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1992-01-23 Regular Meetingabsent: Suzanne Hancock (out -of -town) VOTE ON MOTION VOTE ON MOTION Regular Assembly Meeting January 23, 1992 KODIAK ISLAND BOROUGH Regular Assembly Meeting January 23, 1992 A regular meeting of the Kodiak Island Borough Assembly was held January 23, 1992 in the Assembly Chambers of the Kodiak Island Borough building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Father Mieche of St. Mary's Catholic Church, followed by the Pledge of Allegiance. There were present: ROLL CALL Jack McFarland, Presiding Betty Fitzjearl Gordon Gould Mary Monroe Mike Milligan Gary Stevens MONROE, moved to excuse seconded by STEVENS Assemblymember Hancock. MOTION CARRIED Unanimous voice vote REGULAR MEETING comprising a quorum of the Assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Donna Smith, Borough Clerk APPROVAL 08 AGENDA APPROVAL OF AGENDA STEVENS, moved to approve agenda seconded by GOULD as submitted. MOTION CARRIED Unanimous voice vote KIBS104617 Volume XIV Page 24 q APPROVAL OF MINUTES APPROVAL OF MINUTES A. K.I.B. Assembly meetings of October 17, 1991. STEVENS, seconded by GOULD VOTE ON MOTION MOTION CARRIED AWARDS AND PRESENTATION B. Proclamation Regular Assembly Meeting January 23, 1992 moved to approve minutes of October 17, 1991. Unanimous voice vote Mayor Jerome Selby presented the Student of the Month award to Jennifer "Holli" Boutwell, a senior at Kodiak High School. Robin Heinrichs, Planning & Zoning Commissioner, announced a training session with Lee Sharp, Anchorage attorney, on local aspects of appeals and meetings tentatively scheduled for March. He provided the Assembly with a summary on the rewriting of the subdivision code to include concerns expressed by the Department of Natural Re uy the ucrui ,.u,c„a. v Resources, th p i Natural - changes effect sign requirements, and off - street parking regulations in Title 17 affected by the American Disabilities Act. KIBS104618 AWARDS AND PRESENTATIONS A. Student of the Month EMPLOYEE OF THE MONTH Mayor Selby proclaimed February 1992 American History Month urging all citizens to join in recognizing the importance of American history in our lives. Debbie Refior, on behalf of the Daughters of the American Revolution, accepted the proclamation. CITIZEN COMMENTS CITIZEN COMitrlTS A. Agenda Items Not Scheduled For Public Hearing None. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS COMMITTEE REPORTS Volume XIV Page 25 Assemblymember Gould reviewed the status of the Budget Review Committee on the school district's budget. PUBLIC HEARING A. Application for Restaurant Designation Permit Kalsin Bay Inn, Inc. DBA Kalsin Bay Inn Mile 29 Chiniak Highway Kodiak, Alaska Applicant: Kathy Sargent Granholm. Presiding Officer McFarland noted that the application had been withdrawn at the request of the applicant. All ordinances and resolutions presented at this meeting were introduced by title only and copies made available to the public. B. Resolution No. 92 -01 Urging the Commissioner of Fish & Game to Place a Moratorium on Scallop Fishing in Alaskan Waters. If adopted, Resolution No. 92 -01 would place a moratorium on scallop fishing in Alaskan waters allowing completion of analysis on the fishery to prevent over harvesting of the scallop beds. Before the Assembly was the motion to adopt Resolution No. 92 -01. Correspondence was received from Teressa and Mark Kandianis requesting withdrawal of Resolution No. 92 -01 from the agenda. They worked with ADF &G on a management tool for control of the fishery that was based on imminent biological harm and felt that political involvement was unnecessary. Assemblymember Fitzjearl, the original mover of the motion to adopt, requested permission to withdraw her motion. Presiding officer McFarland asked if there was objection; hearing none, he announced the motion Yi dr W iLIIUL awia. Regular Assembly Meeting January 23, 1992 KIBS104619 PUBLIC HEARING RESTAURANT PERMIT RESOLUTION NO. 92 -01 Volume XIV Page 26 C. Ordinance No. 92 -01 Repealing Chapter 8.08 ORDINANCE Mental Health Center Advisory Board of the NO. 92 -01 Borough Code and Re- enacting Chapter 8.08 Mental Health Center Advisory Board of the Borough Code. Presented for consideration was Ordinance No. 92 -01 which, if adopted, repealed and rewrote KIS Code Section 8.08 regarding the duties of the Mental Health Center Advisory Board making it consistent with other KIB Code Sections. Before the Assembly was the motion to adopt Ordinance No. 92 -01 as amended. Mayor Selby responded to the request for a staff report. He explained the ordinance clarified the guidelines of the Mental Health Center Advisory Board. He said the Alaska Administrative Code defined the requirements of community mental health center operations. He pointed out that the ordinance was reviewed by the Borough attorney who considered it an improvement and reduced legal liability in that the role of the board was clearly defined as advisory to the Assembly. At the request of Assemblymember Gould, Mayor Selby referred to the fact that the Mental Health Center was operated by the Kodiak Island Borough but under State of Alaska requirements and guidelines. He added that 75% of the funding was provided by the State and 25% by patients, clients, and third -party contractors. He read draft comments from Patrick Aloia, State Grants Administrator, dated January 9, 1992, stating that Ordinance No. 92 -01, clarifying the role and responsibility of the Mental Health Center Advisory Board, was reviewed and discussed. It was felt the ordinance was designed to address state regulations regarding mental health centers and to define the role of the advisory board and would clearly empower the advisory board to take an active part in center planning and program development as outlined in State regulations. The Presiding Officer opened the public hearing. James Wilson thought the ordinance was good in that it addressed many issues but felt additional advisory board grievance procedure duties and responsibilities should be defined. He referred to a letter from the Alaska Mental Health Board that spoke to addressing Regular Assembly Meeting January 23, 1992 KIBS10 Volume XIV Page 27 grievances and quality assurance. He strongly stated the grievance procedure in Kodiak did not work and asked the Assembly to consider wording in the ordinance providing an avenue for people to express complaints about an agency of the borough. Assemblymember Fitzjearl asked for a copy of the grievance procedure. Presiding Officer McFarland asked Mayor Selby where in the ordinance the Alaska Statute referring to grievance was located. Mayor Selby responded that Item G. of the ordinance specifically stated that the board had responsibility to provide oversight to assure that the Kodiak Island Mental Health Center completed all requirements of Chapter 71 of the Alaska Administrative Code. Assemblymember Monroe said there was not an effective procedure in the past and felt that complete procedures should be defined in the ordinance. Jim Carmichael, Mental Health Center Advisory Board member, supported the ordinance as written and did not support grievance procedure being defined. As a member of the Board, he requested postponement for further Advisory Board discussion. Richard Gaines, Mental Health Center Advisory Board member, felt it was a courtesy for the Advisory Board to review and discuss the issue of complaints. John Burt was of the opinion that more input from the public was helpful. Presiding Officer McFarland closed the public hearing and reconvened the regular meeting. STEVENS, moved to postpone seconded by FITZJEARL Ordinance No. 92 -01 and return for public hearing at February 6, 1992 regular meeting and ask that the Advisory Board make a firm recommendation to the Assembly on the grievance procedure. Assemblymember Gould disagreed with the recommended course of action because action was being asked of an advisory board the Assembly was creating. He felt the ordinance was written with a set direction for the board applicable with State law. Regular Assembly Meeting January 23, 1992 KIBS104621 Volume XIV Page 28 Assemblymember Stevens explained that he made the motion because Advisory Board input was important since they implemented policies set by the Assembly. Mayor Selby informed the Assembly that a meeting with the Board was set for the January 30th work session and felt the Borough attorney should be present during discussion of grievance. VOTE ON MOTION TO POSTPONE Ayes: Noes: Absent: MOTION CARRIED D. Ordinance No. 92 -02 Amending the Zoning Boundaries of the City of Kodiak Municipal Watershed by Amending the Legal Descriptions Contained in Ordinances No. 77 -26 -0 and No. 84 -35 -0 (Zoning map) Presented which, if municipal the legal contained Fitzjearl, Gould, Milligan, Monroe, Stevens, McFarland None Hancock Unanimous for consideration was Ordinance No. 92 -02 adopted, amended the City of Kodiak watershed area and boundaries, by revising description of the municipal watersheds in Ordinance No. 77 -26 -0 and 84 -25 -0. STEVENS, moved to adopt seconded by GOULD Ordinance No. 92 -02. Mayor Selby informed the Assembly that a survey was done and the ordinance more clearly defined the boundary lines of the watershed. The Presiding Officer called for public testimony. John Burt asked if the land was on the main road. Mayor Selby replied that it was on the upland side of the watershed that drained water for community use. The Presiding Officer closed the public hearing and reconvened the regular meeting. Regular Assembly Meeting January 23, 1992 KIBS10 ORDINANCE NO. 92 -02 Volume XIV Page 29 VOTE ON MOTION TO ADOPT Ayes: Gould, Milligan, Monroe, Stevens, Fitzjearl, McFarland Noes: None Absent: Hancock MOTION CARRIED Unanimous E. 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 for consideration 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, moved to adopt seconded by FITZJEARL Ordinance No. 92 -03. Mayor Selby explained that this was a correction of the boundaries and legal description of the watershed and granted the City administrative powers within the watershed. The Presiding Officer called for public testimony. Robin Heinrichs, Planning & Zoning Commissioner, said that when the Commission reviewed the case, there was considerable discussion about how to describe the areas to be included or not included and decided this ordinance was the clearest way. He also said there was potential conflict of leases and the answer to the problem was to draw a boundary around the leases. He reiterated that the description was of the area of real estate that drains into the set of reservoirs and was reviewed by a surveyor. The Presiding Officer closed the public hearing and et:. reconvened the regular meeting. aag. VOTE ON MOTION Ayes: Regular Assembly Meeting January 23, 1992 Milligan, Monroe, Stevens, Fitzjearl, Gould, McFarland KIBS104623 Volume XIV Page 30 Noes: None Absent: Hancock MOTION CARRIED Unanimous MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby spoke to the Exxon Valdez oil spill funds and recording long term projects to the trustees of the fund and to propose criteria recommendations. He announced that the staff of trustees would be present January 30, 1992 in the Assembly Chambers to work with the public. He reported on the public hearing regarding the IFQ issue and felt it was productive. Next week he would meet with Senator Zharoff and Representative Davidson in Juneau. OLD BUSINESS OLD BUSINESS The Presiding Officer recessed the regular meeting and convened the Board of Adjustment. A. Findings -of -Fact - BOARD OF ADJUSTMENT FINDINGS -OF -FACT BOARD OF An appeal of a portion of the Planning & Zoning ADJUSTMENT 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 Francicso and DeWitt Fields; Agent: A.D. Cristaldi) GOULD, seconded by FITZJEARL moved to adopt the findings -of -fact to uphold the decision of the Planning & Zoning Commission. As part of the motion, Assemblymember Gould read the findings -of -fact as follows: "1. The patent reservation on U.S. Survey 304 may have value to the adjoining land owners as a private property interest which should not be unilaterally vacated by the Planning and Zoning Commission; Regular Assembly Meeting Volume XIV January 23, 1992 KIBS104624 Page 31 2. The applicants should settle the potential legal issues relating to private property ownership interests raised by staff during this investigation of U.S. Survey 304 with the other interested parties before re- initiating this vacation request; 3. Accurate information about the physical proximity of the street to shoreline was not provided as specifically requested by the Planning and Zoning Commission during the last review of this request on April 17, 1991." VOTE ON MOTION Ayes: Noes; Absent: MOTION CARRIED MONROE, seconded by STEVENS Regular Assembly Meeting January 23, 1992 Monroe, Stevens, Fitzjearl, Gould, Milligan, McFarland None Hancock Unanimous The Presiding officer adjourned the Board of Adjustment and reconvened the regular meeting. NEW BUSINESS A. BID AWARDS 1. No. C91 -42 Main Elementary Roof Repair /Professional Services Contract Amendment. If approved, the amendment to C91 -32 would increase the total contract cost by a not to exceed amount of $55,104 for bidding services, construction services, full -time project inspection services and record documents production. moved to approve an amendment to the Main Elementary School Roof Repair Professional Services Contract number C91 -42 to increase the total contract cost by a not to exceed amount of $55,104 for bidding services, construction services, full -time project inspection KIBS104625 NEW BUSINESS BID AWARDS MAIN ELEMENTARY ROOF REPAIR Volume XIV Page 32 services and record documents productions. Mayor Selby said that Ray Camardella, Engineering/ Facilities Director, was in Seattle negotiating with original contractor and architect. He explained that the work would be done in the summer with school not in session. VOTE ON MOTION Ayes: VOTE ON MOTION TO ADOPT Ayes: Stevens, Fitzjearl, Gould, Milligan, Monroe, McFarland Noes: None Absent: Hancock MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 92 -02 Supporting the RESOLUTION Submission of a Grant Application to the NO. 92 -02 National Historical Publications and Records Commission. Presented for consideration was Resolution No. 92 -02 which, if adopted, accepted funds from the National Historical Publications and Records Commission to hire a microfilmer and buy microfilming supplies. STEVENS, moved to adopt seconded by MONROE Resolution No. 92 -02. Clerk Smith explained the grant would allow hiring of an employee for one year to microfilm Borough records for retention in the Borough records center and distribution to the State archives in Juneau. Also, the grant would cover microfilm supply costs. Fitzjearl, Gould, Milligan, Monroe, Stevens, McFarland Noes: None Absent: Hancock MOTION CARRIED Unanimous Regular Assembly Meeting KIBS104626 January 23, 1992 Volume XIV Page 33 C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS 1. Appointment of Woodland Acres Street Light Service Area Board. FITZJEARL, seconded by STEVENS VOTE ON MOTION Ayes: Noes: None Absent: Hancock MOTION CARRIED Unanimous moved to appoint Sharon Nault to the Woodland Acres Street Light Service Area Board for a term of three years. Gould, Milligan, Monroe, Stevens, Fitzjearl, McFarland ORDINANCES FOR INTRODUCTION OTHER ITEMS SERVICE BOARD APPOINTMENT INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Service District No. 1 Board meetings of October 8 and December 17, 1991. 2. Data Processing Steering Committee meetings of July 25 and September 19, 1991. B. REPORTS REPORTS 1 Community Development Department December 1991 Status Report. C. OTHER None. CITIZEN COMMENTS James Wilson addressed Ordinance No. 92 -01 by saying the grievance procedure did not exist and asked the Assembly to contemplate taking action to show people good faith and concern for them as citizens and their rights. Regular Assembly Meeting January 23, 1992 KIBS104627 OTHER CITIZEN COMMENTS Volume XIV Page 34 ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Gould congratulated Holli Boutwell. He expressed appreciation to the Mental Health Center Advisory Board and Mr. Wilson for the energy he puts into the mental health issue. Assemblymember Stevens reported that the Southwest Alaska Municipal Council felt the consideration of a second ocean going ferry was an important issue. He felt that Kodiak needed to support SWAMC so that when the ferry was built, it would be used in this area. Assemblymember Monroe appreciated the decision to postpone action on Ordinance No. 92 -01 because she felt the advisory board wanted to work as a stronger unit. Presiding Officer McFarland thanked James Wilson for his input on Ordinance No. 92 -01. He announced that three members of the Assembly would travel to Juneau to attend AML Legislative Committee January 28th through 31st. The Presiding Officer reported the Assembly would meet in a work session on January 30th at 7:30 p.m. in the Borough conference room and a regular meeting on February 6th at 7:30 p.m. in the assembly Chambers. There being no further business to come before the Assembly, the meeting adjourned at 8:58 p.m. ATTEST: 4 Donna F. Smith Borough Clerk • KIBS104628 Regular Assembly Meeting Volume XIV January 23, 1992 Page 35