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1990-11-01 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting November 1, 1990 A regular meeting of the Kodiak Island Borough REGULAR MEETING Assembly was held November 1, 1990 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:31 p.m. The invocation was given by the Reverend Greg Frazier of the Community Baptist Church followed by the Pledge of Allegiance. There were present: ROLL CALL Jack McFarland, Presiding Suzanne Hancock Betty Fitzjearl Mary Monroe Mike Milligan Gary Stevens absent: Gordon Gould (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 Clerk APPROVAL OF AGENDA APPROVAL OF AGENDA STEVENS, moved to approve agenda seconded by FITZJEARL as submitted. MOTION CARRIED Unanimous Voice Vote CONSENT AGENDA CONSENT AGENDA HANCOCK, moved to adopt consent seconded by STEVENS agenda. Assemblymember Monroe asked to have Ordinance No. 90- 42 removed from the consent agenda. The items on the consent agenda were read aloud by the Borough Clerk. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote Regular Assembly Meeting Volume XIII November 1, 1990 Page 216 APPROVAL OF MINUTES APPROVAL OF MINUTES A. K.I.H. Assembly Meeting of October 18, 1990. This item was previously approved under the "Consent Agenda." AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS A. Presiding Officer Presentation PRESENTATION Lorne "Lonnie" White was presented a placque honoring his nine years on the Kodiak Island Borough Assembly and as presiding officer. B. Employee of the Month EMPLOYEE OF THE MONTH Mayor Selby presented the Employee of the Month Award to Eileen Probasco, secretary in the Community Development Department and General Administration. C. OATH OF OFFICE OATH OF OFFICE The Borough Clerk administered the Oath of Office to newly -reelected Assemblymember Jack McFarland. CITIZEN'S CITIZEN'S COMMENTS COMMENTS A. Agenda Items Not Scheduled For Public Hearing Scott Arndt asked about the intent of Resolution No. 90-68 Establishing a Policy for Use of Service District Equipment Outside of a Service District. At the request of the Presiding Officer, Mayor Selby said it was the intent of the Assembly to establish a policy that would be a guideline for the administration to use for service districts. Mr. Arndt felt the resolution was inappropriate as there should have been discussions with the service districts and a public hearing. He referred to item "B" in the resolution and said discounts are negotiated and not legislated. He suggested a clause be inserted saying the Borough would pay 100% of the charges inside the service district when involving borough -enterprise funds because response outside the service district was voluntary, not mandatory. He spoke as Fire District No 1 chairman when he said Fire District No. 1 would not be left unprotected to go somewhere else at the borough's discretion as Regular Assembly Meeting Volume XIII November 1, 1990 Page 217 there was a responsibility to the residents of the district. He recommended the resolution be defeated and input received from all the service districts. He asked about the format of work sessions. Presiding Office McFarland responded that the Assembly would like to try not having work sessions after the regular meetings and to revise the packet review. He said the Assembly would like to be better organized and be more efficient as a body. Mr. Arndt reiterated the fire district board recommended defeat of Resolution No. 90-68. Mike Rasmussen asked who requested Ordinance No. 90- 41 Creating an Exemption from Property Taxes for Community Purpose Organizations. Presiding Officer McFarland replied that it was sponsored by the Assembly after discussion with the staff. Mayor Selby added it was at the request of the Chamber of Commerce. Mr. Rasmussen asked what groups were not now covered under the present exceptions. Mayor Selby said the two not covered were the Kodiak Chamber of Commerce and the Kodiak Convention Visitor's Bureau. Mr. Rasmussen suggested specifying exactly that and not leaving it open for an arbitrary decision later. C. Items Other Than Those Appearing on the Agenda James Fisk, Acting Chairman of Service District #1, congratulated and welcomed new assemblymembers. He also introduced the present service district board created by the election in October: Charles Lorenson, Andy Nault, and Earl Smith. He said there was one vacant seat as Jim Berg had resigned and encouraged the assembly to appoint a replacement from the results of the election. Regarding the water/sewer transfer agreement, he said the service district was being altered by no longer offering a service as stated in Title 4. Assemblymember Stevens asked Mr. Fisk for a firm recommendation of a candidate for the service district seat from the advisory board. Assemblymember Hancock spoke to Title 4 that Mr. Fisk mentioned. She felt it would not be a case where the service was no longer being offered but that another entity would be providing it. She requested research Regular Assembly Meeting Volume %III November 1, 1990 Page 218 be done before deciding whether to put it on a ballot. Upon request, Mayor Selby added he would talk to the borough attorney although it was his perception it was an agreement with a cancellation clause reverting back to the service district. He thought the service district board would have an over -sight responsibility to the residents on an on-going basis. COMMITTEE REPORTS Lonnie White, Hospital Advisory Board, asked the assembly to consider, at a work session, the possibility of a building maintenance fund for the hospital similar/parallel to the school districts. Robin Henrichs, Planning & Zoning Commissioner, said that several of the ordinances coming before the assembly were to Title 17. He said this first installment brings to culmination a process reviewing Title 16 and 17 and presented on a topical basis. PUBLIC HEARING A. Ordinance No. 90-27 Amending the Duties of the J Borough Clerk to Require Attestation of the Mayor's Signature on All Contracts to Which the Borough is a Party. Presented for consideration was Ordinance No. 90-27 which would require the Borough Clerk to attest the Mayor's signature on all contracts, agreements, memorandums of understanding, or letters of intent to which the Borough is a party. STEVENS, moved to adopt seconded by FITZJEARL Ordinance No. 90-27. The presiding officer called for public testimony, there being none, the assembly was reconvened. Assemblymember Stevens explained the ordinance would require all documents go through the Clerk's Office for attestation of the Mayor's signature and recording. FITZJEARL, seconded by STEVENS Regular Assembly Meeting November 1, 1990 move to amend Ordinance No. 90-27 COMMITTEE REPORTS PUBLIC HEARING ORDINANCE NO. 90-27 Volume XIII Page 219 VOTE ON MOTION TO AMEND Ayes: Noes: Hancock, Fitzjearl, Monroe, Milligan, Stevens, McFarland Ih 6=W MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Fitzjearl, Monroe, Milligan, Stevens, Hancock, McFarland MOTION CARRIED Unanimous B. Ordinance No. 90-29 Rezoning Tract B-1, Kadiak ORDINANCE Alaska Subdivision First Addition from PL-- NO. 90-29 Public Use Lands to R3 --Multifamily Residential. (3042 Rezanof Drive; 3055 Sharatin Road; and 3135 Perenosa Drive) Presented for consideration was Ordinance No. 90-29 which would provide an appropriate zoning district compatible with other lots in the neighborhood and permits the disposal and future development of the property. MONROE, seconded by STEVENS, moved to adopt Ordinance No. 90-29 The Presiding Officer called for public testimony. Scott Arndt opposed the rezone and disposal of this lot because it was the only piece of public land in the vicinity and inappropriate at this time without an alternative plan for a park. Tony Perez opposed the rezone as the borough had designated this land for a park in the overall comprehensive plan. He said the lot was conducive to the center of town and had one of the last stands of good-sized trees. Mike Rasmussen opposed the rezone because there was no shortage of R-3 property but shortage of park land. He encouraged it be left as public domain and as a future park. The presiding officer closed the public hearing and reconvened the regular meeting. Regular Assembly Meeting Volume XIII November 1, 1990 Page 220 Assemblymember Milligan felt that as public -use lands, the area could be a traffic hazard for children using the park because of curve on Rezanof Drive in that location. Assemblymember Fitzjearl asked the Mayor to respond to a recommendation that funds derived from the sale of this land be utilized to acquire other lands in the Kadiak Subdivision First Addition for public uses. Mayor Selby noted that the Planning and Zoning Commission recommended the funds be used to acquire other lands suitable for a park located more centrally in the subdivision on a less heavily used road. He said that Tract Al in the subdivision was public use land, located more centrally, and away from Rezanof Drive. He pointed out the rest of the adjacent block was already zoned R-3 and the idea was to stay consistent with land use. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Monroe, Milligan, Stevens, Hancock, Fitzjearl McFarland 5 ayes, 1 no C. Ordinance No. 90-30 Rezoning a Portion of Lot 1, U.S. Survey 2539 from C --Conservation to RR1-- Rural Residential One. (Commonly known as "Nixon Ranch") Presented for consideration was Ordinance No. 90-30 which would allow many of the same land use activities as the existing zoning. This was presented to the assembly as this parcel was included in the land sale later this month. MONROE, seconded by Stevens moved to adopt Ordinance No. 90-30 The presiding officer called for public hearing. Jim Fisk asked for clarification of gravel extraction in the area. Upon request, Mayor Selby said the lot had been assessed for gravel but there was a limited amount as most of the gravel was on Coast Guard property. Mr. Fisk encouraged enactment of the ordinance if all possibilities had been examined, but cautioned that ORDINANCE NO. 90-30 Regular Assembly Meeting Volume XIII November 1. 1990 Page 221 every ounce of gravel that could be extracted at a reasonable cost to the taxpayers should be examined. Presiding Officer McFarland invited Ms. Freed to add to the Mayor's comments. She referred to a memo from the Resource Manager, dated September 11, 1990, commenting that as a gravel reserve, the property offered little. The presiding officer closed the public hearing and reconvened the regular meeting. Assemblymember Fitzjearl asked Ms. Freed if the borough had areas for gravel extraction for the next 20 to 30 years set aside. Ms. Freed said the most recent information was the four tracts in Bells Flats were nearing their extraction capability and that was why the site was looked at as a potential. She said the staff would be looking at gravel and rock extraction sites as part of the comprehensive plan. VOTE ON MOTION Ayes: Noes: MOTION CARRIED Milligan, Stevens Hancock, Fitzjearl, Monroe, McFarland None Unanimous D. Ordinance No. 90-31 Repealing Chapter 17.51 (Accessory Buildings) and Chapter 17.52 (Agricultural Buildings), and Chapter 17.73 (Contract Zoning) of the Borough Code and Re- enacting Chapter 17.51 (Accessory Buildings) of the Borough Code. Presented for consideration was Ordinance No. 90-31 revising Title 17 of the Borough Code. STEVENS, moved to adopt seconded by MILLIGAN Ordinance No. 90-31. The presiding officer closed the regular meeting and opened the public hearing. Scott Thompson opposed 17.51.050 because five percent of the lot area for accessory building limited industrial and agriculture activities. He asked the Assembly to consider either eliminating the area in question or increasing the size of the building to ten percent of the total square footage. Regular Assembly Meeting November 1, 1990 ORDINANCE NO. 90-31 Volume XIII Page 222 Oliver Holm and Scott Arndt agreed with Mr. Thompson. The presiding officer closed the public hearing and reconvened the regular meeting. Assemblymember Milligan felt the statements heard to change from five percent to ten percent are valid. MILLIGAN, seconded by FITZJEARL moved to amend by changing the five percent in Section 17.51.050 to ten percent of the area of the lot, whichever is greater. Assemblymember Stevens questioned Robin Heinrichs on the discussion that took place in Planning and Zoning. Robin Heinrichs said in the discussions, it was felt that some number needed to be arrived at, and the 600 square foot figure representing a two -car garage would be a reasonable accessory building on any lot. He said the focus for the five percent was when it applied to a larger lot and was appropriate for a residential district. Assemblymember Milligan's specific concern was what people would do if the area were too small to hang a seine. Mr. Heinrichs responded that valid points had been brought up but the commission had resolved conflicts between semi -industrial use and residential property and there needed to be a way of limiting gear activities in residential zoning. VOTE ON MOTION TO AMEND Ayes: Noes: Stevens, Hancock, Fitzjearl, Milligan Monroe, McFarland MOTION CARRIED 4 ayes, 2 noes VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: Hancock, Fitzjearl, Monroe, Milligan, Stevens, McFarland None Regular Assembly Meeting Volume XIII November 1, 1990 Page 223 MOTION CARRIED Unanimous E. Ordinance No. 90-32 Repealing and Re-enacting Chapter 17 (Signs) of the Borough Code. Presented for consideration was Ordinance No. 90-32 which revised the Code to more accurately reflect current requirements in the community. FITZJEARL, seconded by MONROE moved to adopt Ordinance No. 90-32 The presiding officer called for public hearing. There being none, he reconvened the regular meeting. Assemblymember Milligan explained the difference betweens signs and decorations. VOTE ON MOTION Ayes: Fitzjearl, Monroe, Milligan, Stevens, Hancock, McFarland Noes: None ORDINANCE NO. 90-32 MOTION CARRIED Unanimous F. Ordinance No. 90-33 Repealing and Re-enacting ORDINANCE Chapters 17.42 (Additional Setback Requirements) NO. 90-33 and 17.54 (Fences, Walls, and Hedges) of the Borough Code. STEVENS, moved to adopt seconded by FITZJEARL Ordinance No. 90-33 The presiding officer called for public hearing. Scott Thompson favored the ordinance. He brought to the assembly's attention the portion on hedges and suggested that it be eliminated. The presiding officer closed the public hearing and reconvened the regular meeting. Assemblymember Monroe asked the Planning and Zoning Commissioner to comment on Mr. Thompson's statement. Robin Heinrichs saw this as a way of moving away from regulating this as it did not require zoning compliance. Regular Assembly Meeting Volume %III November 1. 1990 Page 224 VOTE ON MOTION TO ADOPT Ayes: Noes: Monroe, Milligan, Stevens, Hancock, Fitzjearl, McFarland None MOTION CARRIED Unanimous The presiding officer called for a five minute break and reconvened the regular meeting at 8:58 p.m. G. Ordinance No. 90-34 Requiring All Electric, ORDINANCE Telephone, Cable Television, and Other Similar NO. 90-34 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 for consideration and second reading, this ordinance would affect the underground burial of electric, telephone, and cable television wires to the further public health, safety, and welfare of the residents. STEVENS, moved to adopt seconded by FITZJEARL Ordinance No. 90-34 Assemblymember Stevens indicated it was his intention to postpone this ordinance until the December 20th meeting. He felt the key point was that the maintenance and capital costs would reflect in rate increases. He would like to see the fees to cross public property and permit requirements included in this ordinance. The presiding officer called for public hearing. Roy Bacon, Telephone Utilities of the Northland Senior District Engineer, agreed that public safety, health, and welfare was of concern but did not agree this ordinance best served the public interest. He pointed out the ways that passing this ordinance would negatively and dramatically impact the citizens and ratepayers. Dave Nease, General Manager of Kodiak Electric Association, addressed the financial burden that could upset the economic balance of the community by increased rates and capital contributions. He urged defeat of the ordinance. Regular Assembly Meeting Volume XIII November 1, 1990 Page 225 Ed Kozak, KEA Manager of Engineering Operations, pointed out underground utilities look nice but is very costly to the wallet. He said underground utilities would not alleviate hazardous problems as outages in an underground system take extensive time to find and repair. He stated the operations and maintenance costs for underground utilities are more than overhead utilities. He emphasized passage of this ordinance would slow down growth in the community and possibly stop it in some areas. According to Mr. Kozak, Kodiak Electric Association was in agreement with the permitting process but not the underground utilities. Assemblymember Milligan pointed out the ordinance spoke to burying cable only on the road system, to which Mr. Kozak said he did not read it that way. Jim Fisk felt the permitting and enforcement process part of the ordinance was good. Mike Rasmussen suggested the assembly and staff meet with the utility companies involved. Scott Thompson opposed the ordinance. Lonnie White, resident of Bells Flats, favored the basic concept of safety with overhead lines, and the Borough needed to put some teeth in dealing with these utilities. He liked the buried lines in Womens Bay and thought it possible to place lines underground. Tony Perez would like to see a section where if someone were subdividing property, the subdivider had the right to either put in underground utilities or contract it out as a right of the property owner. Pam Hummel, Womens Bay resident, agreed that utilities look good underground and agreed there was a safety problem of overhead power lines near the road. Val Flinders favored underground utilities. Scott Arndt strongly agreed with Mr. Nease. He disagreed with tabling or postponing the ordinance because the ordinance should be defeated with a recommendation to Planning and Zoning to review the ordinance for impact on the subdivision process. Wayne Berry, Womens Bay Service District Chairman, did not want to see it defeated but to fixed to fit the needs in individual areas. Regular Assembly Meeting Volume XIII November 1, 1990 Page 226 The presiding officer closed the public hearing and reconvened the regular meeting. STEVENS, seconded by Hancock moved to postpone to December 20, 1990, regular meeting for public hearing. Assemblymember Stevens indicated he would like staff to rewrite the ordinance with the utility companies and Bells Flats residents involved. He personally thought Sections 15.48.020, which were a requirement for underground installation, and 15.48.030, which were removal of poles and other supports, should be entirely removed and the permit process and fees retained. He said that if the administration should find that December 20th was not feasible, he wanted to be notified so the date could be changed. Assemblymember Fitzjearl thought this ordinance as presented imposed requirements on the citizens of the borough too difficult to meet and unreasonable. She would like to see something that would help all the communities that were interested in going with underground utilities. She suggested wording stating "where feasible, any new construction or replacement of construction will be or shall be underground" be in the ordinance for future construction. She requested the assembly meet with the utility companies and citizens, iron out the problems, and instruct the attorney to draw up the ordinance. She also asked the assembly to defeat the ordinance and use it as a tool for a clean ordinance. Assemblymembers Hancock, Milligan, and Monroe favored postponing and changing document to suit needs of community and certain areas. VOTE ON MOTION TO POSTPONE Ayes: Noes: MOTION CARRIED Milligan, Stevens, Hancock, Monroe, McFarland Fitzjearl 5 ayes, 1 no H. Ordinance No. 90-35 Amending KIB Code Regarding Permissible Investments. Presented for consideration and second reading, Ordinance No. 90-35 would delete language in the code that was required by a bonding contract had been paid. Regular Assembly Meeting November 1, 1990 ORDINANCE NO. 90-35 Volume XIII Page 227 The presiding officer called for public hearing. There being none, he reconvened the regular meeting. VOTE ON MOTION TO ADOPT Ayes: Noes: Stevens, Hancock, Fitzjearl, Monroe, Milligan, McFarland None MOTION CARRIED Unanimous MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby reported the auditing firm would be meeting with assembly within the next six weeks to review the overall audit report. He provided the capital projects booklet that supports the requests from the borough intended to be a reference document for the legislature and governor's office in any consideration for capital funding. He said there would be a review with the villages on their requests next week. He called the assembly's attention to the land sale brochure now available to the public for the land sale on November 26, 1990. He invited the assembly to a meeting with Senator Murkowski on September 7, 1990, at noon to discuss borough concerns and a meeting November 19, 1900, 7:00 p.m. in the borough conference room, with the hospital board, to analyze fund raising. He reported on the status of the roof at East Elementary School and the information sheet presented by Ray Camardella. Presiding Officer McFarland expressed concerns about the snow block systems and Mr. Camardella had addressed them. He wanted to work closely with Mr. Camardella to get something done. Mayor Selby said a canopy over the entrance of the doorways in conjunction with a heat unit was being investigated. He showed the assembly photos of the windstorm damage at the Old Harbor School. At the new school site, he reported the architectural firm was checking elevations so negotiations could be completed for purchase. He said the seller wanted to remove some rock and the borough was willing too as Regular Aaaembly Meeting Volume XIII November 1, 1990 Page 228 long as the remaining elevations were acceptable. He reported on a meeting with the hospital administrative staff to review the audit and changing the hospital to a fiscal year that matches with the borough, which should be accomplished by June 30, 1991. He said also reviewed was the idea of central treasury included with the borough and school district funds. Lastly, they reviewed the computer situation to improve computer services at the hospital and purchasing assistance to the hospital to reduce costs. He travelled to Washington, D.C. and met with Brad Gilman, lobbyist for the Coastal Coalition, on the inshore, offshore fisheries issue as well as the city's breakwater. He said the Magnusen Act was renewed by Congress but language was not strong for onshore use of allocation of fisheries. He met with NMFS and the Secretary of Commerce would report to Congress within six months as to where in the borough the new NOAH facility would be located. He called the assembly's attention to a handout on the progress of the weather service plans. He mentioned the reapportionment commission for the state would have a hearing in Kodiak and asked for instruction from the assembly on keeping our current senate district. He said the Alaska Marine Highway System would be conducting a meeting in Kodiak November 7th, 7:00 to 10:00 p.m. in the legislative office. He said the review from DOT on the sidewalk along Rezanof from Benny Benson to North Cutoff had been received and would be out for bid soon. OLD BUSINESS OLD BUSINESS None NEW BUSINESS NEW BUSINESS A. REORGANIZATION OF THE ASSEMBLY REORGANIZATION 1. Nominations for Presiding Officer BID AWARDS FITZJEARL, nominated seconded by MONROE Jack McFarland HANCOCK, nominated seconded by FITZJEARL Gary Stevens Regular Assembly Meeting Volume XIII November 1, 1990 Page 229 Assemblymember Stevens declined the nomination. FITZJEARL, STEVENS seconded by FITZJEARL VOTE ON MOTION moved nominations be closed moved Jack McFarland be appointed presiding officer unanimously. Unanimous voice vote 2. Nominations for Deputy Presiding Officer. MILLIGAN seconded by MONROE FITZJEARL MOTION CARRIED B. BID AWARDS None B. RESOLUTIONS nominated Gary Stevens moved nominations be closed and Gary Stevens be elected unanimously. Unanimous voice vote 1. Resolution No. 90-65 Approving the Educational Specifications for Peterson Elementary School. STEVENS, moved to adopt seconded by HANCOCK Resolution No. 90-65 Assemblymember Stevens explain this had gone through the school district and board. NA1�Y��]��uN➢M��]��K�7a\�Z�]�Y MOTION CARRIED Unanimous voice vote 2. Resolution No. 90-66 Approving the Educational Specifications for a New Elementary School. HANCOCK, moved to adopt seconded by FITZJEARL Resolution 90-66 VOTE ON MOTION MOTION CARRIED Unanimous voice vote Regular Assembly Meeting November 1, 1990 RESOLUTIONS RESOLUTION NO. 90-65 RESOLUTION NO. 90-66 velum. XIII Page 230 3. Resolution No. 90-67 Establishing a Joint City/Borough Fiscal Year of 1992 Capital Project Priority List. This was previously approved under "Consent Agenda" 4. Resolution No. 90-68 Establishing a Policy for Use of Service District Equipment Outside of a Service District. FITZJEARL, seconded by MILLIGAN FITZJEARL seconded by MILLIGAN moved to adopt Resolution No. 90-68 moved to amend to add in the fifth "whereas" the words "Once established, the Service Districts are responsible for the operating costs and equipment purchase and replacement necessary to deliver the service in the district." Assemblymember Fitzjearl explained that once a service district had been established, the borough's policy had been to provide with equipment but after establishment, the monies within the service district was used to maintain and replace the equipment. At the presiding officer's request, Mayor Selby explained discussion with the assembly made it clear that once a service district was established, the service district took the responsibility for operations and maintenance of that equipment and any new equipment and replacement. Assemblymember Fitzjearl made it clear that all service districts in place were affected by the resolution but yet they had not had time to comment on the resolution. She had talked with some residents of the service district and their concern was they should have input. Assemblymember Stevens felt the resolution should be a ordinance as the assembly indicated in a work session. STEVENS, moved to table seconded by MILLIGAN Resolution No. 90-68 and direct staff to prepare an ordinance. Regular Assembly Meeting November 1, 1990 RESOLUTION NO. 90-67 RESOLUTION NO. 90-68 Volume XIII Page 231 STEVENS, withdrew motion to table with permission of second Discussion ensued regarding payment to Fire District No. 1 for the recent Landfill fire assistance at the rate established by this resolution. Assemblymember Fitzjearl remembered a discussion where the $10,000 was agreed and discussion that in the future an agreement should be drawn up. Mayor Selby reminded the assembly the fire district's request had been brought to them previously and, at that time, the assembly said no and then brought back up at a subsequent work session. He added that his position from the start had been that payment would be according to the policy the assembly established for this particular instance. Mayor Selby pointed out- of-pocket costs were paid but since the fire trucks were provided with state funds with a considerable contribution by the borough to the fire district, there should be some return of investment. He said the premise of discussion from the beginning had been that $13,000 was not an unreasonable return of investment to the borough but to modify that to make a payment on the first dollars but to increase it to full payment when there was some reasonable return. VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED VOTE ON MOTION AS AMENDED Ayes: Noes: MOTION FAILED Fitzjearl, Monroe, Milligan, Stevens, Hancock, McFarland None Unanimous Monroe, Milligan, Stevens, Hancock, Fitzjearl, McFarland Unanimous Regular Assembly Meeting Volume XIII November 1. 1990 Page 232 STEVENS, seconded by FITZJEARL VOTE ON MOTION moved staff be directed to prepare an ordinance establishing of policy for use of service district equipment outside of a service district and all interested parties be involved in the drafting of that ordinance. MOTION CARRIED Unanimous voice vote C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 90-39 Repealing and Re- enacting Chapter 17.53 (Recreational Vehicle Parks) of the Borough Code. This item was approved under the "Consent Agenda" and advance to Public Hearing on December 6, 1990. 2. Ordinance No. 90-40 Repealing and Re- enacting Chapter 17.40 (Projections into Required Yards) of the Borough Code. This item was approved under the "Consent Agenda" and advance to Public Hearing on December 6, 1990. 3. Ordinance No. 90-41 Creating an Exemption from Property Taxes for Community Purpose Organizations. This item was approved under the "Consent Agenda" and advance to Public Hearing on December 6, 1990. 4. Ordinance No. 90-42 Adopting a Severance Tax Upon Timber and Mining Operations Within the Borough. Presented in first reading was Ordinance No. 90-42 which enacts a severance tax to compensate for the loss of natural resources within the Borough and establishes policy for collection of tax. Advance to Public Hearing on December 6, 1990. MONROE, seconded by STEVENS Regular Assembly Meeting November 1, 1990 moved to adopt Ordinance No. 90-42 in first reading. ORDINANCES FOR INTRODUCTION ORDINANCE NO. 90-39 ORDINANCE NO. 90-40 ORDINANCE NO. 90-41 ORDINANCE NO. 90-42 Volume XIII Page 233 During discussion, it was pointed out the Natives of Kodiak would like to meet with the Assembly during a work session on November 29th to discuss this ordinance and the public hearing date changed to December 20th. HANCOCK, moved to amend Public seconded by MILLIGAN Hearing date to December 20, 1990. Assemblymember Milligan felt uneasy about the possibility of logs that stayed here taxed twice and suggested amending the ordinance so there were no adverse effects on local lumber operations. VOTE ON MOTION TO AMEND PUBLIC HEARING DATE MOTION CARRIED Unanimous voice vote VOTE ON MOTION AS AMENDED Ayes: Noes: MOTION CARRIED D. OTHER ITEMS None. Milligan, Stevens, Hancock, Fitzjearl, Monroe, McFarland None Unanimous INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS 1. Kodiak Island Mental Health Center Advisory Board meeting of June 25, 1990. 2. Kodiak Island Borough Planning and Zoning Commission regular meeting of September 19, 1990. B. REPORTS None. C. OTHER None. OTHER ITEMS INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER Regular Assembly Meeting Volume XIII November 1, 1990 Page 234 CITIZENS' COMMENTS CITIZENS' COMMENTS Scott Arndt discussed the payment to Fire District No. 1 for the equipment used on the Landfill fire. He felt the assembly had agreed to a reimbursement figure of $10,000 and the Fire District board meeting on last Tuesday evening, a motion was passed to formally approve the $10,000 reimbursement figure. He felt Resolution No. 90-68 dealt with the future and not the past Landfill fire. Assemblymember Stevens recalled that there was a firm agreement on reimbursing Fire District No. 1 $10,000. The presiding officer asked the mayor for comments. Mayor Selby said he did not have a clear understanding there was an agreement on $10,000; therefore, he asked the assembly to make a motion to reimburse the fire district $10,000 if that was the way they wanted to proceed. STEVENS, moved to approve seconded by FITZJEARL $10,000 be issued to Fire District No. 1. VOTE ON MOTION Ayes: Hancock, Fitzjearl, Monroe, Milligan, Stevens, McFarland MOTION CARRIED Unanimous ASSEMBLYMEN'S COMMENTS ASSEMBLYMEN'S COMMENTS Assemblymember Milligan encourage everyone to vote on November 6, 1990. Assemblymember Monroe commented on the process of ordinances and public hearings. She reported she had attended the dedication of the Pillar Creek Hatchery. Assemblymember Fitzjearl reported she had also attended the dedication of the hatchery. Presiding Officer McFarland thanked his constituents for the votes for presiding officer and would incorporate humanistic as well as business in the proceedings. He wanted discussion on major hospital maintenance at a work session. He announced the assembly would meet in work session on Thursday, November 8th at 7:30 p.m.; the mayor and assembly would be attending the Alaska Municipal Regular Assembly Meeting Volume XIII November 1. 1990 page 235 League Conference in Anchorage November 12 - 17; and the next regular assembly meeting would be Tuesday, November 20th at 7:30 p.m. There being no further business to come before the assembly, the meeting adjourned at 11:08 p.m. p ATTEST: Bbrou Clerk Regular Assembly Meeting Values XIII November 1, 1990 Page 236