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1982-07-01 Regular MeetingKODIAK ISLAND BOROUGH ASSEMBLY MEETING - JULY 1, 1982 (A Verbatim Record is on File in the Clerk's Office) I CALL TO ORDER Deputy Mayor Peotter called the meeting to order at 6:35 P.M. in the Borough Assembly Chambers. II ROLL CALL Present "— M . naerson Mr. Arndt Mr. Beaty Mr. Murray (arrived 6:40 PM) Mr. Wakefield Mr. White Deputy Mayor Peotter A quorum was established. Mr. Anderson moved to excuse Mr Arndt. Motion carried. III ACCEPTANCE OF AGENDA Absent Mr. Herrnsteen (out of town) (excused) Herrnsteen Mr. Wakefield moved to accept the agenda Motion carried by unanimous voice vote. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Reg. - June 3, 1982 Seconded by Mr. Seconded by Mr. Beaty. Mr. Anderson moved to accept the minutes as presented. Seconded by Mr. Beaty. Motion carried by unanimous voice vote. V MINUTES OF OTHER MEETINGS A. Health Resources Advisory Council - 4/29/82-5/13/82 B. Kodiak Island Hospital Advisory Board - 5/26/82-6/9/82 C. Architectural Review Board - 5/17 & 19/82 D. P & Z - Reg. - May 19, 1982 Mr. Arndt moved to acknowledge receipt of Items A through D. Seconded by Mr. Beaty. Motion carried by unanimous voice vote. VI COMMUNICATIONS & APPEARANCES A. Boards & Commissions Representatives No Action. B. Res. No. 82-2 - Port Lions Tribal Council Mr. Wakefield moved to acknowledge receipt. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. C. Fire Service District 1 Resignations & Appointments No action was taken since the Assembly has not received official notice of resignations. D. Letter from KIB School Board re: Budget Mr. Murray moved to approve the reduced budget in the amount of $254,760. Seconded by Mr. Anderson. Motion carried by unanimous roll call vote. E. Letter from Larsen Bay re: Use of School Facilities No Action. VII PUBLIC HEARINGS A. Ord. No. 82-25-0 Amending The Comprehensive Plan From Public And Open Space To Shopping Center On Lots 19-25, Block 2, Allman Addition, City Of Kodiak. g 0 o q� 11! 1 n r, Mr. Arndt moved to adopt Ordinance No. 82-25-0. Seconded by Mr. White. Reoular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous roll call vote. B. Ord. No. 82-26-0 Rezoning Lots 19, 20, 23, 24 & 25, Block 2, Allman Addition, City of Kodiak, From R-1, Single Family Residential To B-Business. (Mildred Markham, Jon & Debbie Smee and Island Plumbing & Heating) Mr. Arndt moved to adopt Ordinance No. 82-26-0. Seconded by Mr. White. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous roll call vote. C. KIB Coastal Management Public Hearing Draft Regular Session closed: Public Hearing opened on KIB Coastal Management Draft: Gene Sands:(Environmental & Regulatory Compliance Engineer - EXXON) We are anxious to work with the Borough in developing a program which addresses the Borough's concern as well as the energy need of the state and nation. We would encourage the Borough to prepare a revised program draft based on comments presented at todays hearing as well as written comments submitted and to schedule another workshop to discuss revised draft. Again Exxon desires to work with the Borough in achieving a program which meets the Borough's needs while allowing for coastal development to occur. �Tom � Gal��la �h__e�r��:�(Public Affairs Rep. - CHEVRON)(Speaking on behalf of t e A�if & Gas Association) Aoga supports those policies of the Draft Kodiak Coastal Management program which promote multiple use. In addition Aoga supports the proposed implementation policy. Aoga is concerned however, that the program contemplates that the Kodiak Island Borough would assume primary responsibility for consistency determinations for State and Federal actions through a memorandum of understanding between the KIB and certain State agencies. Thomas Cook:(Chevron - Exploration Rep. for Alaska) The draft program recognizes the soundness of promoting multiple uses of land and water resources. We strongly urge that you give full consider- ation to the concerns and recommendations of the Alaska Oil and Gas Association. As drafted the program represents a positive approach to accommodating development. Dan Ogg: (Citizen of KIB) In reading through the plan one should see what type of things that are described as benefits for the Borough. It seems to me that the events in this program is in the benefit of the federal government and the state government. The final thing that I would really like to discuss is what's the cost of adopting this plan to the taxpayers of Kodiak Island Borough. I am opposed to this program and I recommend that you deny it. Public Hearing closed: Regular Session opened: VIII OLD BUSINESS A. Ord. No. 82-5-0 Amending The Class Title & Pay Range Table Of The KIB Personnel Rules & Regulations. (Tabled)(Mental Health) Mr. White moved to remove from the table Ordinance No. 82-5-0. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. Mr. Murray moved to adopt Ordinance No. 82-5-0. Seconded by Mr. Wakefield. Motion failed 3-3 with Mr. Anderson, Mr. Beaty and Mr. White casting the NO votes. B. Ord. No. 82-14-0(A) Revising Ch. 17.51 Of Borough Code on Accessory Buildings. (Tabled) Mr. Murray moved to remove from the table Ordinance No. 82-14-0(A). Seconded by Mr. Beaty. Motion carried by unanimous voice vote. Mr. Murray moved to amend 82-14-0(A) beginning with Section 4: also including Chapter 17.52. Seconded by Mr. White. Amendment carried by unanimous roll call vote. Mr. Anderson moved to table Ordinance 82-14-0(A) as amended sending it to the next meeting for public hearing. Motion carried by unanimous roll call vote. C. Encroachment on Royal Large Property " Mr. Murray moved to direct Staff to prepare documents to go out to bid for construction of some 1,100 feet of road right-of-way in the Bells Flats Subdivision and bring back that bid for that construc- tion to place the road which is presently on private property onto the public right-of-way. Seconded by Mr. Beaty. Motion carried by unanimous roll call vote. D. Bells Flats/Russian Creek Service Area B Tract Royalty Relief And Haul Road Maintenance Cost Sharing. Mr. Anderson moved to take the Engineer's high figure of $5,000 to supplement the Bells Flats/Russian Creek Service District for maintenance on the haul roads for the B Tracts. Seconded by Mr. White. Mr. Murray moved to amend the motion by substituting $10,000 for the $5,000 and to also add language that any funds remaining at year end would be put into a special fund for capital improvemen to tnose articular roaas. �econaea by Mr. white. Motion to 3-3 wit Mr. n erson, Mr. Arndt and Mr. Beaty casting the NO votes. Main motion carried by unanimous roll call vote. E. Status Report on Self -Insurance No Action. F. Land Status Report Mr. Murray moved to acknowledge receipt of the Land Status Report and direct Staff to have P & Z examine the some 8,000 acres in the Bells Flats area which will come into the Borough in terms of this ultimate utilization either through sale or Borough needs. Seconded by Mr. White. Motion carried by unanimous roll call vote. I1�:I,1.1 *. � IIslam A. July Work Sessions 1. Thursday, July 8, 1982, 7:30 p.m. in the Conference Room with the Hospital Board, attorney & representatives of the Lutheran Hospitals and Homes Society. 2. Thursday, July 15, 1982, 7:30 p.m. in the Conference Room with P & Z. 3. Thursday, July 29, 1982, 7:30 p.m. in the conference room to review the August packet. B. Other Business 1. Recommendation from the Architectural Review Board and the School Board re: Architecture Selection for remodeling the Jr. High and preparing the schematics for the auditorium building. Mr. White moved to award the contract to Sundberg Associates in the amount of $405,000 for Phase I Cost plus printing. Seconded by Mr. Anderson. Motion carried by unanimous roll call vote. B.(1) Res. No. 82-48-R Proclaiming July 4 through 10, 1982 As Muscular Dystrophy Week. Mr. Wakefield moved to adopt Resolution No. 82-48-R. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. X NEW BUSINESS A. Res. No. 82-43-R Authorizing The Staff To Contact The Various (Banks) Bond Paying Agents For Destruction Of Paid Bonds And Coupons. Mr. Anderson moved to adopt Resolution No. 82-43-R. Seconded by Mr. Beaty. Motion carried by unanimous voice vote. B. Travel Request - Linda Freed Mr. Wakefield moved to authorize Linda Freed's travel to Nova Scotia and expend $1,640 out of the CEIP grant fund. Seconded by Mr. Beaty. Motion carried 5-1 with Mr. Arndt casting the NO vote. C. Res. No. 82-44-R Requesting The Alaska Department Of Transpor- tation And Public Facilities To Replace Construction -Destroyed Lot Corners On Rezanof Extension. Mr. Wakefield moved to adopt Resolution No. 82-44-R. Seconded by Mr. Beaty. Motion carried by unanimous voice vote. D. (a) Ord. No. 82-27-0(A) Amending Title 8 Of The KIB Municipal Code Entitled "Health & Safety", By The Enactment Of A Revised Ch. 8.08, Creating A Mental Health Center Advisory Board. (1st Rdg.) Mr. White moved to adopt Ordinance No. 82-27-0(A) Seconded by Mr. Beaty. Motion failed 2-4 with Mr. Wakefield and Mr. White casting the YES votes. (b) Ord. No. 82-27-0(B) Amending Title 8 Of The KIB Municipal Code, Entitled "Health & Safety", By The Enactment Of Ch. 8.08,"Department Of Mental Health", Creating a Mental Health Department And Mental Health Center Advisory Board. (1st Rdg.) Mr. White moved to adopt Ordinance No. 82-27-0(B). Seconded by Mr. Wakefield. Motion failed 1-5 with Mr. Wakefield casting the YES vote. (c) Ord. No. 82-27-0(C) Amending The Borough Code By Deletion Of Ch. 8.08, Mental Health Center Governing Board. (1st Rdg.) Mr. White moved to adopt Ordinance No. 82-27-O(C). Seconded by Mr. Beaty. Motion carried 4-2 with Mr. Wakefield and Mr. White casting the NO votes. E. FY 83 Hospital Budget Mr. Murray moved to acknowledge receipt of the FY 83 Hospital Budget and Letter dated June 2, 1982 concerning the proposed increase in cost of care in the Intermediate Care Facility and direct that those items go to the Hospital Board for their consid- eration and recommendation to the Assembly. Seconded by Mr.Beaty. Motion carried by unanimous roll call vote. F. Towing Bid Recommendation Mr. Murray moved to approve and award the contract to Kodiak Towing for the towing of junked vehicles for Kodiak Island Borough per the attached bid sheet being used in the contract award. Seconded by Mr. White. Motion carried by unanimous roll call vote. G. Impoundment Bid Recommendation Mr. White moved to award the impoundment services contract to Kodiak Towing, subject to the establishment of a new impoundment facility in accordance with a lease with the City of Kodiak. Seconded by Mr. Wakefield. Motion carried by unanimous roll call vote. H. Material Sales Contract Auction Recommendation Mr. Murray moved to award material sales contract for Tracts B-1 and B-2 to John Felton for the annual use fee of $5,000 each and the tracts B-3 and B-4A to Mike Brechan for the annual use fee of $5,000 each. Seconded by Mr. Beaty. Motion carried by unanimous roll call vote. I. Hopper Valley Roads End Application for new Liquor License (Ernest C. & Dorothy L. Hopper and Rollyn Ball) Mr. Arndt moved to approve the liquor license application for Hopper Valley Roads End. Seconded by Mr. Wakefield. Ron Ball:(Applicant) Since Mr. Hopper had a license in their loca- at one time, we did not know that there was a need to get an excep- tion because of the zoning. We are willing to go along with that. If it is possible, I would like to see the Assembly table this matter. Then this way we would not have to re -apply to the ABC Board after we apply for the exception. Mr. Arndt moved to table until next meeting. Seconded by Mr. Wakefield. Motion carried 4-2 with Mr. Murray and Mr. White casting the NO votes. J. B & B Liquor - Application for new Liquor License (Blue, Inc. - Tim & Pam Abena) Mr. White moved to object to the approval of the application for a liquor license of B & B Liquor (Blue, Inc.) on Mill Bay Road. Seconded by Mr. Wakefield. Deputy Peotter read letters of protest into the record from the following: City of Kodiak Michael Rasmussen Charles & Arlene Simpler Kodiak Christian School Nazarene Church Kodiak Bible Chapel Berean Baptist Church Assembly of God Community Baptist Church Art & Arlene Zimmer Tim Abena: (Applicant) This store will enable me to be more cost efTeive in purchasing my liquor. (I also own a bar downtown.) I don't really care about running a high-powered liquor store. In fact, it will have no grand -opening, if I get the license and open the store, will have no advertising, will have no signs and will be very low profile. The matter with the City Council concerning the number of liquor licenses in the City and whether or not I am going to annex and have this license in the City limits is something I will answer this way. I will guarantee that I will never annex and move this license into the City. Jerry Markham: (on behalf of Tom Curly) What you are dealing with here is the initial establishment of a liquor license. That creates a substantial difference in the legal concept of liquor laws than perhaps where there is a renewal or a transfer involved. In those situations an individual has already an established right. They have invested money in reliance upon a guarantee under the law that they can apply a particular trade. In this situation that's not the case. In summary, there is no question in my mind that legally, if this Assembly determines a license should not be granted, that the ABC Board would follow it's recommendations if it thought the Assembly had valid reasons. Peggy Rasmussen: (Concerned parent and property owner) I do oppose 1 9 it very highly. Maggie Roberts: I am opposed. Lorna Arndt: I am opposed. I think we should just keep the ones t a- i�t right now and leave it the way it is. Kermit Reppond: (on behalf of Kodiak Bible Chapel) Although, it is zoned business and there are other businesses out there, again I think we should look toward the intent or spirit of the law as well as the letter of the law and I believe it's the intent and spirit of the law to have businesses that are compatible with a residen- tial zone when they are so inter -mixed as the present situation is. I do not feel it is compatible with a residential area. Art Zimmer: A liquor store would promote something very contradic- tory to what is being taught and promoted by the churches and schools in the area. Jan Walton: I oppose a liquor store in this residential area. I wo�T —even oppose a grocery store. This is a nice residential area and I would not like to see another business go into that part of the community. Mr. Murray moved to amend the motion to include the following reasons of protest: (1) opposition of area residents and I would attach to that the letters received and also the verbal testimony heard here tonight, (2) there are two schools and two churches within a one block radius of the proposed site and those uses are not compatible with the proposed use (The applicant's application indicates that the store would be at least one-half mile from a school and one -quarter of a mile from a church. I would strongly disagree with those statements and would ask the ABC Board to search whether or not there is compliance with the law.), (3) Kodiak Island Borough has received a letter of opposi- tion from the City of Kodiak, which is an adjacent municipality to the area in question and (4) the Borough does not have police powers and therefore could not enforce either Borough ordinances or State law relative to the various problems associated with the consumption of alcohol in the community. Seconded by Mr. White. Amendment carried by unanimous roll call vote. Main motion of opposition as amended carried 5-1 with Mr. Wakefield casting the NO vote. K. Res. No. 82-45-R Requesting The Hon. Jay S. Hammond, Governor Of The State Of Alaska, To Appoint Mr. Wayne Kvasnikoff To The Alaska Board Of Fisheries. Mr. White moved to adopt Resolution No. 82-45-R. Seconded by Mr. Beaty. Motion carried by unanimous voice vote. Mr. Murray moved that the Assembly direct a Letter of Commendation to Mr. Nick Szabo for his past service on the Alaska Board of Fisheries and thank him as representative in our community for his service. Seconded by Mr. Arndt. Motion carried. L. Res. No. 82-46-R Urging The Appointment Of Jeff Stephan To The North Pacific Fishery Management Council. Mr. Wakefield moved to adopt Resolution No. 82-46-R. Seconded by Mr. Anderson. Mr. White moved to amend by deleting WHEREAS, neither of the oth two nominees for the same seat - Sara Hemphill from nc orage or Alan Beardsley from Kodiak - re resent t e asovera Kodiakfis in an industry and insert WHEREAS, Mr. Stephbeen instrumental i the formation of the Regional Salmon Planning Team and has demon strated a concern for the fis ery resource. Seconded by Mr. Murray. Amendment carried 5-1 with Mr. Wakefield casting the NO vote. Main motion as amended carried by unanimous voice vote. M. Ord. No. 82-29-0 Rezoning The West Half Of Lot 1, USS 5701, From Conservation To Rural Residential.(Omar Stratman)(lst Rdg) Mr. Anderson moved to adopt Ordinance No. 82-29-0. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. N. School Projects (1) East Multi -Purpose Room Mr. Murray moved to direct Staff to enter into a design contract with ECI-Hyer for development of a long range plan for East in the amount not to exceed $10,000. Seconded by Mr. Beaty. Motion carried by unanimous roll call vote. (2) Old Harbor (Residing) Mr. Murray moved to advertise for the award of construction contract to reside the Old Harbor School. Seconded by Mr. Wakefield. Motion carried by unanimous roll call vote. (3) High School Locker Room No Action Taken. (4) Water Gallery - Chiniak Mr. Arndt moved to award a contract to URS Company to design the water gallery and collection system for the Chiniak School in the amount not to exceed $9,500. Seconded by Mr. Beaty. Motion carried by unanimous roll call vote. (5) East Elementary (Painting) Mr. Wakefield moved to authorize painting contract to the contractor not to exceed $24,717 to paint East Elementary School. Seconded by Mr. Beaty. Mr. Murray moved to amend by including the language that it is a change order to the existincontract. Seconded by Mr. Arndt. Amendment carried by ug nanimous voice vote. Main motion as amended carried by unanimous roll call vote. 0. Playground Design Mr. Arndt moved to award an A & E contract to Paul Selberg in an amount not to exceed $15,000 for the design of the following playgrounds: East Peterson Old Harbor Larsen Bay Ouzinkie Port Lions Seconded by Mr. Wakefield. Motion carried by unanimous roll call vote. P. Hospital Projects (1) Construction Deficiencies Mr. Murray moved to authorize Staff to advertise for the construction contract for the repairs to correct the original construction deficiencies at the hospital to be reimbursed by Hill -Burton funds. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. (2) Access & Patio Mr. Arndt moved to advertise for the construction contract for the new handicapped access, patio and minor interior altera- tions. Seconded by Mr. Beaty. Motion carried by unanimous voice vote. (3) Storage Building Mr. Arndt moved to advertise for proposals for design/build of an 1800 sq. ft. metal storage/shop facility with a one hour rated interior wall. Seconded by Mr. Murray. Motion carried by unanimous voice vote. Q. Assembly Chambers Renovation Mr. Beaty abstained. Mr. Arndt moved to award the bid to L.G. Schneider in the amount of $269,996. Seconded by Mr. Wakefield. Mr. Murray moved to amend the motion by inserting the words not to exceed $269,996. Seconded by Mr. Arndt. Amendment carried by unanimous voice vote. Main motion as amended carried by unanimous roll call vote. R. Sale of Excess Borough Property Mr. Murray moved to authorize Staff to advertise for sale the excess items. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. S. Status Report on Construction Projects Mr. Beaty moved to acknowledge receipt. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. T. Main Elementary - Line Burial Estimate No Action Taken. U. Service District 1 Utility Maintenance Recommendation Mr. Murray moved to reject the bids and readvertise. Seconded by Mr. Beaty. Mr. Beaty moved to amend that it be a solicit for proposals instead of bids. Seconded by Mr. White. Amendment carried by unanimous voice vote. Main motion as amended carried by unanimous voice vote. V. Ord. No. 82-28-0 Amending Title 15 Pertaining To Building And Construction - License Required. (1st Rdg.) Mr. Beaty moved to adopt Ordinance No. 82-28-0. Seconded by Mr. Anderson. Mr. Murray moved to amend by inserting the following words under A. It Shall be the duty of the Building Official to require that all contractors and subcontractors performing construction work on any job inspected by the Building Official with the exception of residential property of less density than a four-plex and items exempted in Section 15.28.010 shall be licensed in accordance with Alaska Statutes. Such licenses shall include all certificates of registration issued by the Department of Commerce as well as required fitness cards. Seconded by Mr. Arndt. Amendment carried 4-2 with Mr. Anderson and Mr. Beaty casting the NO votes. Main motion as amended carried 5-1 with Mr. Anderson casting the NO vote. W. Main Elementary Casework Recommendation Mr. Wakefield moved to award a change order to Rogers & Babler for casework not to exceed $130,000. Seconded by Mr. Beaty. Motion carried by unanimous roll call vote. X. KIBSD Report of Revenue & Expenditures - April 1982 Mr. Murray moved to acknowledge receipt. Seconded by Mr. White. Motion carried by unanimous voice vote. Y. Kodiak Island Hospital Financial Statement - April 1982 Mr. White moved to acknowledge receipt. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. Z. Mental Health Center Financial Statement - April/May 1982 Mr. Anderson moved to acknowledge receipt. Seconded by Mr. White. Motion carried by unanimous voice vote. ' ) 0 I I I aa. KIB Detailed Budget & Revenue Report - May 1982 Mr. Beaty moved to acknowledge receipt. Seconded by Mr. White. Motion carried by unanimous voice vote. bb. Res. No. 82-47-R Designating An Acting Manager During The Duly Designated Manager's Absence Or Disability. (David L. Waldron) Mr. White moved to adopt Resolution No. 82-47-R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. XI MAYORS COMMENTS - None. XII ASSEMBLY COMMENTS Mr. Anderson: I understand they are planning a road between Darted Beaver Lake. I believe we made a commitment about a year and a half ago to set it up as a green -belt. Also, the Girl Scout area was proposed for part of it. I think this Assembly should stand by that commitment. I would like for the Manager to research and see what we committed ourselves to. Mr. Murray: (1) What is the status of the proposal given to the Boroug F-Ey' Felton Construction concerning contemporary use of properties of VFW site? (2) I thought you did an excellent job Mr. Mayor, your commitment to 7:30, however, was not met. Mr. Wakefield: I will be on vacation the end of July and will not be making—tF work sessions or the August meeting. Mr. Arndt: No Comments. Mr. Beaty: What is the status of the Architectural Review Board Code oT Appeals? Mr. White: (1) I want to commend the Planning Dept. for their of oorts in cleaning up all the junkers around town and citing squatters. (2) I would like to direct Staff to prepare a plan and a cost estimate for playground for the park lot on the South Russian Creek Road. What I had in mind was to get something pre- pared before we discuss capital money. (3) I would like to recom- mend that Staff draw up a resolution for Federal assistance to clean up the old Navy dump on the Russian River. And perhaps get copies to our Alaska delegates in Washington, D.C. and perhaps some to our legislators. Mr. Peotter: I received, today, the final report of the KRACKER committee. XIII AUDIENCE COMMENTS Noreen Thompson: Thank you for your cooperation on the school issues. Dan VanWeirengen: I would like to offer a meeting to satisfy Mr. Murray s questions at any time. XIV ADJOURNMENT Deputy Mayor Peotter adjourned the meeting at 11:20 PM. i rough Deputy ayor - ATTEST: