Loading...
09/06/1984 Regular MeetingtI DIRK ISLAND "ROpGH ASS1,1MBf-f MEETING - September 6, 1984 (A Verbatim Record is on File in the Clerk's Office.) I CALL TO ORDER Mayor Anderson called the meeting to order at 6:38 p.m. in the Borough Assembly Chambers. II ROLL CALL Present Absent Mayor Anderson Ms. Barker Mrs. Cater Mr. Murray Mr. Naughton Mr. Wakefield Mr. White A quorum was established. III ACCEPTANCE OF AGENDA Manager Selby requested the addition of Resolution No. 84-97-R under IX MANAGER'S REPORT, B. Other Business. Mr. Naughton moved to accept the agenda with the above addition. Seconded by Mr. White. Motion carried by unanimous voice vote. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Reg. - August 2, 1984 B. Assembly - Spec.- August 16, 1984 Mr. White moved to approve the minutes of previous meetings, items A. Assembly - Reg. - August 2 and B. Assembly - Spec. - August 16. Seconded by Mr. Naughton. Motion carried by unanimous voice vote. V MINUTES OF OTHER MEETINGS A. Bells Flats -Russian Creek Rd./Fire Serv. Dist. - July 12, 1984 B. K.I. Mental Health Center Adv. Brd. - June 18 & July 16, 1984 C. KIBSD - Reg. - July 23, 1984 & Special - August 3, 1984 D. Fire Protection Area Ill Adv. Board - July 3, 1984 E. Architectural Review Brd. - June 7, July 25 & August 8, 1984 F. Planning & Zoning - Spec. - August 6, 1984 G. Service District Ill Advisory Board - August 9, 1984 H. Kodiak Sanitary Landfill Committee - August 6, 1984 Mr. White moved to accept the minutes of other meetings Items A through H. Seconded by Mr. Naughton. Motion carried by unanimous voice vote. VI COMMUNICATIONS & APPEARANCES A. Boards & Commissions Ken Gregg: (P & Z representative) I would like to address briefly Ordinance No. 84-51-0. There has been some discussion on part of the P & Z Commission on this ordinance. There is some puzzlement. I feel this body really should have, to some extent, a mind of it's own. I feel a lot of the philosophical differences can be remedied by direction from the Assembly, which there has been none. Perhaps if problems can't be solved through communication, then a resigna- tion could be asked for. Wilton White: (Hospital Adv. Brd.) I would like to solicit, at this time, your support for the passage of Ordinance No. 84-49-0 in the first reading. Also, as a member of the board and a member of various segments of the government I do not feel uneasy with the proposed ordinance for the handling of members of individual boards and commissions. Lorna Arndt: (Personnel Brd.) I think that the ordinance you have coming up is very good and does explain things now. 9 14B Ass§�bly Mt } Sept.,�6, 984 Page 2 Mr. Murray moved to suspend rules and take up Item P. Ord. No. 84-49-0 under New Business. Seconded by Mr. White. Motion carried 5-1 with Mr. Wakefield casting the NO vote. M P.) Ord. No. 84-49-0 Amending Section 8.04.030 Of The Kodiak Island Borough Code Concerning Powers And Duties Of The Kodiak Island Hospital Advisory Board. (1st Rdg.) Mr. Murray moved to adopt Ordinance No. 84-49-0 in the first reading. Seconded by Mr. White. Motion carried by unanimous roll call vote. B. Buskin River Inn App.: J.W. Ashford Jim Ashford: We basically are asking that we be allowed to hire persons between 16 and 19 years of age to work as busboys, dish- washers and maids. Our premises is licensed. We do pay these people the same as we pay someone that is 24 years old. (Mr. Ashford agreed to update his application with information concerning police visits to the Inn.) Mr. Wakefield moved to voice non -objection that persons between 16 and 19 years of age may be employed. Seconded by Mr. Naughton. Motion carried by unanimous roll call vote. C. VETO (Res. No. 84-80-R Transferring Gull And Uski Island To The City Of Kodiak.) Mr. Naughton moved to overturn the veto. Seconded by Mrs. Cater. Motion failed by unanimous roll call vote. VII PUBLIC HEARINGS A. Ord. No. 84-40-0 Amending The Class Title, Pay Range And Job Description Of The Personnel Rules And Regulations. Mr. Wakefield moved to adopt Ordinance No. 84-40-0. Seconded by Ms. Barker. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried 5-1 with Mr. Murray casting the NO vote on Ordinance No. 84-40-0. B. Ord. No. 84-42-0 Repealing And Re -Enacting Title 15, Buildings And Construction. Mr. White moved to adopt Ordinance No. 84-42-0. Seconded by Mr. Wakefield. Regular Session closed: Public Hearing opened: Ken Gregg: (Mgr. of Inlet Electric Supply) I would suggest that Section 15.08.030 be struck from the code and Section 15.08.020 be re -worded such that work could be done by a person holding perhaps a general contractor's license and journeyman's fitness card or if he held a residential wireman's card. If he had a fitness card for the work being done and the proper contractor licensing, he would be qualified as an electrical contractor in the Borough. Jim Ashford: (Owner of Inlet Electric) I would like to say that I agree with Ken. I was very interested in Section 15.04.040. I am hoping upon passing this, that you will immediately give a contract out to widen the driveway to the lower parking lot. It is exactly ten feet wide and so is the driveway coming up to the building. I was wondering if anyone can tell me what the 1983 CABO One and Two Family Dwelling Code is on page 2. I object to the passage of this ordinance as it is written. Scott Arndt: I agree with Mr. Gregg in relation to the electrical code. It's not the way it is being done right now in the Borough. j !) K1Y A6se,aly Mtpj -) SeVt. "t, J984 Page 3 Currently we have a one -permit process, where the building permit covers the plumbing, electrical and mechanical. I am having trouble reading whether we actually have the one -permit process in this ordinance. I would also like the plumbing code researched. Basically, with the comments that have been made tonight, I would like to see the ordinance tabled until further research can be done. Public Hearing closed: Regular Session opened: Mr. Naughton moved to table Ordinance No. 84-42-0. Seconded by Mr. Wakefield. Motion carried by unanimous roll call vote. C. Ord. No. 84-44-0 Rezoning The Unsubdivided Remainder Of U.S.S. 1671 From Conservation (C) To Rural Residential One (RR1). Ms. Barker moved to adopt Ordinance No. 84-44-0. Seconded by Mr. White. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous roll call vote on Ordinance No. 84-44-0. D. Ord. No. 84-45-0 Rezoning U.S. Survey 3100 And U.S. Survey 3101 From Rural Residential One (RR1) To Single -Family (R1) And Two Family Residential (R2). Mr. White moved to adopt Ordinance No. 84-45-0. Seconded by Mrs. Cater. Regular Session closed: Public Hearing opened: Tony Perez: I am against this ordinance because the will of the people have not been met by the P & Z that recommended this zoning. As you can see by the red marks on my maps, the majority of the people are in favor of R-2. Mr. Perez read statements from the following into the record: Jim & Dorothy Poulos (Lots 13B & 13F USS 3100) wants R-2. Kathryn Thwing wants R-2 zoning in U.S.S. 3100 & 3101. Ronald A. Painter wants R-2. R.E. (Toby) Cook wants R-2 in U.S.S. 3100 & 3101. Mr. Perez also submitted approximately 21 signatures of persons stating they would like to have the zoning changed to R-2. Walt Ebell: I am a resident in the area that is being considered for rezoning. I am here to speak in favor of the ordinance as written. The ordinance, as written, represents a compromise in the area that was submitted to the P & Z after numberous hearings. I think this is a reasonable approach. I have a petition that has been signed by owners of five different lots opposing the rezoning of the area from RR1 to R2. I would point out that all the indivi- duals signing the petition live on the side of the road that has been designated as R1. I think that a radical rezone from R1 to R2 is uncalled for in this situation. There is adequate R2 property in the community. Okey Chandler: I am against changing it to anything above R1. Why don't you put it on the ballot and let the people out there vote on it? Craig Bishop: I would have to go along with the compromise. I could go along with this much easier than with R-2 on both sides. Ed Jack: I would like to go on record as opposing this ordinance as written. I feel the area should be looked at as a whole. I feel that the people should basically have the say-so of how their land is zoned as long as they have good reasons. Basically, in rezoning this to R2 you are making land available that people can develop. KIT AJ'sei*ly Mt� -1 Sep . 7, f984 Page 4 Diedre Bailey: I am a homeowner in the area in question. We would like to advise the Assembly to accept the ordinance. We feel like it is a compromise to the R1. We purchased a house in this area because we wanted an area with a low density. We didn't want a lot of rentals around us and we like the area the way it is. We feel like having R2 across the street from us is a compromise. Lorna Arndt: I think you should go with the wishes of most of the people. Bernie Lindsey: I would like to go on record as being opposed to the ordinance. I feel the whole area should be R2. Diana Gentry: I think there is a lot of misconception about the difference between R1 and R2. I do think that P & Z attempted to research that issue as best they could. I am in favor of the ordinance. Public Hearing closed: Regular Session opened: Mr. Wakefield moved to amend Ordinance No. 84-45-0 to read: Section 1: Lots 1 through 20B-1, U.S. Survey 3100 and Lots 1 through 21A, 24 and 25, U.S. Survey 3101 are rezoned from the Rural Residential One District (RR1) to the Two -Family Residential District (R2). (Delete remainder of Section 1.) Also the title of the ordinance is amended to read: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING U.S. SURVEY 3100 AND U.S. SURVEY 3101 FROM RURAL RESIDENTIAL ONE (RR1) TO TWO-FAMILY RESIDENTIAL (R2). Seconded by Mrs. Cater. Amendment carried 5-1 with Mr. Murray casting the NO vote. Motion as amended on Ordinance No. 84-45-0 carried 5-1 with Mr. Murray casting the NO vote. E. Ord. No. 84-46-0 Revising Chapter 17.53 Of The Borough Code, Recreational Vehicle Parks. Ms. Barker moved to adopt Ordinance No. 84-46-0. Seconded by Mr. Murray. Regular Session closed: Public Hearing opened: Tony Perez: I would like to speak against this ordinance. I went to Mr. Ecklund and we drew up an RV Park with seventy-one spaces. The spaces are twenty-five feet by forty feet. After reading all the nice restrictions and all the things they want to put into this ordinance, it became a cost prohibitive venture. The one thing that trips you up real fast is the temporary use means ninety days. Therefore, this plan was shelved. Unless some of these stringent requirements can be met, I don't think you will ever see a RV Park in Kodiak. Scott Arndt: I would like to speak against the ordinance as it is written. Basically, it is just not cleaning up the problem. I feel the density is the main problem and also the ninety day time period. I feel it should be higher density and the ninety days should be eliminated. Okey Chandler: There is a critical need for a place for these campers. They have to live some place. They are scattered every- where. Public Hearing closed: Regular Session opened: Mr. Naughton moved to table Ordinance No. 84-46-0. Seconded by Mrs. Cater. Motion carried by unanimous roll call vote. VIII OLD BUSINESS A. Ord. No. 84-25-0 Relating To The Exemption Of Certain Personal Property. (Tabled) (XIS 1AsG mb`.y Mtg )- lept? 67 1984 Page 5 Mr. White moved to remove Ordinance No. 84-25-0 from the table. Seconded by Mr. Naughton. Motion carried by unanimous roll call vote. Mr. Murray moved to adopt Ordinance No. 84-25-0. Seconded by Ms. Barker. Motion carried by unanimous roll call vote. IX MANAGER'S REPORT A. September Meetings September 13: CIP - FY 86 Work Session; 7:30 p.m. Borough Conference Room September 20: Monthly joint meeting with City Council (CIP & other) 7:30 p.m. Borough Conference Room September 27: Packet Review for October Meeting; 7:30 p.m. Borough Conference Room B. Other Business 1. Staff Reports Mr. Wakefield moved to acknowledge receipt of the Staff reports. Seconded by Mr. White. Motion carried by unanimous voice vote. 2. Resolution No. 84-97-R Appointing An Authorized Representative To Inspect, Secure And Sign For Surplus Federal Property For Use By Kodiak Island Borough. Mr. White moved to adopt Resolution No. 84-97-R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. X NEW BUSINESS A. Ratification of Election Judges Mr. Wakefield moved to ratify the list of Election Judges provided by the Borough Clerk for the Akhiok, Chiniak, Flats, Karluk, Kodiak Nos. 1, 2 & 3, Larsen Bay, Mission Road, Port Lions, Ouzinkie and Old Harbor Precincts. Seconded by Mr. Naughton. Motion carried by unanimous voice vote. B. DELETED. C. Res. No. 84-83-R Authorizing The Receipt And Expenditure Of Municipal Grants Appropriated By The 1984 Legislature. Mr. White moved to adopt Resolution No. 84-83-R. Seconded by Mr. Naughton. Motion carried by unanimous roll call vote. D. Res. No. 84-84-R Declare Two Vehicles Surplus To The Needs Of The Borough. Mr. Naughton moved to adopt Resolution No. 84-84-R. Seconded by Mr. Murray. Motion carried by unanimous voice vote. E. Res. No. 84-85-R Transferring Gull And Uski Islands To The City Of Kodiak. Mr. Naughton moved to adopt Resolution No. 84-85-R. Seconded by Mr. Murray. Mr. Wakefield moved to amend by adding BE IT FURTHER RESOLVED, that the current grazing lease the Borough inherited from the State shall now revert to the City of Kodiak. Seconded by Mrs. Cater. Amendment carried by unanimous voice vote. Motion as amended on Resolution No. 84-85-R carried by unanimous roll call vote. F. Res. No. 84-86-R Supporting The Acquisition Of The Gibson Cove Property By The City Of Kodiak. Mr. Naughton moved to adopt Resolution No. 84-86-R. Seconded by Mr. Murray. Motion carried by unanimous voice vote. } (I KIP Agse*ly Mto -1 Sept. ",Z, 684 Page 6 G. Res. No. 84-87-R Supporting A Kodiak Processing Facility Being Chosen To Conduct The Pollock 3urimi Production Contract. Mr. Naughton moved to adopt Resolution No. 84-87-R. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. H. Res. No. 84-88-R Authorizing The Borough Manager To Open Negotiations To Modify The Terms And Conditions Of The Agreement Of Settlement And Consent Decree Approved By The Court On August 12, 1981. Ms. Barker moved to adopt Resolution No. 84-88-R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. I. Res. No. 84-89-R Authorizing A Five -Year Local Service Roads And Trails Program For The Kodiak Island Borough, 1985-1989. Mr. Naughton moved to adopt Resolution No. 84-89-R. Seconded by Mr. White. Motion carried 5-1 with Mrs. Cater casting the NO vote. Mr. Murray moved to submit the list as presently constituted in terms of priorities. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. Mr. White moved to change Peotter Drive to Von Scheele Way. Seconded by Mr. Wakefield. Motion carried by unanimous roll call vote. J. Res. No. 84-90-R Allocating The Use Of Undesignated Road Improvement Grants For The Completion Of Antone Way, Balika Lane And Melnitsa Lane. Mr. Naughton moved to adopt Resolution No. 84-90-R. Seconded by Mr. White. Motion carried by unanimous roll call vote. K. Res. No. 84-91-R Awarding The East Elementary Schematic And Design Development Drawings And Specifications And Effecting Certain Budget Changes In The Capital Projects Fund. Mr. Wakefield moved to adopt Resolution No. 84-91-R. Seconded by Mr. White. Motion carried by unanimous roll call vote. L. Res. No. 84-92-R Awarding The Port Lions, Larsen Bay And Old Harbor Elementary Educational Specifications Award And Effecting Certain Budget Changes In The Capitol Projects Fund. Mr. Wakefield moved to adopt Resolution 84-92-R. Seconded by Mr. Naughton. Motion carried 5-1 with Mr. Murray casting the NO vote. M. Res. No. 84-93-R Authorizing Advertisements For Bids On The Mental Health Handicapped Apartment Project And Effecting Certain Budget Changes. Mr. White moved to adopt Resolution No. 84-93-R. Seconded by Mr. Naughton. Motion carried 5-1 with Mr. Wakefield casting the NO vote. N. Ord. No. 84-47-0 Relating To The Delegation Of Authority To Review Untimely Senior Citizen Tax Exemption To The Borough Assessor. (1st Rdg.) Mr. Naughton moved to adopt Ordinance No. 84-47-0 in the first reading. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. 0. Ord. No. 84-48-0 Amending Title 3.16.070 Of The Borough Code Of Ordinances. (1st Rdg.) Mr. Naughton moved to adopt Ordinance No. 84-48-0 in the first reading. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. P. (See VI A.) Q. Ord. No. 84-50-0 Amending The Kodiak Island Borough Code, JIB%sd4mb* Mtg.()- Sppt`? 6,719Q4 Page 7 Section 3.04, To Direct The Implementation Of Certain Investment Policies By The Borough. (1st Rdg.) Mr. Murray moved to adopt Ordinance No. 84-50-0 in the first reading. Seconded by Mr. Naughton. Motion carried by unanimous voice vote. R. Ord. No. 84-51-0 Relating To Removal Of Members Of Borough Commissions, Boards and Committees. (1st Rdg.) Mr. Naughton moved to adopt Ordinance No. 84-51-0 in the first reading. Seconded by Mrs. Cater. Motion carried 4-2 with Ms. Barker and Mr. Wakefield casting the NO votes. S. DELETED. T. Ord. No. 84-53-0 Establishing Section 8.20 Non-Areawide Alcoholic Beverage Control. (1st Rdg.) Mr. White moved to adopt Ordinance No. 84-53-0 in the first reading. Seconded by Mr. Naughton. Motion carried by unanimous voice vote. U. Award of Appraisal Project, Monashka Circle / Bay View Circle. Mr. Murray moved to award the Appraisal Project to Affiliated Appraisers of Alaska in the amount of $8,700.00 for the following parcels: Monashka Bay Alaska Subdivision: 1. Lot 2A, Block 1 Partial Taking 2. Lot 2B, Block 1 Partial Taking 3. Lot 3, Block 1 Partial Taking 4. Lot 4, Block 1 Partial Taking 5. Lot 13, Block 1 Partial Taking 6. Lot 22, Block 1 Partial Taking ^ 7. Lot IB, Block 2 Partial Taking 8. Lot 2A, Block 2 Partial Taking 9. Lot 2B, Block 2 Partial Taking 10. Lot 5, Block 2 Partial Taking 11. Lot 6, Block 2 Partial Taking 12. Lot 9A, Block 2 Partial Taking 13. Lot 9B, Block 2 Partial Taking 14. Lot 10, Block 2 Total Taking Seconded by Mr. Naughton. Motion carried by unanimous roll call vote. V. Award of Aerial Photo Contract Mr. White moved to grant the Manager authority to negotiate and execute a contract with North Pacific Aerial Surveys for the Kodiak Island Borough Aerial Photography Project in an amount not to exceed $70,000.00. Seconded by Mr. Wakefield. Motion carried by unanimous roll call vote. W. Award of Coastal Sensitivity Contract Mr. Naughton moved to grant the Manager authority to negotiate and execute a contract with Jon Isaacs and Associates for the Kodiak Island Borough Coastal Sensitivity Analysis Project in an amount not to exceed $70,000.00. Seconded by Mr. Wakefield. Motion carried 5-1 with Mr. White casting the NO vote. X. Award of UPS (Uninterruptible Power System) for IBM System 38 Mr. Wakefield moved to award the purchase of UPS equipment to Clary Corporation in an amount not to exceed $32,276.00 for the 15KVa. Seconded by Mrs. Cater. Motion carried by unanimous roll call vote. Y. Authorization to Advertise for Bids on Borough Building Handi- capped Access Project. Mr. Murray moved to authorize Management to advertise for bids for the construction of the Borough Building Handicapped Access Project in the amount not to exceed $8,900.00. Seconded by Mr. White. Motion carried by unanimous roll call vote. i r�IB )ks44mb`l))j Mtg.()- Sppt*J 6,719f.4 Page 8 Z. K.I. Hospital Financial Reports - May & June 1984 Mr. Murray moved to acknowledge receipt. Seconded by Mr. White. Motion carried by unanimous voice vote. aa. Kodiak Island Borough Investment Report Mr. Murray moved to acknowledge receipt. Seconded by Mr. White. Motion carried by unanimous voice vote. bb. Kodiak Island Borough Financial Report - August 1984 Mr. Murray moved to acknowledge receipt. Seconded by Mr. White. Motion carried by unanimous voice vote. cc. Res. No. 84-94-R Amending The Material Sales Contract For The Removal Of Gravel From Tracts B-1, B-2, B-3 and B-4A, Bells Flats Alaska Subdivision. Mr. Naughton moved to adopt Resolution No. 84-94-R. Seconded by Mr. Murray. Motion carried by unanimous voice vote. dd. Res. No. 84-95-R Requesting Financial Assistance For The Municipal Land Disposal Grant Program. Mr. Naughton moved to adopt Resolution No. 84-95-R. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. ee. Res. No. 84-96-R Accepting A State Legislative Grant In The Amount Of $35,000 For The Kodiak Island Borough Village Fisheries Program. Mr. Wakefield moved to adopt Resolution No. 84-96-R. Seconded by Ms. Barker. Motion carried by unanimous voice vote. IX MAYOR'S COMMENTS - NONE XII ASSEMBLY COMMENTS Mr. White: I would like to direct Staff to prepare a resolution similar to the one passed several years ago on approval for the game refuge land on Shuyak Island for the next meeting. Mr. Wakefield: NONE Mr. Naughton: NONE Mrs. Cater: NONE Mr. Murray: I would like to have a letter of appreciation sent to Mr. and Mrs. LeGrue regarding the cleanup of the ship. Mr. Murray moved to have the letter of appreciation sent to Mr. and Mrs. LeGrue. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. Ms. Barker: I would like to say a word about the new Jr. High. I have been in it and it is absolutely beautiful. I am so pleased that we have chosen to upgrade our schools. XIV AUDIENCE COMMENTS Mr. Herrnsteen: I would like to say a few things about the Monashka Bay area. I have lived out there fifteen years. I have seen a change lately that bothers me. We have a rock -quarry right in the middle of a subdivision. I would encourage the Borough to see if there is a rock source on the Deadman Curve area out of town. I feel it is a real critical situation to look for some land further down the road where there are no residences. I worry about my children walking by the road because of rock falling from trucks. Mr. Naughton moved that the Borough Manager be directed to send a letter to the State of Alaska, Department of Transportation/Public Facilities pointing out the fact that a complaint was received and urgently request that a scale be installed to enforce the weight limits on trucks hauling rock in that area. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. i ()KIB) Add.emjiXy Mt,g{) - Fept? 67 1484 Page 9 Mr. Perez: I would like to see some guidelines put into Ordinance 84-51-0 relating to Borough Commissions and Committees to govern the actions of these committees. The procedure being used by P & Z of ringing a bell on people that come forth to speak is kinda degrading and demeaning. I think if they ask for public input the public should receive every courtesy that could possibly be extended. Lorna Arndt: I told P & Z it wasn't fair to the public to ring a bell when we got signatures on a petition so they wouldn't have a room jammed pack. Only 5 or 6 at the most spoke on the issue. On the road projects, I would like to see some of the extra funds be used on Kittiwake Road that you want to keep open for people to go down to the lake. XIV ADJOURNMENT Mr. White moved to adjourn the meeting. Seconded by Mr. Wakefield. Mayor Anderson adjourned the meeting at 11:10 pm. Borough M4116r ATTEST: Borough Cl ' k