1992-09-17 Regular Meetingabsent: FITZJEARL, seconded by MILLIGAN VOTE ON MOTION Regular Assembly Meeting September 17, 1992 KODIAR ISLAND BOROUGH Regular Assembly Meeting September 17, 1992 A regular meeting of the Kodiak Island Borough Assembly was held September 17, 1992 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:33 p.m. The invocation was given by Pastor Alan Ross of Interact Ministries, followed by the Pledge of Allegiance. There were present: ROLL CALL Jack McFarland, Presiding Betty Fitzjearl Suzanne Hancock Mike Milligan Mary Monroe Gordon Gould Gary Stevens comprising a quorum of the Assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Donna Smith, Borough Clerk Assemblymember Gould was vacationing out -of -town and asked to be excused. Assemblymember Stevens was out - of -town and asked to be excused. moved to excuse Assemblymember Gould and Assemblymember Stevens. MOTION CARRIED Unanimous voice vote APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF AGENDA AND j MONROE, moved to approve CONSENT AGENDA seconded by FITZJEARL agenda and consent 1 agenda. Clerk Smith read the items for consideration under "Consent Agenda ". KIBS104843 REGULAR MEETING Volume XV Page 242 VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Fitzjearl, Hancock, Milligan, Monroe, McFarland None Gould, Stevens Unanimous Mayor Selby presented the Southwest Alaska Municipal Conference "Commit to Conserve" award to Maggie Tuck for her recycling efforts. Ms. Tuck accepted the award and explained that printing the Home Port Kodiak newspaper on recycled paper saved seven trees a month. She urged everyone to recycle paper and practice energy and resource conservation. Mayor Selby proclaimed September 17 - 23, 1992, "Constitution Week ". He said the proclamation was displayed in the City of Kodiak Library. CITIZEN COMMENTS A. Agenda Items Not Scheduled For Public Hearing Don Fields, long -time Borough employee, spoke to the Kodiak Island Hospital and the Mental Health Center Request for Proposal (RFP). He voiced objection to including the Mental Health Center in the RFP. He felt that during the past few months a conclusion was drawn and direction taken that needed to bear fruit. He suggested that a management company added one more layer of insulation between people making decisions and those receiving services. He would like to see changes that would come about with a new director at the Mental Health Center. A, >.. A >n xn Island Hospital Advisory Board member, supported the RFP for management or lease of the Kodiak Island Hospital. He indicated that the Board opposed combining the Mental Health Center under one management or leasing entity. He added that the Board felt that the lease concept was not Regular Assembly Meeting September 17, 1992 KIBS104844 APPROVAL OF MINUTES AWARDS AND PRESENTATIONS COMMIT TO CONSERVE AWARD PROCLAMATION CITIZEN COMMENTS Volume XV Page 243 favorable because of the loss of the personal touch but to get a better look at the cost of leasing versus management, it should be included in the RFP. As a citizen, Alan Austerman charged the Assembly with providing good health services economically. He personally felt that, in the long run, it was most economical to combine health services under one operation. Ken Kimmel favored the RFP exploring all available options and encouraged separation of the Kodiak Island Hospital and the Mental Health Center in the RFP. He favored on Island management of the hospital so monies would stayed in Kodiak. He encouraged formation of a task force to obtain public input. B. Items Other Than Those Appearing on the Agenda Ken Kimmel referred to the hurricane damage in Florida and Hawaii and the desperate need of the Red Cross for financial support. He added that on the local level, there were mud slides and house fires. He encouraged the Assembly and citizens to look into their pocketbooks as Kodiak faced the same situation with another tsunami. COMMITTEE REPORTS Robin Heinrichs, Planning and Zoning Commissioner, reported on traveling to the south end of the Island for on -site visits of property with the potential for rezone to rural development. He appreciated the efforts of the Community Development Department staff for arranging the trip and Bruce Barrett and Linda Freed for their expertise. Assemblymember Milligan reported on the Cook Inlet Regional Advisory Council meeting he attended in Kenai. He said the Council and oil industry were re- evaluating old data. Assemblymember Monroe attended the September 16, 1992 Mental Health Center Advisory Board meeting. She said the Board recommended that mental health services be excluded from the Kodiak Island Hospital and Mental Health Center RFP. Assemblymember McFarland said the recent Southwest Alaska Municipal Conference was fruitful in that concerns of other communities were shared regarding waste disposal, recycling, IFQ, fisheries, boats and Regular Assembly Meeting September 17, 1992 KIBS104845 COMMITTEE REPORTS Volume XV Page 244 harbors, and schools. He added that a united front was presented with the adoption of several resolutions. After calling a ten minute recess at 8:12 p.m., 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 made available to the public. A. Ordinance No. 92 -13 Creating Additional Zoning ORDINANCE Districts: RNC -Rural Neighborhood Commercial, NO. 92 -13 UNC -Urban Neighborhood Commercial, RB- Retail Business, and LI -Light Industrial and Amending Title 17 of the Kodiak Island Borough Code. Presented for consideration was Ordinance No. 92 -13 which, if adopted, created four new zoning districts. The motion to adopt Ordinance No. 92 -13 was before the Assembly. Mayor Selby deferred to Linda Freed, Community Development Director, for the staff report. Director Freed provided background on the writing of the ordinance. She reiterated the Assembly's direction to create new zoning districts. She emphasized there was no intention to delete or change current zoning and that rezones were ultimately decided on by the Assembly; the Planning and Zoning Commission was only advisory. The liability issue of the Borough being the permitting authority was discussed. It was the Borough attorney's opinion that there was none. It was pointed out that in light industrial zoning the airport was a condition use and all airport - related uses were permitted uses. Presiding Officer McFarland opened the public hearing. Wally - nscn City of Kodiak Maynr _ was adamant that the airport remain a permitted use. He said conditional use was restrictive. Regular Assembly Meeting September 17, 1992 KIBS104846 Volume XV Page 245 The following people spoke in objection to a conditional use rezone of the airport: Ed Randolph Knox Cristie Stosh Anderson Tom Merriman Joel Wattum Bill Beatty, Civil Air Patrol Commander Robin Heinrichs, Planning and Zoning Commissioner, reported on the Commission's stand that conditional use allowed closer scrutiny of the property. He said fire stations, correctional institutions, junk /salvage yards, hospitals and group homes were conditional uses as they were potentially more disruptive and caused a greater impact than permitted uses. General discussion ensued and it was understood that conditional use allowed expansion of airport facilities. Ed Randolph reaffirmed his opinion that permitted use allowed the least restrictive use of the airport and was in the best interest of the community. He was determined that local government not restrict an area that was used for 40 -50 years. He suggested stating that the airport was a non - restriction airport. After more discussion, Mr. Heinrichs explained that conditional use was within the guidelines of the comprehensive plan. He discussed with Assemblymember Fitzjearl the exclusion of the Kodiak Municipal Airport from the Code. He reiterated that the airport did not fit in with the area plan adopted by the Assembly Knox Christie contended that the airport was valuable to the community. Wally Johnson suggested that amendments to the ordinance were in order. Presiding Officer McFarland closed the public hearing and reconvened the regular meeting. Presiding Officer McFarland cautioned the Assembly of the global responsibility for potential new airports and to allow scrutiny for that type of development. Regular Assembly Meeting September 17, 1992 KIBS104847 Volume XV Page 246 FITZJEARL, seconded by MILLIGAN VOTE ON MOTION TO AMEND Ayes: moved to amend Ordinance No. 92 -13 by adding under 17.27.020 J the following: "Kodiak City Municipal Airport (landing strip and Lilly Lake float plane access), until adequate replacement facilities are established" and under 17.27.040 A add the word "new" before the word "airport ". Milligan, Monroe, Fitzjearl, Hancock, McFarland Noes: None Absent: Gould, Stevens MOTION CARRIED Unanimous FITZJEARL, moved to amend seconded by MILLIGAN Ordinance No. 92 -13 by adding Section 7 to read: "Kodiak Island Borough Code 17.24.010 GG is deleted ". VOTE ON MOTION TO AMEND Ayes: Monroe, Fitzjearl, Hancock, Milligan, McFarland Noes: None Absent: Gould, Stevens MOTION CARRIED Unanimous Assemblymember Hancock appreciated the efforts of the Commission but felt that adding additional zoning districts caused unnecessary debate and confusion. Assemblymember Milligan contended that the new zoning allowed specific tailoring of community needs in commercial and business districts. Regular Assembly Meeting September 17, 1992 KIBS104848 Volume XV Page 247 Assemblymember Monroe felt the new zoning allowed property owners more choice. At Assemblymember Fitzjearl's question regarding zoning changes as areas developed, Director Freed stated zoning was not changed without action by the Assembly and a person could only initiate a rezone if their property was involved. The Assembly reviewed points presented by the Planning and Zoning Commission and public comments. Mayor Selby felt the ordinance allowed adequate protection for property owners and added that the intention of the new zoning was to increase flexibility, not create additional restrictions. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Milligan, Monroe, Fitzjearl, McFarland Noes: Hancock Absent: Gould, Stevens MOTION CARRIED 4 Ayes, 1 No After a five minute recess at 9:50 p.m., Presiding Officer McFarland reconvened the regular meeting. B. Ordinance No. 92 -14 Rezoning Lots 4 Through 19 ORDINANCE and Lot 22, Block 3, Lakeside Subdivision From NO. 92 -14 I- Industrial To LI -Light Industrial and Rezoning Lot 10, Block 3, Lakeside Subdivision From PL- Public Use Land To NU- Natural Use Land. (Vicinity of Von Scheele Way, Selief Lane, and Beaver Lake Loop) Presented for consideration was Ordinance No. 92 -14 which, if adopted, rezoned a total of eight lots in Lakeside Subdivision. The motion to adopt Ordinance No. 92 -14 was before the Assembly. rnmm..nit., nn[.clnnmont nirortnr Froorl rannrto/i thAt the Planning and Zoning Commission recommended the rezone as it was consistent with the Lakeside Subdivision /Safeway -Sub Area Plan and was the most appropriate. Regular Assembly Meeting September 17, 1992 KIBS104849 Volume XV Page 248 Presiding Officer McFarland called for public testimony; seeing and hearing none, he reconvened the regular meeting. General discussion transpired encompassing industrial zoning on Near Island and the Commission's consideration to zone Lakeside Subdivision retail business. Assemblymember Fitzjearl was of the opinion that light industrial zoning was limiting. Assemblymember Milligan felt that although the area was clearly residential, the best use was urban commercial. MILLIGAN, seconded by FITZJEARL VOTE ON MOTION TO AMEND Noes: Absent: MOTION FAILED MCFARLAND, seconded by MILLIGAN Regular Assembly Meeting September 17, 1992 moved to amend Ordinance No. 92 -14 to zone Urban Neighborhood Commercial. Assemblymember Fitzjearl stressed the need for medium and high density housing. She made a motion to amend the amendment to reflect retail business in lieu of urban neighborhood commercial, but there was no second. Presiding Officer McFarland appreciated Assemblymember Fitzjearl's amendment and expressed concern at allowing crab pot movement through school zones and residential areas. Ayes: Milligan, Fitzjearl, McFarland Hancock, Monroe Gould, Stevens 3 Ayes, 2 Noes Presiding Officer McFarland passed the gavel to Assemblymember Monroe. moved to amend Ordinance No. 92 -14 to rezone Lots 4 through 9 and 11 and Lot 22, Block 3, Lakeside Subdivision from I -- Industrial to RS-- Retail Business and KIBS104850 Volume XV Page 249 rezone Lot 10, Block 3, Lakeside Subdivision from PL-- Public Use Land to NU-- Natural Use Land. Assemblymember Hancock was of the opinion that light industrial zoning created half the traffic of retail business zoning, and crab pot storage was allowed as a conditional use. Much discussion ensued regarding light industrial zoning versus retail business zoning and traffic problems associated with crab pot transportation. VOTE ON MOTION TO AMEND Ayes: Milligan, McFarland, Fitzjearl, Noes: Hancock, Monroe Absent: Gould, Stevens MOTION FAILED 3 Ayes, 2 Noes MCFARLAND, moved to postpone seconded by FITZJEARL Ordinance No. 92 -14 to next regular meeting. VOTE ON MOTION TO POSTPONE Ayes: McFarland, Fitzjearl, Milligan, Monroe Noes: Hancock Absent: Gould, Stevens MOTION CARRIED 4 Ayes, 1 No Acting Presiding Officer Monroe passed the gavel back to Presiding Officer McFarland. MESSAGES FROM MESSAGES FROM THE BOROUGH MAYOR MAYOR Mavnr Salhv attandad Rnnthwaat Alaska Munir.inal Conference meetings where critical budget needs of the Department of Fish and Game to replace decommissioned equipment were discussed. He said replacement equipment was essential to the management of the resource. Regular Assembly Meeting September 17, 1992 KIBS104851 Volume XV Page 250 He congratulated Rick Knecht and John French, who were nominated as part of the public advisory group for the Exxon Valdez Trustee Council, and looked forward to working with them. He said many Kodiak projects were still under consideration for funding, including pink salmon rehabilitation. With regard to the IFQ effort, Mayor Selby said he participated in a teleconference that garnered unanimous statewide support of the conservation management proposal. He said the inshore /offshore argument was presented to the judge and awaited the court's ruling. He appreciated community input at meetings with National Weather Service personnel. He depicted the community's firm stand that there was a critical need for a weather station in Kodiak to provide accurate weather information to the fishing fleet. He announced the selection process was complete for the position of the new Mental Health Center Director and awaited concurrence of the Assembly. He reported that the Peterson Elementary School transfer was nearing completion. He said three contract changes were sent from the Department of Education dealing with indemnification of liability. He anticipated the Borough would take liability responsibility on the date of transfer. He announced the Department of Transportation forum scheduled for September 22, 1992 in the auditorium to discuss the new ferry and invited the public to attend to comment. He said the proposal for General Metals to collect scrap metal was near completion. He anticipated a joint effort with the Coast Guard and members of the community, with an anticipated collection time of April through June of 1993. He received a letter of encouragement from Governor Hickel's office regarding hospital funding in which the Director of the Office of Management and Budget was directed to help determine alternate funding. He noted that hospital audit information provided funding options ranging from grants to revenue bonds. OLD BUSINESS None KIBS104852 OLD BUSINESS Regular Assembly Meeting Volume xV September 17, 1992 Page 25 NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS None B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 92 -41 Accepting the Deed RESOLUTION Transferring Peterson Elementary School to NO. 92 -41 the Kodiak Island Borough. If adopted, Resolution No. 92 -41 accepted from the United States Government the title to Peterson Elementary School and $3.7 million toward renovation and upgrade of the facility. MONROE, moved to adopt seconded by FITZJEARL Resolution No. 92 -41. Mayor Selby said that along with title to the property came $3.7 million for renovation and asbestos removal to bring the school to the same standards as other schools. General discussion ensued regarding the Borough attorney's opinion on liability, and Mayor Selby informed the Assembly that Borough liability on the property commenced at the date of transfer. FITZJEARL, seconded by MONROE VOTE ON MOTION TO AMEND Ayes: Noes: Absent: MOTION CARRIED Regular Assembly Meeting September 17, 1992 moved to amend Resolution No. 92 -41 number four, Section #4 by adding the words: "subject to Kodiak Island Borough attorney's approval of the quit claim deed language ". Hancock, Milligan, Monroe, Fitzjearl, McFarland Mnnn Gould, Stevens Unanimous KIBS104853 Volume XV Page 252 VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Fitzjearl, Hancock, Milligan, Monroe, McFarland Noes: None Absent: Gould, Stevens MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS 1. Resignation of Planning and Zoning P & Z Commissioner. RESIGNATION A letter of resignation was received from Bill Matzelle. MONROE, seconded by FITZJEARL VOTE ON MOTION moved to accept, with regret, the resignation of Bill Matzelle from the Planning and Zoning Commission. MOTION CARRIED Unanimous voice vote 2. Appointment of Election Workers for 1992 Municipal Election. Approval was requested for those who consented to serve as election workers for the October 6, 1992 Municipal Election. This item was approved under "Consent Agenda ". 3. Service District No. 2 Board Member Appointment. An advisory board application was submitted by Jon Hartt to serve on the Service District No. 2 Board. FITZJEARL, seconded by MONROE Regular Assembly Meeting September 17, 1992 moved to appoint Jon Hartt to the Service District No. 2 Board. KIBS104854 ORDINANCES FOR INTRODUCTION OTHER ITEMS APPOINTMENT OF ELECTION WORKERS SERVICE DISTRICT NO. 2 BOARD APPOINTMENT Volume XV Page 253 VOTE ON MOTION MOTION CARRIED Unanimous voice vote 4. Request for Proposal To Operate Kodiak REQUEST FOR Island Hospital and Kodiak Island Borough PROPOSAL Mental Health Center. The Kodiak Island Hospital management contract with Lutheran Health Systems Management Company expires May 2, 1993. MILLIGAN, seconded by MONROE FITZJEARL, seconded by MONROE Regular Assembly Meeting September 17, 1992 moved to authorize release of the Request for Proposal for Management of the Kodiak Island Hospital and Mental Health Center. moved to amend the Request for Proposal to include the Kodiak Island Hospital and exclude the Mental Health Center. Assemblymember Fitzjearl reported meetings with the Hospital Advisory Board, Mental Health Center Advisory Board and members of the community where discussion established that the RFP should not include the Mental Health Center. Assemblymember Hancock opposed the amendment as it was an opportune time to put forward an RFP including both entities. Assemblymember Monroe favored removing the Mental Health Center from the RFP. VOTE ON MOTION TO AMEND Ayes: Milligan, Monroe, Fitzjearl, McFarland Noes: Hancock Absent: Gould, Stevens MOTION CARRIED 4 Ayes, 1 No KIBS104855 Volume XV Page 254 VOTE ON MOTION AS AMENDED Ayes: Monroe, Fitzjearl, Milligan, McFarland Noes: Hancock Absent: Gould, Stevens MOTION CARRIED 4 Ayes, 1 No INFORMATIONAL MATERIALS (No action required) INFORMATIONAL MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Kodiak Island Hospital Advisory Board Meetings of June 10 and July 22, 1992. 2. Parks & Recreation Committee Meeting of July 28, 1992. 3. KIBSD Meeting of August 24, 1992. B. REPORTS REPORTS 1. KIS August 1992 Financial Report. C. OTHER OTHER None. CITIZEN COMMENTS CITIZEN COMMENTS None. ASSEMSLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Hancock felt that diversity of opinion made government work. Assemblymember Monroe supported the progress of the reorganization of the Mental Health Center. Assemblymember Fitzjearl appreciated participation of Linda Freed and Steven Hobgood, Engineering Facilities Director, at the Womens Bay Service District meeting where they answered questions. _.land agreed with of th separation Presiding Officer iiCi ai ica.... agreed '�.. ,.•• .... ______. the hospital and mental health because meshing the two at this time caused complications as the Mental Health Center was moving ahead in .a positive fashion. He anticipated many staff hours spent to determine funding for the new hospital. Regular Assembly Meeting September 17, 1992 KIBS104856 Volume XV Page 255 Presiding Officer McFarland announced the Assembly would meet in a special meeting and work session on September 24th at 7:30 p.m. in the Borough conference room and regular meeting on October 1st at 7:30 p.m. in the Assembly Chambers. There being no further business to come before the Assembly, the meeting adjourned at 11:17 p.m. ATTEST: Q rough Clerk Regular Assembly Meeting September 17, 1992 KIBS104857 ADJOURNMENT Volume XV Page 256