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1984-08-02 Regular Meetingrj ODJAK,$SUAND BORQUGq AS$EMEY PIEETING - August 2, 1984 (A Verbatim Record is on File in the Clerk's Office) I CALL TO ORDER Deputy Mayor Anderson called the meeting to order at 6:38 p.m. in the Borough Assembly Chambers. II ROLL CALL Present Mayor Selby Deputy Mayor Anderson Ms. Barker Mrs. Cater Mr. Murray Mr. Naughton Mr. White Absent Mr. Wakefield (excused) A quorum was established. Mr. White moved to excuse Mr. Wakefield. Seconded by Ms. Barker. Motion carried by unanimous voice vote. III ACCEPTANCE OF AGENDA Ms. Barker requested the addition of item D. Letter from Felton under VI COMMUNICATIONS & APPEARANCES. Mayor Selby requested the addition of his resignation after the acceptance of the agenda and also the addition of item Q. KIB Fi- nancial Report under X NEW BUSINESS. Mr. Naughton moved to accept the agenda with the additions above. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. Deputy Mayor Anderson read Mayor Selby's letter of resignation into the record. Ms. Barker moved to accept Jerome Selby's resignation as Mayor. Second- ed by Mr. Naughton. Motion carried by unanimous voice vote. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Reg. - July 5, 1984 Mr. White moved to approve the minutes of the Assembly regular meeting of July 5, 1984. Seconded by Mr. Naughton. Motion carried by unanimous voice vote. V MINUTES OF OTHER MEETINGS. A. Fire Protection Area #1 Board - June 5, 1984 B. Personnel Advisory Board - July 2, 1984 C. KIBSD - Spec. - June 13, 1984 - Reg. - June 25, 1984 & Spec. - July 2, 1984 D. P & Z - Reg. - June 20, 1984 & Reg. - July 18, 1984 Mr. White moved to accept the minutes of other meetings items A through D. Seconded by Mr. Naughton. Motion carried by unanimous voice vote. VI COMMUNICATIONS & APPEARANCES A. Boards & Commissions Marlin Knight was present as the P & Z representative for the evening. 1. Report from Alcohol Task Force Assemblywoman Cater read the Alcohol Task Force Committee's Report and Recommendations into the record. Mr. Wally Johnson, Chairman of the Alcohol Task Force, explained their recommendations. Mr. Murray moved to acknowledge receipt of the Report by the committee and that it be published for the public. Seconded by Ms. Barker. Mr. Murray moved to amend that an additional item under Recommendation RIB Assembly Mtg. - Aug. 2, 1984 111 be that the be informed as to Page 2 of how the tive to Ms. Barker. Amendment carried by unanimous voice vote. Main motion as amended carried by unanimous voice vote. B. Letter from Tom Sweeney re: Property & Casualty Insurance Mr. Sweeney: It takes it a lot of time and considerable amount of research and effort on the part of the entity desiring the insurance to come up with specifications that will cover what they need. And will also cover what they might possibly need in the future. It would appear to me to be well worthwhile for the Assembly to consider to continue the existing coverage with amend- ments, addendums and deletions until the next fiscal year. The Borough insurance, to my knowledge and recollection, has been bid out almost every year with the exception of this last year. I think we have done a pretty good job for the Borough. Mr. White moved to rescind the action taken by the Assembly on July 5, 1984 that Staff go out for bids on the Borough insuran with a deadline of November 30 and that the Assembly act on it the December meeting. Seconded by Ms. Barker. Motion carried unanimous voice vote. at Mr. Murray moved to direct Staff to develop specifications for insurance and to go out for competitive bid for a three year contractural agreement effective July 1, 1985. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. C. Letter from Resource Development Council for Alaska, Inc. Mr. Murray moved to acknowledge receipt. Seconded by Mr. White. Motion carried by unanimous voice vote. D. Letter from Felton Construction Company (re: Kodiak Contractors, Inc. batch plant) Mr. Murray moved to voice non -objection to the use of Tracts B-1/ B-2 by Felton Construction. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. VII PUBLIC HEARINGS A. Ord. No. 84-33-0 Amending Chapter 2.16.080 Of The Code Relating To The Regular Meetings Of The Borough Assembly. Mr. White moved to adopt Ordinance No. 84-33-0. Seconded by Mr. Naughton. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote on Ordinance No. 84-33-0. B. Ord. No. 84-34-0 Rezoning U.S. Survey 3099 From Rural Residential (RR1) To Single -Family Residential District (R1). Mr. White moved to adopt Ordinance No. 84-34-0. Seconded by Mr. Naughton. Regular Session closed: Public Hearing opened: John Smee: My preference, as a property owner there, would be to go R-2 for my property. I am against the ordinance. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote on Ordinance No. 84-34-0. C. Ord. No. 84-35-0 Rezoning Certain Lands From Conservation To Watershed For The Protection Of The Municipal Water Supply. KIB Assembly Mtg. - Aug. 2, 1984 Page 3 Mr. Naughton moved to adopt Ordinance No. 84-35-0. Seconded by Mr. White. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote on Ordinance No. 84-35-0. D. 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. Mr. White moved to adopt Ordinance No. 84-36-0. Seconded by Mr. Naughton. Regular Session closed: Public Hearing opened: Okey Chandler: I don't think the City should be given any more than what they need. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote on Ordinance No. 84-36-0. E. Ord. No. 84-37-0 Deleting Chapter 16.40, Mobile Home Parks, And Re -Enacting A.S. Chapter 17.26 Mobile Home Parks. Mr. Naughton moved to adopt Ordinance No. 84-37-0. Seconded by Mr. White. Regular Session closed: Public Hearing opened: Lorna Arndt: You keep coming along with more restrictions on every- thing. Your P & Z Commission is continuously putting everything to R-1. I don't see them doing anything R-2 or R-3 at all. They turn anybody down that wants to get zoned to that. Okey Chandler: The people living out at Spruce Cape like a little elbow room. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote on Ordinance No. 84-37-0. F. Ord. No. 84-39-0 Placing The Question Of Whether Or Not The Kodiak Island Borough Should Levy An Areawide Sales Tax In Lieu Of Personal Property Taxes. Mr. White moved to adopt Ordinance No. 84-30-0. Seconded by Mrs. Cater. Mr. Naughton moved to amend by substitution Ordinance No. 84-30-0(A). Seconded by Mr. White. Motion carried. Regular Session closed: Public Hearing opened: Wally Johnson: The area -wide sales tax will fine a single person with a family and limited income. Each individual going through to buy food and personal items will be charged a sales tax. You're taxing them while the person who has a larger income and can buy a larger number of items no longer has to pay a personal property tax on some of those. I think the emphasis will fall on the wrong people. I urge you to keep the tax as it is. Lorna Arndt: I have lived here over twenty years and I have paid the City taxes and 1 am tired of paying them. They have taken us for a ride all these years. Okey Chandler: If it moves they will tax it. If it comes through KIB Assembly Mtg. - Aug. 2, 1984 the City, they will tax it. Page 4 Lorna Arndt: I think telephones should be included in the ordinance to be eliminated from the present sales tax. Wilton White: I recognize that the City does exempt personal property tax for the people in the City and they pay the Borough an amount of money in lieu of the personal property. I assume by your ordinance that you intend to exempt the personal property tax in the City as well as outside the City. I think if you will properly add up the total amounts of where the personal property lays you will find that it doesn't lay with working people or people of menial means. It lies with people of substantial means. I generally mean companies & large corporations. Wally Johnson: I would just like to re-emphasize what Mr. Wilton White stated. I think what you're going to end up doing is giving some large corporations that have home -bases other than Alaska and some with home -bases in Alaska a "free -ride" on the personal property tax. I would prefer to see you work within the system that you presently have and fine tuning it. Okey Chandler: The Borough is suppose to be the tax collecting agent. I think you oughts. collect at least half of this sales tax. Public Hearing closed: Regular Session opened: Mr. Murray moved to amend the second WHEREAS to read WHEREAS, the Kodiak Island Borough wishes to place before the voters of the Kodiak Island Borough the question of whether to collect an areawide sales tax in the amount of one cent per dollar to be levied on sales, rentals and services within the Borough in lieu of the present personal property tax with the same language in the actual proposition that would be before the voters and also in the amendment under the fourth WHEREAS change the $500.00 to $1,000. Seconded by Ms. Barker. Amendment failed 1-4 with Mr. Murray cast- ing the YES vote. Mr. Murray moved to amend the second WHEREAS to read WHEREAS, the Kodiak Island Borough wishes to place before the voters of the areawide sales tax in the amount of one cent per dollar to be levied on sales, rentals and services within the Borough in lieu of the present personal property tax with the same language in the actual proposition that would be before the voters. Seconded by Ms. Barker. Amendment carried by unanimous voice vote. Mr. White moved to amend in the third WHEREAS by inserting the word telephone between heating fuel and electricity. Seconded by Ms. Barker. Amendment carried by unanimous voice vote. Mr. Naughton moved to table Ordinance No. 84-39-0(A) until the Special Meeting on Friday, August 10, 1984. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. Mr. Naughton moved to rescind the action in tabling Ordinance No. 84-39-0(A) until August 10, 1984. Seconded by Mr. Murray. Motion carried by unanimous voice vote. Mr. Naughton moved to table Ordinance No. 84-39-0(A) until the Special Meeting on Thursday, August 16, 1984 at 6:30 pm. Motion carried by unanimous voice vote. VIII OLD BUSINESS A. Ord. No. 84-25-0 Relating To The Exemption Of Certain Personal Property. (Tabled) Ms. Barker moved to remove Ordinance No. 84-25-0 from the table. Seconded by Mr. Naughton. Motion carried by unanimous voice vote. Mr. Murray moved to table. Seconded by Mr. Naughton. Motion carried by unanimous voice vote. B. Letter: City of Kodiak re: Cull & Uski Islands (Tabled) KIB Assembly Mtg. - Aug, 2, 1984 Page 5 (Res. No. 84-80-R Supporting The Transfer Of Gull And Uski Islands To The City Of Kodiak.) Mr. Murray moved to remove from the table. Seconded by Mr. Naughton. Motion carried by unanimous voice vote. Mr. White moved to adopt Resolution No. 84-80-R. Seconded by Ms. Barker. Mr. Murray moved to delete after NOW, THEREFORE, BE IT RESOLVED the following language: contingent on the City of Kodiak entering into an agreement with the Borough to designate five (5) acres of City land behind the municipal airport for fishing Rear storage, adia- cent to five (5) acres to be designated by the Kodiak Island Borough. Seconded by Mrs. Cater. Amendment failed 1-4 with Mr. Murray casting the YES vote. Motion carried by unanimous voice vote on Resolution No. 84-80-R. IX MANAGER'S REPORT A. August Meetings Aug. 9: Tom Mingen (Lutheran Homes Society) Noon - Borough Conference Room Hospital Advisory Board & Tom 4fingen 7:30 p.m. - Borough Conference Room Transportation Study Mtg. (Ed Naughton) Aug. 16: Joint meeting with City Council 7:30 p.m. - Borough Conference Room Special Assembly Meeting 6:30 p.m. - Assembly Chambers Aug. 23: Joint meeting with Board of Equalization 7:30 p.m. - Borough Conference Room Aug. 30: September Packet Review 7:30 p.m. - Borough Conference Room B. Other Business 1. Assembly Chamber Heating & Ventilation System (The Staff is continuing to work on this.) (Conference Room Ventilation) Mr. Naughton moved that Staff be instructed to proceed with purchase and installation of an air -conditioner to be installed in the exterior wall with all reasonable speed. Seconded by Mrs. Cater. Motion carried by unanimous roll call vote. 2. Info from P & Z July meeting (No action taken) X NEW BUSINESS A. Kodiak Buskin River Inn Application re: Minors Mr. Naughton moved to voice objection to the designation of the Kodiak Buskin River Inn as a premise where persons 16 years and older may dine unaccompanied, persons under 16 years may dine accompanied by a person 21 years and older and persons between 16 and 19 years of age may be employed. Seconded by Mr. White. Motion carried by unanimous roll call vote. B. Request for Travel Authorization - Bryce Gordon Mr. Naughton move to approve authorization to the ICBO 62nd Annual Conference in Salt Lake City in the amount not to exceed $1,442.00. Seconded by Mrs. Cater. Motion carried 4-1 with Mr. Murray casting the NO vote. C. Res. No. 84-75-R Requesting Municipal Funding From The State of Alaska. Mr. Naughton moved to adopt Resolution No. 84-75-R. Seconded by KIB Assembly Mtg. - Aug. 2, 1984 Page 6 Mrs. Cater. Motion carried by unanimous voice vote. D. Res. No. 84-76-R Authorizing The Acquisition Of Construction And Maintenance Easements To Accomodate Construction Of Service District #1 Water And Sewer Improvements, Project No. 84-1. Mr. White moved to adopt Resolution No. 84-76-R. Seconded by Mr. Naughton. Motion carried by unanimous roll call vote. E. Res. No. 84-77-R Allocating Funds To Acquire The Floating Dock In Anton Larson Bay. Mr. White moved to adopt Resolution No. 84-77-R. Seconded by Mrs. Cater. Motion carried by unanimous roll call vote. F. Res. No. 84-78-R Revising The Minimum Unit Prices For Material Sales Contracts. Mr. Naughton moved to adopt Resolution No. 84-78-R and that seventy-five cents ($.75) be inserted in the NOW, THEREFORE, BE IT RESOLVED paragraph. Seconded by Mr. White. Motion carried by unanimous roll call vote. G. Res. No. 84-79-R Designating "Smoking Sections" In The Borough Building Per Chapter 34, Section 18.35.320 Of The Alaska Statutes. Mr. White moved to adopt Resolution No. 84-79-R. Seconded by Ms. Barker. Motion carried by unanimous voice vote. H. Ord. No. 84-40-0 Amending The Class Title, Pay Range And Job Description Of The Personnel Rules And Regulations. (1st Rdg.) Mr. Murray moved to adopt Ordinance No. 84-40-0 in the first reading. Seconded by Mr. Naughton. Motion carried by unanimous voice vote. I. Ord. No. 84-41-0 Placing The Question Of Exemption From The Conflict Of Interest Law (A.S. 39.50) On The Ballot. (1st Rdg.) Mr. Naughton moved to adopt Ordinance No. 84-41-0 in the first reading. Seconded by Mr. Murray. Motion carried by unanimous voice vote. J. Ord. No. 84-42-0 Repealing And Re -Enacting Title 15, Buildings And Construction. (1st Rdg.) Mr. Murray moved to adopt Ordinance No. 84-42-0 in the first read- ing. Seconded by Mr. White. Motion carried by unanimous voice vote. K. Ord. No. 84-43-0 Rezone Lot 7, Block 2, Monashka Bay Alaska Subdivision From Public Use Lands (PL) To Rural Residential District (RR1). (1st Rdg.) Mr. White moved to adopt Ordinance No. 84-43-0 in the first reading. Seconded by Mr. Murray. Motion failed 1-4 with Mr. Murray casting the YES vote. L. Ord. No. 84-44-0 Rezoning The Unsubdivided Remainder Of U.S. Survey 1671 From Conservation (C) To Rural Residential One (RR1). (1st Rdg.) Mr. Naughton moved to adopt Ordinance No. 84-44-0 in the first reading. Seconded by Mr. White. Motion carried by unanimous voice vote. M. Ord. No. 84-45-0 Rezoning U.S. Survey 3100 and U.S. Survey 3101 From Rural Residential One (RR1) To Single -Family (R1) And Two - Family Residential (R2). (1st Rdg.) Ms. Barker moved to adopt Ordinance No. 84-45-0 in the first read- ing. Seconded by Mr. Naughton. Motion carried by unanimous voice vote. N. Memorandum of Agreement Between The City of Kodiak and the RIB Assembly Mtg. - Aug. 2, 1984 Page 7 Kodiak Island Borough re: Building Inspection on Borough Projects Inside the City Limits. Mr. White moved to ratify. Seconded by Ms. Barker. Motion carried by unanimous voice vote. 0. Towing Services Contract Award Mr. White moved to award the contract to Russian River Services for the amounts indicated on the bid sheet. Seconded by Mrs. Cater. Motion carried by unanimous roll call vote. P. Facility Coordinator's Status Report - July 1984 Mr. White moved to acknowledge receipt. Motion carried by unanimous voice vote. Q. KIB Financial Report - July 1984 Mr. Naughton moved to acknowledge receipt Motion carried by unanimous voice vote. XI MAYOR'S COMMENTS Seconded by Mrs. Cater. Seconded by Mrs. Cater. 1. I would like to commend Jerome Selby for the fine job he did as Mayor and I am sure he will do a good job as manager. I am glad to see him aboard as the Borough Manager. XII ASSEMBLY COMMENTS Mr. White: 1. I would like to see Staff prepare an ordinance for first reading in September to limit the Borough's powers on the alcohol which limits the power on Bar hours and days of operation. 2. I would like for Staff to also prepare another ordinance on the Bar hours which was defeated before because the Assembly said it was premature. I would like the hours to be a "mirror reflection" of the City's ballot measure. Ms. Barker: I would like to thank the departing Hospital Admini- strator, Dan Van Wieringen, for his contributions to the Hospital and the community. I think he has done an excellent job in the time he has been here. Mr. Murray: I would concur with Ms. Barker and ask that a letter be written by the Mayor thanking Mr. Van Wieringen for his services. I would like to introduce, in the first reading, Ordinance No. 84-46-0 Revising Chapter 17.53 of the Borough Code, Recreational Vehicle Parks. Mr. Murray moved to adopt Ordinance No. 84-46-0 in the first reading. Seconded by Mr. Naughton. Motion carried by unanimous voice vote. XIII AUDIENCE COMMENTS Andrew E. Elko: (P.O. Box 2078, Homer) Since May 1983, I hold a vested interest in property owned by my son, Robin and his wife Debbie. (Lot 5, Block 7 Monashka Bay Subd.) I wish to speak on citizen harassment by Borough officials. On July 26th, Robin and Debbie received a letter from the Kodiak Island Borough Engineer- ing Department stating: "This letter is notice to you that you have thirty days to acquire a building permit and install approved sani- tation facilities or vacate the premises. The Borough Code doesn't permit any occupancy in the rural residential zone one without a proper septic system and approval of sanitary facilities." How is it that the previous owner, Dan Caty, was allowed to erect a structure and occupy same dating back almost two and one-half years ago? What was the Borough's concern for approved sanitation facilities? It is most upsetting to see regulations enforced in an arbitrary, discriminatory manner. Marlin Knight (neighbor) filed a violation complaint on July 1, 1984 with the Community Development office charging the lack of a building permit and absence of proper sanitation facilities among other charges. From all indica- tions, Marlin Knight of the Kodiak Borough Planning and Zoning KIB Assembly Mtg. - Aug. 2, 1984 Page 8 Commission, didn't object to his friend, Dan Cary, lacking a build- ing permit or even the most primitive sanitation facilities. Marlin Knight: (He was allowed to give rebuttal.) Debbie Elko: I didn't know when you bought a house that you have to buy a building permit everytime you buy something? We didn't build it. Ms. Barker moved to grant the Elko's an extension of one hundred twenty (120) days to install their septic system. Seconded by Mr. Naughton. Mrs. Cater moved to amend the extension to sixty (60) days. Seconded by Mr. White. Amendment failed 3-2 with Ms. Barker and Mr. Murray casting the NO votes. Main motion failed 3-2 with Mrs. Cater and Mr. Murray casting the NO votes. Mr. White moved to grant the Elko's an extension of ninety (90) days to install their septic system. Seconded by Mr. Naughton. Mr. Murray moved to amend the motion to sixty (60) days to run con- current with the existing letter. Seconded by Mr. Naughton. Amend- ment carried 4-1 with Ms. Barker casting the NO vote. Main motion as amended carried 4-1 with Ms. Barker casting the NO vote. Mr. Murray moved to continue the Assembly meeting until midnight if necessary. Seconded by Mr. Naughton. Motion carried 4-1 with Mr. White casting the NO vote. Lorna Arndt: "Does the Borough need a better personnel evaluation system or is the Assembly satisfied with the current format of employee evaluation and review, or with the current format of employee job descriptions?" Wally Johnson: (Personnel Board Rep.) Would you please act and inform us, by the Personnel Board's October meeting, do you or do you not want us to pursue evaluations? Mr. Murray moved to direct the Personnel Board to present any changes they might recommend on the job descriptions and evaluation forms by the Assembly's December meeting. Seconded by Mr. Naughton. Motion carried. Deputy Mayor Anderson dissolved the Alcohol Task Force per Mr. Wally Johnson's request. Mr. Murray: I would like management to get together with hospital administration and resolve what is actually available for purchase of hospital equipment. (Hospital Equipment Grant) Also, management might wish to examine the method presently used for dispensing the funds to the hospital. XIV ADJOURNMENT Ms. Barker moved to adjourn. Seconded by Mr. Naughton. Deputy Mayor Anderson adjourned the meeting at 11:49 pm. Deputy $ rough Mayor ATTEST: