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1990-12-06 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting December 6, 1990 A regular meeting of the Kodiak Island Borough Assembly was held December 6, 1990, 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. The invocation was given by the Reverend Garry Oliver of the Community Baptist Church followed by the Pledge of Allegiance. There were present: Jack McFarland, Presiding Betty Fitzjearl Gordon Gould Suzanne Hancock Mike Milligan Mary Monroe Gary Stevens 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 GOULD, seconded by FITZJEARL MOTION CARRIED CONSENT AGENDA moved to approve agenda as submitted. Unanimous Voice Vote Assemblymember Gould requested that Ordinance No. 90- 44 and Ordinance No. 90-45 be removed from the consent agenda. As there were no other items on the consent agenda, there was no motion to approve. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS A. Employee of the Month Mayor Jerome Selby presented the Employee of the Month award to Tom Dunham, Baler Operator II. Regular Assembly Meeting December 6, 1990 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA CONSENT AGENDA APPROVAL OF MINUTES AWARDS AND PRESENTATIONS EMPLOYEE OF THE MONTH Volume XIII Page 248 CITIZENS' COMMENTS CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing Okey Chandler commented on the fact that a local judge was not appointed by the governor and asked for support in mandating the appointment of someone local. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS COMMITTEE REPORTS None. PUBLIC HEARING PUBLIC HEARING All ordinances and resolutions presented at this meeting were introduced by title only and copies made available to the public. A. Ordinance No. 90-39 Repealing and Re-enacting ORDINANCE Chapter 17.53 (Recreational Vehicle Parks) of NO. 90-39 the Borough Code. Presented for consideration in second reading was Ordinance No. 90-39 which would revise the standards for the development of recreational vehicle parks. This ordinance received first reading on November 1, 1990. STEVENS, moved to adopt seconded by FITZJEARL Ordinance No. 90-39. The presiding officer called for public testimony. Scott Arndt recommended adoption of Ordinance No. 90- 39 as he felt it was close to being workable. Mike Rasmussen asked for clarification on the maximum length of occupancy for each lot being sixty days in a twelve month period. Mayor Selby pointed out this referred to an individual lot, not the entire park. Mike Rasmussen favored the ordinance. Scott Arndt pointed out Section 17.53.050.A(1), stating that no certificate of occupancy shall be issued for the permanent dwelling unit until the recreational vehicle is vacated, causes a "Catch 22" Regular Assembly Meeting Volume XIII December 6, 1990 Page 249 situation because you could not move into the house until the C.O. was issued but you could not move out of the trailer until you have the occupancy permit. Presiding Officer McFarland asked Linda Freed, Director of the Community Development Department, for a staff report. During a lengthy question and answer period with Assemblymembers, Ms. Freed discussed the changes and/or deletions made to this section of Title 17 to benefit the community. Scott Arndt reiterated the ordinance was a step in the right direction. The presiding officer closed the public hearing and reconvened the regular meeting. VOTE ON MOTION TO ADOPT Ayes: Noes: Fitzjearl, Hancock, Milligan, Monroe, Stevens, McFarland Gould MOTION CARRIED 6 ayes, 1 no B. Ordinance No. 90-40 Repealing and Re-enacting ORDINANCE Chapter 17.40 (Projections into Required Yards) NO. 90-40 of the Borough Code. MONROE, moved to adopt seconded by MILLIGAN Ordinance No. 90-40 Presented for consideration in second reading was Ordinance No. 90-40 which revised the projections into the required setbacks established for each land use district. This ordinance received first reading on November 1, 1990. The presiding officer opened the public hearing. Scott Arndt expressed a problem with building projections in a sideyard. He understood from previous discussions the projection was not to exceed one foot to allow fire personnel to access the rearyards of buildings via the sideyard. The presiding officer asked Ms. Freed to comment on the ordinance. She discussed with assemblymembers the changes to Section 17.40. Regular Assembly Meeting Volume XIII December 6, 1990 Page 250 The presiding officer closed the public hearing and reconvened the regular meeting. Discussion ensued about possible amendments. STEVENS, moved to postpone seconded by FITZJEARL and refer to staff for revision. VOTE ON MOTION TO POSTPONE Ayes: Gould, Hancock, Milligan, Monroe, Stevens, Fitzjearl, McFarland Noes: None MOTION CARRIED Unanimous C. Ordinance No. 90-41 Creating an Exemption from Property Taxes for Community Purpose Organizations. Presented for consideration in second reading was Ordinance No. 90-41 which would give non-profit organizations that economically benefit the community a tax-exempt status. This ordinance received first reading on November 1, 1990. MILLIGAN, seconded by STEVENS moved to adopt Ordinance No. 90-41 The presiding officer opened the public hearing. Mike Rasmussen opposed the ordinance because he felt there were enough non-profit organizations exempted. Bill Bulen felt that any erosion of the tax base made taxes go up and did not benefit the community. Wayne Stevens, Executive Director of the Chamber of Commerce, said that since the chamber was IRS tax exempt, the borough code should be brought into line. Scott Arndt opposed adoption of Ordinance No. 90-41. Okey Chandler suggested the ordinance state all of the exemptions. The presiding officer closed the public hearing and reconvened the regular meeting. Regular Assembly Meeting December 6, 1990 ORDINANCE NO. 90-41 Volume XIII Page 251 Upon request, Mayor Selby explained the difference between non-profit and profit organizations. He said the Chamber was a non-profit corporation under federal IRS code and a profit corporation under state code. He explained the chamber leased a building and are taxed based on the value of the lease. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION FAILED Monroe, Stevens Hancock, Milligan, Fitzjearl, Gould, McFarland 2 ayes, 5 noes The presiding officer called a ten minute recess. MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby reported the language requested by Alaska Congressional Delegation for the wetlands was adopted by the American Congress of Cities in Houston which gave nation-wide effort to get the attention of Congress. He felt there was a rational approach to overall planning and zoning in the comprehensive plan. He met with Exxon officials in Houston about the raw fish tax and received a commitment for resolution on a statewide basis. He had a discussion with Senator Pat Pourchot, the co-chair of the Senate Finance Committee, and Ron Garzini, KIB lobbyist, on the upcoming legislative session for the municipalities approach to emphasizing school capital projects, health facilities, and road/harbor/dock/airport maintenance projects. He attended the Resource Development Council meeting where wetlands and cost of oil that impacted the tourism and fishing industry were issues. He also attended the North Pacific Fisheries Management Council where the 1991 quotas and seasons for the gulf of Alaska were being set. The mayor suggested the assembly consider postponing the public hearing on the severance tax ordinance to January 17, 1991, as it had become apparent the ordinance needed to be reworked. Regular Assembly Meeting Volume XIII December 6, 1990 Page 252 OLD BUSINESS None NEW BUSINESS A. BID AWARDS 1. Pick up of Oil Spill Waste GOULD, seconded by MILLIGAN moved to award pick up of oil spill waste to Island Provider Freight Company at a rate of $1,500 per day plus fuel for not more than ten days and NTE $19,000. Assemblymember Gould asked for a report from the mayor about liability with borough -owned oil on board the vessel. Mayor Selby said that it would be handled the same way as fuel deliveries to Karluk by requiring a certificate of insurance from the company or adding a rider on the borough policy to provide the coverage. Borough attorney Joel Bolger was asked for legal advice on wording for an amendment to cover the liability issue. He said it could either be an indemnity clause or insurance and could be amended to direct staff to enter into the contract with adequate insurance or provisions to indemnify the borough in case of any liability from hazardous substance. GOULD, seconded by STEVENS VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED moved to amend to include an agreement with Island Provider that the Borough is indemnified against oil spills or some other mechanism to protect the Borough. Milligan, Monroe, Stevens, Fitzjearl, Gould, McFarland Hancock 6 ayes, 1 no OLD BUSINESS NEW BUSINESS BID AWARDS OILED WASTE Regular Assembly Meeting Volume XIII December 6, 1990 Page 253 VOTE ON MOTION AS AMENDED Ayes: Noes: MOTION CARRIED B. RESOLUTIONS Monroe, Stevens, Fitzjearl, Gould, Hancock, Milligan, McFarland None Unanimous 1. Resolution No. 90-71 Accepting Emergency Medical Service Grant Funds from the Southern Region EMS Council. Presented for consideration was Resolution No. 90-71 which would accept a pass-through grant from the State of Alaska. These funds are passed on to the Kodiak Island Natives Association. MILLIGAN, seconded by FITZJEARL VOTE ON MOTION MOTION CARRIED moved to adopt Resolution No. 90-71 Unanimous voice vote 2. Resolution No. 90-72 Supporting the Designation of Economic Development District by the Southwest Alaska Municipal Conference and the Southwest Alaska Regional Development Board. Presented for consideration was Resolution No. 90-72 which supports pursuit of an economic and business development district plan for Southwest Alaska. STEVENS, seconded by MILLIGAN VOTE ON MOTION MOTION CARRIED 3. Resolution No. Rehabilitation. moved to adopt Resolution No. 90-72 Unanimous voice vote 90-73 Supporting King Crab Presented for consideration was Resolution No. 90-73 which supports the funding of king crab rehabilitation by the State of Alaska. Regular Assembly Meeting December 6, 1990 RESOLUTIONS RESOLUTION NO. 90-71 RESOLUTION NO. 90-72 RESOLUTION NO. 90-73 Volume XIII Page 254 MILLIGAN, seconded by FITZJEARL VOTE ON MOTION TO ADOPT MOTION CARRIED moved to adopt Resolution No. 90-73 Unanimous voice vote 4. Resolution No. 90-74 Supporting the Installation of School Warning Lights at the Mill Bay Road Crosswalk for schools in the Area. Presented for consideration was Resolution No. 90-74 which supports the installation of school warning lights on Mill Bay Road for the students in the Mill Bay Road/Von Scheele/Benny Benson area. FITZJEARL, seconded by MILLIGAN FITZJEARL, seconded by GOULD VOTE ON MOTION TO AMEND MOTION CARRIED moved to adopt Resolution No. 90-74. moved to amend by replacing "East Elementary School" with "schools in the area." Unanimous voice vote VOTE ON MOTION TO ADOPT AS AMENDED MOTION CARRIED Unanimous voice vote C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 90-43 Rezoning Tracts A, B, and D Located Within Lots 15 and 24, U.S. Survey 2539 From Conservation To B -- Business; and Tracts C and E Located Within Lots 15 and 24, U.S. Survey 2539 From Conservation To RR1--Rural Residential One (Generally located in the area known as Swampy Acres) Presented in first reading was.Ordinance No. 90-43 which would provide appropriate zoning districts to allow for long term planning and development of the property. HANCOCK, seconded by STEVENS Regular Assembly Meeting December 6, 1990 moved to adopt Ordinance No. 90-43 in first reading. RESOLUTION NO. 90-74 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 90-43 Volume XIII Page 255 Linda Freed, Community Development Director, answered questions from the assembly on this rezoning request. Assemblymember Gould asked that the applicant be present at the public hearing. VOTE ON MOTION Ayes: Fitzjearl, Gould, Hancock, Milligan, Monroe, Stevens, McFarland Noes: MOTION CARRIED None Unanimous 2. Ordinance No. 90-44 Repealing Chapter ORDINANCE 17.68, Appeals, and Chapter 17.80, Board of NO. 90-44 Adjustment, of the Borough Code and Enacting Chapter 17.80, Appeals to the Assembly, and Chapter 17.90, Appeals to the Commission, of the Borough Code. Presented in first reading was Ordinance No. 90-44 which would revise the appeal procedures for Title 17, Zoning: GOULD, moved to adopt seconded by FITZJEARL Ordinance No. 90-44 in first reading. Assemblymember Gould expressed concern that this ordinance excluded the City Council from the appeal process. Mayor -Selby said it had been discussed with the City Council and pointed out that currently the Council hears an appeal under borough code which they have not written and are uncomfortable with. He suggested this be discussed during the next joint work session to see if they had changed their mind. VOTE ON MOTION MOTION CARRIED Ayes: Noes: MOTION CARRIED Regular Assembly Meeting December 6, 1990 Gould, Hancock, Milligan, Monroe, Stevens, Fitzjearl, McFarland None Unanimous Volume XIII Page 256 3. Ordinance No. 90-45 Repealing and Re- enacting Chapter 17.57, Off -Street Parking, of the Borough Code. Presented for consideration in first reading was Ordinance No. 90-45 which would revise the off-street parking requirements of the code. FITZJEARL, moved to adopt seconded by MILLIGAN Ordinance No. 90-45 in first reading. Assemblymember Gould felt there needed to be clear goals because this ordinance impacted the city. The assembly discussed with Ms. Freed the present off-street parking code requirements versus the revised off-street parking requirements. VOTE ON MOTION Ayes: Ayes: MOTION CARRIED Milligan, Monroe, Stevens, Fitzjearl, Gould, Hancock, McFarland None Unanimous 4. Ordinance No. 90-46 Increasing the Membership of Hospital and Health Facility Advisory Board. Presented for consideration in first reading, Ordinance Nb. 90-46 would increase the size of the board from beven to nine members. GOULD, seconded by MONROE moved to adopt Ordinance No. 90-46 in -first reading. The presiding officer noted that the hospital board had passed a resolution identifying the need to expand the board. VOTE ON MOTION Ayes: Noes: Milligan, Monroe, Stevens, Fitzjearl, Gould, Hancock, McFarland None ORDINANCE NO. 90-45 ORDINANCE NO. 90-46 Regular Assembly Meeting Volume XIII December 6, 1990 Page 257 MOTION CARRIED Unanimous D. OTHER ITEMS None. INFORMATIONAL MATERIALS (No action.required) A. MINUTES OF OTHER MEETINGS 1. KIB School Board Regular.Meeting of October 22, 1990. 2. KIB School Board Special Meeting of November 5, 1990. B. REPORTS 1. KIBSD October Report of Revenues and Expenditures. 2. Community Development Department October 1990 Status Report. CITIZENS' COMMENTS None. ASSEMBLYMEN'S COMMENTS HANCOCK, seconded by GOULD VOTE ON MOTION moved to postpone the public hearing on Ordinance No. 90-42 to January 17, 1991 meeting. MOTION CARRIED Unanimous voice vote Assemblymember Milligan commented on the resolution of the "Impressions" reading program at the grade schools. Assemblymember Hancock remarked that a good job was being done to pick up garbage but there was a need to keep working on it. Assemblymember Monroe thanked the Planning & Zoning Commission for the work they did preparing the Title 17 rewrites. She recounted the need for goal setting, comprehensive planning,,and a framework and philosophy by the Assembly. Assemblymember Stevens acknowledged that Mr. Chandler's petition to change the constitution was Regular Assembly Meeting December 6, 1990 INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS CITIZENS' COMMENTS ASSEMBLYMEN'S COMMENTS ORDINANCE NO. 90-42 Volume XIII Page 258 best processed through the people and not the assembly. Assemblymember Fitzjearl also thanked the Planning & Zoning Commission and Linda Freed for the work presented. Assemblymember Gould asked Ms. Freed for a report on the Bureau of Census figures for the Borough. She replied that she had not heard the results of the recanvass but thought the final figures might be published by April 1, 1991. She said there was great concern nationwide over the census figures. When asked about reapportionment, Ms. Freed said Senate District N would probably be in the same configuration as now. She added that Governor Hickel could appoint a different reapportionment board which would mean the testimony would need to be given again. Assemblymember Gould recommended that the figures in the Community Development Department's status report be compared to the previous year's figures, for example. Ms. Freed indicated that if that were the wishes of the Assembly, it could be done. When asked how often meetings were held with the service district boards, Mayor Selby responded that usually twice a year or when a specific issue arose. The new assembly was looking forward to joint meetings with the service district boards: Presiding Officer McFarland announced that the Clerk was structuring an outline for meetings with the committees for the assembly to discuss a format in involving the public in the procedure. He suggested a committee be formed to develop comprehensive tax plan to generate income or economic development. He credited Lonnie White, FRED, and NMPS for the work done on the king crab rehabilitation issue. Presiding Officer McFarland announced the next regular meeting of the Assembly was December 20th at 7:30 p.m.; a joint work session with the Hospital Advisory Board on Friday, December*7th at noon in the conference room; a work session on Thursday, December 13th at 7:30 p.m. in the conference room; an assembly/school board joint work session at 1:00 p.m. Saturday, December 15th, for a tour of the high school; an assembly/city council joint work session on December 18th at 7:30 p.m.; and a work session with Senator Zharoff and Representative Davidson at noon on December 19th in the conference room. Regular Assembly Meeting Volume XIII December 6, 1990 Page 259 EXECUTIVE SESSION FITZJEARL, seconded by MILLIGAN VOTE ON MOTION moved to recess to executive session to discuss pending litigation." Ayes: Monroe, Stevens, Fitzjearl; Gould, Hancock, Milligan, McFarland Noes: None MOTION CARRIED Unanimous The assembly recessed into executive session at 11:00 p.m. Presiding Office McFarland reconvened the regular meeting at 11:18 p.m. and reported no action would be taken as a result of the executive session. There being no further business to come before the assembly, the meeting adjourned at 11:18 p.m. Pre'iding (Of fic ATTEST: .�A B rou lerk EXECUTIVE SESSION Regular Assembly Meeting Volume XIII December 6, 1990 Page 260