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1991-01-17 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting January 17, 1991 A regular meeting of the Kodiak Island Borough Assembly was held January 17, 1991, 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. Presiding Officer McFarland led the Pledge of Allegiance. There were present: Jack McFarland, Betty Fitzjearl Suzanne Hancock Mary Monroe 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 Presiding Gordon Gould Mike Milligan Gary Stevens FITZJEARL, moved to approve agenda seconded by MILLIGAN as submitted. VOTE ON MOTION MOTION CARRIED APPROVAL OF MINUTES A. K.I.B. Assembly Meeting FITZJEARL, seconded by STEVENS VOTE ON MOTION MOTION CARRIED AWARDS AND PRESENTATION A. Student of the Month Mayor award to Dan Rohrer, Junior, Kodiak High Month High School, Regular Assembly Meeting January 17, 1991 Unanimous voice vote of December 6, 1990. moved to approve minutes as submitted. Unanimous voice vote KIBS104 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES AWARDS AND PRESENTATIONS STUDENT OF THE MONTH Volume XIV Page 19 CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing Scott Arndt addressed the Service District No. 1 sewer /water transfer agreement and was available to answer any questions the Assembly may have. Scott Thompson asked that the Assembly hear comments from the public while discussing the Service District No. 1 sewer /water transfer agreement. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS COMMITTEE REPORTS Scott Arndt appeared before the Assembly representing Fire District No. 1 and Service District No. 1. Assemblymember Milligan reported on his attendance at the Cook Inlet Citizens Regional Advisory Council to discuss by -laws. Assemblymember Stevens said the school district budget review committee was meeting at noon every Thursday in the school district conference room. He asked the public to participate in the meetings. He felt the concerns and unknowns were the Governor's budget on funding for education. Assemblymember Gould announced the Hospital Advisory Board meets every second and fourth Wednesday of the month at 7:00 p.m. at the hospital. The Board welcomed new members, Lorne White and Gil Bane, and elected Betty Springhill as chairman, Lorne White as vice - chairman, and Jeanne Volker as secretary - treasurer. He reported the administrator's recruitment was progressing, and there would be three eligible candidates here in sixty days for interviews. He informed the Assembly the funds from the hospital had been transferred into the Borough's central treasury. He requested the Assemblymembers attend a retreat at the Buskin River Inn to set goals and objectives. He called attention to the public hearing on January 29th at 3:00 on the Certificate of Need. Presiding Officer McFarland had been involved in the Planning & Zoning Commission meetings and commended them for their hard work. He reported on the Parks & Recreation Committee where criteria for 1991 was developed and established. Regular Assembly Meeting January 17. 1991 KIBS1042 CITIZENS' COMMENTS +3e 20 PUBLIC HEARING All ordinances and resolutions had meeting were introduced by title been made available to the public. only A. Ordinance No. 90 -20 -C Amending Ordinance No. 90- ORDINANCE -C 20, FY 91 Budget. Presented for consideration was Ordinance No. 90 -20 -C which would amend the FY 91 budget by reflecting certain changes that are desirable and necessary in the current budget as indicated in the budget amendment columns on the sheets attached with the ordinance. STEVENS, moved to adopt seconded by MILLIGAN Ordinance No. 90 -20 -C. Presiding Officer McFarland staff report from Mayor Selby. adjustments to the changes werein school u n a maintenanceandrepair liner items. The presiding officer called for public testimony, there being none, the assembly was reconvened. GOULD, moved to amend seconded by MONROE "Borough Projects" to $1,746,280 and revise budget to $5,014,860 and to add "Buildings and Grounds" at $717,000. The Presiding Officer asked the Mayor to elaborate on the revisions. Mayor Selby commented there two changes to the ordinance since first introduc ( an expenditure in Fund 044 to expand air mapping by $6,050 to include the Boy Scout Lake area, which would be reimbursed 100% by the Natives of Kodiak and shows as Fund 044 revenue, and (2) line items within Fund 057 for the spring junk auto program. VOTE ON MOTION TO AMEND Ayes: Noes: Regular Assembly Meeting January 17, 1991 Fitzjearl, Gould, Hancock, Milligan, Monroe, Stevens, McFarland N KIBS104265 PUBLIC HEARING Vol...gue XIV Page 21 MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: None MOTION CARRIED Unanimous Gould, Hancock, Milligan, Monroe, Stevens, Fitzjearl, McFarland ORDINANCE B. Ordinance No. 90 -48 Amending Assembly Order of NO. 90 -48 Business and Ordinance Adoption Procedures. Presented for consideration was Ordinance No. 90 -48 which would codify the agenda format currently used. This ordinance would also change the second reading of ordinances from one month after introduction to the following meeting, but the assembly would still have the option of setting the second reading for some other date. GOULD, moved to adopt seconded by MILLIGAN Ordinance No. 90 -48. Presiding Officer McFarland asked the Clerk for a staff report. Clerk Vaughan informed the Assemblymembers that the ordinance was at the request of the Assembly and changed the procedure for second reading and public hearing on ordinances. The Presiding Officer called for public testimony. Scott Arndt raised the issue of changing the thirty days from introduction of ordinances to adoption of ordinances to two weeks. He preferred the thirty days because he felt it was virtually impossible to receive committee input in two weeks. Mike Rasmussen supported the above speaker's comments as it gave the public more time to get the information and respond. The Presiding Officer closed the public hearing and reconvened the regular meeting. Mac - - ' -- Ai a...0 .....A 1... A.........1.1 .....a...1.a.a 11Lc kls 1LLVsyas L.JLS' CL 1, \{1JlrYDJGY Lj rllGUWaj u.auu.�cap was the timeframe from introduction to public hearing of ordinances. Most assemblymembers felt there were safeguards, such as postponing and referring to committees, that would stop ordinances from being rushed through and that the public hearing garnished Regular Assembly Meeting January 17, 1991 KIBS104266 .3e 22 more information than first reading. Two Assemblymembers felt uneasy about adoption of ordinances without extra time to contact constituents for feedback. the proposed procedure with th p efficiency. Mr. Arndt returned to speak at Assemblymember Fitzjearl's request. He remembered that the original intent of two meetings a month was to introduce ordinances at a designated meeting once a month with the public hearing to be one month late. thHe two zoning ordinance questions as an example weeks was not enough time to research the issues. Presiding Officer McFarland asked Linda Freed, Community Development Director, to comment. She said Planning & Zoning tried to provide all background information to the Assembly before the first reading. Clerk Vaughan responded to Presiding Officer McFarland's request for her comments. The Clerk provided the reason of the change to two meetings a month which were to reduce the need for special meetings for items that could not wait for thirty days. Assemblymember Fitzjearl reiterated her concern about the expediency of adopting ordinances without enough input; however, Assemblymember Hancock felt that, on hand the other ordinanceswere concl public would concluded in a more timely manner. Presiding Officer McFarland asked Mayor Selby if he foresaw a problem. Mayor Selby thought there would be less confusion as the City of Kodiak also had a two -week timeframe. VOTE ON MOTION TO ADOPT Ayes: Regular Assembly Meeting January 17, 1991 Hancock, Milligan, Monroe, Stevens, Gould, McFarland Fitzjearl Noes: MOTION CARRIED 6 ayes, I no KIBS10426 Fige 23 MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby read a proclamation declaring February 1991 American History Month. His comments on the Southwest Alaska Municipal Conference he attended in Anchorage mentioned the meeting with Anchorage's Mayor Fink to identify common items and set up committees on transportation, fish issues, health care, developing and enhancing existing businesses, data collection and marketing for new business opportunities, and solid waste development. Mayor Selby congratulated Assemblymember Stevens on being elected treasurer of the Southwest Alaska Municipal Conference for the coming year. Mayor Selby encouraged support for President Bush, Congress, and the troops in the Gulf during this time of war. OLD BUSINESS OLD BUSINESS Presiding Officer McFarland recessed the regular meeting and reconvened the Board of Adjustment. BOARD OF 1. Board of Adjustment - Findings of Fact ADJUSTMENT An appeal by Jackson's Mobile Home Park of the Planning and Zoning Commission's approval of a request for an exception from Section 17.18.020 (permitted uses) of the Borough Code to permit a fourteen (14) foot by forty -six (46) foot addition to an existing non - conforming automobile repair shop, located in the R- 1-- Single family residential zoning district, Lot 23B, U.S. Survey 3099, 2657 Metrokin Way. (Applicant: Wayne Coleman; Appellant: Jackson's Mobile Home Park) MONROE, moved to adopt seconded by MILLIGAN the findings of fact. As part of her motion, Assemblymember Monroe read the findings of fact as follows: " In support of the Board of Adjustment's decision to uphold the Planning and Zoning Commission's decision to grant an exception from Section 17.18.020 (Permitted used) of the Borough Code to permit a fourteen (14) foot by forty -six (46) foot addition to an existing nonconforming repair shop located in the R1-- Single- Family Residential Zoning District. Lot 23B, U.S. Survey 3099; 2657 Metrokin Lane. Regular Assembly Meeting January 17, 1991 KIBS104268 Volume XIV Page 24 1. The use of the structure on Lot 23B for a nonconforming vehicle repair shop will not endanger the public's health, safety, or general welfare. This land use has occupied this location for at least twenty -four (24) years and there have only been two (2) minor off - street parking violations documented by staff during this time. Enlargement and improvement of the existing structure and use on this lot will be accomplished in accordance with the appropriate zoning codes, building codes, and conditions of approval placed on request by the Planning and Zoning Commission. Such conditions address aspects of the use, such as screening and off - street parking. 2. The use of Lot 23B for a nonconforming vehicle repair shop is not consistent with the general purposes and intent of Title 17 of the Borough Code. Section 17.18.010 (Description and Intent) of the Borough Code does not encourage the promulgation and /or enlargement of nonconforming commercial uses in the R1- Single - Family Residential Zoning District. However, subject to conditions of approval the use proposed for expansion should not interfere with the development or continuation of single - family dwellings in the district. Based on the record of this property, it appears that the use of the property for vehicle repair could continue indefinitely, to the extent currently permitted. This would even permit the replacement of the existing structure, even though it would not necessarily permit expansion. While this might encourage the discontinuance of the existing use which is not permitted in this zoning district, it would not provide for any beneficial improvements that would require the use to fit more compatible with the surrounding residential developments. 3. Granting this exception should not adversely impact other properties or uses in the neighborhood as a result of the required conditions of approval. use and improvements on the lot will, at a minimum, meet the standards required for a commercial use in the B -- Business Zoning that adequate condition of approval, will trict st adequate fnr the use and that off - street parking is aa, the use is adequately screened from the adj acent residential lots and uses. The existing building is set back about seven and one -half (7 1/2) feet from the front lot line (along Metrokin Way). This does not permit the vehicles Regular Assembly Meeting January 17. 1991 KIBS104269 Vs:-me XIV Page 25 routinely parked in front of the building to get completely out of the right -of -way. A new parking plan is required to provide for off - street parking of all vehicles on the lot. Enlargement of the nonconforming structure and use should improve the looks of the area by getting more of this operation inside a structure. The encroachment by the proposed addition as well as the existing structure is permitted by a previously granted variance which accompanied the original exception for the use of this property." VOTE ON MOTION TO ADOPT Ayes: Noes: Fitzjearl Milligan, Monroe, Stevens, Gould, Hancock, McFarland MOTION CARRIED 6 ayes, 1 no Presiding Officer McFarland adjourned the Board of Adjustment and reconvened the regular meeting. WATER /SEWER 2. Service District No. 1 Sewer /Water Transfer TRANSFER Agreement AGREEMENT GOULD, seconded by MILLIGAN Assemblymember Gould understood that the residents of the service district wanted the transfer to be defeated to give them an opportunity to initiate a petition for annexation to the City of Kodiak. His feeling was that this was good for the residents of the service district for three reasons: (1) It puts the common water and sewer lines that are connected all to one system under one management scheme. (2) It guarantees to the service district users, those outside the city limits, the same rate for their water and sewer - -a user fee -as the citizens of the city and treats it as one system and everybody is charged the same. (3) The service district still continues to represent the views of those people in the service district who are not served in terms of future extensions of services to those areas. He was willing to oppose the transfer at this time but during budget considerations, if there was no action Regular Assembly Meeting January 17. 1991 KIBS104 moved to approve the agreement for transfer of Service District No. 1 water /sewer improvements to the City of Kodiak. Vck_me XIV Page 26 ito t initiate processing, he would request transferred. The Assembly elicited comments from the public. Mr. Arndt asked why only part of the service district and not all. He requested the roads and fire be added as this was the reasoning behind the board's recommendation, not only water and sewer. In providing background information, he explained that Service District No. 1 performed three functions - sewer enterprise fund, water enterprise fund, and road maintenance through taxation. He said turning ownership of the utilities over to the city did not guarantee a one -user rate because the city's ordinance specifically required those outside of the city limits to pay a surcharge. He raised the issue of the service district going through a transition period because of the artificial boundary city, which he felt was time to eliminated. He reiterated the service district board's recommendation was not to turn the utility over to the city. Assemblymembers discussed with M r . Ardnt the calculations if the utility was the city. The annexation process was discussed by Assembly - members with issue budgetas an preparations. Assemblymembers expressed their goal was to find out service what the residents of the district annexation, utility transfer, orstatusquowant-- Mike Rasmussen favored the transfer of the utility system and urged the agreement state the users of the service district would be treated the same as city residents. The Assembly and Mayor discussed the ramifications of the utility transfer verses annexation of the service district to the city. VOTE ON MOTION Ayes: Milligan, McFarland Noes: Regular assembly Meeting January 17, 1991 Monroe, Stevens, Fitzjearl, Gould, Hancock KIBS10 Volume XIV Page 27 MOTION FAILED 2 ayes, 5 noes 3. Clerk's Employment Agreement STEVENS, seconded by FITZJEARL moved to postpone until after executive session. VOTE ON MOTION MOTION CARRIED Unanimous voice vote NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS None. B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 91 -01 Appointing an RESOLUTION Authorized Representative to Inspect, NO. 91 -01 Secure, and Sign for Surplus Federal Property for Use by Kodiak Island Borough. MILLIGAN, moved to adopt seconded GOULD Resolution No. 90 -01. Mayor Selby was asked for a staff report. He said this resolution was required every three years to renew the authorization to bid on and acquire federal and state surplus property. VOTE ON MOTION TO ADOPT MOTION CARRIED Unanimous voice vote 2. Resolution No. 91 -02 Commending the Contributions and Efforts by Kodiak Citizens and Groups in Organizing the Charter Kodiak Inaugural Ball. GOULD, moved to adopt seconded by FITZJEARL Resolution No. 91 -02 Assemblymember Hancock explained this resolution thanked the people and groups for their efforts in bringing this special event to our community. VOTE ON MOTION TO ADOPT MOTION CARRIED Unanimous voice vote Regular Assembly Beating January 17, 1991 KIBS104272 AGREEMENT RESOLUTION NO. 91 -02 Vs:..ne X1V Fa ;e 28 C. ORDINANCES FOR INTRODUCTION ORDINANCES None. D. OTHER ITEMS 1. Woodland Acres Street Lighting Service APPOINTMENT District Board Member Appointment. FITZJEARL, moved to appoint seconded by STEVENS Bob Hatcher to the Woodland Acres Street Lighting Service District Board for a three -year term expiring December 31, 1993. VOTE ON MOTION MOTION CARRIED Unanimous voice vote INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS 1. Kodiak Island Hospital Advisory Board Meeting of December 12, 1990. B. REPORTS 1. KIB Financial Report of December, 1990. C. OTHER None. CITIZENS' COMMENTS Scott Thompson expressed his views on balancing the maintenance of utilities and roads in Service District No. 1. Scott Arndt commented on the need for the Assembly to meet with the service districts. ASSEMBLYMEN'S COMMENTS Assemblymember Gould congratulated the Kodiak island Hospital Employee of the Year Juanita Jones, Director of Nursing for the Care Center. Assemblymember Fitzjearl expounded on her attendance at the Southwest Alaska Municipal Conference on Regular Assembly nesting KIBS1042 January 17, 1991 INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS ASSEMBLYMEN'S COMMENTS Vo:ume XIV Page 29 January 10, 11, 12, and 13. She found it to be very informative as issues common to southwest communities were addressed, committees established, and resolutions passed. She spoke to budget controls within the Assembly since the state was cutting five percent and sending only one or two representatives to conferences. Assemblymember Stevens thought it was particularly important for all assemblymembers to be involved in SWAMC because of our size. Assemblymember Monroe cited a comment from an speaker during SWAMC who said the value of the fish product in the southwest region was greater in relation to the population in the area than the oil revenues were to the population of the state. Assemblymember Hancock hoped that those representing us overseas -- elected officials, troops - -were being remembered. Assemblymember Milligan complimented Chris Blackburn, Kodiak City Councilmember, for the introduction of a resolution requesting the appointment of a task force on ecosystem fish system management versus species fish management during SWAMC. He reported on attendance at the Cook Inlet Citizens Advisory Committee. He reminded people to support the effort in the Mid -East. Presiding Officer McFarland responded to a comment made by saying this Assembly had been excellent and prudent in research and development of issues. He thought Assemblymember Fitzjearl's comments were well taken and suggested perusing the conference agendas to decide if one or two assemblymembers could cover but to keep in mind the diversification of the assembly and need to cover the various issues. He gave credit to Scott Burgess, Alaska Municipal League Director, for proposing a blue - ribbon committee to help create a focus for the legislature on broader issues such as hospitals, roads, etc. Support of our troops in the Mid -East was also an item Assemblymember McFarland felt strongly about. Presiding Officer McFarland announced the Assembly would meet in a joint work session with the Hospital Advisory Board on Saturday, January 19th at the Buskin River Inn beginning at 9:00 a.m.; a work session on Thursday, January 24th at 7:30 p.m. in the Borough conference room; a work session on Saturday, Regular Assembly Meeting January 17, 1991 KIBS104274 ..ae XLV Page 30 January 26th at 9:00 a.m. beginning at the Mental Health Center and moving to the Borough Conference Room about noon; a work session on Thursday, January 31st at 7:30 p.m. in the Borough conference room; and the next regular meeting on Thursday, February 7th at 7:30 p.m. in the Assembly Chambers EXECUTIVE SESSION FITZJEARL, seconded by MILLIGAN VOTE ON MOTION Ayes: Noes: VOTE ON MOTION MOTION CARRIED STEVENS, seconded by MILLIGAN Regular Assembly Meeting January 17, 1991 moved to recess into executive session for the purpose of discussing the Clerk's employment agreement. Stevens, Fitzjearl, Gould, Hancock, Milligan, Monroe, McFarland None MOTION CARRIED Unanimous The Presiding Officer recessed into executive session at 9:40 p.m. and reconvened the regular meeting at 11:30 p.m. He reported no action was taken during the executive session. STEVENS, moved to extend the seconded by FITZJEARL meeting past 11:30 p.m. Unanimous voice vote moved to approve Clerk's employment agreement as presented by the Clerk. Presiding Officer McFarland pointed out two significant changes in the contract, which were 60 days severance and professional development. The Presiding Officer called for a five minute recess at the request of Assemblymember Fitzjearl. EXECUTIVE SESSION KII,04275 ._._ae XIV Page 31R 6: GOULD, seconded by MILLIGAN VOTE ON MOTION TO DIVIDE QUESTION Ayes: Noes: MOTION FAILED GOULD, seconded by STEVENS VOTE ON MOTION TO AMEND Ayes: Noes: MOTION FAILED GOULD, seconded by MILLIGAN VOTE ON MOTION TO AMEND Ayes: Noes: MOTION FAILED Regular lutaably Meeting January 17. 1991 moved to divide the question with No. 1 to be the approval of the clerk's contract and No. 2 the salary that would be included in that contract. Gould Fitzjearl, Hancock, Milligan, Monroe, Stevens, McFarland 1 aye, 6 noes moved to amend the presented contract and insert in the salary $52,800. Gould, McFarland Hancock, Milligan, Monroe, Stevens, Fitzjearl 2 ayes, 5 noes moved to amend the salary from $55,704 to $54,500. Gould, McFarland Hancock, Milligan, Monroe, Stevens, Fitzjearl 2 ayes, 5 noes KIBS104276 • ige 32 VOTE ON MOTION TO APPROVE CONTRACT Ayes: ATTEST: g e B rou lark , Regular Assembly Meeting January 17. 1991 KIBS 104277 Stevens, Fitzjearl, Gould, Hancock, Milligan, Monroe, McFarland Noes: None MOTION CARRIED Unanimous There being no further business to come before the assembly, the meeting adjourned at 11:45 p.m. .se XIV :ape 33