1992-07-02 Regular MeetingKODIAK ISLAND BOROUGH
Regular Assembly Meeting
July 2, 1992
A regular meeting of the Kodiak Island Borough
Assembly was held July 2, 1992 in the Assembly
Chambers of the Kodiak Island Borough Building, 710
Mill Bay Road. The meeting was called to order at
7:30 p.m.
Deputy Presiding Officer Stevens led the Pledge of
Allegiance.
There were present:
Gary Stevens, Presiding
Betty Fitzjearl
Suzanne Hancock
Mary Monroe
absent:
Jack McFarland
comprising a quorum of
Gordon Gould
Mike Milligan
the Assembly; and
Jerome Selby, Borough Mayor
Donna Smith, Borough Clerk
Judi Nielsen, Borough Deputy Clerk
Assemblymember McFarland was out of town and asked to
be excused.
MILLIGAN,
seconded by MONROE
VOTE ON MOTION
MOTION CARRIED
APPROVAL OF AGENDA AND
FITZJEARL,
seconded by MILLIGAN
VOTE ON MOTION
MOTION CARRIED
Regular Assembly Meeting
July 2, 1992
moved to excuse
Assemblymember
McFarland.
Unanimous voice vote
CONSENT AGENDA
moved to approve
agenda as submitted,
remove item 12.C.2.
Ordinance No. 92 -12
from the consent
agenda, and approve
remainder of consent
agenda.
Unanimous voice vote
KIBS104777
REGULAR MEETING
ROLL CALL
APPROVAL OF
AGENDA AND
CONSENT AGENDA
Volume Xv
Page 185
APPROVAL OF MINUTES APPROVAL OF
MINUTES
A. KIB Assembly Meetings of February 6, May 7 and
21, 1992.
KIB Assembly meeting minutes of February 6, May 7 and
21, 1992 were approved under "Consent Agenda ".
AWARDS AND PRESENTATIONS
A. Employee of the Month
Mayor Jerome Selby presented the Employee of the
Month award to Dan Millard, construction
inspector /engineer in the Engineering /Facilities
Department.
CITIZEN COMMENTS
A. Agenda Items Not Scheduled For Public Hearing
Robin Heinrichs reviewed points he presented at a
previous meeting regarding Ordinance No. 92 -11 and
saw none of the points addressed. He understood the
City building inspector was concerned that
enforcement would be difficult because the City and
Borough were not adopting the same code.
Mayor Selby commented on three proposed amendments
and agreed that none addressed the issues raised by
Mr. Heinrichs. He reported that the joint building
committee and building officials recommended adoption
of the uniform code as presented to ensure conformity
with the City's building codes. He said that by
early fall, staff would review and recommend changes
to address issues raised.
Mr. Heinrichs was asked to be available when
Ordinance No. 92 -11 was discussed.
Jon Aspgren, speaking as a Planning & Zoning
Commissioner, building code reviewer, IBCO inspector,
and local contractor, supported adoption of Ordinance
No. 92 -11. He pointed out that each change was not
for an individual but for the good of the community
in that the UBC refers to the discretion of the
building official. He said the 1991 code was
different from the 1988 code in the fact that it was
fine tuned in some areas concerning health and safety
issues.
Regular Assembly Meeting
July 2, 1992
KIBS104778
AWARDS AND
PRESENTATIONS
EMPLOYEE OF THE
MONTH
CITIZEN COMMENTS
Volume XV
Page 186
Scott Arndt felt Ordinance No. 92 -07 did not
adequately address driveway access and corner
clearances. He explained that Service District No. 1
was in a transition period from rural to urban and
recommended leaving the driveway access at 25'. He
was available to answer questions of the Assembly.
B. Items Other Than Those Appearing on the Agenda
None.
COMMITTEE REPORTS
Robin Heinrichs, Planning and Zoning Commissioner,
invited comments from the Assembly on items of
concern to present to the Commission.
PUBLIC HEARING
None.
MESSAGES FROM THE BOROUGH MAYOR
Mayor Selby informed the Assembly that Governor
Hickel had signed the operating budget but not the
capital budget. He anticipated the Governor would
not veto the $61,000 per unit for the school
district.
He received notification from the State that
Raspberry Island was patented as clear title to the
Borough.
He was advised that the reapportionment plan approved
by the supreme court and opposed by the Borough was
entering the next argument before the Department of
Justice.
He announced that Jeff Stephan met the June 30th
deadline for submission of discussion on the IFQ
issue and comments on the environmental impact
statement. He informed the Assembly that
Commissioner Rosier was willing to meet with the
governor to request that the IFQ plan be sent back
until the submitted conservation techniques were
analyzed and compared to the IFQ package.
Mayor Selby met with the Exxon Valdez Trustees and
was informed that 450 requests for FY93 funding were
estimated to exceed 2 billion dollars. He heard
positive comments about Kodiak restoration committee
accomplishments.
Regular Assembly Meeting
July 2, 1992
KIBS104779
COMMITTEE
REPORTS
PUBLIC HEARING
MESSAGES FROM
THE MAYOR
Volume XV
Page 187
Mayor Selby announced a joint Borough Assembly /City
Council work session with Don Kubley, Borough /City
lobbyist, on July 6, 1992.
OLD BUSINESS OLD BUSINESS
A. Ordinance No. 92 -07 Amending Kodiak Island ORDINANCE
Borough Code 17.57 (Off- Street Parking) to NO. 92 -07
Include Provisions Similar to Those Contained
Within the Americans With Disabilities Act (ADA)
and to Require Corner Clearance for Driveway
Access.
Presented was Ordinance No. 92 -07 which, if adopted,
amended Chapter 17.57 of the Kodiak Island Borough
Code to define corner clearance for driveway access
and provide for handicapped parking as required by
the ADA.
The motion to adopt Ordinance No. 92 -07 was before
the Assembly.
Linda Freed, Community Development Department
Director, was asked what the consequences would be if
there were 35' corner clearances. She explained that
the figures used in the ordinance were consistent
with State Department of Transportation standards and
made Borough and State roads compatible. She said
the measurement in the State standards were very
explicit whereas, in the Borough code, it was not.
She added that State roads had State driveway permits
and, therefore, the only change was to Borough roads
and City streets.
Dan Millard, Engineering /Facilities Department
construction inspector, was asked to address the
rational for changes. He responded that it was to
eliminate confusion and conflict between State and
Borough standards, which could differ from one side
of the block to the other. He explained that the
goal was to utilize State standards to allow for
continuity. He pointed out that different angles of
an intersection caused different interruptions. He
remarked that the change allowed time for a driver
backing out of a driveway to react to traffic. He
indicated that the controlling datum was that roads
ta d-rd-
have road shoulders and equate to State standards,
and that distances do not necessarily change when
applied, but in some cases can. He noted that safe
access to the road was evaluated during driveway
review. He pointed out there were non - regulated
traffic areas within the Borough because of no police
powers.
Regular Assembly Meeting
July 2, 1992
KIBS104780
Volume XV
Page 188
GOULD,
seconded by MILLIGAN
VOTE ON MOTION TO AMEND
Ayes:
MOTION CARRIED Unanimous
Regular Assembly Meeting
July 2, 1992
moved to amend
Ordinance No. 92 -07
changing 35' to 30'
distance on page 2 of 4
of Section 17.57.070.
Fitzjearl, Gould,
Hancock, Milligan,
Monroe, Stevens
Noes: None
Absent: McFarland
MOTION CARRIED Unanimous
VOTE ON MOTION AS AMENDED
Ayes: Gould, Hancock,
Milligan, Monroe,
Fitzjearl, Stevens
Noes: None
Absent: McFarland
B. Ordinance No. 92 -11 Adopting the 1991 Uniform ORDINANCE
Building Code, the 1991 Uniform Code for the
Abatement of Dangerous Buildings, the 1991 NO. 92 -11
Uniform Sign Code, the 1991 Uniform Housing
Code, and Amending Kodiak Island Borough Code
Title 15.
Presented for consideration was Ordinance No. 92 -11
which, if adopted, amended Kodiak Island Borough Code
Title 15 and established the parameters of a single
building inspection program.
The motion to adopt Ordinance No. 92 -11 and the
amendment to the motion to amend Section 3 of
Ordinance No. 92 -11 by adding as an exception the
thirteen exceptions in A.S. 08.18.161 was before the
Assembly.
A s semb l ymem
------ ••--- ,...�...,,_,. Fitzjeari noted that in his June 30,
1992 letter, Len Kimball, City building official,
recommended postponing the ordinance until it was
introduced to the City.
KIBS104781
Volume XV
Page 189
Mr. Kimball informed the Assembly that the ordinance
would be presented to the City Council next week, and
he felt it was not necessary to postpone adoption.
He said the Joint Building Code Review Committee
recommended deleting local contract ordinances and
follow State statutes as the State has staff to
regulate contract licensing.
It was Assemblymember Gould's opinion that additional
work on the ordinance was needed so that an analysis
of the comments provided by Mr. Heinrichs could be
done.
VOTE ON MOTION TO AMEND
Ayes: None
Noes: Hancock, Milligan,
Monroe, Fitzjearl,
Gould, Stevens
Absent:
MOTION CARRIED
MONROE,
seconded by GOULD
VOTE ON MOTION TO AMEND
Ayes:
1'l'1GJL'HKL,
seconded by GOULD
KIBS104782
Regular Assembly Meeting
July 2, 1992
McFarland
Unanimous
Noes: None
Absent: McFarland
MOTION CARRIED Unanimous
moved to amend by
repealing Section
15.04.04 and reenacting
the thirteen exceptions
in AS 08.18.161 in a
new Section numbered 10
instead of Section 3 in
Ordinance No. 92 -11.
Milligan, Monroe,
Fitzjearl, Gould,
Hancock, Stevens
moved t- amend
moved L-v
Ordinance No. 92 -11 by
substituting "1988"
with the word "adopted"
in Section 15.24.015.
Volume XV
Page 190
VOTE ON MOTION TO AMEND
Ayes:
Noes:
Absent:
MOTION CARRIED
VOTE ON MOTION AS AMENDED
Ayes:
Noes:
Absent:
MOTION CARRIED
NEW BUSINESS
Regular Assembly Meeting
July 2, 1992
Monroe, Fitzjearl,
Gould, Hancock,
Milligan, Stevens
None
McFarland
Unanimous
Fitzjearl, Gould,
Hancock, Milligan,
Monroe, Stevens
None
McFarland
Unanimous
NEW BUSINESS
A. BID AWARDS
BID AWARDS
1. Contract No. 92 -30 FY93 Bayview Road
Service District Road Maintenance Snow CONTRACT
NO. 92 -30
Removal and Sanding, Road Construction and
Repairs.
Two bids were received and opened April 28, 1992.
This was a cost plus contract; therefore, no dollar
amount was specified.
The contract was awarded to A -K Construction of
Kodiak, Alaska, under "Consent Agenda ".
2. Contract No. 92 -31 Kodiak Island Borough CONTRACT
Building and Kodiak Island Borough School NO. 92 -31
District Business Office Painting Project.
Bids were received and opened June 16, 1992 with
Custom Painting & Drywall, Inc., of Kodiak, Alaska,
as the low bidder.
The contract was awarded to Custom Painting & Drywall
of Kodiak, Alaska in an amount NTE $32,465, under
"Consent Agenda ".
KIBS104783
Volume XV
Page 191
B. RESOLUTIONS RESOLUTIONS
All resolutions and ordinances presented at this
meeting were introduced by title only and copies made
available to the public.
1. Resolution No. 92 -26 Authorizing the Lease RESOLUTION
of a Portion of Lot 9, U.S. Survey 2539 for NO. 92 -26
a Rifle Range.
Presented for consideration was Resolution No. 92 -26
which, if adopted, authorized leasing the Salonie
Creek rifle range to the Kodiak Island Sportsmen's
Association.
MONROE,
seconded by GOULD
MONROE,
seconded by HANCOCK
Noes:
Absent:
MOTION CARRIED
Regular Assembly Meeting
July 2, 1992
moved to adopt
Resolution No. 92 -26.
moved to postpone
Resolution No. 92 -26
and refer to the
Planning and Zoning
Commission as per KIBC
18.20.030(A).
Mayor Selby explained that large land lease issues
were reviewed by the Planning and Zoning Commission.
He noted that review from the Parks Board was
received, and he felt it wise to allow more time for
additional input.
Assemblymember Fitzjearl discussed liability with the
Mayor.
VOTE ON MOTION TO POSTPONE
Ayes: Gould, Hancock,
Milligan, Monroe,
Fitzjearl, Stevens
None
McFarland
Unanimous
KIBS104784
Volume XV
Page 192
2. Resolution No. 92 -27 Authorizing a Lease of RESOLUTION
the Chiniak Library Building to the Chiniak NO. 92 -27
Public Library Association.
Presented for consideration was Resolution No. 92 -27
which, if adopted, authorized the leasing the former
Chiniak school building to the Chiniak Public Library
Association for a library site.
Resolution No. 92 -27 was adopted under "Consent
Agenda ".
3. Resolution No. 92 -28 Establishing Unit RESOLUTION
Prices for Material Sales Contracts.
NO. 92 -28
Presented for consideration was Resolution No. 92 -28
which, if adopted, established a royalty rate of
$.85 /cubic yard on material extracted and processed
at four Borough gravel extraction lease sites.
Resolution No. 92 -28 was adopted under "Consent
Agenda ".
4. Resolution No. 92 -29 Requesting RESOLUTION
Reclassification of the Chiniak Highway to NO. 92 -29
a Category II State Highway and
Reinstatement of the Second Maintenance
Position for the Chiniak Highway.
Presented for consideration was Resolution No. 92 -29
which, if adopted, requested reclassification of the
Chiniak Highway to more accurately reflect its actual
usage and to reinstate a second maintenance position
to assure proper maintenance of the highway.
FITZJEARL, moved to adopt
seconded by MONROE Resolution No. 92 -29.
Assemblymember Milligan thanked Cliff Stone for his
efforts in keeping the public informed on the issue.
Mayor Selby noted that the newspaper story reporting
that the State Department of Transportation was
unaware that federal monies were spent constructing
the Chiniak Highway where inacurate as the roadway
was built with federal funds.
Regular Assembly Meeting
July 2, 1992
KIBS104785
Volume XV
Page 193
VOTE ON MOTION
Ayes:
Hancock, Milligan,
Monroe, Fitzjearl,
Gould, Stevens
Noes: None
Absent: McFarland
MOTION CARRIED Unanimous
C. ORDINANCES FOR INTRODUCTION
ORDINANCES
INTRODUCTION
1. Ordinance No. 91 -081 Amending Ordinance No. ORDINANCE
91 -08 FY92 Budget to Accept a Grant from NO. 91 -08I
the State of Alaska in the Amount of $6,950
for Printing Two Hundred (200) Additional
Copies of the Kodiak Island Borough Coastal
Sensitivity Analysis.
Presented in first reading was Ordinance No. 91 -08I
which, if adopted, accepted grant funds from the
State of Alaska for Kodiak Marketing and Consulting
to print 200 copies of the Kodiak Island Borough
Coastal Sensitivity Analysis.
Ordinance No. 91 -08I was advanced to public hearing
on August 6, 1992 under "Consent Agenda ".
2. Ordinance No. 92 -12 Repealing Certain Fees ORDINANCE
to be Charged for Borough Services and NO. 92 -12
Authorizing the Amount of Such Fees to be
Established by Resolution.
Presented in first reading was Ordinance No. 92 -12
which, if adopted, brought conformity to the Borough
Code by setting all fees by resolution.
GOULD,
seconded by HANCOCK
moved to advance
Ordinance No. 92 -12 to
public hearing on
August 6, 1992.
VOTE ON MOTION
Ayes: Monroe, Gould, Hancock,
Stevens
Noes: Milligan, Fitzjearl
Absent: McFarland
MOTION CARRIED 4 Ayes, 2 Noes
Regular Assembly Meeting KIBS104786 Volume xv
July 2, 1992 Page 194
D. OTHER ITEMS
OTHER ITEMS
1. Planning & Zoning Commissioner Resignation. RESIGNATION
Planning & Zoning Commissioner Tom Hendel submitted a
letter of resignation.
The Assembly thanked Mr. Hendel for serving on the
Commission.
GOULD,
seconded by MILLIGAN
moved to accept the
resignation of Tom
Hendel from the
Planning & Zoning
Commission and to
advertise the vacant
seat per Borough code.
VOTE ON MOTION
MOTION CARRIED Unanimous voice vote
2. Contract No. 92 -28 Banking Services for the
Kodiak Island Borough. CONTRACT
NO. 92 -28
Three proposals for banking services were received
and analysis indicated that the National Bank of
Alaska proposal was the best proposal for the Kodiak
Island Borough.
MONROE,
seconded by GOULD
Ayes:
Noes•
None
Absent: McFarland
MOTION CARRIED Unanimous
Regular Assembly Meeting
July 2, 1992
moved to award Contract
No. 92 -28 Banking
Services for the Kodiak
Island Borough to the
National Bank of
Alaska.
Jim Brenner, National Bank of Alaska Kodiak Branch
Manager, hoped the relationship with the Borough
would continue and appreciated Borough business.
VOTE ON MOTION
Monroe, Fitzjearl,
Gould, Hancock,
Milligan, Stevens
KIBS104787
Volume XV
Page 195
3. Appointment to Mental Health Center
Advisory Board.
The vacant seat was advertised on four separate
occasions and one application was received.
HANCOCK,
seconded by FITZJEARL
moved to appoint
Ronald Woitel to the
Mental Health Center
Advisory Board
VOTE ON MOTION
MOTION CARRIED Unanimous voice vote
4. Service Area No. 2 Board of Supervisors.
KIBC 4.30.060 states the Board shall consist of five
members appointed by the Assembly. The vacant seats
were advertised on four separate occasions and four
applications were received.
GOULD,
seconded by MONROE
FITZJEARL,
seconded by MILLIGAN
moved to appoint
Alice M. MacDonough,
Richard H. Holzshu, and
Reed E. Oswalt to the
Service Area No. 2
Board of Supervisors
for terms to be
determined at the first
regular meeting of the
board - -two for three -
years terms, one for a
two -year term, and one
for a one -year term and
readvertise the vacant
seat per Borough code.
moved to amend to also
appoint Mark White to a
vacant seat.
Discussion ensued regarding Mr. White's residence
status.
Clerk Smith informed the Assembly that Mr. White was
a registered voter in act v1Cc Area No. 2 and was,
therefore, eligible for appointment to the Board.
Regular Assembly Meeting
July 2, 1992
KIBS104788
APPOINTMENT Tr
MENTAL HEALTE
CENTER ADVISO±._
BOARD
SERVICE AREA
NO. 2 BOARD
Volume XV
Page 196
VOTE ON MOTION TO AMEND
Ayes: Fitzjearl, Milligan,
Stevens
Noes: Gould, Hancock, Monroe
Absent: McFarland
MOTION FAILED 3 Ayes, 3 Noes
VOTE ON MOTION
Ayes:
Noes: None
Absent: McFarland
MOTION CARRIED Unanimous
5. Vacation and Replat of a Ten (10) Foot
Pedestrian Walkway Easement on Lot 4, Block REPLATON AND
1,
Addi Subdivision,
tion, Relocatingthe Walkway 2 From the
PASAGSHAK
Southeast Side to the Northwest Side of the
Lot. (41553 Bayside Drive).
At their meeting on June 17, 1992 the Planning &
Zoning Commission preliminarily approved the vacation
and replat.
MONROE,
seconded by FITZJEARL
Regular Assembly Meeting
July 2, 1992
Gould, Hancock,
Milligan, Monroe,
Fitzjearl, Stevens
moved to approve the
vacation and replat of
a ten foot pedestrian
walkway easement on Lot
4, Block 1, Pasagshak
River Subdivision, 2nd
Addition, relocating
the walkway from the
southeast side to the
northwest side of the
lot and adopt Planning
& Zoning Commission
Findings -nc -F
KIBS104789
Volume XV
Page 197
VOTE ON MOTION
Ayes:
Hancock, Milligan,
Monroe, Fitzjearl,
Gould, Stevens
Noes: None
Absent: McFarland
MOTION CARRIED Unanimous
6. Vacation of a Two (2) Foot Portion of a VACATION
Platted Utility Easement Along the Side Lot WOODLAND ACRES
Line of a Residential Lot to Eliminate an
Encroachment by the Main Structure, Located
on Lot 13, Block 8, Woodland Acres
Subdivision, 5th Addition. (438 Teal Way).
At their meeting of June 17, 1992, the Planning &
Zoning Commission preliminarily approved the
vacation.
FITZJEARL,
seconded by GOULD
VOTE ON MOTION
Ayes:
Regular Assembly Meeting
July 2, 1992
moved to approve the
vacation of a two foot
portion of a platted
utility easement along
the side lot line of a
residential lot to
eliminate an
encroachment by the
main structure located
on Lot 13, Block 8,
Woodland Acres
Subdivision 5th
Addition and adopt
Planning & Zoning
Commission Findings -
of -Fact.
Milligan, Monroe,
Fitzjearl, Gould,
Hancock, Stevens
Noes: None
Absent: McFarland
MOTION CARRIED Unanimous
KIBS104790
Volume XV
Page 198
7. Consultation and Training Agreements for
Mental Health Center Services with the City
of Kodiak and the Kodiak Island Borough
School District.
The annual agreements. for Mental Health Center
services for FY 93 were negotiated and staff
recommended approval of the agreements.
This item was approved under "Consent Agenda ".
8. FY93 and FY94 Junk Removal Program Bid
Solicitations.
This was a request by staff for authorization to
solicit bids for the FY93 and FY94 Junk Removal
Program Service Contract.
This item was approved under "Consent Agenda"
INFORMATIONAL MATERIALS (No action required)
A. MINUTES OF OTHER MEETINGS
1. KIBSD Board Special Meeting of June 1,
1992.
2. Airport Advisory Committee Meeting of April
13, 1992.
3. Planning and Zoning Commission Meeting of
May 20, 1992.
4. Service District No. 1 Board Meeting of May
5, 1992.
5. Kodiak Island Hospital Advisory Board
Meetings of March 25, April 22, May 13 and
27, 1992.
6. Fire Protection District No. 1 (Bayside)
Board Meetings of January 21, February 25,
and June 23, 1992.
B. REPORTS
1. KIB May 1992 Financial Report.
2. KIBSD April and May 1992 Financial Reports.
3. Community Development Department May 1992
Status Report.
..
OTHER
None
CITIZEN COMMENTS
None.
Regular Assembly Meeting
July 2, 1992
KIBS104791
KIBSD /MENTAL
HEALTH CENTER
SERVICES
JUNK REMOVAL
PROGRAM BID
INFORMATIONAL
MATERIALS
MINUTES OF OTHER
MEETINGS
REPORTS
OTHER
CITIZEN COMMENTS
Volume XV
Page 199
ASSEMBLYMEMBER COMMENTS
FITZJEARL,
seconded by GOULD
VOTE ON MOTION
moved to approve
a summer meeting
schedule and not meet
on July 16th and August
20th, 1992.
MOTION CARRIED Unanimous voice vote
Assemblymember Milligan appreciated living in Alaska.
Deputy Presiding Officer Stevens announced the
Assembly would meet in work session on Monday, July
6th at noon in the borough conference room, work
session on July 30th at 7:30 p.m. in the borough
conference room and regular meeting on August 6th at
7:30 p.m. in the assembly chambers.
There being no further business to come before the
Assembly, the meeting was adjourned at 8:55 p.m.
ATTEST:
C IE)
rough Clerk
Regular Assembly Meeting
July 2, 1992
KIBS104792
ding( Officer
1\ 2
ASSEMBLYMEMBEP
COMMENTS
MEETING SCHEDULE
ADJOURNMENT
Volume XV
Page 200