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1990-10-04 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting October 4, 1990 A regular meeting of the Kodiak Island Borough REGULAR MEETING Assembly was held October 4, 1990, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by the Reverend Mike Green of the Community Baptist Church, followed by the Pledge of Allegiance. There were present: ROLL CALL Lorne White, Presiding Suzanne Hancock Jack McFarland Mary Monroe Gary Stevens Bob Shuttlesworth absent: Tom Merriman (excused) comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Gaye J. Vaughan, Borough Clerk Donna F. Smith, Deputy Borough Clerk APPROVAL OF AGENDA APPROVAL OF AGENDA STEVENS, moved to approve agenda seconded by McFARLAND as submitted. HANCOCK, moved to remove seconded by McFARLAND Ordinance No. 90-26 from the agenda. VOTE ON MOTION TO AMEND MOTION CARRIED Unanimous voice vote VOTE ON MOTION TO APPROVE AS AMENDED MOTION CARRIED Unanimous voice vote CONSENT AGENDA CONSENT AGENDA The items on the consent agenda were read aloud by the Borough Clerk. Regular Assembly Meeting Volume %III October 4. 1990 Page 194 SHUTTLESWORTH, seconded by STEVENS VOTE ON MOTION MOTION CARRIED moved to adopt consent agenda. Unanimous Voice Vote APPROVAL OF MINUTES APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of September 20, 1990. This item was previously approved under the "Consent Agenda." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS A. Proclamations PROCLAMATIONS Mayor Selby read a proclamation declaring October 1990 Domestic Violence Awareness Month. Joanne Brodie accepted the proclamation. Betts Johnson accepted the proclamation Mayor Selby read celebrating the Centennial Jubilee of the National Society Daughters of the American Revolution. The State Vocational Rehabilitation Center representative, Georgia Quaccia, accepted the proclamation the Mayor read declaring October 1990 as Disability Employment Month. B. Employee of the Month EMPLOYEE OF THE MONTH Mayor Jerome Selby presented the Employee of the Month award to Sharon Nault, Receptionist. CITIZENS' COMMENTS CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing B. Items Other Than Those Appearing on the Agenda Scott Arndt, a member of the Fire District No. 1 Advisory Board, referred to the work session where he had spoken with the assembly regarding the fire district's billing to the borough for compensation on the use of the fire equipment to extinguish a fire at the landfill. Although assemblymembers felt the appropriate time to discuss this was in a work session because more research was needed, Mr. Arndt continued speaking about the issue. He stated the district had received Regular Assembly Meeting Volume %III October 4, 1990 Page 195 payment for the man-hours but not the hourly rate for equipment, for which he had made very clear to the mayor the district would expect compensation. He explained the hourly rates on the equipment are exactly the same as charged to the State Forestry Service for wildland fires. He said Fire District No. 1 would not be party to subsidizing the landfill operation. He said there was a balance owing of $13,750 for which the fire district had not received notification that it would not be paid. He stated the fire district would no longer respond to fires at the baler until this issue was resolved and a contract similar to the state was established. Assemblymembers agreed Mr. Arndt had some good valid points and some contentions were well based but felt it needed to be taken into work session for consideration, review of ownership of equipment and future situations that could occur. Presiding Office White told Mr. Arndt the assembly would meet with the board at the next work session. Mayor Selby clarified that the service district was an extension of the borough and an advisory board to the assembly per Title 29. Mike Rasmussen commented on Fire District No. 1 by saying he did not believe taxes paid to support the fire district should be used to fight fires outside the district. He also spoke to the bill he received for water and sewer service hook up and he felt it was too much. Regarding the purchase of land for a school, he suggested that a trade might be in order rather than a purchase. Also, he would like the assembly to review the billings from the finance office on utility inspections, especially the charge for overtime and doubletime rates for the borough inspector. John Shank, Chairman of Fire District #1 Hoard, supported Mr. Arndt's statements. He said that, as a taxpayer, he had a problem supporting baler facility with tax dollars. Charles Lorenson, secretary of Fire District #1 Hoard, expressed his desire to see the landfill fire issue resolved. Scott Arndt spoke to Resolution No. 90-61 that authorized the disposal of property for less than fair market value to a public broadcasting corporation. He understood that it was in the area of the dormitories and borough building and cautioned Regular Assembly Meeting Volume %III October 4, 1990 Page 196 disposal other than a lease so this area would be available for expansion of the high school campus in the future. Kellie Law, representing Kodiak Public Broadcasting Corporation, commented that it was not uncommon for a public radio facility, which was educational in basis, to be co -located with high school facilities, colleges, and universities. COMMITTEE REPORTS Jon Asogren, P&Z representative, commented on the constructive joint meeting with the assembly last week. PUBLIC HEARING A. Ordinance No. 90-23 Renaming Sean Circle to Shearwater Circle. Presented for consideration was Ordinance No. 90-23 which would rename a street in Woodland Acres. This was a petition request by the residents on that street. MCFARLAND, seconded by STEVENS moved to adopt Ordinance No. 90-23. The presiding officer called for public testimony. The following urged the assembly to leave the street name Sean Circle. Sharon Taylor Gaynell Hatcher Mike Rasmussen Shelley Thissen Craig Olson Scott Arndt Peggy Rauwolf John Rauwolf The presiding officer closed the public hearing. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION FAILED hGTTa McFarland, Monroe, Shuttlesworth, Stevens, White, Hancock Unanimous COMMITTEE REPORTS PUBLIC HEARING ORDINANCE NO. 90-23 Regular Assembly Meeting Volume XIII October 4. 1990 Page 197 B. Ordinance No. 90-25 Amending the KIB Code by Adding Chapter 3.26 Sales Tax providing for the Levying and Collection of a Sales Tax and Penalties for Failure to Collect. Presented in second reading and public hearing was Ordinance No. 90-25 which would effect a 1% sales tax to be used solely for schools. The proposition for the sales tax failed on the October 2, 1990, municipal election ballot. SHUTTLESWORTH, moved to adopt seconded by STEVENS Ordinance No. 90-25 The presiding officer called for public testimony. There being none, he reconvened the regular meeting. VOTE ON MOTION TO ADOPT Ayes: Noes: None Monroe, Shuttlesworth, Stevens, Hancock, McFarland, White MOTION FAILED Unanimous MESSAGES FROM MESSAGES FROM THE BOROUGH MAYOR MAYOR Mayor Selby reported that the Southwest Alaska Municipal Conference passed a resolution endorsing funding for health-care facilities. He said Senator Jones of Ketchikan was putting together a bill for the next legislative session which would introduce a funding plan whereby the state would contribute 80% and local contributions would match with 20%. The Mayor expressed his concern when public service groups appeared to complain over relatively minor funds. He hoped there would be reasonable talks with the fire district service board to get the matter amiably resolved. OLD BUSINESS OLD BUSINESS 1. Renewal of Employment Agreement for Borough Clerk. MONROE, move to extend the seconded by McFARLAND current contract for three months. Regular Assembly Meeting Volume %III October 4, 1990 Page 198 VOTE ON MOTION MOTION CARRIED NEW BUSINESS A. BID AWARDS Unanimous voice vote 1. Vehicle Purchase Contract SHUTTLESWORTH, seconded by HANCOCK moved to award purchase of 1991 Ford Aerostar Wagon Extended Length to Kodiak Motors in an amount NTE $19,161. As request, Mayor Selby explained this vehicle would replace a vehicle that was not safe. He said this also follows the vehicle replacement schedule established. VOTE ON MOTION Ayes: Noes: MOTION CARRIED B. RESOLUTIONS Shuttlesworth, Stevens Hancock, McFarland, Monroe, White None Unanimous 1. Resolution No. 90-58 Authorizing the Disposal of Borough Property for Fair Market Value at Land Sale #11. (Lot 7A, Block 4, Monashka Bay Alaska Subdivision) McFARLAND, seconded by STEVENS moved to adopt Resolution No. 90-58 Assemblymembers discussed whether disposal of this tract would be in the borough's best interest. They discussed establishing a land -use policy. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION FAILED None Stevens, Hancock, McFarland, Monroe, Shuttlesworth, White Unanimous NEW BUSINESS BID AWARDS RESOLUTIONS RESOLUTION NO. 90-58 Regular Assembly Meeting Volume %III October 4, 1990 page 199 2. Resolution No. 90-60 Adopting a Capital RESOLUTION Improvement Program Fiscal Years 1992 NO. 90-60 through 1996 and Establishing Capital Project Priorities. MONROE, moved to adopt seconded by McFARLAND Resolution No. 90-60 Presiding Officer White explained the capital improvements program reflected past capital improvements with some reshuffling. VOTE ON MOTION Ayes: Hancock, McFarland Monroe, Shuttlesworth, White Noes: None MOTION CARRIED Unanimous 3. Resolution No. 90-61 Authorizing the RESOLUTION Disposal of Borough Property for Less Than NO. 90-61 Full Market Value to the Kodiak Public Broadcasting Corporation. (A Portion of Lot 5A, U.S. Survey 2538, Generally Located Off Egan Way) MONROE, moved to adopt seconded by STEVENS Resolution 90-61 Presiding Officer White explained this property was adjacent to the Borough Building and the resolution established the disposal as a lease to KMXT. VOTE ON MOTION Ayes: McFarland, Monroe, Shuttlesworth, Stevens, Hancock, White Noes: None MOTION CARRIED Unanimous ORDINANCES C. ORDINANCES FOR INTRODUCTION FOR INTRODUCTION 1. Ordinance No. 90-26 Clarifying the Subjects ORDINANCE Which May Be Discussed by Borough Officials NO. 90-26 in Executive Session and Clarifying the Records of the Borough Which Are Not Available for Public Inspection. Regular Assembly Meeting Volume XIII October 4, 1990 Page 200 Previously withdrawn. 2. Ordinance No. 90-27 Amending the Duties of ORDINANCE the Borough Clerk to Require Attestation of NO. 90-27 the Mayor's Signature on All Contracts to Which the Borough is a Party. This item was approved under the "Consent Agenda" and advanced to Public Hearing on November 1, 1990. 3. Ordinance No. 90-28 Rezoning Lot 7A, Block ORDINANCE 4, Monashka Bay Alaska Subdivision from PL- NO. 90-28 -Public Use Land to RR1--Rural Residential One. (2800 Monashka Bay Road) (CLERK'S NOTE: As this number had previously been used, for preservation purposes this number was changed to Resolution No. 90-36.) SHUTTLESWORTH, seconded by STEVENS moved to adopt Ordinance No. 90-28. Assemblymember McFarland spoke to this ordinance and said that without a true land -use plan, it did not make sense to rezone this property as public use land seemed an appropriate designator at this time. STEVENS, MOTION DIED VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION FAILED moved to postpone indefinitely. Lack of Second None Monroe, Shuttlesworth, Stevens, Hancock, McFarland, White Unanimous 4. Ordinance No. 90-29 Rezoning Tract B-1, Kadiak Alaska Subdivision First Addition from PL --Public Use Lands to R3 -- Multifamily Residential. (3042 Rezanof Drive; 3055 Sharatin Road; and 3135 Perenosa Drive) This item was previously approved under "Consent Agenda" and advanced to public hearing on November 1, 1990. Regular Assembly Meeting October 4, 1990 ORDINANCE NO. 90-29 Volume XIII Page 201 5. Ordinance No. 90-30 Rezoning a Portion of ORDINANCE Lot 1, U.S. Survey 2539 from C-- NO. 90-30 Conservation to RR1--Rural Residential One. (Commonly known as "Nixon Ranch") This item was previously approved under "Consent Agenda" and advanced to public hearing on November 1, 1990. 6. Ordinance No. 90-31 Repealing Chapter 17.51 ORDINANCE (Accessory Buildings) and Chapter 17.52 NO. 90-31 (Agricultural Buildings), and Chapter 17.73 (Contract Zoning) of the Borough Code and re-enacting Chapter 17.51 (Accessory Buildings) of the Borough Code. This item was previously approved under "Consent Agenda" and advanced to public hearing on November 1, 1990. 7. Ordinance No. 90-32 Repealing and Re- ORDINANCE enacting Chapters 17.60 (Signs) of the NO. 90-32 Borough Code. This item was previously approved under "Consent Agenda" and advanced to public hearing on November 1, 1990. 8. Ordinance No. 90-33 Repealing and Re- ORDINANCE enacting Chapters 17.42 (Additional Setback NO. 90-33 Requirements) and 17.54 (Fences, Walls, and Hedges) of the Borough Code. This item was previously approved under "Consent Agenda" and advanced to public hearing on November 1, 1990. 9. Ordinance No. 90-34 Requiring All Electric, ORDINANCE Telephone, Cable Television, and Other NO. 90-34 Similar Wires and Cables be Installed Underground, and Establishing a Permit System for Excavation and Construction in Road Rights of Way in Borough Road Service Areas. Presented in first reading was Ordinance No. 90-34 to add to the Borough Code guidelines for underground installation of wires and cables. McFARLAND, moved to adopt seconded by MONROE Ordinance No. 90-34 in first reading. Regular Assembly Meeting Volume XIII October 4. 1990 Page 202 Presiding Office White requested a public hearing notice be sent to all of the service district areas. VOTE ON MOTION Ayes: Noes: MOTION CARRIED Shuttlesworth, Stevens, Hancock, McFarland, Monroe, White None Unanimous 10. Ordinance No. 90-35 Amending KIB Code Regarding Permissible Investments. Previously approved under "Consent Agenda" and advanced to public hearing November 1, 1990. D. OTHER ITEMS 1. Appointment of Deputy Borough Clerk. STEVENS, seconded by McFARLAND VOTE ON MOTION MOTION CARRIED move to confirm appointment of Donna Smith as Deputy Borough Clerk who shall have the duty to execute, attest and acknowledge documents and to affix the Borough seal in the absence of the Borough clerk. Unanimous INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS 1. Planning and Zoning Commission Regular Meeting of August 15, 1990. 2. K.I.B.S.D. Regular Meeting of August 27, 1990. 3. K.I.B.S.D. Special Meeting of September 4, 1990. B. REPORTS 1. K.I.B.S.D. Report of Revenues and Expenditures for June 1990. Regular Assembly Meeting October 4, 1990 ORDINANCE NO. 90-35 APPOINTMENT INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS Volume XIII Page 203 2. K.I.B.S.D. Report of Revenues and Expenditures for August 1990. OTHER C. OTHER None CITIZENS' COMMENTS CITIZENS' COMMENTS Scott Arndt responded to the comments the Mayor made in reference to the fire district. Linda Freed reported that the federal government had responded to the letter of concern about the census by sending in a team to recanvas all the 815 vacant units identified. ASSEMBLYMEN'S COMMENTS ASSEMBLYMEN'S COMMENTS Assemblymember Stevens clarified the reason for the three-month extension of the Clerk's contract was because more time was needed to get comments from the attorneys for the rewriting of the contract. Assemblymember McFarland expressed concern over the description of Kodiak Island being an urban area and the affect upon subsistence rights. Mayor Selby responded that the federal government ruled populations over 7,500 as urban. He said that subsistence fisheries were under state guidelines which classified Kodiak as a rural area. He asked for a response from the Mayor on the conclusion of the wetlands issue in the Bells Flats area. Mayor Selby said some rulings had been made on particular lots by the Corps of Engineers and directions given to those lot owners, and some lots had been determined not to be wetlands. Assemblymember McFarland requested an update on the East Elementary School roofing project on the next joint school board/assembly work session. Mayor Selby said dry rot had been discovered back from the eaves, and the contractor was replacing it. He said he had been to Old Harbor and saw the school for the first time. He said it was a beautiful facility but noticed siding had been blown off the north face of the gymnasium. Mayor Selby reported there was structural damage to the beams on the non- bearing side and a structural integrity analysis was being done. Regular Assembly Meeting Volume XIII October 4. 1990 Page 204 Assemblymember McFarland asked for an update on the Rezano£ Drive resurfacing project. Mayor Selby said the repairs were to be corrected before the overlay was done. He commented on the fire district problem and felt it was an excellent topic for a work session. He felt the cost of the baler facility should be tied into the discussions with the fire district. Presiding Officer White announced the Assembly would conduct a work session on Thursday, October 11th, at 7:30 p.m. in the Borough conference room; a joint work session with the City Council on Tuesday, October 16th, in the Borough conference room; and the next regular Assembly meeting would be Thursday, October 18th, at 7:30 p.m. in the Borough Assembly Chambers. There being no further business to come before the assembly, the meeting adjourned at 9:27 p.m. siding Officer ATTEST: Borou Clerk Regular Assembly Meeting Volume XIII October 4. 1990 Page 205