Loading...
1987-06-04 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting June 4, 1987 A regular meeting of the Kodiak Island Borough Assembly was held June 4, 1987, 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 pledge of allegiance was led by Presiding Officer White. There were present: Lorne White, Presiding Ann Barker Ken Gregg Wayne Stevens Alan Austerman Eric Blankenburg (6:38 p.m.) Jack McFarland 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 STEVENS WITHOUT OBJECTION, SO ORDERED CONSENT AGENDA GREGG, seconded by MCFARLAND WITHOUT OBJECTION, SO ORDERED moved to approve agenda with the addition of Resolution No. 87-34-R to "Old Business" moved to approve consent agenda. A. K.I.B. Regular Assembly Meeting Minutes of May 7, 1987. This item was previously approved under the "Consent Agenda." CITIZEN'S COMMENTS Mayor Selby presented an award of commendation to James H. Gingerich in recognition of three years of outstanding service to the Kodiak Island Borough as administrator of the Kodiak Island Hospital. Scott Arndt referring to the East Elementary Bid Award said that he disagreed with the engineers' plans to leave the existing ^ mechanical room in place. He felt the mechanical room was a potential hazard and should be moved while the remodeling construction was in process. Dave Chatfield, a retired businessman, commented that he noticed the audience at the special budget meeting consisted of individu- als who represented groups that wanted something from the assembly. He said he did not hear anyone in the audience state they were property owners thereby subject to property tax or that the groups had done anything.to help themselves to create revenue. He thought the assembly should tell these people to find ways to help themselves because the property owners could not continue to fund them. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA CONSENT AGENDA APPROVAL OF MINUTES CITIZEN'S COMMENTS Kodiak Island Borough Regular Assembly Meeting Mayor Selby presented the Employee of the Month Award to Nancy Missal of the Kodiak Island Mental Health Center. None PUBLIC REARING A. Ordinance No. 87-12-0 Revising Title 13 Of The Kodiak Island Borough Code Pertaining To Utilities. STEVENS, seconded by AUSTERMAN STEVENS, seconded by BARKER moved to adopt Ordinance No. 87-12-0, moved to amend Section 13.02.075(B) by deleting "establish the appropriate rate or." The presiding officer called for public testimony. Scott Arndt, Chairman of Service District # 1, stated this ordi- nance was not aimed at one particular situation. He explained the service district policy for requiring a water meter to be installed and said the monthly charges were based on the actual amount of water usage. Mr. Arndt responded to several questions from the assembly. Joachim Becker, International Seafoods, told the assembly that his company had been under the impression this ordinance had been introduce as a result of the new building his firm was construct- ing on Selief Lane. He explained the building was in a single family zoning area and his company had gone to great length to comply with the R-1 zoning code. He explained the building would be used within the constrains of a single family unit and said he had no problem with being charged for the actual water used. His concern was the definition being applied to a single family unit. The presiding officer closed the public hearing and reconvened the assembly. VOTE ON MOTION TO AMEND MOTION CARRIED GREGG, seconded by AUSTERMAN VOTE ON MOTION TO AMEND MOTION CARRIED VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Affirmative voice vote with Assemblymember Barker responding in the negative. moved to amend Section 13.02.075(B) to read "actual annual" water usage. Unanimous voice vote Austerman, Barker, Blankenburg, Gregg, McFarland, Stevens, White None Unanimous EMPLOYEE OF THE MONTH AWARD COMMITTEE REPORTS PUBLIC HEARING ORDINANCE NO. 87-12-0 June 4, 1987 Page 2 Kodiak Island Borough Regular Assembly Meeting B. Ordinance No. 87-14-0 Amending Section 17.36.030, Re- lating To Nonconforming Lots Of Record And Sections 17.06.610, 17.16.050, 17.17.050, 17.18.050, 17.19.040, And 17.20.040, Relating To Side And Rear Yard Building Setbacks In Residential Zoning Districts. GREGG, seconded by MCFARLAND moved to adopt Ordinance No. 87-14-0. The presiding officer called for public testimony. Scott Arndt spoke in favor of the ordinance and said it would reduce a lot of complications and save the staff time interpreting the existing code. At the request of the presiding officer, Linda Freed explained the purpose of the ordinance. The presiding officer closed the public hearing and reconvened the assembly. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Barker, Blankenburg, Gregg, McFarland, Stevens, Austerman, White None Unanimous C. Ordinance No. 87-15-0 Reserving Certain Borough Lands As A Vegetative Screen. MCFARLAND, seconded by GREGG moved to adopt Ordinance No. 87-15-0. The presiding officer called for public testimony. Cathy Cordry, a resident in the area of the vegetative screen, spoke in favor of the ordinance and thanked the staff, the assem- bly, and the Monashka Road Service District for being so supportive. Also, she read a letter from other property owners in the area, John and Tracy Thomas, supporting the vegetative screen. The presiding officer closed the public hearing and reconvened the assembly. STEVENS, moved to amend Section 3 to seconded by GREGG read "with the exception of activities necessary for health purposes such as a settling pond for leachate for the landfill." Assemblyman Blankenburg felt with this amendment it was a fore- gone conclusion that the trees would be cut in the area for the settling pond and this ordinance was an effort in futility. Mayor Selby responded if the leachate could not be controlled with the present drain pipe that DEC would require the borough to upgrade the treatment of the leachate and a settling pond would be the next step in this treatment. He went on to explain the proposed plan for establishing a settling pond while retaining the vegetative screen. He said the clause was necessary for health purposes. AUSTERMAN seconded by MCFARLAND moved to table Ordinance No. 87-15-0. PUBLIC HEARING ORDINANCE NO. 87-14-0 ORDINANCE NO. 87-15-0 June 4, 1987 Page 3 1. ,S, Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO TABLE Ayes: Noes: MOTION CARRIED Blankenburg, Gregg, McFarland, Stevens, Austerman, Barker, White None Unanimous The presiding office instructed the clerk to notify the residents of the Monashka Bay Road Service Area that the vegetative screen would be discussed at the June 18th work session. D. Ordinance No. 87-17-0 Amending The Personnel Rules And Regulations Affecting Non -Temporary Part-time Employees. MCFARLAND, seconded by GREGG moved to adopt Ordinance No. 87-17-0. The presiding officer called for public testimony; there being none the assembly was reconvened. At the request of Assemblyman Austerman, Mayor Selby explained the reasons behind this ordinance and the individuals covered. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Gregg, McFarland, Stevens, Austerman, Barker, Blankenburg, White None Unanimous The presiding officer called for a five minute recess. The presiding officer reconvened the assembly. 9. MESSAGES FROM THE BOROUGH MAYOR A. East Elementary School Bid Award. Assemblyman Blankenburg asked Mayor Selby to address Scott Arndt's concerns regarding the boiler room. Mayor Selby explained that moving the boiler room had been reviewed and after inspection by the engineers, it was decided that the hot water heating system did not have to be replaced and the boilers posed no hazard to the students. At the request of Assemblyman Gregg, Mayor Selby explained the third and fourth alternatives on the bid. Assemblyman Stevens asked for an explanation of the variances requested by the borough to build the addition to East Elementary to which Mike Anderson, member of the Planning and Zoning Commission, responded. AUSTERMAN, seconded by GREGG VOTE ON MOTION TO AWARD Ayes: Noes: MOTION CARRIED June 4, 1987 moved to award contract to Gaston and Associates in an amount NTE $2,540,943 for Basic Bid and Alternatives No. 1, 2, 3, & 4. McFarland, Stevens, Austerman, Barker, Blankenburg, Gregg, white None Unanimous PUBLIC HEARING ORDINANCE NO. 87-15-0 (continued) ORDINANCE NO. 87-17-0 MESSAGES FROM THE MAYOR EAST ELEMENTARY SCHOOL BID AWARD Page 4 Kodiak Island Borough Regular Assembly Meeting Mayor Selby apprised the assembly of the meeting held betw(hen the MESSAGES FROM two contractors who will be interfacing at the baler facility and THE MAYOR he said he felt there would be a good working relationship between them. Referring to the items in the budget that did not meet With his approval, Mayor Selby said he had reviewed the changes with the individuals who were impacted by them and decided he cot{ld live with them. He proceeded to express several of his concerns regarding the changes in the budget. 10. OLD BUSINESS A. BOARD OF ADJUSTMENT - Mark White Assemblymembers Gregg and Blankenburg indicated they wished to abstain from sitting on the Board of Adjustment. The presiding officer recessed the assembly meeting and convened the Board of Adjustment. Mel Stephens, attorney for Mark White, addressed the assembly on a point of procedure. AUSTERMAN, moved to uphold Planning and seconded by STEVENS Zoning Commission based upon their findings. VOTE ON MOTION Ayes: Stevens, Austerman, Barker, McFarland, Noes: White - Abstain: Blankenburg, Gregg MOTION CARRIED 4 Ayes, 1 No, 2 Abstentions The presiding officer closed the Board of Adjustment and recon- vened the assembly. OLD BUSINESS BOARD OF ADJUSTMENT MARK WHITE APPEAL LeN. B. Bay View Road Service Area Maintenance Contract. BAY VIEW ROAD '°-SERVICE AREA AUSTERMAN, moved to remove from the MAINTENANCE seconded by GREGG table the award of the Bay CONTRACT View Road Service Area Maintenance Contract. VOTE ON MOTION TO REMOVE FROM TABLE Assemblyman Austerman explained the award had been tabled until the assembly heard from the Bay View Road Service Area Board of Supervisors approving the contract and their approval has been received, a VOTE ON MOTION TO AWARD Ayes: Austerman, Barker, Blankenburg, Gregg, McFarland, Stevens, White' M Noes: None MOTION CARRIED Unanimous I June 4, 1987 Page 5 Kodiak Island Borough Regular Assembly Meeting C. Ordinance No. 87-09-0 Amending Chapters 17.03, 17.06, and 17.39 Relating To Approach Zones, Clear Zones and Parking Zones For Utility Airports In The Kodiak Island Borough. AUSTERMAN moved to remove from the seconded by GREGG table Ordinance No. 87-09-0. VOTE ON MOTION TO REMOVE FROM TABLE MOTION CARRIED Unanimous GREGG, moved to amend Section seconded by AUSTERMAN 17.06.045(1) to read "The approach surfaces for the municipal airport extend upward and outward from the south end of the existing lake surface (toward Larch Street) and the north end of the gravel runway (Von Sheele Way) only." Mike Anderson responded to questions from the assembly regarding the ordinance. VOTE MOTION TO AMEND MOTION CARRIED VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: MOTION CARRIED Unanimous Voice Vote Barker, Blankenburg, Gregg, McFarland, Stevens, Austerman, White None Unanimous D. Resolution No. 87-34-0 Authorizing A One -Time (Single -Year) Reduction To Property Taxes. BLANKENBURG moved to remove from the seconded by GREGG table Resolution No. 87-34-0. VOTE ON MOTION TO REMOVE FROM TABLE MOTION CARRIED Unanimous GREGG, moved to amend by seconded by BLANKENBURG substitution. VOTE ON MOTION TO AMEND MOTION CARRIED Unanimous Voice Vote VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Blankenburg, Gregg, McFarland, Stevens, Austerman, White Noes: Barker MOTION CARRIED 6 Ayes, 1 No OLD BUSINESS ORDINANCE NO. 87-09-0 RESOLUTION NO. 87-34-0 June 4, 1987 Page 6 �3� Kodiak Island Borough Regular Assembly Meeting 11. NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS 1. Animal Control Contract Renewal ANIMAL CONTROL CONTRACT RENEWAL MCFARLAND, moved to authorize Mayor to seconded by STEVENS negotiate Animal Control Contract Renewal with Covey Animal Control in an amount NTE $30,000. VOTE ON MOTION TO AWARD Ayes: Gregg, McFarland, Stevens, Austerman, Barker, Blankenburg, White Noes: None MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 87-33-R To Effect Certain Budget RESOLUTION Changes For Fiscal Year 1987. NO. 87-33-R STEVENS, moved to adopt Resolution seconded by GREGG No. 87-33-R. VOTE ON MOTION TO ADOPT Ayes: McFarland, Stevens, Barker, Gregg, White Noes: Austerman, Blankenburg MOTION CARRIED 5 Ayes, 2 Noes C. ORDINANCES FOR INTRODUCTION ORDINANCES FOR INTRODUCTION 1. Ordinance No. 87-10-0 Establishing A Procedure For Obtaining Legal Counsel For The Borough. ORDINANCE NO. 87-10-0 This item was previously approved in first reading under the "Consent Agenda." 2. Ordinance No. 87-11-0 Providing For Two Regular ORDINANCE Assembly Meetings Per Month. NO. 87-11-0 This item was previously approved in first reading under the "Consent Agenda." 3. Ordinance No. 87-16-0 Relating To Littering. ORDINANCE NO. 87-16-0 This item was previously approved in first reading under the "Consent Agenda." 4. Ordinance No. 87-22-0 Amending Chapter 17.02, ORDINANCE Comprehensive Plan, Of The Borough Code, Incorpo- NO. 87-22-0 rating The Chiniak Area Comprehensive Plan. This item was previously approved in first reading under the "Consent Agenda." June 4, 1987 Page 7 Kodiak Island Borough Regular Assembly Meeting D. OTHER ITEMS A. Authorization To Advertise For Bids, Chiniak Sub- division Roadway Improvements. The presiding officer explained the project was ready to adver- tise for bid once the right-of-way clearing was completed by Timberline, Inc., or their clearing contract was terminated and inquired whether the clearing contract was still in place. Mayor Selby said the recommendation was to not approve the authorization until staff was available to inspect the construction. GREGG, seconded by BARKER VOTE ON MOTION Ayes: Noes: MOTION FAILED moved to authorize Mayor to bid Chiniak Subdivision Roadway Improvements and recommend provisions for project management. None Stevens, Austerman, Barker, Blankenburg, Gregg, McFarland, White Unanimous 12. INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS 1. K.I.H. School District Regular Meeting of April 27, 1987 and Special Meetings of May 4, 1987, May 7, 1987, May 11, 1987, and May 20, 1987. 2. K.I.B. Hospital Advisory Board Regular Meeting of March 25, 1987. 3. K.I.B. Planning And Zoning Commission Regular Meeting of May 20, 1987. 4. K.I.B. Board of Equalization Minutes of May 12, 1987. B. REPORTS 1. K.I.B. Financial Report for April, 1987. 2. K.I.S. School District Financial Report for April, 1987. 3. Staff Reports - Community Development, Facilities C. OTHER None 13. CITIZENS' COMMENTS Scott Arndt clarified his comment regarding moving the mechanical room at East Elementary School. He said the problem was the combustibles (diesel fuel) used in generating the hot water heat that created a potential problem and liability. He said he was offended by the borough requesting a variance on the parking requirements and asked why the requirement was on the books if the borough wasn't going to adhere to it. Mike Anderson thought the clearing of trees should be included as part of the Chiniak Subdivision Roadway contract because a lot of the area was soft and steep and two contractors might not be as conscientious about keeping the area undisturbed as one contractor would be. NEW BUSINESS OTHER ITEMS AUTHORIZATION TO ADVERTISE FOR BIDS, CHINIAK SUBDIVISION ROADWAY IMPROVEMENTS INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS CITIZENS' COMMENTS June 4, 1987 Page 8 a�3 Kodiak Island Borough Regular Assembly Meeting 'S COMMENTS Assemblyman Blankenburg questioned the Mayor regarding the sites for dumpsters and the cost estimates received to build the Larsen Bay and Port Lions Schools. He also commented on a letter written by the borough regarding an application for a mariculture project and asked Linda Freed for clarification. He asked if the assembly could have a synopsis of mariculture projects each month. Assemblyman Austerman requested that the assembly receive the information on the Port Lions and Larsen Bay school award prior to the scheduled special meeting on June 25th so there would be time to review it. He brought up the need for speed limit signs on Selief Lane. Also, he requested the Architectural Review Board to review the East Elementary School plans at their next meeting to alleviate his concerns over the points brought up by Mr. Arndt. He inquired about the baler facility's completion date, the baler budget, and said that he had heard there was a problem with the drainage at the facility. Mayor Selby responded to Assemblyman Austerman's concerns and also explained the landfill close-out and leachate containment program. Assemblyman Gregg suggested that in view of the budget cuts to the Chiniak Community Forum that they contact the K.I.B. Hospital Board to see if the proposed EMS program would fit under the hospital umbrella. With regard to the assembly's concern over construction change orders, he asked the clerk to prepare an ordinance change that would require the signature of the presid- ing officer or deputy presiding officer on change orders over "V percent of the total project amount (the percentage to be deter- mined at a work session). He said in the next few months he would be working on outlining a budget format for the borough. He noted that he donated 100 pounds of grass seed for use in borough parks. He addressed the Mayor's comments on the budget. He said he would like to see the borough challenge the constitutionally of state House Bill 126 regarding the funding of education. Assemblyman Stevens concurred with Assemblyman Gregg's views on the state funding of education. He reiterated his views that a budget was a working plan and there was no reason why the assem- bly could not continue to monitor it. He brought up the possi- bility of reorganization in the structure of the borough with regard to consolidation of departments. Assemblyman McFarland agreed that the budget was an on -going process. Assemblymember Barker asked Linda Freed to comment on the draft letter that was written to the state Division of Governmental Coordination on the National Wildlife Refuge Plan. ASSEMBLYMEN'S COMMENTS BARKER, moved to have a letter sent LETTER REGARDING seconded by BLANKENBURG to the Alaska Division of KODIAK NATIONAL Governmental Coordination WILDLIFE REFUGE on the National Wildlife PLAN Refuge Plan from the assembly. Ayes: Barker, Blankenburg, Gregg, Stevens, White Noes: Austerman, McFarland MOTION CARRIED 5 Ayes, 2 Noes Assemblyman White asked to have the vegetative screen ordinance on the June 18th work session agenda and the residents of the area notified of the meeting by the clerk. He commented on the budget. June 4, 1987 Page 9 3 Kodiak Island Borough Regular Assembly Meeting ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 9:52 p.m. j iding Officer ATTEST: orou h erk June 41 1987 Page 10 --�- 2S—