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1988-08-04 Regular MeetingLorne White, Presiding Ken Gregg Tom Merriman KODIAK ISLAND BOROUGH Regular Assembly Meeting August 4, 1988 A regular meeting of the Kodiak Island Borough Assembly was held August 4, 1988, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:33 p.m. (A verbatim record is on file in the Clerk's office) The Pledge of Allegiance was led by Lorne White. There were present: ROLL CALL Absent: Ann Barker (Excused) comprising a quorum of the assembly; and Alan Austerman Jack McFarland Wayne Stevens Jerome Selby, Borough Mayor Linda Freed, Community Development Director Gaye Vaughan, Borough Clerk APPROVAL OF AGENDA APPROVAL OF AGENDA AUSTERMAN, moved to approve agenda as seconded by STEVENS submitted. WITHOUT OBJECTION, SO ORDERED CONSENT AGENDA CONSENT AGENDA The items on the consent agenda were read aloud by the Borough Clerk. GREGG, moved to approve consent seconded by MCFARLAND agenda. VOTE ON MOTION MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES A. K.I.H. Assembly Regular Meeting of July 21, 1988. This item was previously approved under the "Consent Agenda." CITIZENS' COMMENTS Mayor Selby presented the Employee of the Month award to Karen EMPLOYEE OF THE McDaniel of the Facilities Department. MONTH AWARD Okey Chandler suggested Service District #1 meetings be taped and the borough clerk type the minutes. He felt the present service district minutes do not accurately reflect the actions taken by the Advisory Board. COMMITTEE REPORTS COMMITTEE REPORTS Jon Marti, Planning and Zoning Commission representative, stated he would be available to answer questions regarding the P &Z Commission. REGULAR MEETING APPROVAL OF MINUTES August 4, 1988 Page 111 CITIZENS' COMMENTS Kodiak Island Borough Regular Assembly Meeting A. Appointments to Outer Continental Shelf Advisory Council. GREGG, seconded by MERRIMAN PUBLIC HEARING VOTE ON MOTION Noes: MOTION CARRIED Unanimous moved to approve appointment of Jeff Allen, Mark Buckley, Al Burch, Duke Delgado, Kathryn Kinnear, Lt. Jim Madden, Reed Oswalt, Hank Pennington, Jeff Stephan, and Tim Ward to Outer Continental Shelf Advisory Board to serve as an ad hoc committee to advise the assembly on Lease Sale #114 (Gulf of Alaska /Cook Inlet). MOTION CARRIED Unanimous Voice Vote A. 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. MERRIMAN, moved to adopt Ordinance seconded by AUSTERMAN No. 88 -19 -0. The presiding officer called for public testimony; there being none the assembly was reconvened. Assemblyman Austerman read a letter of objection to the rezone from Carol Ambrosia of Larsen Bay. Ayes: Austerman, Gregg, McFarland, Merriman, Stevens, White B. Ordinance No. 88 -20 -0 Rezoning A Portion Of Tract C1, U.S. Survey 1682 And Lots 3 And 4, Block 1, Kadiak Alaska Subdi- vision First Addition From R- 2-- Two - Family Residential And R -3 -- Multifamily Residential To B-- Business. STEVENS, moved to adopt Ordinance seconded by MERRIMAN No. 88 -20 -0. The presiding officer called for public testimony. Gordon Gould, a resident in the area, spoke in favor of the rezone. He expressed his concern about the permitted use in a Business district for outdoor storage. He suggested in the upcoming zoning code review that the assembly look at a type of business zoning which included professional offices but did not include outdoor storage. He thought it was a logical development to rezone the area to business, and the rezoning would enhance the property values of the area. Don Lawheaa, a resident of the area, spoke in favor of the rezone. Tuck Bonney, an area resident, felt growth areas in the community should be planned. He circulated pictures of business areas in the community and pointed out that these were all viable and necessary businesses in a growing community. However, he thought these businesses did not belong next to a growing neighborhood. He said the comprehensive plan for the area was twenty years old. In approving the rezone, he thought the assembly would be setting a precedent that "spot zoning" was all right. He said the long term area residents would be the ones to pay if there was the wrong type of development. COMMITTEE REPORTS APPOINTMENTS TO OUTER CONTINENTAL SHELF ADVISORY BOARD PUBLIC HEARING ORDINANCE NO. 88 -19 -0 ORDINANCE NO. 88 -20 -0 August 4, 1988 Page 112 Kodiak Island Borough Regular Assembly Meeting Rick Harvey, a two -year resident of Woodland Acres, spoke in PUBLIC HEARING favor of the rezone. Arnold Tweeten, a business owner in the area, thought the rezone ORDINANCE would be good because that end of town was a logical place for NO. 88 -20 -0 business to develop. (continued) Mike Anderson, one of the applicants for the rezone, pointed out that the area was designated for high density residential apart- ments or a mobile home court in the current comprehensive plan. He didn't think this was the best use for the property. He presented his development plan for the area. He said his idea for this business property was to enhance the value of the land in the neighborhood. Robert Gray spoke in favor of the rezone. The presiding officer closed the public testimony and reconvened the assembly. At the request of Assemblyman McFarland, Linda Freed explained the area was zoned for high density development or mobile home courts. She said these types of development would have the same impact on a residential area as a business might. A discussion followed between Linda Freed and the assembly regarding the comprehensive plan, variances, and outdoor storage. Assemblyman Gregg acknowledged the concerns of the residents in the neighborhood regarding the zoning code rewrite and suggested the rewrite be made a priority. The assemblymembers expressed their opinions on the rezoning of this area. VOTE ON MOTION Ayes: Gregg, Merriman, Stevens, Austerman, White Noes: McFarland MOTION CARRIED 5 Ayes, 1 No The presiding officer called for a ten minute recess. The presiding officer reconvened the assembly. C. Ordinance No. 88 -21 -0 Rezoning 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. Public Hearing GREGG, moved to adopt Ordinance seconded by MCFARLAND No. 88 -21 -0. The presiding officer called for public testimony; there being none, the assembly was reconvened. Mayor Selby explained the ordinance would rezone the piece of land that the borough swapped with the city of old Harbor to allow for the construction of the Old Harbor School Addition within the setback requirements. VOTE ON MOTION Ayes: Noes: None MOTION CARRIED August 4, 1988 McFarland, Merriman, Stevens, Austerman, Gregg, White Unanimous ORDINANCE NO. 88 -21 -0 Page 113 Kodiak Island Borough Regular Assembly Meeting D. Ordinance No. 88 -22 -0 Effecting Transfers Between Capital NEW BUSINESS Projects And Land Sale Funds ORDINANCE MERRIMAN, moved to adopt Ordinance NO. 88 -22 -0 seconded by AUSTERMAN No. 88 -22 -0. The presiding officer called for public testimony; there being none, the assembly was reconvened. At the request of the presiding officer, Mayor Selby explained the ordinance would transfer money to and from the Land Sale Fund. One transfer would be from the Chiniak Road Project for $300,000 which resulted from more favorable bidding than when the money was appropriated three years ago. He said $450,000 would then be transferred from the Land Sale Fund to complete the paving of Middle Bay Drive in Woman's Bay area. VOTE ON MOTION Ayes: Noes: MOTION CARRIED MESSAGES FROM THE BOROUGH MAYOR Merriman, Stevens, Austerman, Gregg, McFarland, White None Unanimous Mayor Selby requested authorization to hire a computer programmer and programmer /analyst at step "D" of the salary scale rather than step "A." He said it was difficult to attract qualified data processing personnel to Kodiak for the salaries being offered. A discussion followed between the assemblymembers and the mayor regarding salaries for data processing personnel. STEVENS, seconded by MERRIMAN moved to allow staff to hire up to step "D" for Data Processing Positions. VOTE ON MOTION Ayes: Stevens, Merriman, White Noes: Austerman, Gregg, McFarland MOTION FAILED 3 Ayes, 3 Noes OLD BUSINESS AUSTERMAN, moved to remove from table seconded by MCFARLAND Ordinance No. 88 -15 -0. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote Assemblyman Austerman explained the ordinance had been discussed during a work session and the assembly did not feel comfortable with it. He said the assembly preferred to wait until the Building Inspector returned and more work could be done on Title 15. MESSAGES FROM MAYOR APPROVAL TO HIRE UP TO STEP "0" DATA PROCESSING POSITIONS OLD BUSINESS A. Ordinance No. 88 -15 -0 Establishing Fees For Disposal Of ORDINANCE Refuse From Construction Activities. NO. 88 -15 -0 August 4, 1988 Page 114 Kodiak Island Borough Regular Assembly Meeting AUSTERMAN, seconded by GREGG VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote moved to table Ordinance OLD BUSINESS No. 88 -15 -0 to September 1 Assembly meeting. ORDINANCE NO. 88 -15 -0 (continued) B. Ordinance No. 88 -18 -0 Amending Title 15 - Buildings and ORDINANCE Construction. NO. 88 -18 -0 AUSTERMAN, moved to remove from table seconded by MERRIMAN Ordinance No. 88 -18 -0. VOTE ON MOTION MOTION CARRIED Unanimous voice vote Assemblyman Austerman explained the ordinance was the rewrite of Title 15. He said there was a problem with the rewrite, and the assembly wanted to wait until the Building Inspector returned from vacation before making a final decision. AUSTERMAN, seconded by MERRIMAN MOTION CARRIED Unanimous voice vote NEW BUSINESS A. BID AWARDS 1. Junk Vehicle Removal Contract. GREGG, seconded by STEVENS VOTE ON MOTION MERRIMAN, seconded by GREGG VOTE ON MOTION moved to table Ordinance No. 88 -18 -0 to September 1 assembly meeting. moved to award FY'89 towing service contract to Airport Towing and Services for services in the amount specified on their bid sheet. MOTION CARRIED Unanimous voice vote 2. Bayside Fire Station Paving. BAYSIDE FIRE STATION PAVING move to award contract for paving at Bayside Fire Station to Brechan, Inc. in an amount NTE $34,284. Assemblyman Stevens questioned the mayor about paving in front of the utility building. Mayor Selby explained there was a little adjustment in the paving to allow for a better angle for backing. He said the increase in the estimate was due to the addition of drains, turn off valves, and clean out valves which were not previously identified. Ayes: Austerman, Gregg, McFarland, Merriman, Stevens, White Noes: None MOTION CARRIED Unanimous NEW BUSINESS BID AWARDS JUNK VEHICLE REMOVAL CONTRACT August 4, 1988 Page 115 Kodiak Island Borough Regular Assembly Meeting B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 88 -49 -R Accepting Emergency Medical RESOLUTION Service Grant Funds From The Southern Region EMS NO. 88 -49 -R Council. AUSTERMAN, moved to adopt Resolution seconded by MERRIMAN No. 88 -49 -R. Assemblyman Austerman explained the amount of the grant funds the borough was receiving was $32,450. VOTE ON MOTION MOTION CARRIED Unanimous voice vote 2. Resolution No. 88 -50 -R Supporting The City Of Kodiak Drug Enforcement Policy. MERRIMAN moved to adopt Resolution seconded by AUSTERMAN No. 88 -50 -R. Assemblyman Austerman read the complete resolution. Assemblyman Stevens asked if the city of Kodiak's drug enforce- ment policy included random photographing of individuals, and Assemblyman McFarland inquired about the ten points in the drug enforcement policy of the city of Kodiak. The presiding officer called for a five minute recess to obtain a copy of the city of Kodiak's drug enforcement policy which contained the ten point drug program. The presiding officer reconvened the assembly. Presiding officer White read the ten point drug program. Assemblyman Stevens briefly discussed the ten point drug program. VOTE ON MOTION Ayes: Merriman, Stevens, Austerman, Gregg, McFarland, White Noes: None MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 88 -25 -0 Rezoning Lots 39 Through 50, Block 12, Aleutian Homes Subdivision FROM R1-- Single - Family Residential TO R2-- Two - Family Residential; AND Lots 17 and 18, Block 8; Lots 1 through 6, Block 11; And Lots 7 and 35 through 38 and 51 through 59, Block 12, Aleutian Homes Subdivision FROM R -1 -- Single - Family Residential TO B -- Business. (from Thwing's old key shop to the old Harvester building site) AUSTERMAN, seconded by MERRIMAN Assemblyman Austerman said he wanted the public to be aware of the rezone because there could be quite an impact on a large section of the Mill Bay Road area. VOTE ON MOTION MOTION CARRIED August 4, 1988 moved to adopt Ordinance No. 88 -25 -0 in first reading. Unanimous voice vote RESOLUTION NO. 88 -50 -R ORDINANCES FOR INTRODUCTION ORDINANCE NO. 88 -25 -0 Page 116 Kodiak Island Borough Regular Assembly Meeting 2. Ordinance No. 88 -26 -0 Appropriating Additional Monies For Two Capital Projects For Fiscal Year 1989. STEVENS, seconded by MERRIMAN GREGG, seconded by AUSTERMAN moved to adopt Ordinance No. 88 -26 -0 in first reading. moved to amend by deleting Project 044 -291 - City Campground and have the totals reflect the change and delete "Two" in the title of the ordinance. Assemblyman Gregg explained the project estimate was 100 percent over budget and until a discussion could be held with the city council to determine the reason for the increase, he felt no change should be made. Also, he thought a final figure on the cost of the campground should be determined prior to including it in the ordinance. VOTE ON MOTION TO AMEND MOTION CARRIED Unanimous voice vote VOTE ON MOTION TO ADOPT IN FIRST READING AS AMENDED MOTION CARRIED Unanimous voice vote 3. Ordinance No. 88 -27 -0 Amending The K.I.B. Personnel Rules And Regulations By Adding Job Descriptions This item was previously approved in first reading under the "Consent Agenda." D. OTHER ITEMS 1. Authorization to Bid Equipment Purchase (Bulldozer for Landfill) MERRIMAN, seconded by GREGG moved to authorize adver- tisment for bids for bulldozer purchase. Assemblyman McFarland inquired if this would be a second bulldozer at the landfill. Mayor Selby explained the bulldozer in use at the present time had major mechanical problems and could be taken out of service at any time. He said for a short term there would be two bulldozers. Assemblyman Merriman noted that discussion during the work session revolved around a "used" bulldozer. MERRIMAN, moved to amend to add the seconded by STEVENS word "used" in the motion. Assemblyman Gregg asked the mayor if the word "used" was inserted in the motion, if it would restrict his ability to locate a bulldozer. Mayor Selby explained the availability of relatively new "used" equipment in Anchorage. VOTE ON MOTION TO AMEND MOTION CARRIED Unanimous voice vote VOTE ON MOTION TO APPROVE AS AMENDED MOTION CARRIED Unanimous voice vote ORDINANCES FOR INTRODUCTION ORDINANCE NO. 88 -26 -0 ORDINANCE NO. 88 -27 -0 OTHER ITEMS August 4, 1988 Page 117 AUTHORIZATION TO BID FOR BULLDOZER FOR LANDFILL Kodiak Island Borough Regular Assembly Meeting 2. Authorization to Bid Selief Lane Paving. MCFARLAND, seconded by MERRIMAN moved to authorize adver- tisement for bids for the paving of Selief Lane. As clarification, Assemblyman Stevens said the paving would be from the end of the city limits which was at the head of Beaver Lake to Von Scheele Way. The complete length of Selief Lane road would not be paved. Assemblyman Austerman thought there might be other possible places to spend this grant money, and he wanted more time to review the 89/90 CIP list before making a decision. He suggested tabling the bid. In response to Assemblyman Merriman's question about the time constraints if the bid award was tabled, Mayor Selby explained the paving of Selief Lane could be bid with the bike trail if it was approved. The bidding process takes about three weeks, he said, and the paving could be done in September. A discussion followed between the assemblymembers. VOTE ON MOTION Ayes: Noes: MOTION CARRIED INFORMATIONAL MATERIALS (No A. MINUTES OF OTHER MEETINGS ASSEMBLYNE[7'S COMMENTS Stevens, Gregg, McFarland, Merriman, White Austerman 5 Ayes, 1 No action required) 1. Kodiak Island Borough School District Regular Meeting of June 27 ,1988. 2. Womens Bay Community Council Comprehensive Planning Committee Meeting of June 14, 1988. 3. Outer Continental Shelf Advisory Council Regular Meeting of May 31, 1988. B. REPORTS None C. OTHER None The presiding officer called for a three minute recess. The presiding officer reconvened the assembly. CITIZENS' COMMENTS Okey Chandler spoke about a problem over water and sewer connections to a piece of property he sold in 1974. Assemblyman Merriman stated the Crimestoppers program was a vehicle which was often overlooked. He felt Crimestoppers was a very easy way for information to get to the police without great involvement and one that had proven very successful. Assemblyman Austerman seconded Assemblyman Merriman's continents about Crimestoppers. He said if the community would get behind eradicating drugs, he felt the drugs would go. Also, he said he might have voted for hiring at a step "D" if there had been more documented justification for it. NEW BUSINESS OTHER ITEMS AUTHORIZATION TO BID SELIEF LANE PAVING INFORMATIONAL MATERIALS MINUTES OF OTHER MINUTES REPORTS OTHER August 4, 1988 - Page 118 CITIZENS' COMMENTS ASSEMBLYMEN'S COMMENTS Kodiak Island Borough Regular Assembly Meeting Mayor Selby apologized for not giving the assembly more justifi- ASSEMBLYMEN'S cation for the request to hire at a step "D" and explained the COMMENTS reasons. (continued) Assemblyman Austerman requested the staff to draft a document which would identify what was considered "outdoor storage" and what the necessary screening would have to be to make this storage acceptable. He gave his ideas of acceptable screening for outdoor storage. Also, he inquired about the Chiniak Tsunami Center site preparation. Assemblyman Gregg said he would not be able to attend the next regular meeting as he would be out of town. He wished the United States Coast Guard a "Happy Birthday " He expressed his appreciation for the job the Coast Guard does on behalf of the 281 people whose lives the Coast Guard had saved in the last two years and the 14,000 residents who know these individuals. In regards to zoning, he requested the P&Z Commission to present a time line that would outline the work sessions when rezoning would be discussed, the date when the draft would be ready for public hearing, and the a date when the assembly could expect it. He said he appreciated the bind that the data processing department found itself, but he wanted more information and did not feel the assembly should take action on last minute items. He asked if the resolution that would eliminate landfill fees for trucks and cars had been drafted. Assemblyman Stevens stated there were three vacancies on the Mental Health Board which needed to be filled. He wondered if the procedure for interviewing applicants was going to be discussed at a work session. He asked Linda Freed how the enforcement of new screening requirements for outdoor storage would affect the Community Development Department. He also extended his appreciation to the Coast Guard on their 198th anniversary. Supplemental information was given to the assembly about hiring in Data Processing at a step "D" range. A question and answer session followed between the assembly and the mayor. MCFARLAND, moved to reconsider motion APPROVAL TO HIRE seconded by STEVENS to hire at step "D." UP TO STEP D DATA PROCESSING VOTE ON MOTION TO RECONSIDER POSITIONS Ayes: Merriman, Stevens, White, Austerman, Gregg, McFarland, Noes: None MOTION CARRIED Unanimous The previous motion to hire at Step "D" was then before the assembly. VOTE ON MOTION Ayes: Stevens, Austerman, Gregg, McFarland, Merriman, White Noes: None MOTION CARRIED Unanimous Assemblyman McFarland also said he supported the city of Kodiak's drug enforcement policy, but cautioned that citizens of the community would be watching the type of enforcement tactics being used. Assemblyman White commented on the outdoor screening issue and the grace period for areas that are "grandfathered." August 4, 1988 Page 119 Kodiak Island Borough Regular Assembly Meeting Linda Freed and assemblymembers discussed the screening and the definition of "junk." Assemblyman White announced the dates for the candidates for municipal office and the dates session and regular assembly meeting. ADJOORNMENT grace period for filing period for of the next work There being no further business to come before the assembly, the meeting adjourned at 10:25 p.m. ATTEST: Borough lkkk \) August 4, 1988 Page 120