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08/06/1981 Regular MeetingKODIAK ISLAND BOROUGH ASSEMBLY MEETING - AUGUST 6, 1981 (A Verbatim Record is on File in the Clerk's Office) I CALL TO ORDER The meeting was called to order by Assemblyman Anderson at 6:30 P.M. in the Borough Assembly Chambers. II ROLL CALL Present Mr. Anderson Mr. Arndt Mr. Murray Mr. Wakefield Flr. White Absent Mayor Ogg (excused) Mr. Herrnsteen (excused) Mr. Peotter (excused) A quorum was established. Mr. Murray moved to excuse Mayor Ogg, Assemblyman Peotter and Assemblyman Herrnsteen. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. III ACCEPTANCE OF AGENDA The Manager recommended two items to be deleted from the agenda: Item D. Ord. No. 81-34-0 (Sanitary Facilities) under OLD BUSINESS and Item M. City Garbage Dump under NEW BUSINESS. Mr. Murray moved to delete the two items recommended by the Manager. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. Mr. Murray moved to accept the agenda as presented. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. IV MINUTES OF PREVIOUS MEETINGS V VI A. Assembly - Reg. - July 2, 1981 B. Assembly - Spec.- July 23, 1981 Mr. Wakefield moved to accept Items IV. A and B Motion carried by unanimous voice vote. MINUTES OF OTHER MEETINGS Seconded by Mr. Murray. A. Mental Health - June 17, 1981 B. Personnel Advisory Board - Reg. - April 13, 1981 Personnel Advisory Board - Spec.- April 23, 1981 Personnel Advisory Board - Spec.- June 3, 1981 C. KIBSD - Reg. - July 13, 1981 D. P & Z - Reg. - June 17, 1981 P & Z - Reg. - July 15, 1981 Mr. Murray moved to accept Items A, B, C, and D. Motion carried by unanimous voice vote. COMMUNICATIONS & APPEARANCES A. P & Z Representative No comments at this time. VII PUBLIC HEARI14GS Seconded by Mr. White. A. Ord. No. 81-31-0 Amending Chapter 17.06 Definitions, Creating Chapter 17.67 Conditional Use Permits. Mr. Wakefield moved to adopt Ordinance No. 81-31-0 Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous roll call vote. Seconded by Mr. White. KIR. ASSEMBLY MEETiING - AugUst ;0, n8l" Page 2 B. Ord. No. 81-32-0 Amending The Comprehensive Plan From Industrial To Public And Open Space On Tract B-5A, Bells Flats Alaska Subdivision. Mr. Wakefield moved to adopt Ordinance No. 81-32-0. 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. C. Ord. No. 81-33-0 Providing For A Service -Recreation Overlay On Tract B-5A, Bells Flats Alaska Subdivision. Mr. Arndt moved to adopt Ordinance No. 81-33-0. 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. D. Ord. No. 81-35-0 Amending Budget Ord. No. 81-24-0. Mr. Murray moved to adopt Ordinance No. 81-35-0. Seconded by Mr. Wakefield. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous roll call vote. VIII OLD BUSINESS A. Timberline Lease/Sale (Reconsideration) (Mr. Arndt moved to reconsider and enter on the minutes. Seconded by Mr. Anderson. 7/2/81) Motion failed 2-3 with Mr. Arndt and Mr. Murray casting the YES votes. B. P-1 Sale (Brechan)(Reconsideration) (Mr. Wakefield moved to reconsider and enter on the minutes. Seconded by Mr. White. 7/2/81) Motion failed 1-4 with Mr. Wakefield casting the YES vote. C. Ord. No. 81-27-0(A) Amending Title 15 Of The KIB Code Pertaining To The Uniform Building Code. Mr. White moved to adopt Ordinance No. 81-27-0(A). Seconded by Mr. Wakefield. Mr. Murray moved to table until later in the meeting. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. D. Ord. No. 81-34-0 Amending Title 15 Of The KIB Code Pertaining To Sanitary Facilities. (1st Rdg.)(Tabled) DELETED FROM AGENDA. E. Transfer of Title of Headstart House to City. Mr. Murray moved that the Manager be authorized to negotiate as he has indicated from a small contractor bid for the foundation up to the sum of $10,000 and that the money be taken from the building and grounds fund. Seconded by Mr. Arndt. Motion carried by unanimous roll call vote. Mr. Murray moved that the Staff be authorized to convey the structure to ;KIBIASUMBLY 0EETING:� pugult 6); 1981 Page 3 the City for $1.00. Seconded by Mr. Arndt. Mr. Anderson moved to amend that motion to add that it only be used for the Headstart Program. Seconded by Mr. Arndt. Amendment carried by unanimous voice vote. Main motion as amended carried by unanimous roll call vote. Mr. Murray noted that in the City minutes it reflects that the Borough has agreed to program maintenance. Perhaps we should direct the Manager in clarifying and taking care of matters to point out to the City that we have not agreed to provide monies on a year to year basis for program maintenance at this point and time. IX MANAGERS REPORT A. East Elementary P.E. Facility - Request for Proposal Mr. Murray moved that any Change Orders in excess of $10,000, between now and the time something formal is adopted, should come to the Assembly for approval. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. B. Info Requested by Assembly re: Memo of 6-26-81. NO ACTION TAKEN. C. Other Business (1) Letter from L.A. Dutton dated July 31, 1981 re: Proposal to Classify Lands as Wildlife Habitat and Private Recreation as Part of Terror Lake Project NO ACTION TAKEN. (2) Report on Terror Lake Hydro Project re: Prohibition against Grazing There were no objections to the Manager sending a letter to the Sierra Club indicating that the Borough is attempting to draft an ordinance prohibiting grazing on Borough controlled land out on the Shearwater Peninsula. (VIII C.) Mr. Murray moved to remove Ordinance No. 81-27-0(A) from the table. Seconded by Mr. Arndt. Unanimous voice vote. Assemblyman Anderson asked if anyone in the audience would like to come forward and speak on the ordinance. Lou Schneider: (resident and contractor) As a contractor, I have always been one very much in favor of strong building codes to protect the people of the community and the contractors that work in the community. You give a service to the people of this community when you require them to come in and purchase a building permit. That says your inspector will go out there and apply the building code per se. If we are going to take and tear these codes down we might as well throw out our inspection system. If we are going to throw out lumber grading, let's throw out insulation, concrete quality and get rid of all of it. Walt Ebell:(Attorney and represents Timberline, Inc.)The ordinance simply provides that ungraded locally manufactured lumber may be used in the construction of one or two-story dwellings and accessory buildings. It does not mandate that it has to be used it only makes it available to the members of our community. This ordinance would simply allow a present practice to continue, a practice which has brought no harm to any members of our community. Ken Kilborn:(Forest Products Specialist for Region X of the Forest Service) T e State aw says that, for State financing, the only timber, lumber and manufactured lumber products originating in this State from local forests shall be used when practicable. There may be justification in requiring some limits to that lumber that's used; but, there is certainly nothing wrong with the lumber that's produced in Alaska for all uses. If it's a design criteria that limits it, either the size can be increased or the design can be changed to allow for local lumber. KIB ASSEMBLY MEETING - Auguit 61 1-981 ` Page 4 Mark White:(Instructor at Community College)I spend a lot of my time out helping people construct houses and looking at existing structures. Most of the buildings here built from spruce, because it is relatively inexpensive, are way beyond what is required for minimum strength. I have not seen a structural failure in the twelve or so years I have been here. William Beaty:(Pres. of Kodiak Area Contractors Association)If you pass this ordinance tonight, and an individual has to have someone build his house because he's not qualified, he won't be able to get a licensed contractor to do that work. There is no way a licensed contractor can use ungraded Sitka spruce. Even though you pass an ordinance that says he can, we have to comply with the State because that's where our licenses come from. Motion carried 4-1 to adopt Ordinance No. 81-27-0(A) with Mr. Anderson casting the NO vote. (IX C.) (3) Notice of Annual Local Government Conference (AML) Nov. 4-7, 1981 NO ACTION TAKEN. (4) Notice of AML Meetings -Legislative Committee and Board of Directors Aug. 12-15, 1981 NO ACTION TAKEN. (5) Notice of Utility Tariff Filing dated July 22, 1981. NO ACTION TAKEN. (6) Request by AML for Payment of $287.20 for Lobby for Payments -in -Lieu of Taxes (PILT) NO ACTION TAKEN. (7) Appointment to Architectural Review Board Assemblyman Anderson appointed Mr. Bill Beaty to fill the vacant seat on the Architecture Review Board. Mr. Arndt moved to ratify. Seconded by Mr. Murray. Motion carried by unanimous roll call vote. (8) Resol. No. 81-47-R Soils Investigation - Chiniak School Mr. Murray moved to adopt Resolution No. 81-47-R. Seconded by Mr. Arndt. Motion carried by unanimous roll call vote. (VIII A)Mr. Murray moved to rescind the prior -action concerning the denial of the reconsideration of the lease to Timberline. Seconded by Mr. Arndt. Motion carried 4-1 with Mr. White casting the NO vote. Mr. Murray moved for reconsideration of the lease to Timberline. Seconded by Mr. Arndt. Motion carried by unanimous roll call vote. Mr. Murray moved direct the Staff to prepare a five year lease with Timberline, taking into consideration the various Assembly comments concerning the appraisal, etc., of the parcel and the value of the leasehold and also at the same time to publicly advertise the availability of this lease. Seconded by Mr. Arndt. Motion carried by unanimous roll call vote. X NEW BUSINESS A. Res. No. 81-37-R Authorizing The Finance Officer To Effect Certain Line Item Changes in FY 81-82 Budget. Mr. Wakefield moved to adopt Resolution No. 81-37-R. Seconded by Mr. Arndt. Motion carried by unanimous roll call vote. B. Res. No. 81-38-R Sets Tax Due Dates And Delinquent Dates For The Supplemental Real And Personal Property Taxes Due in 1981. Mr. White moved to adopt Resolution No. 81-38-R. Seconded by Mr. Wakefield. Motion carried by unanimous roll call vote. KIB ASSEMBLY MEETING - Auqusf 6,�19a1 Page 5 C. Res. No. 81-39-R Requesting The Transfer Of Funds From The Alaska Power Authority. Mr. Murray moved to adopt Resolution No. 81-39-R. Seconded by Mr. Arndt. Mr. Murray moved to table Resolution No. 81-39-R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. D. Res. No. 31-40-R Appointing An Authorized Representative To Inspect, Secure And Sign For Surplus Federal Property For Use By KIB. Mr. Wakefield moved to adopt Resolution No. 81-40-R. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. E. Res. No. 81-41-R Authorizing The Preparation Of A Development Plan For The Upper Mill Bay School Complex. Mr. Murray moved to adopt Resolution No. 81-41-R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. F. Ord. No. 81-36-0 For The Disposal Of Tax -Foreclosed Land, USS 2382 Located On Raspberry Island. (1st Rdg) Subdivision of USS 2382, Iron Creek, Raspberry Island. Mr. Murray moved to adopt Ordiannce No. 81-36-0 in the first reading. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. Mr. Murray moved to authorize the Manager to negotiate for the survey fees, not to exceed $4,350, with Roy Ecklund. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. G. Ord. No. 81-38-0 Amending The Comprehensive Plan From Public And Open Space To Shopping Center On Lots 8-10 And 19-25, Blk. 2, Allman Addition, City of Kodiak, From R-1 Single Family Residential to B-Business.(ist Rdg) (KIB P & Z Commission, Mildred Markham and Merle Snider) Mr. Wakefield moved to adopt Ordinance No. 81-38-0 in the first reading. Seconded by Mr. Murray. Motion carried by unanimous voice vote. H. Ord. No. 81-39-0 Rezoning Lots 19, 20, 23, 24 And 25, Blk. 2, Allman Addition, City Of Kodiak, From R-1 Single Family Residential to B-Business. (1st Rdg.)(KIB P & Z Commission, Mildred Markham and Merle Snider) Mr. Wakefield moved to adopt Ordinance No. 81-39-0 in the first reading. Seconded by Mr. Murray. Motion carried by unanimous voice vote. I. Ord. No. 81-40-0 Amending Chapter 17.06 Definitions And Chapter 17.24 Industrial (I) Zones, Deleting Chapter 17.27 Industrial Reserve IR Zones, And Amending Chapter 17.57 Offstreet Parking And Loading.(1st Rdg.) Mr. White moved to adopt Ordinance No. 31-40-0 in the first reading. Seconded by Mr. Murray. Motion carried by unanimous voice vote. J. Proposed Joint Meeting With The City. Thursday, August 20, 1981 in the KIB School District Conference Room at 7:30 P.M. and the Assembly will meet at 7:00 P.M. for a Special Meeting. K. Mobile Radio Bids Mr. Arndt moved to reject all bids and readvertise the bid. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. L. Gravel Extraction in "B" Tracts Referred to Work Session. M. City Garbage Dump DELETED FROM AGENDA. KIB ASSEMBLY', MEETING - August, 6, �98J r Page 6 N. Res. No. 81-42-R Applying For State Construction Grant Assistance For The Island Lake Water And Sewer Project. Mr. Wakefield moved to adopt Resolution No. 81-42-R. Seconded by Mr. White. Motion carried by unanimous voice vote. 0. Port Lions Comprehensive Plan Contract Mr. Wakefield moved to award the contract to Environmental Science and Engineering, not to exceed $10,000, for the Port Lions Comprehensive Plan update. Seconded by Mr. White. Motion carried by unanimous voice vote. P. (1) High School Roof Contract Award (2) Karluk Design Contract (3) Chiniak School Design Contract (4) Facility Management System Proposal (1) Postponed. (2) & (3) Res. No. 81-46-R Authorizing The Acceptance Of Design Contracts For The Karluk And Chiniak Schools. Mr. Wakefield moved to adopt Resolution No. 81-46-R. Seconded by Mr. Murray. Motion carried by unanimous voice vote. (4) No Action. Q. KIB Detailed Budget & Revenue Report - June 1981. Mr. Murray moved to acknowledge receipt. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. XI MAYORS COMMENTS 1. Info re: "skid shack" at Island Air. 2. KEA signing off on building permits. XII ASSEMBLY COMMENTS Mr. Murray: If the Assembly disagrees with P & Z's action, what recourse do we have? I would like to bring up a point and that is, I think presently we have rather inadequate procedures for the Assembly to grant monies to other agencies within the Borough. Mr. Murray moved to direct the Manager to prepare Granting Procedures for the Borough for public funds. Seconded by Mr. Arndt. Unanimous voice vote. I feel work sessions should be scheduled with specifically the Mental Health Board and the Personnel Board to discuss direction and etc. Mr. Arndt: No Comments. Mr. White: No Comments. Mr. Wakefield: I am going on vacation and would like to have my Sept. packet mailed to Port Lions. XIII AUDIENCE COMMENTS - NONE Assemblyman Anderson recessed the regular meeting and the Assembly went into Executive Session at 10:40 PM. Assemblyman Anderson reconvened the regular meeting at 10:55 PM. Assemblyman Murray reported that the Assembly had an Executive Session with the Manager and Attorney concerning several pending legal actions and matters and they have no official action to suggest at this time. XIV ADJOURNMENT Mr. Murray moved to adjourn. Seconded by Mr. Wakefield. Unanimous voice vote. Deputy M yor ProTem ATTEST: 0 Borough C 371 <