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