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1991-02-07 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting February 7, 1991 A regular meeting of the Kodiak Island Borough Assembly was held February 7, 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. The invocation was given by Bob Wick, Associate Paster of the Kodiak Bible Chapel, followed by the Pledge of Allegiance. There were present: Jack McFarland, Presiding Betty Fitzjearl Gordon Gould Suzanne Hancock Mike Milligan Mary Monroe excused: Gary Stevens (vacation) comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Gaye J. Vaughan, Borough Clerk APPROVAL OF AGENDA GOULD, seconded by HANCOCK GOULD, seconded by FITZJEARL VOTE ON MOTION TO AMEND MOTION CARRIED VOTE ON MOTION AS AMENDED MOTION CARRIED Regular Assembly Meeting February 7. 1991 moved to approve agenda as submitted. moved to amend agenda to add Lakeside Subdivision rezone to "New Business ". Unanimous voice vote Unanimous voice vote KIBS104278 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA Volume XIV Page 34 APPROVAL OF MINUTES A. K.I.B. Assembly Meeting HANCOCK, seconded by MONROE VOTE ON MOTION MOTION CARRIED AWARDS AND PRESENTATIONS CITIZENS' COMMENTS None. COMMITTEE REPORTS Regular Assembly Meeting February 7. 1991 of December 20, 1990. moved to approve minutes of December 20, 1991. Unanimous voice vote A. Employee of the Month Mayor Jerome Selby presented the Employee of the Month award to Sheila Perry, Cashier in the Finance Department. Robin Heinrichs, P &Z representative, reported that Tom Hendel was elected chairman and Jody Hodgins as vice -chair at the January meeting. At a work session last night, there was discussion with the fire chiefs from Womens Bay, City of Kodiak, and Bayside Fire Department regarding projections into required side - yard setbacks. Another issue discussed was the continuing effort in writing the new comprehensive plan, and he encouraged the Assembly to respond with their comments as soon as possible. Mr. Heinrichs asked for direction on the Lakeside Subdivision rezone that had been added to the agenda. Assemblymember Gould explained Planning and Zoning Commissioners would be requested to review the appropriateness of industrial zoning in that area and if not appropriate, recommend proper zoning. Assemblymember Hancock was involved in the Kodiak College Council meeting of January 28th where the drug -free schools faculty circuit trainer, Sue Hastings, was introduced. Assemblymember Milligan had attended the Cook Inlet Regional Citizens Advisory Committee in Kenai. He said the committee was mandated by federal legislation as part of the 1990 Oil Pollution Act. KIBS104279 APPROVAL OF MINUTES AWARDS AND PRESENTATIONS EMPLOYEE OF THE MONTH CITIZENS' COMMENTS COMMITTEE REPORTS Volume XIV Page 35 Assemblymember Monroe reported the Mental Health Board met to review the State's site review, which rated Kodiak's Mental Health Center very high. Assemblymember Gould announced a Hospital Advisory Board meeting next Wednesday at 7:00 p.m. in the hospital library. Presiding Officer McFarland met with the Planning and Zoning Commission when they discussed the sideyard setbacks the Assembly had asked them to review. The Commission had asked the Assembly to review the draft of the Comprehensive Plan for their consideration on March 6th. After discussion, the Assembly scheduled work sessions on the Comprehensive Plan for February 19th and 26th and a joint work session with the Commission on February 28th. PUBLIC HEARING PUBLIC HEARING A. Transfer of Liquor License - Beverage LIQUOR LICENSE Dispensary- Tourism TRANSFER FROM: Zimmerman, Inc. (Joseph Perozzi) Box 95 Kodiak, AK 99615 DBA: Hangar Four Kodiak State Airport Kodiak, Alaska TO: Zimmerman, Inc. (Ronald Brockman) Box 95 Kodiak, AK 99615 DBA: Hangar Four Kodiak State Airport Kodiak, Alaska GOULD, seconded by FITZJEARL Regular Assembly Meeting February 7. 1991 moved to voice non- objection to the transfer of liquor license from Joseph Perozzi to Ronald Brockman. At the Presiding Officer's request for a staff report, Clerk Vaughan reported there had been no adverse information received on this transfer. The Presiding Officer called for public testimony; there being none, the assembly was reconvened. KIBS104280 Volume XIV Page 36 VOTE ON MOTION TO TRANSFER Ayes: Noes: None MOTION CARRIED Unanimous B. Service District No. 1 Water /Sewer Transfer WATER /SEWER Agreement. TRANSFER FITZJEARL, seconded by GOULD Regular Assembly Meeting February 7. 1991 Fitzjearl, Gould, Hancock, Milligan, Monroe, McFarland moved to approve the Service District No. 1 Water /Sewer Transfer Agreement. Mayor Selby was asked to comment by the Presiding Officer. The Mayor explained the water and sewer improvements in Service District No. 1, ownership, and responsibility for maintenance, repair, and additions to the system would be the responsibility of the City of Kodiak if the agreement was approved. He evaluated the strengths of the transfer to be one system under the control and management of one entity and a common base for a collection of fees for all users to pay one fee. He pointed out that recently the City of Kodiak had questioned the feasibility of accepting the utilities. The Presiding Officer called for public testimony. Anna Castillo, Service District No. 1 resident, urged the transfer of the utilities to the City of Kodiak because she did not want higher rates and hoped it was not too late to make the transfer. She thought too much emphasis had been made on annexation. Dick Rohrer presented signatures of 55 land owners /residents of the service district urging support of the utility transfer. He cautioned the Assembly to proceed carefully in discussions with the City. Art Bors voiced support for the transfer of the u tilit y system to the City_ Dell Jackson voiced support for the transfer. Nick Szabo, Service District No. 1 resident, expressed support for the transfer. KIBS104281 Volume %IV Page 37 Scott Arndt, Service District No. 1 Board Chairman, was available to answer questions from the Assembly. There being no further public testimony, the Presiding Officer closed the public hearing and reconvened the regular meeting. Assemblymember Fitzjearl had reintroduced the agreement to transfer the utilities because she had reconsidered her previous vote. After meetings with the City Council and the Service District Board, she concluded a petition for annexation was wanted. She referred to a letter received from the City dated January 25, 1991, in which they reassessed their position and did not desire the transfer unless the area was annexed to the City. She called that forced annexation. After talking to residents of the service district, she gleaned they did not want annexation at this time but did want the utility transfer. She thought the agreement should be passed to show support to the residents that the Assembly wanted the most economic service. Assemblymember Gould said he had voted against this previously to allow time for the service district residents to come forward with a petition for annexation because that was what he was hearing from the board. He had heard from the service district residents, and they wanted the transfer. He requested the city re- evaluate their position because he believed it was a win -win situation. VOTE ON MOTION Ayes: Noes: None MOTION CARRIED Unanimous MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby updated the Assembly and public on the work being done on the underground utilities ordinance, which would be ready for the March 21st regular meeting. He reported staff had been working on the fiscal year 91/92 budget, and it would be ready for the Assembly in early April. He said budget projections would be available after the regular meeting. He expressed Regular Assembly Meeting February 7, 1991 Gould, Hancock, Milligan, Monroe, Fitzjearl, McFarland KIBS104282 Volume XIV Page 38 concern about the substantial impact the Governor's cuts to the State budget would have on the community. Mayor Selby expressed pleasure at the level of activity from the lobbyists and legislative members from Kodiak. He announced meetings in Juneau with commissioners, legislators, AML Legislative Committee, and AML Board of Directors and a number of the Assemblymembers. He had sent in a grant request for an oil spill preparedness plan to DEC. He mentioned a visit last week from representatives of the National Marine Fisheries Facilities Branch from Washington, D. C. and Seattle to discuss the NOAA facility adjacent to the Fish Tech Center on Near Island. He said ADF &G indicated installation of a crab - rearing system at the same location. He summarized by saying all agencies were interested in working together to build one facility and sharing some of the laboratories and other functions. OLD BUSINESS OLD BUSINESS None. NEW BUSINESS NEW BUSINESE A. BID AWARDS BID AWARDS 1. Architectural & Engineering Professional A/E CONTRACT Services for the Old Harbor School OLD HARBOR Structural Repair Project Contract Award SCHOOL MONROE, moved to award the seconded by FITZJEARL architectural and engineering professional services contract for the Old Harbor School structural repair project to Tryck, Nyman & Hayes of Anchorage in an amount NTE $68,420. Assemblymemher Monroe asked Mayor Selby for a staff report. He explained that a wind storm last fall caused siding to come off the building and revealed structural damage more advanced than previously thought. He described the findings of the team that investigated the damage. The Assembly had appropriated the funds to complete the work this summer. Regular Assembly Meeting February 7. 1991 KIBS104283 Volume XIV Page 39 VOTE ON MOTION Ayes: Noes: MOTION CARRIED Unanimous B. RESOLUTIONS MILLIGAN, seconded by GOULD moved to adopt Resolution 91 -03 Mayor Selby was asked for a staff report. He recounted that this project had been underway for about ten years and this was the first step indicating the Borough would accept the transfer of the building under the conditions specified in the agreement and resolution. VOTE ON MOTION Ayes: Noes: RESOLUTIONS 1. Resolution No. 91 -03 Supporting the RESOLUTION Transfer of Peterson Elementary School from NO. 90 -03 the United States Government. MOTION CARRIED Unanimous 2. Resolution No. 91 -04 Authorizing Submission RESOLUTION of Application For A Community Development NO. 91 -04 Block Grant (CDBG) Under the DCRA /Rural Development Fund Program. (Local Colour) HANCOCK, moved to adopt seconded by FITZJEARL Resolution No. 91 -04 Mayor Selby overviewed the Community Regional Affairs program that was available to individuals to obtain business expansion or development funds if the local government supported , t by passing related there were supported +� s= provisions n a resolution. He reimbursed from the State for administrativehfees. . The Presiding Officer asked Wayne Stevens, Local Colour owner, to speak to the resolution. Regular assembly Meeting February 7. 1991 None None KIBS104284 Hancock, Milligan, Monroe, Fitzjearl, Gould, McFarland Milligan, Monroe, Fitzjearl, Gould, Hancock, McFarland Volume XIV Page 40 Wayne Stevens clarified that there were two funds available as part of the program: (1) an entrepreneurial fund wherein a small business may apply for a grant /loan up to $25,000 and (2) a lender participation program wherein a business may apply for a loan up to $100,000 that required a matching commercial lender loan. He emphasized the program was available to any business in the Borough, and he was the first to approach the Assembly and asked for their support. As part of the program, he was required to employ individuals from the low- income bracket and provide them with training to introduce them as productive members of the employment sector. Assemblymember Gould encouraged principal owners of for - profit businesses licensed in Alaska to contact Tom Peterson at DCR&A. VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous Monroe, Fitzjearl Gould, Hancock, Milligan, McFarland 3. Resolution No. 91 -05 Accepting the Transfer RESOLUTION of Responsibility Agreement Related to the NO. 91 - 05 Ouzinkie Harbor Corp of Engineers Feasibility Study. HANCOCK, moved to adopt seconded by FITZJEARL Resolution No. 91 -05 Mayor Selby explained that this was a reimbursement of $18,000 to the Borough, City of Ouzinkie, and the Ouzinkie Native Corporation for the $24,000 that was submitted to the Corps of Engineers in order to complete the breakwater feasibility study. He said that $9,000 of the $18,000 will be reimbursed to the Borough. VOTE ON MOTION TO ADOPT MOTION CARRIED 4. Resolution No. 91 -06 Urging the United RESOLUTION States Coast Guard to Establish Guidelines NO. 91 - 06 for Moorage of Vessels in Womens Bay. MILLIGAN, moved to adopt seconded by MONROE Resolution No. 91 -06 Rtgular Assembly Muting February 7, 1991 KIBS104285 Volume XIV Page 41 Assemblymember Milligan signified the intent of the resolution was to show concern about the situation in Womens Bay. He proposed an amendment to Section I of the resolution. MILLIGAN, moved to amend seconded by FITZJEARL Resolution No. 91 -06, Section 1, to change "establish guidelines" to "continue in their efforts to resolve the problems as stated above regarding the moorage of vessels in Womens Bay ". Assemblymember Milligan felt this amendment changed the tone of the resolution and encouraged continuation of efforts to resolve the problems. Assemblymember Fitzjearl had contacted the agencies involved regarding the derelict and sunken vessels and reported her findings which indicated that the agencies were following legal procedures to remove the vessels. When she spoke w th the Coast Guard, they indicated to her they enforce the requirements of anchor lights and a person on board at all times. VOTE ON MOTION TO AMEND MOTION CARRIED Unanimous voice vote VOTE ON MOTION TO ADOPT AS AMENDED MOTION CARRIED Unanimous voice vote C. ORDINANCES FOR INTRODUCTION ONTIODUCTS NOR INTRODUCTION 1. Ordinance No. 91 -01 Adopting the National ORDINANCE Electrical Code. NO. 91 -01 FITZJEARL, moved to advance seconded by GOULD Ordinance No. 91 -01 to public hearing on February 21, 1991. Mayor Selby responded with a staff report by saying the joint City /Borough Architectural Review Boards had met with the state electrical inspector, and it was voted unanimously to recommend adoption of the 1990 Electrical Code. Regular Assembly Meeting February 7, 1991 KIBS104286 1-1"ICN4)c0 Volume xIv Page 42 VOTE ON MOTION TO ADVANCE Ayes: Gould, Hancock, Milligan, Monroe, Fitzjearl, McFarland Noes: None D. OTHER ITEMS OTHER ITEMS 1. Appointment to Service District No. 1 Advisory Board. GOULD, moved to appoint seconded by FITZJEARL Dan Moen to Service District No. 1 Advisory Board for a term expiring October 1991. Upon request, Clerk Vaughan said advertisement for thirty days had been done at the request of the advisory board, and Mr. Moen was the only applicant. VOTE ON MOTION MOTION CARRIED Unanimous voice vote 1. Lakeside Subdivision Rezone GOULD, moved to request the seconded by FITZJEARL Planning & Zoning Commission review whether the industrial zoning of Borough -owned land in Block 3, Lakeside Subdivision is appropriate and if not to recommend proper zoning for that area. Assemblymembers discussed the motion with Robin Heinrichs, Planning & Zoning representative. It was explained that as the area had developed residentially, it did not seem appropriate to have that area zoned industrial. They wanted review on that should be zoned for all uses to be how tll6 V area $u�us� be compatible with residential zoning. VOTE ON MOTION MOTION CARRIED Unanimous voice vote KIBS104287 BOARD APPOINTMENT Regular luaambly Meeting Page 43 February 7, 1991 Volume %IV INFORMATIONAL MATERIALS (No action required) A. B. MINUTES OF OTHER MEETINGS 1. K.I.B.S.D. Special Meeting of January 7, 1991. 2. Kodiak Island Hospital Advisory Board Meeting of November 28, 1990, December 12, 1990 and January 9, 1991. 3. Planning & Zoning Regular Meeting of December 19, 1990. REPORTS 1. Community Development Department November 1990 Status Report. 2. K.I.B.S.D. Monthly Report of Revenue and Expenditures for November 1990 and December 1990. C. OTHER None. CITIZENS' COMMENTS Scott Arndt thanked the Assembly for making the appointment to the Service District No. 1 Board and noted there was another applicant that did not come through the Clerk's Office. He spoke to the transfer of the sewer /water utilities to the City and other issues such as roads, lighting, animal control, police protection, and speed limits in the Service District, which he felt the recommendation of the Board best addressed. ASSEMBLYMEMBER'S COMMENTS Assemblymember Hancock was excited about the comprehensive tax plan primarily because it was the Assembly's intent to involve the public for input. Assemblymember Fitzjearl requested a schedule of meetings between the service district boards and Assembly. She would like the responsibilities of the boards and to whom__ they a b def congratulated Don Lawhead, the landfill rve Bob Trousil, the environmental engineer, and Ray supervisor, Camardella, Engineering /Facilities Director, on receiving the certification in managing landfills awarded by Government Refuse Collection and Disposal Association. She asked Mayor Selby to research the ordinance established on major maintenance funds. Regular Assembly Meeting February 7 , 1991 KIBS104288 INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS ASSEMBLYMEMBER'S COMMENTS Volume XIV Page 44 She reiterated the support and prayers to the families of the troops in the Middle East. Assemblymember Gould asked Linda Freed, Community Development Director, for an update on the census because of his concerns for revenue sharing. She reported there was a significant decrease from the revenue sharing figures, and the official figure certified by the president for the Kodiak Island Borough was 13,309 and 6,300 for the City of Kodiak. Mayor Selby explained the entire population of the State went down so the dollars per person revenue sharing went up. Because of that, he said there may not be that big of a loss in the final analysis. He commented that the entire census was under court challenge by the National League of Cities because basically the entire country has the same problem. To clarify misconceptions that those that live in the City do not live in the Borough, Assemblymember Gould emphasized that city residents live in the Borough. He seeks a cooperative relationship with the city and wanted them to take the passage of the Service District No. 1 utility agreement as a request to re- evaluate their position. Presiding Officer McFarland thought the transfer of the utilities was in the best interest of the Borough and City. He said the intent was to allow the City to carry a burden with others and expand their capacity to develop and maintain their own system because they are the owners of the water. He said this was an initial step towards better government that served all the people excellently. He reiterated that it was not intended to take this long but there was an obligation to the residents to make the best decision possible. He asked the City Council to look at the Assembly's decision with respect. He expressed pride in the Coast Guard and appreciation for what they do. He commented on a copy of letter from Senator Fred Zharoff and Representative Cliff Davidson to Governor Bickel a th e hoenit>l the rennyntion of Mill Bay Road, the need for port facilities and other items. He thanked the Senator and Representative for their support. He reminded the public of the forthcoming symposium March 6th on the crab rehabilitation. Regular Assembly Meting February 7, 1991 • KIBS10428 Volume XIV Page 45 The Presiding Officer announced there would be no work session on February 14th as four members of the Assembly would be attending a Legislative Committee meeting in Juneau; the next work session was scheduled for February 19th at 7:30 p.m. in the Borough conference room; and the next regular Assembly meeting was scheduled for February 21st at 7:30 p.m. in the Assembly Chambers. There being no further business to come before the assembly, the meeting adjourned at 9:37 p.m. ATTEST: �-- \cu 0. Boron l Clerkk Regular assembly Meeting February 7. 1991 esiding fice KIBS10429 Volume XIV Page 46