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1989-07-06 Regular MeetingKIBS103894 A regular meeting of the Kodiak Island Borough Assembly was held July 6, 1989, 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 invocation was given by the Reverend Mark Houglum, St. Paul's Lutheran Church, followed by the Pledge of Allegiance. There were present: Lorne White, Presiding Ann Barker Tom Merriman Wayne Stevens comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Directo Gaye Vaughan, Borough Clerk APPROVAL OP AGENDA AUSTERMAN, moved to approve agenda as seconded by MCFARLAND submitted. MOTION CARRIED Unanimous Voice Vote CORSE= AGENDA The items on the consent agenda were read aloud by the Borough Clerk. STEVENS, moved to approve consent seconded by BARKER agenda. MOTION CARRIED Unanimous Voice tote APPROVAL OP NINUFSS A. K.I.B. Assembly Regular Meeting of June 1, 1989. B. K.I.B. Assembly Regular Meeting of June 15, 1989. This item was previously apprcetd under the "Consent Agenda." CITIZENS' cars a REPORTS ZODIAC ISLAND BOROUGH Regular Assembly Meeting July 6, 1989 Alan Austerman Jack McFarland John Parker Mary Lou Knudsen, Planning and Zoning Commission Representative, noted that she was available to answer questions. PUBLIC HEARING Ordinance No. 89 -16 -0 Rezoning Portions Of Tract A, U. 5. Survey 4872, Larsen Bay Townsite, FROM R - 1 -- Single - Family Residential TO PL-- Public Use Lard. MERRIMAN, moved to adopt Ordinance seconded by AUSTERMAN No. 89 -16 -0. The presiding officer called for public testimony; there being none, the assembly was reconvened. July 6, 1989 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF CONSENT AGENDA APPROVAL OF MINUTES CITIZENS' COMMENTS Mayor Selby presented the Employee of the Month award to Dave EMPLOYEE OF THE MONT Crowe, Borough Engineer. COMMITTEE REPORTS PUBLIC HEARING ORDINANCE NO. 89 -16 -0 Page NM Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION PUBLIC HEARING Ayes: Noes: MOTION CARRIED B. Ordinance No. 89 -17 -0 Amending Kodiak Island Borough Code ORDINANCE Section 8.20.030, Solid Waste Collection And Disposal Required. NO. 89 -17 -0 The presiding officer called for public testimony; there being none, the assembly was reconvened. STEVENS, moved to adopt Ordinance seconded by MCFARLAND No. 89 -17 -0. At Assemblyman Merriman's request, Mayor Selby explained this ordinance was introduced as a result of a problem with a contrac- tor who removed considerable amounts of debris from the Coast Guard Base and transported it to Bells Flats t0 be burnt. He said this ordinance would prevent the transportation of debris from one lot to a different lot (except for the landfill) for disposal. VOTE ON MOTION Ayes: Noes; None MOTION CARRIED Unanimous C. Ordinance No. 89 -18 -0 Ame nding Title 16, Subdivisions. AUSTEBMAN, moved to adopt Ordinance seconded by STEVENS No. 89 -18 -0. The presiding officer called for public testimony. Mary Lou Knudsen noted that the PsZ Commission had one suggestion to make to change Section 11 13-1 to read; "A statement that the preliminary plat meets all the requirements of this title or a request for a subdivision variance." Linda Freed explained how this chance would effect the filing of a subdivision preliminary plat. Emanuel Beraee, local surveyor, stated that the surveyors in Kodiak have several things which they would like to see addressed and possibly changed in Ordinance E9 -18 -0. The surveyors have not had time to write these proposals, he said, but they would have these recommendations prepared for the next meeting. The presiding officer closed the public testimony and reconvened the assembly. STEVENS, seconded by MCFARLAND VOTE ON MOTION TO SUBSTITUTE MOTION CARRIED Unanimous Voice Vote KIBS103895 Austerman, Barker, ORDINANCE McFarland, Merriman, Parker, NO. 89 -16-0 Stevens, White (continued) None Unanimous Barker, McFarland, Merriman, Parker, Stevens, Austerman, White moved to amend by substitution Ordinance No. 89 -18 -0. ORDINANCE NO. 89 -18 -0 July 6, 1989 Page f i� E . KIBS103896 Kodiak Island Borough Regular Assembly Meeting BARKER, seconded by PARKER VOTE ON MOTION TO AMEND Ayes: Noes: None MOTION CARRIED Assemblyman Stevens questioned it: :.ording in Section 19 regarding who must approve construction plans. STEVENS, seconded by MERRIMAN VOTE ON MOTION TO AMEND MOTION CARRIED VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: None VOTE ON MOTION Ayes: Noes: None MOTION CARRIED Unanimous MCFARLAND, seconded by MERRIMAN July 6 1989 moved to amend Section 11 (B -1) to read: "A statement that the preliminary plat meets all the requirements of this title or a request for a subdivision variance." McFarland, Merriman, Parker, Stevens, Austerman, Barker, White Unanimous moved to amend Section 19 (K.I.B. 16.70.010) "Municipal Clerk and /or City Engineer." Unanimous Voice Vote Merriman, Parker, Stevens, Austerman, Barker, McFarland, White MOTION CARRIED Unanimous D. Ordinance No. 89 -19-0 Amending Kodiak Island Borough Code Chapter 2.22, Borough Engineering And Chapter 2.34, Facilities Department. - STEVENS, moved to adopt Ordinance seconded by MERRIMAN No. 89 -19 -0. The presiding officer called for public testimony; there being none, the assembly was reconvened. Assemblyman Stevens explained the ordinance consolidated two separate distinct departments, Facilities and Engineering, into one combined coordinated department and reduced staff in that area. Parker, Stevens, Austerman, Barker, McFarland, Merriman, White Ordinance No. 89 -20 -0 Accepting and Adopting the Compensa- tion Study Recommended by the Personnel Advisory Board. moved to adopt Ordinance NO. 89 -20 -0. The presiding officer called for public testimony. PUBLIC HEARING ORDINANCE NO. 89 -18 -0 (continued) ORDINANCE NO. 89 -19-0 ORDINANCE NO. 89 -20-0 Page i 1 KIBS103897 Kodiak Island Borough Regular Assembly Meeting Linda Freed, Community Development Director, thanked the PUBLIC HEARING Personnel Board for their time in developing Ordinance No. 89 -20-0 and noted it was not an easy task. She expressed ORDINANCE concern over the different ranking of the Secretary III positions NO. 89 -2O-C within the borough. She felt all the Secretary III's were (continued. professionals and all had technical skills to give to the borough. She thought all Secretary III's should all be assigned to the same level. Also, she stated her displeasure with the way the organizational responsibilities were determined and noted that this variable was difficult to quantify. She said "Organizational Responsibilities" was the one variable that set the salary scale apart. She said she had difficulty with the way the scale was set because it predetermined that secretaries and clerical people would be low on the scale and department heads would be high on the scale. Since she knew money could be an issue and her position was on the high end of the salary scale, she said she would he willing to give up the increase accorded to her position and suggested the money might be used to give more appropriate equity to all the Secretary III positions. The presiding officer closed the public testimony and reconvened the assembly. Assemblyman Stevens thought Ms. Freed raised some valid points. He thought the assembly should adopt the ordinance and refer back to the Personnel Board those specific issues which Ms. Freed brought forth. He said "equal pay for equal work" was a national issue with legislation pending that, if adopted, would impact all organizations. PARKER, seconded by STEVENS MOTION CARRIED Unanimous Vcice 'JCte VOTE ON MOTION TO ADOPT AS AMENDED Assemblyman Merriman concurred with Assemblyman Stevens' comments and wanted to see the matter returned to the assembly in a timely manner. Ayes; Noes: MOTION CARRIED STEVENS, seconded by BARKER VOTE ON MOTION MERRIMAN, seconded by STEVENS moved to emend by substitution Ordinance No. 89 -20 -0. Stevens, Austerman, Barker, McFarland, Merriman, Parker, White None ' Unanimous moved to commend the Personnel Advisory Board for their work on the Employee Compensation Study. MOTION CARRIED Unanimous Voice Vote F. TRANSFER OF LIQUOR LICENSE - Buskin River Inn - FROM Buskin River Inn, Inc; Jimmy Ashford, Wayne Cherrier & William Bulen; Lots 1 & 2 Block 1400 Kodiak Airport (1395 Airport way, Kodiak) TO: Buskin River Inn, Buskin River Inn, Inc.; William H. and Sara C. Bulen. moved to voice non - objection to transfer of Buskin River Inn Liquor License. The presiding officer called for public testimony. William Bulen, Buskin River Inn owner, spoke in favor of the transfer. July 6, 1989 TRANSFER OF LIQUOR LICENSE - BUSKIN RIVER INN Page i U Kodiak Island Borough Regular Assembly Meeting The presiding officer closed the public testimony and reconvened PUBLIC HEARING the assembly. VOTE ON MOTION Ayes: Noes: VOTE ON MOTION Ayes: • None MOTION CARRIED Unanimous TRANSFER OF LIQUOR LICENSE - Rendezvous - FROM Clearwater, Inc.; TO James L. and Betty J. Fitzjearl, 935 Widgeon Circle, Kodiak, AK. MERRIMAN, moved to voice non objection seconded by AUSTERMAN to transfer of Rendezvous Liquor License. The presiding officer called for public testimony. Betty Fitz co -owner of the Rendezvous, spoke in favor of the transfer. The presiding officer closed the public testimony and reconvened the assembly. The presiding officer called for a recess. The presiding officer reconvened the assembly. OLD BUSINESS Barker, McFarland, Merriman, Parker, Stevens, Austerman, White Noes: None MOTION CARRIED Unanimous MESSAGES FROM THE BOROUGH MAYOR Mayor Selby said that official notification had been received that the Lake and Peninsula School District /Borough had withdrawn their law suit over the annexation. He also added that a suc- cessful settlement had been negotiated with Tatco /Safeco Inc. over the Selief Lane project. Mayor Selby reported on testifying at Senator Stevens' hearing on the Magnusen Act and shorebased preference. He also said that he had spent time with the mayors fres the other "oiled" communities and reported their actions. Resolution No. 89 -32 -R Authorizing The Assignment Of A Materials Sales Contract In Womens Bay. MCPARLAND, seconded by BARKER VOTE ON MOTION TO REMOVE FROM TABLE MOTION CARRIED Unanimous Voice Vote MERRIMAN, seconded by MCFARLAND July 6, 1989 KIBS103898 TRANSFER OF LIQUOR LICENSE - BUSKIN Austerman, Barker, RIVER INN McFarland, Merriman, Parker, (continued) Stevens, White moved to remove from the table Resolution No. 89 -32 -R. moved to amend by substitution Resolution No. 89 -32 -R which states the conditions of the TRANSFER OF LIQUOR LICENSE - RENDEEVOU[ MESSAGES FROM MAYOR OLD BUSINESS RESOLUTION NO. 89 -32 -R Page CI 5 Kodiak Island Borough Regular Assembly Meeting Assemblyman Merriman read the conditions. OLD BUSINESS Bud Cassidy, Resource Management Officer, reported on his visit RESOLUTION to the Aleutian Materials, Inc. site. He attested that Tracts BL NO. 89 -32 -F and B1 were in full compliance with the lease. (continued. VOTE ON MOTION TO AMEND BY SUBSTITUTION MOTION CARRIED Unanimous Voice Vote VOTE ON MOTION TO ADOPT Ayes: McFarland, Merriman, Parker, Stevens, Austerman, Barker, White Noes: None MOTION CARRIED Unanimous Service District No. 1 Water and Sewer Maintenance Contract SERVICE DISTRICT NO Award. WATER AND SEWER MAINTENANCE CONTRAC' BARKER, roved to remove from the AWARD seconded by MCFARLAND table Service District No. 1 Water and Sewer Maintenance Contract Award. VOTE ON MOTION TO REMOVE FtC :: '. k PLE MOTION CARRIED Unanimous Voice Vote VOTE ON MOTION TO AWARD Ayes: Merriman, Parker, Stevens, Austerman, Barker, McFarland, White Noes: None MOTION CARRIED Unanimous Board of Adjustment - Findings of Fact - Michael W. Anderson BOA- FINDINGS - FAC'. Appeal. MICHAEL W. ,)N APPEAL MCFARLAND, moved to adopt the following seconded by AUSTERMAN Findings of Fact: Mr. Anderson had already obtained a driveway permit from ADOT /PF for Lot 4A to access Rezanof. Lot 4B will be accessed via an easement across Tract C -1, an existing approved driveway access. Access of state highways is regulated by ADCT /PF. The borough's driveway regulations do net extend to state highways. Grading plans for location and final grade of driveways is also regulated by the state and should not be a condition of plat approval by the borough. Drainage on the lot is not significant enough to warrant the requirement of a drainage plan. AUSTERMAN, moved to amend Finding No. 4 seconded by MCFARLAND to read: Drainage on the lot appears to be insignificant and a drainage plan is not warranted. VOTE ON MOTION TO AMEND MOTION CARRIED ly 6, --- Unanimous Voice Vote KIBS1038 Page OM Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION AS AMENDED OLD BUSINESS MOTION CARRIED Unanimous Voice Vote BOA- FINDINGS OF FAC NEW BUSINESS NEW BUSINESS BID AWARDS 3I0 AWARDS 1. Main Elementary School C xterior Painting Bid Award MAIN ELEMENTARY 3C3_ AUSTERMAN, EXTERIOR PAINTING 3' coved to award Main AWARD seconded by MERRIMAN Elementary School Exterior Painting to Custom Painting in an amount NTE $28,393. VOTE ON MOTION Ayes: Noes: None MOTION CARRIED Unanimous 2. Animal Control Ser .__s Contract Award FY90 -03. STEVENS, seconded by MCFARLAND AUSTERMAN, seconded by PARKER VOTE ON MOTION TO AMEND MOTION CARRIED VOTE ON MOTION AS AMENDED Ayes Noes: MOTION CARRIED B. RESOLUTIONS VOTE ON MOTION Noes: None KIBS103900 Parker, Stevens, Austerman, Barker, McFarland, 'Merriman, ?hite moved to authorize the mayor to negotiate with Oovey's Animal Control for animal control services and further authorize the mayor to execute a contract for these services for the period of July 1, 1989 through June 30, 1992. moved to amend contract to place a clause to state the amount NTE $35,000 or the first year of the contract. Unanimous Voice Vote Stevens, .Austanaan : :ene Unanimous 1. Resolution No. 89 -44 -e Supporting The Administration In The Class Action Suit Against Exxon. MERRI.MAN, moved to adopt Resolution seconded by BARKER No. 89 -44 -R. Ayes: Austerman, Barker, McFarland, Merriman, Parker, Stevens, White A :NIMAL CONTROL SOIRV: CONTRACT A.NAPD RESOLUTIONS RESOLUTION NO. 0-44 -R MOTION CARRIED Unanimous July 6, 1989 KIBS103901 Kodiak Island Borough Regular Assembly Meeting 2. Resolution No. 89 -45 -R Placing the Question Of Consoli- NEW BUSINESS dation October 3, 1989 Ballot. MCFARLAND, moved to adopt Resolution RESOLUTIONS seconded by STEVENS No. 89 -45 -R. MCFARLAND, moved to amend Resolution RESOLUTION seconded by MERRIMAN No. 89 -45 -R to have N0. 89 -45 -R Questions read: Shall the Kodiak Island Borough and the City of Kodiak consolidate into a single government? Yes ( ) No ( ) If consolidation above passes, should the new consolidated government be: (1) a general law government; or (2) home rule (chartered) government? PARKER, moved to table Resolution No. 89 -45 -R. MOTION DIED FOR LACK OF SECOND Assemblyman McFarland explained that his amendment wouli make the question of consolidation and the type of consolidation clearer to the public. VOTE ON MOTION TO AMEND Ayes: Noes: None MOTION CARRIED Unanimous MCFARLAND, seconded by PARKER VOTE ON MOTION TO TABLE Barker, McFarland, Merriman, Parker, Stevens, Austerman, White moved to table Resolution No. 89 -45 -R to August 3, 1989 meeting. Ayes: McFarland, Merriman, Parker, Stevens, Barker, White Noes: Austerman MOTION CARRIED 6 Ayes, 1 No Resolution No. 89 -46 -R Concerning The Future Programs RESOLUTION Necessary To Be In Place By Exxon Prior to N0. 89 -46 -R January 1, 1990. MCFARLAND, moved to adopt Resolution seconded by MERRIMAN No. 89 -46 -R. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote July 6, 1989 Resolution No. 89 -47 -R Requesting The United States Guard Insure That The Clean Up Effort Continues Until The Beaches Are Clean. MCFARLAND, moved to adopt Resolution seconded by MERRIMAN No. 89 -47 -R. RESOLUTION N0. 89 -47 -R Page e P Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION NEW BUSINESS MOTION CARRIED Unanimous Voice Vote RESOLUTIONS Resolution No. 89 -48 -R Supporting The Emergency RESOLUTION Services Council's Request To Exxon To Fund An NO. 89 -48 -R Independent Lab In Kodiak. MCFARLAND, moved to adopt Resolution seconded by BARKER No. 39 -48 -R. VOTE ON MOTION MOTION CARRIED ORDINANCES FOR INTRODUCTION Unanimous Voice Vote 1. Ordinance No. 89 -21 -0 wending Kodiak Island Borough Code Section 15.32, Building Numbering. (Advance to Public Hearing on August 3, 1983) This item was previously approved in first reading under the "Consent Agenda." 1. Authorization To Combine Projects and Restoration of Road Funds. OTHER ITEMS PARKER, moved to authorize to seconded by STEVENS combine projects and bid Sharatin Road /Carroll Way road and sewer projects. Mayor Selby explained the funds to be added to this project came from the balance of state grants for water and sewer work in Service District No. 1. It was Service District No. 1 Advisory Board's preference to do some upgrading of older lines in Spruce Cape Road area and to loop the system from Woodland Areas. The suggestion was to combine the water and sewer funds and the road money into one project and bid ,s one project. VOTE ON MOTION Ayes: Merriman, Parker, Stevens, Austerman, Barker, McFarland, White ORDINANCE Noes: . None :LOTION CARRIED Unanimous 2. Buskin River Inn - Restaurant Designation Permit. RUSKIN RIVER INN - RESTAURANT DESIGNAT: This item was previously approved under the "Consent Agenda." PERMIT 3. Authorize Advertising for Bids for Junk Removal Program AUTHORIZE ADVERTISI`. Services Contract FY90. FOR BIDS - JUNK REMC PROGRAM This item was previously approved under the "Consent Agenda." INEIRNNITIONAL NATERIA''$ (No action required) INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS 1. Personnel Advisory Board Regular Meeting of May 15, 1989. K.I.B. Hospital Advisory Board Regular Meeting of April 19, 1989 and May 3, 1989. 3. K.I.B. School Board Special Meeting of June 12, 1989. 4. Service District No. 1 Board of Supervisors Regular Meeting of May 2, 1989. July 6, 1989 Page MR 9 KIBS103902 ORDINANCES FOR INTRODUCTION NO. 89 -21 -0 OTHER ITEMS AUTHORIZATION TO COMBINE PROJECTS AND BID SHARATIN ROAD /CARROLL WAY ROAD AND SEWER MINUTES OF OTHER MEETINGS Kodiak Island Borough Regular Assembly Meeting B. REPORTS 1. April and May Status Reports - Community Development C. OTHER None CITIZENS' CO!Offifls John Zbitnoff, Felton Construction, thanked the assembly for approving assignment of the Materials Sales Contract. He questioned why the conditions were placed on the resolution when the borough's Resource Manager testified that Felton Construction had come into compliance. He did not feel Felton Construction should be held responsible for future non - compliance. He requested the assembly to reconsider the conditions. Rick Egge, President of Aleutian :materials, questioned the need for Condition No. 2 in Resolution No. 89 -32 -R. He said he did not understand the need for a separate written document when the past and present contractual obligations with Felton Construction were covered under Condition No. 1, and future contractual obli- gations with Aleutian Materials, Inc. were covered in the lease. Mayor Selby explained the only purpose for a separate written document was to have a letter of acknowledgement stating the facts as they exist. These facts would be that Felton Construc- tion would be responsible for anything that happened up to the date of transfer and Aleutian Materials, Inc. would be responsible for anything thereafter. He said all the borough asked was that the two parties acknowledge in writing that they understood legally everyone's position. ASSEMBLYMEN'S cave:HaS Assemblyman Austerman inquired if the hospital building plans had been received. Mayor Selby said the additional work approval had been initiated and the plans should be completed in the near future. He said the plan was to have the plans in hand" so they could be checked before any action was initiated. Assemblyman Parker gave notice for reconsideration on Resolution No. 89 -44 -R at the next assembly meeting. Assemblyman Stevens thanked Assemblyman McFarland for his efforts with Resolutions 89 -46 -R, 89 -47 -R, and 89 -48 -R. Assemblyman McFarland thanked Hr. Freed for her comments on the compensation study and said he supported her views one hundred percent. He questioned the mayor about federal jurisdiction on waters in the Shelikof Straits as far as potential for State of Alaska jurisdiction. Mayor Selby said the borough would be moving ahead along with Aleutians East Borough and several other areas in the state to request designation of a point to point boundary definition of the state of Alaska which would place the Shelikof Straits into state waters. He commented on the Service District No. 1 bid award and thanked everyone involved for the information and suggestion on Brechan Enterprises. He said he appreciated hearing from the service district. Assemblymember Barker also thanked Ms. Freed for her presentation and noted given the assembly's response that it was not just a woman's point of view. She also thanked KMXT for their coverage on the oil meetings. She said she had been out of town and had been able to keep in touch by listening to K.+D[T. July 6, 1989 KIBS103903 INFORMATIONAL MATERIALS REPORTS OTHER CITIZENS' COMMENTS ASSEMBLYMEN'S COMMENTS caOe >w (n KIBS103904 Kodiak Island Borough Regular Assembly Meeting Presiding Officer White announced the assembly would meet in a work session with the city council on July 18 at 7:30 p.m; the assembly would meet in a work session on July 27. He said there would be no regular assembly meeting on July 20 and the next regular meeting would be on August 3 at 7:30 p.m. ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 9:21 p.m. ATTEST: July 6, 1989 Pyf iding Offficer ASSEMBLYMEN'S COMMENTS ADJOURNMENT ;dye = //