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1983-02-03 Regular MeetingKODIAK ISLAND BOROUGH ASSEMBLY MEETING - February 3, 1983 (A Verbatim Record is on File in the Clerk's Office) I CALL TO ORDER Mayor Herrnsteen called the meeting to order at 6:40 p.m. in the Borough Assembly Chambers. II ROLL CALL Present Mayor Herrnsteen Mr. Arndt Mrs. Cater Mr. Murray Mr. Peotter Mr. Wakefield Mr. White Absent Mr. Anderson (out of town)(excused) A quorum was established. Mr. Murray moved to excuse Mr. Anderson. Seconded by Mr. Arndt. Motion carried with no objection. III ACCEPTANCE OF AGENDA Mr. Shealy had the following additions under the Manager's Report: 1. Request for a variance for connection to water and sewer project. 2. Authorize the Borough to accept a memorial fund for Ben Aure. The agenda was accepted with the above additions. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Reg. - Jan. 6, 1983 B. Assembly -Spec. - Jan. 20, 1983 Mr. Peotter moved to accept the minutes of the Assembly Regular Meeting - Jan. 6, 1983 and Special Meeting - Jan. 20, 1983. Seconded by Mr. Wakefield. Motion carried with no objection. V MINUTES OF OTHER MEETINGS A. Monashka Bay Road Service - Jan. 24, 1983 B. Hospital Board - Jan. 5 & 19, 1983 C. Parks & Recreation Comm. - Dec. 21, 1982 & Jan. 10, 1983 D. KITS - December 16, 1982 E. Personnel Board - January 10, 1983 F. Architectural Review Board - January 26, 1983 G. KIB School Board - January 10 & 17, 1983 H. P & Z - Reg. - Dec. 15, 1982 Mr. Peotter moved to acknowledge receipt of Items A,B,C,D,E,F,G and H. Seconded by Mr. Arndt. Motion carried with no objection. VI COMMUNICATIONS & APPEARANCES A. Boards and Commissions 1. Authorize Hospital equipment purchase Mr. Peotter moved to authorize the purchase of the Pulmonary Function Machine from Gould Electronics and Electrical Products in the amount of $12,765.40. Seconded by Mr. Murray.. Motion carried by unanimous voice vote. 2. Mental Health Budgets a. Amended FY-83 Budget (Ord. No. 82-23-0 (1st rdg.)) Mr. Murray moved to adopt Ordinance No. 82-23-0 in the first reading. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. b. Authorize Submission of FY-84 Mental Health Budget KIB ASSEMBLY MTG. - Feb. 3, 1983 Page 2 n 'Mr. Murra) mAed7to'acknowledge receipt of the FY-84 projected budget at this time since it is a proposal. Seconded by Mr. White. Motion carried by unanimous voice vote. B. Res. No. 83-20-R Recognizing The Need For A Multi -Use Auditorium. Mr. Peotter moved to adopt Resolution No. 83-20-R. Seconded by Mrs. Cater. Dr. Bob Johnson: Just a little background as to how this resolution got written and why. The Arts Council was concerned when the Borough Assembly prioritized their capital improvement programs and put the auditorium on the bottom. It looked like it would be a long time before we would get an auditorium. The resolution really is an expression of support on the part of the Assembly recognizing the need for and the fact that there is a lot of support for an auditorium. Dick Rohrer: I want to give you some figures, that are accurate figures, on what it costs to maintain our public buildings that are so nice to have. These figures are for the last twelve years and what we can expect to spend on the new auditorium to maintain it. In 1972 and 73 the total school budget was $3.7 million and of that budget $500,000 was for maintenance and operations. That's taking care of the buildings. That does not include some major maintenance. In twelve years the total school budget has gone from $3.7 million to $14 million. That's a 375% increase. The main- tenance and operations budget has gone from $500,000 to a little over $3 million. That is just over a 600% increase to maintain our buildings. It will probably cost $150,000 to $200,000 a year to maintain the new auditorium. That's janitor, maintenance, electricity and fuel. That does not include major maintenance. Resolution No. 83-20-R was adopted by unanimous voice vote. C. Letter from School Board re: auditorium Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. D. Letter from Kramer, Chin & Mayo re: billing Mr. Arndt moved that payment be made to Kramer, Chin & Mayo, Inc. in the amount of $9,186 for Invoice No. 13432 re: Service District No. 1 Wastewater Improvement to be funded out of the grant. Seconded by Mr. Peotter. Motion carried 5-1 with Mr. Murray cast- ing the NO vote. E. Letter from Walt Ebell re: VFW Lease Mr. Arndt moved to refer this back to Staff to come up with a solution to present to the Assembly at one of the future work sessions. Seconded by Mr. Murray. John Bowerman: The Kodiak Island Sportmans Association, holding a su - e—b T ase with the Veterans of Foreign Wars for a shooting range, is concerned about the proposed log -hauling operation from Monashka Bay to Monashka Bay Road. In late Dec. 1982, a rumor of agreement between the VFW and Timberline, Inc. for the purpose of hauling logs was brought to the attention of the KISA Executive Board. On Jan. 4, 1983, KISA sent a letter to the VFW inquiring what the purpose of the newly improved road passing close to our indoor shooting range was, and whether or not there was any truth to the rumor. As of this date we have not received a response from the VFW. We have received a copy of a letter from Will Walton to the VFW. Mr. Walton's letter and the borough assembly work session on Jan. 27 has led us to believe that commercial log hauling operations are to start soon. As our facility would be directly affected by the commercial use of the road passing close to our new range, we feel the need to express our position regarding this matter. Motion to refer back to Staff carried by unanimous voice vote. KIB ASSEMBLY MTG. - Feb. 3, 1983 Page 3 r 7 F. Deleted. ! I G. Personnel Board Vacancy Mayor Herrnsteen appointed Mr. John O'Larey to fill an un-expired term ending Dec. 31, 1983. Mr. Peotter moved to ratify the appointment of Mr. John O'Larey to the Personnel Beard. Seconded by Mr. Wakefield. Motion carried with no objection. VIII OLD BUSINESS B. Report on Auditorium Schematics (Tabled) Mr. Murray moved to accept the Schematics Design for the auditorium from Sundberg & Associates and authorize Staff to pay them that portion of the contract for that work. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. C. Fire Trucks Mr. Wakefield moved to approve the contract with McPherson Supply Company for two basic Grumman Fire Truck packages at a cost of $96,991.00 each. Seconded by Mr. White. Motion carried 5-2 with Mrs. Cater and Mr. Murray casting the NO votes. A. Authorizing Road Maintenance Agreement - Bells Flats Road Service District. Mr. Murray moved to authorize Staff to enter into a contract on behalf of Bells Flats - Russian Creek Road Service for road maintenance with Island Sand & Gravel. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. VII PUBLIC HEARINGS A. Ord. No. 83-1-0 Revising The Provisions Of Title 13 Of The KIB Code Pertaining To Meters. Mr. Peotter moved to adopt Ordinance No. 83-1-0. Seconded by Mr. White. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Mayor Herrnsteen read a letter from Mr. David L. Cook into the record re: senior citizens discount allowance in multi -unit facilities. Motion carried on Ordinance No. 83-1-0 by unanimous voice vote. Mayor Herrnsteen directed Staff to consider another ordinance on the Senior Citizen discount if one is necessary. B. Ord. No. 83-2-0 Updating Title 3 Of The Borough Code To Include Periodic Review Of Fees For Services. Mr. Wakefield moved to adopt Ordinance No. 83-2-0. Seconded by Mr. Arndt. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion to adopt Ordinance No. 83-2-0 carried by unanimous voice vote. C. Ord. No. 83-3-0 To Determine The Disposition Of Tax Foreclosure Properties. Mr. White moved to adopt Ordinance No. 83-3-0. Seconded by Mrs. Cater. Regular Session closed: KIB ASSEMBLY MTG. - Feb. 3, 1983 Page 4 n Public Hearingopened� NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried to adopt Ordinance No. 83-3-0 by unanimous voice vote. D. Ord. No. 83-4-0 Providing For The Issuance Of $4,300,000 General Obligation School Construction Bonds Of The Borough And Fixing Details Of Said Bonds. Mr. Peotter moved to adopt Ordinance No. 83-4-0. Seconded by Mr. Arndt. Mr. Peotter moved to amend by substituting Ordinance No. 83-4-0(A). Seconded by Mr. Arndt. Motion carried by unanimous voice vote. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Mr. Arndt moved to amend by deleting the insertion of the date, year and the amount of payment under Section 4 and Section 17 and also the interest rate under Section 17. Seconded by Mr. Murray. Amendment carried by unanimous voice vote. Motion carried to adopt Ordinance No. 83-4-O(A) as amended. E. Ord. No. 83-5-0 Amending Portions Of Ch. 17.21 Of Borough Code On B-Business Districts. Mr. Peotter moved to adopt Ordinance No. 83-5-0. Seconded by Mr. Murray. Regular Session closed: Public Hearing opened: Pat Briggs: I am opposed to having apartments as part of a business area. Public Hearing closed: Regular Session opened: Mr. Arndt moved to amend that under Conditional Uses item C. Mini - Warehouses and item D. Outdoor Storage be deleted and re-inserted under Permitted Uses. Seconded by Mr. Murray. Amendment carried 5-1 with Mr. Peotter casting the NO vote. Motion to adopt Ordinance No. 83-5-0 as amended carried by unanimous voice vote. F. Ord. No. 83-6-0 Rezoning Certain Lands Adjacent To The City Of Port Lions From C-Conservation To W-Watershed. Mr. Peotter moved to adopt Ordinance No. 83-6-0. Seconded by Mr. Wakefield. Regular Session closed: Public Hearing opened: NO COMMENTS Public Hearing closed: Regular Session opened: Motion carried to adopt Ordinance No. 83-6-0 by unanimous voice vote. G. Ord. No. 83-7-0 Amending Ch. 18.35 Of Borough Code On Trespass. Mr. Peotter moved to adopt Ordinance No. 83-7-0. Seconded by Mr. Arndt. Mr. Peotter moved to amend by substituting Ordinance No. 83-7-O(A). Seconded by Mr. White. Regular Session closed: Public Hearing opened: NO COMMENTS Public Hearing closed: KIB ASSEMBLY MTG. - Feb. 3, 1983 E- Regul ar Sess ion lopAed? Page 5 Motion carried to adopt Ordinance No. 83-7-0(A) by unanimous voice vote. H. Ord. No. 83-8-0 Amending Title 8 Of The Borough Code On Health And Safety. Mr. Wakefield moved to adopt Ordinance No. 83-8-0. Seconded by Mr. Peotter. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried to adopt Ordinance No. 83-8-0 by unanimous voice vote. I. Ord. No. 83-9-0 To Appropriate Certain Fixed Sums Of Money For The Jr. High School Renovation Project. Mr. Peotter moved to adopt Ordinance No. 83-9-0. Seconded by Mr. Wakefield. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Mr. Arndt moved to table until the March meeting. Seconded by Mr. White. Motion carried by unanimous voice vote. J. Ord. No. 83-10-0 Amending The Class Title, Job Description And Pay Range Of The Personnel Rules And Regulations. Mr. Peotter moved to adopt Ordinance No. 83-10-0. Seconded by Mr. Wakefield. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried to adopt Ordinance No. 83-10-0 by unanimous voice vote. K. Ord. No. 83-11-0 Revising Sections 16.04.130 And 16.28.020 Of The KIB Code Pertaining To The Definition Of Subdivision. Mr. Peotter moved to adopt Ordinance No. 83-11-0. Seconded by Mr. Wakefield. Regular Session closed: Public Hearing opened: Len Grothe: I would like to suggest that you leave the portions w i-c aTTows sale or exchange of small parcels of land to or between adjoining property owners in the code and just add the platting requirement. Public Hearing closed: Regular Session opened: Mr. Murray moved to table Ordinance No. 83-11-0 and ask Staff to search out Mr. Grothe's question. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. L. Addition Of A Fisheries Management Policy To The KIB's Conceptually Approved Coastal Management Program. Mr. Peotter moved to amend the Kodiak Island Borough's Coastal Management Plan by adding a section titled Fisheries Management stating "Fishery management plans and regulations shall be implemented in a manner that provides equitable access to harvest the resources, stability to the local economy, and sustained -yield resource populations". Seconded by Mr. Wakefield. KIB ASSEMBLY MTG. - Feb. 3, 1983 Page 6 Regular Session &1:7 Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote. IX MANAGERS REPORT A. February Work Sessions 1. Thursday, February 10, 1983 in the Conference Room with the Financial Advisor at 7:30 pm. 2. Thursday, February 17, 1983 in the Conference Room with the Personnel Board to review the Personnel Policy and with the Mental Health Board to review FY-84 budgets at 7:30 pm. 3. Thursday, February 24, 1983 in the Conference Room to review the March packet at 7:30 pm. B. Other Business 1. Request for a variance for connection to water & sewer project (Nora & Nick Mullan, Sr.) Mr. Peotter moved to table and send it to the Service District for an assessment of all the potential easements and properties that may fall into this similar category. Seconded by Mr. Murray. Motion carried by unanimous voice vote. 2. Authorize the Borough to accept a memorial fund for Ben Aure (This will be handled under the State.) X NEW BUSINESS A. Ord. No. 83-12-0 Amending the Schedule Relating To Pay Ranges And Class Titles For Employees Of The KIB And Providing An Effective Date. (1st Rdg.) Mr. White moved to adopt Ordinance No. 83-12-0 in the first reading. Seconded by Mr. Murray. Motion carried by unanimous voice vote. B. Ord. No. 83-13-0 Amending Sec. 16.24.02OB(1) Of The KIB Code Regarding Road Construction Requirements When Platting. (1st Rdg.) Mr. Peotter moved to adopt Ordinance No. 83-13-0 in the first reading. Seconded by Mr. White. Motion carried by unanimous voice vote. C. Res. No. 83-19-R Reaffirming Support Exempting Business Inventories From Personal Property Taxes. Mr. Wakefield moved to adopt Resolution No. 83-19-R. Seconded by Mr. Peotter. Motion carried by unanimous voice vote. D. Ord. No. 83-15-0 Deleting Ch. 17.12, Rural Residential Zones, And Enacting Ch. 17.17, Rural Residential District. (1st Rdg.) Mr. White moved to adopt Ordinance No. 83-15-0 in the first reading. Seconded by Mr. Peotter. Motion carried 5-1 with Mr. Wakefield casting the NO vote. E. Ord. No. 83-16-0 Enacting Ch. 17.16 Of The Borough Code On R-R 2.5 Rural Residential Districts. (1st Rdg.) Mr. White moved to adopt Ordinance No. 83-16-0 in the first reading. Seconded by Mr. Peotter. Mr. White moved to amend under Chapter 17.16 by deleting the RR 2.5 and inserting RR 2.0. Seconded by Mrs. Cater. Amendment carries by unanimous voice vote. Motion as amended carried by unanimous voice vote on Ordinance No. 83-16-0 in the first reading. KIB ASSEMBLY MTG. - Feb. 3, 1983 Page 7 F `3 11 7 i F. Ora. No. 83-�7-DIAmend" g Title 17 Of Borough Code By Deleting Ch. 17.18, Residential Zones And Creating Ch. 17.18, Single Family Residential District, Ch. 17.19, Two -Family Residential District And Ch. 17.20, Multi -Family Residential District. (1st Rdg.) Mr. Peotter moved to adopt Ordinance No. 83-17-0 in the first reading. Seconded by Mr. White. Motion carried by unanimous voice vote. G. Ord. No. 83-18-0 Amending Title 17 Of The KIB Code, Pertaining To Zoning, By Deleting Portions Of Ch. 17.30 - General Use Regulations And Revising Ch. 17.33 - Public Uses, In Its Entirety. (1st Rdg.) Mr. Peotter moved to adopt Ordinance No. 83-18-0 in the first reading. Seconded by Mr. Murray. Mr. Murray moved to amend the ordinance by the addition of P. Fire Stations under 17.33.020 Permitted Uses. Seconded by Mr. Wakefield. Amendment carried by unanimous voice vote. Motion carried as amended on Ordinance No. 83-18-0 by unanimous voice vote. H. Ord. No. 83-19-0 Amending Ch. 17.63 Of Borough Code On Certificates Of Occupancy. (1st Rdg.) Mr. Peotter moved to adopt Ordinance No. 83-19-0 in the first reading. Seconded by Mr. Murray. Motion carried with no objection. I. Ord. No. 83-20-0 Rezoning Portions Of U.S. Survey 3098 To B-Business. (1st Rdg.) Mr. Peotter moved to adopt Ordinance No. 83-20-0 in the first reading. Seconded by Mr. Arndt. Motion carried with no objection. J. Ord. No. 83-21-0 Rezoning Portions Of The Woman's Bay Community In Accordance With The Adopted Comprehensive Plan. (1st Rdg.) Mr. White moved to adopt Ordinance No. 83-21-0 in the first reading. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. K. Ord. No. 83-22-0 Amending The Appropriation Ordinance Of FY-83 For Road Service District. (1st Rdg.) Mr. White moved to adopt Ordinance No. 83-22-0 in the first reading. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. L. Res. No. 83-13-R Seeking Improvements To The Mill Bay Road Project Including Pedestrian Facilities. Mr. Peotter moved to adopt Resolution No. 83-13-R. Seconded by Mr. White. Mr. Arndt moved to amend that the width of Mill Bay road be the same width as Rezanoff with one sidewalk only on the side of the street that the Catholic Church and Apartment Complex is on. Seconded by Mr. White. Amendment carried by unanimous voice vote. Motion as amended carried by unanimous voice vote on Resolution No. 83-13-R. M. Res. No. 83-15-R Awarding The Chiniak School Construction Contract. Mr. Peotter moved to adopt Resolution No. 83-15-R. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. N. Res. No. 83-16-R Authorizing Inter -fund Borrowing For The Monashka Bay Road Service District. Mr. Peotter moved to adopt Resolution No. 83-16-R. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. KIB ASSEMBLY MTG. - Feb. 3, 1983 Page 8 `? 0. Res. No. 81-17-R Lt[ror'izing A Conditional Lease For A Non -Profit Salmon Hatchery On Shuyak Island. Mr. White moved to adopt Resolution No. 83-17-R. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. P. Res. No. 83-18-R To Effect Certain Budget Changes In The Bonded School Capital Projects Fund. Mr. Peotter moved to adopt Resolution No. 83-18-R. Motion carried by unanimous voice vote. Q. Travel Request (Manager) (Alaska Municipal Management Assoc. Conf., Feb. 17-19, Juneau) Mr. Wakefield moved to approve the request. Seconded by Mr. White. Motion carried with no objection. R. Karluk Work of Art Mr. Peotter moved that Staff be authorized to negotiate a contract in the amount not to exceed $6,300 with Robert Parrish for the Karluk School art and the remaining amount of approximately $2,000 be dedicated to various art pieces in the learning resource center upon approval by the manager. Seconded by Mr. Wakefield. Motion carried 5-1 with Mr. Arndt objecting. S. Ord. No. 83-14-0 To Effect Transfers Between Funds. (1st Rdg.) Mr. White moved to adopt Ordinance No. 83-14-0 in the first reading. Seconded by Mr. Peotter. Motion carried with no objection. T. Authorize Purchase Of A Kodak Sequential Imprinter Mr. Peotter moved that the Manager be authorized to buy the Kodak Sequential Imprinter for a sum not to exceed $9,435. Seconded by Mr. Wakefield. Motion carried with no objection. U. Accept Audit & Management Letter Mr. Peotter moved to acknowledge receipt of the Audit and Manage- ment Letter from Arthur Young & Company. Seconded by Mr. Wakefield. Motion carried with no objection. V. A & E Contract For Akhiok Bulk Fuel Feasibility/Design Engineering Study Mr. White moved to approve the award of a contract to Ellerbe in an amount not to exceed $12,240. Seconded by Mr. Wakefield. Motion carried with no objection. W. Approval of High School Locker Room Schematics Mr. Peotter moved to approve the Schematics for the High School Locker Room/Boiler Replacement Construction. Seconded by Mr. Arndt. Motion carried 5-1 with Mr. Wakefield casting the NO vote. X. Facility Coordinator's Status Report - Jan. 1983 Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Arndt. Motion carried with no objection. Y. Port Lions L.S.R.& T. Design Mr. Peotter moved that the Borough Engineering Department be directed to proceed with the project as previously scheduled and to reject proposals from F. Robert Bell & Associates and Rolland A. Jones. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. Z. KIBSD Report of Revenues & Expenditures - Nov. & Dec. 1982 Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Wakefield. Motion carried with no objection. KIB ASSEMBLY MTG. - Feb. 3, 1983 Page 9 aa. KIB'Detail d Ludget and Revenue Report - Jan. 1983 Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Wakefield. Motion carried with no objection. XI MAYOR'S COMMENTS NO COMMENTS. XII ASSEMBLY COMMENTS Mr. Wakefield: None. Mrs. Cater: None. Mr. White: (re: VFW Lease) I kind of feel like we sent Staff out to check on our problem and they came back with a "bear". We ran into the cabin and left them outside with the "bear". That wasn't really our intent, we just basically wanted a cooling -off period. Mr. Arndt: None. Mr. Murray: I have a question for the attorney or manager. Do we have any ordinance that speaks to civil penalties for violations of zoning laws or whatever that we can impose? (Rick Garnett/Attorney) We are reviewing that situation and it is in the works. I think the code as it exists now would permit the Borough to sue for damages. Mr. Peotter: I feel we should work up a schedule for lobbying efforts so that we can have some consistant representation. XIII AUDIENCE COMMENTS - None. XIV ADJOURNMENT Mr. Peotter moved to carried by unanimous Meeting adjourned at ATTEST: /�1,11 %/1� 0 adjourn. Seconded by Mr. Arndt. Motion voice vote. 11:29 pm.