07/02/1985 Regular MeetingKODIAK ISLAND BOROUGH ASSEMBLY - July 2, 1985
(A Verbatim Record is on File in the Clerk's Office.)
I CALL TO ORDER
Mayor Peterson called the meeting to order at 6:43 p.m. in the Borough
Assembly Chambers.
II ROLL CALL
Present Absent
Mayor Peterson Ms. Barker (excused)
Mr. Blankenburg Mr. White (excused)
Mrs. Cater
Mr. Naughton
Mr. Rounsaville
Mr. Wakefield
A quorum was established.
Mrs. Cater moved to excuse Ms. Barker and Mr. White. Seconded by Mr.
Naughton. Motion carried by unanimous voice vote.
III ACCEPTANCE OF AGENDA
*A. CONSENT AGENDA
Consent Agenda items are items considered to be routine and non -contro-
versial by the Assembly and will be approved in one motion. There shall
be no separate discussion of these items unless an Assembly member or a
citizen so requests, in which case the item will be removed from the
Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders. Consent Agenda items will be prefixed in the
margin with an asterisk (*).
Mr. Selby requested the following additions to the agenda under
IX MANAGER'S REPORT:
(item C.)l) Authorization on the Selief Lane Sewer Internal
Inspection and Rehabilitation.
2) Authorize Acceptance of Grant Awards for the
operations of Kodiak Island Mental Health Center.
Mr. Naughton moved to accept the agenda with the above additions. Seconded
by Mr. Blankenburg. Motion carried by unanimous voice vote.
IV MINUTES OF PREVIOUS MEETINGS
*A. Assembly - Reg. - June 6, 1985
*B. Assembly - Spec. - June 20, 1985
Mr. Naughton moved to approve the minutes of the previous meetings.
Seconded by Mr. Blankenburg. Motion carried by unanimous voice vote.
V MINUTES OF OTHER MEETINGS
*A. K.I.B.S.D. - Reg. - May 28, 1985/Spec. - June 7, 1985/Reg. June 17, 1985
*B. P & Z - Reg. - May 15, 1985
*C. Architectural Rev. Brd. - Reg. - May 2, 1985
Mr. Naughton moved to acknowledge receipt of items A through C. Seconded
by Mr. Blankenburg. Motion carried by unanimous voice vote.
VI COMMUNICATIONS & APPEARANCES
A. Boards & Commissions
1) Dan James - P & Z Commission Representative
2) Lorna Arndt - Personnel Board Representative
3) Scott Arndt - Service Dist. #1 & Fire Dist. #1 Representative
*B. Letter from Resource Development Council
Mr. Naughton moved to acknowledge receipt. Seconded by Mr. Blankenburg.
Motion carried by unanimous voice vote.
Iv ,
KIB Assembly Mtg. - July 2, 1985
**** BOARD OF ADJUSTMENT
Page 2
A. Kodiak Island Borough Assembly is appealing the decision of the Planning
and Zoning Commission with regard to the denial of approval of the pre-
liminary plat of the Lakeside Subdivision. (Res. No. 85-68-R)
Mrs. Cater moved to adopt Resolution No. 85-68-R. Seconded by Mr.
Rounsaville.
Mayor Peterson closed the regular meeting and reconvened as the Board
of Adjustment.
Linda Freed, Director of Community & Development Dept., read the following
findings of fact that were stated by the Commission at their April 17, 1985
regular meeting as being their reason for denying the preliminary approval
of the Lakeside Subdivision, First Addition:
1) The proposed residential lots are too close to industrial lots,
potentially creating land use conflicts;
2) The Kodiak Island Borough owns property in other areas that
could be developed for residential lots;
3) This area unofficially serves as a regional park for the immediate
area and the Kodiak urban area. The area has good attributes for a
park;
4) Increased residential traffic on Selief Lane is undesirable;
5) Adverse public testimony at the recent public hearing and
previous public hearings indicate that adjacent residents do not
want this area developed.
Jerome Selby, Borough Manager, reviewed the history briefly for the purpose
of the public hearing and also to get it on the record. The Assembly feels
that the greater public interest of the best use of this land for all of
the residents of Kodiak Island was not adequately considered nor were the
concession of increased park areas, greenbelts, reduced number of residen-
tial lots and removal of the industrial lots immediately adjacent to the
residential areas given adequate consideration in the hearings. Therefore,
they are appealing the Planning and Zoning Commission's decision.
Maureen Butler: I live on Selief Lane. I am opposed and would like to
submit a petition with 523 signatures at this time which are also opposed
to the development of the Beaver Lake Waterfront Area.
Robert Soughers: I feel that the Borough sells the land as they feel they
need the money. I feel there is need for parks.
Cliff Vogelsberg: I live on Selief Lane. There are a lot of houses and a
lot of land for sale now. I feel there really isn't a need to sell this
land, it should be a park.
Jim Ramaglia: I feel there is a need for open spaces for people to wander
in and kids to play in. We don't need more housing developments at this
time.
Donene Tweten: If we are going to have another low-cost housing unit there,
we definitely need a park. The far side of the lake would be very costly
to develop.
Scott Arndt: I felt the Borough was wrong in the beginning to deny me the
right to speak here. I wish to compliment Planning & Zoning in their deny-
ing the residential subdivision by the Borough on this particular property
and requesting that it be re -zoned public land. I do think it would be more
than proper to leave it public lands and leave it for a future park. I do
not believe this is a proper procedure for a developer to hear his own
appeal. I also question the legality of testimony taken during the work
session last Thursday night in regards to this issue.
Okey Chandler: I think everything is over assessed. The best interest is
to keep the land as it is.
Marilyn Quaccia: I live on Selief Lane. I feel the same as those who have
already spoken. I worry about the airport safety. I really do feel there
is a need for a park.
Maureen Vogelsberg: We are in the Coast Guard.and therefore get supple-
mental money to purchase property. The property values are dropping and I
KIB Assembly Mtg. - July 2, 1985 Page 3
feel that Kodiak is in an "over -building" stage.
Mayor Peterson closed the public hearing portion of the Board of
Adjustment and reconvened the regular Assembly meeting.
Motion carried 4-1 on Resolution No. 85-68-R Reversing The Decision of The
Planning And Zoning Commission With Regard To The Preliminary Approval Of
The Lakeside Subdivision, First Addition. Mr. Blankenberg cast the NO
vote.
VII PUBLIC HEARINGS (Village Telephone Number 486-5370)
A. Ord. No. 85-21-0 Revising Certain Sections Of Title 13 Pertaining To
Utilities.
Mrs. Cater moved to adopt Ordinance No. 85-21-0. Seconded by Mr.
Blankenburg.
Regular Session closed:
Public Hearing opened:
Lorna Arndt: I don't think it is right under the late payment section it
says the fee shall be calculated at one percent of the outstanding balance,
the minimum fee to be $3.00. You can't charge both. It has to be one or
the other. Which is right?
Public Hearing closed:
Regular Session opened:
Mr. Rounsaville moved to amend in Section 13.01.155 in the last sentence
to read: This fee shall be calculated at one percent (1%) per month of the
outstanding balance, or a minimum fee to be $3.00 per month for each month
or portion thereof past due, whichever is greater. Seconded by Mr.
Wakefield. Amendment carried by unanimous voice vote.
Motion as amended carried by unanimous voice vote on Ordinance No. 85-21-0.
B. Ord. No. 85-22-0 Amending The Kodiak Island Borough Code To Adopt
Garbage And Solid Waste Collection And Disposal Powers In The Area Out-
side Cities And Accept The Transfer Of Such Powers From The City Of
Kodiak.
Mr. Wakefield moved to adopt Ordinance No. 85-22-0. Seconded by Mr.
Blankenburg.
Regular Session closed:
Public Hearing opened:
Jim Cobis: (Womens Bay) I just want a clarification re: powers and
election.
Okey Chandler: I am against the Borough taking it over. Let the City do
it.
Scott Arndt: I question your authority to adopt this without an election.
Lorna Arndt: You are not thinking of the taxpayers. You are not thinking
"costwise" at all. I don't think you should get into any garbage powers.
I think you had better have an election because this is going to bring a
"big" problem to the borough.
Okey Chandler: It is going to cost the borough a lot of money.
Public Hearing closed:
Regular Session opened:
Mr. Blankenburg moved to table Ordinance No. 85-22-0. Seconded by Mr.
Wakefield. Motion carried by unanimous voice vote.
C. Ord. No. 85-23-0 Amending Section 4.30.010 Of The Kodiak Island Borough
Code To Change The Name Of The Bells Flats -Russian Creek Service Area To
Womens Bay Service Area.
Mr. Naughton moved to adopt Ordinance No. 85-23-0. Seconded by Mr.
Blankenburg.
`• 1 ,
KIB Assembly Mtg. - July 2, 1985 Page 4
Regular Session closed:
Public Hearing opened:
Jim Cobis: We consulted with Mr. Selby on this and advertised it at public
meetings in the Flats. It was published in our newsletter and we solicited
input from people. We never received any adverse comments.
Public Hearing closed:
Regular Session opened:
Motion carried 4-1 with Mr. Wakefield casting the NO vote on Ordinance
No. 85-23-0.
D. Ord. No. 85-24-0 Changing The Boundary Of The Monashka Bay Road Service
Area And Providing For An Election To Effect The Boundary Change.
Mr. Rounsaville moved to adopt Ordinance No. 85-24-0. Seconded by Mrs.
Cater.
Regular Session closed:
Public Hearing opened: NO COMMENTS.
Public Hearing closed:
Regular Session opened:
Motion carried by unanimous voice vote on Ordinance No. 85-24-0.
E. Ord. No. 85-25-0 Changing The Boundary Of Service District #1 And
Providing For An Election To Effect The Boundary Change.
Mr. Naughton moved to adopt Ordinance No. 85-25-0. Seconded by Mrs. Cater.
Regular Session closed:
Public Hearing opened:
Okey Chandler: I am against the ordinance. I think there should be two
districts and Spruce Cape should be separate from the rest.
Scott Arndt: (Service District #1 Chairman) Parkside Road is in the service
district and the ocean side of the road is in the service district but the
park side of the road is not. We need to take the sewer and water down the
road to service the people on the service district side and in doing so it
is totally inappropriate not to service the people on the other side of the
road.
Public Hearing closed:
Regular Session opened:
Motion carried by unanimous voice vote on Ordinance No. 85-25-0.
F. Ord. No. 85-26-0 Amending Certain Sections Of The Kodiak Island Borough
Code In Title 2 Administration And Personnel.
Mr. Naughton moved to adopt Ordinance No. 85-26-0. Seconded by Mr.
Wakefield.
Regular Session closed:
Public Hearing opened: NO COMMENTS.
Public Hearing closed:
Regular Session opened:
Motion carried by unanimous voice vote on Ordinance No. 85-26-0.
G. Ord. No. 85-27-0 Changing The Boundary Of Fire Service District No. 1
And Providing An Election To Effect The Boundary Change.
Mr. Wakefield moved to adopt Ordinance No. 85-27-0. Seconded by Mr.
Naughton.
Regular Session closed:
Public Hearing opened: NO COMMENTS.
Public Hearing closed:
Regular Session opened:
Motion carried by unanimous voice vote on Ordinance No. 85-27-0.
lJ 1 -I 1.
KIB Assembly Mtg. - July 2, 1985
VIII OLD BUSINESS - None.
Page 5
IX MANAGER'S REPORT
rd
*A. July Meetings
Mr. Naughton moved to acknowledge receipt
Motion carried by unanimous voice vote.
*B. Staff Reports
Mr. Naughton moved to acknowledge receipt
Motion carried by unanimous voice vote.
C. Other Business
Seconded by Mr. Blankenburg.
Seconded by Mr. Blankenburg.
1) Authorization on the Selief Lane Sewer Internal Inspection and
Rehabilitation.
Mr. Wakefield moved to award the contract to Advanced Equipment
Systems in the amount not to exceed $20,000 for Internal Inspection
and Rehabilitation on Selief Lane Sewer. Seconded by Mr. Naughton.
Motion carried 4-1 with Mr. Wakefield casting the NO vote.
2) Authorize Acceptance of Grant Awards for the Operations of Kodiak
Island Mental Health Center.
Mr. Naughton moved to approve the grant awards to the Community Mental
Health Services for $225,900, to the Community Support Services for CMI
for $86,200 and to the Services to Developmentally Disabled in the
amount of $206,300. Seconded by Mrs. Cater. Motion carried by
unanimous roll call vote.
NEW BUSINESS
A. Res. No. 85-65-R Requesting Municipal Funding From The State Of Alaska.
Mr. Naughton moved to adopt Resolution No. 85-65-R. Seconded by Mr.
Wakefield. Motion carried by unanimous voice vote.
B. Res. No. 85-66-R Authorizing The Receipt And Expenditure Of Municipal
Grants Appropriated By The 1985 Legislature, A.S. 37.05.315.
Mr. Naughton moved to adopt Resolution No. 85-66-R. Seconded by Mrs.
Cater. Motion carried by unanimous roll call vote.
C. Res. No. 85-67-R Authorizing The Receipt And Expenditure Of Municipal
Grants Appropriated By The 1985 Legislature.
Mr. Wakefield moved to adopt Resolution No. 85-67-R. Seconded by Mr.
Blankenburg. Motion carried by unanimous roll call vote.
D. Res. No. 85-69-R Authorizing Expenditures Of Capital Improvement
Project Funds For KIB School Facilities Design, Upgrade And Repair.
Mr. Naughton moved to adopt Resolution No. 85-69-R. Seconded by Mr.
Rounsaville. Motion carried by unanimous roll call vote.
E. Res. No. 85-70-R Supporting The Federal Adoption Of The Bristol Bay
Coastal Management Program.
Mr. Naughton moved to adopt Resolution No. 85-70-R. Seconded by Mr.
Wakefield. Motion carried by unanimous voice vote.
F. Approval Of Term -Lease Plan For Xerox 1075 Copier.
Mr. Naughton moved to authorize Staff to enter into an agreement with
Xerox Corporation for a six month term lease of $1,628.92 over the next
five years and a final payoff of $5,343.98. Seconded by Mr. Wakefield.
Motion carried by unanimous roll call vote.
G. Approval Of Consultation And Training Agreement Between KIBMH Center
And The City Of Kodiak.
... I ic._i
KIB Assembly Mtg. - July 2, 1985
Page 6
Mr. Wakefield moved to approve the Kodiak Island Borough Mental Health
Center/City of Kodiak Agreement for the FY 86. Seconded by Mrs. Cater.
Motion carried by unanimous voice vote.
H. Authorize Accepting Grant Award In The Amount Of $206,300 For The KIBMH
Residential/Vocational Training Program.
(VOID - See Item IX C. 2)
*I. KIBSD Financial Report - May 1985
Mr. Naughton moved to acknowledge receipt. Seconded by Mr. Blankenburg.
Motion carried by unanimous voice vote.
J. Res. No. 85-71-R Authorizing Staff To Execute A Contract With URS
Corporation For Design Of The School Crossing Signals.
Mr. Rounsaville moved to adopt Resolution No. 85-71-R. Seconded by Mrs.
Cater. Motion carried by unanimous roll call vote.
XI MAYOR'S COMMENTS
I just want to let the Assembly know that I felt they acted within merit
and with absolute regard for their responsibility to the public of this
Borough in regards to land development during the Board of Adjustment
Hearing.
XII ASSEMBLY COMMENTS
Mr. Rounsaville: I think we did represent the Borough in this Lakeside
discussion tonight. I know there were people that were disappointed in
the outcome. I think in the long run we made a decision that will affect
the most people.
Mr. Naughton: None.
Mr. Wakefield: I would like to direct Staff to initiate rezoning all of
Block 2 and Lot 8 of Block 1 permanently from industrial to R-1. The sec-
tion on Lakeside Subdivision which was involved in the Board of Adjustment
Hearing tonight, Blocks 4 & 5 be rezoned from RR-1 to R-1 and the noted
lands in green be permanently dedicated and rezoned as Public Land and all
the west side of Beaver Lake, of which we don't know a specific acreage
yet. Have Staff develop a plan, bring it to the Assembly and we will
approach the Planning & Zoning Commission to look from the ridge line on
down to the lake and see how much acreage we are talking about. We would
like to begin action as soon as possible, preferably in August.
Mrs. Cater: None.
Mr. Blankenburg: None.
XIII AUDIENCE COMMENTS
Scott Arndt: I would like to thank Mr. Blankenburg for his vote regarding
the Lakeside Subdivision. We will continue to struggle against the
development of the lots right along the lake.
Lorna Arndt: I am glad you tabled the garbage ordinance. I would like to
be at the work session when you work on it again. I don't think it is fair
for the Borough people to be forced into this garbage collection.
XIV ADJOURNMENT
Mr. Wakefield moved to adjourn. Seconded by Mr. Naughton.
Mayor Peterson adjourned the meeting at 9:31 pm.
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