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02/06/1990 RMKODIAK ISLAND BOROUGH Regular Assembly Meeting February 6, 1990 A regular meeting (rescheduled from February 1, 1990) RESCHEDULED of the Kodiak Island Borough Assembly was held on REGULAR MEETING February 6, 1990 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:37 p.m. The invocation was given by Pastor Douglas Edwards of the Frontier Baptist Church followed by the Pledge of Allegiance. There were present: Lorne White, Presiding Jack McFarland Gary Stevens Absent: Tom Merriman (Excused) Alan Austerman Mary Monroe One seat vacant comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Duane Dvorak, Acting Community Development Director Gaye J. Vaughan, Borough Clerk t" a1.19lill��]aiT�]�i MCFARLAND, seconded by STEVENS MOTION CARRIED CONSENT AGENDA MONROE, seconded by STEVENS moved to approve agenda with the addition of "Authorization to Hire Lobbyist" under "New Business - Other Items." Unanimous Voice Vote moved to approve consent agenda. The consent agenda was read aloud by the presiding officer. MOTION CARRIED Unanimous Voice Vote ROLL CALL APPROVAL OF AGENDA APPROVAL OF CONSENT AGENDA Regular Assembly Meeting Volume XIII February 6, 1990 Page 25 APPROVAL OF MINUTES APPROVAL OF MINUTES A. Regular Assembly Meeting of January 18, 1990. This item was previously approved under the "Consent Agenda." CITIZENS' COMMENTS CITIZENS' COMMENTS A. Employee of the Month EMPLOYEE OF THE MONTH Mayor Selby presented the Employee of the Month award to Peg Thompson, Records Coordinator, Borough Clerk's office. B. Agenda Items Not Scheduled For Public Hearing. Wayne Coleman spoke about the deplorable road conditions in Kodiak and pointed out that in the January, 1990 issue of Pacific Builder magazine there was an article showing the Department of Transportation 1990 projects amounting to 28 to 35 million dollars for the central district (which includes Kodiak). He said not one project for Kodiak appeared on the list. He urged the public to get the word across to the governor and state legislators that work must be done on the roads. COMMITTEE REPORTS COMMITTEE REPORTS Wayne Coleman, Planning and Zoning Commission Representative, announced that he would be available to answer questions from the assembly. Assemblyman Austerman said the Kodiak College Advisory Board was holding monthly meetings which he attended as assembly representative. Assemblyman Stevens reported the Budget Review Committee of the school district met every Thursday at noon and the next meeting would concern the villages. He added any interested persons were welcome to attend the meetings. PUBLIC HEARING PUBLIC HEARING A. Ordinance No. 90-02 Regarding the Exxon Valdez ORDINANCE Oil Spill, Amending Ordinance 89-15 for NO. 90-02 Clarification. Regular Assembly Meeting Volume XIII February 6, 1990 Fag. 26 Ordinance No. 90-02 was presented for second reading and public hearing and recommended by the auditors to clarify the language in Ordinance No 89-15 in allowing department heads compensation for overtime the oil spill. MCFARLAND, seconded by STEVENS VOTE ON MOTION TO ADOPT Ayes: Noes: and the Mayor to receive worked in conjunction with moved to adopt Ordinance No. 90-02. Austerman, McFarland, Monroe, Stevens, White None MOTION CARRIED Unanimous B. Ordinance No. 90-03 Creating Chapter 17.14 Rural ORDINANCE Development Zoning District. NO. 90-03 Ordinance No. 90-03 was presented for second reading and public hearing. This ordinance implements a new zoning district. MONROE, moved to adopt seconded by MCFARLAND Ordinance No. 90-03. The presiding officer called for public testimony. Duane Dvorak, Community Development representative, stated that Ordinance No. 90-03 represented over a year of work by the Planning and Zoning Commission and is designed to replace "Conservation Zoning District" when new comprehensive plan is done. The primary intent of the district would be to permit the more traditional uses which were presently taking place in the Kodiak shoreline area and would also establish and provide for a review mechanism for these traditional uses which would be consistent with the K.I.B. Coastal Management program. He said the staff had recommended the assembly consider this ordinance and approve it. Mr. Dvorak responded to questions from assemblymembers. As clarification, Mayor Selby said part of the reason the Rural Development Zoning District was being created was because when the P&Z Commission started working on the comprehensive plan, they discovered several zoning district classifications were missing and felt these districts were needed in order to do Regular Assembly Meeting Volume XIII February 6, 1990 Page 27 the comprehensive plan. The comprehensive plan was placed on hold until the new districts could be developed, he added. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED McFarland, Monroe, Stevens, Austerman, White None Unanimous Presiding Officer White noted that he had failed to RECONSIDERATION call for public testimony before the vote was taken OF ORDINANCE on Ordinance No. 90-02. NO. 90-02 MCFARLAND, moved to reconsider seconded by STEVENS Ordinance No. 90-02. VOTE ON MOTION TO RECONSIDER MOTION CARRIED Unanimous Voice Vote The presiding officer called for public testimony, there being none, he reconvened the assembly. VOTE ON MOTION TO ADOPT MOTION CARRIED Unanimous Voice Vote C. Ordinance No. 90-04 Amending Chapter 17.36 ORDINANCE Existing Nonconforming Uses and Structures. NO. 90-04 Ordinance No. 90-04 was presented for second reading and public hearing. MCFARLAND, moved to adopt seconded by AUSTERMAN Ordinance No. 90-04. The presiding officer called for public testimony. Duane Dvorak, presenting the Community Development Department, said the staff recommended approval of the ordinance. He added this ordinance was a by- product of the Rural Development Zoning District when the P&Z Commission was made aware that certain land claim programs would require the creation of what would normally be considered sub -standard lots. Under the existing code and also under the newly adopted Rural Development Zoning District, certain standards were adopted to address the situation and this Regular Assembly Meeting Volume %III February 6, 1990 Page 28 ordinance change would bring the language in a related code section into conformity and would allow for the creation of non -conforming lots which are federally mandated. The presiding officer reconvened the assembly. VOTE ON MOTION TO ADOPT Ayes: Noes: Stevens, Austerman, McFarland, Monroe, White None MOTION CARRIED Unanimous D. Ordinance No. 90-05 Amending Ordinance 89-13, FY9O Budget. Ordinance No. 90-05 was presented for second reading and public hearing. If adopted, this ordinance would amend the FY9O budget by increasing the general fund budget by $299,810. AUSTERMAN, seconded by STEVENS moved to adopt Ordinance No. 90-05. The presiding officer called for public testimony; there being none, the assembly was reconvened. AUSTERMAN, seconded by STEVENS moved to amend by substitution Ordinance No. 90-05. At the presiding officer's request, Borough Clerk Vaughan explained the changes were the addition of $30,000 for the Lobbyist, $10,000 for Elections, $5,300 for Assessing travel and $8,000 for a Xerox 2510 for blueprinting in Community Development. VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED Austerman, McFarland, Monroe, Stevens, White None Unanimous ORDINANCE NO. 90-05 Regular Assembly Meeting Volume XIII February 6, 1990 Page 29 VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: McFarland, Monroe, Stevens, White Austerman MOTION CARRIED 4 Ayes, 1 No MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby announced that Ray Camardella, the new Facilities/Engineering Director was on board. Mayor Selby reported on his trip to Juneau and said he had participated in some good discussions with members of the legislature. He said he was encouraged because the atmosphere in Juneau was much more favorable toward working with municipalities. He said there was support for early funding for school districts including full funding for the debt service reimbursement for municipalities. He said there was interest in the hospital projects and the statewide coalition. He noted that the governor had introduced his Capital Bill which included about six million for Kodiak Island Borough. He informed the assembly that the Department of Environmental Conservation winter clean-up contract was in place with the state of Alaska and the borough had received $300,000 in advance monies. Work had begun on village documentation and paperwork so money could be issued for work, he added. OLD BUSINESS OLD BUSINESS Presiding Officer White recessed the assembly and reconvened the Board of Adjustment. A. Findings of Fact - Brechan Enterprises, Inc. AUSTERMAN, moved to approve seconded by MCFARLAND Findings of Fact as follows: 1. It is the Kodiak Island Borough's best interest to reserve this land for future use as a sewer and water utility easement because the design of a sewer and water utility system is scheduled to be completed within a few years time and it is likely that some of this land would have to be acquired in order to obtain the necessary access for such a system in this area. Regular Assembly Meeting Volume %III February 6. 1990 Page 30 2. The Kodiak Island Borough agreed to unencumber all lands not identified for use by the sewer and water utility design that is accepted by the Borough and that this vacation of unneeded easement will be accomplished at Borough expense. 3. The creation of the twenty (20) foot wide sewer and water easement along the lot lines adjacent to all the existing rights -of way on Lots 1 and 2, Block 3, Tract A, Bells Flats Alaska Subdivision, will not interfere with the development of the property because the easement will be located within the required front yard, side yard, and rear yard setbacks of the I -- Industrial Zoning District. 4. It is appropriate for the Kodiak Island Borough Assembly to uphold this condition of approval due to the concern about water quality shown by the residents of the Bells Flats and Russian Creek Alaska Subdivisions. Assemblyman Austerman explained that he would vote against these findings of fact because he had voted against the original easements requirements because he felt it would be taking land without compensation. ftelamKO M01611 M010 Ayes: McFarland, Monroe, Stevens, White Noes: Austerman MOTION CARRIED 4 Ayes, 1 No The presiding officer recessed the Board of Adjustment and reconvened the assembly. NEW BUSINESS A. BID AWARDS Ihre=@ - B. RESOLUTIONS 1. Resolution No. 90-11 Supporting an Education Amendment to the State Constitution. Regular Assembly Meeting February 6, 1990 NEW BUSINESS BID AWARDS RESOLUTION NO. 90-11 Volume %III Page 31 Presented for consideration was Resolution No. 90-11. This resolution supports placing the education endowment on the November ballot, but not necessarily the concept. STEVENS seconded by MONROE moved to adopt Resolution No. 90-11. Presiding Officer White asserted that the assembly did not necessarily support the position but did support the amendment going to the ballot so the people could decide it. Assemblyman Stevens noted that the K.I.B. School District had passed Resolution No. 890-2 supporting the Endowment Fund. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED McFarland, Monroe, Stevens, Austerman, White None Unanimous 2. Resolution No. 90-12 Authorizing the Negotiated Purchase of Private Property for Elementary School Purposes. Presented for consideration was Resolution No. 90-12, authorizing the Mayor to negotiate the purchase of property as the site for a new elementary school construction. AUSTERMAN, moved to adopt seconded by MCFARLAND Resolution No. 90-12. Assemblyman Austerman explained the location of the property was the old saw mill site between Otmeloi Road and Anton Way. Assemblyman McFarland pointed out Witteveen, K.I.B. School District the K.I.B. School Board had sent a of the resolution. Regular Assembly Meeting February 6, 1990 that John superintendent and letter in support RESOLUTION NO. 90-12 Volume %III Page 32 VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Monroe, Stevens, Austerman, McFarland, White None Unanimous 3. Resolution No. 90-13 Establishing Board of RESOLUTION Equalization Dates for the Year 1990. NO. 90-13 This item was previously approved in first reading under the "Consent Agenda." C. ORDINANCES FOR INTRODUCTION ORDINANCES FOR INTRODUCTION 1. Ordinance No. 90-07 Providing for Election By -Mail Procedures. ORDINANCE NO. 90-07 AUSTERMAN, moved to adopt seconded by MONROE Ordinance No. 90-07 in first reading and advance to Public Hearing on February 15, 1990. At Assemblyman McFarland's request, Borough Clerk Vaughan explained some of the changes in the code regarding voting by personal representative, witnessing of absentee ballots, and the by -mail voting procedures. She explained that she would have a list of administrative regulations for the assembly's concurrence at the February 15 meeting. She said she would also have for review some information from Oregon where this type of procedure has been used in school district elections. She thought the cost of a by -mail election would be the same as a regular election because she would be mailing out 40 -day notices prior to the election. She noted that the state of Alaska Division of Elections used by -mail procedures with REAA and local liquor option elections. Borough Clerk Vaughan responded to other questions from assemblymembers. Assemblyman McFarland said he felt good about the by - mail election ordinance because it might serve to better educate the public about the voting process. Regular Assembly Meeting Volume XIII February 6, 1990 Page 33 VOTE ON MOTION TO ADOPT MOTION CARRIED D. OTHER ITEMS Unanimous Voice Vote 1. Certification of Special Election of January 16, 1990 (Woodland Acres Street Light Service District) AUSTERMAN, seconded by MCFARLAND moved to accept the report of the Election Canvas Board and declare that the special election of January 16, 1990 was validly held. Assemblyman Austerman stated this election involved the street lighting vote in Woodland Acres and the results were fourteen votes in favor, five votes against, and three ballots rejected. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote 2. Approval of Lease of C.T. Scanner for K.I.B. Hospital. MONROE, move to approve lease seconded by AUSTERMAN for K.I.B. Hospital. At Assemblymember Monroe's request, Betty Springhill, member of the Hospital Advisory Board, said the Board had been excited about the purchase of the C. T. Scanner for a long time. Dr. Tschersich, K.I.B. Hospital radiologist, explained he had seen the latest models of this scanner in Chicago and determined this model would be best for the Kodiak facility. He stressed that a C.T. Scanner was a "must" for any size modern health care facility. Presiding Officer White noted that this request was for a "lease" and not a purchase so the scanner could be updated if so desired. Assemblyman Austerman asked how the C. T. Scanner would effect the hospital budget. Mayor Selby explained that in the five year agreement the cost would be paid by the revenues generated by the equipment within three years time and during the remaining two years, the scanner's use would Regular Assembly Meeting February 6, 1990 OTHER ITEMS SPECIAL ELECTIO CERTIFICATION APPROVAL OF LEASE OF C.T. SCANNER Volume XIII Page 34 contribute to the operating cost of the facility. Also, he alerted the assembly about a problem with the state fire marshall over the attachment of the building containing the scanner to the present hospital facility and the possible resulting cost. VOTE ON MOTION Ayes: Noes: Stevens, Austerman, McFarland, Monroe, White None MOTION CARRIED Unanimous 3. Authorization to Hire Lobbyist. AUTHORIZATION T HIRE LOBBYIST AUSTERMAN, move to authorize mayor seconded by MCFARLAND to hire a Lobbyist for an amount NTE $30,000. Assemblyman Stevens stated he felt very comfortable over hiring a lobbyist since it was not a "forever" arrangement and this was the year to have an impact on the legislature. He thought Mr. Garzini would be a very effective lobbyist. MCFARLAND, moved to amend to seconded by STEVENS authorize mayor to negotiate contract with Ron Garzini for lobbying. A discussion followed between assemblymembers about the lobbyist and the items to be promoted. VOTE ON MOTION TO AMEND MOTION CARRIED Unanimous Voice Vote VOTE ON MOTION AS AMENDED MOTION CARRIED Unanimous Voice Vote INFORMATIONAL MATERIALS (No Action Required) INFORMATIONAL MATERIALS A. MINUTES OF OTHER MEETINGS 1. Planning and Zoning Commission Regular MINUTES OF OTHE Meeting of December 20, 1989. MEETINGS Regular Assembly Meeting Volume XIII February 6, 1990 Page 35 B. REPORTS REPORTS 1. Status Report for December, 1989 - Community Development. C. OTHER OTHER None CITIZENS' COMMENTS CITIZENS' COMMENTS Betty Springhill inquired about Mr. Garzini and asked if he was going to contact the Hospital Advisory Board for their recommendations and information. ASSEMBLYMEN'S COMMENTS ASSEMBLYMEN'S COMMENTS Assemblyman White expressed pleasure with the assembly's action on the C.T. scanner. As a member of the Emergency Council, he said that he had attended a meeting several weeks ago which proved to be very rewarding regarding the winter oil clean-up progress. He reported that the high impact beaches appeared to be cleaning themselves on the surface, but that ten centimeters under the surface the oil was still present. However, he said, the biodegrading project appeared to be having some positive impact on the oil. He thought moving oil in its solid state would be rough at this time of year. He announced the assembly would meet in work session on Thursday, February 8 and the next regular assembly meeting would be on Thursday, February 15, 1990. Assemblyman Austerman spoke regarding Wayne Coleman's road presentation and the lack of funds to repair the roads and inquired if any assemblymembers contacted the Department of Transportation when they were in Juneau. Assemblyman McFarland stated that he had the opportunity to visit the DOT/PF central office in Anchorage and to speak with Janet George, the head planner. He said the perceptions in Kodiak were not inaccurate but thought more credit should be given to DOT in Anchorage for the things they were trying to pursue. He said their budget had been cut and no money was available for operation and maintenance on capital projects. He reported that DOT was out of material to work on Rezanof Drive and it would cost half a million just to patch the holes. To resurface Rezanof Drive from the "Y" to Benny Benson Drive would cost $1.2 million, he added. Also, he said he planned to introduce some resolutions on fisheries issues, in particular, the Individual Fishing Quota Regular Assembly Meeting Volume XIII February 6. 1990 Page 36 system and the total moratorium on all fisheries. Assemblyman Stevens was pleased about the assembly's action concerning the by -mail ballot ordinance and thought the voter turn -out for an election should show tremendous improvement based on responses in other states. He thought a debt of thanks was due the Borough Clerk for drafting the ordinance. He said it was difficult to quantify if the assembly was having an impact in Juneau and thought it was important to have a lobbyist there. Assemblyman Stevens asserted the Southwestern Alaska Municipal Conference was a remarkable organization with all members having common interests. Assemblymember Monroe commented there were some discrepancies in the personnel policies between the Mental Health Center and the Kodiak Island Borough which needed to be resolved and said there would be a joint work session with the Personnel and Mental Health Boards next week to work on them. She concurred with the earlier comments about the new elementary school and C.T. Scanner. She stated the by -mail election ordinance should serve as a model for other communities. She said that she was concerned about the mid -year budget amendments and planned to devote more energy on the budget. ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 9:37 p.m. �cc Pr iding Officer ATTEST: t ADJOURNMENT Regular Assembly Meeting Volume XIII February 6, 1990 Page 37