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1988-12-01 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held December 1, 1988, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:34 p.m. (A verbatim record is on file in the Clerk's office) The invocation was given by Father Leo Desso, St. Mary's Catholic Church, followed by the Pledge of Allegiance. There were present: ROLL CALL Lorne White, Presiding Ann Barker Tom Merriman Wayne Stevens comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Gaye Vaughan, Borough Clerk APPROVAL OP AGENDA AUSTERMAN, moved to approve agenda as seconded by MCFARLAND submitted. VOTE ON MOTION MOTION CARRIED CONSENT AGENDA December 1, 1988 KODIAK ISLAND BOROUGH Regular Assembly Meeting December 1, 1988 Alan Austerman Jack McFarland John Parker Unanimous Voice Vote The items on the consent agenda were read aloud by the Borough Clerk. STEVENS, moved to approve consent seconded by MCFARLAND agenda. Ordinance No. 88 -34-0 was removed from the consent agenda at the request of Assemblyman Austerman. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote APPROVAL OP MINUTES A. K.I.B. Assembly Regular Meeting of November 3, 1988. This item was previously approved under the "Consent Agenda." CITIZENS' CCIVIENTS Mayor Selby presented the Employee of the Month award to Carol Bauder of the Finance Department. Also, Mayor Selby presented Certificates of Appreciation to Gordon Gould and Martha Randolph for outstanding service to the residents of Service District No. 1 while serving on Service District No. l's Board of Supervisors. Ole Harder, property owner in the Bell's Flat area, voiced objection to the borough selling land to private individuals when a fish stream flowed through that property. He also thought if usage limitations were placed on property purchased from the borough after the fact that he would like to reserve the right to do something about it. HIBS 103765 REGULAR MEETING APPROVAL OF AGENDA APPROVAL OF CONSENT AGENDA APPROVAL OF MINUTES CITIZENS' COMMENTS Page 169 KIBS103766 Kodiak Island Borough Regular Assembly Meeting CONNITTBS IMPORTS Assemblymember Barker, Hospital Advisory Board representative, reported that Corleen Hogg and Kate Fitzgerald, two employees of the K.I.B. Hospital, had developed a quality insurance manual for use in small hospitals. She said the manual had received nation -wide attention through the Lutheran Homes Society which manages our local hospital. The manual was written to increase the quality of care that patients receive when they enter the hospital, and she wanted to recognize these two individuals. Tom Hendel, PSZ Commission representative, commented that the PSZ Commission representatives were concerned about the water quality in the Bells Flats area and Ordinance No. 88 -33 -0 was just a stop gap measure. He said the commission felt that one of the major problems in the area was the perception of the density of land utilization rather than the quality of water. Also, he noted there were four seats open on the Planning and Zoning Commission and urged anyone interested in serving on the commission to apply at the Borough Clerk's office. PUBLIC BEARING PUBLIC HEARING A. Ordinance No. 88 -30 -0 Amending Kodiak Island Borough ORDINANCE Code 3.20.088, Tax Due Dates And Delinquency. NO. 88 -30 -0 MERRIMAN, moved to adopt Ordinance seconded by MCFARLAND No. 88 -30 -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 ordinance clarified that taxes were due when billed in July and were delinquent unless paid by the dates stipulated. VOTE ON MOTION Ayes: Noes: None Austerman, Barker, McFarland, Merriman, Parker, Stevens, White MOTION CARRIED Unanimous B. Ordinance No. 88 -31 -0 Amending K.I.B. Code 3.20.080, Exempting ORDINANCE From Taxation, The Possessory Or Leasehold Interests In NO. 88 -31 -0 Low - Income Housing. MCFARLAND, moved to adopt Ordinance seconded by MERRIMAN No. 88 -31 -0. The presiding officer called for public testimony; there being none, the assembly was reconvened. Mayor Selby explained the ordinance was written as a result of the attorney general's ruling that private interest in low- income housing units and Mutual Help Homeownership Opportunity Program properties were taxable beginning on January 1, 1989. He explained at the time this housing was constructed, the Alaska State Building Authority had entered into an agreement with the Kodiak Island Borough that the borough would accept payment in lieu of tax. He added this ordinance would apply only to those low- income housing units in existence prior to January 1, 1989. VOTE ON MOTION Ayes: Noes: Barker, McFarland, Merriman, Parker, Stevens, Austerman, White None MOTION CARRIED Unanimous December 1, 1988 COMMITTEE REPORTS Paae l'0 Kodiak Island Borough Regular Assembly Meeting C. Ordinance No. 88 -33 -0 Restricting Permitted Land Uses In Areas Not Served By Public Sewer And Water Systems. PUBLIC HEARING STEVENS, moved to adopt Ordinance seconded by BARKER No. 88 -33 -0. The presiding officer called for public testimony. Barbara Monkiewicz, a resident of Bells Flats, thought the 85 acre business district in the Bells Flats area should be rezoned. She suggested several changes to the ordinance. John Finley reported on his conversation with a civil engineer in the Mat -Su Borough where a similar situation exists over DEC's interruptions of regulations. He said he also held discussions with employees of the Department of Environmental-Conservation who felt there would be problems with pollution in the long term as a result of these interruptions. He explained the drawings he made on a plat of the Bells Flats area. He stated his desire was to stop further high density development in the area. Assemblymember Barker took issue with a statement made by Mr. Finley regarding the motives of the borough staff. Laurie Madsen called from Bell's Flats and thought the two year time period for this exception should be deleted from the ordinance. She thought there was a question of density to be considered and wanted to see the Womens Bay Community to remain rural in nature. Karen Yashin spoke in favor of the ordinance and concurred with Mrs. Madsen's statements. Dan Larsen, builder of the eight plex in Bell's Flats, countered several of the statements made by Mr. Finley regarding wells and septic systems on lots adjoining his property. He also cited several illegal septic systems in the area. He said his liveli- hood was derived from construction and owning apartments and that he does everything possible to meet state and borough standards. He added that people purchased property in this area because it was zoned "business" and thought these individuals would like to develop the land without restrictions on it. Bob Shuttlesworth, a local builder, said he would be against this ordinance if he owned land in the Bell's Flat area that he wished to develop. He did not think this was a solution to the problem. Royal Large spoke in opposition to the ordinance because it was antidensity and antidevelopment. Dave Heuman spoke in favor of the ordinance. Dan Millard, Borough Engineering Department, noted the concern about the environment demonstrated by the public. He stated that DEC would be holding public hearings around the state during the middle of December on waste water regulations. He felt there was a need for our community to provide input into these regulations, and encouraged interested persons to express their concerns at a teleconference to be held on December 20 at 5:30 p.m. at the Legislative Information Office. Linda Freed responded to questions from Assemblymember Barker. John Finley stated no one reviewed the impact from development on one lot to adjoining lots. He felt the borough was going to have to start doing this review. He refuted Mr. Larson's allocations about water pollution in the Bell's Flats area. He asked the borough to focus on water testing and requested that the testing be done honestly. December 1, 1988 KIBS103767 Page 171 ORDINANCE NO. 88 -33 -0 Kodiak Island Borough Regular Assembly Meeting Assemblyman Merriman questioned Mr. Finley about septic systems on lots in the Bell's Flats area. Karen Yashin pointed out that in the beginning DEC regulations did not allow this type of construction in the Bell's Flat area so property owners did not have to be concerned about high density development. The concern had arisen since DEC changed their interruptions of the regulations, she added. Dan Millard pointed out that DEC had the responsibility for monitoring the wells for pollution and there was no DEC inspector for Kodiak at the present time. Mike Anderson thought a lot of emotion was involved over this issue. He said DEC had stringent regulations governing waste water disposal and felt they had qualified people to interrupt these regulations. He also thought Kodiak needed a DEC inspector. Tom Hendel, P&Z Commission representative, reminded the assembly that the commission's intent when recommending this ordinance was as temporary measure for the Bell's Flats area. He pointed out that with the deletion of the reference to Russian Creek, the ordinance now applied to the entire borough. The presiding officer closed the public testimony and reconvened the assembly. BARKER, seconded by AUSTERMAN The rate of waste water disposal for permitted structures and uses shall be determined by the standards set forth in "Design Manual. On -Site Waste Water Treatment and Disposal Systems," United States Environmental Protection Agency (October, 1980), unless the landowner clearly establishes otherwise VOTE ON MOTION TO AMEND Ayes: Noes: one move to amend Ordinance No. 88 -33 -0 to add in Section 2, the following paragraph per borough attorney's memorandum: McFarland, Merriman, Parker, Stevens, Austerman, Barker, White MOTION CARRIED Unanimous Assemblyman Austerman said he was concerned with the health and safety of the residents in the Bell's Flats area, but thought the assembly had to look at the facts as presented rather than become emotionally involved. Several Assemblymembers gave the reasons as to why they were going to vote for or against this ordinance. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Stevens, Barker, McFarland, White Noes: Merriman, Parker, Austerman MOTION CARRIED 4 Ayes, 3 Noes The presiding officer called for a five minute recess. The presiding officer reconvened the assembly December 1, 1988 KIBS 103768 PUBLIC HEARING ORDINANCE N0. 88 -33 -0 (continued) Page 172 Kodiak Island Borough Regular Assembly Meetiny MESSAGES FROM TUB BOROUGH MAYOR Mayor Selby reported the successful completion of the Chiniak Road Project, the Selief /Von Scheele roads paving with the associated bike path, and the Middle Bay Drive paving. He said the installation of the tsunami sirens were completed on the road system. He reported on an article from the "Government of the Northwest Organization" publication noting that through Kodiak Island Borough Management's efficiency that taxpayers had realized a savings amounting to $910,800. He commented this saving was attributable to management efficiency, plus a borough government that was working well. He thought the borough assembly and borough staff should also take credit for these savings. Mayor Selby mentioned the Boundary Commission's public hearing on annexation scheduled for Friday evening at 7 :00 p.m. in the assembly chambers. He proceeded to explain the effects of this annexation on the Kodiak Island Borough. OLD BUSINESS A. Ordinance No. 88 -18 -0 Amending Title 15 - Buildings and ORDINANCE Construction BARKER moved to remove from table seconded by STEVENS Ordinance No. 88 -18 -0. VOTE ON MOTION TO REMOVE FROM TABLE MOTION CARRIED Unanimous Voice Vote The Presiding Officer noted that the motion to adopt was now before the assembly. Assemblyman Stevens brought up several points which were made during a work session. In particular, he noted that sections of the code were written to apply to the broadest cross section of the building industry. Some of these board interpretations would not be reasonable or applicable to the Kodiak Island building industry, he said. He asked the mayor to explain how this code could be adopted while still recognizing that certain sections of the 1988 UBC may not be in the best interests of the building industry in Kodiak. Mayor Selby suggested that if after adopting the ordinance, certain sectiene were found not to be applicable in Kodiak, the ordinance could be amended. Assemblyman Merriman thought the assembly might have good intentions to make amendments to the ordinance as the need arose, but said there was no format in place to insure it being done. VOTE ON MOTION TO ADOPT Ayes: Parker, Stevens, Barker, McFarland, White Noes: MOTION CARRIED NEM BUSS= A. BID AWARDS Austerman, Merriman 5 Ayes, 2 Noes 1. Landfill Materials Procurement, Authorization to Solicit Bids. BARKER, seconded by STEVENS December 1, 1988 KIBS103769 moved to authorize solicitation of bids for landfill materials. MESSAGES FROM MAYOR OLD BUSINESS NO. 88 -18 -0 BID A.... _ _ AUTHCP[.r: C. . SOLIC :T LANDFILL '.0 '.._E PROCU3c._•: Page : "3 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION BID AWARDS MOTION CARRIED Unanimous Voice Vote B. RESOLUTIONS RESOLUTIONS STEVENS, seconded by BARKER VOTE ON MOTION TO ADOPT MOTION CARRIED Unanimous Voice Vote Noes: 1. Resolution No. 88 -74 -R Authorizing Staff To Negotiate A RESOLUTION Lease With The City Of Port Lions For A Portion Of The N0. 88 -74 -R Port Lions School Reserve, Block 16, Port Lions Alaska Subdivision First Addition. 2. Resolution No. 88 -75 -R Authorizing Staff To Effect RESOLUTION Certain Line Item And /Or Project Level Changes In The NO. 88 -75 -R FY1988 Budget. AUSTERMAN, moved to adopt Resolution seconded by MCFARLAND No. 88 -75 -R. Assemblyman Austerman requested a break down on the expenses that caused the request for additional funds for park development. Mayor Selby explained these overruns by referring to a four page handout taken from the monthly financial report which was given to the assembly at the beginning of the meeting VOTE ON MOTION TO ADOPT Ayes: Stevens, Barker, McFarland, Merriman, Parker, White C. ORDINANCES FOR INTRODUCTION BARKER, seconded by STEVENS moved to adopt Resolution No. 88 -74 -R. Austerman MOTION CARRIED 6 Ayes, 1 No 3. Resolution No. 88 -76 -R Authorizing Participation In The RESOLUTION Rural Development Assistance (RDA) Grant Program For A NO. 88 -76 -R Water And Sewer Feasibility Study In Womens Bay. This item was previously approved the "Consent Agenda." 4. Resolution No. 88 -77 -R Authorizing Participation In The RESOLUTION Rural Development Assistance (RDA) Grant Program For A NO. 88 -77 -R Water And Sewer Feasibility Study In Monashka Bay. This item was previously approved under the "Consent Agenda." 1. Ordinance No. 88 -34 -0 Amending The Personnel Rules And Regulations By Adding A Job Description, And Updating ORDINANCE Schedule II And Various Job Descriptions. NO. 88 -34 -0 moved to adopt Ordinance No. 88 -34-0 in first reading. Assemblyman Austerman explained his reasons for requesting the ordinance be removed from the consent agenda. He felt that several of the amendments to position descriptions would upgrade those positions as far as education required. He questioned whether the borough needed to raise the level of qualifications of the individuals for these positions in view of the difficulty the borough was having filling positions. ORDINANCES FOR INTRODUCTION KII354(Y3770 December 1, 1988 Page 174 Kodiak Island Borough Regular Assembly Meeting Assemblyman Parker felt the Facilities Coordinator's position description would be limited if the minimum qualifications were changed to require a five -year Bachelor of Architecture degree. He said the consensus of opinion from several individuals with whom he discussed this matter was that a mechanical engineer would come closer to filling the position. PARKER, seconded by AUSTERMAN moved to amend the position description of the Facilities Coordinator's position to read: FACILITIES COORDINATOR Change the minimum qualifications to: "A four -year Bachelor of Architecture, Bachelor of Mechanical Engineering, or Bachelor of Civil Engineering degree or the equivalent from an accredited college or university, which includes courses in engineering, architecture, construction management and planning. Five years of progressively responsible professional experience is required. Registration as a professional architect or engineer in the state of Alaska is desirable." A discussion followed between the assemblymembers about this position. VOTE ON MOTION TO AMEND MOTION CARRIED Unanimous Voice Vote VOTE ON MOTION TO ADOPT AS AMENDED MOTION CARRIED Unanimous Voice Vote D. OTHER ITEMS 1. Authorization to hire a Clinician 3 above Step A. STEVENS, seconded by BARKER moved to authorize hiring Clinician 3 above Step A. Mayor Selby explained there was a demand for clinical psychologists because of an expanding nation -wide emphasis on mental health services and the relatively small supply of psychologists. He said the salary had to be increased to bring qualified people to Kodiak. He pointed out that Medicaid and Medicare were requiring a PhD on staff in order to reimburse clinics for delivering services. VOTE ON MOTION Ayes: Barker, Merriman, Parker, Stevens, White Noes: Austerman, McFarland A. MINUTES OF OTHER MEETINGS 1. Womens Bay Community Council Comprehensive Planning Committee (CPC) Meeting of October 11, 1988. 2. _K.I.B. Planning And Zoning Commission Regular Meeting of November 16, 1988. 3. K.I.H. School District Regular Meeting of October 24, 1988 and Special Meetings of November 7, 1988 and November 21, 1988. KIBS103771 December 1, 1988 Page 175 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 38 -34 -0 OTHER ITEMS AUTHORIZATION TO HIRE CLINICIAN 3 ABOVE STEP A. MOTION CARRIED 5 Ayes, 2 Noes INFORMATIONAL MATERIALS (No action required) INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS Kodiak Island Borough Regular Assembly Meeting B. REPORTS INFORMATIONAL MATERIALS 1. K.I.B. Financial Report for October, 1988. 2. K.I.B. School District Financial Report for REPORTS September, 1988 C. OTHER OTHER None CITIZENS' COMMENTS CITIZENS' COMMENTS None ASSEMBLYMEN'S canon ASSEMBLYMEN'S COMMENTS Presiding Officer White announced the next work session would be on December 8, 1988 at 7:30 p.m. and the next regular assembly meeting would be on December 15, 1988 at 7:30 p.m. He also reminded the audience of the K.I.B. annexation petition public hearing on Friday, December 2, 1988 at 7:00 p.m. Assemblyman McFarland commented on the AML Conference that he attended in Fairbanks. He said the individuals who were able to attend this meeting did a beautiful job for Kodiak. He felt they gained rapport with other individuals from all over the state who had similar interests as Kodiak. Assemblyman Stevens reiterated Dan Millard's comments about the Department of Environmental Conservation's scheduled tele- conference on the proposed water and waste water regulations changes for December 20, 1988 at 5:30 p.m. at the Legislative Information Office on Lower Mill Bay Road. He encouraged citizens to participate in this teleconference. Also, he noted another issue that surfaced this evening was the need for water sampling of the wells at the eight -plex in Bell's Flats. He inquired whether a procedure had been developed to conduct this sampling. Mayor Selby responded that DEC had placed some test mechanisms on the system, and they would be taking the samples and doing the lab work. The borough had requested copies of the test results in order to monitor the system, he said. A discussion about the monitoring of the test results followed between the mayor and the assembly. Assemblyman Parker asked the mayor to prepare a proclamation recognizing three Kodiak men who were prisoners of war during WWII so the proclamation could be presented to these men at the VFW lodge on December 3. Assemblyman Austerman asked the mayor to write a letter to DEC requesting they take an active part in testing the system at the eight -plex in Bell's Flats. Also, he asked that the assembly discuss the possible rezoning of the lots in Bell's Flats to stop further high density development or to initiate a water and sewer service district in Women's Bay area at the next work session. Assemblyman Merriman thought the creation of a DEC position in the Kodiak area to inspect water and sewer systems would alleviate many of the concerns expressed. Assemblymember Barker explained that she voted for the hold on water and sewer in the Bell's Flats area for a two -year period because no one had ever taken a look at the area. She felt it was early enough so the assembly had time to look at the situation before preceding head long into a water and sewer project. KIBS103772 December 1, 1988 Page 176 Kodiak Island Borough Regular Assembly Meeting ADJOURNMENT There being nb further business to come before the assembly, the meeting adjourned at 10:12 p.m. ATTEST: Borough December 1, 1988 Presiding Officer KIBS103773 ADJOURNMENT Page 177