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1994-11-03 Regular MeetingMONROE, seconded by MILLIGAN MILLIGAN, seconded by MONROE Noes: None KODIAK ISLAND BOROUGH Regular Assembly Meeting November 3, 1994 A regular meeting of the Kodiak Island Borough Assembly was held November 3, 1994 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 Pastor Riley Hunter of the Church of the Nazarene, followed by the Pledge of Allegiance. There were present: ROLL CALL Jack McFarland, Presiding John Burt Suzanne Hancock Mike Milligan Mary Monroe Gary Stevens Alan Austerman (arrived 7:40 p.m.) comprising a quorum of the Assembly; and Pat Carlson, Acting Mayor Donna Smith CMC, Clerk Judi Nielsen, Deputy Clerk Bob Scholze, Associate Planner /LRP APPROVAL OF AGENDA AND CONSENT AGENDA Clerk Smith read the items for consideration under "Consent Agenda ". VOTE ON MOTION TO AMEND Ayes: Burt, Hancock, Milligan, Monroe, Stevens, McFarland Absent: Austerman moved to approve the agenda and consent agenda. moved to amend the agenda by adding Resolution No. 94 -29A as item 15 under New Business, Resolutions. REGULAR MEETING APPROVAL OF AGENDA AND CONSENT AGENDA Regular Assembly Meeting Volume XIX November 3, 1994 Page 91 MOTION CARRIED Ayes: None Unanimous VOTE ON MOTION TO APPROVE AS AMENDED Hancock, Milligan, Monroe, Stevens, Burt, McFarland Noes: Absent: Austerman MOTION CARRIED Unanimous APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of September 20, 1994. This item was approved under "Consent Agenda ". AWARDS AND PRESENTATIONS A. Employee of the Month Acting Mayor Pat Carlson presented the Employee of the Month Award to Kristine Wisher, secretary III at the Mental Health Center. Assemblymember Austerman arrived at 7:40 p.m. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing Marva Nault, Pearson Cove /Mission Road Community Association spokesperson, spoke to Ordinance No. 94 -25. She said the City Council voted unanimously to request rezone of the Pearson Cove property to natural use and to request a conditional use permit to allow development of a park. She distributed a copy of a seven page petition that was submitted to the City Council that contained 70 signatures of residents who supported the request. She urged the Assembly to advance the ordinance to public hearing. Andre Nault nave an in -death overview of the history of the Pearson Cove property. He said there were a series of industrial proposals over the last 20 years that were not approved. He said the 1978 Kodiak Island Borough Comprehensive Parks and Recreation Plan intended the Pearson Cove area for a marine park and walking trails. He felt all necessary ground- Regular Assembly Meeting November 3, 1994 APPROVAL OF MINUTES AWARDS AND PRESENTATIONS EMPLOYEE OF THE MONTH CITIZENS' COMMENTS Volume XIX Page 92 n 7 work was complete and the only additional need was to rezone the property. At Assemblymember Steven's inquiry, Mr. Nault said residents in the area were concerned when Dan Ogg, owner of Parcel P -19, submitted a proposal to the Corps -of- Engineers to permit industrial development in the area. He knew the rezone did not affect Parcel P -19. Chris Berns supported Resolution No. 94 -37 and Resolution No. 94 -38. He felt the Borough's contribution of $15,000 toward funding the lawsuit would bring community concerns about halibut and sablefish IFQ's to the forefront. He said banks would not loan funds on IFQ's because they were not considered collateral so only those with large cash reserves would be able to be involved in the fishery. Assemblymember Milligan thanked Mr. Berns for his comments and hoped the community understood how much fishermen contributed to the community. Rick Berns, Old Harbor resident, urged the Assembly to adopt Resolutions No. 94 -37 and No. 94 -38 and financial support of the IFQ lawsuit. He felt small boats in rural communities contributed to the economy and IFQ's would eliminate small boats. Woody Koninq informed the Assembly that Elaine Griffin, Chiniak School teacher, was the Alaska State Teacher of the Year. He congratulated Ms. Griffin and commended the dedicated staff at Chiniak School. He thanked the Assembly for their support. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS Woody Koninq, Architectural Review Board member, reported that the Board met with the Fire Protection Area No. 1 Board to consider plans for the Bayside Fire Hall addition. He said ARB concerns that an architect was not hired for the project were allayed by the talent of those invnlveA in the const---*ion and the fact that the ARB had � registered engineers. He said the Fire Protection No. 1 Board was striving to construct the best building for the money. In response to Assemblymember Austerman, Mr. Koning stated that because building specifications were not provided, the ARB suggested revising existing Regular Assembly Meeting November 3, 1994 Volume XIX Page 93 Regular Assembly Meeting November 3, 1994 PUBLIC HEARING None. MESSAGES FROM THE BOROUGH MAYOR building specifications to accommodate the project. He was confident of a successful project. Assemblymember Milligan, Mental Health Center Advisory Board representative, announced that Patrick Aloia and Leonard Abel of the State of Alaska Department of Health and Social Services, Division of Mental Health and Developmental Disabilities, were in Kodiak. He said they were pleased with the outcome of the controversy at the Mental Health Center, the privatization of Hope Cottages and the way grants were serviced in Kodiak. He said Mr. Aloia and Mr. Abel indicated that the mental health center picture statewide was not favorable but Kodiak was in a good position to weather cutbacks. As a member of the Economic Development Committee, he reported that Executive Director Roger Morris met with representatives from the Kodiak Chamber of Commerce, Kodiak Salmon Work Group and Kodiak Electric Association. He said he conveyed the Assembly's feeling that primary concentration on tourism was not necessary. He said there was a meeting scheduled at the Westmark and encouraged the public to attend. Acting Mayor Carlson reported that Mayor Selby had a fruitful trip to Washington D.C. and was currently in Anchorage working on the Shuyak Island land sale. He anticipated a substantial report from Mayor Selby at the next assembly meeting. He added that Mayor Selby requested that Ordinance No. 94 -23 be postponed to the December 1, 1994 regular meeting. P bed for e idera4i.. w a s QrAi Nn 94 -23 that, if adopted, property in accordance with the Shuyak Island Comprehensive Plan to preserve habitat and natural diversity, and protect and preserve recreational opportunities. The motion to adopt Ordinance No. 94 -23 was before the Assembly. PUBLIC HEART" MESSAGES FROM MAYOR OLD BUSINESS OLD BUSINESS A. Ordinance No. 94 -23 Rezoning All Borough and ORDINANCE State Owned Land on Shuyak Island From C -- NO. 94 -2) Conservation To NU -- Natural Use Lands. ..-v xtx Pi a. 94 AUSTERMAN, moved to postpone seconded by MILLIGAN Ordinance No. 94 -23 to the December 1, 1994 regular meeting. Acting Mayor Carlson explained that additional time and information from Mayor Selby was needed. VOTE ON MOTION TO POSTPONE Ayes: Noes: MOTION CARRIED NEW BUSINESS HANCOCK, STEVENS, Assemblymember McFarland declined. MILLIGAN, seconded by BURT VOTE ON MOTION MOTION CARRIED Regular Assembly Meeting November 3, 1994 Milligan, Monroe, Stevens, Austerman, Burt, Hancock, McFarland None Unanimous A. Reorganization of the Kodiak Island Borough Assembly. Election of presiding officer and deputy presiding officer. Nominations for presiding officer were opened. nominated Assemblymember Monroe as presiding officer of the Kodiak Island Borough Assembly. nominated Assemblymember McFarland as presiding officer of the Kodiak Island Borough Assembly. moved that nominations for presiding officer be closed. Unanimous Assemblymember Monroe was elected to presiding officer by unanimous consent. NEW BUSINESS REORGANIZATION OF ASSEMBLY ELECTION OF PRESIDING OFFICER Volume XIX Page 95 Nominations for deputy presiding officer were opened. MONROE, HANCOCK seconded by MONROE VOTE ON MOTION MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT Aye:: Noes: MOTION CARRIED Regular Assembly Meeting November 3, 1994 None Unanimous 1 nominated ELECTION OF Assemblymember Milligan DEPUTY PRESIDING as deputy presiding OFFICER officer of the Assembly. moved that nominations for deputy presiding officer be closed. Assemblymember Milligan was elected to deputy presiding officer by unanimous consent. Assemblymember Milligan appreciated Assemblymember McFarland's broad -based experience in the fishing industry and thanked him for serving as presiding officer for the past four years. B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 94 -36 Confirming the 1994 RESOLUTION Kodiak Island Borough and Member NO. 94 -36 Municipalities Population. Presented for consideration was Resolution No. 94 -36 that, if adopted, confirmed 1994 population estimates to be submitted to the Alaska Department of Community and Regional Affairs for use in calculating state revenue sharing payments. McFARLAND, moved to adopt seconded by MILLIGAN Resolution No. 94 -36. Acting Mayor Carlson stated the certification was required for the Borough to be eligible for municipal assistance revenue sharing. He said the population figure increased slightly over last year. MnFarlanA Ct a l7anc Austerman, Burt, Hancock, Milligan, Monroe, Volume XIX Page 96 McFARLAND, seconded by Clerk Smith candidates, Board. Ayes: Noes: Regular Assembly Meeting November 3, 1994 S 1 1 2. Resolution No. 94 -35A Amending Resolution RESOLUTION No. 94 -35 Ratifying and Certifying the NO. 94 -35A Results of the Municipal Election Held October 4, 1994. Presented for consideration was Resolution No. 94 -35A that, if adopted, amended Resolution No. 94 -35 ratifying and certifying results in the Monashka Bay Road Service area by reflecting that Julie Wisher accepted the position on the Board. VOTE ON MOTION TO ADOPT moved to adopt AUSTERMAN Resolution No. 94 -35A. explained that, of the write -in Julie Wisher accepted the position on the None MOTION CARRIED Unanimous Austerman, Burt, Hancock, Milligan, McFarland, Stevens, Monroe 3. Resolution No. 94 -37 Urging the Alaska Municipal League and All Communities to Support the Lawsuit Against Individual Fishing Quotas. Presented for consideration was Resolution No. 93 -48 that, if adopted, urged the Alaska Municipal League, concerned communities, and individuals to financially support the lawsuit against individual fishing quotas (IFQs). MILLIGAN, moved to adopt seconded by BURT Resolution No. 94 -37. Acting Mayor Carlson explained that representatives from the Alliance Against IFQs requested support. Assemblymember Milligan understood that a similar resolution was drafted for the Southwest Alaska Municipal League (SWAMC). He felt it was important for the community to be involved and understand consequences. Assemblymember McFarland contended that it was a national concern. RESOLUTION NO. 94 -37 Volume XIX Page 97 Assemblymember Austerman felt it was important for the Borough to take a leadership role. Assemblymember Burt was glad to see the Borough support the effort. VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous Burt, Hancock, Milligan, McFarland, Stevens, Austerman, Monroe 4. Resolution No. 94 -38 Urging the Southwest RESOLUTION Alaska Municipal Conference and all NO. 94 -38 Communities to Support the Lawsuit Against Individual Fishing Quotas. Presented for consideration was Resolution No. 94 -38 that, if adopted, urged the Southwest Alaska Municipal Conference, concerned communities, and individuals to financially support the lawsuit against Individual Fishing Quotas. MILLIGAN, moved to adopt seconded by BURT Resolution No. 94 -38. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Hancock, Milligan, McFarland, Stevens, Austerman, Burt, Monroe Noes: None MOTION CARRIED Unanimous 5. Resolution No. 94 -29A Amending Resolution RESOLUTION No. 94 -29 Adopting an Alternative NO. 94 -29A Allocation Method for the Fiscal Year 1995 Shared_ Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Kodiak Island Borough. Regular Assembly Meeting November 3, 1994 Volume XIX Page 98 Presented for consideration was Resolution No. 94 -29A that, if adopted, amended Resolution No. 94 -29A to reflect 1993 as the correct calendar year. MILLIGAN, moved to adopt seconded by AUSTERMAN Resolution No. 94 -29A. Acting Mayor Carlson explained that the resolution corrected the calendar year from 1994 to 1993. Assemblymember Stevens considered the resolution a housekeeping measure. VOTE ON MOTION Ayes: Noes: None MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION Milligan, McFarland, Stevens, Austerman, Burt, Hancock, Monroe *1. Ordinance No. 94 -24 Revising Kodiak Island Borough Code 17.21 B -- Business District to Permit Single Family and Two Family Residential Units in the Zoning District Under Specific Conditions. Presented for consideration was Ordinance No. 94 -24 that, if adopted, rezoned property to provide for single family and two family dwelling units as a permitted use in the business district zoning. This item was advanced to public hearing on November 22, 1994 under "Consent Agenda ". 2. Ordinance No. 94 -25 Rezoning All City -owned Uplands and Tidelands in Pearson Cove 12 NU -- Natural Use Land. Presented for consideration was Ordinance No. 94 -25 that, if adopted, rezoned Pearson Cove property to allow the City of Kodiak to accomplish its long stated goal of developing a public. park, MILLIGAN, seconded by McFARLAND Regular Assembly Meeting November 3, 1994 moved to advance Ordinance No. 94 -25 to public hearing on November 22, 1994. ORDINANCES FOR INTRODUCTION ORDINANCE NO. 94 -24 ORDINANCE NO. 94 -25 Vol..me XIX Page 99 Acting Mayor Carlson deferred to Bob Scholze, associate planner /LRP. At questions raised by Assemblymember Austerman, Mr. Scholze referred to a map in the chambers that clarified areas included in the rezone. He said there was disparity where boundaries of the zoning district did not match boundaries of the tideland tract. There was general Assembly discussion on the uses allowed in natural use zoning. Assemblymember Austerman received information from Dan Ogg and proposed an amendment to the ordinance. AUSTERMAN, seconded by BURT Assemblymember Austerman stated that Mr. Ogg requested that the Borough attorney review the language in the ordinance. Assemblymember Milligan felt the amendment should be discussed during public hearing. He was concerned that precluding property owners from using their property as they wished was a liability to the Borough. Aaaemhl vmemhera Riirt and Hanrnrk anraad to the nPPd for an opinion from the Borough attorney. Assemblymember Stevens felt the amendment was appropriate. Assemblymember McFarland agreed but felt an attorney's opinion was relevant. Regular Assembly Meeting November 3, 1994 moved to add as a whereas the words: "because of the heightened interest in the use of the lands in the Pearson Cove area and for the purpose of clarifying and emphasizing to those interested in those uses, it is the intent of this rezone of the City of Kodiak owned property in Pearson Cove to affect those plans solely and to have no affect or impact on any adjacent privately owned lands ". Volume XIX Page 100 Assemblymember Austerman favored withdrawing his motion with the concurrence of the second. After a ten minute recess at 8:56 p.m., Presiding Officer Monroe reconvened the regular meeting. When Presiding Officer Monroe asked if there was an objection to the maker of the motion withdrawing the motion, Assemblymember Stevens responded affirmatively. He felt a motion to withdraw the motion to amend was in order. HANCOCK, moved to withdraw the seconded by MILLIGAN motion to amend. VOTE ON MOTION TO WITHDRAW Ayes: McFarland, Stevens, Austerman, Burt, Hancock,Milligan, Monroe Noes: None MOTION CARRIED Unanimous VOTE ON MOTION TO ADVANCE Ayes: Stevens, Austerman, Burt, Hancock, Milligan, McFarland, Monroe Noes: None MOTION CARRIED Unanimous D. OTHER ITEMS OTHER ITEMS 1. Request for $15,000 for Individual Fishing Quota Lawsuit. McFARLAND, seconded by MILLIGAN McFARLAND, seconded by MILLIGAN Regular Assembly Meeting November 3, 1994 moved to approve $15,000 contribution to the lawsuit against IFQs. Assemblymember Hancock felt it was important to clarify that the Borough was not a party to the lawsuit but mearly contributing to the defense fund. moved to amend by replacing the word: "lawsuit" with the REQUEST FOR $15,000 FOR IFQ LAWSUIT Volume XIX Page 101 Noes: MOTION CARRIED VOTE ON MOTION TO APPROVE AS AMENDED Ayes: Noes: MOTION CARRIED Unanimous MILLIGAN, seconded by McFARLAND VOTE ON MOTION TO APPROVE Ayes: : Noes: MOTION CARRIED Regular Assembly Meeting November 3, 1994 •:� 1 6 words: "Alliance Against IFQ's Legal Defense Fund ". Assemblymember McFarland defined his motion in that it addressed Assemblymember Hancock's concerns. VOTE ON MOTION TO AMEND Ayes: Austerman, Burt, Hancock, Milligan, McFarland, Stevens, Monroe None Unanimous Burt, Hancock, Milligan, McFarland, Stevens, Austerman, Monroe None 2. Bayside Fire Hall Addition Conceptual and 95% Drawings. moved to approve the Bayside Fire Hall Addition Conceptual and 95% Drawings. Acting Mayor Carlson said the drawings were reviewed and approved by the Architectural Review Board. Assemblymember McFarland appreciated the Board's position and comments. He felt it was important that the building be built to Borough standards. Hancock Milligan, McFarland, Stevens, Austerman, Burt, Monroe None Unanimous BAYSIDE FIRE HALL ADDITION & 95% DRAWINGS VACATION Volume XIX Page 102 7 7 3. Vacation of a Platted Ten -Foot Greenbelt Located Along the North West Property Line of Lot 1, Lakeside Subdivision, 2nd Addition. (2521 Selief Lane) AUSTERMAN, seconded by MILLIGAN moved to approve the vacation of a platted ten -foot greenbelt located along the northwest property line of Lot 1, Lakeside Subdivision, 2nd Addition at 2521 Selief Lane. Acting Mayor Carlson understood the property was comprised primarily of a rock cliff. Assemblymember McFarland felt it was apparent that the property was no longer a greenbelt and would not be needed as a greenbelt in the future. VOTE ON MOTION TO APPROVE Ayes: Noes: None MOTION CARRIED Unanimous MILLIGAN, seconded by McFARLAND Regular Assembly Meeting November 3, 1994 Milligan, McFarland, Stevens, Austerman, Burt, Hancock, Monroe moved to approve the vacation of a portion of a twenty -foot utility easement centered between proposed Tract D- 1A -4A, U.S. Survey 1678 and proposed Lot 10A, Block 1, Monashka Bay Alaska Subdivision between 2563 Three Sisters Way and 1902 Monashka Circle. VACATION ON SELIEF LANE 4. Vacation of a Portion of a Twenty -Foot VACATION ON Utility Easement Centered Between Proposed THREE SISTERS Tract D- 1A -4A, U.S. Survey 1678 and WAY Proposed Lot 10A, Block 1, Monashka Bay Alaska Subdivision. (2563 Three Sisters Way and 1902 Monashka Circle. Volume XIX Page 103 Acting Mayor Carlson explained that the easement was no longer needed. He said that the Planning and Zoning Commission recommended approval. VOTE ON MOTION TO APPROVE Ayes: Noes: None MOTION CARRIED Unanimous McFarland, Stevens, Austerman, Burt, Hancock, Milligan, Monroe INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Kodiak Island Borough School District Regular Meeting of September 26 and Special Meeting of October 17, 1994. 2. Planning and Zoning Commission Regular Meeting of September 21, 1994. 3. Mental Health Advisory Board Work Session of September 26 and Regular Meeting of September 26, 1994. B. REPORTS REPORTS 1. Kodiak Island Borough School District September 1994 Financial Report. 2. Community Development Department August 1994 Status Report. 3. Mental Health Center Director's October 1994 Report. C. OTHER None. CITIZENS' COMMENTS Dan Ociq reiterated his previous statements. He was not opposed to City -owned land in Pearson Cove being rezoned and was curious as to an attorney's opinion nn hie cnnnoctoA amondmont Prociiinn nff1nnr Mnnrna directed staff to obtain an attorney's opinion. Mr. Ogg said that although presently things had changed, there was pressure to cut funding within the next three years to the FITC. Regular Assembly Meeting November 3, 1994 OTHER CITIZENS' COMMENTS Volume XIX Page 104 ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Hancock thanked Assemblymember McFarland for serving as presiding officer for four years and as the president of SWAMC. She appreciated that Mr. Koning announced that Elaine Griffin was the Teacher of the Year. She felt Ms. Griffin touched the lives of children and extended congratulations for an honor that was shared by all residents. Assemblymember Stevens felt the Borough should take a firm stand of support for the Fisheries Industrial Technology Center (FITC) because it was important to the community. He contended that parliamentary procedure was an important tool to accomplish goals fairly and he would hold the Assembly's feet to the fire. He was glad to be back on the Assembly. Assemblymember Austerman felt the timing on the FITC was critical. He said the deadline for the decision was November 10th and it was imperative that the Assembly take timely action. Assemblymember McFarland related that Mayor Selby said FITC discussion was progressing well and there were several items to bring to the Assembly. He said Mayor Selby mentioned a resolution of support. Presiding Officer Monroe encouraged the public to respond regarding the FITC and noted that the address for response was listed in the newspaper. Assemblymember Burt was pleased to see the Borough and fishing community working together. He attended the recent naturalization ceremony. After Assemblymember Milligan visited Tom Hendel's establishment, he regretted his vote against the liquor license transfer. He thanked Assemblymember CGRRK7Eo: ll�o3 /4y McFarland for his leadership( He felt parliamentary land his a(ih ence_ in procedure was important but the goal of the presiding uiainy the Assembir officer was to secure all information. 1 hroucRthe rural developme Issue. Assemblymember Austerman congratulated Elaine Griffin and asked that a letter of recognition be sent from the Assembly. He appreciated Assemblymember Steven's vast knowledge of parliamentary procedure but _ felt there were instances where the rules should be bent to accommodate the public. Assemblymember McFarland appreciated the opportunity to serve as presiding officer of the Assembly. He said he would continue to work to fulfill the desires of the Assembly as a whole. Regular Assembly Meeting November 3, 1994 Volume XIX Page 105 n °1 n Presiding Officer Monroe thanked Assemblymember McFarland for his great vision for the Borough. She congratulated Kris Wisher as employee of the month and Elaine Griffin as Teacher of the Year. She announced the Assembly would meet in work session Thursday, November 10 at 7:30 p.m. in the borough conference room and regular meeting on tuesday, November 22 at 7:30 p.m. in the assembly chambers. She said Borough offices would be closed November 11 in recognition of Veterans Day. She said members of the Assembly would travel to Juneau to attend Alaska Municipal League meetings November 15 through 19. She announced the November 8 general election and encouraged people to vote. She noted that absentee voting was available in the Borough Clerk's office, Room 123 in the Borough building, November 4 and 7 from 8:00 a.m. to 5:00 p.m. 16. EXECUTIVE SESSION 1. Legal Matters. MCFARLAND, seconded by MILLIGAN There was no discussion by the Assembly. VOTE ON MOTION TO POSTPONE MOTION CARRIED AUSTERMAN, seconded by MCFARLAND VOTE ON MOTION TO ADJOURN MOTION CARRIED Regular Assembly Meeting November 3, 1994 moved to postpone executive session to discuss legal matters pertaining to the sale of Shuyak Island to the November 22, 1994 regular meeting. Unanimous voice vote moved to adjourn. Unanimous voice vote There being no further business to come before the Lccombl•, rho maotinn adiniirnaA at Q :44 n_m_ ATTEST: Q PresidizicOfficer �l1YLrlu 7` r��Y3'12r Ao3 lerk EXECUTIVE SESSION LEGAL MATTERS ADJOURNMENT Volume XIX Page 106