07/07/1987 Regular MeetingKODIAK ISLAND BOROUGH
Regular Assembly Meeting
July 7, 1987
A regular meeting of the Kodiak Island Borough Assembly was held
July 7, 1987, in the Assembly Chambers of the Kodiak Island
Borough Building, 710 Mill Bay Road. The meeting was called to
order at 6:33 p.m. (A verbatim record is on file in the Clerk's
office)
The invocation was given by the Reverend Don McCullough, Church
of the Nazarene, followed by the pledge of allegiance.
There were present:
Lorne White, Presiding
Eric Blankenburg
Jack McFarland
Absent:
Ann Barker (Excused)
Alan Austerman
Ken Gregg
Wayne Stevens
comprising a quorum of the assembly; and
Jerome Selby, Borough Mayor
Bob Pederson, Acting Community Development Director
Gaye Vaughan, Borough Clerk
APPROVAL OF AGENDA
Since there were no objections, the agenda was approved as
submitted.
CONSENT AGENDA
The Consent Agenda was read aloud by the Borough Clerk.
GREGG,
seconded by STEVENS
WITHOUT OBJECTION, SO ORDERED
APPROVAL OF MINUTES
moved to approve consent
agenda.
A. K.I.B. Special Assembly Meeting Minutes of June 3, 1987.
B. K.I.B. Regular Assembly Meeting Minutes of June 4, 1987.
These items were previously approved under the "Consent Agenda."
CITIZEN'S COMMENTS
Mayor Selby presented the Employee of the Month award to Patricia
Miley, Secretary in the Community Development Department.
COMMITTEE REPORTS
Tom Hendel said he would be available to answer questions
regarding planning and zoning matters.
Scott Arndt noted he was available to answer questions regarding
Service District No. 1 and Fire Service District No. 1.
PUBLIC HEARING
A. Ordinance No. 87-10-0 Establishing A Procedure For
Obtaining Legal Counsel For The Borough.
GREGG, moved to adopt Ordinance
seconded by MCFARLAND No. 87-10-0.
REGULAR MEETING
ROLL CALL
APPROVAL OF AGENDA
CONSENT AGENDA
APPROVAL OF MINUTES
CITIZEN'S COMMENTS
COMMITTEE REPORTS
PUBLIC HEARING
ORDINANCE
NO. 87-10-0
Kodiak Island Borough
Regular Assembly Meeting
The presiding officer called for public testimony; there being
none the assembly was reconvened.
VOTE ON MOTION TO ADOPT
Ayes:
Noes:
MOTION CARRIED
Austerman, Blankenburg,
Gregg, McFarland, Stevens,
White
None
Unanimous
B. Ordinance No. 87-11-0 Providing For Two Regular Assembly
Meetings Per Month.
GREGG,
seconded by STEVENS
moved to adopt Ordinance
No. 87-11-0.
The presiding officer called for public testimony.
Scott Arndt spoke against the ordinance because he felt the
assembly would have problems getting a quorum for two meetings a
month.
The presiding officer closed the public hearing and reconvened
the assembly.
GREGG,
seconded by BLANKENBURG
moved to amend by
substitution Ordinance
No. 87-11-0.
Mr. Gregg read the substituted ordinance and explained his reason
for requesting the assembly to meet twice a month was so that the
assembly would not have to accept agenda items when they had not
had proper time to consider them. By meeting twice a month, he
said the assembly would eliminate the need to schedule special
meetings to handle emergency items. The substitution provided
that ordinances introduced at a meeting would receive public
hearing in one month rather than two weeks.
VOTE ON MOTION TO AMEND BY SUBSTITUTION
Ayes:
Noes:
MOTION CARRIED
VOTE ON MOTION TO ADOPT AS AMENDED
MOTION CARRIED
Blankenburg, Gregg,
McFarland, Stevens,
Austerman, White.
None
Unanimous
Unanimous Voice Vote
C. Ordinance No. 87-16-0 Relating To Littering.
MCFARLAND moved to adopt Ordinance
seconded by STEVENS No. 87-16-0.
The presiding officer called for public testimony.
Scott Arndt inquired as to who would enforce the litter ordinance
since the borough does not have police powers.
Assemblyman Gregg explained that complaints to the borough would
be pursued as a civil action in the court system.
The presiding officer closed the public hearing and reconvened
the assembly.
Assemblyman Stevens commented that this ordinance was consistent
with the City of Kodiak's litter ordinance.
PUBLIC HEARING
ORDINANCE
NO. 87-10-0
(continued)
ORDINANCE
NO. 87-11-0
ORDINANCE
NO. 87-16-0
July 7, 1987 Page 2 1 1/
Kodiak Island Borough
Regular Assembly Meeting
VOTE ON MOTION TO ADOPT
Ayes:
Noes:
MOTION CARRIED
McFarland, Stevens,
Austerman, Blankenburg,
Gregg, White
None
Unanimous
D. Ordinance No. 87-22-0 Amending Chapter 17.02, Compre-
hensive Plan, Of The Borough Code, Incorporating The
Chiniak Area Comprehensive Plan.
AUSTERMAN
seconded by MCFARLAND
moved to adopt Ordinance
No. 87-22-0.
The presiding officer called for public testimony.
Cliff Stone, Chiniak Community Forum, thanked the assembly, the
Planning and zoning Commission and gave a special thanks to Linda
Freed and staff for the long hours of work on the plan.
The presiding officer closed the public hearing and reconvened
the assembly.
VOTE ON MOTION TO ADOPT
Ayes:
Noes:
MOTION CARRIED
MESSAGES FROM THE BOROUGH MAYOR
Stevens, Austerman,
Blankenburg, Gregg,
McFarland, White
None
Unanimous
Mayor Selby introduced Ordinance No. 87-25-0 explaining that the
legislature had just funded these projects at a special session
last week.
Ordinance No. 87-25-0 Authorizing The Receipt And
Expenditure Of Municipal Grants Appropriated By The 1988
Legislature.
AUSTERMAN,
seconded by MCFARLAND
moved to adopt at first
reading Ordinance
No. 87-25-0.
VOTE ON MOTION TO ADOPT AT FIRST READING
Ayes:
Noes:
.� MOTION CARRIED
Austerman, Blankenburg,
Gregg, McFarland, Stevens,
White
None
Unanimous
Mayor Selby also commented that during the special session of the
legislature several key items in the operating budget previously
vetoed by the governor were overridden. Two of these items that
impacted the Kodiak Island Borough were the school debt repayment
and the senior citizens exemption of taxes on their home.
Mayor Selby requested the assembly to authorize going to bid for
construction of Service District #1 Project 85-3.
GREGG, moved to authorize mayor to
seconded by STEVENS bid for construction of
Project 85-3 (Service
District #1).
PUBLIC HEARING
ORDINANCE
NO. 87-16-0
(continued)
ORDINANCE
NO. 87-22-0
MESSAGES FROM
THE MAYOR
ORDINANCE
NO. 87-25-0
AUTHORIZE TO
BID FOR CONSTRUCTION
S.D.#1 PROJECT 85-3
July 7, 1987 Page 3
Kodiak Island Borough
Regular Assembly Meeting
VOTE ON MOTION MESSAGES FROM
THE MAYOR
Ayes: Blankenburg, Gregg,
McFarland, Stevens,
Austerman, White AUTHORIZE BID FOR
CONSTRUCTION OF
Noes: None SD #1 PROJECT 85-3
MOTION CARRIED Unanimous
OLD BUSINESS OLD BUSINESS
A. Ordinance No. 87-15-0 Reserving Certain Borough Lands ORDINANCE
As A Vegetative Screen. NO. 87-15-0
BLANKENBURG, moved to remove from the
seconded by MCFARLAND table Ordinance No. 87-15-0.
MOTION CARRIED Unanimous Voice Vote
The borough clerk pointed out to the assembly there was an
amendment before them which read "moved to amend Section 3 to
read 'with the exception of activities necessary for health
purposes such as a settling pond for leachate for the landfill."'
kf1CW-Di41�l4Ci1loti)Aktim" i�i
Ayes: Gregg, McFarland, Stevens,
Austerman, Blankenburg,
White
Noes: None
-- MOTION CARRIED Unanimous
VOTE ON MOTION TO ADOPT AS AMENDED
Ayes: McFarland, Stevens,
Austerman, Blankenburg,
Gregg, White
Noes: None
MOTION CARRIED Unanimous
NEW BUSINESS
NEW BUSINESS
A. BID AWARDS
BID AWARDS
None
B. RESOLUTIONS
RESOLUTIONS
*1. Resolution No. 87-35-R Establishing Minimum Unit
RESOLUTION
Prices For Materials Sales Contracts.
NO. 87-35-R
This item was previously approved under the "Consent Agenda."
.� 2. Resolution No. 87-36-R Authorizing A 12 Month
RESOLUTION
Lease Of Two Apartments In The Apartment Building
NO. 87-36-R
Complex Located On Lot 5, U.S.Survey 2538A To The
Kodiak Area Native Association.
BLANKENBURG, moved to adopt Resolution
seconded by GREGG No. 87-36-R.
July 7, 1987 Page 4
):U
Kodiak Island Borough
Regular Assembly Meeting
VOTE ON MOTION TO ADOPT
Ayes:
Noes:
MOTION CARRIED
Stevens, Austerman,
Blankenburg, Gregg,
McFarland, White
None
Unanimous
3. Resolution No. 87-38-R Retaining Legal Counsel.
AUSTERMAN, moved to adopt Resolution
seconded by GREGG No. 87-38-R.
VOTE ON MOTION TO ADOPT
MOTION CARRIED Unanimous Voice Vote
4. Resolution No. 87-39-R Authorizing Leasing Of The
Office Space In The Kodiak Island Borough Annex.
MCFARLAND,
seconded by BLANKENBURG
VOTE ON MOTION TO ADOPT
MOTION CARRIED
moved to adopt Resolution
No. 87-39-R.
Unanimous Voice Vote
5. Resolution No. 87-40-R Placing The Question Of
Establishing A Committee To Investigate Consolida-
tion On The October 6, 1987 Ballot.
MCFARLAND,
seconded by STEVENS
moved to adopt Resolution
No. 87-40-R.
Assemblyman McFarland read the resolution for the audience.
Assemblyman Austerman explained that if consolidation was adopted
only the City of Kodiak would be affected and the villages around
the island would retain their present status.
Assemblyman Blankenburg went on to say that this was only a
question as to whether or not to investigate consolidation and
not the step that actually creates the new borough. He said this
was a very preliminary step and hopefully a way of resolving the
issue on consolidation.
VOTE ON MOTION TO ADOPT
Ayes:
Noes:
MOTION CARRIED
Austerman, Blankenburg,
Gregg, McFarland, Stevens,
White
None
Unanimous
*6. Resolution No. 87-41-R Authorizing The Disposal Of
Certain Borough Lands In Ouzinkie. (Utility
easement for schools)
This item was previously approved under the "Consent Agenda."
C. ORDINANCES FOR INTRODUCTION
*1. Ordinance No. 87-24-0 Amending Chapter 3.16,
Change Orders, Mayor Authority.
This item was previously approved in first reading under the
"Consent Agenda."
NEW BUSINESS
RESOLUTION
NO. 87-36-R
(continued)
RESOLUTION
NO. 87-38-R
RESOLUTION
NO. 87-39-R
RESOLUTION
NO. 87-40-R
RESOLUTION
NO. 87-41-R
ORDINANCES FOR
INTRODUCTION
ORDINANCE
NO. 87-24-0
July 7, 1987
Page 5
Kodiak Island Borough
Regular Assembly Meeting
D. OTHER ITEMS NEW BUSINESS
A. Renewal of Consultation and Training Agreement RENEWAL OF CONSUL -
between the City of Kodiak and the Kodiak Island TATION & TRAINING
Mental Health Center. AGREEMENT BETWEEN
CITY OF KODIAK AND
GREGG, moved to approve the K.I.B. MENTAL HEALTH
seconded by STEVENS consultation and training CENTER
agreement between the City
of Kodiak and the K.I.B.
Mental Health Center.
VOTE ON MOTION TO APPROVE
MOTION CARRIED Unanimous Voice Vote
B. Authorization To Advertise For Construction Bids, AUTHORIZATION TO
Mallard Way (Lilly Drive Extension). ADVERTISE FOR
CONSTRUCTION BIDS-
AUSTERMAN, moved to authorize the MALLARD WAY
seconded by BLANKENBURG mayor to advertise for
construction bids, Mallard
Way.
VOTE ON MOTION
Ayes: Blankenburg, Gregg,
McFarland, Stevens,
Austerman, White
Noes: None
MOTION CARRIED Unanimous
INFORMATIONAL MATERIALS (No action required) INFORMATIONAL
MATERIALS
A. MINUTES OF OTHER MEETINGS
1. K.I.B. Hospital Advisory Board Minutes of April MINUTES OF OTHER
15, April 22, May 9, and May 20, 1987. MEETINGS
2. K.I.B. Parks And Recreation Committee Regular
Meeting of May 11, 1987.
3. K.I.B. School Board Minutes Regular Meeting of May
26, 1987 and Special Meeting of June 15, 1987.
4. K.I.B. Planning and Zoning Commission Regular
Meeting of June 17, 1987.
B. REPORTS REPORTS
1. Staff Reports - Community Development
2. K.I.B. Financial Report for May, 1987.
3. K.I.B. School District Financial Report for May,
1987.
C. OTHER OTHER
1. Letter regarding the Lack of a Kodiak Island
Borough Land Management Policy.
CITIZENS C0I4II:N'PS CITIZENS' COMMENTS
Scott Arndt spoke against authorizing the mayor to bid for con-
struction of Service District 01's Project 85-3 for two reasons.
He said that Fire Service District #1 and Service District #1 had
not reached an agreement on a change in priorities. Also, he
said the state required abandonment of wells within 100 feet of
sewer and water mains and he was against the borough having to
pay property owners for the abandonment of water wells when the
service district was using 100 percent grant money to put in the
utilities. He requested the assembly to rescind the previous
motion until such time as agreements from property owners were
obtained.
July 7, 1987 Page 6
Kodiak Island Borough
Regular Assembly Meeting
Scott Arndt and Mayor Selby responded to questions from the CITIZENS' COMMENTS
assembly.
Jim Fisk speaking as a property owner of ten acres of land on
Lilly Drive objected to S.D. #1 Project 83-3 going to bid because
of design problems. He listed his reasons for objecting and gave
background information regarding the area.
Tony Perez, member of Service District #1 Board, clarified his
position in approving S.D. #1 Project 83-3 going to bid as voted
on by the Service District Board.
Reverend Ray Boutwell, pastor of the Monashka Bay Baptist Church
on Antone Way, requested the assembly to authorize water and
sewer installation on Antone Way. He said there were approxi-
mately one hundred people in his congregation who utilized the
church building and these utilities would provide fire protection
for them as well as potable water.
'S COMMENTS ASSEMBLYMEN'S
COMMENTS
Assemblyman Blankenburg referring to the June 17, 1987 Planning
and Zoning minutes in which Brechan Enterprises requested a
permit for a landfill site to bury debris in the Bell's Flat
area, asked how the monitoring would be conducted by DEC and the
borough in view of the present monetary restraints.
Mayor Selby responded to his concerns and said there were several
possibilities for monitoring the site but the exact one had not
been determined at this time.
Assemblyman Blankenburg expressed a concern that the Coast Guard
was using malathion on the golf course as a pesticide and said
r the water runoff from that area feeds into the Buskin River which
Il is the source of water for the Guard Guard Base.
Assemblyman Austerman requested the mayor to update the audience
on the baler facility and inquired about the leachate settling
ponds, the baler facility doors, and the drainage problem in the
floor of the baler facility. Referring to the school additions
in Port Lions and Larsen Bay authorized at the last meeting, he
asked when the assembly would see a finalized copy of the
contract between the villages and their Construction Management
Service. Mayor Selby responded to all questions.
Assemblyman Gregg thought the ordinance relating to garbage
should be changed to reflect the new method of billing for
dumping at the baler facility. He said if bills were going to be
mailed that he would like to see a minimum billing of ten dollars
because it cost that much to handle the billing.
Assemblyman Stevens asked if the problem with the driveway
entrance at the baler facility during icy conditions had been
addressed and, also inquired about the landscaping surrounding
the baler facility. He commented on the admirable job the Kodiak
Mirror had done in bringing to light the problems faced by
transient cannery workers. He thought the community should be
able to come up with a viable workable solution to the problem
and would like to see the subject presented at a joint work
session with the city.
Assemblyman White said he had an opportunity to inspect the
Karluk Public Safety Building and commended the staff on the
professional job done.
July 7, 19B7 Page 7
Kodiak Island Borough
Regular Assembly Meeting
There being no further business to come before the assembly, the
meeting adjourned at 8:20 p.m.
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ATTEST:
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ADJOURNMENT
July 7, 1987
Page 8