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1991-08-15 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting August 15, 1991 A regular meeting of the Kodiak Island Borough Assembly was held August 15, 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 Presiding Officer led 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 Donna F. Smith, Borough Clerk Judi Nielsen, Deputy Clerk APPROVAL OF AGENDA GOULD, seconded by FITZJEARL GOULD, seconded by FITZJEARL VOTE ON MOTION TO AMEND MOTION CARRIED VOTE ON MOTION AS AMENDED MOTION CARRIED moved to approve agenda as submitted. moved to amend agenda to add Executive Session as item 16. Unanimous voice vote Unanimous voice vote REGULAR MEETING ROLL CALL APPROVAL OF AGENDA Regular Assembly Meeting Volume XIV August 15, 1991 KIBS104442 Page 198 APPROVAL OF MINUTES APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of June 6, and June 20, 1991. GOULD, seconded by MONROE GOULD, seconded by FITZJEARL VOTE ON MOTION TO AMEND MOTION CARRIED VOTE ON MOTION AS AMENDED MOTION CARRIED AWARDS AND PRESENTATION CITIZENS' CONVENTS moved to approve minutes of June 6 and June 20, 1991. moved to amend minutes of June 6, page 140, regarding hiring, which should read "Assemblymember Gould thought that according to the Code, this needed Assembly approval if the position was described as high demand, short supply that required moving expenses and hiring in at a D level ". Unanimous voice vote Unanimous voice vote Mayor Jerome Selby presented Hirofume Sugyo, a foreign exchange student from Norita, Japan, and the host family to the Assembly. A. Agenda Items Not Scheduled For Public Hearing Wayne Coleman spoke to House Bill 567 and strongly encouraged adoption of Resolution 91 -41. nkav Chandler gnactinned the late penalty on utility bills and felt there should be an ordinance preventing oil drums and tanks from being stored underground. AWARDS AND PRESENTATION CITIZEN'S COMMENTS Regular Assembly Meeting Volume XIV August 15, 1991 Page 199 KIBS104443 B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS COMMITTEE REPORTS Robin Heinrichs, Planning & Zoning Commissioner, reported on a very productive work session with the City Council where Near Island, Lakeside Subdivision, and the comprehensive plan were discussed. Assemblymember Milligan attended a meeting of the Cook Inlet Regional Citizens' Advisory Council, which had received Presidential certification. The Prevention and Spill Response Committee responded quickly to a spill of approximately 4,000 gallons of fuel but were unable to do much because it was diesel fuel. He announced the meeting of the Cook Inlet Regional Citizens' Advisory Council on September 14, 1991 in Kodiak and encouraged the public to attend. Assemblymember Gould announced the Hospital Advisory Board Meeting on August 28, 1991 at 7:00 p.m. in the hospital library. Presiding Office McFarland announced that the Data Processing Committee would meet Thursday, August 22, 1991 at 11:00 a.m. in the Borough conference room. The Presiding Officer recessed the regular Assembly meeting and convened the Board of Adjustment. BOARD OP ADJUSTMENT The Presiding Officer read from the code the procedures the Board of Adjustment must follow. An appeal of the Planning and zoning Commission's decision of the denial of a request for a variance from Section 17.113.040 (Area Requirements) of the Borough Code to permit five (5) subdivisions, creating two to four (2 -4) acre parcels of land which will not asst the five (5) acre minimum lot area required. Parcel Numbers 123, 413, 414, 622,710; Generally located in the vicinity of Uyak Bay, Larsen Bay and Zachar Bay. (Appellant: Larsen Bay Tribal Council) BOARD OF ADJUSTMENT Regular Assembly Meeting Volume XIV August 15, 1991 KIBS104444 Page 200 Linda Freed, Director of the Community Development Department of the Kodiak Island Borough, stated this variance request asked for the creation of five lots that did not meet the five acre minimum in a conservation district because the parcels were located in rural areas outside the municipal boundaries of Larsen Bay. She said the Kodiak Island Borough code required six conditions be met before variance was granted; three of the conditions were not met. Commissioner Heinrichs stated there were no extraordinary circumstances necessitating plating of smaller lots; therefore, the request for variance was denied. The Board of Adjustment discussed with Commissioner Heinrichs the feasibility of dividing one lot located near the City of Larsen Bay. Linda Freed mentioned that if development comes closer to that parcel, the Commission would consider rezoning at that time. Jeannie Carlson, Larsen Bay Tribal Council representative, communicated to the Board that the reason for the request was because a zoning variance would make the deeds legitimate. GOULD, moved to grant the seconded by FITZJEARL appeal of the Larsen Bay Tribal Council. Assemblymember Gould directed attention to the fact that the Board needed to act on the same information that the Planning & Zoning Commission did and discussed criteria for granting variances and conditions that applied. He reiterated that zoning laws applied to the entire Borough. He suggested there may be other solutions to the problem rather than granting a variance. VOTE ON MOTION Ayes: Noes: Absent: Stevens Regular Assembly Meeting August 15, 1991 Fitzjearl, Milligan Gould, Hancock, Monroe, McFarland MOTION FAILED 2 Ayes, 4 Noes KIBS104445 Volume XIV Page 201 MONROE, seconded by FITZJEARL Regular Assembly Meeting August 15, 1991 moved to postpone Findings -of - Fact to September 5, 1991, regular meeting. VOTE ON MOTION TO POSTPONE MOTION CARRIED Unanimous voice vote Presiding Officer McFarland adjourned the Board of Adjustment and reconvened the regular meeting. Presiding Officer McFarland called for a five minute recess. 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. 91 -19 Rezoning Certain ORDINANCE Borough Land from RR -1- -Rural Residential NO. 91 -19 one to P1-- Public Use Lands for School Development Purposes. Presented for public hearing was Ordinance No. 91 -19 which, if adopted, would rezone six residential lots to allow for site development and school construction. MONROE, moved to adopt seconded by MILLIGAN Ordinance No. 91 -19. Mayor Selby clarified that adoption of this ordinance rezoned six residential lots that had been purchased by the Kodiak Island Borough for the new elementary school near Island Lake. He noted that the land had been acquired, and the Planning & Zoning Commission recommended it be rezoned to Public Use Land. The Presiding Officer closed the regular meeting and opened the public hearing. Robin Heinrichs, Planning & Zoning Commissioner, was available to respond to questions from the Assembly. The Presiding Officer closed the public hearing and opened the regular meeting. KIBS104446 PUBLIC HEARING Volume XIV Page 202 VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: Stevens MOTION CARRIED Unanimous Gould, Hancock, Milligan, Monroe, Fitzjearl, McFarland B. Ordinance No. 91 -08B Accepting State ORDINANCE Municipal Grant Funds for Selief Lane /Von No. 91 -08B Scheele Way Improvement and Lighting, Civil Air Patrol Hangar Construction, Emergency Medical Equipment, and Hospital Equipment. Presented for public hearing was Ordinance No. 91 -08B which, if adopted, accepted funds for road improvement, hangar construction and emergency equipment. FITZJEARL, moved to adopt seconded by Ordinance No. 91 -08B. Mayor Selby reported these were municipal grants appropriated by the Legislature. The Presiding Officer called for public testimony; there being none, he reconvened the Assembly. VOTE ON MOTION TO ADOPT Ayes: C. Ordinance No. 91 -21 Relating to ORDINANCE Examinations for Equine Infectious Anemia. No. 91 -21 Presented for public hearing was Ordinance No. 91 -21 as a follow -up to an emergency ordinance requiring testing of horses before transporting into the Borough. Hancock, Milligan, Monroe, Fitzjearl, Gould, McFarland Noes: None Absent: Stevens MOTION CARRIED Unanimous Regular Assembly Meeting August 15, 1991 KIBS104447 Volume %IV Page 203 GOULD seconded by GOULD seconded by FITZJEARL FITZJEARL MOTION CARRIED VOTE ON MOTION AS AMENDED Ayes: Noes: Absent: MOTION CARRIED Regular Assembly Meeting August 15, 1991 moved to adopt Ordinance No. 91 -21. moved to amend Ordinance No. 91 -21 by replacing the word "horse" with the word "equine ". The Presiding Officer called for public testimony. Mayor Selby said the ordinance was requested by horse owners and 4 -H members concerned about the potential spread of equine infectious anemia. The Presiding Officer closed the public hearing and opened the regular meeting. VOTE ON MOTION TO AMEND Unanimous voice vote Milligan, Monroe, Fitzjearl, Gould, Hancock, McFarland None Stevens Unanimous D. Ordinance No. 91 -17 Relating to the Appointment of Members of Service Area Boards of Supervisors. Presented for public hearing was Ordinance No. 91 -17 which, if adopted, appointed rather than elected service area board members. GOULD, moved to adopt seconded by MILLIGAN Ordinance No. 91 -17. The Presiding Officer opened the public hearing. Mayor Selby recalled that this ordinance was introduced by Assemblymember Fitzjearl and addressed the State Statute that established local government in Alaska. He supported adoption of the ordinance. KIBS104448 ORDINANCE No. 91 -17 Volume XIV Page 204 Scott Arndt objected as he believed in the elected process and residents voting on representatives in their service area. Okev Chandler supported adoption of Ordinance No. 91 -17. The Presiding Officer closed the public hearing and reconvened the regular meeting. Assemblymember Gould expressed concern with the wording in the ordinance and pointed out the word "commission" was used and suggested changes needed to be made before adopting the ordinance. GOULD, seconded by MILLIGAN VOTE ON MOTION TO POSTPONE Ayes: Noes: None Absent: Stevens MOTION CARRIED Unanimous KIBS104449 move to postpone Ordinance No. 91 -17 indefinitely. Assemblymember Fitzjearl agreed with the reasons to postpone adoption of the ordinance. Monroe, Fitzjearl, Gould, Hancock, Milligan, McFarland MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby thanked the Alan Large family for hosting Hirofumi Sugyo, the 4 -H exchange student from Norita, Japan, and expressed his pleasure at formally extending greetings to the student from the community. Mayor Selby reported that the Alaska Conference of Mayors was in Kodiak and statewide issues were discussed. The Alaska Municipal League Board of Directors met, and the conference in November would address statewide concerns of the municipalities on the state legislature and the governor. He complimented the community for extending a welcome to the Russian visitors. Mayor Selby described a license that allowed serious negotiations with the Regular Assembly Meeting Volume XIV August 15, 1991 Page 205 Department of Education for the $3,600,000 earmarked for renovation of Peterson Elementary School. He analyzed a $4,800,000 bond sale closing that went smoothly. OLD BUSINESS OLD BUSINESS Presiding Officer McFarland excused Assemblymembers Gould and Fitzjearl because of conflict of interest in the Board of Adjustment. The Presiding Officer recessed the regular assembly meeting and convened the Board of Adjustment. Mayor Selby designated Presiding Officer McFarland to direct the procedures of the hearing. Presiding officer McFarland outlined basic procedures the Board of Adjustment Members must follow and read from Kodiak Island Borough Code Section 17.89.030 (e), (f), (g), and (h). A. Board of Adjustment - Findings of Fact BOARD OF ADJUSTMENT - An Appeal by Richard R. Madson of the MADSON Planning and Zoning Commission's decision ordering the discontinuation of an unlawful use of land (outdoor storage constituting a junkyard) in an RR -1- -Rural Residential One Zoning District and removal of all junk vehicles (un- registered, inoperable vehicles, trailers, parts and scrap salvage) within sixty (60) days on Lot 5B, Block 3, Bells Plats Alaska Subdivision; 782 Sargent Creek Road and denial of a request for an exception from Section 17.17.020 (permitted Uses) of the Borough Code to permit junk vehicles (un- registered, inoperable vehicles, trailers, parts and scrap salvage) on a lot in the RR1- -Rural Residential one Zoning District. (Applicant: Richard R. Nadson) HANCOCK moved to adopt seconded by MONROE the Findings -of -Fact in support of the decision to deny the appeal of Richard R. Madson. Regular Assembly Meeting Volume XIV August 15, 1991 Page 206 KIBS104450 The Presiding Officer recited that the Findings -of- Fact were an important part of the decision - making process because they outlined the rational for the decision of the Board of Adjustment. VOTE ON MOTION TO ADOPT Ayes: Noes: Excused: Absent: MOTION CARRIED Presiding Office McFarland adjourned the Board of Adjustment and reconvened the regular meeting. NEW BUSINESS A. BID 1. AWARDS Baler Strapping Wire Contract Award. MONROE, seconded by MILLIGAN Mayor Selby for the baler. VOTE ON MOTION Ayes: explained Noes: Absent: 'MOTION CARRIED Regular Assembly Meeting August 15, 1991 Hancock, Milligan, Monroe, McFarland None Fitzjearl, Gould Stevens Unanimous moved to award the baler strapping wire contract to purchase 40,000 pounds of wire to Davis Wire Corporation of Kent, Washington, in an amount not to exceed $14,544.00. that this was the annual supply Fitzjearl, Gould, Hancock, Milligan, Monroe, McFarland None Stevens Unanimous KIBS104451 NEW BUSINESS BID AWARDS BALER STRAPPT*IG WIRE CONTRA' Volume XIV Page 207 2. Dump Truck Contract Award FITZJEARL, moved to award seconded by GOULD the purchase of a 1992 International Model 4900 Dump Truck in an amount not to exceed $63,196.00 to Alaska Truck Center of Anchorage, Alaska Mayor Selby specified this truck replaced one at the landfill and had been budgeted. He said four bids were received and recommended awarding the bid to Alaska Truck Center. VOTE ON MOTION Ayes: Noes: None Absent: Stevens MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 91 -37 Authorizing the RESOLUTION Collection of Fees to Off -Set a Portion of NO. 91 -37 the Cost of the Junk Removal Program. Presented for consideration was Resolution No. 91 -37 which, if adopted, would establish a fee of $20.00 for the removal of junk vehicles. GOULD, seconded by MILLIGAN Gould, Hancock, Milligan, Monroe, Fitzjearl, McFarland moved to adopt Resolution No. 91 -37. Mayor Selby detailed the cost effectiveness of the junk removal program and determined that a fee enabled recovery of a portion of the cost of disposal, which averaged $80.00 per vehicle. KIBS104452 DUMP TRUCK AWARD Volume XIV Regular Assembly Meeting Page 208 August 15, 1991 Assemblymembers discussed with Mayor Selby and Linda Freed, Community Development Director, the possibility of owners abandoning vehicles rather than paying a disposal fee. Ms. Freed pointed out that tracking the title was already being done, so no extra cost would be incurred. Ms. Freed noted the fee was not prohibitive so people would be willing to pay for vehicle disposal. She added that abandoned fishing gear and machinery equipment and items too large for a pickup truck were included. VOTE ON MOTION TO ADOPT Ayes: Hancock, Milligan, Monroe, Fitzjearl, Gould, McFarland Noes: None Absent: Stevens MOTION CARRIED Unanimous 2. Resolution No. 91 -38 Requesting Municipal RESOLUTION Funding From the State of Alaska. No. 91 -38 Presented for consideration was Resolution No. 91 -38 which, if adopted, requested distribution of municipal assistance funds to the Kodiak Island Borough from the Department of Revenue and Department of Community and Regional Affairs. GOULD, seconded by MONROE VOTE ON MOTION TO ADOPT moved to adopt Resolution No. 91 -38. Jerome Selby remarked that every year, in order to receive municipal assistance funds from the State of Alaska, we were required to pass a resolution requesting the funds. MOTION CARRIED Unanimous voice vote 3. Resolution No. 91 -39 Authorizing a Twelve RESOLUTION Month Lease With Five Automatic One -Year No. 91 -39 Extensions of an Apartment in the Apartment Building Complex Located on Lot 5A, U.S. Survey 2538A to the Kodiak Area Native Association (KANA). Regular Assembly Meeting Volume XIV August 15, 1991 Page 209 KIBS104453 Presented for consideration was Resolution No. 91 -39 which, if adopted, allowed the administration to automatically renew leases with KANA on a year -to- year basis for five years. GOULD, seconded by MONROE Mayor Selby related that staff recommended a five - year lease with automatic renewals every year. He referred to the provisions in the lease for cancellation by either party with a thirty day notice. He reiterated the lease would not be brought before the Assembly unless there was a problem. Assemblymember Fitzgerald expressed concern about the automatic renewal because new assemblymembers would not be involved in the reviewing process. She preferred the year -to -year lease with option to renew. She wanted the lease to come before the assembly for review every year. Assemblymember Gould pointed out the only change was in Section II which was two consecutive one -year extensions to be continued until terms or conditions of the lease changed. He added that the lease would be identical each year. VOTE ON MOTION TO ADOPT Ayes: Monroe, Gould, Hancock, Milligan, McFarland Noes: Fitzjearl Absent: Stevens MOTION CARRIED 5 Ayes, 1 No 4. Resolution No. 91 -40 Authorizing a Twelve RESOLUTION Month Lease With Five Automatic One -Year No. 91 -40 Extensions of an Apartment Building Complex Located on Lot 5A, U.S. Survey 2538A to the Kodiak Tribal Council (KTC). __ ted for ronsi_deration was Resolution No. 91 -40 which, if adopted, allowed the administration to automatically renew leases to the Kodiak Tribal Council (KTC) for five years on a year -to -year basis. Regular Assembly Meeting August 15, 1991 moved to adopt Resolution No. 91 -39. KIBS104454 Volume XIV Page 210 FITZJEARL, seconded by MILLIGAN Assemblymember Fitzjearl again expressed concern that new assemblymembers were given the chance to have a full view of what the Borough had in property, and she had no problem if they had an option to renew every year for five years. Mayor Selby suggested that every October the staff provide a summary to the Assembly of all leases so new assemblymembers would have knowledge of the leases and come before the Assembly if there was a problem with a particular lease. Assemblymember Fitzjearl asked to reconsider her vote on Resolution No. 91 -39. No Assemblymember from the prevailing side of the vote responded. Assemblymember Hancock felt Mayor Selby's solution was a good one as there were too many housekeeping items that take time away from weightier issues. VOTE ON MOTION TO ADOPT Ayes: moved to adopt Resolution No. 91 -40. Fitzjearl, Gould, Hancock, Milligan, Monroe, McFarland Noes: None Absent: Stevens MOTION CARRIED Unanimous 5. Resolution No. 91 -41 Supporting the Alaska RESOLUTION Department of Environmental Conservation's No. 91 -41 Public Review Draft of Oil and Hazardous Substances Pollution and Control Regulations (18 AAC 75) as Mandated by HB 567. FITZJEARL, moved to adopt seconded by GOULD Resolution No. 91 -41. Mayor Selby said regulations in HB 567 were important and deferred to Trisha Gartland, who had been involved in a reviewing regulations. Regular Assembly Meeting Volume XIV August 15, 1991 Page 211 KIBS104455 T-+sha Gar land felt the resolution helped protect our waters and offered to answer questions. Assemblymembers discussed with Ms. Gartland the details of the regulations on oil and hazardous substances pollution. Jim R alla, Vice - President of Kodiak Oil Sales, said that although the intent of the regulations were good, they governed all oil facilities in the state and not just the big ones. Mr. Ramaglia stated that the cost of regulating small oil companies was financially difficult. He encouraged the the Assembly to ask that DEC not publish the regulations form until another public hearing was held. moved to amend seconded by MILLIGAN oD, Resolution No. 91 -41 by sec adding Section 3 requesting one more public review of the final draft of the regulations prior to sending the regulations to the Department of Law. VOTE ON MOTION TO AMEND MOTION CARRIED VOTE ON MOTION AS AMENDED Ayes: C. i. Unanimous voice vote Gould, Hancock, Milligan, Monroe, Fitzjearl, McFarland None Stevens Unanimous Noes: Absent: MOTION CARRIED ORDINANCES FOR INTRODUCTION O No. 91 -22 Relating to Penalties on Past Due Utility Accounts. Presented in first reading was Ordinance No. 91 -22 which, if adopted, made compatible all late fees on past due utility accounts. Regular Assembly Meeting August 15, 1991 KIBS104456 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 91 -22 Volume XIV Page 212 MONROE, seconded by GOULD Mayor Selby stated this ordinance changed the late fee to $1.00 per utility. VOTE ON MOTION MOTION CARRIED CITIZEN'S COMMENTS None. ASSEMBLYMEMBERS COMMENTS Assemblymember Milligan complimented Heidi Zimock for making earphones available to Okey Chandler. He encouraged people to run for Borough Assembly, stating it was a good way to get involved in the political process. Assemblymember Hancock congratulated the City of Larsen Bay on their new hydro - electric project. Assemblymember Fitzjearl thanked the Planning and Zoning Commission for their hard work and the new Borough Clerk for new format of the minutes. Presiding Officer McFarland was pleased that the community was more self - sustaining and that benefits would be derived. He welcomed Deputy Clerk Judi Nielsen to the staff. He hoped the fishing fleet takes the issue of sablefish IFQ very seriously because it mandated many changes in our lives. EXECUTIVE SESSION GOULD, seconded by FITZJEARL moved to advance Ordinance No. 91 -22 to public hearing on September 5, 1991. Unanimous voice vote moved to Executive Session for the purpose of discussing litigation with the hospital. CITIZEN'S COMMENTS ASSEMBLYMEMBERS COMMENTS EXECUTIVE SESSION Regular Assembly Meeting KI$5104457 Volume XIV August 15, 1991 9 e VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED The Presiding Officer reconvened the regular meeting at 11:25 p.m. He reported no action was taken during the Executive Session. Presiding Officer McFarland noted that the Alaska Municipal League Board of Directors were meeting in Kodiak. He announced the joint Borough /City work session on Tuesday, August 20, 1991 in the Borough conference room; an Assembly work session Thursday, August 29, 1991 at 7:30 p.m. in the Borough conference room; and a regular Assembly meeting Thursday, September 5, 1991 at 7:30 p.m. in the Assembly Chambers. He further announced that the Southwest Alaska September 5th thru 8th latl Conference KodiakWestmark. meet There being no further business to come before the Assembly, the meeting adjourned at 11:29 p.m. ATTEST: ( 1. rat na Borough Clerk Regular Assembly Meeting August 15, 1991 Hancock, Milligan, Monroe, Fitzjearl, Gould, McFarland None Stevens Unanimous KIBS104458 Volume XIV Page 214