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1985-01-03 Special MeetingKODIAK ISLAND BOROUGH ASSEMBLY MEETING - January 3, 1985 (A Verbatim Record is on File in the Clerk's Office.) I CALL TO ORDER Mayor Peterson called the meeting to order at 6:43 p.m. in the Borough Assembly Chambers. II ROLL CALL Present Mayor Peterson Ms. Barker Mr. Blankenburg Mr. Naughton Mr. Rounsaville Mr. Wakefield A quorum was established. Absent Mrs. Cater (excused) Mr. White (excused) Mr. Wakefield moved to excuse Mrs. Cater and Mr. White. Seconded by Mr. Naughton. Motion carried by unanimous voice vote. III ACCEPTANCE OF AGENDA *A. Consent Agenda Consent agenda items are items considered to be routine and non- controversial by the Assembly and will be approved by one motion. There shall be no separate discussion of these items unless an Assembly member or a citizen so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. Consent Agenda items will be prefixed in the margin with an asterisk (*). Mr. Selby requested the addition of Resolution No. 85-3-R under VI. COMMUNICATIONS & APPEARANCES. Mr. Naughton moved to accept the agenda as amended. Seconded by Mr. Rounsaville. Motion carried by unanimous voice vote. IV MINUTES OF PREVIOUS MEETINGS *A. Assembly - Reg. - Dec. 6, 1984 Mr. Naughton moved to adopt the minutes of the previous meeting. Seconded by Mr. Rounsaville. Motion carried by unanimous voice vote. V MINUTES OF OTHER MEETINGS *A. Fire Protection Area #1 Advisory Board - Oct. 31 & Nov. 28, 1984 *B. Bells Flats/Russian Creek Road/Fire Service District - Dec. 6, 1984 *C. Monashka Bay Road Service District - Dec. 5, 1984 *D. KIB School District - Reg. - Nov. 26, 1984/Spec. - Dec. 3, 1984 Mr. Naughton moved to acknowledge receipt of items A. through D. under minutes of other meetings. Seconded by Mr. Rounsaville. Motion carried by unanimous voice vote. VI COMMUNICATIONS & APPEARANCES Resolution No. 85-3-R Commending Linda Hardy For Artistic Contribution To Kodiak Island. Mr. Wakefield moved to adopt Resolution No. 85-3-R. Seconded by Mr. Rounsaville. Motion carried by unanimous voice vote. Mayor Peterson asked Linda Hardy to come forward and he presented her a framed copy of the resolution. A. Boards & Commissions 1. Ken Gregg: Representing the P & Z Commission. 2. Scott Arndt: Representing Fire District Oil. During the last meeting, Mike Dolph came to make a presentation based on Emergency Preparedness. He basically was wanting us to KIB Assembly Mtg. - Jan. 3, 1985 Page 2 look into some kind of warning system in the service district. B. Architectural Review Board Appointment Mayor Peterson appointed Mr. Art Hors and Mr. Reed Oswalt to fill the two vacant seats for three year terms ending January 1, 1988. Mr. Naughton moved to ratify the appointment. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. C. Citizens' Board of Equalization Appointments Mr. Rounsaville moved that Mr. Jack Mann and Ms. Joan Hughes be appointed to fill the two vacant seats for three year terms ending January 1, 1988. Seconded by Ms. Barker. Motion carried 4-1 with Mr. Wakefield casting the NO vote. D. Personnel Board Appointments Ms. Barker moved that Ms. Kay Baker and Mrs. Lorna Arndt be appointed to fill the two vacant seats for two year terms ending December 31, 1986. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. E. Ratification of Service District Appointment Mr. Wakefield moved to ratify the appointment of Mr. Rob Missal to fill the vacant seat on the Monashka Bay Road Service District Advisory Board until the next regular Borough election. Seconded by Mr. Rounsaville. Motion carried by unanimous voice vote. *** BOARD OF ADJUSTMENT A. Preliminary Vacation and Replats of Lots 16, 17 and 18, USS 3101, to Lots 1 through 15, Block 1, USS 3101. (Anthony Perez) (Res. No. 85-2-R Affirming The Decision Of The Planning and Zoning Commission Concerning The Vacation And Replat of Lots 16, 17 and 18, U.S. Survey 3101.) Mr. Naughton moved to adopt Resolution No. 85-2-R. Seconded by Ms. Barker. Mayor Peterson closed the regular meeting and reconvened as the Board of Adjustment. Ken Gregg: (P & Z Rep.) Many of the conditions that Mr. Perez is appealing are simply routine. I believe that several of them have already been complied with. Mr. Perez: (Appellant) Item 1. The title block changes are necessary to provide a standard platting of the subdivision and which coincides with the future Bunnell Way. I concur with this. The name of the subdivision will be the Tons Subdivision. Item 2. The renaming of the street to Bunnell Way is required by KIB Code Sections 16.16.020D.1 and 16.20.010. (Mr. Perez presented a petition signed by six property owners to change the street name from Bunnell Way to Tons Way or Lane.) Item 3. The renaming of the portion of street adjacent to Lot 15A to a name of local or Alaskan historical note is required by KIB Code Section 16.16.020D.1. (See above.) Item 4. Relocation of the roadway so that the right-of-way coincides with boundary of Lot 15A and the existing sewer manhole is on the extended centerline of the portion of the roadway which crosses Lots 16, 17 and 18 is necessary to align the roads properly for future roadway development and completion. Item 5. Roadway easement across Lots 9 and 10 is necessary for the future extension of Bunnell Way to serve Lot 19. I don't think you can put a road up through there because Mrs Von Sheele already has a home there. Item 6. Roadway and utility construction plans need to be submitted and reviewed by the Borough Engineer to assure compatible, problem free hook-ups to the Borough utility system. We will be submitting road and utility construction plans for your approval when they are finalized. KIB Assembly Mtg. - Jan. 3, 1985 1 0 411 +1) ? 0 1 n l Page 3 Mr. Arndt: When an individual is looking at subdividing his own land and the Borough puts restrictions on it and says you have to move your road in case your neighbor wants to subdivide so he can come across your property. I think that is a bunch of "bologna". I don't think it is the place of Planning and Zoning or the Assembly to dictate how one person is going to align his road so that maybe, just maybe down the road somebody else might be able to come across it. I think each subdivision has to be looked at in its own right. Mayor Peterson closed the Board of Adjustment hearing. Ms. Barker moved to amend Resolution No. 85-2-R by deleting items 3 and 5 from the six conditions. Seconded by Mr. Naughton. Amendment carried by unanimous voice vote. Mr. Naughton moved to amend item 2 by deleting the words "to Bunnell Way". Seconded by Mr. Blankenburg. Amendment carried by unanimous voice vote. Motion as amended on Resolution No. 85-2-R carried by unanimous voice vote. VII PUBLIC HEARINGS (Village Telephone Number 486-5370) A. Ord. No. 84-68-0 To Determine Disposition Of Tax Foreclosure Properties. Mr. Wakefield moved to adopt Ordinance No. 84-68-0. Seconded by Mr. Rounsaville. Mr. Wakefield moved to amend by deleting Lot 13, Block 33 East Addition, Kodiak, AK and insert the word "NONE". Seconded by Mr. Naughton. Amendment carried by unanimous voice vote. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion as amended on Ordinance No. 84-68-0 carried by unanimous voice vote. B. Ord. No. 84-70-0 Amending Chapter 15.04, Building Codes, Pertaining To UBC Chapter 70. Mr. Blankenburg moved to adopt Ordinance No. 84-70-0. Seconded by Ms. Barker. Ms. Barker moved to amend by changing the existing Section 2 to Section 3 and inserting "Section 2: That Section 15.20.010B of the Borough Code is amended by deleting the word "two" and replacing it with the word "ten" and adding the phrase "and meets all the requirements of Chapter 17.26 of the Borough Code". Seconded by Mr. Wakefield. Amendment carried by unanimous voice vote. Regular Session closed: Public Hearing opened: Dan Maciak: I live on Sawmill Circle. As a whole, I am pleased with the ordinance. Scott Arndt: I would like to see the grading permits removed. Driveways are not mentioned as being exempt in item 5. under Section 7003. Dan Maciak: Under Section 7013 in the last sentence where it states that: "Where practical, topsoil available from any cut area shall be stockpiled and used to recover the excavation site upon completion of grading and shall be seeded with appropriate grasses". This may be difficult to enforce. Robin Heinrichs: In general, I was pleased with the changes in the Unified Building Code liberalizing the features that were never enforced. I am wondering why a soil engineering report and a engineering geology report is being required under Section 7006 (c)? I would think that the property owners would investigate this himself if he is concerned about the soil. I just wonder about the validity of this requirement. KIB Assembly Mtg. - Jan. 3, 1985 Page 4 Scott Arndt: I also concur with Mr. Heinrichs. The accuracy of the reports is very questionable. Ken Gregg: (Not as a P & Z Rep.) I would like to see the wording changed in Section 7006 (a) to read, "no person shall do any grading without first obtaining zoning compliance from the Planning Department and a grading permit from the Building Official". Under Section 7006 (c), one of the arguments from the Engineer for including that was for public health and safety from unsafe buildings. I would like to point out to you that any building that was unsafe due to settling of the foundation, I'm sure, would be condemned long before it would endanger the public's health and safety. Public Hearing closed: Regular Session opened: Mr. Wakefield moved to amend under Section 7003 at the end of item 5 by adding the words "or driveways"; also, under Section 7006 (a) by insert- ing the words "zoning compliance" at the end of the first sentence; and under Section 7006 (c) Plans and Specifications should read:"When requir- ed by the building official each application for a grading permit shall be accompanied by two sets of plans and specifications;" and under Section 7013 (a) in the last sentence delete "Where practical" and insert Seconded by Mr. Blankenburg. Amendment carried 4-1 with Ms. Barker casting the NO vote. Main motion as amended on Ordinance No. 84-70-0 carried by unanimous voice vote. C. Ord. No. 84-71-0 Amending Chapter 17.03, General Provisions And Use Regulations, Of The Borough Code. Mr. Blankenburg moved to adopt Ordinance No. 84-71-0. Seconded by Ms. Barker. Regular Session closed: Public Hearing opened: Mayor Peterson read letters from Elayne Hunter-Rennell and Nancy L. Missal into the record. Scott Arndt: I have a problem with grading permits being required. The process is becoming very cumbersome. I would like to see you leave the parking area alone. Dan Maciak: I like the ordinance and I am not objecting to it. Robin Heinrichs: I feel like this legislation is another step in the erosion of the fundamental rights of a property owner. Public Hearing closed: Regular Session opened: Motion failed 1-4 on Ordinance No. 84-71-0 with Ms. Barker casting the YES vote. D. Ord. No. 84-72-0 Rezoning The Remaining Portion Of Tract "G", U.S. Survey 444 From R3-Multi-Family Residential To B-Business. Mr. Naughton moved to adopt Ordinance No. 84-72-0. Seconded by Mr. Blankenburg. Regular Session closed: Public Hearing opened: Mayor Peterson read the comments that were received from James M. Miller of 210 Hillcrest into the record. (Basically he is opposed.) Public Hearing closed: Regular Session opened: Mr. Naughton moved to table Ordinance No. 84-72-0. Seconded by Mr. Rounsaville. Motion carried 4-1 with Mr. Wakefield casting the NO vote. E. Ord. No. 84-73-0 Establishing Position Of Resource Management Officer. KIB Assembly Mtg. - Jan. 3, 1985 a 7 i , ,1 Page 5 Mr. Rounsaville moved to adopt Ordinance No. 84-73-0. Seconded by Ms. Barker. Regular Session closed: Public Hearing opened: Lorna Arndt: When there are new positions they are supposed to go before the Personnel Board before it comes to the Assembly. They were trying to cut back on positions. When the Borough first started the land sales we were told the monies would help lower our taxes and it hasn't. Scott Arndt: I don't object to the position but I do object to the duties not being spelled out. I also think it should be a temporary position. Tony Perez: I would be in favor of this position if it is on a temporary basis. I would like to see the land gotten out to the public. Public Hearing closed: Regular Session opened: Motion carried on Ordinance No. 84-73-0 by unanimous voice vote. F. Ord. No. 84-74-0 Renaming Certain Streets Within The Kodiak Island Borough. Mr. Wakefield moved to adopt Ordinance No. 84-74-0. Seconded by Mr. Naughton. Regular Session closed: Public Hearing opened: Tony Perez: I am in favor of this ordinance. Mr. Selby presented a petition containing a total of seventy-three signatures from the residents of the Mission Road section that is supporting the proposed change back to Spruce Cape Road. Public Hearing closed: Regular Session opened: Motion carried on Ordinance No. 84-74-0 by unanimous voice vote. VIII OLD BUSINESS A. Ord. No. 84-62-0 Amending Title 15, Buildings And Construction. (Tabled after Public Hearing) Mr. Wakefield moved to remove from the table. Seconded by Mr. Rounsaville. Motion failed 3-2 with Mr. Naughton and Mr. Wakefield casting the NO votes. IX MANAGER'S REPORT *A. January Meetings Jan. 3 - Regular Assembly Mtg. - 6:30 p.m. Assembly Chambers Jan. 9 - Arch. Rev. Brd & Hosp. Adv. Brd - 7:00 p.m. Assembly Chambers Jan. 10 - Assembly Work Session with P & Z Comm. - 7:30 p.m. Conf. Room Jan. 17 - Assembly Work Session with Kodiak City Council - 7:30 p.m. Conference Room Jan. 24 - Assembly Work Session with Parks & Rec. Comm. - 7:30 p.m. Conference Room Jan. 29 - Alaska Div. of Emergency Mgt. Public Officials Conf.- 9:00 a.m. and repeated at 7:30 p.m. Assembly Chambers Jan. 31 - Assembly Work Session - 7:30 p.m. Conference Room Packet Review for February Regular Meeting Mr. Naughton moved to acknowledge receipt. Seconded by Mr. Rounsaville. Motion carried by unanimous voice vote. *B. Staff Reports Mr. Naughton moved to acknowledge receipt. Seconded by Mr. Rounsaville. Motion carried by unanimous voice vote. C. Res. No. 85-7-R Supporting The Continuation Of The Commercial KIB Assembly Mtg. - Jan. 3, 1985 Page 6 rt a ; Fisheries Entry Commission Field Office In Kodiak. Mr. Wakefield moved to adopt Resolution No. 85-7-R. Seconded by Mr. Blankenburg. Motion carried by unanimous voice vote. Mayor Peterson acknowledged the receipt of a letter from Teresa D. Stone stating the priorities that she wishes the Borough to adopt within the development of the Kodiak Roadway Master Plan. 1. Base -Town Road, left hand turning lanes. 2. Base -Town Road, overhead highway lighting. 3. Cape Chiniak road, reconstruction - including realignment and guardrail. 4. Kalsin Hill, rehabilitation. 5. All gravel road systems are in desperate need of more material. 6. Close all road systems to open -grazing. X NEW BUSINESS A. Res. No. 85-1-R To Transfer Certain Fixed Sums Of Money From Land Sale Fund To General Fund. Mr. Rounsaville moved to adopt Resolution No. 85-1-R. Seconded by Ms. Barker. Motion carried by unanimous roll call vote. B. Res. No. 84-4-R Declaring The Week Of January 6-12, 1985 African Relief Week. Mr. Naughton moved to adopt Resolution No. 84-4-R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. *C. Res. No. 85-6-R Accepting A Grant From The State Of Alaska In The Amount Of $40,000 For The KIB Coastal Management Program. Mr. Naughton moved to adopt Resolution No. 85-6-R. Seconded by Mr. Rounsaville. Motion carried by unanimous voice vote. D. Ord. No. 85-1-0 Amending The Schedule Relating To Pay Ranges And Class Titles For Employees Of The KIB And Providing An Effective Date.(COLA) (1st Rdg.) Mr. Wakefield moved to adopt Ordinance No. 85-1-0 in the first reading. Seconded by Mr. Blankenburg. Mr. Naughton moved to amend in the third WHEREAS by deleting the word "increase" and inserting the word adjustment. Seconded by Ms. Barker. Amendment carried 4-1 with Mr. Wakefield casting the NO vote. Mr. Wakefield moved to amend by inserting 3_5% in the blank. Seconded by Ms. Barker. Amendment failed 3-2 with Mr. Blankenburg and Mr. Naughton casting the NO votes. Motion as amended on Ordinance No. 85-1-0 failed 3-2 with Ms. Barker, Mr. Rounsaville and Mr. Wakefield casting the YES votes. Mr. Wakefield moved to reconsider at the next meeting and spread on the minutes. Seconded by Ms. Barker. E. Ord. No. 85-2-0 Amending RIB Code Sec. 2.10.020 Concerning Appointment Powers Of The Mayor And Assembly. (1st Rdg.) Mr. Naughton moved to adopt Ordinance No. 85-2-0 in the first reading. Seconded by Mr. Rounsaville. Motion carried by unanimous voice vote. F. Ord. No. 85-3-0 To Change Tax On Small Watercraft (Boats and Skiffs) Under Five Ton Gross Weight. (1st Rdg.) Mr. Wakefield moved to adopt Ordinance No. 85-3-0 in the first reading. Seconded by Mr. Naughton. Motion carried by unanimous voice vote. G. William J. Glynn, Jr., Radio Site Lease Res. No. 85-8-R Declaring Certain Land Available For Lease For A Radio Station. Mr. Wakefield moved to adopt Resolution No. 85-8-R. Seconded by Mr. Blankenburg. Bill Glynn: The proposed tower height is 150 feet. This is not really KIB Assembly Mtg. - Jan. 3, 1985 Page 7 adequate for AM. Even aside from the tower height, the piece of land that I have asked for is so close to the edge of the tract that it would be technically impossible to convert to AM and put in a ground plane that would be satisfactory to the federal government. As far as interference with the hospital's equipment, it is certainly less signal concentrated in their radiology area than would be from a sideband radio from fishermen that happen to have a beam antenna right next door to the hospital. It wouldn't be a problem. Wilton White: (Hospital Advisory Board) I certainly would be the last to want to protest his endeavor to go into business with an installation like this but I think that you should consider the position of the hospital. The hospital land is under consideration for possible development in the area. I would certainly recommend that you get the final disposition of what the program at the hospital is going to be before you start cutting up the hospital's land. Motion failed 2-3 on Resolution No. 85-8-R with Mr. Blankenburg and Mr. Naughton casting the YES votes. H. High School Asbestos Litigation Mr. Blankenburg moved to retain Mr. Daniel A. Speights under the one- third contingency method with payments for expenses quarterly to pursue recovery of the costs associated with the asbestos abatement at the High School. Seconded by Ms. Barker. Motion carried by unanimous roll call vote. I. Amendment to Settlement Agreement - Shuyak Island Mr. Wakefield moved to approve the Amendment to Settlement Agreement for Shuyak Island and designate the Borough Mayor to sign the Amendment and such other documents as may be necessary on behalf of the Kodiak Island Borough. Seconded by Mr. Blankenburg. Motion carried by unanimous voice vote. *J. KIBSD Financial Report for November 1984 Mr. Naughton moved to acknowledge receipt. Seconded by Mr. Rounsaville. Motion carried by unanimous voice vote. XI MAYOR'S COMMENTS - None. XII ASSEMBLY COMMENTS - None. XIII AUDIENCE COMMENTS Linda Freed: Fourteen people from the Kodiak community were out on the Chevron rig in the Shelikof Strait today. I think it was a very valuable experience. Those people were able to see a rig actually exploring for oil. They saw what kind of work the rig is doing and how it is being done. We were able to get a few fishermen that will be putting pots out there later on this month. I think that will certainly help in trying to have some cooperation between the fishing industry and the oil industry. Scott Arndt: I would just like some clarification on Ordinance No. 85-2-0. What is the definition of a utility board? XIV ADJOURNMENT Mr. Naughton moved to adjourn. Seconded by Mr. Blankenburg. Mayor Peterson adjourned the meeting at 9:53 pm. Borough Mayor ATTEST: Borough C1