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1990-10-18 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting October 18, 1990 A regular meeting of the Kodiak Island Borough REGULAR MEETING Assembly was held October 18, 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 Tom Merriman, Presiding Suzanne Hancock Mary Monroe Gary Stevens Bob Shuttlesworth absent: Lorne White Jack McFarland 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 Clerk APPROVAL OF AGENDA APPROVAL OF AGENDA STEVENS, moved to approve agenda seconded by SHUTTLESWORTH as submitted. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote CONSENT AGENDA CONSENT AGENDA The items on the consent agenda were read aloud by the Borough Clerk. MONROE, moved to adopt consent seconded by HANCOCK agenda. VOTE ON MOTION MOTION CARRIED Unanimous voice vote Regular Assembly Meeting Volume XIII October 18, 1990 Page 206 APPROVAL OF APPROVAL OF MINUTES MINUTES A. K.I.H. Assembly Meeting of October 4, 1990. This item was previously approved under the "Consent Agenda." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS A. Student of the Month Mayor Jerome Selby presented the Student of the Month STUDENT OF THE award to Melanie Jones, a senior at Kodiak High MONTH School. B. Service Awards SERVICE AWARDS Mayor Selby presented Pam Baglien, Mental Health Director, a service pin for 15 years employment with the Kodiak Island Borough. Gaye Vaughan, Borough Clerk, was presented a five- year service pin by Mayor Selby. C. Proclamation PROCLAMATION Mayor Selby read a proclamation that declared October 20 - 28, 1990, as Red Ribbon Week. Mr. Thomas Goldston of the Kodiak Council on Alcoholism accepted the proclamation from Mayor Selby. CITIZENS' COMMENTS CITIZENS' COMMENTS A. Agenda items Not Scheduled For Public Hearing B. Items Other Than Those Appearing on the Agenda None COMMITTEE REPORTS COMMITTEE REPORTS Jon Aspqren, P&Z representative, reported the Planning and Zoning Commission held a public hearing the previous evening on the rezoning of the lots in Lakeside Subdivision referenced in Ordinance 90-28. He said the Commissioners denied the request because the Borough had not provided any industrial areas to replace that area. Mike Machulskev, Airport Task Force chairman, gave a progress report on the work the committee had been doing. He encouraged the Assembly to be a facilitator by supporting new lease agreements between the Coast Guard and the State to provide Regular Assembly Meeting Volume %III October 1B, 1990 Page 207 long-term parking, counter space, other carriers, and to support the parking lot situation by extending the present boundaries. He encouraged the public to attend the meeting on October 25th in the school district conference room. PUBLIC HEARING PUBLIC HEARING A. Ordinance No. 90-28 Rezoning Lots 8 and 9 and a ORDINANCE Portion of Lot 10 adjacent to Lots 8 and 9, NO. 90-28 Block 3, Lakeside Subdivision from I --Industrial to R -2 --Two Family Residential and an 25' Strip of Lot 7 and Lot 10 adjacent to Lot 8 and I -- Industrial to PL --Public Land. Presented for consideration was Ordinance No. 90-28 which would rezone lots in Lakeside Subdivision to be consistent with the residential development in the Selief Lane Corridor. Assemblymember Monroe asked to abstain from the discussion and vote on this issue and declared a conflict of interest. HANCOCK, moved to adopt seconded by SHUTTLESWORTH Ordinance No. 90-28. The presiding officer called for public testimony. Scott Arndt questioned the procedure of rezoning these pieces of property as the public hearing before the Planning and Zoning Commission had just been held. Clerk Vaughan explained the code allowed the Assembly to initiate a rezone. Mr. Arndt stated his opposition to the rezone because industrial property was needed and there was other adequate R-2 property available. Mike Rasmussen agreed there was a shortage of industrial property available and opposed the rezone. He noted there might be some conflict of interest with someone sitting on the Assembly that draws a salary from Small World, Inc. Ellen Cloudy, a resident in the Lakeside Subdivision, spoke in favor of the rezone because the subdivision was a residential area with a neighborhood that was developed and still developing. She spoke of the traffic --bicycles and walkers --in the area. She felt this ordinance would correct the bad planning of putting the industrial park in a residential area. Regular Assembly Meeting Volume %III October 1B, 1990 Page 208 Scott Thompson opposed the rezone because the property was adjacent to the airport and existing industrial property. Bill Barnes, representing Small World, Inc., pointed out the property had not been put to use as industrial property nor had the Borough been able to sell it as industrial land. Okev Chandler said that since the land was adjacent to industrial property to leave it that way. The presiding officer closed the public hearing and reconvened the regular meeting. Assemblymember Stevens responded to the comments made by Mr. Rasmussen. He stated there had been no attempt to hid the fact that Small World had approached the Assembly for property. He said Ms. Monroe had withdrawn from this particular issue and had made it clear throughout all previous discussions that she wanted to stay out of it. He asked the Mayor what happened if the property were placed on the market and not sold. Mayor Selby replied that the property had previously been on a land sale and no bids had been received. Assemblymember Hancock thought the neighborhood had changed since the property was originally zoned industrial. Assemblymember Stevens agreed there was a major problem with the lack of industrial property and felt there were other areas that could be developed for industrial use. VOTE ON MOTION TO ADOPT Ayes: Noes: Abstained: MOTION FAILED Hancock, Shuttlesworth Stevens Merriman Monroe 3 ayes, 1 no, 1 abstention MESSAGES FROM THE BOROUGH MAYOR Mayor Selby called the Assemblymember's attention to the most recent progress report from the Alaska MESSAGES FROM MAYOR Regular Assembly Meeting Volume XIII October 16, 1990 Page 209 Fisheries Science Center on the King Crab Study the Borough had funded. Mayor Selby reported that borough taxes were due on October 15th and 87% had been paid. He recounted a meeting with Exxon's Alaska Chief of Staff on the follow-up to the oil spill clean up effort and Kodiak's concerns. He referred the Exxon representative to the hardest hit coastal areas for review during next spring's assessment effort. He discussed with them the fish tax funds that have not been paid, and they indicated that processing would begin when the bill was presented. He commented on the capital improvement program booklet and that it was complete and ready to submit to the governor's office. He said it was an all- inclusive reference book with summaries and estimated costs of the programs. He said the Kodiak Island Borough had been notified that the Government Finance Officer's Association had reviewed our budget document and awarded us the distinguished budget presentation award for the current year. Mayor Selby reported on the National Marine Fisheries building. He said there was a meeting with the principal tenants to discuss the required size needed. The Mayor expressed his appreciation and thanked outgoing Assemblymembers Lonnie White, Tom Merriman, and Bob Shuttlesworth for their hard work on the Assembly. The Presiding Officer called for a ten-minute recess, after which the regular meeting resumed at 8:40 p.m. OLD BUSINESS None NEW BUSINESS A. BID AWARDS None Regular Assembly Meeting October 18, 1990 OLD BUSINESS NEW BUSINESS BID AWARDS Volume XIII Page 210 B. RESOLUTIONS 1. Resolution No. 90-59 Confirming the 1990 Kodiak Island Borough Population for State Revenue and Municipal Assistance Fund Payments. (This item was previously adopted under "Consent Agenda".) 2. Resolution No. 90-62 Ratifying and Confirming the Results of the Regular Election Held October 2, 1990. SHUTTLESWORTH, moved to adopt seconded by STEVENS Resolution No. 90-62 VOTE ON MOTION TO ADOPT MOTION CARRIED Unanimous voice vote 3. Resolution No. 90-63 Urging the Restoration of Full Funding for School Districts by the Seventeenth Legislature. STEVENS, seconded by SHUTTLESWORTH VOTE ON MOTION MOTION CARRIED moved to adopt Resolution No. 90-63 Unanimous voice vote 4. Resolution No. 90-64 Supporting Local Appointment Superior Court Judge Position SHUTTLESWORTH, seconded by MONROE VOTE ON MOTION moved to adopt Resolution No. 90-64 MOTION CARRIED Unanimous voice vote C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 90-37 Requiring Assembly Confirmation of the Finance Director. Presented in first reading was Ordinance No. 90-37 which would amend Sections 2.10.010 and 2.30.010 of the Kodiak Island Borough Code to require confirmation by the Assembly of the appointment of the finance director. Regular Assembly Meeting October 18. 1990 RESOLUTIONS RESOLUTION NO. 90-59 RESOLUTION NO. 90-62 RESOLUTION NO. 90-63 RESOLUTION NO. 90-64 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 90-37 Volume XIII Page 211 SHUTTLESWORTH, seconded by STEVENS VOTE ON MOTION MOTION CARRIED moved to adopt Ordinance No. 90-37 in first reading. Unanimous voice vote 2. Ordinance No. 90-38 Prescribing Alternate ORDINANCE Methods Enforcement of Real Property Taxes. NO. 90-38 Presented in first reading was Ordinance No. 90-38 which would allow the mayor to remove property from the foreclosure list when the financial benefits of foreclosure are exceeded by the costs of foreclosure and the liabilities of the ownership of the property involved and to collect by taking personal action against the landowner. HANCOCK, moved to adopt seconded by STEVENS Ordinance No. 90-38 in first reading VOTE ON MOTION MOTION CARRIED Unanimous voice vote. D. OTHER ITEMS 1. Professional Service Agreement with Ron LOBBYIST Garzini, Lobbyist. AGREEMENT SHUTTLESWORTH, moved to approve seconded by MONROE professional agreement with Ron Garzini in an amount NTE $32,000. As requested, Mayor Selby explained negotiations had been done with a revision to the final paragraph. He suggested the agreement amount be revised to $35,000 with four installments of $11,500 payable on January 1, 1991, $11,500 payable on March 15, $6,000 payable on May 15, and $6,000 payable on June 30. He said Mr. Garzini would be in Kodiak on November 8th to view the priorities. STEVENS, moved to amend the seconded by MONROE agreement with Ron Garzini to $35,000 in four payments. Regular Assembly Meeting Volume %III October 18. 1990 Page 212 VOTE ON MOTION TO AMEND MOTION CARRIED VOTE ON MOTION AS AMENDED Unanimous voice vote MOTION CARRIED Unanimous voice vote 2. Request for funding for Fish Meal Pilot Project. FISH MEAL PILOT PROJECT MONROE, moved to approve seconded by STEVENS expenditure of $35,000 for the Fish Meal Pilot Project. As requested, the Mayor explained the project had been proposed last spring and the concept was that some of the new Science and Technology Foundation Funds from the State would be sought. The Assembly appropriated $35,000 to be made available if the other funding was also made available. He said that since that time, the foundation turned down the proposal but subsequently invited resubmission. The proposers have scaled down the project's concept for taking fish meal processed on Kodiak and adding nutrients to be used at the Kitoi Hatchery and, in the future, all hatcheries in Alaska. Acting Presiding Officer Merriman added that this was consistent with the policy of the Borough in funding similar projects. VOTE ON MOTION MOTION CARRIED Unanimous voice vote 3. Presentation of Plaques to Outgoing PRESENTATION Assemblymembers Assemblymember Stevens presented Assemblymember Merriman with a plaque and expressed appreciation of his efforts on the Assembly. Assemblymember Shuttlesworth was presented a plaque by Assemblymember Stevens for his efforts on the Assembly. He also presented Assemblymember White a plaque in absentia with the Assembly's thanks and appreciation. Regular Assembly Meeting Volume %III October 18, 1990 Page 213 4. Installation of the Newly -elected INSTALLATION Assemblymembers. The Borough Clerk administered the Oath of Office to newly -elected assemblymembers Betty Fitzjearl, Mike Milligan, Gordon Gould, and Suzanne Hancock. At Assemblymember Stevens' request, the new assemblymembers came forward and took their seats. INFORMATIONAL MATERIALS (No action required) INFORMATIONAL MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS None B. REPORTS REPORTS 1. Community Development Department August 1990 Status Report. 2. K.I.H. Financial Report for September 1990. 3. Loss Projection and Analysis prepared by RISC, Incorporated. C. OTHER OTHER None CITIZENS' COMMENTS CITIZENS' COMMENTS Tom Merriman wished the new assemblymembers the best and thanked all of the staff for the past three years. Bob Shuttlesworth congratulated the new assemblymembers. Mike Rasmussen referred to the Assemblymember's comments about his questioning the actions of one of the assemblymember's involvement with the transfer of land to Small World. He said he had been approached by several members of the community on this. He complemented Assemblymember Merriman for recognizing P&Z's decision. Scott Thompson felt communication to the public and Borough procedures at an assembly level needed improvement. He did not like non -profits competing with the private sector. Karen Rasmussen, State licensed day care provider, opposed giving Small World land but was in favor of the Borough giving land to non-profit organizations Regular Assembly Meeting Volume %III October 18, 1990 Page 214 that did not operate in conflict with private organizations. Shirley Pruitt, day care provider, opposed her taxes being used for land to be given to Small World which was in direct competition with her. ASSEMBLYMEMBER'S COMMENTS Assemblymember Fitzjearl thanked those who supported her and their confidence. Assemblymember Milligan thought it was an interesting election and looked forward to serving on the Assembly. Assemblymember Monroe reported on her participation in a Southwest Alaska Municipal Conference tour of the Aleutian chain communities to explore ways Kodiak could provide services to those communities. Assemblymember Hancock thought that projects such as the fish meal project meant a more stable economy for the community. Assemblymember Stevens expressed his appreciation to outgoing assemblymembers Lonnie White, Tom Merriman, and Bob Shuttlesworth for their work on the assembly. He announced Tuesday, October 23, the Assembly would meet for orientation; Thursday, October 25, a work session; and regular meeting on Thursday, November 1. There being no further business to come before the assembly, the meeting adjourned at 9:20 p.m. ATTEST: Bo ough Clerk ASSEMBLYMEMBER'S COMMENTS Regular Assembly Meeting Volume XIII October 18, 1990 Page 215