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1991-04-04 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting April 4, 1991 A regular meeting of the Kodiak Island Borough Assembly was held April 4, 1991, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Pastor Don McCullough of the Church of the Nazarene followed by 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 APPROVAL OF AGENDA MILLIGAN, seconded by MONROE MOTION CARRIED APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of March 21, 1991. MONROE, seconded by STEVENS MOTION CARRIED Regular Assembly Meeting April 4. 1991 Presiding Gordon Gould Mike Milligan Gary Stevens moved to approve agenda as submitted. Unanimous Voice Vote moved to approve the minutes of March 21, 1991. Unanimous Voice Vote AWARDS AND PRESENTATION A. Employee of the Month Mayor Jerome Selby presented the Employee of the Month award to Rachael Miller, general administration secretary. KIBS104315 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES AWARDS AND cr c.JEIN TATI VNJ EMPLOYEE OF THE MONTH Volume XIV Page 71 B. Proclamation PROCLAMATION Mayor Selby presented the proclamation declaring April 14 -20, 1991, as National Library Week to Barbara Rudio, Librarian of the Holmes Johnson Library. C. Proclamation PROCLAMATION Mayor Selby read a proclamation declaring April 7 -13, 1991, as National County and Borough Government Week. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing None. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS COMMITTEE REPORTS Tom Hendel, P &Z representative, commented on the proposed rezone of industrial lots in the Lakeside Subdivision on Selief Lane. The Commission had a joint work session on April 3, at which the city expressed interest in locating a new jail facility to that area. The Commission asked that the appeal procedure be the same for the City and Borough, and expressed no opposition to Ordinance 90 -44. Mr. Hendel thanked the City Council and the Assembly for allowing members to attend meetings because it made for easier transfer of information. Michael Machulsky, Borough Airport Task Force representative, presented the Task Force recommendations. Their proposals addressed the concerns and issues related to future of the Kodiak State Airport. The Task Force commended the Borough Mayor and Assembly for their efforts in addressing the role in which the Borough could play at the State Airport to support economic development and enhance local transportation. The Task Force recommended improvements on physical appearance, parking and sewer and water. They recommended the Borough explore the possibility of administering land leases with the State. The general aviation subcommittee proposed working with local management to incorporate short term improvements for miscellaneous Regular Assembly Meeting April 4, 1991 KIBS104316 CITIZENS' COMMENTS Volume XIV Page 72 conveniences. The Task Force recommended that the Borough support the efforts of the City in obtaining necessary funding for the construction of a float plane facility at Trident Basin. They also encouraged the issue of providing an alternate fresh water float plane facility continued to be discussed. The Task Force urged the Borough Assembly to retain an Airport Task Force to continue positive communication. Assemblymember Gould, Hospital Advisory Board representative, announced that the new administrator would be onboard April 15, 1991; therefore, the Board meeting would be rescheduled for that day. The Board had passed a revised mission statement. Assemblymember Suzanne Hancock, College Council representative, announced that commencement would be held on May 27 and invited the public to attend. At their monthly meeting, they discussed an accreditation program that would enable St. Herman's Seminary to work through some of their criteria. Assemblymember Mike Milligan, Architectural Review Board representative, reported the Board had reviewed the drawings for the continuation of work on the Old Harbor School. They also looked at the preliminary drawings for the high school remodeling project. PUBLIC HEARING PUBLIC HEARING All ordinances and resolutions presented at this meeting were introduced by title only and copies had been made available to the public. A. Ordinance No. 91 -34 Establishing a Permit System ORDINANCE for Excavation and Construction in Road Rights- NO. 90 -34 of -Way in Borough Road Service Areas. Presented for consideration was Ordinance No. 91 -34 which was postponed at the March 21, 1991 meeting to allow the utility companies to work with the borough on new language. This ordinance was passed in first reading on October 4, 1990 and public hearing was held on November 1, 1990 at which time it was postponed until March 21, 1991. Ordinance No. 91 -34 was originally introduced as a result of an outcry from Bells Flats residents over a cable television company digging up the service area roads. The Assembly had requested the drafter of the ordinance to devise a permitting system for anyone excavating in the right -of -way and to extend the ordinance to include a mandate for all utility lines to be installed underground. At a work session and public Regular Assembly Meeting April 4, 1991 KIBS104317 Volume XIV Page 73 hearing on the ordinance, representatives of local utility companies emphatically spoke against any ordinance which would mandate all utility lines to be installed underground but voiced non - objection to a permitting system. GOULD, moved to adopt seconded by STEVENS Ordinance No. 90 -34. The presiding officer called for public testimony. Ed Kozak, manager of engineering and operations at KEA, distributed an eight point document commenting on Ordinance 90 -34. The first point was on section 4.45.010 (B)(5), which would give the entire risk of digging within a right -of -way to the applicant but also gave a risk to the utilities who were using the right -of -way. KEA, therefore, proposed additional language to read "and that the applicant has requested, or will request, locates from applicable utilities before beginning work." This would provide notice that there may be underground facilities so the utility company would need to be notified to perform a cable locate service. The second point related to Section 4.45.010 (B)(6), and questioned whether it also referred to Borough -owned underground facilities and if pertinent information would be provided to the utility companies. The third point referred to Section 4.45.010 (F)(3). KEA recommended a fixed dollar amount set to replace "minor damage ". Point number four was to add a new paragraph after 4.45.010 (F)(5) to read " "a public utility that has successfully completed work within the Borough road right -of -way for the last three consecutive years ", because this would eliminate the need for an agency that has consistently followed the rules and regulations to pay a deposit on every project done. The fifth point was a request for modification of Section 4.45.010 (G) to read "the Resource Management Officer shall require a reasonable permit fee for the processing of permit applications." Section 4.45.020 that dealt with reconstruction to the original standard was pointed out may not always be possible as in the case of clearing an utility easement. KEA requested the sentence state the Resource Manager or his designee always be the one to determine the condition Of the right-of-way. i -ir. Korman �caavucu a that specifications be available and stated within the ordinance so the utility companies would know the standards for reconstruction. He brought attention to the fact that the utilities required emergency repairs, and the way the ordinance was written does not allow enough time to respond to the call and still be in compliance. He requested a new section Assembly Meeting KIBS104318 Volume XIV Page 74 be added to the ordinance that would allow emergency repairs and installations without first applying for and receiving a permit. The last point referred to routine preventative maintenance, and Mr. Kozak requested a new section be added to allow preventative maintenance work to be done without the requirement of a permit. Assemblymember Milligan recommended eliminating the permitting process on a right -of -way already in use but documenting when it was near a stream. Roy Bacon, representing Telephone Utilities of the Northland, mirrored what Mr. Kozak had detailed in his synopsis. He supported the context of a permit ordinance but felt some of the language needed to be addressed, specifically the concerns Mr. Kozak had outlined. He had been involved in the original work session in December and had not been notified of any subsequent work sessions or viewed any drafts of the permit ordinance. The Presiding Office closed the public hearing and reconvened the regular meeting. After discussion, Assemblymembers felt there were many points that needed to be addressed and recommended postponement to allow staff and utility users to meet to discuss the points Mr. Kozak made. FITZJEARL, seconded by STEVENS VOTE ON MOTION Ayes: Noes: MOTION CARRIED Unanimous Assembly Meeting moved to refer Ordinance No. 90 -34 to committee, including all user groups, and set for public hearing on May 2, 1991. Fitzjearl, Gould, Hancock, Milligan, Monroe, Stevens, McFarland None KIBS104319 Volume XIV Page 75 B. Application for a New Liquor License. LIQUOR LICEN` APPLICATION GOULD, moved to voice non- seconded by FITZJEARL objection to new liquor license for Anchorage Cold Storage /Odom Corporation. Clerk Vaughan responded to the request for a staff report and explained this application for a wholesale liquor license by a company that was currently doing business in Kodiak would allow the company to warehouse their product. The Presiding Officer opened the public hearing. Tom Hendel, representative of the Odom Corporation, gave background history on the corporation and explained the application was for a wholesale warehouse to house soft drinks and alcoholic beverages for a short period of time before delivery to customer to take advantage of lower freight rates and increased office space. He stressed the warehouse would not result in any increase of alcoholic beverages island -wide. He expounded on the security of the premise and rules and regulations of distributing alcoholic beverages. Gale Holfert thanked the Assembly for the avenue of public comment. As a parent and principal of an elementary school, he expounded on the effects of alcohol in the community and objected to the efficient access of alcohol because of the affects it has on the youth in the Borough. The Presiding Officer closed the public hearing and reconvened the regular meeting. Regular Assembly Meeting April 4. 1991 Wholesale License - General Anchorage Cold Storage Odom Corporation 8046 Rezanof Drive West, Bldg 2, Warehouse B Kodiak, Alaska Mail: P.O. Box 24627; Seattle, WA 98124 KIBS104320 Volume XIV Page 76 VOTE ON MOTION Ayes: Noes: None MOTION CARRIED Unanimous Gould, Hancock, Milligan, Monroe, Stevens, Fitzjearl, McFarland MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby reported that the new Outer Continental Shelf five -year leasing schedule by the Mineral Management Services of the United States Department of Interior included a proposed lease sale on the Lower Cook Inlet (Shelikof Straits) that merited careful review by the community. They are currently seeking public input on the plan. He participated in teleconference hearings on the Alaska Marine Highway, the new hospital bill, Mill Bay Road, and the bill for deferred maintenance. He reported that Governor Hickel had signed the supplemental appropriation for the current fiscal year that carried the $21,000,000 for the school foundation formula. He distributed to the Assembly a detailed line item document and the official budget document for the Kodiak Island Borough budget for FY 92. The Mayor highlighted some of the points of these documents. He also expressed hope that a revised tax policy would be in place by May 2,1991. He announced scheduled meetings between the Borough department heads and the Assembly on May 7 and 9 to review the proposed budget. Assemblymember Monroe asked when the recommendations from the Personnel Advisory Board regarding job changes would be presented. The Mayor stated they would be available in May. Presiding Officer McFarland asked for clarification on the mill increase. The Mayor concurred that the majority of the 2.4 mill increase over the present 4.5 mill was dedicated to supplementing the school district budget. Assemblymember Milligan asked if there were significant increases in the assessments that were recently mailed out. The Mayor reported there were increases but had no available figures. Regular Assembly Meeting April 9, 1991 KIBS104321 Volume XIV Page 77 Assemblymember Stevens asked for clarification on how a mill would increase in value from $500,000 to S550,000. Mayor Selby explained the proposal expanded the tax on items which are not currently taxed. He also pointed out that the mill value increased annually due to the increase in assessments. OLD BUSINESS A. Ordinance No. 90 -44 Repealing Chapter 17.68, Appeals, and Chapter 17.80, Board of 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. If adopted, Ordinance No. 90 -44 would allow the City Council to hear the procedures and define those procedures so that both the Council and Assembly were using identical procedures. The motion to adopt Ordinance No. 90 -44 was before the Assembly. STEVENS, moved to amend seconded by MONROE Ordinance No. 90 -44 by substitution. The Presiding Officer asked the Clerk for a staff report. Clerk Vaughan explained Joel Bolger, Borough Attorney, had worked through new language with Mel Stephens, the City Attorney, and, therefore, the substituted Ordinance No. 90 -44 was before the Assembly. Assemblymembers and Ms. Freed discussed the procedures as they pertained to the Assembly and Council. She pointed out the procedures applied to all Board of Adjustment proceedings, including proceedings before the Council. FITZJEARL, move to postpone Ordinance No. 90 -44 until the City Council had reviewed and produced a letter voicing non - objection was received. MOTION DIED Lack of second Regular Assembly Meeting April 4, 1991 KIBS104322 OLD BUSINESS ORDINANCE NO. 90 -44 Volume XIV Page 78 Assemblymember Monroe remembered this ordinance was a rewrite of Title 17, which the staff and Planning & Zoning Commission had worked on, and the fact that both attorneys developed wording and procedures that clarified the language. VOTE ON MOTION TO AMEND BY SUBSTITUTION Ayes: Noes: None VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Regular Assembly Meeting April 4, 1991 Hancock, Milligan, Monroe, Stevens, Fitzjearl, Gould, McFarland MOTION CARRIED Unanimous Mayor Selby responded to Assemblymember Fitzjearl's concerns about whether the City Council had no objection to the ordinance. Mayor Selby reviewed the history of the ordinance and subsequent language, agreed to by both attorneys, to enable the language to work for both codes. He said the Council's perspective was the language was convenient to their needs. Assemblymember Milligan expressed a desire to know which lawyer would be used for the appeal process. Milligan, Monroe, Stevens, Fitzjearl, Gould, Hancock, McFarland Noes: None MOTION CARRIED Unanimous NEW BUSINESS A. BID AWARDS None The Presiding Officer called for a five minute recess. KIBS104323 NEW BUSINESS BID AWARDS Volume XIV Page 79 B. RESOLUTIONS 1. Resolution No. 91 -11 Accepting a State Grant in the Amount of $9,300 for Local Emergency Planning Committee Development of an Oil and Hazardous Substance Emergency Response Plan. If adopted, Resolution No. 91 -11 would authorize the Borough Mayor to negotiate, execute, and administer any and all documents and contracts required to obtain funding for the development of a response plan mandated by State and Federal law. MILLIGAN, moved to adopt seconded by GOULD Resolution No. 91 -11. Mayor Selby said this resolution accepted a grant prepared by staff in response to Department of Environmental Conservation requests for proposals as a result of the oil spill bills adopted by the legislature. He said adoption of Resolution No. 91- 11 would begin the process of preparing and planning for future oil and hazardous substance responses by inventorying what types of hazardous materials were in the Borough and what types of response materials were available. VOTE ON MOTION TO ADOPT MOTION CARRIED Unanimous voice vote 2. Resolution No. 91 -12 Authorizing the Acquisition of Private Property by Negotiated Purchase for Elementary School Construction Purposes and Setting Terms and Conditions. If adopted, Resolution No. 91 -12 authorizes the Mayor to enter into an agreement for a purchase contract with a private landowner to acquire approximately eight acres of land for $191,000 and allowance of gravel extraction by present landowner. moved to adopt Racnlution No. 91 -12. STEVENS, seconded by F ITZJE Mayor Selby requested adoption of Resolution No. 91- 12 to close out a two -year process of finding a suitable site for a new elementary school. He summed up the process in identifying this site with the school district. He said the monies had already been budgeted from the sale of other lands. Regular Assembly Meeting April 4. 1991 • KIBS10432 RESOLUTIONS RESOLUTION NO. 91 -11 RESOLUTION NO. 91 -12 Volume XIV Page 80 VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 91 -02 Amending KIBC 2.21 Regarding the Deputy Borough Clerk. Presented in first reading, Ordinance No. 91 -02 clarified the appointment authority of the Deputy Borough Clerk. FITZJEARL, move to advance seconded by MONROE Ordinance No. 91 -02 to public hearing on April 18, 1991. Clerk Vaughan explained this ordinance designated the Deputy Borough Clerk as a member of the legislative staff and gave clear authority for the Deputy to act in the Clerk's absence. VOTE ON MOTION MOTION CARRIED Unanimous voice vote D. OTHER ITEMS 1. HANCOCK, seconded by MONROE Mayor Selby had the drawings available for the ASR Rmhl vmomhorc t rc c H° 4 A cost estimates — i � . —� .. • •. �YV vvJ V J V i.pp I..G.,. were within the budgeted range. The School Board had reviewed the documents. GOULD, seconded by FITZJEARL Regular Assembly Meeting April 4, 1991 Milligan, Monroe, Stevens, Fitzjearl, Gould, Hancock, McFarland Old Harbor School Structural Repair Project Construction Documents. moved to approve the Old Harbor School structural repair project construction documents. moved to amend by inserting "35$" before the words "construction documents ". KIBS104325 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 91 -02 OTHER ITEMS OLD HARBOR SCHOOL Volume XIV Page 81 Assemblymember Gould explained his motion made it clear that 35% construction documents were being approved. VOTE ON AMENDMENT MOTION CARRIED VOTE ON MOTION AS AMENDED MOTION CARRIED 2. Airport Task Force Report moved to acknowledge receipt of the Airport Task Force Report. STEVENS, seconded by MILLIGAN Assemblymember Stevens thanked the members of the Task Force for their efforts in compiling the report. Presiding Officer said a public hearing on the report would be scheduled for a later date. VOTE ON MOTION MOTION CARRIED 3. Appointment MONROE, seconded by FITZJEARL VOTE ON MOTION MOTION CARRIED A. Regular Assembly Meeting April 4. 1991 Unanimous voice vote Unanimous voice vote Unanimous voice vote. to Personnel Advisory Board. moved to appoint Dorothy Weeks to the Personnel Advisory Board for a term expiring December 31, 1993. Unanimous voice vote. INFORMATIONAL MATERIALS (No action required) MINUTES OF OTHER MEETINGS L o 1. Kodiak Island Borough 5c.,.,..� meeting of February 25, 1991. 2. Data Processing Steering Committee meeting of January 24, 1991. 3. Kodiak Island Hospital Advisory Board meeting of February 27, 1991. 4. Parks and Recreation Committee meeting of October 23, 1990, and January 15, 1991. KIBS104326 Ti r.4-r4 r.+ AIRPORT TASK FORCE PERSONNEL ADVISORY BOARD INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS Volume RIV Page 82 B. REPORTS REPORTS 1. Kodiak Island Borough School District Monthly Report of Revenues and Expenditures for the Month of February 1991. 2. Community Development Department January 1991 Status Report. C. OTHER None. CITIZENS' COMMENTS None. ASSEMBLYMEN'S COMMENTS Assemblymember Milligan reflected that the recent town meeting comments were well focused and hoped input would continue to be given. He thanked Ms. Freed for being present at the meetings. He commented on the issue of timber cutting on Afognak Island and emphasized the long term impact. Assemblymember Hancock remembered that next week was Government Week and people made government work. Assemblymember Monroe hoped the concerned public would add input to the budget process. Assemblymember Stevens commended the Mayor for his opening salvo in the budget process. He felt the three -year overall picture of the budget was visionary and approved of the approach. Assemblymember Fitzjearl asked the public to continue expressing their concerns to the Assembly. Assemblymember Gould spoke to the rational steps being taken to provide for education in terms of the purchase of land for a new school. He saw the need for education to be funded on a state level. He encouraged the Emergency Services Council to plan for a practice on emergency response to include hazardous substances_ Presiding Officer McFarland reported on discussion with DOT and the City Council about the "Y" intersection. He announced the North Pacific Management Council meeting the week of the 21st of April and encouraged the public to testify on their fishery concerns. Regular Assembly Meeting April 4, 1991 KIBS104327 OTHER CITIZENS' COMMENTS ASSEMBLYMEN'S COMMENTS Volume XIV Page 83 Presiding Officer McFarland announced there would be no work session on Thursday, April llth, as Assemblymembers would be traveling to Juneau for AML Legislative Committee meetings and lobbying efforts; the Assembly would meet in a work session on Tuesday, April 16th, at 7:30 p.m. in the Borough Conference Room; and the next regular Assembly meeting was Thursday, April 18th, at 7:30 p.m. There being no further business to come before the assembly, the meeting adjourned at 10:00 p.m. riprnytlL )(- Borough Clerk Regular Assembly Meeting April 4. 1991 Presidi Offp cer ATTEST: KIBS104328 Volume XIV Page 84