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1988-09-01 Regular MeetingLorne White, Presiding Ann Barker Jack McFarland (7:40 p.m.) Wayne Stevens APPROVAL OF AG@IDA STEVENS, seconded by BARKER WITHOUT OBJECTION, SO ORDERED KODIAK ISLAND BOROUGH Regular Assembly Meeting September 1, 1988 A regular meeting of the Kodiak Island Borough Assembly was held September 1, 1988, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:36 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 comprising a quorum of the assembly; and Alan Austerman Ken Gregg Tom Merriman Jerome Selby, Borough Mayor Linda Freed, Community Development Director Gaye Vaughan, Borough Clerk moved to remove Ordinance No. 88 -28 -0 from Consent Agenda and approve agenda. The items on the consent agenda were read aloud by the Borough Clerk. GREGG, moved to approve consent seconded by STEVENS agenda. MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES A. K.I.B. Assembly Regular Meeting of August 18, 1988. This item was previously approved under the "Consent Agenda." CITIZENS' COMMENTS Mayor Selby said he was pleased to present the Employee of the Month award to his secretary, Mary Ann Weideman. Also, Mayor Selby presented a certificate of commendation to Harry Michelson in recognition of his outstanding performance and excellent representation of Kodiak Island while serving on the Team USA '88 bowling tour. Mayor Selby explained that Harry Michelson had been invited to the assembly meeting under the pretext of presenting ideas on how the assembly might assist in recognizing students' achievements. Harry Michelson responded that when special opportunities were awarded to students in Kodiak, many were unable to take advantage of them due to the cost of travel. He suggested that if money could be made available, it could be spent on travel for students to attend a special camp, symposium, or clinic. REGULAR MEETING APPROVAL OF AGENDA CONSENT AGENDA APPROVAL OF CONSENT AGENDA APPROVAL OF MINUTES September 1, 1988 Page 130 CITIZENS' COMMENTS Kodiak Island Borough Regular Assembly Meeting Tuck Bonney, referring to Ordinance No. 88 -28 -0, thought the CITIZENS' COMMENTS borough was going in the wrong direction. He said this ordinance (continued) was a quick fix to a problem. He thought there should be a long term plan for zoning in new development areas. Louie Lowenberg, a local business property owner, spoke to Ordinance No. 88 -28 -0. He said the ordinance was too broad in stating all business property had to be fenced. As an example he said to fence one piece of his property would cost more than the property was worth. He thought people would move their businesses elsewhere if the ordinance was enacted. Mark Madjic, felt the cost for fencing a piece of business property would be prohibited. He thought work needed to be done on the ordinance. Mike Anderson, Planning and Zoning Commissioner, reported the P&Z Commission had reviewed Ordinance No. 88 -28 -0 at the August 24 work session. He said the four commissioners at the work session did not endorse the ordinance and felt the passage of the ordinance could be counter productive to the operations of a significant number of existing businesses. He added the commission had requested a meeting with the assembly if the assembly intended to pursue the ordinance. Mike Anderson, speaking as a business owner, discussed the recent rezone of a piece of his property on Rezanof Drive. COMMITTEE REPORTS COMMITTEE REPORTS A. Appointment to Architectural Review Board. GREGG, seconded by MERRIMAN VOTE ON MOTION MOTION CARRIED PUBLIC HEARING moved to appoint James APPOINTMENT TO Helfinstine to the ARCHITECTURAL Architectural Review Board. REVIEW BOARD Unanimous voice vote A. 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, moved to adopt Ordinance No. seconded by GREGG 88 -25 -0. The presiding officer called for public testimony. Bill Roberts spoke in favor of the ordinance and stated this section of Mill Bay Road had been in a state of transition to business for a long time. He pointed out that traffic made this area uudeaizai,ie for residential housing. Sandy Kavanaugh, property owner in the area, related a recent experience she had over a rental property on Mill Bay Road. She felt this property would make excellent business property. Toby Cook pointed out there were a number of existing zoning infractions on Mill Bay Road at the present time. He felt the possible traffic problem resulting from a rezone would be a separate problem. He said there was a lack of locations for small businesses in Kodiak and thought the businesses that might locate on Mill Bay Road would primarily be in the support services fields. He felt rezoning would be the first step in upgrading the area. September 1, 1988 PUBLIC HEARING ORDINANCE NO. 88 -25 -0 Page 131 Kodiak Island Borough Regular Assembly Meeting Robert Gray, property owner in the area, spoke in favor of the rezone. He said the trend in the area had been to change toward business for a long time. The presiding officer closed the public testimony and reconvened the assembly. Assemblyman Austerman stated that he saw no drawbacks to the rezone. He did not think the school crossing at the intersection of Birch and Mill Bay would create a monumental problem. He mentioned that he had expected more controversy from the property owners in the area to rezoning to business. Assemblyman Gregg pointed out that it was a good time to rezone the area prior to requesting the state to turn Mill Bay Road over to the city of Kodiak. VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous MERRIMAN, moved to adopt Ordinance No. seconded by BARKER 88 -26 -0. The presiding officer called for public testimony; there being none, the assembly was reconvened. At the request of Assemblyman Stevens, Mayor Selby explained the three projects in the ordinance and also recommended an amendment to add $130,000 for the paving of Sargent Creek Road in Bells Flats MERRIMAN, seconded by MCFARLAND VOTE ON MOTION TO AMEND Ayes: Gregg, McFarland, Merriman, Stevens, Austerman, Barker, White B. Ordinance No. 88 -26 -0 Appropriating Additional Monies ORDINANCE For Capital Projects For Fiscal Year 1989. NO. 88 -26 -0 Noes: None MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT AS AMENDED moved to amend to add $40,000 for paving Selief Lane and $130,000 for paving Sargent Creek Road for a total of $312,300. Merriman, Stevens, Austerman, Barker, Gregg, McFarland, White Ayes: McFarland, Merriman, Stevens, Austerman, Barker, Gregg, White Noes: None MOTION CARRIED Unanimous C. Ordinance No. 88 -27 -0 Amending The K.I.B. Personnel ORDINANCE Rules And Regulations By Adding Job Descriptions. NO. 88 -27 -0 BARKER, moved to adopt Ordinance seconded by MCFARLAND No. 88 -27 -0. PUBLIC HEARING ORDINANCE NO. 88 -25 -0 (continued) September 1, 1988 Page 132 Kodiak Island Borough Regular Assembly Meeting The presiding officer called for public testimony; there being PUBLIC HEARING none, the assembly was reconvened. Assemblyman Austerman said the borough was becoming more deeply ORDINANCE involved in the operation of the baler, and he thought there must NO. 88 -27 -0 be a better way. He said he could foresee the formation of a (continued) borough maintenance department to maintain the baler thereby increasing the operation of the borough. He would vote against the ordinance, he added. Assemblymember Barker disagreed with Assemblyman Austerman over the need for the borough to operate the baler facility and the landfill. She said there were so many regulations with which the borough had to comply and thought a private contractor would not have the same interests in making certain the operation was run pollution free, etc. She said the garbage situation had been neglected for too long causing the current problem. Assemblyman Merriman said he was not happy about the borough becoming more involved in the garbage project, but thought until there was a good plan to get out of the it, the borough had no choice. Assemblyman Gregg noted it was the recommendation of the Solid Waste Task Force that the borough operate the landfill. VOTE ON MOTION TO ADOPT Ayes: Stevens, Barker, Gregg, McFarland, Merriman, Stevens Noes: MOTION CARRIED MESSAGES FROM TBE BOROUGH MAYOR OLD BUSINESS Austerman 6 Ayes, 1 No Mayor Selby reported on the Southwest Municipal Conference meeting that he attended in Sand Point, Alaska. MESSAGES FROM MAYOR OLD BUSINESS A. Ordinance No. 88 -15 -0 Establishing Fees For Disposal Of Refuse From Construction Activities. ORDINANCE NO. 88 -15 -0 STEVENS, moved to remove from table seconded by GREGG Ordinance No. 88 -15 -0. VOTE ON MOTION TO REMOVE FROM TABLE MOTION CARRIED Unanimous voice vote Assemblyman Stevens said the building inspector had just returned from vacation and had not had the time to address the concerns of the assembly regarding the ordinance. STEVENS, moved to table Ordinance seconded by BARKER No. 88 -15 -0. VOTE ON MOTION TO TABLE MOTION CARRIED Unanimous voice vote B. Ordinance No. 88 -18 -0 Amending Title 15 - Buildings and ORDINANCE Construction. STEVENS, moved to remove from table seconded by GREGG Ordinance No. 88 -18 -0. VOTE ON MOTION TO REMOVE FROM TABLE MOTION CARRIED Unanimous voice vote September 1, 1988 NO. 88 -18 -0 Page 133 Kodiak Island Borough Regular Assembly Meeting Assemblyman Stevens pointed out again the building inspector had OLD BUSINESS just returned from vacation and had not had an opportunity to work on the concerns expressed by the assembly regarding the ORDINANCE ordinance. NO. 88 -18 -0 (continued) STEVENS, moved to table Ordinance seconded by MERRIMAN No. 88 -18 -0. VOTE ON MOTION TO TABLE MOTION CARRIED Unanimous voice vote NEW BUSINESS A. BID AWARDS 1. Tsunami Siren Installations GREGG, seconded by MERRIMAN VOTE ON MOTION Ayes: Noes: MOTION CARRIED 2. Bells Flats Paving MERRIMAN, seconded by STEVENS VOTE ON MOTION Ayes: STEVENS, seconded by BARKER moved to award Tsunami Siren Installations to Klein Electrical Contracting in an amount NTE $11,800. Stevens, Austerman, Barker, Gregg, McFarland, Merriman, White None Unanimous moved to award Bells Flats Paving to Brechan Enterprises in an amount NTE $624,484.50. At the request of Assemblyman Austerman, Mayor Selby reviewed the total costs for the Bells Flat paving project and the sources for funding it. Austerman, Barker, Gregg, McFarland, Merriman, Stevens, White Noes: None MOTION CARRIED Unanimous 3. East Elementary School Pedestrian Path and Selief Lane/ Von Scheele Way Paving moved to award East Elementary School Pedestrian Path and Selief Lane /Von Scheele Way Paving to Brechan Enterprises in an amount NTE $494,557. Mayor Selby explained the pedestrian path would meet the existing bike trail at a point across from East Elementary School, continue along the college side of Benny Benson to Mill Bay Road, cross Mill Bay Road at the new cross walk and proceed up Von Scheele Way to the Kodiak Island Housing Authority building complex on Beaver Lake Drive and Beaver Lake Loop. He said the funds for the project would come primarily from state grants for the construction of Selief Lane and Von Scheele Way with some funds coming from local service roads and trails grants. September 1, 1988 NEW BUSINESS BID AWARDS TSUNAMI SIREN INSTALLATIONS BELLS FLATS PAVING Page 134 EAST ELEMENTARY SCHOOL PEDESTRIAN PATH s SELIEF LANE /VON SCHEELE WAY PAVING Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION Ayes: Noes: MOTION CARRIED Unanimous GREGG 4. Kodiak Emergency Heliport moved to award Emergency seconded by MERRIMAN Heliport to Anderson Construction in an amount NTE $83,680. At the request of Assemblyman Gregg, Mayor Selby explained the borough had received a very favorable bid which would cover the basic construction of the heliport. He noted there might be a request next spring for some funds for landscaping of the area. VOTE ON MOTION Ayes: Noes: MOTION CARRIED B. RESOLUTIONS None C. ORDINANCES FOR INTRODUCTION AUSTERMAN, None None Unanimous 1. Ordinance No. 88 -28 -0 Revising Section 17.21.050 of the Kodiak Island Borough Code Business District As It Relates To Outdoor Storage. moved to adopt Ordinance seconded by STEVENS No. 88 -28 -0 in first reading. Assemblyman Austerman stated the ordinance was a long way from what the assembly wanted. He felt the problem needed to be addressed. Assemblyman McFarland agreed with Assemblyman Austerman and suggested discussion of the ordinance should be put on the next joint work session agenda with the Planning and Zoning Commission. Presiding Officer White passed the gavel to Assemblyman Gregg. Assemblyman White said his main concern was the screening of junk yards. He thought the term "junk" needed to be defined. He felt the existing regulations were not being enforced and thought the assembly should send signals to the staff that .. ' "- ordinances should be enforced. no vl A discussion followed between the assemblymembers. WHITE, seconded by STEVENS September 1, 1988 Barker, Gregg, McFarland, Merriman, Stevens, Austerman, White Gregg, McFarland, Merriman, Stevens, Austerman, Barker, White moved to table Ordinance No. 88 -28 -0. BID AWARDS EAST ELEMENTARY SCHOOL PEDESTRIAN PATH S SELIEF LANE /VON SCHEELE WAY PAVING (continued) KODIAK EMERGENCY HELIPORT RESOLUTIONS ORDINANCES FOR INTRODUCTION ORDINANCE NO. 88 -28 -0 Page 135 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO TABLE MOTION CARRIED Unanimous voice vote Assemblyman Gregg passed the gavel back to Presiding Officer White. D. OTHER ITEMS 1. Authorization to bid East Elementary Playground. AUTHORIZATION TO BID EAST ELEMENTARY STEVENS, moved to authorize East PLAYGROUND seconded by GREGG Elementary Playground. Mayor Selby explained there were 495 children enrolled at East Elementary School this fall. With the addition of the new school wing and more students, there was a need for more playground space, fencing, and drainage, he stated. VOTE ON MOTION MOTION CARRIED Unanimous voice vote 2. Authorize $3,400 to Chamber of Commerce for Boston Fish AUTHORIZE $3,400 Exposition. TO CHAMBER OF COMMERCE - BOSTON GREGG, moved to award $3,400 to FISH EXPO seconded by BARKER Chamber of Commerce for Boston Fish Exposition. Assemblyman Stevens abstained from voting since he is the Director of the Chamber of Commerce. Mayor Selby said the request had been for $6,800 which was split between the city of Kodiak and the borough to have representatives of Chamber of Commerce participate in the Boston Fish Exposition. He said the Chamber's attendance at the Seattle Fish Exposition last year was a factor contributing to the successful Kodiak Fish Exposition this past spring. He felt there was a need to educate the residents of the east coast about Alaska to clear up several misconceptions. VOTE ON MOTION MOTION CARRIED Unanimous voice vote INFORMATIONAL MATERIALS (NO action required) A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER 1. K.I.B. Planning and Zoning Commission Regular Meetings MEETINGS of July 20, 1988 and August 17, 1988. 2. Kodiak Island Borough Hospital Board Regular Meeting of July 20, 1988. 3. Womens Bay Community Council Comprehensive Planning Committee Meeting of August 16, 1988. B. REPORTS 1. P&Z Commission Report on Lakeside Subdivision Rezoning. C. OTHER CITIZENS' COMMENTS CITIZENS' COMMENTS Wayne Berry, member of the Womens Bay Service District Board, thought residential and business areas should be defined. He stated the residents were not concerned about storage on land were the owner lived. The presiding officer interrupted Mr. Berry by stating the Clerk had advised him there was an appeal pending on the subject of crab pot storage in the Womens Bay area. He said the assembly should not listen to testimony prior to hearing the appeal. September 1, 1988 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 88 -28 -0 (continued) OTHER ITEMS INFORMATIONAL MATERIALS REPORTS OTHER Page 136 Kodiak Island Borough Regular Assembly Meeting ASSEMBLYMEN'S COMMENTS ASSEMBLYMEN'S COMMENTS Assemblyman Merriman related an incident that was told to him about borough employees attempting to lay a culvert in the Island Lake Park. He said he looked into the situation and would like an explanation about what was happening. Mayor Selby said the project was part of the parks development program. He said that he had heard about the culvert and explained the situation. He said it would have cost as much to do the paperwork to bid a small job like this as it cost to do the project. Assemblyman Merriman disagreed with the mayor and felt it would have been cheaper to have qualified people do the work. Assemblyman Austerman further expounded on the culvert and the project at Island Lake Park. He, also, reported on the Southwest Alaska Municipal Conference meeting in Sand Point and the achievements of that community regarding the fishing industry. He thought the assembly needed to take a more aggressive stance in pursuing fishing support industries. He noted that Anchorage was also pursuing the fishing industry. He said Kodiak was strategically located and should be the shipping hub for the state of Alaska. He thanked the individuals who testified on the outdoor storage issue and said it was an issue that needed to be addressed. He stated that he would be out of town until September 18. Assemblyman Gregg pointed out that two borough service districts had contracts with low bidder contractors for road maintenance. He suggested these contractors be used on jobs that were too small to go out for bid. He felt Ordinance No. 88 -28 -0 should have been defeated since tabling it put an undue burden on individuals concerned about it. He said the assembly's intent was clear, and the ordinance should be rewritten. Also, he thought it was time to build the new school in the Monashka Bay area since both Main and East Elementary schools were filled to capacity. Assemblyman Stevens said he heard over the radio about some creative staffing and utilization of existing school structures by using double shifting of teachers and year round segmented school terms. He wondered if the school board had looked into alternatives to building a new school. He also spoke about the SWAMC meeting and regional concerns. Assemblyman McFarland supported Assemblyman Gregg's analyses of the outdoor screening problem. He reviewed the points brought up by Ginny Chitwood at the Consolidation Committee Meeting on Monday. Assemblymember Barker added her personal best wishes and congratulations to Harry Michelson. She said Mr. Michelson was not only a fine representative on the Olympics for Kodiak, but also a fine individual and role model for children. Assemblyman White stated he had mixed feelings on the tabling of the outdoor storage ordinance. He thought by tabling the ordinance, it would be kept in front of the assembly. He felt a substitute ordinance was needed to address the concerns of the assembly. He said he wanted to meet with the Planning and Zoning Commission next week to discussion this ordinance along with other matters. Assemblyman Austerman wondered if it might be possible to have a joint meeting with the city of Unalaska to discuss fishing issues and to prevent conflicts or misunderstandings. September 1, 1988 Page 137 Kodiak Island Borough Regular Assembly Meeting ADJOURNMENT ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 9:36 p.m. ATTEST: • Borough '\Q1 rk iding Officer September 1, 1988 Page 138