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1995-10-19 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting October 19, 1995 A regular meeting of the Kodiak Island Borough Assembly was held October 19, 1995 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. The invocation was given by Andre Einan of the Kodiak Bible Chapel, followed by the Pledge of Allegiance. There were present: Mary Monroe, Presiding John Burt Robin Heinrichs Jack McFarland Mike Milligan Gary Stevens absent: Suzanne Hancock comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC, Clerk Assemblymember Hancock was out on vacation and asked to be excused. MILLIGAN, moved to excuse seconded by HEINRICHS Assemblymember Hancock. VOTE ON MOTION TO EXCUSE MOTION CARRIED Unanimous voice vote APPROVAL 08 AGENDA HEINRICHS, moved to approve seconded by MILLIGAN the agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES A. K.I.B. Assembly Meetings of September 7, September 21, and October 5, 1995. Regular Assembly Meeting October 19, 1995 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Volume XX P.ge 223 McFARLAND, seconded by STEVENS VOTE ON MOTION TO APPROVE MOTION CARRIED AWARDS AND PRESENTATIONS A. Student of the Month moved to approve the minutes of September 7, September 21 and October 5, 1995. Mayor Jerome Selby presented the Student of the Month Award to Katie Heinrichs, a senior at Kodiak High School. B. Proclamation Unanimous voice vote Mayor Selby proclaimed October 21, 1995 Kiwanis Worldwide Service Day for Iodine Deficiency Disorder, urging all citizens to support the Kiwanis campaign to eliminate iodine deficiency disorders through a world health program. John Croto, Kiwanis Club of Kodiak representative, accepted the proclamation. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing None. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS Jeff Knauf, Planning and Zoning Commissioner, reported that discussion at the Commission meeting was centered on the rocket launch facility. He said a motion to approve the conditional- use - permit (CUP) passed, but he filed a reconsideration the next day. He strongly supported the facility but recognized there was community interest in that questions were raised as to possible hazards and environmental issues. He noted the CUP for the facility would allow the structural facilities and associated operations. He knew of a number of residents who wanted an environmental assessment and a Division of Government Coordination assessment prior to a Commission decision. He reiterated he strongly supported the facility and strongly supported the community. Regular Assembly Meeting October 19, 1995 AWARDS AND PRESENTATIONS STUDENT OF THE MONTH KIWANIS WORLDWIDE SERVICE DAY FOR IODINE DEFICIENCY DISORDER CITIZENS' COMMENTS COMMITTEE REPORTS Volume XX Page 224 In response to Assemblymember Heinrich's questions about an area -wide comprehensive plan, Commissioner Knauf reported the Commission was reviewing the plan in terms of all other plans, although it currently had not been brought up for discussion but would be soon. PUBLIC HEARING All ordinances and resolutions presented at this meeting were introduced by title only and copies made available to the public. A. Ordinance No. 95 -14 Amending Title 13 Utilities ORDINANCE to Amend Chapter 13.01 General Regulations NO. 95 -14 Section 13.01.190 Construction standards and to Amend Title 16 Subdivisions to Add to Chapter 16.70 Improvements Required a Section 16.70.050 Construction standards. Presented for consideration was Ordinance No. 95 -14 that, if adopted, amended Title 13 and Title 16 so that all Kodiak Island Borough improvements, other than roads, would be constructed in accordance with the latest edition of the city of Kodiak's Standard Construction Specifications. STEVENS, moved to adopt seconded by MILLIGAN Ordinance No. 95 -14. Mayor Selby explained this ordinance would reflect the most recently adopted city of Kodiak water and sewer construction codes. Presiding Officer Monroe called for public testimony. Dale Soughers wanted enclosed dumpster sites provided because many times dumpsters were set in the street. Presiding Officer Monroe closed the public hearing and reconvened the regular meeting. Assemblymember McFarland suggested to Mayor Selby that the dumpster plan of a few years ago needed to be reviewed and updated. VOTE ON MOTION TO ADOPT Ayes: Burt, Heinrichs, McFarland, Milligan, Stevens, Monroe Noes: None Regular Assembly Meeting October 19, 1995 PUBLIC HEARING Volume XX Page 225 Absent: Hancock MOTION CARRIED Unanimous 2. Ordinance No. 95 -15 Amending Title 8 Health ORDINANCE and Safety by Amending Chapter 8.20 Solid NO. 95 -15 Waste Collection and Disposal Section 8.20.030 Solid waste collection and disposal required and adding Section 8.20.055 Vacancy and by amending Section 8.20.065 Service requests, billing and collection. Presented for consideration was Ordinance No. 95 -15 that, if adopted, amended section 8.20.030 to add a minimum monthly commercial rate, to add section 8.20.055 Vacancy Account Status allowing property owners or occupants of a premise to request a vacancy billing status during periods when the premise is not occupied and amending section 8.20.065 Billing to be synonymous with the residential water and sewer billing cycle. MILLIGAN, moved to adopt seconded by HEINRICHS Ordinance No. 95 -15. Mayor Selby said the ordinance addressed the need to bring businesses not currently participating in the solid waste program into compliance and to establish a vacancy rate for service not used for an extended period of time. Presiding Officer Monroe opened the public hearing. hale Soughers explained he did not have a dumpster because of the power pole lines. He noted that while a dumpster could be placed in the street, it would block fire lanes. He tried curbside service but was limited to a certain weight so instead, he hauls trash to the landfill. He theorized that before a fee was implemented, it should be determined what would be achieved. He thought it would be worthwhile for Kodiak Sanitation to send a representative to contact those people not participating in the program. He suggested an amendment that eliminated fees for those who transported solid waste to the landfill. He explained that most of the trash from his business was recyclable materials such as glass and cardboard. Andy Lundquist thought the proposed $20 fee was low. His average bill was $300 -400 per month, even though half of the trash was not generated by his business but by other businesses without dumpsters. He Regular Assembly Meeting October 19, 1995 Volume XX Page 226 commended staff for language in the ordinance so all businesses would share the costs of dumpster service equitably. Presiding Officer Monroe closed the public hearing and reconvened the regular meeting. MILLIGAN, moved to amend seconded by BURT Ordinance No. 95 -15 in Section 8.20.030 to add after the sentence: "Any licensed business operating within the Kodiak Island Borough not utilizing the solid waste collection and disposal services as defined in this chapter shall be billed and obligated to pay a minimum monthly rate in the current fee schedule as set by resolution or an appropriate charge comparable to similar businesses. ", the sentence: "When multiple businesses utilize one dumpster, each business will share the cost of the dumpster accordingly." Assemblymember Milligan congratulated Mr. Soughers in that most of his trash was recyclable. He explained that the intent of his amendment was to reduce costs for businesses that carried the load. He did not want to increase revenue but wanted to ensure that fees were equitable. Assemblymember Burt asked how the program would be implemented and whether this included all businesses in the Borough. He thought there would be tremendous staff time involved. Mayor Selby explained there would be reduced staff time in handling complaints about dumpster use by those not participating in the program. He said the change would not affect business owners or home owners who transported trash to the landfill. He reiterated the change affected businesses that clearly generate trash but do not have accounts. He Regular Assembly Meeting October 19, 1995 Volume XX P.sge 227 noted a mechanism was needed for those generating trash but not paying in order to make the system equitable. Assemblymember McFarland had reservations about what the change would accomplish. He knew the problem occurred in the downtown area but he thought tenants paid fees through lease or rental agreements. He noted that the Borough placed the dumpsters in designated areas. He envisioned problems with enforcement and annual review. VOTE ON MOTION TO AMEND Ayes: Noes: None Absent: Hancock MOTION CARRIED Unanimous Regular Assembly Meeting October 19, 1995 Heinrichs, McFarland, Milligan, Stevens, Burt, Monroe McFARLAND, moved to amend by seconded by STEVENS adding to the sentence: "When multiple businesses utilize one dumpster, each business will share the cost of the dumpster accordingly ", the words: "or a licensed business will be waived from the fee if solid waste disposal is incorporated in a rental or lease purchase agreement and they are a tenant of a commercial building ". Assemblymember McFarland explained that the amendment addressed the rights of tenants without control over dumpster service provided to commercial buildings. Presiding Officer Monroe understood the problem was not with buildings with multiple businesses but with individual businesses paying for dumpster service used by other businesses. Assemblymember Burt agreed with the principal of the ordinance but questioned if the problem would be solved without enforcement. .nom \X P•,• 228 At the request of Presiding Officer Monroe, Mayor Selby responded that the proposed amendment was covered by the Code. He cautioned about making the problem bigger when it was a small problem in the downtown area. He acknowledged that staff was aware of who was not paying for service and what needed to be accomplished could be done through a code change. He did not want to expend time on businesses who were in compliance. He said the system worked well and did not need to be addressed in the ordinance. Responding to Assemblymember Burt, Mayor Selby said the fee was based on the business size and the number of dumpster tips per week. He felt it appropriate that people who generated the trash pay fees, noting that may cause people to review the amount of solid waste they generate. He knew the only way to save money as a community was to reduce solid waste. Assemblymember McFarland responded to Mayor Selby's comments in that the ordinance set policy for the entire Borough. Assemblymember McFarland trusted Mayor Selby for having goals but he was concerned for future administrations. Presiding Officer Monroe thought staff was addressing the problem with an ordinance they felt was adequate. Assemblymember Stevens agreed and felt the language in the code protected those in the system. VOTE ON MOTION TO AMEND Ayes: Noes: Absent: MOTION FAILED McFARLAND, seconded by BURT Assemblymember McFarland felt additional time was needed to develop language to cover all scenarios. Regular Assembly Meeting October 19, 1995 McFarland Milligan, Stevens, Burt, Heinrichs, Monroe Hancock 1 Aye, 5 Noes moved to postpone Ordinance No. 95 -15 for two weeks. Volume XX Page 229 VOTE ON MOTION TO POSTPONE Ayes: Burt, Heinrichs, McFarland, Monroe Noes: Milligan, Stevens Absent: Hancock MOTION CARRIED 4 Ayes, 2 Noes MESSAGES FROM TEE BOROUGH MAYOR Mayor Selby told of an additional Tustumen$ trip scheduled to arrive in Kodiak on October 28 at 10:30 p.m. and depart on October 29 at 1:30 a.m. He reported that the House finished with the Magnuson Act and forwarded it on to the Senate. He offered condolences to the Templeton family on the death of Tom's father. He extended a thank you to Presiding Officer Monroe for serving on the Assembly. He commended her for a good six years on behalf of the community. OLD BUSINESS None. NEW BUSINESS A. AWARDS AWARDS None. B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 95 -14 Ratifying and RESOLUTION Certifying the Results of the Municipal NO. 95 -14 Election Held October 3, 1995. Presented for consideration was Resolution No. 95 -14 that, if adopted, ratified and certified election results. MILLIGAN, moved to adopt seconded by STEVENS Resolution No. 95 -14. Mayor Selby thanked Clerk Smith for a well -run election and noted the large amount of work required. Regular Assembly Meeting October 19, 1995 MESSAGES FROM MAYOR OLD BUSINES: NEW BUSINESS Volume XX Pnge 230 Clerk Smith said the Canvassing Board tallied the votes of questioned ballots and absentee ballots together with votes counted on election night and the results were in the resolution. She noted that for service districts with insufficient candidates, all who received write -in votes were contacted and those listed in the resolution accepted the position. VOTE ON MOTION TO ADOPT Ayes: Stevens, Burt, Heinrichs, McFarland, Milligan, Monroe Noes: None Absent: Hancock MOTION CARRIED Unanimous ORDINANCES C. ORDINANCES FOR INTRODUCTION INTRODUCTION 1. Ordinance No. 95 -16 Amending Title 2 ORDINANCE Administration and Personnel Chapter 2.47 NO. 95 -16 Airport Advisory Committee Section 2.47.030 Powers and duties. Presented for consideration was Ordinance No. 95 -16 that, if adopted, amended Title 2 by including revisions recommended by the Kodiak Island Borough Airport Advisory Committee. Mayor Selby recommended the Assembly delay action on this ordinance so that the Borough and City Airport Advisory Committees could meet. McFARLAND, seconded by STEVENS VOTE ON MOTION TO POSTPONE Ayes: Burt, Heinrichs, McFarland, Stevens, Milligan, Monroe Noes: None Absent: Hancock MOTION CARRIED Unanimous Regular Assembly Meeting October 19, 1995 moved to postpone introduction of Ordinance No. 95 -16 to the next regular meeting. Volume XX Page 231 D. OTHER ITEMS 1. Installation of Newly- Elected Assembly Members and Mayor. Newly- elected officials will take office on Monday, October 23, 1995. Clerk Smith administered the oath -of- office to Mayor Jerome Selby, Assemblymembers Robin Heinrichs and Dr. Bob Johnson. Ayes: 2. Airport Advisory Committee Expenditure Recommendation for Improvements to the Coast Guard Base Crash Harbor Ramp and for the Municipal Airport Gate and Fence. McFARLAND, seconded by MILLIGAN Mayor Selby said the previously appropriated $14,000 was for expenditures recommended by the Airport Advisory Committee. He noted the Committee prioritized projects and these were the two highest. At questions raised by Assemblymember Burt, Mayor Selby said use of the facility was covered by a lease as part of the operations of the Alaska Department of Transportation and Public Facilities. VOTE ON MOTION TO APPROVE Noes: Absent: MOTION CARRIED Regular Assembly Meeting October 19, 1995 moved to approve a $3,000 expenditure for improvements to the crash harbor ramp on the Coast Guard Base and $11,000 expenditure for a gate and fencing at the municipal airport from the fiscal year 1996 budget. Heinrichs, McFarland, Milligan, Stevens, Burt, Monroe None Hancock Unanimous OTHER ITEMS INSTALLATION OF NEWLY- ELECTED MAYOR AND ASSEMBLYMEMBERS AIRPORT ADVISORY COMMITTEE EXPENDITURE RECOMMENDATIONS Volume ?IX Page 232 Ayes: 3. Resignation of Mental Health Center Advisory Board Member. STEVENS, seconded by McFARLAND moved to accept, with regret, the resignation of Judy Carstens from the Mental Health Center Advisory Board and instruct the clerk to advertise the vacancy per borough code. Mayor Selby and Presiding Officer Monroe thanked Ms. Carstens for serving on the board. Assemblymember Burt reported he called Ms. Carstens due to the reasons she listed for resigning. He remembered previous instances of strife on the Mental Health Center Advisory Board and wondered if there was a problem with the system. Assemblymember Milligan suggested an exit interview as one way to address concerns. Presiding Officer Monroe thought that when staff and volunteers resigned, they were free to make their feelings known. She emphasized that the Assembly's duty was to acknowledge service to the community. Assemblymember Stevens noted that the Assembly met twice a month in work session and anyone could come forward and speak. Assemblymember Burt said others spoke to the Assembly with nothing resulting from their comments. He hoped the Assembly was not apathetic. Presiding Officer Monroe suggested Assemblymember Burt pursue his questions through Mayor Selby. VOTE ON MOTION TO ACCEPT Noes: Absent: MOTION CARRIED McFarland, Milligan, Stevens, Burt, Heinrichs, Monroe None Hancock Unanimous RESIGNATION OF MENTAL HEALTH CENTER ADVISORY BOARD MEMBER Regular Assembly Meeting October 19, 1995 t 213 . -.e \ X INFORMATIONAL MATERIALS (No action required) A. B. MINUTES OF OTHER MEETINGS 1. City of Port Lions Regular Meeting of September 14, 1995. 2. Data Processing Steering Committee Meeting of August 25, 1995. REPORTS 1. Kodiak Island Hospital 1995 Financial Report. 2. Engineering /Facilities 1995 Project Report. C. OTHER None. CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Regular Assembly Meeting October 19, 1995 & Care Center August Department October Assemblymember McFarland offered best wishes to Drew Skalzi, Kenai Peninsula Borough Assembly president, who was diagnosed with cancer. He addressed further remarks to Presiding Officer Monroe in that he was really going to miss her. He appreciated working with her through the years and had difficulty saying good -bye. To Mayor Selby, he said he appreciated the Assembly's support on postponing Ordinance No. 95 -15 because it did not seem there was a need to rush. He was willing to work closely with the Mayor in the next work session as he had reservations about the billing method. He suggested department heads attend the work session to aid in the discussion. He thanked Mayor Selby for his time and effort and was proud he took the oath again. He felt secure in that Mayor Selby's stature, ability, and creativity would help direct the Borough's future and that the community owed a great debt to him for past efforts. He congratulated newly - elected Assemblymembers Heinrichs and Johnson. INFORMATIONA* MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS ASSEMBLYMEMP" COMMENTS Volume XX Page 234 Assemblymember Stevens said he was pleased to serve with Presiding Officer Monroe and noted that she was a task - master. He thought space should be reserved for her, along with the Assembly, on the first rocket launched from the Kodiak facility. Assemblymember Heinrichs appreciated Presiding Officer Monroe's leadership and quiet nudging of the Assembly to be organized and deal with issues. He wished her well in future endeavors. He congratulated his daughter, Katie, for being awarded student of the month and humorously noted that would not be reflected in her allowance. He thought the news of the Magnusen Act was cause for celebration for Kodiak. He suggested that correspondence to Representative Don Young congratulating him on his efforts was in order. Assemblymember Milligan congratulated Dr. Bob Johnson, Robin Heinrichs, and Jerome Selby. He felt there was confidence that people entrusted in a candidate when they cast their ballot. Assemblymember Milligan presented out -going Presiding Officer Monroe with a plaque and flowers. He was honored to serve with her on the Assembly and proud of her as the Presiding Officer. He felt she brought a dignified presence of femininity to the Assembly and that her resolve was consistent. Out -going Presiding Officer Monroe appreciated the plaque and flowers. She thanked staff for their help and detail in presenting information that made the Assembly look good at meetings. She said she had the highest regard and respect for Mayor Selby as a leader. She was honored by the effort, consistent hard work and professionalism of Borough employees. She felt the presentation she received was a wonderful example of the friendship and affection she felt from all Assemblymembers. She said it was wonderful to learn about public policy as a member of a fine group and thanked the Assembly. Out -going Presiding Officer Monroe announced the Assembly would meet in work session at 7:30 p.m. on Thursday, October 26 in the borough conference room and regular meeting at 7:30 p.m. on Thursday, November 2, 1995 in the assembly chambers. Regular Assembly Meeting October 19, 1995 Volume XX Page 235 BURT, moved to adjourn. ADJOURNMENT seconded by McFARLAND VOTE ON MOTION TO ADJOURN MOTION CARRIED There being no further business to come before the Assembly, the meeting adjourned at 9:10 p.m. ATTEST: /n -17/1-7,1 7 . %)Lei; b onna F. Smith, CMC Borough Clerk Approved: 11/02/95 Regular Assembly Meeting October 19, 1995 Unanimous voice vote „JAZ M hael R. MilligAn puty Presiding Offi Volume XX Page 236