with the city, villages or the state without bidding. He agreed with Mr. Arndt that there should be a dollar limit on this and some checks and balances should be put in place. The presiding officer closed the public hearing and reconvened the assembly. The assembly and the mayor entered into discussion on placing a cap on the contract amount. BLANKENBURG, moved to amend by adding ^ seconded by MCFARLAND prior to the last period in Section 3.16.070(D) "with the assembly holding a pub- lic hearing on contracts exceeding $100,000." VOTE ON MOTION TO AMEND Ayes: Blankenburg, Gregg, McFarland, Stevens, Austerman, Barker, White Noes: None MOTION CARRIED Unanimous February 5, 1987 Page 6 Ir/ I Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Barker, Blankenburg, Gregg, McFarland, Stevens, White Austerman 6 Ayes, 1 No The presiding officer called for a recess, after which he recon- vened the assembly. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby noted the calendar for February and pointed out that the assembly would be traveling to Larsen Bay and Port Lions on February 14 to view the schools. (Clerk's Note: The village trip was later changed to February 21. ) OLD BUSINESS A. Notice to Rescind Resolution 86-88-R Establishing Fees For Licensing, Impounding, Boarding, Redeeming, And Disposing Of Animals. AUSTERMAN, moved to rescind Resolution seconded by MCFARLAND No. 86-88-R. VOTE ON MOTION TO RESCIND Ayes: Gregg, McFarland, Stevens, Austerman, Barker Noes: Blankenburg, White MOTION CARRIED 5 Ayes, 2 Noes Assemblyman Stevens stated that perhaps any amendment to this resolution should be postponed until the assembly appoints a committee to review this and receives their report. Assemblyman McFarland pointed out that we have a contract for enforcement of the ordinance and this resolution is needed to give the staff direction. Assemblyman Barker noted that she would not be in favor of lower- ing the license fees for unsterilized dogs to $10, but would be in favor of $35 to 40. GREGG, seconded by AUSTERMAN VOTE ON MOTION TO AMEND Ayes: Noes: MOTION FAILED BARKER, seconded by BLANKENBURG moved to delete under (a) License Fees, Number 1 and 2 and change Number 3 to read "Dogs." and renumber. Austerman, Gregg McFarland, Stevens, Barker, Blankenburg, White 2 Ayes, 5 Noes moved to delete under (a) Licenses Fees, Number 1 and 2 and change Number 3 to read "Dogs - $25.00 per year." ORDINANCE NO. 87-05-0 (Continued) MESSAGES FROM BOROUGH MAYOR OLD BUSINESS RESOLUTION NO. 86-88-R February 5, 1987 Page 7 Kodiak Island Borough Regular Assembly Meeting Assemblyman Barker did not feel it was unreasonable for animal owners to help pay for the program. The mayor pointed out that neutered and spayed animals do stay home more and are less likely to cause problems. He added that even though the owners may be very responsible, dogs will get away at various times and will need to be picked up. He urged the assembly to keep a split fee, noting that it will be hard to raise it later. The discussion on fees continued. MOTION WITHDRAWN AUSTERMAN, seconded by GREGG VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED moved to change (a) Licenses Fee, to read Number 1 - "$25.00" and Number 2 - "$25.00." Austerman, Barker, Blankenburg, Gregg, McFarland, White Stevens 6 Ayes, 1 No The presiding officer noted that the motion to adopt was now before the assembly. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: MOTION CARRIED Barker, Blankenburg, Gregg, McFarland, Stevens, Austerman, White None Unanimous B. Findings of Fact - Ordinance No. 86-51-0 Rezoning Lot 3B, Block 2, and Lots 1 and 2, Block 3, Miller Point Alaska Subdivision from RR1-Rural Residential One to B--Business. (Corner of Otmeloi Way and Rezanof Drive East) AUSTERMAN, seconded by MCFARLAND moved to concur with findings of fact for Ordinance No. 86-51-0. Assemblyman Gregg noted that he had not voted on the prevailing side when this ordinance was defeated. Since the ordinance failed 3-3 and Assemblyman Barker was absent from that meeting, he felt the vote would change if this were to come back before the assembly. For that reason, he asked that this be placed on the agenda for the meeting of March 5, 1987 in order to be rescinded. GREGG, seconded by STEVENS VOTE ON MOTION TO TABLE Ayes: Noes: MOTION CARRIED moved to table findings of fact. Gregg, McFarland, Stevens, Austerman, Barker, Blankenburg, White None Unanimous RESOLUTION NO. 86-88-R (Continued) ORDINANCE NO. 86-51-0 FINDINGS OF FACT February 5, 1987 Page 8 1?2 Kodiak Island Borough Regular Assembly Meeting NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS 1. General Electrical Contract. ELECTRICAL CONTRACT AUSTERMAN, moved to reject all bids seconded by GREGG and not rebid. VOTE ON MOTION Ayes: McFarland, Stevens, Austerman, Barker, Blankenburg, Gregg, White Noes: None MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 87-08-R Accepting The Department of RESOLUTION Environmental Conservation (Baler Facility) $175,000 NO. 87-08-R Grant From The City Of Kodiak. MCFARLAND, moved to adopt Resolution seconded by STEVENS No. 87-08-R. VOTE ON MOTION TO ADOPT Ayes: Stevens, Austerman, Barker, Blankenburg, Gregg, McFarland, White Noes: None MOTION CARRIED Unanimous 2. Resolution No. 87-12-R Endorsing Continued State Fund- RESOLUTION ing For Public Radio And Public Radio Station KMXT. NO. 87-12-R STEVENS, moved to adopt Resolution seconded by MCFARLAND No. 87-12-R. MOTION CARRIED Unanimous Voice Vote C. ORDINANCES FOR INTRODUCTION ORDINANCES FOR INTRODUCTION None D. OTHER ITEMS OTHER ITEMS 1. Garbage Fee Collection Agreement GARBAGE FEE COLLECTION AUSTERMAN, moved to instruct the mayor AGREEMENT seconded by BLANKENBURG to execute a garbage fee collection agreement with the City of Kodiak. MOTION CARRIED Unanimous Voice Vote 2. Appeal from Bruce and Linda Barrett regarding decision APPEAL BY of Service District No. 1 Board to deny purchase of BRUCE BARRETT grinder pump. Scott Arndt, Chairman of Service District No. 1 Advisory Board, presented the board's position by stating this issue goes back to July 1, 1983. That date was set as the cutoff for grinder pumps being provided for those homes already constructed which needed them. He went on to relate how the funding for installation of water and sewer in the service district has been obtained, and noted that average cost of installation for a one acre lot is February 5, 1987 Page 9 /? y Kodiak Island Borough Regular Assembly Meeting F1 $75,000. He felt a more appropriate date for the cutoff would have been the date of the neighborhood meeting, May 1985. He added that all property owners were notified of that meeting. He reiterated that there has to be a cutoff date and the service district should not have to pay for the Barrett's pump. If the assembly should overturn the board's decision, then it is only fair that the borough reimburse three other property owners who had to buy their pump due to the cutoff date. In response to questions, Mr. Arndt responded that each grinder pump and installation including pipe from the pump to the main cost approximately $8,000. The property owner is then responsi- ble for connecting the pump to their house. Mr. Arndt further responded by saying the cost of installation of the pump is born by the service district in order to keep the integrity of the system. He went on to answer further questions of the assembly. Bruce Barrett stated that he was not asking for something for nothing, but was asking for fair treatment. He felt this was a reasonable request based on the history of the project and noted that on the July 1983 date, the service district board had con- ceptually approved the water and sewer project for Woodland Acres. There was no funding for the project at that time. He applied for his building permit in October 1985 and it was still conceptual at that time. They moved into the house in May 1986 and drilled a 350 ft. well which cost $7,000 not including asso- ciated items. He was never advised that water and sewer would be installed as soon as it was. He noted that the assembly appro- priated the grant from the state in July 1986 and felt that this was a more appropriate cutoff date than the 1983 date. Mr. Barrett responded to questions of the assembly and Mr. Arndt was called back to answer further questions. STEVENS, seconded by BARKER VOTE ON MOTION Ayes: Noes: MOTION CARRIED CITIZENS' COMMENTS moved to grant relief to the appellant and advise the Service District that the date of bid be used as the cutoff and all dwellings with a Certificate of Occupancy be included. Barker, Blankenburg, Gregg, McFarland, Stevens, Austerman, White None Unanimous Mark Majdic addressed the assembly regarding budgeting and spend- ing and felt that garbage and animal control programs should not have enacted when they are not self sufficient. Scott Arndt questioned the action of the assembly on the Barrett appeal and whether the other property owners who purchased their grinder pump will be reimbursed. He also questioned how this will be funded. A lengthy discussion ensued. Assemblyman Barker commended Mr. Arndt for his work on the ser- vice district board. Assemblyman Austerman reported on his recent trip to Juneau as a member of the AML Legislative Committee and the meetings held with various commissioners or deputy commissioners. He outlined a bill sponsored by the Governor regarding the education foundation formula, noted that maintenance could be curtailed on state February 5, 1987 BARRETT APPEAL (Continued) CITIZENS' COMMENTS ASSEMBLYMEN'S COMMENTS Page 10 1 Kodiak Island Borough Regular Assembly Meeting parks by DNR and also that DOT/PF would be eliminating mainte- ASSEMBLYMEN'S nance on secondary roads. He also reported on his meetings with COMMENTS various DOE personnel regarding force account construction of the (Continued) school additions. Assemblyman Stevens thanked Mayor Selby and Mayor Pugh for speak- ing at the recent Chamber of Commerce meeting. He noted that after listening to the city council meeting over the radio, he is convinced that something needs to be done with the microphones in the assembly chambers. STEVENS, moved to direct staff to seconded by GREGG study improvements for sound system. Assemblyman Gregg pointed out that the clerk looked into this some time ago, to which Ms. Vaughan responded that gooseneck mics would cost approximately $4,800 and lapel mics approximately $3,600. MOTION WITHDRAWN A discussion ensued regarding the microphone system. Assemblyman McFarland stated he was in favor of the additional funding for the school district as he feels education is one of our primary responsibilities. The presiding officer stated there would be a task force to re- view the animal control ordinance and appointed Assemblyman McFarland to serve as chairman and Assemblyman Austerman to also serve on it. He said the committee should include someone from the city, someone representing the ranchers and those who have indicated willingness to serve. They should come back to the assembly with recommendations by April 1. He went on to congrat- ulate Ms. Vaughan for being accepted into the Academy for Ad- vanced Education of the International Institute of Municipal Clerks. There being no further business to come before the assembly, the meeting adjourned at 10:05 p.m. L.a- Pr 'ding Officer ATTEST: orou h rk 21 1711910111UDikipY February 5, 1987 Page 11 I b