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1988-10-06 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held October 6,1988, 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 invocation was given by the Reverend Mark Houglum of St. Paul's Lutheran Church followed by the Pledge of Allegiance. There were present: ROLL CALL Ken Gregg, Presiding Ann Barker Tom Merriman Absent: Wayne Stevens (Excused) Lorne White (Excused) comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Gaye Vaughan, Borough Clerk APPROVAL OF.AGEIA APPROVAL OF AGENDA MERRIMAN, seconded by BARKER VOTE ON MOTION MOTION CARRIES) CONSENT AGENDA AUSTERMAN, - seconded by BARKER October 6, 1988 KODIAK ISLAND BOROUGH Regular Assembly Meeting October 6, 1988 KIBS103744 Alan Austerman Jack McFarland moved to postpone Board of Adjustment to October 20 Assembly Meeting and approve agenda as submitted. Unanimous Voice Vote The items on the consent agenda were read aloud by the Borough Clerk. moved to approve consent agenda. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote APPROVAL OF MINUTES A. K.I.B. Assembly Regular Meeting of September 15, 1988. This item was previously approved under the "Consent Agenda." CITIZENS' COMMENTS Mayor Selby presented the Employee of the Month award to Mary Haughie, Switchboard Operator. Dave Heuman, property owner on Russian Creek Road in the Bells Flats area, spoke about the construction of an eight -plex in his neighborhood, and his concern about the impact of this complex on the neighboring water wells. He was afraid this type of high density development might contaminate the water supply in the area. He asked the assembly to look into matter and consider rezoning the area or placing a moratorium on construction of high density type uses until a public water system could be developed. REGULAR MEETING APPROVAL CF CONSENT AGENDA APPROVAL OF MINUTES CITIZENS' COMMENTS o. :__ 149 Kodiak Island Borough Regular Assembly Meeting Construction. October 6, 1988 KIBS103745 CITIZENS' COMMENTS Barbara Monkiewicz, resident of the Bells Flats area, voiced the same concerns as Mr. Heuman. She explained that in mid -June the Department of Environmental Conservation had changed their guide- lines for interpreting their regulations and now allow more dwellings per acre. She pointed out an error made when DEC tested the water table measurement, and stated DEC had not taken into consideration local knowledge of the water table. She asked the assembly to look at the area where this construction was taking place and to notice that the sewage drain field at the rear of the buildings sloped down to a salmon steam. Jean Barber, resident of Bells Flats area, said she believed in growth and thought the property owner of the land under discus- sion should be allowed to put a business in the area. Her main concern was the water level in the area. She said she would like to see the area rezoned to prohibit extensive building until public water and sewer lines were installed. John Parker gave assemblymembers copies of an article from the borough news page entitled For Your Information." He questioned the intent of the information and wondered about the impression which the tone of this article cast. Also, he asked whether the borough was attempting to provide information or attempting to elicit complaints. He stated in either case the article was designed to elicit a response and this was his response. Scott Thompson, agreed with the previous testimony regarding the construction of an eight -plex in Bells Flats. He thought a major problem could develop with such high density in an area which does not have public water and sewer. He said he supported a moratorium on future development of this type, but he did not support shutting the present property owner down. He thought the borough should look into a plan to develop a water system in the Bells Flats area. Wayne Berry, resident of Bells Flats, did not think the project should be allowed to be completed in view of the potential problems that could occur. COMMIT= WOMB Scott Thompson, Planning and Zoning Commissioner, noted that he was available to answer questions on PsZ matters. PUBLIC BEARING A. Ordinance No. 88 -18 -0 Amending Title 15 - Buildings and ORDINANCE I NA-�18 - COMMITTEE REPCRTS PUBLIC HEARING AUSTERMAN, moved to remove from table seconded by MERRI.MAN Ordinance No. 88 -18 -0. VOTE ON MOTION MOTION CARRIED Unanimous voice vote The presiding officer called for public testimony. John Parker said he did not think the borough had to adopt the Uniform Building Code because the UBC was the only building code. He pointed out there were nine other building codas n, - __ ^ d :a;o.� • on a handout he gave the assembly. He said his point was the borough was going to adopt the Uniform Building Code because it would make building inspection enforcement easier for the city of Kodiak. He questioned which code was the most appropriate. He added that if the UBC was adopted, two additional permits would be required and, therefore, increase the cost of construction. Kodiak Island Borough Regular Assembly Meeting Scott Thompson stated his reasons for moving to the borough and reported his experiences with the former borough building inspector. He thought codes were made to be interpreted and the way the codes were interpreted was based on the personality of the individual doing the inspection. He did not feel that a borough should be as stringent about building codes as a city. He thought the borough should break the building inspection agreement with the city and hire a borough building inspector. Robin Heinrichs, member of the ad hoc committee that reviewed Title 15, stated that the recommendations made by the committee were based on the ordinance given them. The committee did not broaden the scope to address the building inspection memorandum of agreement with the city, he added. He pointed out a section in the ordinance that needed to be clarified. In response to a question from Assemblyman Merriman, Mr. Heinrichs, speaking as a builder, stated that if this ordinance were adopted, charges to his clients would increase. He felt some of the things in the Uniform Building Code were inappropriate and too stringent and listed examples. He felt building codes should be made universal to the point that similar standards could be applied to every building. He questioned the number of layers of bureaucracy required to review plans to assure public safety, and thought as a society we needed to decide what level of protection we could afford for safety. John Sullivan, city of Kodiak building official, provided background for drafting the building code memorandum of agree- ment. He said one of the primary objectives for adopting similar codes was to streamline and simplify the building code enforcement process thereby making the job of the builder easier. He addressed two specific issues in the ordinance. Mr. Sullivan responded to questions from the assembly. Scott Thompson thought property owners should not be restricted from using ungraded spruce lumber when building a home. He said the ordinance should be defeated. John Parker told the assembly about the Elks Club Youth Lodge that has been on hold for two years because the IBCO building codes had changed so many times that the architects could not keep up wit rthem. The presiding officer closed the public testimony and reconvened the assembly. The presiding officer called for a five minute recess. The presiding officer reconvened the assembly. moved to amend 15.04.050(A) by adding a sentence to read: "The following value shall be used in determining the structural adequacy of member sizes" and insert the formulas from the memorandum from John Sullivan dated september 28, 1988. Assemblymember Barker said by addin4 this sentence the building inspector would have a mechanism to certify buildings constructed with ungraded spruce lumber. BARKER, seconded by MERRIMAN KIBS103746 October 6, 1988 PUBLIC HEARING ORDINANCE NO. 88 -18 -0 (continued) 7-ae 150 KIBS10374 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED VOTE ON MOTION TO AMEND MCFARLAND, seconded by BARKER Austerman, Barker, Gregg, McFarland Merriman 4 Ayes, 1 No moved to amend Section 11 read: "The grade slope should not exceed 15 percent from the end of the down slope of the off street right -of -way to the parking area." MOTION CARRIED Unanimous voice vote Since the ad hoc committee had only addressed the ordinance as presented, Assemblyman Austerman thought the ordinance should be tabled until the assembly and staff had time to discuss its ramifications. Assemblyman Merriman echoed Assemblyman Austerman's comments and expressed concern that the borough was hastily adopting an ordinance without all questions being answered. Assemblyman McFarland added that he would like the ad hoc committee to review the UBC code and then discuss the code with the assembly. The mayor said it was his impression after the last joint work session that the city and borough had agreed to appoint a joint Building Code Board of Appeals. He said their first task would be to go through the UBC code and identify the areas that were still problematical. A discussion 4ollowed between the assemblymembers. AUSTERMAN, moved to table Ordinance seconded by MERRIMAN No. 88 -18 -0 for two months to December 1, 1988 Assembly Meeting. VOTE ON MOTION TO TABLE MOTION CARRIED Unanimous voice vote MESSAGES FROM THE BOROUGH MAYOR Mayor Selby proclaimed the month of October as "Fire Prevention Month" and encouraged all citizens to participate in the fire safety activities which were scheduled throughout the month. He also proclaimed the month of October as "Domestic Violence Awareness Month" and presented the proclamation to Letitia Raub of the Kodiak Women's Resource Center. Mayor Selby, responding to the inquiry under Citizens Comments about the :tent of the "For Your Information" item in the borough news page, reiterated the assembly's direction to strictly enforce the ordinance regarding junk collection beginning in April. These newspaper notices serve to give the public ample time to clean up their property, he said. Regarding the eight -plex being built in Bells Flats, the mayor explained the Kodiak Island Borough had relied heavily on the old DEC guidelines which had a square footage requirement involved in approving septic systems in areas where there was no public water and sewer systems. He said with the recent = ranges, the "check and balance" between the state DEC regulations and the borough code no longer existed. He explained the DEC :hanger and thought it was time for the borough to look at its and use code to see if P&Z Commission should request an ordinance se written to 1 ! allowed , under she -new DEC codes. PUBLIC HEARING ORDINANCE NO. 88 -18 -0 (continued) MESSAGES FROM MAYOR Kodiak Island Borough Regular Assembly Meeting At the mayor's request, Linda Freed gave the assembly a brief summary of her conversations with Bill Lamoreaux who is the Regional Director with the Southcentral Region office of DEC. She responded to questions from the assembly. OLD BUSINESS OLD BUSINESS None NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS 1. East Elementary School Playground EAST ELEMENTARY SCHOOL PLAYGROUND AUSTERMAN, moved to award East PROJECT seconded by MERRIMAN Elementary School Playground project to Anderson Construction in an amount NTE $76,740. Mayor Selby reminded the assembly about a discussion held earlier in a work session about the need to transfer approximately $40,000/45,000 in order to fully fund the project. VOTE ON MOTION Ayes: Austerman, Barker, Gregg, McFarland, Merriman Noes: None MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 88 -67 -R Adopting A Capital Improvement RESOLUTION Program For Fiscal Year 1990 Through 1994 And Estab- NO. 88 -67 -R lishing Capital Project Priorities. BARKER, moved to adopt Resolution seconded by AUSTERMAN No. 88 -67 -R. Assemblymember Barker read the top eight projects on the borough's capital project list. VOTE ON MOTION Ayes: Barker, Gregg, McFarland, Merriman, Austerman Noes: None MOTION CARRIED Unanimous MERRIMAN, moved to adopt Resolution sernnded by BARKER VOTE ON MOTION Ayes: McFarland, Merriman, Austerman, Barker, Gregg Noes: None MOTION CARRIED Unanimous KIBS 103748 MESSAGES FROM MAYOR 2. Resolution No. 88 -68 -R Establishing A Joint RESOLUTION City /Borough Fiscal Year Of 1990 Capital Project BD, 88 -68 -R Priority List. Cc:cher 6, 1988 ?age 13 Kodiak Island Borough Regular Assembly Meeting 3. Resolution No. 88 -69 -R Supporting Kodiak As The Site Of NEW BUSINESS The U. S. Navy Home Port. RESOLUTION AUSTERMAN, moved to adopt Resolution NO. 88 -69 -R seconded by BARKER No. 88 -69 -R. Mayor Selby read the resolution supporting Kodiak as the site of the U.S. Navy Home Port. VOTE ON MOTION Merriman, Austerman, Barker, Ayes: Gregg, McFarland Noes: MOTION CARRIED C. ORDINANCES FOR INTRODUCTION None VOTE ON MOTION Ayes Noes: B. REPORTS C. OTHER None KIBS103749 October 6, 1958 None Unanimous Assemblyman Austerman asked about the maximum reimbursable expense for each of these two positions. Mayor Selby responded to Assemblyman Austerman's question and explained the need for paying moving expenses for staffing these positions. Austerman, Barker, Gregg, McFarland, Merriman None A. MINUTES OF OTHER MEETINGS 1. K.I.B. School Board Regular Meeting of August 29, 1988; Special Meetings of September 6, and September 19, 1988. 2. K.I.B. Planning And Zoning Commission Regular Meeting of September 21, 1988. 3. Womens Bay Community Council Comprehensive Planning Committee Meeting of August 30, 1988. 1. Staff Reports - Community Development aaB 2. K.Z.B. School District Financial Report for 1988 (Final Report) and August, 1988. ORDINANCES FOR INTRODUCTION OTHER ITEMS D. OTHER ITEMS 1. Authorize Moving Expenses - Data Processing. AUTHORIZE MOVING EXPENSES FOR BARKER, moved to authorize moving DATA PROCESSING seconded by MERRIMAN expenses for two Data POSITIONS Processing personnel. MOTION CARRIED Unanimous INFOPMATIONAL MATERIALS (No action required) INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER Page ,i3 Kodiak Island Borough Regular Assembly Meeting CITIZENS' COMMENTS John Parker congratulated Assemblyman Austerman on his reelection to the assembly. He said that he felt affronted as a citizen because there was the insinuation that the people who choose to come to assembly meetings are a particular type. He also said he hoped someone would be appointed to the ad hoc committee who could answer the question as to the "possibility" of the borough's liability under various situations. Scott Thompson updated the assembly on the educational fisheries project at Katmai Creek in Ouzinkie and reported on his volunteer work with ADF&G at Upper Station on the south end of Kodiak Island. He brought up the hydroelectric project he initiated in Ouzinkie and his problems with the bureaucracy. He also expressed his desire to see Shugak Island turned into a park so the island could not be developed. ASSEMBLYMEN'S COMMENTS Assemblymember Barker expressed her disappointment with the low voter turnout in the October election. She congratulated Alan Austerman on his reelection. Assemblyman McFarland asked to have the renewal of the borough clerk's contract placed on the next agenda. Assemblyman Austerman thanked the citizens who voted in the October election and hoped he could live up to their expectations. Assemblyman Merriman said he was happy Assemblyman Austerman had been reelected. He said he was concerned about the building under constructed on Russian Creek Road in Bells Flats. He thought the problem needed to be addressed as soon as possible. Presiding Officer Gregg announced the dedication of East Elementary School on Friday, October 7, at 7:00 p.m.; the dedication of Larsen Bay and Port Lions Schools on Monday, October 10; alt assembly work session on Thursday, October 13, at 7:30 p.m.; and the next regular assembly on Thursday, October 20, at 7:30 p.m. Regarding the amendment to Ordinance No. 88 -18 -0, Presiding Officer Gregg pointed out the values for determining the structural adequacy of spruce was only for ungraded spruce lumber. He also said he was disappointed in the low voter turnout. He announced an executive session would be scheduled for the work session of October 13, 1988 to discuss renewal of the Borough Clerk's contract. ADJ0011MMENT There being no further business to come before the assembly, the meeting adjourned at 10:04 p.m. ATTEST: Borough q October 6, 1988 KIBS103750 ppeiiding Officer CITIZENS' COMMENTS ASSEMBLYMEN'S COMMENTS ADJOURNMENT ?age 154