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1984-01-05 Regular MeetingQDIJK rELADID BOROgGH jASS�MBV MEETING - January 5, 1984 (A Verbatim Record is on file in the Clerk's Office) I CALL TO ORDER Mayor Selby called the meeting to order at 6:35 p.m. in the Borough Assembly Chambers. II ROLL CALL Present Absent Mayor Selby Mr. Anderson Mrs. Barker Mrs. Cater Mr. Murray Mr. Naughton Mr. Wakefield Mr. White A quorum was established. III ACCEPTANCE OF AGENDA Mayor Selby requested moving item VI I. Resolution No. 84-9-R Commending Margarete Von Scheele to item VI A. The Manager requested the addition of the following under his report: B. 1. Ord. 84-10-0 Modifying Conditions of Consent Decree 2. Letter to Acting Secretary Bayne re: SeaLand Increase 3. Request by Dr. John Eufemio re: Appeal of P & Z Decision 4. Authorization for moving trailer to Chiniak School site Mr. Naughton moved to accept the agenda with the additions as presented. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Reg. - December 1, 1983 B. Assembly - Spec.- December 15, 1983 Mr. White moved to adopt the minutes of the previous Assembly meetings. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. V MINUTES OF OTHER MEETINGS A. KIBSD - Reg. - Nov. 14, 1983/Reg. - Nov. 28, 1983/ Reg. - Dec. 12, 1983 B. Bayside Fire Protection Adv. Board - Nov. 8, 1983 C. Parks & Recreation Committee - Nov. 21, 1983 D. Bells Flats -Russian Creek Road/Fire Service Dist. - Dec. 1, 1983 E. Service District #1 Advisory Board - Dec. 12, 1983 F. Personnel Advisory Board - Spec. - Dec. 19, 1983 G. Outer Continental Shelf - Reg. - Nov. 15, 1983 H. Planning & Zoning Commission - Spec. -Dec. 1, 1983/ Spec.- Dec. 14, 1983/Reg. - Dec. 21, 1983 I. Kodiak Island Mental Health Advisory Board - Nov. 21, 1983 Mr. Anderson moved to acknowledge receipt of items A through I _ under Minutes of other Meetings. Seconded by Mr. White. Motion carried by unanimous voice vote. VI COMMUNICATIONS & APPEARANCES A. Boards & Commissions (VI I.) Res. No. 84-9-R Commending Margarete Von Scheele Mr. White moved to adopt Resolution No. 84-9-R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. Mayor Selby presented the resolution to Ms. Von. Scheele acknowledg- ing her many years of work for people on Kodiak Island at the hospital. KIB ASSEMBLY MTG. - Jan. 5, 1984 Page 2 B. Bells Flats -Russian Creek Service Area Adv. Board Vacancy Mr. Murray moved to ratify the action of the Bells Flats Service District Board appointing Pat Reiland to the fill the vacancy left by Dave Geddes. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. C. Architectural Review Board Vacancies Mayor Selby appointed Robin Heinrichs and Chuck Winegarden. Mr. White moved to ratify. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. D. Board of Equalization Vacancy Mr. Murray moved to appoint Wayne Stevens to the Board of Equaliza- tion. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. E. Personnel Board Vacancies Mayor Selby requested that the Clerk continue to advertise and the appointments will be made at the February meeting. F. Service District #1 Advisory Board Vacancy Mr. Murray moved to ratify the action of the Service District #1 Advisory Board appointing Mr. Ed Van Fleet to fill the vacancy left by Susan Klemzak. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. G. Request from Hospital Board to increase the Capital Improvement Program for a second X-Ray machine. (Res. No. 84-10-R) Mr. White moved to adopt Resolution No. 84-10-R Amending The Capital Improvements Program And Established Capital Project Priorities. Seconded by Mr. Naughton. Motion carried by unanimous voice vote. H. Request for Proposals for Hospital Emergency Generators Mr. Anderson moved to authorize the Staff to request proposals for the Hospital Emergency Generators. Seconded by Mrs. Barker. Mr. Wakefield moved to amend the motion to specify in the proposals that it be a Lease -Purchase Plan. Seconded by Mr. Anderson. Amend- ment carried by unanimous voice vote. Main motion as amended carried by unanimous roll call vote. J. Approval of KANA Contract with Hospital Mr. Murray moved to approve the contractural agreement between the Kodiak Island Borough and the Kodiak Area Native Association for hospital services at the Kodiak Island Hospital. Seconded by Mr. Naughton. Mr. Anderson moved to table. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. K. Consideration for Computer at Hospital Mr. Murray moved that the System 34 Computer be transferred to the Kodiak Island Hospital, to be used in their operation, after the Borough has completely transferred their data from the System 34 to the System 38. Seconded by Mr. White. Motion carried 6-1 with Mr. Anderson casting the NO vote. L. Authorization to purchase Hospital Treadmill Mr. Wakefield moved to award the bid to Quinton Instrument Co. in an amount not to exceed $14,480.00 for the 255 treadmill and programmer. Seconded by Mr. Murray. Motion carried by unanimous roll call vote. *** BOARD OF ADJUSTMENT KIB ASSEMBLY MTG. - Jan. 5, 1984 Page 3 Mayor Selby recessed the Regular Assembly Meeting and reconvened as the Board of Adjustment. A. Lorna Arndt - Variance from Section 17.54.010 - Height Of Fences And Walls On Lots 11 & 12B, Block 1, Island Lake Subdivision, U.S. Survey 3219. (Res. No. 84-3-R) Lorna Arndt: On the property next to me there are police dogs, besides Mr. Cooper's own dogs, which are very vicious. I am just going to fence in that side because I own Lot 11, my son owns Lot 10 and I am not going to fence my grandkids out of my property. I just want to protect them from the dogs and me from the dogs. Mr. Cooper's trailer is below the hill and he doesn't have a view. I don't think it is fair for me to have to ruin the looks of my property by having an eight foot fence drop to a six foot fence. Mayor Selby read a letter into the record from Neal Cooper. Mr. Cooper stated he did not want the fence placed in the style and manner in which Mrs. Arndt wished. Mr. White moved to adopt Resolution No. 84-3-R Affirming A Decision Of The Planning And Zoning Commission To Grant A Variance From Section 17.54.010 Regarding Height Of Fences. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. B. Pat Lods - Subdivision of Lot 3, Bells Flats AK Subd; to Lots 3A through 3K, Block 2, Bells Flats AK Subdivision, U.S. Survey 2539. (Res. No. 84-4-R) Pat Lods: I appealed the subdivision of the Lochman property feeling that the lots were too steep. I felt that the lots should be larger with less disruption of natural habitat and thus less errosion would evolve. The subject of septic systems must be addressed. Some of the projected lots are very steep. Roberta Lochman: I would like to say that we have violated no codes or regulations and we never intended to. We've built our house and everything we've done so far has been to all standards and regula- tions. Since our septic system has been approved by DEC, there is no pollution problem from our lot. There is no errosion caused by our building a house on Lot 3. Forrest Blau: I think the water rights and creeklet should be placed on t e Borough plat. Mike Anderson: I will be the contractor that will be building the road and doing all the development in the area. DEC just recently came out with a lot of new regulations governing subdivisions. We have to document every body of water, which would include that creek, on the map of the subdivision with our application to DEC. We also have to document the locations of every well or septic on any adjoining lot within 200 feet. Bill Williams: I live within a thousand feet of the property to be subdivided. People are pretty well protected through the Depart- ment of Conservation. They go over it with a fine-toothed comb and they are really protecting everyone. The Lochman's were one of the few people that was interested in their land. He took the time and the effort to clean up his property. The interest that they have shown in their property and the fact that they have built a home there, you are looking at people that have a dedicated interest to the community and they are people of long-standing in our community. I believe that they deserve the same opportunity as the ones surrounding them that are living on subdivided property. Mr. Anderson moved to adopt Resolution No. 84-4-R Affirming The Decision Of The Planning And Zoning Commission Which Granted Preliminary Approval Of The Subdivision Of Lot 3, Block 2, Bells Flats Alaska Subdivision, U.S. Survey 2539 To Lots 3A Through 3K, Block 2, Bells Flats Alaska Subdivision, U.S. Survey 2539. Seconded by Mr. White. Motion carried by unanimous voice vote. Mayor Selby closed the Board of Adjustment meeting and reconvened the Regular Assembly meeting. VII PUBLIC HEARINGS KIB ASSEMBLY MTG. - Jan. 5, 1984 Page 4 A. Ord. No. 83-79-0 Transfer Of Funds To Bells Flats. Mr. White moved to adopt Ordinance No. 83-79-0. Seconded by Mr. Wakefield. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried on Ordinance No. 83-79-0 by unanimous roll call vote. B. Ord. No. 83-80-0 Supplemental Appropriation Mr. Anderson moved to adopt Ordinance No. 83-80-0. Seconded by Mr. Wakefield. Mr. Murray moved to table Ord. No. 83-80-0. Seconded by Mrs. Cater. Motion carried 4-3 with Mr. Anderson, Mrs. Barker and Mr. Naughton casting the NO votes. C. Ord. No. 83-81-0 Relating To Travel Per Diem For Borough Officials And Borough Employees. Mr. Wakefield moved to adopt Ordinance No. 83-81-0. Seconded by Mrs. Barker. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Mr. Wakefield moved to amend at the end of the last sentence under "2.16.040 Expense reimbursement" by adding (Prudent person rule shall apply and is essential.). Seconded by Mr. White. Amendment carried 6-1 with Mr. Anderson casting the NO vote. Mr. Anderson moved to amend to insert after "actual expenset the words up to a maximum of ninety dollars ($90.00) for hotel rooms. Seconded by Mr. Wakefield. Amendment carried 4-3 with Mrs. Barker, Mr. Murray and Mr. White casting the NO votes. Mr. Murray moved to table Ord. No. 83-81-0. Seconded by Mr. White. Motion failed 3-4 with Mrs. Barker, Mr. Murray and Mr. White casting the YES votes. Main motion as amended on Ordinance No. 83-81-0 carried 4-3 with Mrs. Barker, Mr. Murray and Mr. White casting the NO votes. D. Ord. No. 83-82-0 Rezoning Certain Lands Within The Borough. (Lots 1B-1K, USS 3462 & Lots 8, 9, 10 & 11 of Block 6, Miller Point Alaska Subdivision, First Addition.) Mr. White moved to adopt Ordinance No. 83-82-0. Seconded by Mr. Anderson. Regular Session closed: Public Hearing opened: Kevin Creelman: I would like to speak in favor of the proposal with a change that it be changed to R-1 instead of R-3. The majority of the people in the area do not want it rezoned to Multifamily. I think we should take some thought in the comprehensive plan to make that area attractive. Tim Longrich: My partner and I are against the change to R-3. Martin Heine: I would rather see this held up for awhile until it can be laid out a little better. I would like to see single- family dwellings. I'm not against multiple family dwellings. I think I would like to have a little more clarity on some of these things before I would want to accept it. Tom Everett: (representing Danny Seaton) Mr. Seaton wants the R-3 zoning. KIB ASSEMBLY MTG. - Jan. 5, 1984 Page 5 Public Hearing closed: Regular Session opened: Mr. Naughton: (Assemblyman) I am an owner of interest in Lots E, F, K & J of U.S. Survey 3462. I intend to vote on this ordinance because it is my philosophy that an elected official is entrusted with a vote. He does not own the vote. He is simply entrusted with it and it is to be cast in the public interest. Mrs. Barker moved to amend Ordinance No. 83-82-0 under Section 1 to reflect the zoning be changed from Rural Residential District to R-2 Two -Family Residential District. Seconded by Mr. White. Motion failed 1-6 with Mrs. Barker casting the YES vote. Motion carried 6-1 on Ordinance No. 83-82-0 with Mrs. Barker cast- ing the NO vote. E. Ord. No. 83-83-0 Amending Personnel Policy For Accounting Tech. Mr. Anderson moved to adopt Ordinance No. 83-83-0. Seconded by Mr. White. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Mr. Wakefield moved to amend by changing the Class Title from "Accounting Technician" to Accounting Clerk 1. Seconded by Mr. White. Amendment carried by unanimous voice vote. Main motion as amended on Ordinance No. 83-83-0 carried by unanimous voice vote. VIII OLD BUSINESS A. Res. No. 83-135-R Authorizing The Acquisition Of Construction Easements Or Additional Right -of -Way To Accomodate The Construction Of Monashka Circle And Bayview Drive. (Tabled) Mr. Wakefield moved to remove Resolution No. 83-135-R from the table. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. Mr. Murray moved to table Res. No. 83-135-R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. IX MANAGER'S REPORT A. January Meetings 1. Wednesday, Jan. 11 at 4 to 6 p.m. Borough Conf. Room - Pillar Mountain Study Committee. 2. Thursday, Jan. 12 at 7 p.m. Borough Conf. Room - Worksession with P & Z re: subdivision ordinance 3. Friday, Jan. 13 at noon in Borough Conf. Room - Zoning & Building Permits Committee 4. Wednesday Jan. 18 at 7 p.m. City Mgr's Conf. Room - City/Borough Tax Study Committee 5. Thursday, Jan. 19 at 7 p.m. Borough Conf. Room - Joint City/Borough meeting with KITS Steering Committee 6. Saturday, Jan. 21 at noon Chiniak School - Dedication of new school 7. Saturday, Jan. 21 at 9 a.m. to 1 p.m. Community College - Training sessions for Boards & Commissions 8. Thursday, Jan. 26 at 7 p.m. Borough Conference Room - Worksession to review Feb. packet 9. Saturday, Jan. 28 at 9 a.m. to 1 p.m. Community College - Training sessions for Boards & Commissions 10. Thursday, Feb. 2 at noon Borough Conf. Room - Review February agenda 11. Thursday, Feb. 2 at 6:30 p.m. Borough Assembly Chambers - Regular February meeting 12. Thursday, Feb. 9 at 7 p.m. Borough Conf. Room - Meet with bonding consultants re: auditorium project KIB ASSEMBLY MTG. - Jan. 5, 1984 Page 6 13. March - date for the site visit to Anton Larsen Bay. B. Other Business 1. Ord. No. 84-10-0 To Modify The Terms And Conditions Of The Agreement Of Settlement And Consent Decree Approved By The Court On August 12, 1983. (1st Rdg.) Mr. Murray moved to adopt Ordinance No. 84-10-0 in the first reading. Seconded by Mr. Wakefield. Motion carried 6-1 with Mr. Anderson casting the NO vote. 2. Letter to Acting Secretary James H. Bayne of the Interstate Commerce Commission re: Rate Increase by Sea Land and other carriers. Mr. Naughton moved that the Borough go on record as opposing the rate increase and that the letter be dispatched. Seconded by Mr. Murray. Motion carried by unanimous voice vote. 3. Request by John Eufemio re: Appeal of P & Z Decision The Assembly denied the request by Dr. Eufemio to seek an agree- ment pertaining to roads in his subdivision and advised him to appeal in the normal manner. 4. Relocation of Trailer for Chiniak Teacher Housing Mr. Wakefield moved to authorize Staff to hire David Schmeil to move the present teacherage at mile 41.9 Chiniak to the newly constructed pad behind the new Chiniak School in an amount not to exceed $7,000. Seconded by Mrs. Cater. Motion carried by unanimous roll call vote. X NEW BUSINESS A. Award Bid to overhaul Akhiok Back-up Generator Mr. Wakefield moved that Harbor Machine Shop be authorized to rebuild Akhiok's existing 55 KW generator in the amount not to exceed $7,000. Seconded by Mr. Anderson. Motion carried by unanimous roll call vote. B. Authorize Technical Assistance Energy Study at Old Main Mrs. Barker moved to authorize KEI to perform a technical assistance study on Old plain for the energy conservation program in an amount not to exceed $5,100. Seconded by Mrs. Cater. Motion carried 5-2 with Mr. Anderson and Mr. Wakefield casting the NO votes. C. Authorize entering into an A&E for Ouzinkie Waste Heat Recovery No action taken. D. Travel Request: Bryce Weeks Mr. Wakefield moved to authorize Mr. Weeks's travel to the Municipal Finance Officers Association conference in San Antonio, Texas on April 15, 1984. Seconded by Mr. Anderson. Motion carried 6-1 with Mr. Naughton casting the NO vote. E. Acceptance of 1983 Audit Report & Management Letter Mr. Anderson moved to accept the 1983 audit and management letter. Seconded by Mr. White. Motion carried by unanimous voice vote. F. Chiniak Library Proposal Mr. Wakefield moved to lease the old Chiniak School building to the Chiniak Library Association for one dollar ($1.00) per year effec- tive February 1, 1984 with the Borough paying the insurance and the Library Association paying the operating and maintenance cost. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. G. Ord. No. 84-1-0 Relating To Real Property Tax, Lien And Date. (1st Rdg.) KIB ASSEMBLY MTG. - Jan. 5, 1984 Page 7 Mr. Naughton moved to adopt Ordinance No. 84-1-0 in the first reading. Seconded by Mr. White. Motion carried by unanimous voice vote. H. Ord. No. 84-2-0 Authorizing The Finance Director/Treasurer Limited Use Of Facsimile Signatures On Checks Of The Borough. (1st Rdg.) Mr. White moved to adopt Ordinance No. 84-2-0 in the first reading. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. I. Ord. No. 84-3-0 Amending The Schedules Relating To Pay Ranges And Class Titles For Employees Of The KIB And Providing An Effective Date. (COLA) (1st Rdg.) Mr. White moved to adopt Ordinance No. 84-3-0. Seconded by Mr. Naughton. Mr. Wakefield moved to amend by deleting BE IT FURTHER ORDAINED that subject pay raises be implemented at the effective date up passage of this ordinance. Seconded by Mr. Naughton. Amendmen carried by unanimous voice vote. Main motion as amended carried by unanimous voice vote. J. Ord. No. 84-4-0 Determining The Disposition Of Tax Foreclosure Properties. (1st Rdg.) Mr. Anderson moved to adopt Ordinance No. 84-4-0 in the first reading. Seconded by Mr. White. Motion carried by unanimous voice vote. K. Ord. No. 84-5-0 Amending Personnel Rules Pertaining To Longevity Award. (1st Rdg.) Mrs. Cater moved to adopt Ordinance No. 84-5-0 in the first — reading. Seconded by Mrs. Barker. Motion failed 3-4 with Mrs. Barker, Mrs. Cater and Mr. Naughton casting the YES votes. L. Ord. No. 84-6-0 Amending The Sick Leave Provisions Of The Borough Personnel Rules And Regulations. (1st Rdg.) Mr. Wakefield moved to adopt Ordinance No. 84-6-0 in the first reading. Seconded by Mrs. Cater. Motion carried 5-2 with Mr. Anderson and Mr. Murray casting the NO votes. M. Ord. No. 84-7-0 Relatin To Travel Policy For Borough Officials And Borough Employees. ?1st Rdg.) Mr. White moved to adopt Ordinance No. 84-7-0 in the first reading. Seconded by Mr. Wakefield. Motion carried 4-3 with Mrs. Barker, Mrs. Cater and Mr. White casting the NO votes. N. Ord. No. 84-8-0 Amending Personnel Rules re: Holidays. (1st Rdg) Mr. Wakefield moved to adopt Ordinance No. 84-8-0 in the first reading. Seconded by Mr. Murray. Mr. Murray moved to amend by substituting Alaska Day instead of Veterans Day to be taken concurrently with the Thanksgiving holiday. Seconded by Mr. Anderson. Amendment carried by unanimous voice vote. Main motion as amended carried by unanimous voice vote. 0. Ord. No. 84-9-0 Adopting The Coastal Management Program. (1st Rdg.) Mr. Wakefield moved to adopt Ordinance No. 84-9-0 in the first reading. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. P. Res. No. 84-1-R Designating An Acting Borough Clerk During The Duly Designated Borough Clerk's Absence Or Disability. KIB ASSEMBLY MTG. - Jan. 5, 1984 Mr. White moved to adopt Resolution No. 84-1-R. Seconded by Mrs. Barker. Motion carried by unanimous voice vote. Q. Res. No. 84-2-R Correcting Res. No. 83-133-R Pertaining To A Board Of Adjustment Decision Granting Preliminary Approval To The Subdivision Of Tracts "B" & "D" Of USS 1682, Woodland Acres Subdivision, Third Addition. Mr. Anderson moved to adopt Resolution No. 84-2-R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. R. Res. No. 84-5-R Authorizing Approval Of A Contract Amendment No. 5 With URS For Construction Services For Water & Sewer Improvements In Service District #1. Mr. White moved to adopt Resolution No. 84-5-R. Seconded by Mr. Anderson. Motion carried by unanimous roll call vote. S. Res. No. 84-6-R Supporting The Submittal Of An EDA Grant Project Profile Application. Mr. Wakefield moved to adopt Resolution No. 84-6-R. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. T. Res. No. 84-7-R Authorizing The Submission Of A Community Development Block Grant Application To The State Of Alaska. Mr. Anderson moved to adopt Resolution No. 84-7-R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. U. Res. No. 84-8-R Authorizing Certain Budget Changes. Mrs. Barker moved to adopt Resolution No. 84-8-R. Seconded by Mr. White. Mr. Murray moved to table. Seconded by Mr. White. Motion carried by unanimous voice vote. V. Award Assessor's Tax Mapping Proposals Mr. White moved to award the assessor tax mapping program for Kodiak Island Borough to Alaska Map Service, Inc. of Anchorage, Alaska in an amount not to exceed $36,000. Seconded by Mr. Anderson. Motion carried by unanimous roll call vote. W. Facility Coordinator's Report - December 1983 Mr. Anderson moved to acknowledge receipt. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. X. KIB Financial Report - Nov. & Dec. 1983 Mr. Anderson moved to acknowledge receipt. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. Y. KIBSD Financial Report - Sept., Oct. & Nov. 1983 Mr. Wakefield moved to acknowledge receipt. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. Z. Kodiak Island Hospital Financial Report - Nov. 1983 Mr. Anderson moved to acknowledge receipt. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. XI MAYOR'S COMMENTS - None. XII ASSEMBLY COMMENTS Mr. Anderson: I will be gone from Jan.19 through Feb. 22. Mr. Wakefield: Despite the late hour, I am quite pleased to see this Assembly gearing -up together. I am enjoying it. XIII AUDIENCE COMMENTS Roger Flanders: (Kodiak Daily Mirror) Other government bodies in KIB ASSEMBLY MTG. - Jan. 5, 1984 Page 9 this Borough have seen fit to meet twice a month. I think one of the reasons for those decisions was to solicit greater public input and greater public involvement. Is it really necessary, and is it the unanimous consent of this assembly, to have a single dance marathon each month or could two short waltzes suffice? Lorna Arndt: If the people are interested in their Borough, they would come to the meeting in person or stay up and listen to it on the radio. Another thing I would like to bring up is the old Chiniak School building. I think you should put it up for sale and get some of our tax dollars back. I also think we should get out of the hospital business. XIV ADJOURNMENT Mr. Murray moved to adjourn. Seconded by Mr. Anderson. Motion carried unanimously. Mayor Selby adjourned the meeting at 12:23 am. Bor ��h Mayor ATTEST: