Loading...
1992-01-09 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting January 9, 1992 A regular meeting of the Kodiak Island Borough Assembly was held January 9, 1992 in the Assembly 10 Chambers of the Kodiak Island Borough Building, Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Father Mike Warfel of St. Mary's Catholic Church, followed by the Pledge of Allegiance. There were present: Jack McFarland, Presiding Betty Fitzjearl Gordon Gould Suzanne Hancock Mike Milligan Gary Stevens absent: Mary Monroe (out -of -town) moved to excuse secondes d by ond STEVENS Assemblymember Monroe. sec VOTE ON MOTION MOTION CARRIED Unanimous voice vote comprising a quorum of the Assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Donna Smith, Borough Clerk APPROVAL OW AGENDA seecoondded by GOULD moved to approve agenda STEVENS, as submitted. VOTE ON MOTION MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES A. K.I.B. Assembly meetings of September 19 and October 3, 1991. Regular Assembly Meeting January 9, 1992 KIBS104594 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Volume XI' Page STEVENS, seconded by GOULD VOTE ON MOTION MOTION CARRIED AWARDS AND PRESENTATION moved to approve minutes of September 19 and October 3,1991. Unanimous voice vote A. Employee of the Month EMPLOYEE OF THE MONTH Mayor Jerome Selby presented the Employee of the Month award to Bob Scholze, Enforcement Officer /Associate Planner in the Community Development Department. CITIZEN COMMENTS CITIZEN COMMENTS A. Agenda Items Not Scheduled For Public Hearing James Wilson spoke to Ordinance No. 92 -01 in that it appeared to meet the Alaska Administrative Code. He interpreted the Alaska Statutes and Alaska Administrative Code and agreed the ordinance was comprehensive and met most requirements. He thought one area to be considered was to have the Advisory Board hear public concerns regarding the operation of the Mental Health Center by using a three person committee to hear such complaints. He felt the board should be regularly apprised of complaints about the Mental Health Center. He asked that legislation be adopted at a local level per the Alaska Statutes and Alaska Administrative Code. George Rieth talked about Ordinance No. 91 -33. He felt the rezone of the sawmill property made sense because it did not conflict with residential land uses as the property was accessed by a roadway used year -round and was separated by a fifty foot buffer strip. He felt these conditions made it ideal for business zoning. He informed the Assembly that business zoned property was subject to fire protection and water and sewer services. He pointed out that the community needed this type of property and urged the Assembly to consider the needs of the community as a whole and approve the rezone. Mark Kandianis spoke to Resolution No. 92 -01. He stated he had one vessel in the scallop fishery as that was all the fishery allowed. He went on to say the resolution was developed by the Commissioner of Fish & Game as a solution to the over fishing problem. Regular Assembly Meeting January 9, 1992 KIBS104595 AWARDS AND PRESENTATIONS Volume XIV Page 2 of monies from completed projects and used them for projects short of funds or new projects. He stated there were five proposed new projects and added that monies were moved from the Service District No. 1 water /sewer project into water line replacement, upgrade and design of main lines on Spruce Cape Road. He said the adjustment allocated funds to the King Crab Symposium. GOULD, seconded by STEVENS VOTE ON MOTION TO AMEND MOTION CARRIED The Presiding Officer called seeing and hearing none, the VOTE ON MOTION AS AMENDED Ayes: Noes: Absent: MOTION CARRIED Regular Assembly Meeting January 9, 1992 moved to amend Ordinance No. 91 -08F by substitution. Unanimous voice vote for public testimony; Assembly was reconvened. Fitzjearl, Gould, Hancock, Milligan, Stevens, McFarland None Monroe Unanimous B. Ordinance No. 90 -40 Repealing and Re- enacting ORDINANCE NO. 90 -40 Chapter 17.40 (Projections Into Required Setbacks) of the Borough Code. Presented for consideration was Ordinance No. 90 -40 which, if adopted, revised the Borough Code setting restrictions on projections into required setbacks. Before the Assembly was the motion to adopt Ordinance No. 90 -40. Robin Heinrichs, Planning and Zoning Commissioner, was asked to give a staff report. He said that, per Assembly request, discussions were held with area fire chiefs on how sideyard projections affected �he the emergency services. He reviewed the results of discussions on appropriate required setbacks and highlighted the major change in the rewrite as KIBS104598 Volume XIV Page 5 guaranteed access on one side or the other. He disclosed that the requirement might impact lots with severe terrain that would have to develop access. He added that other changes were technical and in tabular form that was very clear. The Presiding Officer called for public testimony; seeing and hearing none, the Assembly was reconvened. VOTE ON MOTION Ayes: Noes: None Absent: Monroe MOTION CARRIED Unanimous STEVENS, seconded by HANCOCK VOTE ON MOTION TO POSTPONE Ayes: Noes: None Absent: Monroe MOTION CARRIED Unanimous Regular Assembly Meeting January 9, 1992 Gould, Hancock, Milligan, Stevens, Fitzjearl, McFarland C. Application for Restaurant Designation Permit Kalsin Bay Inn, Inc. DBA Kalsin Bay Inn Mile 29 Chiniak Highway Kodiak, Alaska Applicant: Kathy Sargent Granholm. The applicant, Kathy Sargent Granholm, asked for postponement to the January 23, 1992 regular meeting. moved to postpone Application for Restaurant Designation Permit of Kalsin Bay Inn to the January 23, 1992 regular meeting. Hancock, Milligan, Stevens, Fitzjearl, Gould, McFarland KIBS104599 RESTAURANT APPLICATION Volume XIV Page 6 Assemblymember Milligan discussed transponders used on the East Coast and asked Mr. Kandianis if there was a plan to develop them in Kodiak. Mr. Kandianis replied that the Coast Guard monitored boats in the fishery. Also discussed was the possibility of undue hardship if there were exclusive legislation such as used in herring fishery. Mr. Kandianis said the scallopers range state -wide and some areas were closed during soft -shell development time. Dan Oqq, a resident of Marmot Drive, spoke to Ordinance No. 91 -33. He supported the decision of the Planning and Zoning Commission to reject the ordinance at this time. Kathy ■Cordry telephoned to express concern that Ordinance No. 91 -33 was premature because of all that business zoning entailed. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE COMMITTEE REPORTS REPORTS Robin Heinrichs, Planning & Zoning Commissioner, said the Commissioners met with the new members of the Commission in an orientation session. He announced a work session in two weeks to discuss draft language on a new zoning for businesses and small changes to sign codes recently adopted. The Assembly discussed with Mr. Heinrichs the property purchased before change. Assemblymember Stevens asked about the Woody Island rezone. Linda Freed, Community Development Department Director, responded that Bob Scholze was working on the rezone and also looking at the whole urban group of islands in a hoped to havedraftlanguagecbyPlatensummer. She Mr. Heinrichs addressed priorities previously discussed with the Assembly and Commissioners. He pointed out that the Commissioners were proceeding with the rewrite of business zoning and the plan and d staff was working on the plan - - - island comprehensive plan. Regular Assembly Meeting January 9, 1992 K1BS104596 Volume XIV Page 3 Presiding Officer McFarland responded that the Assembly wanted business zoning the number one priority, the comprehensive plan number two, and the Woody Island rezone number three and expressed the desirability of all three coming together at one time. Mayor Selby asked the Assembly to be realistic in understanding that although the three items were being worked on at the same time, they may not necessarily be done at the same time. Assemblymember Gould reported that the hospital did a six -month audit that would be presented to the Assembly. He announced that the Hospital Advisory Board would set a goal setting session date. He met with the Kodiak Island Borough School District budget review committee whose purpose was to gain citizen's input on the budget. He added the budget would be presented to the Assembly at a future work session. Assemblymember Milligan said the Cook Inlet Regional Advisory Council was actively involved in the recent Cook Inlet spill and would be submitting their report. He added that compared to spill response in the mid 80's, industry response to the spill in Cook Inlet was immediate. After a five minute recess, Presiding Officer McFarland reconvened the regular meeting. 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 -08F Amending Ordinance ORDINANCE No. 91 -08 FY92 Budget. NO. 91 -08F Presented for consideration was Ordinance No. 91 -08F which, if adopted, amended the FY92 Budget to free up unused monies from completed projects for use on incomplete and new projects. GOULD, moved to adopt seconded by STEVENS Ordinance No. 91 -08F. Mayor Selby explained this was an annual mid -year budget adjustment and adjustments were not significant. He proposed a $99,300 reduction in the general fund because of insurance expense savings and a reduction in revenue, partly due to raw fish tax. He explained that capital projects took the balance Regular Assembly Meeting January 9, 1992 KIBS104597 Volume XIV Page 4 The Presiding Officer recessed the Assembly and convened the Board of Adjustment. BOARD OF ADJUSTMENT An appeal of a portion of the Planning & Zoning Commission's denial of a request for preliminary approval to vacate a reservation contained in the patent for U.S. Survey 304. "Specifically, a roadway sixty (60) feet in width, parallel to the shoreline, as nearly as may be practicable, for the use of the public as a highway." Generally located near Harvester Island in Uyak Bay. (Applicant: Leon Francisco and DeWitt Fields) (Appellant: Leon Francicco and DeWitt Fields* i Agen* : A.D. Cristaldi) i i D. The Presiding Officer opened the public hearing. Linda Freed, Community Development Director, read the appeal, the findings -of -fact adopted by the Planning & Zoning Commission, and Section 16.60.01 of the Borough Code. She directed attention to maps showing property location (south of Harvester Island in an area called Uyak Anchorage). Ms. Freed pointed out some particular features on the map to highlight the property location. In responding to the Board's questions, she noted that Uyak Natives had surface rights and Koniag had subsurface rights of adjoining property to the south. She said the easement was created by the Federal Government around 1900 as part of the patent and added that the easement did not extend into adjoining property. The Board opened the question of the specific directions given the applicant at the Commission's April meeting that were not met by October. Ms. Freed said there was no testimony from the applicant at that meeting when response had been expected. Mr. Heinrichs added that the Commission felt action was needed on the information before them at that time. Andy Cristaldi, representative of Mr. Francisco and Mr. Fields, felt there was a misunderstanding on the part of one of the applicants in regard to the exact location. He said that members of the Borough staff conducted an on -site visit last summer. (Ms. Freed interjected that the staff was Bud Cassidy, Resource Manager, and Duane Dvorak, Associate Planner.) He continued that after the site visit, Mr. Francisco indicated it was his opinion, after speaking with staff, there was no need for a survey to be done as requested by the Commission because it was not Regular Assembly Meeting January 9, 1992 KIBS104600 BOARD OF ADJUSTMENT Volume XIV Page 7 expressly relayed to Mr. Francisco by staff at that time. They asked Mr. Tarrant to do a survey but he was unable to because of the holidays and weather. He added that Mr. Tarrant will survey the property to verify that was done in 1899. He referred to the map and noted the Uyak Natives have stream access to their property. He said there were two objections to their request; one from the Larsen Bay Native Association and one from Uyak Natives. George Rieth supported the appeal because he did not regard the easement as being valuable to the public. No one spoke opposing the appeal. When Assemblymember Gould mentioned the legal objections as stated in the Commission's findings -of- fact, Ms. Freed read the Borough attorney's opinion found on page 16 of the appeal. GOULD, seconded by FITZJEARL When Assemblymember Fitzjearl expressed her potential conflict, Presiding Officer McFarland ruled that she did not as there was no monetary gain. FITZJEARL, seconded by STEVENS VOTE ON MOTION TO AMEND Ayes: Noes: None Absent: Monroe MOTION CARRIED Unanimous Regular Assembly Meeting January 9, 1992 moved to uphold the decision of the Planning & Zoning Commission. moved to amend by postponing findings -of- fact to the January 23, 1992 regular meeting. Stevens, Fitzjearl, Gould, Hancock, Milligan, McFarland KIBS10460 Volume XIV Page 8 VOTE ON MOTION AS AMENDED Ayes: Milligan, Stevens, Fitzjearl, Gould, Hancock, McFarland Noes: None Absent: Monroe MOTION CARRIED Unanimous The Presiding Officer adjourned the Board of Adjustment and reconvened the regular meeting. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby urged the community to get involved in the hearings for the use of funds from the Exxon Valdez oil spill settlement. He understood testimony from Kodiak was ignored, particularly Atchat and Katmai National Parks and Shuyak State Park. He expressed a need to let people know they need to expand their horizons beyond Prince William Sound. He met with Paul Fuhs, liaison for Governor Hickel, in Kodiak and was assured that he was pressing municipal government needs to Governor Hickel's administration. Mr. Fuhs stopped by the hospital, sewage treatment plant, and travelled Mill Bay Road and Rezanof Drive. Mayor Selby impressed upon Mr. Fuhs the need for capital projects. The Mayor said the Federal Government would give us Peterson Elementary School and $3,740,690 for upgrades which was more than thought available. He credited Ray Camardella, Engineering /Facilities Director, who pursued funding. He said that with additional bond money, the improvements upgraded life, health, and safety and brought the school up to a par with East Elementary School and Main Elementary School. He spoke to Keith Gerkin, Deputy Commissioner of the Department of Transportation and Public Facilities, about Rezanof Drive and the $300 million going to Alaska and what Kodiak might receive. A construction schedule for 1993 was discussed. He said Mr. Ge,.,.l,', indicated $50 million of the $300 million may be put into the Tustemena so he would not make any commitment. He continued to negotiate to resolve the KCA Detox Center and tentatively resolved the fence matter. Regular Assembly Meeting January 9, 1992 KIBS104602 MESSAGES FROM THE MAYOR Volume XIV Page 9 OLD BUSINESS OLD BUSINESS A. Findings -of -Fact - Ordinance No. 91 -30 rezoning FINDINGS -OF- Lot 1, U.S. Survey 5696 from PL-- Public Use ORDINANCE Lands to R- 1-- Single Family Residential and R -3- NO. 91 -30 -Multi Family Residential (Generally Located Between the End of Spruce Cape Road and the End of Woodland Drive). STEVENS, seconded by GOULD As part of his motion, Assemblymember Stevens read the findings -of -fact as follows: "1. Will not permit an overall density of development for this area in excess of Medium Density, i.e. single - family residential development; 2. Will not result in the creation of nonconforming uses; 3. Is consistent with the change of ownership from public entity to private landowner; 4. Is generally consistent with the 1968 Comprehensive Plan." VOTE ON MOTION TO ADOPT Ayes: Fitzjearl, Gould, Hancock, Milligan, Stevens, McFarland Noes: None Absent: Monroe MOTION CARRIED Unanimous B. Findings -of -Fact - Ordinance No. 91 -32 Rezoning FINDINGS -OF -FACT U S urvey 3630 en Woody Tc_la_n_A_ from C -- ORDINANCE Conservation to RR -1- -Rural Residential One NO. 91 -32 (Located on Woody Island). Regular Assembly Meeting January 9, 1992 moved to adopt the findings -of -fact adopted by the Planning and Zoning Commission as the findings -of -fact in the adoption of Ordinance No. 91 -30. KIBS104603 Volume XIV Page 10 GOULD, seconded by STEVENS VOTE ON MOTION TO ADOPT Ayes: Regular Assembly Meeting January 9, 1992 moved to adopt the findings -of -fact adopted by the Planning and Zoning Commission as the findings -of -fact in the failure to adopt Ordinance No. 91 -32. As part of his motion, Assemblymember Gould read the findings -of -fact as follows: "1. Is not specifically addressed by any existing comprehensive planning document; 2. Is not compatible with the pre- existing residential development, recreational uses and archaeological sites, based on public testimony; 3. Would devalue nearby property due to the likelihood of increased traffic and off -site impacts to the environmental and pre- existing land uses as a result of increased residential density; 4. No evidence was presented either by the public or the applicant that indicates a public need or justification for the proposed zoning change; 5. Granting the proposed rezone would constitute spot zoning. Such action would be inconsistent with proper planning processes." Gould, Hancock, Milligan, Stevens, Fitzjearl, McFarland Noes: None Absent: Monroe MOTION CARRIED Unanimous The Presiding Officer recessed the regular meeting and convened the Board of Adjustment. KIBS104604 Volume XIV Page 11 C. Findings -of -Fact - Board of Adjustment FINDINGS -OF -FACT BOARD OF An appeal of the Planning and Zoning ADJUSTMENT commission's Approval of a Request for Preliminary Approval of the Subdivision of Lot 1 U.S. Survey 5696, Creating 124 Residential Lots. (Generally Located Between the End of Spruce Cape Road and the End of Woodland Drive) (Applicant: Natives of Kodiak) (Appellant: Woodland Drive Property Owners) GOULD, seconded by FITZJEARL As part of his motion, Assemblymember Gould read the findings -of -fact as follows: "1. The plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code: 2. The plat meets all the requirements of Title 17 of the Borough Code; 3. The plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans; and 4. The additional condition of approval placed on this subdivision by the Board of Adjustment will ensure that Woodland Drive meets borough road standards before a significant increase in traffic resulting from the subdivision has access to Woodland Drive." Regular Assembly Meeting January 9, 1992 moved to adopt the findings -of -fact for upholding the decision of the Planning and Zoning Commission with findings -of -fact for additional condition placed by the Board of Adjustment to grant preliminary approval to the subdivision of Lot 1, U.S. Survey 5696 creating 124 residential lots. KIBS104605 Volume XIV Page 12 VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: Monroe MOTION CARRIED Unanimous Absent: MOTION FAILED GOULD, seconded by STEVENS Regular Assembly Meeting January 9, 1992 Hancock, Milligan, Stevens, Fitzjearl, Gould, McFarland The Presiding Officer adjourned the Board of Adjustment and reconvened the regular meeting. D. Ordinance No. 91 -33 Rezoning Lot 1, Block 1, ORDINANCE Sawmill Subdivision from C -- Conservation to NO. 91 -33 B -- Business. (1667 Monashka Bay Road) Presented for second public hearing was Ordinance No. 91 -33 which, if adopted, rezoned Lot 1, Sawmill Subdivision to Business. Before the Assembly was the motion to adopt Ordinance No. 91 -33. VOTE ON MOTION TO ADOPT Ayes: None Noes: Milligan, Stevens, Fitzjearl, Gould, Hancock, McFarland Monroe Unanimous moved to adopt findings -of -fact for Ordinance No. 91 -33. As part of his motion, Assemblymember Gould read the findings -of -fact as follows: "The Planning and Zoning Commission finds that a rezone of Lot 1, Block 1, Sawmill Subdivision from C- - Conservation to B -- Business is not necessary and justified because the B -- Business Zoning District permits uses that: 1. Are not consistent with the goals and objectives of the 1985 Monashka Bay Comprehensive Plan for the following reasons; KIBS104606 Volume XIV Page 13 a.) As evidenced by the public testimony, rezoning this property to B-- Business is not compatible with the definition of neighborhood business in the Plan; b.) Public testimony indicated that the buffer between the proposed B -- Business Zoning District and the residential area is not adequate as identified in the Plan; 2. Are not compatible with the nearby residential development; 3. Would devalue nearby residential property due to the possibility of uses which would result in off -site impacts to residences such as noise, vibration, glare, traffic, degradation of water quality, etc. The 1985 Monashka Bay Comprehensive Plan shows this area to be designated for B -- Business development. A rezone to B-- Business is not consistent with the goals and objectives of the plan. The intent of the plan is to allow only a few of the less intensive land uses otherwise permitted in the existing B -- Business Zoning District. Although the history of this lot is one of limited I-- Industrial uses, i.e. sawmill and warehouse uses permitted by conditional use permit and exception, it would not be appropriate to permit the complete range of permitted business uses on this site due to the location of nearby residential development. B-- Business and I -- Industrial uses should be located farther out Monashka Bay Road and away from existing residential areas." VOTE ON MOTION Ayes: Noes: None Absent: Monroe MOTION CARRIED Unanimous Regular Asaembly Meeting January 9, 1992 Stevens, Fitzjearl, Gould, Hancock, Milligan, McFarland KIBS104607 Volume XIV Page 14 NEW BUSINESS A. BID AWARDS 1. CN -92 -060 Island Lake Park Road Project Professional Engineering Services Contract. If approved, this would award the Island Lake Park Road Project Professional Engineering Services Contract to Rolland A. Jones, Consulting Engineer, in an amount not to exceed $9,500. Mayor Selby explained this was a request from land owners to build the roadway as it would remove present roadway from leased site and added there was an indication that adjoining property owners agreed. STEVENS, seconded by GOULD VOTE ON MOTION Ayes: Noes: None Absent: Monroe MOTION CARRIED Unanimous Regular Assembly Meeting January 9, 1992 moved to award CN -92 -060 Island Lake Park Road Project Professional Engineering Services Contract to Rolland A. Jones, Consulting Engineer, in an amount not to exceed $9,500. Fitzjearl, Gould, Hancock, Milligan, Stevens, McFarland 2. CN -92 -061 AHERA Management Plans Contract. CN -92 -061 AHERA CONTRACT If approved, this would award the AHERA Management Plans Contract to Arctic Slope Consulting Group, Inc. of Anchorage, Alaska, as a cost plus contract not to exceed $24,892. Mayor Selby reported that this was a requirement of the Federal Government of AHERA Act that school buildings be rechecked to verify no risks from asbestos. KIBS1046 NEW BUSINESS BID AWARDS ISLAND LAKE PARK ROAD PROJECT Volume XIV Page 15 GOULD, seconded by STEVENS VOTE ON MOTION Ayes: moved to award CN -92 -061 AHERA Management Plans Contract to Arctic Slope Consulting Group, Inc. of Anchorage, Alaska, as a cost plus contract not to exceed $24,892. Gould, Hancock, Milligan, Stevens, Fitzjearl, McFarland Noes: None Absent: Monroe MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 92 -01 Urging the RESOLUTION Commissioner of Fish & Game to Place a NO. 92 -01 Moratorium on Scallop Fishing in Alaskan Waters. Presented for consideration was Resolution No. 92 -01 which, if adopted, placed a moratorium on scallop fishing in Alaskan waters allowing completion of analysis of the fishery to prevent over harvesting of the scallop beds. FITZJEARL, moved to adopt seconded by STEVENS Resolution No. 92 -01. Mayor Selby said the resolution was requested by Kodiak scallopers because as many as 40 scallop boats and some draggers from the east coast may come to fish scallop in Alaskan waters. He added that draggers and longliners support the resolution because east coast boats could devastate other habitats as well. that the la.... the fact Assembiymember Hancock spoke to �..� +.+•.+�- moratorium may be one step toward limited entry. She thought that although fishermen did not want boats coming, they did not want to send signals of limited entry. She felt more comfortable in holding a public hearing on the resolution. Regular Assembly Meeting January 9, 1992 KIBS104 Volume XIV Page 16 Assemblymember Milligan agreed and elaborated on Assemblymember Hancock's remarks. Assemblymember Gould had the impression that the resolution was good because it affected a particular fishery but agreed it could send a message out about IFQ. He agreed to postponing action until after a public hearing. Presiding Officer McFarland supported postponement because of the possible repercussion from this type of resolution and to review actions on previous moratoriums. Assemblymember Gould pointed out this urged the Fish and Game Commission to take action, and he felt comfortable with asking the Commission to protect the industry. Presiding Officer McFarland agreed but appreciated more time to consider and to hear from local experts. GOULD, seconded by FITZJEARL VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 92 -01 Repealing Chapter 8.08 Mental Health Center Advisory Board of the Borough Code and Re- enacting Chapter 8.08 Mental Health Center Advisory Board of the Borough Code. Presented in first reading was Ordinance No. 92 -01 which, if adopted, repealed and rewrote Kodiak Island Borough Code Section 8.08 regarding the duties of the Mental Health Center Advisory Board. Regular Assembly Meeting January 9, 1992 moved to postpone Resolution No. 92 -01 and advance to public hearing on January 23, 1992. Hancock, Milligan, Stevens, Fitzjearl, Gould, McFarland None Monroe Unanimous KIBS104610 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 92 -01 Volume XIV Page 17 GOULD, moved to adopt seconded by STEVENS Ordinance No. 92 -01 Mayor Selby reported that this was a code clarification of the Mental Health Center Advisory Board duties. He said it made the Board consistent and able to focus on duties that would be productive. GOULD, seconded by FITZJEARL Regular Assembly Meeting January 9, 1992 moved to amend Ordinance No. 92 -01 by inserting in Section 8.08.010 following the second sentence the following: "The majority of the board members may not be providers of direct health care services or have been providers of direct health care services for the twelve (12) months before appointment. Employees of the Mental Health Center may not be appointed to the board. The board members should be representative of the geographical and socio- economical composition of the Kodiak Island Borough "; and, add to Section 8.08.030 a subsection H to read "The borough mayor, with the concurrence of the board and assembly, is responsible for hiring and firing the center director "; and, strike out Section 8.08.050 Status of employees. KIBS104611 Volume XIV Page 18 VOTE ON MOTION TO AMEND Ayes: Noes: None Absent: Monroe MOTION CARRIED Unanimous Milligan, Stevens, Fitzjearl, Gould, Hancock, McFarland STEVENS, moved to amend to seconded by FITZJEARL advance Ordinance No. 92 -01 to public hearing on January 23, 1992. VOTE ON MOTION TO AMEND Ayes: Stevens, Fitzjearl, Gould, Hancock, Milligan, McFarland Noes: None Absent: Monroe MOTION CARRIED Unanimous 2. Ordinance No. 92 -02 Amending the Zoning ORDINANCE Boundaries of the City of Kodiak Municipal NO. 92 -02 Watershed by Amending the Legal Descriptions Contained in Ordinances No. 77 -26 -0 and No. 84 -35 -0 (Zoning Map). Presented in first reading was Ordinance No. 92 -02 which, if adopted, would amend the City of Kodiak municipal watershed area and boundaries, by revising the legal description of the municipal watersheds contained in Ordinances No. 77 -26 -0 and 84 -35 -0 on the zoning map. GOULD, seconded by STEVENS Regular Assembly Meeting January 9, 1992 moved to advance Ordinance No. 92 -02 to public hearing on .Tannary 23, 1992. KIBS104612 Volume XIV Page 19 VOTE ON MOTION Ayes: Fitzjearl, Gould, Hancock, Milligan, Stevens, McFarland Noes: None Absent: Monroe MOTION CARRIED Unanimous 3. Ordinance No. 92 -03 Amending the Legal ORDINANCE Description of the City of Kodiak Municipal NO. 92 -03 Watershed by Amending the Legal Descriptions Contained in Ordinance No. 84 -36 -0. (Extra - Territorial Powers) Presented in first reading was Ordinance No. 92 -03 which, if adopted, amended the legal description of the City of Kodiak municipal watershed area contained in Ordinance No. 84 -36 -0, for the purpose of granting extra - territorial powers. GOULD, seconded by STEVENS VOTE ON MOTION Ayes: FITZJEARL, seconded by STEVENS Regular Assembly Meeting January 9, 1992 moved to advance Ordinance No. 92 -03 to public hearing on January 23, 1992. Gould, Hancock, Milligan, Stevens, Fitzjearl, McFarland Noes: None Absent: Monroe MOTION CARRIED Unanimous D. OTHER ITEMS 1. Personnel Advisory Board Member Resignation. Walter Sapp, Personnel Advisory Board Member, 1 .. * *ar of roa i nnat 1 nn _ moved to accept, with regret, the resignation of Walter Sapp from the Personnel Advisory Board. KIBS104613 OTHER ITEMS RESIGNATION Volume XIV Page 20 VOTE ON MOTION MOTION CARRIED GOULD, seconded by STEVENS VOTE ON MOTION MOTION CARRIED 2. Disposal of Surplus FITZJEARL, seconded by STEVENS VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED 3. Kodiak High School A 30% Design Drawings. STEVENS, seconded by GOULD Regular Assembly Meeting January 9, 1992 Ambulance Unanimous voice vote moved to advertise vacant seats on the Personnel Advisory and Hospital Advisory Boards per Kodiak Island Borough Code Section 2.39.070. Unanimous voice moved to dispose of surplus Borough ambulance by title transfer for $1.00 to the City of Port Lions. Hancock, Milligan, Stevens, Fitzjearl, Gould, McFarland None Monroe Unanimous iteration Project - Phase II KODIAK HIGH SCHOOL ALTERATIONS moved to approve the 30% design drawings prepared by Kumin Associates, Inc. for the Kodiak High School Alteration Project - Phase II. KIBS104614 vote AMBULANCE Volume XIV Page 21 VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED CITIZEN COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Hancock asked to be joint work session on January 21st meeting on January 23rd. Assemblymember Gould congratulated employee of the month. Regular Assembly Meeting January 9, 1992 Milligan, Stevens, Fitzjearl, Gould, Hancock, McFarland None Monroe Unanimous INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS None. B. REPORTS 1. Kodiak Island Borough December 1991 Financial Report. James Wilson addressed discussion on the Mental Health Center Director because he did not think that the advisory board hired the director. He urged an addition to Ordinance No. 92 -01 Section 8.08.030 to set procedures for hearing grievances. He also thought that language should be included from Title 7, Chapter 71, Section 30, paragraph D, about a representative of a particular sub group not actually having to be a part of that sub group, but designated by the sub group to be there. He was glad to see positive action being taken. Mayor Selby mentioned that the grievance procedure process would be incorporated in the procedures manual as the code required. KIBS104615 excused from the and the regular Bob Scholze, the INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS CITIZEN COMMENTS ASSEMBLYMEMBER COMMENTS Volume XIV Page 22 Presiding Officer McFarland commented on meeting with the Mayor and Paul Fuhs and how our projects fit very well into cost share program. He thought Mr. Fuhs fully understood our position against IFQ and on the inshore /offshore issue. Jeff Stephan spoke to a promise of $10,000 from the Borough to assist with travel expenses to meetings regarding IFQ issues. Mayor Selby informed Mr. Stephan that the Assembly would need specific travel cost information before approving the $10,000 donation and had felt travel expenses should not exceed $4,000. Mr. Stephan said the travel costs had been set at $2,500 per trip with four trips planned and felt he could not be more specific. He was under the impression that the request for funds had already been approved by the Assembly. Presiding Officer McFarland told Mr. Stephan the issue would be placed on the work session agenda of January 16, 1992. Mr. Stephan added that he would not be in Kodiak for the public hearing on moratorium and cautioned the Assembly not to sit as a fishery board when making a determination. He stated a moratorium was limited entry. The Presiding Officer announced the Assembly would meet in work session on January 16th in the Borough conference room, a joint work session with the City on January 21st followed by an Assembly work session, and regular meeting on January 23rd in the Assembly Chambers. There being no further business to come before the Assembly, the meeting adjourned at 11:04 p.m. ATTEST: Donna F Smith Borough Clerk Regular Assembly Meeting January 9, 1992 Jack L, M'CF'arland Pr siding, Officer KIBS104616 Volume XIV Page 23