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1990-03-15 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting March 15, 1990 A regular meeting of the Kodiak Island Borough Assembly was held March 15, 1990 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:34 p.m. The invocation was given by the Reverend Mark Houglum of the St. Paul Lutheran, followed by the Pledge of Allegiance. There were present: Lorne White, Presiding Alan Austerman Mary Monroe Gary Stevens Bob Shuttlesworth Absent: Jack McFarland (Excused) Tom Merriman (Excused) comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Duane Dvorak, Acting Community Development Director Shirley Berns, Deputy Borough Clerk APPROVAL OF AGENDA AUSTERMAN, seconded by MONROE AUSTERMAN, seconded by MONROE WITHOUT OBJECTION, SO ORDERED VOTE ON MOTION AS AMENDED MOTION CARRIED CONSENT AGENDA moved to approve Agenda as submitted. moved to amend to withdraw the minutes of March 6, 1990. Unanimous Voice Vote The items on the consent agenda were read aloud by the Presiding Officer. AUSTERMAN, seconded by STEVENS moved to adopt consent agenda. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA CONSENT AGENDA Regular Assembly Meeting Volume XIII March 15, 1990 Page 72 Assemblyman Austerman requested Ordinance No. 90-13 be removed from consent agenda. VOTE ON MOTION MOTION CARRIED APPROVAL OF MINUTES None CITIZENS' COMMENTS A. Student of the Month Unanimous Voice Vote Mayor Selby presented the Student of the Month award to Hans Moody, a junior at Kodiak High School. B. Agenda Items Not Scheduled For Public Hearing Gordon Gould, Owner of Lot 2, Block 6, Elderberry Heights, 3rd Addition, addressed Ordinance No. 90-13 rezoning Lots 1 and 1, Block 6, and the unsubdivided portion of U.S. Survey 1396 from RR1-Rural Resi- dential One to Rl-Single-Family Residential. He requested it be defeated in first reading because after speaking with the three property owners involved, he said the developer could achieve what he desired with a variance and the property could still maintain RR1 zoning. Mr. Gould said he told Mr. Russell, the developer, that he would support a variance for lots on that side of Selief if the lots remain consistent at 15,000 sq. ft. to 17,000 sq. ft. Ken Peiooras, Owner of Lot 1, Block 6, Elderberry Heights, 3rd Addition, concurred with Mr. Gould's comments and requested the zoning remain Rural Residential One. Lee Russell, Owner of unsubdivided portion of U. S. Survey 1396, requested Ordinance No. 90-13 be defeated in first reading and concurred with the statements of his neighbors. COMMITTEE REPORTS Assemblyman Stevens said the K.I.B. School District Budget Review Committee had completed their review of the budget. The budget would go to the School Board on March 19, 1990 and would be coming to the assembly shortly after that date. Wayne Coleman, P&Z representative, reported that a discussion had been held at the P&Z meeting about the Regular Assembly Meeting March 15. 1990 APPROVAL OF MINUTES CITIZENS' COMMENTS STUDENT OF THE MONTH AGENDA ITEMS NOT SCHEDULED FOR PUBLIC HEARING COMMITTEE REPORTS Volume XIII Page 73 zoning request on Selie£ Lane (Ordinance No. 90-13) and the P&Z Commission had decided they would be amenable to a variance action instead of the rezone. A. Appointments to Woodland Acres Street Light Service Area Commission. STEVENS, seconded by AUSTERMAN VOTE ON MOTION MOTION CARRIED PUBLIC HEARING moved to appoint Bob Hatcher, Barbara Heinrichs, and Sharon Nault to the Woodland Acres Street Light Service Area Commission. Unanimous Voice Vote A. Ordinance No. 90-06 Determining the Disposition of Tax Foreclosure Properties. Presented for second reading and public hearing was Ordinance No. 90-06 which would retain for public use the listed foreclosed properties which were not redeemed prior to the March 8, 1990 expiration of the redemption period. AUSTERMAN, seconded by SHUTTLESWORTH AUSTERMAN, seconded by SHUTTLESWORTH VOTE ON MOTION TO AMEND MOTION CARRIED move to adopt Ordinance No. 90-06. move to amended Ordinance No. 90-06 to add property description. Unanimous Voice Vote The presiding officer called for public testimony, there being none, the assembly was reconvened. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: MOTION CARRIED Regular Assembly Meeting March 15, 1990 Austerman, Monroe, Shuttlesworth, Stevens, White None Unanimous APPOINTMENTS TO WOODLAND ACRES STREET LIGHT SERVICE AREA COMMISSION PUBLIC HEARING ORDINANCE NO. 90-06 Volume %III Page 74 B. Ordinance No. 90-08 Transferring Hospital ORDINANCE Operating Funds into a Hospital Construction NO. 90-08 Fund. Presented to the assembly for second reading and public hearing was Ordinance No. 90-08 which would transfer $2,000,000 in K.I.B. funds now held in Fargo, North Dakota by Lutheran Homes back to a local Kodiak Island Borough account. AUSTERMAN, move to adopt Ordinance seconded by MONROE No. 90-08. The presiding officer called for public testimony. John Salness, K.I.H. Hospital Administrator, requested adoption of Ordinance No. 90-08 because the hospital had to show the state of Alaska that the money was there and the borough was willing to commit it. He explained that the funds came from the state of Alaska to the hospital through a revenue sharing program which passed through the borough. He said for years the hospital had been setting aside this money for new equipment and a new hospital. The presiding officer closed the public hearing and reconvened the assembly. Assemblyman Austerman asked if this money was being held by Lutheran Homes in Fargo, North Dakota and inquired about the total amount of the funds. In response to a question from Assemblyman Austerman, Mayor Selby said the fund amounted to approximately two million dollars and there was no budgeted expenditure against the funds. The money was being put into the account so it would show in the financial report that the Kodiak Island Borough had funds earmarked toward construction of the hospital. This was important in discussions with the state of Alaska with regard to matching funds. Mayor Selby gave a brief history of the fund and the use of the interest from this fund by the hospital. The presiding officer said the borough was attempting to show the state of Alaska that they were interested enough in the project to put local money behind it, but added the project was too large for the borough to handle alone. He said the Hospital Advisory Board supported adoption of the Ordinance. Regular Assembly Meeting Volume XIII March 15, 1990 Page 75 VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED C. Ordinance No. Island Borough Regulations by Monroe, Shuttlesworth, Stevens, Austerman, White None Unanimous 90-09 Amending the Kodiak Personnel Rules and Adding Job Descriptions. Presented for second reading and public hearing was Ordinance No. 90-09. If adopted, this ordinance enacts job descriptions for two new positions, Staff Assistant/Personnel Office and Engineering/Facilities Director and would set the salary for those positions. MONROE, seconded by STEVENS move to adopt Ordinance No. 90-09. •The presiding officer called for public testimony, there being none, the assembly was reconvened. Assemblymember Monroe listed the job descriptions as being the Staff Assistant/Personnel Director and the Engineering/Facilities Director. VOTE ON MOTION TO ADOPT Ayes: Noes: Shuttlesworth, Stevens, Austerman, Monroe, White None MOTION CARRIED Unanimous D. Ordinance No. 90-10 Adopting Kodiak Island Borough Fiscal Policy. Presented for second reading and public hearing was Ordinance No. 90-10 which would codify the fiscal management procedures currently used by the Kodiak Island Borough. STEVENS, move to adopt Ordinance seconded by SHUTTLESWORTH No. 90-10. The presiding officer called for public testimony, there being none, the assembly was reconvened. Regular Assembly Meeting March 15. 1990 ORDINANCE NO. 90-09 ORDINANCE NO. 90-10 Volume %III Page 76 At Assemblyman Austerman's request, Mayor Selby said this ordinance put on paper the general operating procedures of the Kodiak Island Borough which had been used for some time. This was being done with an eye to audit review and review by the Government Financial Officers Association about the financial management capabilities of the Kodiak Island Borough. Assemblyman Stevens said since there were no changes in the way the borough conducted business, he thought it was time to get the procedures on the record. He applauded Bryce Weeks, K.I.B. Financial Director, for his efforts in writing the ordinance. VOTE ON MOTION TO ADOPT Ayes: Noes: Stevens, Austerman, Monroe, Shuttlesworth, White None MOTION CARRIED Unanimous MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby said he would be succinct tonight in view of the number of people present who would like to hear the gubernatorial candidates speak. He said the borough was continuing to move ahead with the oil spill clean up efforts but had been meeting with a certain amount of frustration from various state agencies. He hoped through perseverance, people would be on the beaches soon. OLD BUSINESS OLD BUSINESS A. NOTICE OF INTENT TO RECONSIDER Ordinance NOTICE OF INTENT No. 90-11 Establishing Pasagshak Road Service TO RECONSIDER Area. ORDINANCE NO. 90-11 MONROE, moved to reconsider seconded by STEVENS Ordinance No. 90-11. Assemblyman Stevens said since the time the intent to reconsider had been given, the assembly had come to the realization that it would be impossible to enact the ordinance. He quoted from a letter of opinion indicating that since there were no voters residing in the area, all the owners of real property in the proposed service area had to consent in writing to revision of services within the proposed service area. He noted that since there was opposition to Regular Assembly Meeting Volume XIII March 15, 1990 Page 77 establishing this service area, he felt it was a futile project. VOTE ON MOTION TO RECONSIDER Ayes: Noes: MOTION FAILED NEW BUSINESS A. BID AWARDS None B. RESOLUTIONS None Austerman, Monroe, Shuttlesworth, Stevens, White 0 Ayes, 5 Noes 1. Resolution No. 90-21 Opposing Senate Bill 446 and House Bill 489 Relating to Municipalities and the Care and Responsibility of Prisoners. This item was approved under the "Consent Agenda." NEW BUSINESS BID AWARDS 104401911001U0 RESOLUTION NO. 90-21 2. Resolution No. 90-22 Requesting that the RESOLUTION Senate Amend SJR 5 and that the Legislature NO. 90-22 Provide for Protection, Equity and Fairness for Programs that affect Municipalities and Local Taxpayers in Adopting a Spending Limit Resolution. This item was approved under the "Consent Agenda." C. ORDINANCES FOR INTRODUCTION ORDINANCES FOR INTRODUCTION 1. Ordinance No. 90-13 Rezoning Lots 1 and 2, Block 6, Elderberry Heights Subdivision ORDINANCE Third Addition and an Unsubdivided portion NO. 90-13 of U.S. Survey 1396 FROM RR1-Rural Residential One TO R1--Single-Family Residential. AUSTERMAN, seconded by STEVENS moved to adopt Ordinance No. 90-13 in first reading. Assemblyman Austerman said based on testimony given during Citizens' Comments that he favored defeating this ordinance. Regular Assembly Meeting Volume XIII March 15, 1990 Page 78 VOTE ON MOTION Ayes: Noes: MOTION FAILED None Monroe, Shuttlesworth, Stevens, Austerman, White 0 Ayes, 5 Noes 2. Ordinance No. 90-14 Establishing Various ORDINANCE Fees Related to Subdivision of Land. NO. 90-14 This item was previously approved in first reading under the "Consent Agenda." D. OTHER ITEMS OTHER ITEMS 1. Approval of Election By -Mail Regulations APPROVAL OF ELECTION BY -MAIL REGULATIONS STEVENS, moved to approve seconded by MONROE Election By -Mail Regulations. At Presiding Officer White's request, Mayor Selby explained these regulations emulated from the by -mail voting ordinance which the assembly approved. The intent was to spell out very clearly for the election workers the rules to apply when determining whether a ballot should be counted or not counted. He said the regulations contained in the ordinance were basically the administrative regulations that implemented it. Assemblyman Stevens noted that the assembly had passed Ordinance No. 90-07 (By -mail Elections) earlier with the hope of obtaining a greater level of participation from the voters. Assemblymember Monroe added that there were similar procedures for conducting regular elections. A discussion followed among the assemblymembers about the regulations. VOTE ON MOTION Ayes: Shuttlesworth, Stevens, Austerman, Monroe, White Noes: None MOTION CARRIED Unanimous Regular Assembly Meeting Volume XIII March 15. 1990 Page 79 2. Appointment of Election Judges AUSTERMAN, moved to approve seconded by MONROE Election Judges for May 1, 1990 Special Election. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS 1. Gear Storage Task Force Minutes of CITIZENS' COMMENTS ASSEMBLYMEN'S COMMENTS Assemblyman Austerman asked the mayor to clarify how the borough was able to use land sale money to build roads when the borough did not have road powers. Mayor Selby explained the rational used was some of the land sale proceeds came from the lots and the land sale occurred before the borough could upgrade the roads to met borough code. He said it was Regular Assembly Meeting March 15, 1990 APPOINTMENT OF ELECTION JUDGES INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS ASSEMBLYMEN'S COMMENTS Volume x111 Page 80 January 3, 1990. 2. K.I.B. Planning and Zoning Commission Regular Meeting of January 17, 1990 and February 21, 1990. 3. Monashka Bay Road Service District Advisory Board Meetings of January 26, 1990, February 12, 1990, and February 23, 1990. 4. K.I.S. Hospital Advisory Board Regular Meeting of January 10, 1990 and January 17, 1990. 5. K.I.B. School District Regular Meeting of January 22, 1990 and Special Meeting of February 5, 1990. 6. Service District No.l Advisory Board Regular Meeting of December 19, 1989. 7. K.I.B. Mental Health Center Advisory Board Regular Meeting of September 25, 1989; October 23, 1989; October 30, 1989; November 27, 1989; Work Session Notes of Meeting on December 11, 1989; and January 22, 1990. B. REPORTS C. OTHER CITIZENS' COMMENTS ASSEMBLYMEN'S COMMENTS Assemblyman Austerman asked the mayor to clarify how the borough was able to use land sale money to build roads when the borough did not have road powers. Mayor Selby explained the rational used was some of the land sale proceeds came from the lots and the land sale occurred before the borough could upgrade the roads to met borough code. He said it was Regular Assembly Meeting March 15, 1990 APPOINTMENT OF ELECTION JUDGES INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS ASSEMBLYMEN'S COMMENTS Volume x111 Page 80 appropriate to take some of the proceeds from the sale of the lots along those roadways to upgrade the roads to meet borough code. Presiding Officer White agreed that the borough did not have road powers but that like any subdivider, roads were required to be provided to the lots and the logical place for the borough to get the money for these roads was from the land sale fund. Assemblyman Austerman suggested the borough follow through on seal coating Selief Lane so it would not fall into the same condition as Rezanof Avenue. Also, Assemblyman Austerman said Tim Ward of Port Lions had withdrawn from the Alaska Coastal Policy Council and requested the borough submit his name in nomination to fill the seat. STEVENS, seconded by SHUTTLESWORTH VOTE ON MOTION moved to recommend Alan Austerman be nominated to fill the seat on Alaska Coastal Policy Council. MOTION CARRIED Unanimous Voice Vote Assemblyman Stevens spoke about the confusion in the community over the consolidation issue and thought part of it stemmed from the election which took place three years ago. He read the 1987 ballot proposition asking if a committee should be established to investigate the advantages and disadvantages of consolidation. He said people tended to forget how strongly the proposition passed. He explained the steps taken by the borough since the 1987 election and said the assembly had to respect the will of the people to vote on this issue. He read the names of the 24 candidates who were running for the Charter Commission and thanked them for their willingness to serve. There being no further business to come before the assembly, the meeting adjourned at 8:35 p.m. e iding Officer ATTEST: B rou h lerk Regular Aaeembly Meeting Volume XIII March 15, 1990 Page 81