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01/06/19831 0 1 2 I CALL TO ORDER Present Mayor Herrnsteen Mr. Anderson Mr. Arndt Mrs. Cater Mr. Murray Mr. Peotter Mr. Wakefield Mr. White KODIAK ISLAND BOROUGH ASSEMBLY MEETING - January 6, 1983 (A Verbatim Record is on File in the Clerk's Office) Mayor Herrnsteen called the meeting to order at 6:48 p.m. in the Borough Assembly Chambers. II ROLL CALL A quorum was established. III ACCEPTANCE OF AGENDA Absent Mr. White asked that Res. 83 -12 -R be added under NEW BUSINESS. Mr. Shealy requested the addition under Mgr's Report B. Other Business of items 1. Report on Wood Cutting Petition and 2. Authorization to hire an Appraiser II at range 18.5 D. Mr. Anderson moved to accept the agenda with the additions. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Reg. - Dec. 2, 1982 Mr. Peotter moved to accept the minutes of the Assembly Meeting - regular - Dec. 2, 1982. Seconded by Mr. White. Motion carried by unanimous voice vote. V MINUTES OF OTHER MEETINGS A. KIBSD - Reg. - Nov. 8, 1982 B. OCS - Reg. - Oct. 8, 1982 Reg. - Nov. 24, 1982 Wrk. - Dec. 14, 1982 C. Fire District #1 Advisory Board - Dec. 2, 1982 D. Kodiak Island Mental Health Advisory Board - Nov. 15, 1982 Dec. 13, 1982 E. Architectural Review Board - Nov. 2, Nov. 23, b Dec. 30, 1982 F. Joint Arch. Review Board /Serv. Dist. 1 - Dec. 7, 1982 G. Service District #1 - Dec. 7, 1982 H. KITS - April 14 and October 21, 1982 I. P 8 Z - Reg. - Nov. 17, 1982 J. Parks S Rec. Committee - Dec. 6, 1982 K. Bells Flats Road Service District - Dec. 27, 1982 L. Hospital Advisory Board - Dec. 1, 1982 Mr. Peotter moved to adknowledge receipt of items A, B, C, D. E, F. G, H, I, J, K 5 L under Minutes of Other Meetings. Seconded by Mr. White. Motion carried by unanimous voice vote. VI COMMUNICATIONS AND APPEARANCES A. Boards and Commissions Carolyn Briscoe (Fire Dist. 11) I wanted to bring up comments about the Change Order for the bid on the cabinets with the fire station. No action taken. B. O.C.S. Advisory Council Appointments (2) Mayor Herrnsteen appointed Duke Delgado whose term will expire in KIB ASSEMBLY MTG. - Jan. 6, 1983 Page 2 fl 1 2 1 S ., March 1984, Dave Woodruff whose term will expire in March, 1985 and Pete Barton which will be for the unexpired term ending March 1, 1983 effective upon the acceptance of Jim Ramaglia's resignation. Mr. Murray moved to ratify the appointments. Seconded by Mr. Wakefield. Motion carried with no objection. C. Parks & Recreation Committee Appointment (1) Mayor Herrnsteen appointed Val Flinders to the term expiring November 1983. Mr. Murray moved to ratify. Seconded by Mr. Arndt. Motion carried with no objection. D. Citizens Board of Equalization Appointments Mayor Herrnsteen appointed Lou Iani and Sid Cozart with their terms expiring Jan. 1, 1986. Mr. Murray moved to ratify. Seconded by Mr. Arndt. Motion carried with no objection. E. Architectural Review Board Appointments (3) Mayor Herrnsteen appointed Wayne Coleman for a three year term, Bill Beaty for a three year term and Jerry Gudenau for a one year term. Mr. Murray moved to ratify. Seconded by Mr. Peotter. Motion carried with no objection. F. Personnel Board Appointments (3) Mayor Herrnsteen appointed Walter Johnson and Lorna Arndt with terms expiring December 31, 1984. Mr. White moved to ratify. Seconded by Mr. Arndt. Motion carried with no objection. G. Fire District No. 1 Vacancies Mayor Herrnsteen apointed Jim Poulos and Norm Wooten to fill the vacancies until the next regular election. Mr. Wakefield moved to ratify. Seconded by Mr. Peotter. Motion carried with no objection. H. Service District No. 1 Vacancies Mayor Herrnsteen appointed Jim Poulos, Ed VanFleet and Richard Juelson to serve until the next regular election. Mr. Peotter moved to ratify. Seconded by Mr. Wakefield. Motion carried with no objection. I. Letter from Senior Citizen's Mr. White moved to acknowledge receipt. Seconded by Mr. Wakefield. Mr. Peotter moved to substitute the motion to authorize and recom- mend they spend 53.663 for their 20% cash match for the vehicle purchase and that the balance be retained and they make another review of potential needs. Seconded by Mr. Anderson. Motion carried by unanimous voice vote with Mr. Murray abstaining. •VII PUBLIC HEARINGS A. Ord. No. 82 -49 -0 Enacting Ch. 8.12 of Borough Code on Littering. Mr. Murray moved to substitute Ordinance No. 82- 49 -0(A). Seconded by Mr. Arndt. Motion carried with no objection. Mr. Peotter moved to adopt Ordinance No. 82- 49 -0(A). ,Seconded by Mr. Anderson. KIB ASSEMBLY MTG. - Jan. 6, 1983 Page 3 n 1 ? I Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Mr. White moved to amend under Section 1: 8.12.010 Unlawful Acts by deleting the words animal viscera in the last sentence. Seconded by Mr. Wakefield. Amendment carried by unanimous voice vote. Main motion as amended carried by unanimous voice vote. B. 1983 -88 Capital Improvement Program, Draft 8, Res. No. 83 -11 -R. Mr. White moved to adopt Resolution No. 83 -11 -R. Seconded by Mr. Wakefield. Regular Session closed: Public Hearing opened: John Witteveen:(School District) I would like to reiterate to you again that upon the completion of the Jr. High remodel that the School District's number one priority is the construction of the auditorium. Louise Collins: I want to thank the Borough for including the auditorium. I would like to see it moved from number 10 to number 1 in your CIP. Gardner Howes: We just urge your continued consideration and de- liberation in moving forward to complete the Junior High remodeling and the auditorium construction. Pat Smedley: There are no provisions in the new Junior High remodel for any music room. I think it is important to consider this because if you don't have some place for these kids to go you are eliminating the music and drama program from the schools. Norm Macintosh: There aren't a whole lot of things for people to do on this island that aren't involved in going out hunting or fishing. You have some people that like the more quite type of activities. It would be nice for them to have a place. 1 also live on Selief Lane and I think that extension could probably be put down to number 10 and the auditorium moved up to number 5. I have no problem with your other priorities above that or after that. I think they are very logically and intelligently set out. I think the current and future community would benefit more from the auditorium and Main remodeling than that extension on Selief. Public Hearing closed: Regular Session opened: Mr. Peotter moved to amend by moving item three to number 1. Near Island Bridge Supplement, number one to number 2. Island Lake Water and Sewer and number two to number 3. Sanitary Landfill. Seconded by Mr. Murray. Amendment carried 4 -3 with Mr. Arndt, Mr. Wakefield and Mr. White casting the NO votes. Mrs. Cater moved to amend by moving the Auditorium /Main Remodel to number five and Selief Lane Extension to number ten. Seconded by Mr. White. Amendment failed 2 -5 with Mrs. Cater and Mr. Peotter casting the YES votes. Resolution No. 83 -11 -R as amended carried by unanimous voice vote. C. Coastal Zone Management(CZM Plan) Res. No. 83 -6 -R. Mr. White moved to adopt Resolution No. 83 -6 -R. Seconded by Mrs. Cater. Regular Session closed: Public Hearing opened: Glenn Seaman:(AUF &G, Habitat Div. /Anch.) We'd like to thank and commend the Kodiak Island Borough for developing the plan and feel that we are generally in support of the program. We feel that KIB ASSEMBLY MTG. - Jan. 6, 1983 rage 4 ) 1 1 2 1 I I I S there are many excellent policies in the plan. We'd like to recommend a few changes to some of the policies to make them a little bit more binding and therefore more enforceable by the State agencies. Mike Vivon:(U.S. Fish 8 Wildlife) Federal law basically states that you woT disturb nesting bald eagles. The Forest Service develop- ed the 300 foot guideline. Because of it's acceptance by the courts is considered an enforceable regulation. We are concerned that the people of the Borough be treated fairly enough that they are advised at every opportunity that this statute exists. Mry Kyle: (State Office /Coastal Management) We think that the stoma f,, the planning commission and the assembly has done a real good job in the plan of identifying issues that are of concern to Kodiak. If you are satisfied with the plan and feel that it represents what you want, we hope you will pass it on to us. Forrest Blau: Generally I do approve of the concept as a whole. Glenn Mathes: (Res. Bells Flats) As far as the wording in the document, I think the Borough Assembly should assume the position that they "shall" look at every aspect of this from eagle's nest to salmon streams. If the Borough doesn't adopt a policy where they take a firm stand on saving the resources that we all love, I see no sense in some kind of document like this. Public Hearing closed: Regular Session opened: Mr. Murray moved to delete the reference to the eagle's nest on page 4 -3 Addendum, to amend the section on page 5 -16 Public Hearing Draft by inserting the language "Development within 30 ft. elevation above mean sea level (100 -year recurrence at 1 percent probability event) shall be sited, designed, and constructed to mitigate the potential hazard." and finally amending page 5 -18 Public Hearing Draft to read "Harbor, small boat harbor, and marina designs shall include facilities for proper handling of sewage and refuse. Water channels should be interconnected to aid in maintaining water flushing action." Seconded by Mr. Peotter. Amendment carried by unanimous voice vote. Main motion as amended on Resolution 83 -6 -R carried by unanimous voice vote. VIII OLD BUSINESS A. Relocation of Karluk Teachers' Housing and School. (Tabled) Mr. Wakefield moved to remove from the table. Seconded by Mr. White. Motion carried by unanimous voice vote. Mr. Murray moved to approve the moving of the two structures for an amount not to exceed $89,000. Seconded by Mr. Arndt. Motion failed 2 -5 with Mrs. Cater and Mr. Wakefield casting the YES votes. B. Memo re: Service Dist. No. 1 Sewer and Water Improvements. Mr. Peotter moved to approve the additional 1,660 lineal feet of sewer line on Island Lake Road as an alternate. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. C. Addendum on Municipal Land Disposal Program. Mr. Murray moved to authorize Staff to enter into an Addendum to the contract with Arthur H. Whitmer Associates for an amount not to exceed $30,000 for the design of roads in the Dark Lake area indicated on the map overlay. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. D. Fire Truck Selection Mr. Murray moved to recommend that the Borough Staff and the Service Districts proceed with final negotiations with the top three firms including Gruman, Emergency I and Salsbury: Seconded by Mr. Arndt. Motion carried by unanimous voice vote. Nib HSStMbLY Phu. - pan. n, lac., Page 5 1 1 1." 1 1 1 5 IX MANAGER'S REPORT A. January Sessions 1. Thursday, Jan. 13, 1983 at 7:30 p.m. in Borough Conference Room with P & Z Comm.to review land disposal matters. 2. Thursday, Jan. 20, 1983 at 6:30 p.m. in Borough Conference Room as a Spec. Mtg. to ratify the Jan. 11 Monashka Bay Serv. Dist. election & make appointments to the Board. 3. Thursday, Jan. 20, 1983 at 7:30 p.m. in City Conference Room with City Council for joint work session. 4. Thursday, Jan. 27, 1983 at 7:30 p.m. in Borough Conference Room to review February packet. B. Other Business X NEW BUSINESS 1. Report on Wood Cutting Petition Information. 2. Authorization to hire an Appraiser II at range 18.5 D. Mr. Peotter moved to authorize the Manager to hire John Lucas as the temporary Appraiser II at range 18.5 D to work no later than June 30, 1983. Seconded by Mr. White. Motion carried by unanimous voice vote. A. Ratification of Election Judges & Setting Dates of Ratification. Mr. Peotter moved to ratify Lorna Arndt, June Juelson and Martha Randolph to be the election judges as recommended by the Clerk and set date of ratification for January 20, 1983. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. B. Ord. No. 83 -1 -0 Revising The Provisions Of Title 13 Of The KIB Code Pertaining To Meters. (1st Rdg.) Mr. Anderson moved to adopt Ordinance No. 83 -1 -0 in the first reading. Seconded by Mr. Peotter. Motion carried by unanimous voice vote. C. Ord. No. 83 -2 -0 Updating Title 3 Of The KIB Code To Include Periodic Review Of Fees For Services. (1st Rdg.) Mr. Peotter moved to adopt Ordinance No. 83 -2 -0 in the first 'reading. Seconded by Anderson. Motion carried by unanimous voice vote. D. Ord. No. 83 -3 -0 Determining Disposition Of Tax Foreclosure Property. (1st Rdg.) Mr. Anderson moved to adopt Ordinance No. 83 -3 -0 in the first reading. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. E. Ord. No. 83 -4 -0 Providing Issuance of 54,300,000 0.0. School Construction Bonds Of The Borough And Fixing Detail Of Said Bonds. (1st Rdg.) Mr. Wakefield moved to adopt Ordinance No. 83 -4 -0 in the first reading_ Seconded b Mr. Anderson. Motion carried y moo nan s voice vote. F. Res. No. 83 -1 -R To Effect Certain Budget Changes In The School (State Funded) Capital Projects Fund. Mr. White moved to adopt Resolution No. 83 -1 -R. Seconded by Mr. Peotter. Motion carried by unanimous voice vote. G. Res. No. 83 -2 -R To Effect Certain Budget Changes in the Capital Project Funds By Using Residual Funds. Mr. Peotter moved to adopt Resolution No. 83 -2 -R. Seconded by Mr. 1 '1 1) 1 , 1 Arndt. Motion carried by unanimous voice vote. H. Parks and Recreation Committee, By -Laws. Mr. Anderson moved to approve the Parks and Recreation By -Laws. Seconded by Mr. Arndt. Mr. Peotter moved to amend under ARTICLE IV - Membership, C. Absence from meetings and removal from office: item 2. by inserting the words regularly scheduled in the first sentence after the word "consecutive". Seconded by Mr. Arndt. Motion carried by unanimous voice vote. I. Deleted J. Ord. No. 83 -5 -0 Amending Portions Of Ch. 17.21 Of Borough Codes On B- Business Districts. (1st Rdg.) Mr. Anderson moved to adopt Ordinance No. 83 -5 -0 in the first reading. Seconded by Mr. Peotter. Motion carried by unanimous voice vote. K. Ord. No. 83 -6 -0 Rezoning Certain Lands Adjacent To The City Of Port Lions From C- Conservation To W- Watershed. (1st Rdg.) Mr. Wakefield moved to adopt Ordinance No. 83 -6 -0 in the first reading. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. L. Ord. No. 83 -7 -0 Amending Ch. 18.35 Of Borough Code On Trespass. (1st Rdg.) Mr. Anderson moved to adopt Ordinance No. 83 -7 -0 in the first reading. Seconded by Mr. White. Motion carried by unanimous voice vote. M. Res. No. 83 -3 -R Authorizing A Short -Term Lease At Onion Bay, Raspberry Island. Mr. White moved to adopt Resolution No. 83 -3 -R. Seconded by Mr. Murray. Motion failed by unanimous voice vote. Mr. White moved to allow Peter and Teresa Holm to stay on the Section 32, T24S, R24W, S.H. Kodiak Island Borough Alaska until the land sale. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. N. Res. No. 83 -4 -R Authorizing A Timber Sale On Tract C Of The Chiniak Subdivision. Mr. Peotter moved to adopt Resolution No. 83 -4 -R. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. 0. Ord. No. 83 -8 -0 Amending Title 8 Of The Borough Code On Health And Safety. (1st Rdg.) Mr. Anderson moved to adopt Ordinance No. 83 -8 -0 in the first reading. Seconded by Mr. Peotter. Motion carried by unanimous voice vote. P. Memo: Borough Building Remodeling Mr. Murray moved to authorize the Staff to prepare the documents for the remodeling of the computer room and adjacent areas for an amount not to exceed $50,000.: Seconded by Mr. Arndt. Motion carried by unanimous voice vote. Q. Report on Jr. High Remodeling 8 Auditorium Schematics Mr. Arndt moved to approve the design of the Junior High remodeling. Seconded by Mr. Peotter. Motion carried by unanimous voice vote. Mr. Murray moved to delay the acceptance of the Schematic Design and Educational Specifications on the auditorium pending an Architectural response to the. Assembly's desire to have alterna- Rib M SFMBLT Min - Jan. 6, 1983 Page 7 1 1 ? l I I i 7 Lives that would bring the auditorium within the master plan i.e. the difference between $10.7 million and $8.5. Seconded by Mr. Arndt. Motion carried 6 -1 with Mrs. Cater casting the NO vote. Rte. Authorizing Road Maintenance Agreement - Service District 1. Mr: Wakefield moved to approve Island Sand & Gravel, Inc. for the road maintenance this year for Service District 1. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. S. Authorizing Road Maintenance Agreement - Bells Flats Road Service District. Mr. Arndt moved to send the recommendation back to Bells Flats Service District, that they hold a meeting and make a formal recommendation once they obtain a quorum and in the mean time that the present contract be extended an additional thirty (30) days with the existing contractor to cover snow removal if necessary. Seconded by Mr. White. Motion carried by unanimous voice vote. T. Facility Coordinator's Report No action taken. U. Ord. No. 83 -9 -0 To Appropriate Certain Fixed Sums Of Money For The Jr. Nigh School Renovation Project. (1st Rdg.) Mr. White moved to adopt Ordinance No. 83 -9 -0 in the first reading. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. V. Ord. No. 83 -10 -0 Amending Class Title Job Description And Pay Range Of The Personnel Rules And Regulations. (1st Rdg.) Mr. Anderson moved to adopt Ordinance No. 83 -10 -0 in the first reading. Seconded by Mr. Murray. Motion carried by unanimous voice vote. W. Ord. No. 83 -11 -0 Revising Sections 16.04.130 and 16.28.020 Of The KIB Code Pertaining To The Definition Of Subdivision. (1st Rdg.) Mr. Anderson moved to adopt Ordinance No. B3 -11 -0 in the first reading. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. X. Res. No. 83 -5 -R Effecting Line Item Changes in FY 82 -83 Budget. ..Mr. White moved to adopt Resolution No. 83 -5 -R. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. Y. Res. No. 83 -7 -R Accepting Karluk Clinic Project. Mr. Wakefield moved to adopt Resolution No. 83 -7 -R. Seconded by Mn. Cater. Motion carried by unanimous voice vote. Z. Res. No. 83-8 -R Authorizing Receipt And Administration Of A $15,000 Bulk Fuel Feasibility /Design Engineering Study On Behalf Of The City Of Akhiok. Mr. Wakefield saved to adopt Resolution No. 83 -8 -R. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. aa. Res. No. 83 -9 -R Authorizing Receipt And Administration Of A Bulk Fuel storage Grant O R of Th IRA Council Of Karluk. Mr. Anderson moved to adopt Resolution No. 83 -9 -R. Seconded by Mr. Peotter. Motion carried by unanimous voice vote. bb. Res. No. 83 -10 -R Responding To Chevron U.S.A. Exploration Plan For 0CS Tract Y -0248 and Y -0249 In The Shelikof Strait. Mr. Wakefield moved to adopt Resolution No. 83 -10 -R. Seconded by Mr. White. Motion carried by unanimous voice vote. cc. Authorization For Professional Services Fcr Junior high 1 1) 1 2 , I 1 Remodel. No action taken. dd. Discussion Regarding Policy On Road Assessments. Delayed to the work session on Jan. 18, 1982. ee. Kodiak Island Hospital Financial Report - Nov. 1982 Mr. Murray moved to acknowledge receipt. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. ff. KIBSD Report of Revenues and Expenditures - Oct. 1982. Mr. Murray moved to acknowledge receipt of KIBSD Report of Revenues and Expenditures for Oct. 1982. Seconded by Mr. Arndt. Motion carried with no objection. gg. KIB Detailed Budget and Revenue Report - Dec. 1982 Mr. Murray moved to acknowledge receipt of the KIB Detailed Budget and Revenue Report for Dec. 1982. Seconded by Mr. Anderson. Motion carried with no objection. hh. Res. No. 83 -12 -R Requesting An Extension Of Alaska State Dept. Of Environmental Conservation Compliance Date For Bio -Dry Inc. at Kodiak, AK. Mr. Murray moved to adopt Resolution No. 83 -12 -R. Seconded by Mr. Arndt. Motion carried with no objection. XI MAYOR'S COMMENTS 1. I would just like to say that I think the Borough. Administration has been doing an excellent job. I just have a good feeling about the attitude and the work that is being done. 2. I have been feeling for a long time that on Shuyak, we ought to set some policies or I would like to see some kind of temporary cabin permit system come up. For people who want the remote ex- perience to get away from it. If we had a system where they wouldn't be getting a lease or getting ownership rights. 3. I'd like to congratulate the City on the boat harbor. 4. I have two meetings scheduled the week of the 24th through the 28th in Juneau. If anyone has any Suggestions as to visits I can pay to any department to get any information or prod around some- where let me know. XII ASSEMBLY COMMENTS Mr. Anderson: 1. I won't be here for the February meeting. I will leave on Jan. 16th and won't be back until the latter part of Feb. 2. Due to the scarcity of land and the cost of land, I think that the building height restrictions are too rigid in Kodiak. I would like to see staff study that a little bit and come up with some- thing that might be feasible for Kodiak. If Kodiak is going to expand and prosper, we're going to have to go with taller buildings in order for people to afford to build something. Mr. Wakefield: None Mrs. Cater: 1. I think that we are very lucky to have the efficient staff that we have. 2. I thought Mr. Wooten's report was excellent. It showed a thorough examination that was used in his presentation. Mr. White: 1. At the work session, there was mentioned some concern a ob ut�w:at the new assessments were going to be on the property. I looked at the file on my particular place and it came out fairly close to what I figured the real assessed value was cut there. I think staff is pretty much on line with the assessment. nid A ACiIbLi n ^l. - don. o, lyas 2. Also, it has been several months since Mr. Bulen made a proposal for dumpster service in the outlying areas. I think it was a good proposal. I would like to direct staff to come up with a funding soma to allow for potential trash collection in the next fiscal year. XIII AUDIENCE COMMENTS XIV ADJOURNMENT ATTEST: Mr. Arndt: None Mr. Murray: None Mr. Peotter: I would move that the Borough Assembly send representatives to Juneau to discuss with the Governor's office and Department of Education the funding alternative that we are proposing for the Junior High School. Seconded by Mr. Murray. Mr. Arndt moved to amend the motion to include that, if a meeting can be set up, we coordinate it with the time the mayor will be down there and that Mr. Murray, Mrs. Noreen Thompson and myself be the group to go. Seconded by Mr. Anderson. Amendment carried 5 -2 with Mrs. Cater and Mr. White casting the NO votes. The main motion as amended carried 6 -1 with Mrs. Cater casting the NO vote. Lorna Arndt: I disagree with moving the Near Island Bridge to Al under the Capital Project priorities. I think the Island Lake Water and Sewer project has been to the process a heck of a lot longer than the Near Island stuff. We're not going to benefit by it, just the City is going to rake in all the monies from it. Mr. Murray moved to adjourn. Seconded by Mr. Anderson. Mayor Herrnsteen adjourned the meeting at 11:27 pm. Borough Mayor rage