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1988-07-07 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting July 7, 1988 A regular meeting of the Kodiak Island Borough Assembly was held July 7, 1988, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:32 p.m. (A verbatim record is on file in the Clerk's office) The Pledge of Allegiance was led by Presiding Officer Lonnie White. There were present: ROLL CALL Lorne White, Presiding Ken Gregg Tom Merriman Absent: Ann Barker (Excused) comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Gaye Vaughan, Borough Clerk APPROVAL OF AGENDA WITHOUT OBJECTION, SO ORDERED Alan Austerman Jack McFarland Wayne Stevens MERRIMAN, move to approve agenda seconded by AUSTERMAN as submitted. CONSENT AGENDA APPROVAL OF CONSENT AGENDA MERRIMAN, move to approve consent seconded by STEVENS agenda. The items on the consent agenda were read aloud by the Borough Clerk. MOTION CARRIED Unanimous Voice Vote APPROVAL OF MINUTES A. K.I.B. Assembly Regular Meeting of June 16, 1988 This item was previously approved under the "Consent Agenda." CITIZENS' COMMENTS Mayor Selby reported there was no July Employee of the Month. However, he presented a certificate of commendation to Jim Balamaci in recognition of his outstanding contribution in organizing and directing the 1988 Alaska Summer Special Olympics in Kodiak. Also, he presented a certificate of appreciation to Mary Jo Simmons for her outstanding job for the last ten years as the Alaska SLe Le Leyisiative information Officer. Fred Nass asked if he might comment on the Solid Waste Task Force Report after it was presented. Assemblyman Gregg said the report was given in writing to the assembly two weeks ago and the assembly would just be formally acknowledging its receipt. Mr. Nass requested a copy of the written report which he was given. REGULAR MEETING APPROVAL OF AGENDA APPROVAL OF MINUTES July 7, 1988 Page 98 CITIZENS' COMMENTS Kodiak Island Borough Regular Assembly Meeting coNMITTER REPORTS COMMITTEE REPORTS Assemblyman Austerman reported that he had met with the task force which was reviewing amendments to Title 15 - Buildings and Construction. He said the group had net twice and was reviewing the suggestions given by the building inspector. He said there was some indication that a recommendation from the committee would not be given until the building inspector returned in two months and had an opportunity to review their recommendations. Tom Hendel, Planning and Zoning Commission representative, stated he would be available to answer questions regarding the commission. PUBLIC HEARING PUBLIC HEARING A. Ordinance No. 88 -15 -0 Establishing Fees For Disposal Of Refuse From Construction Activities. AUSTERMAN, move to adopt Ordinance seconded by MCFARLAND No. 88 -15 -0. The presiding officer called for public testimony. Fred Nass said Kodiak Sanitation has placed a number of dumpsters in the community as a convenience to the public for which the company received no compensation. He said recently he had noticed an increase in these residential dumpsters being filled with construction -type materials rather than household waste. He said the dumpsters were not having the effect of keeping the community clean, and he saw no point in having them available for abuse. He added that if these dumpsters continue to be abused, the dumpsters would disappear. Assemblyman Gregg said the dumpsters were being used for construction type materials because of the fees at the baler and this ordinance was designed to alleviate the problem. A discussion followed between Mr. Nass and assembly members. Don Lawhead, employee at the baler, said one of the problems at the baler was construction materials which were dumped with household waste. He said sheet rock and pallets could not be baled and thought the only solution would be for the builders to bring the construction type waste to the baler where it can be sorted and dumped in the appropriate places. He said placing dumpsters at construction sites was not the answer. Okey Chandler thought most construction materials were composed of wood and suggested the borough provide a burn site. He thought a stiff penalty for throwing anything other than household waste in a dumpster would be a good idea. The presiding officer closed the public testimony and reconvened the assembly. AUSTERMAN, seconded by MERRIMAN VOTE ON MOTION TO TABLE move to table Ordinance No. 88 -15 -0 to the August 4 meeting and refer to Building Review Task Force. Ayes: McFarland, Merriman, Stevens, Austerman, White Noes: Gregg MOTION CARRIED 5 Ayes, 1 No ORDINANCE NO. 88 -15-0 July 7, 1988 Page 99 Kodiak Island Borough Regular Assembly Meeting B. Ordinance No. 88 -16 -0 Rezoning Lot 5 Through 8, Block 1, Chiniak Subdivision (Preliminary Plat Case 5 -85 -066) FROM RR2- -Rural Residential Two TO PL-- Public Use Land. MCFARLAND, move to adopt Ordinance seconded by STEVENS No. 88 -16 -0. The presiding officer called for public testimony; there being none the assembly was reconvened. Assemblyman McFarland explained this rezone would provide suitable land for the tsunami shelter and other public uses. VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous MESSAGES FROM THE BOA MAYOR MESSAGES FROM MAYOR No comments OLD BUSINESS OLD BUSINESS None NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS 1. Contract with Kodiak Auto Wrecking And Salvage. KODIAK AUTO WRECKING 6 SALVAGE AUSTERMAN, move to award contract for CONTRACT seconded by MCFARLAND clean up of dry dump to Kodiak Auto Wrecking and Salvage. Mayor Selby explained this contract was to remove the junk autos, metal, etc. from the land which was traded to Mr. Grothe as well as clear the road right of way for the end of Selief Lane. VOTE ON MOTION Merriman, Stevens, Austerman, Gregg, McFarland, White Ayes: Stevens, Austerman, Gregg, McFarland, Merriman, White Noes: None MOTION CARRIED Unanimous 2. Purchase of Utility Van for Fire Protection Area One. GREGG, seconded by MCFARLAND VOTE ON MOTION move to award contract for purchase of utility van to Sweeney Motors for Fire Protection Area N1 in an amount NTE $22,464. PUBLIC HEARING ORDINANCE NO. 88 -16 -0 PURCHASE OF UTILITY VAN FOR FIRE PROTECTION AREA ONE Ayes: Austerman, Gregg, McFarland, Merriman, Stevens, White Noes: None MOTION CARRIED Unanimous July 7, 1988 Page 100 Kodiak Island Borough Regular Assembly Meeting 3. Purchase of Direct Access Storage Device for IMB System 38. NEW BUSINESS MERRIMAN, seconded by STEVENS VOTE ON MOTION Noes: MOTION CARRIED B. RESOLUTIONS move to award purchase of Direct Access Storage Device to IBM in an amount NTE $10,640. Ayes: Gregg, McFarland, Merriman, Stevens, Austerman, White None Unanimous 1. Resolution No. 88 -43 -R Authorizing Staff To Advertise RESOLUTION For Bids For The Paving Of Sargent Creek Road, NO. 88 -43 -R Salmonberry Drive, And Middle Bay Drive, And Allocating Areawide Road Funds To The Womens Bay Service Area For Preparatory Work. MCFARLAND, - move to adopt Resolution seconded by MERRIMAN No. 88 -43 -R. Assemblyman Gregg said he could not support paving these roads considering the heavy truck traffic using them for gravel extrac- tion activities because he thought paving would be a short term solution. Wayne Berry, chairman of the Womens Bay Road Service Area, did not agree with Assemblyman Gregg about not paving these roads. He explained the thickness of the road bed, road width, etc. and said if the roads were upgraded in the way requested, the empty trucks would drive to the pits on the asphalt road and the loaded trucks would leave on the gravel road which could withstand the weight. He said an asphalt road surface was cheaper to maintain than a gravel surface. Assemblyman Austerman brought up the question of the legality of using land fund money for the paving of these roads. A discussion followed between Wayne Berry and Assemblyman Austerman regarding the upgrading of the roads. Assemblyman Merriman concurred with Mr. Berry's statements about the cost of maintaining a gravel road and thought money would be wasted if the road was not paved at the time the roadbed was upgraded. Mayor Selby said that he was unclear about the concern over the use of land sale funds for this project. He said there had been more than $450,000 in the sale of gravel from the two pits in the area and saw no problem with putting the money back into the area where the resource had been removed. He said land sale funds were routinely used to construct roads into borough subdivisions, and this area was a borough subdivision. Presiding Officer white passed the gavel to Deputy Presiding Officer Gregg in order to speak. Assemblyman White told the assembly that the gravel leases were issued over the objections of the Womens Bay community. He added that over the years keeping the roads maintained had been a burden on the service district. He referred to a letter from Felton Construction Company regarding the condition of the roads and the safety factors involved. He said the assembly had to consider whether it was proper to use general fund money which would have to go to the Womens Bay Service District to do the project. He felt since the assembly originally created the PURCHASE OF DIRECT ACCESS STORAGE DEVICE RESOLUTIONS July 7, 1988 Page 101 Kodiak Island Borough Regular Assembly Meeting problem in their desire to make gravel available at a reasonable NEW BUSINESS price, the whole community had benefited, and he supported the paving of the roads. RESOLUTION NO. 88 -43 -R Further discussion followed between the assembly members with (continued) Assemblyman Austerman stating he would feel more comfortable with an attorney's opinion on the use of the land sale funds. Mayor Selby suggested that the assembly pass the ordinance as presented so it could go out for bids. He said he would seek a legal opinion, and if for some reason the money could not be spent legally, the bids could be rejected. VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous The gavel was returned to Presiding Officer White. 2. Resolution No. 88 -44 -R To Effect Certain Budget Changes RESOLUTION In Capital Projects. NO. 88 -44 -R AUSTERMAN, move to adopt Resolution seconded by MERRIMAN No. 88 -44 -R. Assemblyman Austerman explained this resolution would move funds so the East Elementary parking lot could be paved. Assemblyman Stevens asked the mayor to clarify the total cost of the East Elementary parking lot. Mayor Selby explained the entire cost for paving the East Elementary parking lot would be $110,000. He said at the time the budget was adopted there was $80,000 in the "Undesignated Projects" fund. During discussion on the paving project, he said the decision was made to use the $80,000 in the "Undesignated Projects" fund for the paving with the balance coming from contingency funds in the school projects. VOTE ON MOTION Ayes: Noes: None MOTION CARRIED Unanimous McFarland, Merriman, Stevens, Austerman, Gregg, White Merriman, Stevens, Austerman, Gregg, McFarland, White 3. Resolution No. 88 -45 -R Declaring Certain Borough Real RESOLUTION Property Surplus For Municipal Purposes And Authorizing NO. 88 -45 -R The Exchange Of Lands For The Old Harbor School Addition. AUSTERMAN, move to adopt Resolution seconded by MCFARLAND No. 88 -45 -R. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote 4. Resolution No. 88 -46 -R Requesting The Utilization And RESOLUTION Allocation Of Local Service Roads And Trails Funds For NO. 88 -46 -R Construction Of The East Elementary Pedestrian Path. STEVENS, move to adopt Resolution seconded by AUSTERMAN No. 88 -46 -R. July 7, 1988 Page 102 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote The presiding officer called for a ten minute recess. The presiding officer reconvened the assembly. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 88 -19 -0 Rezoning Lot 1, Block 14, Tract A, U.S. Survey 4872, Larsen Bay Townsite, From R- 1-- Single - Family Residential To B -- Business. This item was previously approved in first reading under the "Consent Agenda." 2. Ordinance No. 88 -20 -0 Rezoning A Portion Of Tract C1, U.S. Survey 1682 And Lots 3 And 4, Block 1, Kadiak Alaska Subdivision First Addition From R- 2 - -Two- Family Residential And R- 3-- Multifamily Residential To B -- Business. This item was previously approved in first reading under the "Consent Agenda." 3. Ordinance No. 88 -21 -0 Rezoning Of Portions Of Lot 2, Block 1, And Lot 1, Block 2, Tract A, U.S. Survey 4793, Old Harbor Townsite, From R -1 -- Single - Family Residential To PL-- Public Use Lands. This item was previously approved in first reading under the "Consent Agenda." 4. Ordinance No. 88 -22 -0 Effecting Transfers Between Capital ORDINANCE Projects And Land Sale Funds. NO. 88 -22 -0 This item was previously approved in first reading under the "Consent Agenda." D. OTHER ITEMS 1. Solid Waste Task Force Report. MCFARLAND, acknowledge receipt of Solid seconded by STEVENS Waste Report. Assemblyman Gregg briefly summarized the findings of the Solid Waste Task Force Committee. Assemblyman Stevens acknowledged Duane Freeman, Pat Szabo, Marion Stirrup, Louie Lowenberg, Ken Gregg, and Gordon Gould who served as members on the Solid Waste Task Force. He said they devoted a tremendous amount of time and energy attending meetings twice a week. He thought a letter of acknowledgment should be written to each member of the committee. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote 2. Survey Proposals - Raspberry Islands MERRIMAN, seconded by AUSTERMAN authorize staff to contract with Ecklund Surveying for surveying work on Raspberry Island NTE $58,185. Mayor Selby explained the borough had title to 8,000 acres on Raspberry Island through municipal lands selection. In order to get clear title from the state of Alaska, he said a survey of the exterior boundaries must be done. NEW BUSINESS RESOLUTION NO. 88 -46 -R (continued) ORDINANCES FOR INTRODUCTION ORDINANCE NO. 88 -19 -0 ORDINANCE NO. 88 -20 -0 ORDINANCE NO. 88 -21 -0 OTHER ITEMS SOLID WASTE TASK FORCE REPORT July 7, 1988 Page 103 SURVEY PROPOSALS RASPBERRY ISLANDS Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION OTHER ITEMS Ayes: Noes: None MOTION CARRIED Unanimous 3. Rescind Resolution No. 84 -79 -R Designating "Smoking RESCIND Sections" In The Borough Building Per Chapter 34, RESOLUTION Section 18.35.320 Of The Alaska Statutes. NO. 84 -79 -R AUSTERMAN, seconded by MERRIMAN Stevens, Austerman, Gregg, SURVEY PROPOSALS McFarland, Merriman, White RASPBERRY ISLANDS move to rescind Resolution No. 84 -79 -R and appoint the Mayor as building manager for purpose of designating smoking areas. Presiding Officer White passed the gavel to Deputy Presiding Officer Gregg in order to speak. Assemblyman White explained that the concern of the assembly was for the assembly chambers, the assembly chambers' conference room, the downstairs conference room, and public walkways to remain non - smoking. The other areas in the building would be left to the discretion of the mayor to designate as smoking or non- smoking areas, he added. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote The gavel was returned to Presiding Officer White. INFORMATIONAL MATERIALS (No action required) INFORMATIONAL MATERIALS A. MINUTES OF OTHER MEETINGS 1. Womens Bay Comprehensive Planning Committee Meeting MINUTES OF OTHER of May 24, 1988. MEETINGS 2. Kodiak Island School Board Regular Meeting of May 23, 1988 and Special Meeting of June 20, 1988. 3. Kodiak Island Borough Hospital Advisory Board Regular Meeting of May 18, 1988 and Special Meeting of May 24, 1988. 4. K.I.B. Planning and Zoning Commission Regular Meeting of June 15, 1988. 5. Fire Protection Area No. 1 Advisory Board Minutes of May 31, 1988 B. REPORTS 1. Status Report - Community Development, Facilities C. OTHER 1. Change Orders - East Elementary School Remodel and Addition and Kodiak High School Remodel. CITIZENS' COMMENTS CITIZENS' COMMENTS Fred Nass stated he had reviewed the recommendations from the Solid Waste Task Force. He said it was obvious the committee had spent a lot of time on the report. He noted there were some recommendations for which he could see no advantage to anyone aside for causing more work. He said there had been some radical changes to the whole system in recent times which had caused grief in many areas where no grief previously existed. He offered to sit down with the assembly to discuss the report and to make recommendations which might make life easier for everyone. REPORTS OTHER July 7, 1988 Page 104 Kodiak Island Borough Regular Assembly Meeting Wayne Berry said he understood that contractors should not use the dumpsters for construction materials, however, he did not understand why residents could not place large items in dumpsters to be taken to the baler. He said it had been difficult to get the residents of Womens Bay to accept paying for the dumpster service. He thought if restrictions were placed on what items could be put in the dumpsters, the residents would throw the trash elsewhere. He said most people were not going to pay twelve dollars a month for dumpster service and still haul trash to the baler. Assemblyman Merriman explained the reasoning behind restricting the items that could be placed in dumpsters. A discussion followed between the assembly and Mr. Berry. ASSEMBLYMEN'S COMMENTS ASSEMBLYMEN'S COMMENTS Assemblyman Merriman thanked Fred Nass for his comments and said the assembly appreciated his willingness to discuss his ideas with them. He said he was looking forward to discussing these items at the next work session. Assemblyman Austerman said he had been notified that the Title 15 revision committee might conclude their meetings next week rather than in two month as he stated earlier in the meeting. Also, referring to an AML Steering Committee letter, he said there would be a meeting on July 19 -20 in Kotzebue to prepare the draft 1989 policy statement. As he would be unable to attend the meeting, he wondered if the assembly would like to send someone to the meeting. He acknowledged two letters received at the last work session from Mr. Okey Chandler. He reported that arbitration on teachers' contracts would take place in the fall when the teachers had more representation He said it was brought to his attention that there might be some cost overruns in the hospital site work and requested the mayor to look into the matter and report back to the assembly. Mayor Selby said the borough was in a contract dispute with Felton Construction at the present time and explained the problem. Assemblyman Gregg commented that he enjoyed hearing the discussion on problems with dumpsters. He thought everyone was getting a better "feel" on what the task force went through in trying to address a problem that probably did not have a solution. He also said he was looking forward to hearing Mr. Nass's comments at the work session. Assemblyman Stevens commented on the Chamber of Commerce's summer youth clean up patrol. He noted that the community -wide clean up has been successful based upon the overwhelming support of commu- nity members and the way the community looked. He felt this was a part of the community's maturing process because citizens were becoming aware of the community's appearance. He added that in the past year the chamber had spend time and energy developing education programs for the schools as well as an advertising program to raise the community's conscientious about litter. He suggested the possibility of having a dumpster for specific items such as aluminum. Assemblyman White noted there was a lot of wood in dumpsters and suggested the possibility of a wood only dumpster where one person might fill it up and another might haul it home to burn. It might be a little help toward recycling, he added. He announced that the assembly would be traveling to Larsen Bay, Port Lions, and Ouzinkie on July 12; a work session meeting would be held on July 14; and the next regular assembly meeting would be on July 21. Also, he requested the mayor to check into the rumor that 160 acres native allotment claims were being made on land the borough had obtained through municipal land selection on Shuyak Island. July 7, 1988 Page 105 CITIZENS' COMMENTS Kodiak Island Borough Regular Assembly Meeting ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 9:32 p.m. ATTEST: L Bbroug}� ekk ADJOURNMENT July 7, 1988 Page 106