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