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01/21/1988KODIAK ISLAND BOROUGH Regular Assembly Meeting January 21, 1988 A regular meeting of the Kodiak Island Borough Assembly was held January 21, 1988 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:32 p.m. (A verbatim record is on file in the Clerk's office) The invocation was given by the Reverend Mark Houglum of St. Paul Lutheran Church, followed by the Pledge of Allegiance. There were present: ROLL CALL Lorne White, Presiding Ann Barker Jack McFarland comprising a quorum of the assembly; and BARKER, seconded by STEVENS Alan Austerman Ken Gregg Wayne Stevens Absent: Tom Merriman (Excused) Jerome Selby, Borough Mayor Linda Freed, Community Development Director Gaye Vaughan, Borough Clerk APPROVAL OF AGENDA APPROVAL OF AGENDA STEVENS, moved to approve agenda as seconded by GREGG submitted. WITHOUT OBJECTION, SO ORDERED car AGENDA CONSENT AGENDA GREGG, moved to approve consent seconded by BARKER agenda. The items on the consent agenda were read aloud by the Borough Clerk. MOTION CARRIED Unanimous Voice Vote APPROVAL OP MINUTES APPROVAL OF MINUTES A. K.I.B. Assembly Regular Meeting of January 7, 1988. This item was previously approved under the "Consent Agenda." CITIZEN'S COMMENTS CITIZEN'S COMMENTS None cascrrrisz RIMS= COMMITTEE REPORTS Robin Heinrichs, Planning and Zoning Commission, reported on two conditional use mining permits on Tugidak and Sitinak Islands which were discussed at the January 20, 1988 P&Z meeting. He said the Tugidak Island permit was tabled pending further infor- mation. The mining permit for Sitkinak Island was given preliminary approval with eighteen conditions of approval, he noted. A. Appointment To Womens Bay Service District Board. MOTION CARRIED Unanimous moved to appoint John Burt to Womens Bay Service District Board. KIBS103623 REGULAR MEETING APPOINTMENT TO WOMENS BAY SERVICE DISTRICT BOARD Kodiak Island Borough Regular Assembly Meeting PUBLIC HEARING PUBLIC HEARING A. Resolution No. 88 -01 -R Increasing Garbage Collection And Disposal Rates. GREGG, moved to remove from table seconded by STEVENS Resolution No. 88 -01 -R. VOTE ON MOTION TO REMOVE FROM TABLE MOTION CARRIED Unanimous Voice Vote The presiding officer called for public testimony. Glenn Dick, a borough resident and business owner, stated that before required garbage pickup no one in his neighborhood had a dumpster and the area was free of garbage. At that time, he explained he took his garbage to the dumpster at his place of business as did his employees and other unknown persons. He felt this was an efficient way of handling the garbage problem. He preferred the way it used to be with an open landfill rather than increasing garbage rates. John Parker spoke against the resolution and questioned the reason why operation costs could have been so greatly miscalculated. He felt his business dumpster cost would be increased twenty percent. He urged the assembly to study this problem in depth and make sure another increase would not come in three to six months. Marion Stirrup said she did not generate much garbage and inquired about recycling. She said other communities have effec- tive methods of recycling and offered to study the problem for the borough because she felt recycling was important. Assemblyman McFarland responded that recycling had been addressed several times by the borough and said he thought recycling would occur in phase two or three of the baler facility planning. Louis Lowenbere, twenty year Kodiak resident, citing his own figures, stated that it costs him 7 1/2 times as much for curb service as it cut hie to haul his own garbage. Under the new rate structure, the cost would be 5.4 times the rate for hauling his own garbage. He offered suggestions regarding the collection of garbage and urged the assembly not raise the rates without adequate justification. Joe Jensen felt curb service rate was quite high and spoke in opposition to the resolution. He inquired as to the cost of the Coast Guard dumping at the borough landfill. In response to Mr. Jensen, Mayor Selby responded that the Coast Guard pay the same tipping fee per truckload as anyone else using the baler facility. He further explained it was not an extra cost problem but rather a shortfall of not enough revenue being generated based on a projection by the consultants prior to the opening of the facility of how many loads of garbage would be delivered. Jim Fisk, general manager for Alaska Delta (baler facility ,Jtad that dtapisly Lae are eased un pen cruckivad. He stated the trucks being used to haul garbage were different sizes thereby causing inequities and felt the rates should be based on ,a per ton basis. He reviewed the history of the land- fill and establishment of the baler facility. He pointed out to the assembly that dumpster use was being abused and raising rates was only putting a Band -Aid on the problem. He urged the assem- bly to ride with current rates and rebid the collection contract next year. KIBS103624 January 21, 1988 Page 9 RESOLUTION NO. 88 -01 -R Kodiak Island Borough Regular Assembly Meeting The presiding officer closed the public hearing and reconvened PUBLIC HEARING the assembly. Assemblymember Barker thought the assembly should look into RESOLUTION weighing the garbage to solve the equity problem. Also, she NO. 88 -01 -R thought contractors should be required to have dumpster service (continued) at building sites. Assemblyman McFarland agreed with the foregoing statements and thanked the audience for their enlightening testimony. Assemblyman Stevens concurred with the recycling suggestion and countered one individual's comment regarding Kodiak's population remaining static for the past ten years. He thought the assembly should consider installing a scale at the baler facility. Assemblyman Austerman thanked the public for their testimony on the garbage problem and said he thought items like this should be handled as an ordinance rather than a resolution. Assemblyman Gregg questioned the mayor with regards to the current contract and stipulations relating to per ton charges. Mayor Selby responded rates were based on a per truckload basis. During the discussion that followed, Mayor Selby suggested the addition of an item "2 -f" be added to the resolution. STEVENS, seconded by BARKER BARKER, seconded by MCFARLAND VOTE ON MOTION TO TABLE Ayes: January 21, 1988 moved to amend Resolution 88 -01 -R to add "2 -f" as follows: "Every building permit issued for work which will generate refuse shall require placement of commercial dumpster before the permit will be issued. Removal of the dumpster before completion of the structure shall result in an immediate stop work order." Assemblyman McFarland thought amending the resolution at this point might be a little premature. He felt the suggested amendment could be analyzed along with other things. Assemblyman Austerman concurred with Assemblyman McFarland's assessment. With the approval of his second, Assemblyman Stevens withdrew his motion. moved to table Resolution No. 88 -01 -R to February 18, 1988 meeting. Austerman, Barker, Gregg, McFarland, Stevens, White Noes: None MOTION CARRIED Unanimous The presiding officer called for a five minute recess. The presiding officer reconvened the assembly. B. Resolution No. 88 -06 -R Authorizing The Mayor To Enter Into Negotiations For Contracts With The City Of Old Harbor For School Construction. KIBS103625 Page 10 RESOLUTION NO. 88 -06 -R Kodiak Island Borough Regular Assembly Meeting STEVENS, seconded by GREGG moved to authorize the mayor PUBLIC HEARING to enter into negotiations for contracts with the City of Old Harbor for School RESOLUTION Construction. NO. 88 -06 -R (continued) The presiding officer called for public testimony, there being none, the assembly was reconvened. At the request of Assemblyman McFarland, Mayor Selby reported on the success of the school construction in both Port Lions and Larsen Bay. He said the local individuals who were working on the projects exhibited pride in their work and reaction to the projects was favorable. He pointed out the borough would have good solid buildings which would be completed approximately on time. He also said the management firms for the two school projects were making sub- contracting work which could not be done by village workmen, available to Kodiak contractors first before going to Anchorage. Robin Heinrichs PAZ Commissioner, reported that he had toured the construction site in Port Lions and was impressed with the spirit of cooperation between the contractor and the local people. He said the local craftsmen were being well utilized and the craftsmen displayed pride in their work. He felt the community had the sense they were building the school themselves and he encouraged the assembly to look favorably upon similar projects in the future. A discussion followed between the assemblymembers and Mayor Selby regarding the school projects. VOTE ON MOTION Ayes: Barker, Gregg, McFarland, Stevens, Austerman, White Noes: None MOTION CARRIED Unanimous C. Ordinance No. 87 -37-0 Rezoning A 17,374 Square Foot Portion Of Lot 10, Block 2, Lakeside Subdivision From PL-- Public Use Lands To I-- Industrial. (Located between Municipal Airport and Lots 1 through S, Block 2, Lakeside Subdivision) GREGG, moved to remove from table seconded by STEVENS Ordinance No. 87 -37 -0. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote The presiding officer called for public testimony. Gerald Cloudy spoken in opposition to rezoning the area and said he didn't want the assembly to do away with the green belt concept. The presiding officer closed the public hearing and reconvened the assembly. Assemblyman Austerman said he looked at the area and saw no need for a rezone since there was considerable industrial land in the area now. Assemblyman Stevens inquired whether an individual who owned land on Selief Lane abutting the airport could apply to the Planning and Zoning Commission for an exception to the green belt buffer zone to tie down an airplane. January 21, 1988 KIBS103626 Page 11 ORDINANCE NO. 87 -37 -0 Kodiak Island Borough Regular Assembly Meeting Linda Freed said each request would have to be looked at on a case by case basis. She said if it was the intent of the assembly to allow the vegetation to grow back, it would give direction to the P&Z Commission if the assembly had a consensus when they voted. VOTE ON MOTION TO ADOPT Ayes: None Noes: Gregg, McFarland, Stevens, Austerman, Barker, White MOTION FAILED Unanimous MBSSAGBS PROM TUX BOROUGH MAYOR Mayor Selby expressed his sympathy to those residents who lost friends or loved ones in the various fishing tragedies which occurred during the past week in Kodiak. Authorization was requested by the mayor to go to bid on a sprinkler system for the Bayside Fire Station. He reminded the assembly that last June $10,000 had been appropriated for a sprinkler system with a proviso that the fire district match it. The fire district agreed to match the money and has requested the bids be sent out, he said. AUSTERMAN, seconded by MCFARLAND VOTE ON MOTION Ayes: Noes: None MOTION CARRIED Unanimous moved to authorize adver- tisement for bids for sprinkler system for Bayside Fire Station. McFarland, Stevens, Austerman, Barker, Gregg, White Mayor Selby reported that the Southwest Municipal Conference was held in King Salmon last weekend with several members of the assembly as well as himself attending. He felt it was a good meeting and said several excellent resolutions were adopted especially those affecting the fishing industry. He reported that a grant application had been submitted to the Federal Aviation Administration for airport improvement money for the construction of the heliport on Spruce Cape; and, also, an application had been made to Community and Regional Affairs for funding for the Chiniak Tsunami Safe Site which is to be located behind the Chiniak School. ow BUSINESS The presiding officer recessed the assembly and convened the Board of Adjustment. A. An appeal of a Planning and Zoning Commission decision . to place conditions on granting preliminary approval of a subdivision of Alaska State Land Survey No. 86 -136, Terror Lake Hydroelectric Project subject to condi- tions. (Appellant: State of Alaska, Department of Natural Resources, Division of Land and Water Management) GREGG, moved to remove from table seconded by MCFARLAND Board of Adjustment. January 21, 1988 KIBS103627 Page 12 PUBLIC HEARING ORDINANCE NO. 87 -37 -0 (continued) MESSAGES FROM MAYOR AUTHORIZE ADVERTISE MENT FOR BID FOR SPRINKLER SYSTEM - BAYSIDE FIRE STATIC OLD BUSINESS BOAitu uF ADJUSTMENT TERROR LAKE APPEAL BY STATE OF ALASKA Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO REMOVE FROM TABLE MOTION CARRIED STEVENS seconded by AUSTERMAN moved to uphold P&Z TERROR LAKE APPEAL decision and adopt Findings BY STATE OF ALASKA of Fact. (continued) Assemblyman Stevens explained there were five findings of fact which had been adopted by the Planning and Zoning Commission to support their decision. He proceeded to read the findings of fact. OLD BUSINESS Unanimous Voice Vote BOARD OF ADJUSTMENT Mayor Selby refreshed the assembly's memory regarding the issue at hand about whether the State of Alaska should foot the expense of plating the easements now as part of the cost of developing the property or force individual Land owners to plat the ease- ments at some future date. Assemblyman Gregg reiterated his feelings regarding the meaning of the word "contiguous" and said he had no problems with P &Z's findings of fact. A discussion followed between the assemblymembers and Linda Freed, Community Development Director. VOTE ON MOTION Ayes: Stevens, Barker, McFarland Noes: Austerman, Gregg, White MOTION FAILED 3 Ayes, 3 Noes The presiding officer called a five minute recess. The presiding officer reconvened the Board of Adjustment. STEVENS moved to uphold P &Z seconded by BARKER decision. VOTE ON MOTION Ayes: Barker, McFarland, Stevens, White Noes: Austerman, Gregg MOTION CARRIED 4 Ayes, 2 Noes STEVENS moved to adopt P &Z seconded by BARKER Findings of Fact. VOTE ON MOTION Ayes: Barker, McFarland, Stevens, White Noes: Austerman, Gregg MOTION CARRIED 4 Ayes, 2 Noes The presiding officer recessed the Board of Adjustment and reconvened the assembly. NEN BUSINESS A. BID AWARDS None KIBS103628 January 21, 1988 Page 13 NEW BUSINESS BID AWARDS Kodiak Island Borough Regular Assembly Meeting B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 88 -05 -R Identifying The Kodiak Regional Aquaculture Association As The Managing Agent For The Karluk Lake Fertilization Project. This item was previously approved under the "Consent Agenda." MCFARLAND moved to adopt Resolution seconded by STEVENS No. 88 -07 -R. Assemblyman Gregg referred to the events of the past week and said the Coast Guard needed full funding to perform their duties. Assemblyman Stevens encouraged all members of the community to send a public opinion message to their congressman or other individuals who have the power to change the 100 million dollar cut in Coast Guard funding. Assemblyman McFarland said it was time to open the door and set a policy that allowed people to see Kodiak as an "arms" open community and interested in different options. Mayor Selby read the economic development policy for the listening audience and said the assembly should take credit for having the foresight to say the borough needed to get active rather than sitting back complacently waiting for something to happen. VOTE ON MOTION TO ADOPT MOTION CARRIED. Unanimous Voice Vote C. ORDINANCES FOR INTRODUCTION This item was previously approved in first reading under the "Consent Agenda." D. OTHER ITEMS None INFORMATIONAL e*nnnLs (No action required) A. MINUTES OF OTHER MEETINGS RESOLUTION NO. 88 -05 -R 2. Resolution No. 88 -07 -R Urging Restoration Of The RESOLUTION FY 87 Funding Level For The United States Coast NO. 88 -07 -R Guard. VOTE ON MOTION TO ADOPT MOTION CARRIED Unanimous Voice Vote 3. Resolution No. 88 -08 -R Adopting An Economic RESOLUTION Development Policy. NO. 88 -08 -R BARKER, moved to adopt Resolution seconded by AUSTERMAN No. 88 -08 -R. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 88 -04 -0 Amending The Personnel Rules And Regulations Affecting Job Descriptions In All ORDINANCE Departments. NO. 88 -04 -0 OTHER ITEMS INFORMATIONAL MATERIALS MINUTES OF OTHER 1. K.I.B. Planning And Zoning Commission Regular MEETINGS Meeting of December 16, 1987. B. REPORTS REPORTS 1. K.I.B. Financial Report for December, 1987. C. OTHER OTHER KIBS103629 January 21, 1988 Page 14 Kodiak Island Borough Regular Assembly Meeting CITIZENS' COMMENTS None ASSF7IBLTNEN'S COMMITS Assemblyman Austerman said he had a problem attending the school budget review and teacher negotiations meetings on three nights a week and assembly meetings one night a week. He asked to be relieved of one of the responsibilities. Assemblyman Stevens inquired about the Personnel Board's recom- mendations regarding borough positions. He also asked if the members selected to serve on the Shelter for the Homeless Committee at the last joint city /borough work session should be appointed officially. STEVENS, seconded by GREGG VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote Assemblyman White spoke about House Bill 330 regarding refunding of fisheries tax to local government and said the distribution would be changed and could cost the borough $400,000 if the bill was approved. He asked if the assembly was interested in taking a position in opposition to the bill. Mayor Selby said there had been success in having the bill amended by the committee to where it now reads: "A borough may if it wishes pass some parts of those funds back to the city where the cannery is located." He said basically the distribution doesn't change. Assemblyman White was also concerned that garbage fees were eating into the fund balance in order to keep the garbage service afloat. He said there were other community needs that needed to be funded. He hoped the assembly would make a decision on the garbage fees soon. He said on January 27, 1988 the assembly would travel to Port Lions and Larsen Bay to visit school construction sites and on January 23, 1988 the assembly would meet to discuss goals and objectives. The next assembly work session would be held on January 28, 1988 in a joint meeting with the school board. ADJOURNMENT ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 9:55 p.m. ATTEST: 5 9,. ,G. \.■ Borough elark -a moved to appointment Lonnie APPOINTMENTS TO White, Jim Ramaglia, Francis SHELTER FOR HOMELES Cater, and Brian Connors to COMMITTEE the Shelter for Homeless Committee. KIBS103630 1 do hereby certify that dds is a tree and correct copy el the original on file in the office of the Kodlak Island Borough Clerk ,.,e . _ e, of _ .. January 21, 1988 Page 15 C T'vcNS' CZNM NTS ASSEMSLY`^.EN'5 COMMENTS