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1984-07-05 Regular MeetingOKOp)CAK;:IS AND BOO pU+ A�$E%I,YrKEETING - July 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 6:47 p.m. in the Borough Assembly Chambers. II ROLL CALL Present Mayor Selby Mr. Anderson Ms. Barker Mr. Naughton Mr. Wakefield Mr. White A quorum was established. Absent Mrs. Cater (excused) Mr. Murray (excused) Mr. White moved to excuse Mr. Murray. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. Mr. Anderson moved to excuse Mrs. Cater. Seconded by Mr. White. Motion carried by unanimous voice vote. III ACCEPTANCE OF AGENDA Mr. Anderson moved to accept the agenda as presented. Seconded by Mr. White. Motion carried by unanimous voice vote. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Reg. - June 7, 1984 Mr. Anderson moved to approve the minutes of June 7, 1984. Seconded by Mr. White. Motion carried by unanimous voice vote. V MINUTES OF OTHER MEETINGS A. KIBSD - Reg. - May 29, 1984 & Spec. - June 4, 1984 B. P & Z - Spec.- April 25, 1984 & Reg. - May 16, 1984 C. K.I. Mental Health Center - May 21, 1984 Mr. White moved to accept items A, B & C of Minutes of other Meetings. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. VI COMMUNICATIONS & APPEARANCES A. Boards & Commissions 1. Scott Arndt (representing Service Dist. Ill) The board decided at their meeting that at this time they would rather go ahead and contract with the residents that are wanting the sewer and water hook-up. There is another area that is in question which is one side of Cliffside Loop which is in the Service District #1 side. They basically fall in the same drainage basin and it would be more appropriate to include both areas on a ballot at the same time. Therefore, at this time we feel that it would be wise to go ahead and contract with the property owners of Lot 4, Block 6 and Lots 21 through 23, Block 7 of Monashka Bay Subdivision. 2. Laura Ibach was present representing the Borough Personnel Board. B. K.I. Mental Health Board Vacancy Mayor Selby appointed Barbara Popkin to fill the unexpired term ending November 1, 1984. Mr. Wakefield moved to ratify the appointment. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. C. Parks & Recreation Committee Vacancy KIB ASSEMBLY MTG. - July 5, 1984 2 it 1 Page 2 Mayor Selby appointed Deborah Burgy to fill the unexpired term ending November 30, 1986. Mr. Anderson moved to ratify the appointment. Seconded by Mr. White. Motion carried by unanimous voice vote. D. Letter from Art Johnson re: KIB Insurance Coverage Mr. Art Johnson: I was concerned when I was originally invited to bid on the insurance along with a number other brokers and agents. I found out several weeks ago, when we were ready to give our bid to the Borough, that the (then) Manager had decided to not accept bids. The Borough Code is quite clear in Chapter 3.16 and particu- larly 3.16.020 and 3.16.040 in that items of $10,000 or more must be put out to bid. I would like for you to consider putting your insurance out to bid this year. Mr. Wakefield moved that Staff go out for bids on the Borough insurance with a deadline of November 30 and the Assembly act on it at the December meeting. Seconded by Mr. Anderson. Mr. White moved to amend by changing the word "bids" to proposals. Seconded by Ms. Barker. Amendment carried by unanimous voice vote. Main motion as amended carried by unanimous roll call vote. E. Letter from Eric Blankenburg re: Meeting Procedures Mr. Eric Blankenburg: I feel that the public hearing portions of the meetings are very important and it is hard for the public to contribute if the meeting goes so late. I hope you will limit the length of your meetings. Mr. Dave Thompson: (KMXT) Our operation is staffed by volunteers in the evenings and I think it is cruel and unusual punishment to ask a volunteer to stay on until 4:00 in the morning. Public access is very important and I am sure you recognize that. I am very much in favor of you taking some specific action to either have more meetings or limit the time that you do spend in them. NO ACTION TAKEN. F. Letter from Ben Ardinger requesting the question "Shall The KIB Continue To Require A Financial Disclosure Statement Of Eleted And Certain Appointed Officials?" be put before the voters. Mr. Okey Chandler: I think you should put it to vote. I think this is no good. Mr. Wakefield moved to put the question on the ballot. Seconded by Mr. Anderson. Motion carried 4-1 with Mr. White casting the NO vote. G. Letter from Okey Chandler re: Filling Vacancies on the Borough Assembly & also re: Representation on the P & Z Commission. Mr. Okey Chandler: In the past, selection of persons to fill vacancies on the Borough Assembly seems to have been made on a random basis often selecting persons who have never publicly expressed their views and philosophy of our Borough government. To preclude to some extent this possibility I would like you to consider the next highest vote getter in the last General Election as the leading candidate. Mr. Dave Herrnsteen: I feel the appointments have been good! NO ACTION TAKEN. H. Gary Downey re: Boy Scout Lake NO ACTION TAKEN. *** BOARD OF ADJUSTMENT A. Scott Arndt & Arnold Tweten: Appealing the P & Z Commission's KIB ASSEMBLY MTG. - July 5, 1984 Page 3 motion "to be willing to go forward with the platted roads, allow the Industrial area to be developed and forestalling decision on any residential areas until a future date". The appellants stated "those of us in the audience interpreted this motion to mean approval of Lakeside Road locations in the Industrial area only, and not the roads in the proposed residen- tial areas". (Res. No. 84-72-R) Mr. Anderson moved to adopt Resolution No. 84-72-R Affirming The Decision Of The Planning And Zoning Commission To Approve Lakeside Subdivision. Seconded by Mr. Wakefield. Fred Patterson: (P & Z Rep.) We are seeking opportunities to make land available to the residents of the area. Platting all the roads and Industrial lots in the subdivision is the first step in this process. We had extensive public hearings on this. Some of the things looked at during work sessions and addressed were Block Zoning for the residential areas. We felt that the Borough had come up with lot sizes that were extremely small. We got a lot of public testimony on that. We felt like we responded very well to the input. We also had more discussion on Buffer Zones and Green Belt areas. We wanted to reserve the right for further study yet continue with the process of getting this subdivision under way by using Block Zoning. What we meant to say was that we wanted to continue on with the Industrial Area and all platted roads regard- less of where they were in the Residential and Industrial areas. We feel it is in -appropriate to plat only some of the roads. We wanted to look at the entire area. Scott Arndt: Many of the areas, if the roads go through, are proposed residential. I feel that by platting all the roads is totally adverse at this time. What you are doing here is plan- ning for the future of Kodiak, not the short term but the long term. Industrial property is needed and has been for years. You are creating a conflict by putting residential directly across from industrial. Arnold Tweeten: I feel until P & Z comes up with something that the public wants back there then I don't feel there is any reason for any platting or planning of any roads until that time because it's premature. Mayor Selby closed the Board of Adjustment and reconvened the Assembly meeting. Notion carried by unanimous roll call vote on Res. No. 84-72-R Affirming The Decision Of The Planning & Zoning Commission To Approve Lakeside Subdivision. B. Eric Goossen - Appealing the P & Z Commission's decision denying an exception from Section 17.17.020 (Permitted Uses) to permit the excavation of rock and gravel from a residential lot. (Res. No. 84-73-R) Mr. Anderson moved to adopt Resolution No. 84-73-R Reversing The Decision Of The Planning And Zoning Commission On Case 84-054 Denying A Request For An Exception From Section 17.17.020 (Permit- ted Uses) Of The Borough Code To Allow The Excavation Of Rock And Gravel From A Rural Residential Lot. Lot 9A, Block 4, Monashka Bay Alaska Subd.; 2660 Otmeloi Point Road; Requested by Mr. Eric Goossen. Seconded by Mr. Naughton. Mayor Selby recessed the regular meeting and reconvened as the Board of Adjustment. Fred Patterson: (P & Z Rep.) It is a matter of how much and it is extremely difficult to say whether it's a shovel full or you're talking about twenty -thousand cubic yards. There is no compel -ling reason to remove upwards of twenty -thousand cubic yards of material from this lot in order to accomodate the residence on that particu- lar lot. Again as I stated in a previous case, that we are design- ing lots around houses instead of designing houses around lots. We feel there is a better way to do that instead of destroying the lot. We feel it is a direct impact on the lots around there. Eric Goossen: Before I even began developing it, I went to Borough RIB ASSEMBLY MTG. - July 5, 1984 Page 4 Planning to find out exactly what I could do with that property. I asked if there were any permits required for rock extraction. At that time, I was told there weren't any requirements so I went with this kind of development. If I had been given different informa- tion, the character of my development would have been different. Everyone, so far, who has spoken in opposition to my development does not live within sight of my development. I need access somehow. All the surrounding property is lower than what I have. Calvin Sweeney:(rep. Steve 6 Pattie Rudtsalainen, property owners adjacent to Mr. Goossen.) They are against this. If something does go through, they would like to see some kind of a barricade j� or fencing put between the adjoining lots to keep their kids from crawling through since there will be a lot of heavy equipment activity going on over there. I agree with P 6 Z that you should design the house around the lot. Dave Herrnsteen: I own Lot 11, Block 4 which is about 175 feet away from Mr. Goossen. If your genuine concern is residential, all you have to do is take off what you want and push it toward the back. There is no reason to have to take it off the property except for the commercial aspect of getting the free site prepara- tion. I feel it is an inappropriate use for residential. Dan Maciak: I believe that a precedent would be set by allowing the gravel to be taken off the property. Art Bors: There is a possibility that you may be initiating a new requirement for driveways any time it crosses Borough land. Marlin Knight: (as private citizen) I think the case of Mr. Goossen's proposal is inappropriate. I think we are looking at not being able to maintain the character of the area. I think what we are talking about here is really a precedent establishing policy. Scott Arndt: I have seen the property and he wants to eliminate the knoll that is between the two lots. I don't feel, in this case, that it is going to hurt to take a great majority of that down. Susan McLean: (Lot 4, Blk 4 Island Vista) I drive by Mr. Goossen's lot every day. I agree that the issue is broader than what should be the proper amount to be removed from the lot. Our concern is that there is an industrial use going on. It does destroy the character of the neighborhood. I would urge the Assembly to look at that lot. Eric Goossen: If I were allowed to flatten that lot, there is enough topsoil left to cover the bad areas. Mayor Selby closed the Board of Adjustment and reconvened the Assembly meeting. Mr. Anderson moved to amend Resolution 84-73-R in the last paragraph under NOW, THEREFORE, BE IT FURTHER RESOLVED by inserting 8,000 cubic yards and by adding the sentence The available topsoil will be used to cover area around the building. Seconded by Mr. White. Mr. White moved to amend the amendment by deleting item 3. Second- FI ed by Mr. Wakefield. Amendment to the amendment carried 4-1 with Mr. Wakefield casting the NO vote. l_. Mr. White moved to amend the amendment by changing the 8,000 to 5,000. Seconded by Mr. Wakefield. Amendment to the amendment failed 3-2 with Mr. Anderson and Mr. Naughton casting the NO votes. Amendment carried by unanimous roll call vote. Main motion as amended on Res. No. 84-73-R carried 4-1 with Mr. White casting the NO vote. VII PUBLIC HEARINGS A. Ord. No. 84-30-0 Directing The Implementation Of Certain Invest- ment Policies By The Borough And Providing An Effective Date. KIB ASSEMBLY MTG. - July 5, 1984 Page 5 9. Mr. Naughton moved to adopt Ordinance No. 84-30-0. Seconded by Mr. Wakefield. Regular Session closed: Public Hearing opened: Okey Chandler: I would like to recommend that the money be kept in Alaska. Tony Perez: I am in favor of the ordinance but I believe this kind of money should be left locally. r" Ben Olds: I am in favor of the ordinance. I would support an amendment that would tie this ordinance to the term of this parti- cular bond issue so that the future assemblies and bond councils can negotiate their own terms. Public Hearing closed: Regular Session opened: Motion carried on Ordinance No. 84-30-0 by unanimous roll call vote. B. Ord. No. 84-31-0 Repealing And Re -Enacting Title 15, Building And Construction. Mr. White moved to adopt Ordinance No. 84-31-0. Seconded by Mr. Naughton. Regular Session closed: Public Hearing opened: Art Bors: I think that the Borough demands too high a standard of excellence from the people. The authority and the responsibility for these things you're trying to accomplish are already establish ed. I don't think it is a good idea for the government to spend an ever increasing percentage of the wealth of the nation. We're doing that a little bit more with these new fee schedules if they are enacted. I think there should be one fee structure as there is now and only one permit. Dick Rohr: My concern are the individual permits for electrical and plumbing. I think the system we have is sufficient. Tony Perez: There should just be a basic price on a building permit. (flat rate) I don't really understand why we keep refering to the UBC like it was the "Holy Bible" of the community. It should be used as a guide for our community. Okey Chandler: Too many ordinances. Scott Arndt: (builder) I don't see that there has been a problem with the one permit process. I also don't see that there has been a problem with the present fee structure. Public Hearing closed: Regular Session opened: Motion failed 1-4 on Ordinance No. 84-31-0 with Mr. Anderson cast- ing the YES vote. C. Ord. No. 84-32-0 Enacting Title 17.34 Of Borough Code On Zero - Lot -Line Development. Mr. Anderson moved to adopt Ordinance No. 84-32-0. Seconded by Mr. Wakefield. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous roll call vote on Ordinance No. 84-32-0. KIB ASSEMBLY MTG. - July 5, 1984 VIII OLD BUSINESS Page 6 A. Ord. No. 84-25-0 Relating To The Exemption Of Certain Personal Property. (Tabled after Public Hearing.) Mr. Anderson moved to remove Ord. No. 84-25-0 from the table. Seconded by Mr. Naughton. Motion carried by unanimous voice vote. Mr. White moved to table. Seconded by Mr. Anderson. Motion carried 4-1 with Mr. Wakefield casting the NO vote. B. Letter: City of Kodiak re: Gull & Uski Islands (Tabled) Mr. Anderson moved to remove from the table. Seconded by Mr. Naughton. Motion carried 4-1 with Mr. Wakefield casting the NO vote. Mr. Naughton moved to table. Seconded by Mr. Anderson. Motion carried 4-1 with Mr. Wakefield casting the NO vote. IX MANAGER'S REPORT A. July Meetings 1. July 12, 1984 - Joint work session with P & Z Commission 2. July 19, 1984 - Joint work session with City Council 3. July 26, 1984 - August 2, 1984 Packet review B. Other Business (NONE) X NEW BUSINESS A. Res. No. 84-67-R To Effect Certain Budget Changes In The Capital Projects Funds. Mr. Anderson moved to adopt Resolution No. 84-67-R. Seconded by Mr. Naughton. Motion carried by unanimous roll call vote. B. Res. No. 84-68-R Authorizing Staff To Pursue All Avenues Prudent And Reasonable To The Collection Of Investments Held By The Courts Under Chapter 11 (Reorganization) Bankruptcy. Mr. Anderson moved to adopt Resolution No. 84-68-R. Seconded by Mr. Naughton. Motion carried by unanimous roll call vote. C. Res. No. 84-69-R Approving An Application For A Preliminary Loan For A Low -Income Housing Project. Mr. Naughton moved to adopt Resolution No. 84-69-R. Seconded by Mr. Wakefield. Marlin Knight: (K.I.H.A.) We are proposing to provide a home ownership program that will be available for low-income families. We are looking into doing a survey of existing structures prior to considering new construction. Mr. White moved to amend the last sentence under item 2 by inserting in parenthesis after the word "units" (15 per developed subdivision). Seconded by Mr. Wakefield. Amendment failed 2-3 with Mr. Wakefield and Mr. White casting the YES votes. Motion carried on Resolution No. 84-69-R by unanimous roll call vote. D. Res. No. 84-70-R Recommending The Disposal Of Certain Borough Properties. Mr. Anderson moved to adopt Resolution No. 84-70-R. Seconded by Mr. White. Motion carried by unanimous roll call vote. E. Res. No. 84-71-R Supporting An Additional Halibut Opening. Mr. Anderson moved to adopt Resolution No. 84-71-R. Seconded by Mr. Wakefield. Mr. White moved to amend under the fourth WHEREAS by deleting KIB ASSEMBLY MTG. - July 5, 1984 , Page 7 stocks and inserting catch per unit of effort and not availability, under the fifth WHEREAS insert the words tanner and between juvenile king crab, under the sixth and eighth WHEREAS delete the word Kodiak and insert Western Alaska, under NOW, THEREFORE, BE IT RESOLVED insert at least between supports four in the second sentence, delete Kodiak Island Borough in the third sentence and also in the same sentence insert areas 3A and 3B and add the following names to the list to receive this resolution: City of Kodiak, Homer, Juneau, Petersburg, Sandpoint, Seward, Sitka and Unalaska. Seconded by Ms. Barker. Amendment carried by unanimous voice vote. Main motion as amended carried by unanimous voice vote on Resolu- tion No. 84-71-R. F. Ord. No. 84-33-0 Amending Chapter 2.16.080 Of The Code Relating To The Regular Meeting Of The Borough Assembly. (1st Rdg.) Mr. Anderson moved to adopt Ordinance No. 84-33-0 in the first reading. Seconded by Mr. Wakefield. Motion carried by unanimous roll call vote. G. Ord. No. 84-34-0 Rezoning U.S. Survey 3099 From Rural Residen- tial One To Single -Family Residential. (1st Rdg.) Mr. Anderson moved to adopt Ordinance No. 84-34-0 in the first reading. Seconded by Mr. Wakefield. Motion carried by unanimous roll call vote. H. Ord. No. 84-35-0 Rezoning Certain Lands From Conservation To The Watershed For The Protection Of The Municipal Water Supply. (1st Rdg.) Mr. White moved to adopt Ordinance No. 84-35-0 in the first reading. Seconded by Mr. Naughton. Motion carried by unanimous roll call vote. I. Ord. No. 84-36-0 Granting The City Of Kodiak Power To Adopt And Enforce Regulations Protecting The Municipal Watershed Area Which Lies Outside The Territorial Limits Of The City. (1st Rdg) Mr. White moved to adopt Ordinance No. 84-36-0 in the first reading. Seconded by Mr. Naughton. Motion carried by unanimous roll call vote. J. Ord. No. 84-37-0 Deleting Chapter 16.40 Mobile Home Parks And Re-enacting A.S. Chapter 17.26 Mobile Home Parks. (1st Rdg.) Mr. Naughton moved to adopt Ordinance No. 84-37-0 in the first reading. Seconded by Mr. White. Motion carried by unanimous roll call vote. K. Ord. No. 84-38-0 Amending The Boundaries Of The Mill Bay - Island Lake - Spruce Cape Service Area. (1st Rdg.) Mr. Wakefield moved to adopt Ordinance No. 84-38-0. Seconded by Mr. Anderson. Motion failed 1-4 with Mr. White casting the YES vote. L. K.I. Mental Health's renewal of Developmental Disabilities Contract. Mr. Anderson moved to approve the contract. Seconded by Mr. Wakefield. Motion carried by unanimous roll call vote. M. K.I. Mental Health's renewal of Consultation & Training Agreement with City of Kodiak Police Department. Mr. Anderson moved to approve the agreement renewal. Seconded by Mr. White. Motion carried by unanimous roll call vote. N. Res. No. 84-74-R Calling For A Proposition To Be Placed On The Ballot At The October Regular Election For The Purpose Of Determining Whether Or Not The KIB Shall Retain The Manager Form Of Government. KIB ASSEMBLY MTC. - July 5, 1984 1 11 ) .w ;a k ' 5 Page 8 Mr. Anderson moved to adopt Resolution No. 84-74-R. Seconded by Mr. Naughton. Motion carried by unanimous roll call vote. 0. Facility Coordinator's Status Report - June 1984 Mr. Wakefield moved to acknowledge receipt. Seconded by Mr. White. Motion carried by unanimous voice vote. P. KIBSD Financial Report - May 1984 Mr. White moved to acknowledge receipt. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. Q. KIB Financial Report - June 1984 Mr. Anderson moved to acknowledge receipt. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. R. Sargent Creek Overlay Award Mr. Wakefield moved to award the Sargent Creek Overlay project to Kodiak Contractors, Inc, in the amount not to exceed $35,010.00. Seconded by Mr. White. Motion carried by unanimous roll call vote. XI MAYOR'S COMMENTS 1. I would like to see the Title 15 (Building Code) cleaned up with changes in the fees that were discussed tonight and brought back. Mr. Anderson moved that Staff take Title 15 (Building Code) work up the changes that were discussed and bring it back before the Assembly at the next meeting. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. 2. We really don't have any more information re: Lion Capital for public input other than the Court date is August 27, 1984. We really are not going to get a whole lot of information until we go through that first court hearing. Apparently it looks fairly favorable right now that the municipalities will be given preference over banks and whatever other claims there are. If that were to be true, then the probability is very good that the Borough would recover a 100% of the two million dollars. The money is being held by the bankruptcy court and is adequate to cover all of those municipality claims at this point and time. XII ASSEMBLY COMMENTS Mr. Anderson: I would like to introduce Ordinance No. 84-39-0 Placing A Question Of Whether Or Not The Kodiak Island Borough Should Levy An Area -wide Sales Tax In Lieu Of Property Taxes. (1st Rdg.) Mr. Anderson moved to adopt Ordinance No. 84-39-0 in the first reading. Seconded by Mr. White. Motion carried by unanimous roll call vote. Mr. Wakefield: I am going on vacation so I won't be at the August meeting. I would like to compliment Ms. Freed. I think she is doing a good job considering she is wearing "two hats". Mr. White: There is a new State law that comes into affect the middle of this month on smoking. I would like to direct Staff to make sure this building is posted correctly. I still have a concern as I voiced earlier about the air circulation and the heat in the Chambers. We directed Staff to look into it and I was wondering if anything has been done. Also, the room downstairs. I am concerned also about the letter we received from an "honest citizen" complaining about someone setting up out on Shuyak. It looks like it is on Park Lands. XIII AUDIENCE COMMENTS Tom Sweeney: (Insurance Broker)(re: Borough going out for proposals on insurance coverage) We negotiated in good faith with our companies for renewals effective July 1. We were told by the Borough Manager, Phil Shealy, to renew the current coverage. Our KIB ASSEMBLY MTG. - July 5� 1984 Page 9 companies have gone to their re -insurance markets and spent time and effort, as we did, to get this set up. I certainly feel that I deserve a little consideration. I think we have done you a good job. I think you should take a long hard look before you change to January 1 from your fiscal year. I would suggest that you consider putting it out for proposals effective July 1, 1985. Okey Chandler: Four or five years ago the City had a nine mill rate. I would say the City constitution is not in keeping with the State constitution. Fred Patterson: I would like to know the Assemblies feelings on representatives or party that is appointed by the Borough? I would also like to confirm Mr. Hors comments and direct the Commission to the fact that everytime that we adopt another ordi- nance that takes more enforcement in the outlying areas, that we should look at what staff we have. We keep implementing regula- tions but we don't have any way to enforce them. Mr. Anderson moved to go into Executive Session to discuss personnel. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. Mr. Naughton reported out of Executive Session that the Assembly considered the appointment of Jerome Selby as the Borough Manager. The provisions of a contract were discussed. The salary would be fixed at $56,000 per year for the first six months and an evaluation would be done at that point and then at the end of a second six months period another evaluation would be made and the salary at that time would be negotiated again. Mr. Selby is provided with insurance and the retire- ment program that he will be enrolled in will be the State of Alaska PERS. The effective date of this contract would be August 1, 1984. His vacation period would be eighteen days per year. Mr. Anderson moved to accept Mr. Selby's application for Borough Manager. Seconded by Mr. Wakefield. Motion carried by unanimous roll call vote. XIV ADJOURNMENT Mr. Anderson moved to adjourn. Seconded by Mr. Naughton. Motion carried by unanimous voice vote. Mayor Selby adjourned the meeting at 12:08 a.m.. Borou 3 Mayor ATTEST: Borough C �.