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1987-10-15 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting October 15, 1987 A regular meeting of the Kodiak Island Borough Assembly was held October 15, 1987 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 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 Jack McFarland Absent: Eric Blankenburg (Excused) Wayne Stevens (Excused) Alan Austerman Ken Gregg comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Robert Pederson, Acting Community Development Director Gaye Vaughan, Borough Clerk APPROVAL OF AGENDA GREGG, seconded by MCFARLAND WITHOUT OBJECTION, SO ORDERED BARKER, seconded by MCFARLAND WITHOUT OBJECTION, SO ORDERED moved to amend agenda by placing Resolution 87-60-R and Installation of Newly Elected Officers prior to Committee Reports. moved to amend agenda by adding a nomination to the Alaska Coastal Policy Council to "New Business" and adding Award of the Hospital Site Development to "New Business - Bid Awards" and the Acceptance of Institutional Conservation Program for Technical Assistance Grant to "New Business - Other." Assemblyman Gregg pointed out to the assembly that they were adding items to the agenda after it had been finalized and it defeated the purpose of the assembly holding two meetings a month. Assemblyman McFarland concurred with Mr. Gregg's com- ments. AUSTERMAN, seconded by GREGG WITHOUT OBJECTION, SO ORDERED • s N:+ 1 moved to approve agenda as amended. The items on the consent agenda were read aloud by the Borough Clerk. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF CONSENT AGENDA Kodiak Island Borough Regular Assembly Meeting AUSTERMAN, moved to approve consent CONSENT AGENDA seconded by BARKER agenda. WITHOUT OBJECTION, SO ORDERED APPROVAL OF MINUTES APPROVAL OF MINUTES None CITIZEN'S COMMENTS CITIZEN'S COMMENTS Mayor Selby presented John Pugh, former mayor of the City of Kodiak, with a plaque in appreciation for his work in serving on the Governor's Task Force representing the City of Kodiak and the Kodiak Island Borough as well as serving on the Alaska Municipal League Board of Directors, the K.I.B. Mental Health Board and the K.I.B. Planning and Zoning Commission. John Pugh thanked the assembly and said it had been a pleasure working with the them. He urged the assembly/city council to work toward getting a representative on the AML Board for the coming year because of the contacts and things that can be done on a state level to benefit the community. COMMITTEE REPORTS COMMITTEE REPORTS 1. Resolution No. 87-60-R Ratifying And Confirming The RESOLUTION Results Of The October 6, 1987 Regular and Special NO. 87-60-R Election. BARKER, moved to adopt Resolution seconded by AUSTERMAN No. 87-60-R. VOTE ON MOTION Ayes: Austerman, Barker, Gregg, McFarland, White Noes: None MOTION CARRIED Unanimous 2. Installation of Newly Elected Officials. INSTALLATION OF NEWLY ELECTED OFFICIALS The Borough Clerk administered the oath of office to Jerome Selby as borough mayor and Jack McFarland, Tom Merriman, and Lonnie White as newly elected assemblymembers. 3. Bayview Road Service District Seat BAYVIEW ROAD SERVICE DISTRICT SEAT DRAWING The president officer said there was a tie between Dave Kubiak and Reed Oswalt for the Bayview Road Service District Seat and the borough code states lots are to be drawn to determine the winner. Since no one was present to draw lots, the drawing was postponed until later in the meeting. PUBLIC NEARING PUBLIC HEARING A. New Liquor License Application - Kodiak Brewing Company, KODIAK BREWING 2944 Cove Drive. COMPANY LIQUOR LICENSE AUSTERMAN, moved to voice non -objection seconded by MCFARLAND to the new liquor license application. The presiding officer called for public testimony. Toi Lahti, partner in firm requesting liquor license, said the business operation would be very small. He stated the operation met the Planning and Zoning Commissions zoning codes and listed the following points: Business met Home Occupation codes; regu- October 15, 1987 Page 2 Kodiak Island Borough Regular Assembly Meeting lations limited any expansion outside existing building; met the PUBLIC HEARING Alcohol Board Standards; health inspector would require strict sanitation rules; state and local fire codes are being met: KODIAK BREWING business is small, low keyed, and would cause almost no odor; COMPANY LIQUOR product would meet changing consumer preference toward quality LICENSE products; business supported by 400 people who signed a petition. (continued) Mr. Lahti responded to questions from the assembly. Ted Rogers, resident of the area, opposed the brewery. He felt it would be a distribution point for the product and not appro- priate for a residential area. He pointed out the petition signed by the residents of the area which was submitted to the Planning and Zoning Commission in opposition to the brewery. Mr. Rogers responded to questions from the assembly. Mickey Mummert felt a local brewery would be beneficial to Kodiak and said micro breweries had become the rage on the west coast. In passing the petition around she said she had spoken to hundreds of people and found most people were in favor of a local brewery and keeping the dollars in Kodiak. Pat Reiland supported the resolution and the efforts in trying to establish a brewery to make a fine local beer. Steve Mathews, initiator of the Pillar Mountain Golf Classic, supported the resolution and said he would like to have a locally brewed beer to served at the golf tournament. He applauded the applicants' efforts and thought a brewery would add to the local color of the community. Dawn Rickard, a resident in the area, spoke in opposition to the resolution. She thought putting a business of this type in the area was inappropriate. Carl Erickson, a property owner in the area, said he was con- cerned about the future growth of the brewery and thought this was the wrong area for a brewery. J.C. Crawford, partner in the proposed brewery, noted they did not plan to expand at this location. He said this brewery was a small stepping stone to fine tune recipes and techniques toward long range goals in the brewery business. He said they would like to develop a totally Alaskan product and, if successful, the brewery would have to move to an area where it would be more economically feasible to operate on a larger scale. He explained the odor usually associated with a brewery came from mashing grain and this brewery would use a dehydrated malt extract thereby eliminating that problem. Mr. Crawford responded to questions from the assembly. Andy Edgerly supported the efforts toward a new home occupation. He felt this is a diversification of the economy. Okey Chandler felt this was the assembly's opportunity to support economic development in the community. Steven Mathews said he was considering starting a new business soon and would like to have this product available. The presiding officer closed the public hearing and reconvened the assembly. At the request of Assemblyman Austerman, P&Z representative, Scott Thompson, responded to questions. He said the brewery fell within the Home Occupations use in an R-2 zoning code area. Personally, he said, he wouldn't want it in his back yard but from a P&Z standpoint, the brewery was within the zoning regulations. October 15, 1987 Page 3 Kodiak Island Borough Regular Assembly Meeting Assemblyman Austerman inquired about the procedure to impose conditions on approving the liquor license application. Mayor Selby responded by stating the Kodiak Island Borough had no authority to impose conditions and said the assembly could only voice objection or non -objection. The Alcohol Control Board was the body to impose conditions. Assemblyman White thought if the assembly had a written agreement with the brewery owners, it would be based upon their word that they would comply with the conditions. Mayor Selby reiterated the point that the Kodiak Island Borough had no enforcement authority. A discussion followed between the assemblymembers. GREGG, moved to amend the seconded by BARKER original motion to include as findings of fact the following: 1. The intent of the Kodiak Island Borough Home Occupa- tions code was to encourage cottage industry. 2. A micro brewery was in keeping with the spirit of the Home Occupations code provided that: a) No alcoholic beverages be distributed to the public from a brewery located within a residential neighborhood and b) the business does continue to conform with the restrictions of the Home Occupations code. 3) Given the licencee's intent to deliver their product, the brewery would have a minimal impact on traffic in the neighborhood. BARKER, moved to amend amendment to seconded by MCFARLAND include no building expansion. VOTE ON MOTION TO AMEND THE AMENDMENT Ayes: Noes: MOTION CARRIED MCFARLAND, seconded by BARKER VOTE ON MOTION TO AMEND THE AMENDMENT Ayes: Noes: MOTION CARRIED VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED Barker, Gregg, McFarland, Merriman, Austerman, White None Unanimous moved to amend amendment to state "no tours of the facility will be conducted." Gregg, McFarland, Merriman, Austerman, Barker, White Unanimous McFarland, Merriman, Austerman, Barker, Gregg, white None Unanimous PUBLIC HEARING KODIAK BREWING COMPANY LIQUOR LICENSE (continued) October 15, 1987 Page 4 Kodiak Island Borough Regular Assembly Meeting Assemblymember Barker stated that while she normally liked to support home occupations and she supported the concept, she would vote against this resolution because a large number of the residents in the neighborhood did not want the brewery. Assemblyman McFarland said that he had poled the neighborhood and found a split vote. He said the major problems had been addressed in the amendments to the motion and felt there were mixed feelings in the neighborhood regarding the alcohol issue and the potential problems involved. Assemblyman Austerman said the main reason that he would vote for this resolution was because he had not received anything from staff or P&Z that gave him a solid reason for voting against it. He stated that any time liquor was mentioned it became an emotional issue and decisions had to be based on facts. VOTE ON MOTION AS AMENDED Ayes: Noes: MOTION CARRIED GREGG, seconded by MCFARLAND WITHOUT OBJECTION, SO ORDERED Merriman, Austerman, Gregg, McFarland Barker, White 4 Ayes, 2 Noes moved to forward renewal request to the assembly for review in December, 1988. The presiding officer called for a five minute recess. The presiding officer reconvened the assembly. B. Ordinance No. 87-30-0 Allocating The Annual Motor Vehicle Registration Tax. AUSTERMAN, seconded by GREGG moved to adopt Ordinance No. 87-30-0. The presiding officer called for public testimony, there being none the assembly was reconvened. Assemblyman Austerman asked if anyone had discussed this ordinance with the City of Kodiak and Mayor Selby responded that it had been the City's Finance Director who called it to his attention. He explained the revenue would be allocated for education. VOTE ON MOTION Ayes: Noes: MOTION CARRIED MESSAGES FROM THE BOROUGH MAYOR No messages OLD BUSINESS Austerman, Barker, Gregg, McFarland, Merriman, White None Unanimous A. Ordinance No. 87-28-0 Amending The Kodiak Island Borough Code By Adding Chapter 3.26 Sales Tax Providing For The Levying And Collection Of A Sales Tax And Penalties For Failure To Collect. The ordinance died for lack of motion to remove from the table. PUBLIC HEARING KODIAK BREWING COMPANY LIQUOR LICENSE (continued) MESSAGES FROM MAYOR OLD BUSINESS ORDINANCE NO. 87-28-0 October 15, 1987 Page 5 Kodiak Island Borough Regular Assembly Meeting NEW BUSINESS A. BID AWARDS 1. Award of Contract Lilly Drive/Mallard Way Roadway Improvements and Award of Contract for Service District No. 1 Project No. 85-3(A). -- MCFARLAND, seconded by GREGG moved to award contract for Lilly Drive/Mallard Way Roadway Improvements and Award of Contract for Service District No. 1 Project No. 85-3(A) to Brechan Enterprises for $724,555. Mayor Selby noted for the record that he had been contacted by an attorney who had a client whom he chose not to identify who wanted the road elevation changed to provide access to a particular lot. Mayor Selby said he didn't know what the problem was about but he wanted the assembly to be aware of the situation. VOTE ON MOTION Ayes: Barker, Gregg, McFarland, Merriman, Austerman, White Noes: None MOTION CARRIED Unanimous 2. Award Kodiak Island Hospital Site Development to Felton Construction Company $424,500. BARKER, moved to award Kodiak Island seconded by MERRIMAN Hospital Site Development Basic Bid and Alternate 1 and 2 to Felton Construction Company for $424,500. NEW BUSINESS BID AWARDS LILLY DRIVE/MALLARD WAY ROADWAY IMPROVE- MENTS AND SD#1 PROJECT # 85-3(A) KODIAK ISLAND HOSPITAL SITE DEVELOPMENT AWARD Assemblyman Austerman said this award had not been advertised in the published agenda and he felt when the assembly spent a large amount of money that the public should have the opportunity to comment. AUSTERMAN, seconded by GREGG VOTE ON MOTION TO TABLE Ayes: Noes: .--_ MOTION CARRIED moved to table award for Kodiak Island Hospital Site Development until November 5, 1987. Gregg, McFarland, Merriman, Austerman Barker, White 4 Ayes, 2 Noes B. RESOLUTIONS RESOLUTION NO. 87-58-R 1. Resolution No. 87-58-R Opposing Overseas Recon- struction And/or Reflagging Foreign Processing Vessels. This item was previously approved under the "Consent Agenda." October 15, 1987 Page 6 Kodiak Island Borough Regular Assembly Meeting 2. Resolution No. 87-59-R Requesting The Repeal Of NEW BUSINESS A.S. 47.37.170(b) Municipality Liability To Intox- icated Persons. RESOLUTION NO. 87-59-R This item was previously approved under the "Consent Agenda." 4. Resolution No. 87-61-R Supporting The Establish- RESOLUTION ment Of The University Of Alaska Fisheries NO. 87-61-R Industry Technology Center In Kodiak. This item was previously approved under the "Consent Agenda." 5. Resolution No. 87-62-R Supporting The Effective RESOLUTION Monitoring 0£ Off -Shore Processors. NO. 87-62-R This item was previously approved under the "Consent Agenda." 6. Resolution No. 87-63-R Supporting Funding Of A RESOLUTION Domestic Observer Program. NO. 87-63-R This item was previously approved under the "Consent Agenda." 7. Resolution No. 87-64-R Regarding A New State Raw RESOLUTION Fish Tax Policy. NO. 87-64-R This item was previously approved under the "Consent Agenda." 8. Resolution No. 87-65-R Concerning Raw Fish Tax RESOLUTION Collections. NO. 87-65-R This item was previously approved under the "Consent Agenda." C. ORDINANCES FOR INTRODUCTION ORDINANCES FOR INTRODUCTION 1. Ordinance No. 87-32-0 Changing The Delinquency Dates On Utility Payments. ORDINANCE NO. 87-32-0 This item was previously approved in first reading under the "Consent Agenda." 2. Ordinance No. 87-33-0 Amending Code by Adding ORDINANCE Section 2.45, Architectural/Engineering Review NO. 87-33-0 Board. This item was previously approved in first reading under the "Consent Agenda." D. OTHER ITEMS OTHER ITEMS 1. Authorization For Agreement For Base Map Conver- BASE MAP CONVERSION sion (Digitizing) Project. PROJECT AUTHORIZATION MCFARLAND, moved to authorize Agreement seconded by GREGG for Base Map Conversion to North Pacific Aerial in an amount NTE $18,200 with one half the cost to be borne by the Kodiak Electric Association. VOTE ON MOTION Ayes: McFarland, Merriman, Austerman, Barker, Gregg, White Noes: None MOTION CARRIED Unanimous October 15, 1987 Page 7 Kodiak Island Borough Regular Assembly Meeting 2. Nomination to Alaska Coastal Policy Council. ALASKA COASTAL POLICY COUNCIL BARKER, moved to nominate Tim Ward NOMINATION seconded by MCFARLAND to Alaska Coastal Policy Council. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote 3. Acceptance of institutional Conservation Program INSTITUTIONAL CON - for Technical Assistance Grant. SERVATION PROGRAM FOR TECHNICAL GREGG, moved to accept of Grant for ASSISTANCE GRANT seconded by MERRIMAN Institutional Conservation Program for Technical Assistance. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote MATERIALS (No action required) INFORMATIONAL MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF 1. K.I.B. School District Regular Meeting of August OTHER MEETINGS 24, 1987 and Special Meeting of September 21, 1987. 2. K.I.B. Hospital Advisory Board of September 19, 1987. B. REPORTS REPORTS 1. K.I.B. School District Financial Report for June, July, and August, 1987. 2. K.I.B. Financial Report for September. CITIZENS' COMMENTS CITIZEN'S COMMENTS None ASSEMBLYMEN'S COMMENTS ASSEMBLYMEN'S COMMENTS Assemblyman Merriman said he felt information on items for the agenda should be presented to the assembly for review at a work session and not be presented to them for action at the assembly meeting. He said that he was glad to be a part of the assembly. Assemblyman Austerman welcomed Assemblyman Merriman to the assembly. He reported on the assembly's tour of Peterson School and said it had been very informative. He asked the mayor to give a brief synopsis on the Port Lions and Larsen Bay school projects. Mayor Selby said that work would continue through the winter until the new construction aspect was completed. A completion date of March or April was anticipated on both new structures. He said the Larsen Bay School renovation would be completed next summer after school was out. Both projects are on schedule, he added. Assemblyman Gregg welcomed Tom Merriman to the assembly and congratulated Jerome Selby on his resounding victory. He commented that he was looking forward to working with the school board and city council as well as the assembly. He brought up the possibility of holding a lobbying seminar and coordinating it with the Kodiak College. On behalf of Assemblyman Stevens, he asked about the status of the list of dumpster locations to be published on the borough news page. October 15, 1987 Page 8 Kodiak Island Borough Regular Assembly Meeting Assemblyman McFarland thanked everyone who supported him in the ASSEMBLYMEN'S recent election. He felt the assembly should follow the items on COMMENTS the publish agenda and not introduce items that have not been (continued) thoroughly reviewed. Assemblymember Barker welcomed Assemblyman Merriman and congratu- lated Mayor Selby and Assemblymembers McFarland and White. She said she was looking forward to working with the assembly, the school board, and the city council. She voiced her objections to the assembly tabling the hospital bid award and said the action was an obstruction. She thought the purpose of meeting twice a month was to expedite borough business and said this was the wrong item to have selected to prove a point. Assemblyman White thanked Peninsula Airways, Fred Ball, and his crew for transporting at no cost the election materials for the borough for the second year. He welcomed Assemblyman Merriman to the assembly. He said the recent election showed him that since the sales tax proposition was defeated it indicated the subject should not come up for a while. He said he sees an assembly that made some statements about stable property tax and would support it. He also sees a fiscally conservative group on the assembly and the borough staff should be aware of it when submitting their proposals. Assemblyman McFarland said he wanted to bring up some issues involving dumpsters at the next work session and to discuss industrial land rezoning. The presiding officer asked Mayor Selby to draw lots to determine the winner in the Bayview Road Service Area election. Dave Kubiak was the winner of the drawing. ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 9:15 p.m. P ' sing Officer ATTEST: ernc y roug erk October 15, 1987 Page 9