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1982-11-04 Regular MeetingKODIAK ISLAND BOROUGH ASSEMBLY MEETING - November 4, 1982 (A Verbatim Record is on File in the Clerk's Office) f 11M_li1i1 c 1 Mayor Herrnsteen called the meeting to order in the Kodiak High School Library. II ROLL CALL Present Absent Mayor Herrnsteen Mr. Anderson Mr. Arndt Mrs. Cater Mr. Murray Mr. Peotter Mr. Wakefield Mr. White. A quorum was established. III ACCEPTANCE OF AGENDA Mayor Herrnsteeen requested that ACCEPTANCE OF SUBMITTAL OF A LIST OF NEEDS be added under VI COMMUNICATIONS & PPE RANGES item B. 1�Fe_aly asked that the following be added under the Managers Report: 1. Report from Jim Edwards / DOT 2. Report on generators for the rural schools. Mr. Peotter asked that the Kodiak Island Hospital minutes of November 3, 1982 be added under V D. The agenda was accepted with the additions above. IV MINUTES OF OTHER MEETINGS A. Assembly - Reg. - Oct. 7, 1982 B. Assembly -Spec. - Oct. 19, 1982 Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. V MINUTES OF OTHER MEETINGS A. KIBSD - Reg. - Sept. 27, 1982 B. Kodiak Island Mental Health Center - Sept. 20, 1982 C. O.C.S. - May 18, 1982 D. Kodiak Island Hospital - Oct. 6, 1982 & Nov. 3, 1982 E. Bells Flats -Russian Creek Road/Fire Serv. Dist. - Oct. 12, 1982 F. Architectural Review Board - Oct. 26, 1982 Mr. Peotter moved to acknowledge receipt of items A through F under Minutes of other Meetings. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. VI COMMUNICATIONS & APPEARANCES A. Boards & Commissions Representative Mr. Wilton White, Hospital Advisory Board, asked that the Assembly consider the arrangement where the Manager of the Hospital and the Board could make the acquisitions of pieces of equipment that are less than $5,000. Mrs. Cater moved that we give the authority to the Hospital Admini- strator with the approval of the Hospital Board to authorize the purchase of any equipment under $5,000. Seconded by Mr. Peotter. Mr. Wakefield moved to amend by adding that it then go to the Borough Manager to authorize the purchase of any equipment under $5,000 specified in the equipment list. Seconded by Mr. White. The amendment carried by unanimous voice vote. The main motion as amended carried by unanimous voice vote. KIB ASSEMBLY MTG. - Nov. 4, 1982 Page 2 The other items, the Assembly will attempt to review and have ready by next month. B. Kodiak Island Hospital Advisory Board Appointment Mayor Herrnsteen appointed Mr. Ab Stewart. Mr. Peotter moved to ratify. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. C. P & Z Commission Appointments Mr. Peotter moved to accept the resignation of Mr. Ramaglia from the Planning & Zoning Commission. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. Mayor Herrnsteen appointed Mr. Dan James to fill the vacancy left by Mr. Ramaglia resigning and requested the members of the Commission whose terms have expired to continue to serve until next month's meeting. Mr. Wakefield moved to ratify the appointment. Seconded by Mr. White. Motion carried by unanimous voice vote. D. Parks & Recreation Committee Appointments Mayor Herrnsteen appointed the following: (Three (3) year terms) 1. Pat Szabo 2. Craig Johnson 3. Dorothy Holmes (Two (2) year terms) 1. Barbara Popken 2. John Sevier (One (1) year terms) 1. Bruce Maass 2. Stefani Dochtermann Mr. White moved to ratify the appointments. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. Mr. Murray moved to appoint Mr. Peotter as the Assembly member on the committee. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. The Planning & Zoning Commission will appoint a member to the com- mittee and the School Board will appoint a non -voting member. Mr. Peotter recommended that the committee along with the Mayor and the Manager draft the by-laws and bring them to the Assembly for approval. E. Letter from Michael Emmick re: Capital Improvements for Port Lions Public School. Mr. Wakefield moved to acknowledge receipt. Seconded by Mr. White. Motion carried by unanimous voice vote. F. Emergency Preparedness Program - Jack Cervantes Mr. Jack Cervantes was present and explained the Emergency Preparedness Plan. VII PUBLIC HEARINGS A. Ord. No. 82-37-0 Appropriating Interest Earnings For Projects And Other Use. Mr. Peotter moved to adopt Ordinance No. 82-37-0. Seconded by Mr. Wakefield. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote. B. Ord. No. 82-39-0 Enacting Ch. 17.20 Of Borough Code On Neighborhood Business District Regulations. KIB ASSEMBLY MTG. - Nov. 4, 1982 11 0 n 1 ? n I 1 4 Page 3 Mr. Peotter moved to adopt Ordinance No. 82-39-0. Seconded by Mr. Wakefield. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion failed 1-6 with Mrs. Cater casting the YES vote. C. Ord. No. 82-40-0 Amending Ch. 17.21 Of Borough Code On Business Zones. Mr. Peotter moved to adopt Ordinance No. 82-40-0. Seconded by Mr. Wakefield. Regular Session closed: Public Hearing opened: Mr. Art Bors: I would like to urge you to not adopt the ordinance for the�Towing reasons: Essentially what you are doing is down - zoning this land. Just on general philosophical principals you start with general rules and you make them more and more specific and they become more and more difficult to adhere to for everyone. Additional requirements, and they always seem to be additional and not one that is made more lax, is to make every development a little more difficult and a little more costly to where people just can't develop property very easily. Mr. John Bealy: My main concern is that you do allow a residence to e set on t ose sites since it is a new area and a beginning business usually will start with the owners of that land and a place for them to stay. Greg Furin: Putting laws on the book for some future problem, I think is backward thinking. I think there are enough laws to deal with right now, if any of you have ever tried to develop any property in Kodiak it's next to a nightmare. Toby Cook: I would just like to speak in opposition of the ordnance and in support of what Dr. Furin was referring to. The idea of steering too far ahead restricts development. It creates unnecessary hardship on the property owners. Lorna Arndt: I am against this ordinance. I don't feel you should have to have businesses underneath apartments. Art Zimmer: I should be able to depend on something that was zoned t e— w�purchased it with that intent and had the freedom to build at my convenience and not be threatened that I am going to be down -zoned and suddenly find out I can't carry out something I purchased land to do. Bob Aldridge: I feel like you are attempting to change the rules after people have bought the property. Public Hearing closed: Regular Session opened: Mr. Arndt moved to amend under 17.21.020 Permitted Uses item B. to read Residents and A 2rtment Units only and item F. should read Recreation re ate Business then add item Y. Machine Shoo s, Open Storage, Office Buildin and Accessory Buildinq and e iminf ate items A. Accessory Buildings, B. partment Houses and F. Open Storage under 17.21.030 Conditional Uses. Seconded by Mr. Peotter. Mr. Anderson moved to call for the question on the amendment. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. Amendment carried 6-1 with Mrs. Cater casting the NO vote. Mr. Anderson moved to amend the ordinance by deleting Section 2 under 17.21.060 Urban Renewal Plan Compliance. Seconded by Mr. Arndt. Amendment carried by unanimous voice vote. Mr. Arndt moved to amend under 17.21.050 Performance Standards KIB ASSEMBLY MTG. - Nov. 4, 1982 Page 4 9 0 0'1 2 1 1� f, item A. should have the words rock or gravel inserted after trees and then delete all of item C. Screening. Seconded by Mr. Wakefield. Amendment failed 2-5 with Mr. Arndt and Mr. Wakefield casting the YES votes. Mr. Anderson moved to amend under 17.21.050 Performance Standards item A. Ground Cover to insert the words rock or gravel after the word trees. Seconded by Mr. Arndt. Amendment carried by unanimous roll call vote. Mr. Murray moved to amend the ordinance by deleting to and within one hundred feet under 17.21.050 Performance Standards item C. Screening. Seconded by Arndt. Mr. Peotter moved to call for the question on the amendment. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. Amendment carried 6-1 with Mrs. Cater casting the NO vote. Main motion as amended carried by unanimous roll call vote on Ordinance No. 82-40-0. D. Ord. No. 82-41-0 Rezoning The Lands In The City Of Port Lions In Accordance With The Adopted 1982 Port Lions Comprehensive Development Plan. Mr. White moved to adopt Ordinance No. 82-41-0. Seconded by Mr. Wakefield. Mr. Wakefield moved to amend by deleting the WATERSHED AREA only. Seconded by Mr. Anderson. Amendment carried y —unanimous vote. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Main motion as amended carried by unanimous voice vote. E. Ord. No. 82-42-0 Establishing The Monashka Bay Road Serv. Area. Mr. White moved to adopt Ordinance No. 82-42-0. Seconded by Mrs. Cater. Regular Session closed: Public Hearing opened: Shawn Dillon: (Marmot Drive) I am in favor of the ordinance. Harold Brown: (Three Sisters) I am in favor of getting something donedonea out the roads, they are in poor condition. They are sub- Alcan roads and that's bad. Assemblywoman Cater read a letter from Michael C. Brechan into the record stating he is in favor of road service area. Bob Aldridge: (Marmot Drive) I would like to thank Phil Shealy and the Borough Assembly for making the map. My main objection to the district is that I live on Marmot Drive and I don't want to pay for Three Sisters. I feel very confortable with the whole situation as long as I don't have to pay for the "pinkies" (Three Sisters Area). Marilyn Brown: (Three Sisters) I am for the ordinance. Dave Hamaker: (Three Sisters) I am in favor of the ordinance. Dave Luedtke: (Three Sisters) I feel that if the Road Service Area is formed t at the Borough should be responsible to bring that road up to the standards it should have been constructed to in the first place. I am in favor of having something done about it, but I don't feel that the property owners should bear the liability to pay for the past sins of the Borough Administration. I think we are entitled to know how much it is going to cost us if we vote in the Road Service Area. Corrinne E. Ferre: I would like to contribute my vote to form a RIBA ASSEMBLY MTG. ' - Nov. 4, 1982 Service District. Page 5 Peter Bollenbarker: (Marmot Drive) I am in favor of our area ecoming a part of this Service District. Frank Parker: (Three Sisters) I am in favor of the ordinance. What -1would like to see when the Service District is formed is for the Borough to look at what they can do to help us either assess property owners on the Three Sisters section to get the road re- built or to do something with it. Public Hearing closed: Regular Session opened: Assemblyman Peotter read the following letters into record: Susan Stubbe: In favor of ordinance. Ileen Ellison: In favor of ordinance. Dan Ogg: Opposed to road service district for Island Vista Subd. and if they can't be seperated, I am opposed to the whole district. Robert & Christina Aldrich: We are in favor if it is for basic services but, we are not in favor if it means we will be paying for the upgrading for Three Sisters Way. David Dunivent: In favor of ordinance. Mayor Herrnsteen read a letter from Stormy C. Stutes into the record stating he is in favor of the ordinance. Motion carried 6-1 with Mr. Murray casting the NO vote on Ordinance No. 82-42-0. VIII OLD BUSINESS A. Letter from Commissioner John Katz re: Lot 1, USS 2539 B.F. No action taken. r-, B. Letters re: Mail Delivery No action taken. C. Ord. No. 82-34-0 Enacting Ch. 17.53 Of Borough Code On Recrea- tional Vehicle Parks. (Tabled) Mr. Wakefield moved to remove from the table. Seconded by Mr. Anderson. Motion carried 6-1 with Mr. Arndt casting the NO vote. Mr. Peotter moved to adopt Ordinance No. 82-34-0. Seconded by Mr. White. Mr. Arndt moved to amend under 17.52.030 Definitions item D. Temporary Use to read "Temporary Use" means six (6) months. Seconded by Mr. Wakefield. Amendment failed 3-4 with Mr. Arndt, Mr. Murray and Mr. Wakefield casting the YES votes. Mr. Anderson moved to amend under 17.53.040 Development Standards item D. Setbacks to read "No recreational vehicle space shall be closer than twenty-five (25) feet to any property line facing a public street or c oser t an five (5) feet to any other property line". Seconded by Mr. Arndt. Am�ment carried 6-1 with Mr. White casting the NO vote. Main motion as amended carried 6-1 with Mr. Arndt casting the NO vote. IX MANAGERS REPORT A. November Sessions 1. Special meeting Thursday, Nov. 18, 1982 at 6:30 p.m. in the Borough conference room to canvass the run-off election, have public hearing on Ordinance No. 82-43-0 and public hearing on Ordinance No. 82-48-0. Joint work session with the City and Jack Cervantes to discuss Emergency Preparedness. 2. Work Session Monday, Nov. 29, 1982 at 7:30 in the Borough conference room to review the December packet. KIB ASSEMBLY MTG. - Nov. 4, 1982 Page 6 r) 0 1) ? n B. Other Business 1. Report from Jim Edwards / DOT Mr. Murray moved to authorize the Manager to expend $2,250 for funding of a quarter of the request for proposal to study the Lily Lake & Municipal Airport as part of the study the State is currently under taking. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. 2. Report on Generators for the Rural Schools Mr. Anderson moved to authorize the Staff to proceed with specifying John Deere generators as in the past. Seconded by Mr. Peotter. Motion carried by unanimous voice vote. X NEW BUSINESS A. Ord. No. 82-43-0 Providing For A Special Election In The Monashka Bay Road Service Area. (1st Rdg.) Mr. Wakefield moved to adopt Ordinance No. 82-43-0 in the first reading. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. B. Ord. No. 82-44-0 Enacting Ch. 17.02 Of The Borough Code On Comprehensive Plans. (1st Rdg.) Mr. White moved to adopt Ordinance No. 82-44-0 in the first reading. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. C. Ord. No. 82-45-0 Amending Ch. 17.36 Of Borough Code On Existing Use. (1st Rdg.) Mr. Anderson moved to adopt Ordinance No. 82-45-0 in the first reading. Seconded by Mr. White. Motion carried by unanimous voice vote. D. Ord. No. 82-46-0 Amending Title 17 Of The KIB Code, Pertaining To Zoning, By Revising Ch. 17.15, Conservation Zones.(Ist Rdg) Mr. White moved to adopt Ordinance No. 82-46-0 in the first reading. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. E. Ord. No. 82-47-0 Amending The Application Fees In Title 17 For Land Use Changes. (1st Rdg.) Mr. Anderson moved to adopt Ordinance No. 82-47-0 in the first reading. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. F. Res. No. 82-75-R To Authorize Certain Expenditure To The State Public Retirement Fund. (PERS) Mr. Anderson moved to adopt Resolution No. 82-75-R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. G. Res. No. 82-76-R Reapportioning The Membership Of The Planning and Zoning Commission. Mr. Anderson moved to adopt Resolution No. 82-76-R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. H. Res. No. 82-77-R To Effect Certain Budget Changes In The Bonded Capital Projects Fund. Mr. Anderson moved to adopt Resolution No. 82-77-R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. I. Res. No. 82-78-R Support Of A Rural Development Assistance Grant For Fire Protection District #1. Mr. Anderson moved to adopt Resolution No. 82-78-R. Seconded by Mr. White. Motion carried by unanimous voice vote. KIB ASSEMBLY MTG. - Nov. 4 1982 Page 7 Mr. Anderson moved lto continue the Assembly meeting and finish the agenda. Seconded by Mrs. Cater. Motion carried 5-2 with Mr. Arndt and Mr. Peotter casting the NO votes. J. Res. No. 82-79-R Support Of A Rural Development Assistance Grant For The Bells Flats -Russian Creek Service Area. Mr. Arndt moved to adopt Resolution No. 82-79-R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. K. Res. No. 82-80-R Amending CEIP "On Share Impact Study". Mr. White moved to adopt Resolution No. 82-80-R. Seconded by Mr. Murray. Motion carried by unanimous voice vote. L. Res. No. 82-81-R Accepting And Authorizing Administration Of CEIP Grants. Mr. White moved to adopt Resolution No. 82-81-R. Seconded by Mrs. Cater. Mr. Arndt moved to table Resolution No. 82-81-R. Seconded by Mr. Anderson. Motion carried 5-2 with Mrs. Cater and Mr. Wakefield casting the NO votes. M. Development Plans - Municipal Land Grant Disposal Program Mr. Peotter moved that Administration be authorized to proceed with planning and for KIB LS 82-02 Plan 4. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. N. A & E Selection for High School Locker Room Mr. Peotter moved that Administration be authorized to negotiate with Ellerbe, CTA and GDM. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. 0. Report on Sale of Storage Shed Information only. P. Award Bid for Re -siding Borough Building Mr. Murray moved to award the bid on the Borough building re -siding and insulation project number KIB 244 in the amount of $43,224 to include the base bid of $42,244 and alternate #2 for $980. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. Q. Award Bid for Hospital Remodeling Project Mr. Murray moved to award the bid for the hospital remodeling project in the amount of $18,120 to Gudenau Construction. Seconded by Mr. Anderson. Motion carried 6-1 with Mr. Peotter casting the NO vote. R. Memo re: Participation in Federal Social Security Program Mr. Anderson moved that the Borough provide term life insurance for all employees and officials while traveling on Borough business. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. Mr. Murray moved to refer the question of optional benefits for employees to the Personnel Board for their consideration and recom- mendation to the Assembly. Seconded by Mr. White. Motion carried 6-1 with Mr. Peotter casting the NO vote. S. Accepting Donation of Handicap Lift Mr. Anderson moved to accept the offer from the American Legion to provide a Handicap Lift for the swimming pool. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. T. Memo re: East Elementary Ball Diamond Mr. White moved to recommend that Staff allow borough and city residents to remove the wood from the proposed ball field and at KIB ASSEMBLY MTG. - Nov. 4 1982 Page 8 1 0 1() 2 sn 1 1 t 1 Main Elementary under a permit system and complete the design work. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. U. Facility Coordinators' Status Report - Oct. 1982 Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. V. Kodiak Island Hospital Financial Statement - Sept. 1982 Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. W. KIB Detailed Budget & Revenue Report - Oct. 1982 Mr. Wakefield moved to acknowledge receipt. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. X. Authorize Entering Into Agreement For Mapping Service Mr. Anderson moved to authorize Staff to enter into a contract with Mr. Ecklund at a cost not to exceed $9,475. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. Ordinance No. 82-48-0 Amending Section 4.15.020 Of Borough Code Relating To Service Area Boards of Supervisors. (1st Rdg.) Mr. Anderson moved to adopt Ordinance No. 82-48-0 in the first reading. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. XI MAYORS COMMENTS - None. XII ASSEMBLY COMMENTS Mr. Anderson: None rF1 _Wa eTd• None Mrs. Cater: None Mr. 4! i� None MrTrn�t: None Mr. Murray: I would like to move that the Assembly ask the School Board in conjunction with the Architect to work up a cost of operation and maintenance for the present preliminary design of the auditorium. Seconded by Mr. Arndt. Motion carried 5-2 with Mrs. Cater and Mr. Wakefield casting the NO votes. Mr. Peotter: Questions re: copy of letter from Mr. Crowe to Mickie Mil -Ter re: Run-off Election ballots. XIV ADJOURNMENT Mayor Herrnsteen adjourned the meeting at 12 s ATTEST: Borough Cjork ��� 15 am. �X