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1983-04-07 Regular Meetingn KODIAK ISLAND BOROUGH ASSEMBLY MEETING - APRIL 7, 1983 (A Verbatim Record is on File in the Clerk's Office) I CALL TO ORDER Mayor Herrnsteen called the meeting to order at 6:43 p.m. in the Borough Assembly Chembers. II ROLL CALL Present Absent Mayor Herrnsteen Mr. Anderson (arrived 6:45 pm) Mr. Arndt Mrs. Cater Mr. Murray Mr. Peotter Mr. Wakefield Mr. White A quorum was established. III ACCEPTANCE OF AGENDA Mr. Shealy requested the addition of two items under Manager's Report, B. Other Business: 1. Request by hospital to purchase photo -copier. 2. Res. 83-44-R Supporting Funding For Operation And Maintenance Of The Frazer Lake Fishpass For Sockeye Salmon. Mayor Herrnsteen added two letters regarding Item VI H. from Mary Mathes and Barbara Sikora. The Agenda was accepted with the additions. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Reg. - March 3, 1983 Mr. Peotter moved to approve the minutes of the regular meeting of March 3, 1983. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. V MINUTES OF OTHER MEETINGS A. Kodiak Island Hospital - Feb. 9, 1.983 & March 9, 1983 B. Bells Flats -Russian Cr. Rd./Fire Service Dist. - March 9, 1983 C. Architectural Review Board - March 2, 1983 D. Monashka Bay Road Service Dist. - March 23, 1983 E. Kodiak Island Mental Health - Feb. 17, 1983 F. OCS Advisory Council - March 8, 1983 G. Planning & Zoning Commission - March 16, 1983 Mr. White moved to adopt the minutes of other meetings, Items A through G. Seconded by Mr. Wakefield. Motion carried with no objection. VI COMMUNICATIONS AND APPEARANCES Boards & Commissions A. Appearance: Sandy Kavanaugh Re: Hotel Tax No action taken. B. Letter re: Chiniak Sanitary Landfill. Requested Staff to investigate alternatives. C. Letter Re: Trip to Juneau (Murray & Anderson). Requested Staff to write in support of the municipal land disposal. KIB ASSEMBLY MTG. - April 7, 1983 Page 2 0 0 n `i 2 r) I 1 9 n D. OCS re: Request for resignation. Mr. Peotter moved to ratify the request of the OCS Advisory Council in requesting Mr. Bill Pappert's resignation. Seconded by Mr. White. Motion carried with no objection. E. Appearance: Jonathan & Debbie Smee - Request for Manhole and Sewer Connections. Referred back to Staff. F. Letter re: Terror Lake Job 68-1 Requesting Waiver of Building Permit. Mr. Peotter moved to grant a waiver of building permits to Kiewit- Groves for their temporary camps at the Terror Lake Construction Sites. Seconded by Mr. Wakefield. Motion failed by unanimous voice vote. G. Letter re: Lease Negotiation (KMXT). Referred to Work Session. H. Letter re: Waiver of Building Permit for Temporary Camp in Bells Flats (Production Services, Inc.) Mr. Peotter moved that Production Services, Inc. be granted a waiver of a building permit for their temporary camp in Bells Flats. Seconded by Mr. Arndt. Motion failed by unanimous voice vote. Res. No. 83-39-R Authorizing An Amendment To The Material Sales Contract For Tract B-3, Bells Flats Alaska Subdivision. Mr. Murray moved to adopt Resolution No. 83-39-R. Seconded by Mr. Arndt. Mayor Herrnsteen read letters of objection from Barbara Sikora and Mary Mathes into the record. Mr. Peotter moved to amend by deleting item 5. Share. One half of the monthly rent paid to the Borouch shall be credited to the account of the Bells Flats/Russian Creek Service Area. Seconded by Mr. Arndt. Amendment failed 3-4 with Mr. Arndt, Mr. Murray and Mr. Peotter casting the YES votes. Mr. Wakefield moved to amend by changing one half in item 5. to 35%. Seconded by Mr. Anderson. Amendment carried 5-2 with Mrs. Cater and Mr. White casting the NO votes. Mr. Arndt moved to amend the amendment by changing 35% to 25% in item 5. Seconded by Mr. Murray. Amendment carried 4-3 with Mrs. Cater, Mr. Wakefield and Mr. White casting the NO votes. Main motion as amended carried 5-2 with Mrs. Cater and Mr. White casting the NO votes. I. Letter re: Patricia Kozak resignation from Mental Health Board. Mayor Herrnsteen requested the Clerk to send Patricia Kozak a certificate of appreciation and to advertise the vacancy. *** BOARD OF ADJUSTMENT Mayor Herrnsteen recessed the regular meeting and reconvened as a Board of Adjustment. A. U.H. Seixas - Plat. Mr. Seixas:(appellant) I have talked to the Assembly in a work - session and most of the things I have to say have been brought up. There have been so many "flag" lots approved by the borough and I just don't see any reason for not approving mine. Mr. Peotter moved to adopt Resolution No. 83-43-R. Seconded by Mr. Wakefield. Motion carried by unanimous roll call vote. KIB ASSEMBLY MTG. - April 7, 1983 Page 3 Resolution No. 83-43-R reverses the Planning & Zoning Commission's decision denying approval of Case S-82-031, a subdivision of Tract F, Russian Creek Alaska Subdivision, for the following reasons: 1. The proposed subdivision design is appropriate for the land involved; 2. Dedicated public access, in the form of a cul-de-sac, is not needed for the proper development of the site; and 3. No public testimony opposing the proposed subdivision was received. B. Harry Dodge - Plat. Mr. Dick Ray:(speaking for the appellant) The reasons that Mr. Dodge feels that his appeal should be granted is that essentially what is left, in this particular corridor, is sixty feet which would provide access to the back side of the remainder of Lot A-1. The appealant would ask that the Borough consider the unique character of the parcel. A road can be built up in there, it may not be a straight over the top type road, but it would follow the natural topography. Mr. Peotter moved to adopt Resolution No. 83-45-R. Seconded by Mr. Wakefield. Motion carried by unanimous roll call vote. Resolution No. 83-45-R affirms the Planning & Zoning Commission's decision denying approval of Case S-82-032, a subdivision of Tract A-1, Russian Creek Alaska Subdivision, for the following reasons: 1. The proposed subdivision design is not appropriate for the land involved; 2. The proposed access for Lot A-1B would have a road- way gradient exceeding 19 percent; and 3. The original subdivision of Tract A-1 was accomplished by the Borough as a 6 acre parcel because further subdivision was deemed to be impractical because of the steep topography present. Mayor Herrnsteen adjourned the Board of Adjustment and reconvened as the regular Borough Assembly. 01M1211714ta,110.10 0M A. Ord. No. 83-24-0 Updating Title 3 Of The Borough Code In Regard To The Land Sales Fund And Related Accounting. Mr. White moved to adopt Ordinance No. 83-24-0. Seconded by Mr. Anderson. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote on Ord. No. 83-24-0. B. Ord. No. 83-25-0 To Transfer Certain Sums Of Money For The Procurement Of Hospital Equipment. Mr. White moved to adopt Ordinance No. 83-25-0. Seconded by Mr. Wakefield. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote on Ord. No. 83-25-0. VIII OLD BUSINESS - None. IX MANAGER'S REPORT A. April Meetings 1. Tuesday, April 12, 1983 at 9:00 a.m. for trip to Karluk and Akhiok. 2. Thursday, April 14, 1983 at 7:30 p.m. in the Borough KIB ASSEMBLY MTG. - April 7, 1983 Page 4 Conference Room with Board of Equalization. 3. Saturday, April 16, 1983 at 10:00 a.m. travel to Chiniak re: proposed road design & Chiniak plan. 4. Thursday, April 21, 1963 at 9:00 a.m, trip to Old Harbor and Larsen Bay. 5. Thursday, April 21, 1983 at 7:30 p.m. a Special Meeting in the Chambers for award of bid of the Island Lake Water & Sewer project and then at 8:00 p.m. a worksession on road standards. 6. Thursday, April 28, 1983 at 7:30 p.m. in the Conference Room to review the May packet and also meet with the Hospital Board. B. Other Business 1. Request by hospital to purchase a Pitney Bowes Model 9700 Photocopier. Mr. Peotter moved that the hospital be authorized to expend $8,765.46 for a Pitney Bowes Model 9700 Photocopier. Seconded by Mr. White. Motion carried by unanimous voice vote. 2. Res. No. 83-44-R Supporting Funding For Operation And Maintenance Of The Frazer Lake Fishpass For Sockeye Salmon, Eight (8) Fishpasses On Afognak Island For Sockeye, Pink And Coho Salmon, And Investigation Of Sites For Fishpass Installation. Mr. Peotter moved to adopt Resolution No. 83-44-R. Seconded by Mr. Murray. Motion carried by unanimous voice vote. X NEW BUSINESS A. Request to Purchase Hospital Equipment. Mr. Murray moved to authorize Staff to purchase the neonatal intensive care unit from Ohio Medical Products in an amount not to exceed $8,457.00 from the hospital equipment grant. Seconded by Mr. Peotter. Motion carried by unanimous voice vote. B. OCS - Bylaws Revision. Mr. Peotter moved to amend the current Article III Section 3. to read: Each member of the Council may select one person to serve as a permanent alternate at meetings of the Council. If a member of the council is unable to attend, he shall advise the alternate who should attend and act in the place of the member. Seconded by Mr. White. Motion failed 1-6 with Mrs. Cater casting the YES vote. C. Res. No. 83-30-R Establishing Dates for BOE 1983 Original Tax Assessment Role. Mr. White moved to adopt Resolution No. 83-30-R. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. D. Res. No. 83-31-R Accounting For A Reservation Of An Amount Of Year -End Fund Balance For KIBSD. Mr. Murray moved to adopt Resolution No. 83-31-R. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. - E. Res. No. 83-32-R Opposing S.B. 154 Which Would Bring All Employees Under The PERA. Mr. Peotter moved to adopt Resolution No. 83-32-R. Seconded by Mr. Wakefield. Motion carried 6-1 with Mrs. Cater casting the NO vote. F. Res. No. 83-33-R Requesting The Assignment Of Additional State Troopers To The Borough. Mr. Peotter moved to adopt Resolution No. 83-33-R. Seconded by Mr. White. Motion carried by unanimous voice vote. G. Res. No. 83-34-R Approving The FY-84 School District Budget And KIB ASSEMBLY MTG. - April 7, 1983 Page 5 'Determining The Amount To Be Made Available From Local Sources. Mr. Peotter moved to adopt Resolution No. 83-34-R. Seconded by Mr. Anderson. Jim Olson: (Pres. of School Board) I would like to give credit w ei� re credit is due. We have a citizen's advisory board called a Budget Review Committee who has done a great deal of work on this. This budget meets several needs. The most important of which is that it will allow us to continue to provide a high quality education to the students of Kodiak. Next, it reflects the first fruits of our planning to continue quality education in a period of declining revenues. Finally, when you approve this tonight it will allow us to issue teaching contracts for the coming year in a timely manner. Motion carried by unanimous voice vote on Res. No. 83-34-R. H. Res. No. 83-35-R Awarding The High School Boiler Replacement And Locker Room Contract. Mr. Arndt moved to adopt Resolution No. 83-35-R. Seconded by Mr. Anderson. Motion carried 6-1 with Mr. Wakefield casting the NO vote. I. Res. No. 83-36-R Awarding The Borough Building Remodel Construction Contract. Mr. White moved to adopt Resolution No. 83-36-R. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. J. Res. No. 83-37-R Authorizing The Acquisition Of Construction And Maintenance Easements To Accomodate Construction Of Service District #1 Water And Sewer Improvements Project 82-3. Mr. Arndt moved to adopt Resolution No. 83-37-R. Seconded by Mr. Peotter. Motion carried by unanimous voice vote. K. Res. No. 83-38-R Authorizing Land Sale V . Mr. White moved to adopt Resolution No. 83-38-R. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. L. Res. No. 83-42-R Supporting A Senior Citizen Center. Mr. Anderson moved to adopt Resolution No. 83-42-R. Seconded by Mr. White. Motion carried by unanimous voice vote. M. Res. No. 83-40-R Adopting The Chiniak Area Plan. Mr. Peotter moved to adopt Resolution No. 83-40-R. Seconded by Mr. Wakefield. Mr. Peotter moved by substitution that the Resolution be sent back to the Planning and Zoning Commission and the Chiniak Community for review and revision. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. Main motion carried 6-1 with Mr. Anderson casting the NO vote. N. Res. No. 83-41-R Authorizing The Establishment Of A Building And Grounds Fund. Mr. Anderson moved to adopt Resolution No. 83-41-R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. 0. Ord. No. 83-26-0 Authorizing $7,400,000 Principal Amount Of General Obligation Variable Rate Demand Bonds, Series A, Of Kodiak Island Borough, Alaska And The Execution Of A Credit Agreement And A Sales Agency Agreement With Respect To The Bonds, Rescinding Ord. No. 83-4-0 Adopted Feb. 3, 1983.(lst Rdg) Mr. Peotter moved to adopt Ordinance No. 83-26-0 in the first reading. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. P. Ord. No. 83-27-0 Providing for Reduced Utility Rates For KIB ASSEMBLY MTG. - April 7, 1983 Page 6 nnnn Prop'erties'U pild Qr Senior Citizens As Tenants. (1st Rdg.) Mr. Peotter moved to adopt Ordinance No. 83-27-0 in the first reading. Seconded by Mr. Wakefield. Motion carried 6-1 with Mr. Arndt casting the NO vote. Q. Ord. No. 83-28-0 Establishing Standards For Road Improvements. (1st Rdg.) Mr. Anderson moved to adopt Ordinance No. 83-28-0 in the first reading. Seconded by Mr. Wakefield. Motion failed 1-6 with Mrs. Cater casting the YES vote. R. Ord. No. 83-29-0 To Effect Transfers Between Funds To Provide For Remodeling Of The Borough Building. (1st Rdg.) Mr. Murray moved to adopt Ordinance No. 83-29-0 in the first reading. Seconded by Mr. Peotter. Motion carried by unanimous voice vote. S. Ord. No. 83-30-0 Rezoning Properties Shown As Service/Recreation On The Official Zoning Map And Certain Other Publicly Owned Parcels Of Land. (1st Rdg.) Mr. Wakefield moved to adopt Ordinance No. 83-30-0 in the first reading. Seconded by Mr. Peotter. Mr. Peotter moved to table Ordinance No. 83-30-0. Seconded by Mrs. Cater. Motion carried 5-2 with Mr. Arndt and Mr. White casting the NO votes. T. Ord. No. 83-31-0 Rezoning Certain Lands In The Russian Creek Alaska Subdivision From C-Conservation To RR1-Rural Residential. (1st Rdg.) Mr. White moved to adopt Ordinance No. 83-31-0 in the first reading. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. U. Ord. No. 83-32-0 Rezoning A Portion Of Lot 6, Block 19, Kodiak Townsite, From R3-Multiple Family Residential To B-Business. (1st Rdg.) Mr. Peotter moved to adopt Ordinance No. 83-32-0 in the first reading. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. V. DELETED. W. Authorize A & E Contract For Karluk Bulk Fuel Grant. Mr. Peotter moved to authorize the Manager to enter into an A & E Contract with Ellerbe Associates, Inc. in an amount not to exceed $16,000 for a feasibility study and route survey. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. X. Authorize A & E Contract For Peterson And East Elementary School Education Specifications. Mr. Peotter moved to authorize the Manager to enter into an A & E Contract with ECI-Hyer for development of educational specifications for Peterson Elementary School and East Elementary School for a total cost not to exceed $13,000 plus direct expenses, i.e. travel, subsistence, telephone, printing, etc. Seconded by Mr. Murray. Motion carried by unanimous voice vote. Y. Facilities Coordinator's Status Report - March 1983 Mr. Wakefield moved to acknowledge receipt. Seconded by Mr. Anderson. Motion carried with no objection. Z. Hospital Financial Report - Jan. 1983 Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Anderson. Motion carried with no objection. KIB ASSEMBLY MTG. - April 7, 1983 Page 7 �1 aa. KIB Financial Repot -March 1983 Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Arndt. Motion carried with no objection. bb. KIBSD Report of Revenues and Expenditures - January 1983 Mr. Peotter moved to acknowledge receipt. Seconded by Mrs. Cater. Motion carried with no objection. XI MAYOR'S COMMENTS I want to commend the people working on the Youth Hostel program. XII ASSEMBLY COMMENTS Mr. Anderson: No comments. Mr. Wakefield: I will not be able to attend the Assembly's meeting with BOE. There are several problems in Port Lions re: assessing but I feel like a lot of it can be straightened out administra- tively. Mrs. Cater: I concur with Mr. Wakefield. Mr. White: No comments. Mr. Arndt: No comments. Mr. Murray: 1. I will be in Juneau on April 19, 20 & 21 so if I can do anything for the Assembly while I am there, please let me know. 2. I had an opportunity to see a demonstration of our Microfilm machine. I understand since we purchased our equipment that the Hospital has decided that their needs can be served better by a different format and system. The Hospital Board did authorize the Staff to purchase the microfiche. This concerns me for I thought everybody was going to share the equipment we purchased. Mr. Peotter: No comments. XIII AUDIENCE COMMENTS - None. XIV ADJOURNMENT Mr. Peotter moved to adjourn. Seconded by Mrs. Cater. Mayor Herrnsteen adjourned the meeting at 11:05 pm. / WFmo , , , W". ATTEST: