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1994-12-01 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting December 1, 1994 A regular meeting of the Kodiak Island Borough Assembly was held December 1, 1994 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:32 p.m. The invocation was given by Monte Hawver of the Brother Francis Shelter, followed by the Pledge of Allegiance. There were present: ROLL CALL Mike Milligan, Presiding John Burt Suzanne Hancock Jack McFarland Gary Stevens Alan Austerman (arrived at 7:50 p.m.) absent: Mary Monroe comprising a quorum of the Assembly; and Linda Freed, Acting Mayor Donna Smith CMC, Clerk Judi Nielsen, Deputy Clerk Assemblymember Monroe was on vacation and asked to be excused. McFARLAND, moved to excuse seconded by STEVENS Assemblymember Monroe. VOTE ON MOTION TO EXCUSE MOTION CARRIED APPROVAL 07 AGENDA STEVENS, seconded by McFARLAND VOTE ON MOTION TO APPROVE MOTION CARRIED Regular Assembly Meeting December 1, 1994 Unanimous voice vote moved to approve the agenda. a. Unanimous voice vote REGULAR MEETING APPROVAL OF AGENDA XIX Volume XVIII Page 124 APPROVAL OF MINUTES APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of October 6, 1994. HANCOCK, seconded by STEVENS VOTE ON MOTION TO APPROVE MOTION CARRIED AWARDS AND PRESENTATIONS Regular Assembly Meeting December 1, 1994 moved to approve the regular meeting minutes of October 6, 1994. Unanimous voice vote AWARDS AND PRESENTATIONS A. Employee of the Month EMPLOYEE OF THE MONTH Acting Mayor Linda Freed presented the Employee of the Month Award to Tina Schilbach, assessment clerk I in the Assessing Department. CITIZENS' COMMENTS CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing None. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS COMMITTEE REPORTS Assemblymember McFarland requested a schedule of the Hospital Advisory Board meetings. Assemblymember Hancock requested a schedule of the Mental Health Center Advisory Board meetings. Deputy Presiding Officer Milligan attended the recent Mental Health Center Advisory Board meeting. He said he participated in a teleconference with the Cook Inlet Regional Citizens Advisory Council. PUBLIC HEARING PUBLIC HEARING All ordinances and resolutions presented at this .t introduced 1... titl.. nl. and made meeting ware i....i vvu�.c.a by title only %a.I copies available to the public. A. Ordinance No. 94 -10E Amending Ordinance ORDINANCE No. 94 -10 Fiscal Year 1995 Budget. (Day Care NO. 94 - 10E Assistance Grant) XIX Volume ).VIII Pave 125 a? Presented for consideration was Ordinance No. 94 -10E that, if adopted, accepted grant funds from the State of Alaska, Department of Community and Regional Affairs for the Child Care Assistance Program STEVENS, moved to adopt seconded by McFARLAND Ordinance No. 94 -10E. Acting Mayor Freed explained that the ordinance allowed the Borough to accept State grant funds in the amount of $44,118. Deputy Presiding Officer Milligan called for public testimony; hearing and seeing none, he reconvened the regular meeting. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Burt, Hancock, McFarland, Stevens, Milligan Noes: None Absent: Austerman, Monroe MOTION CARRIED Unanimous B. Ordinance No. 94 -26 Amending Kodiak Island ORDINANCE Borough Code of Ordinances Chapter 17.57 Off- NO. 94 -26 Street Parking Section 17.57.040A and Repealing Section 17.57.080D2. Regular Assembly Meeting December 1, 1994 1 r n 4 f1 Presented for consideration was Ordinance No. 94 -26, that, if adopted, amended Kodiak Island Borough Code by adding a differential parking requirement for retail and office space and deleted the requirement for a three -foot landscaping strip. McFARLAND, moved to adopt seconded by STEVENS Ordinance No. 94 -26. Acting Mayor Freed said the ordinance provided for a differential office space calculation for storage areas in retail and office space and eliminated requirements for a three -foot landscaping strip between parking areas and adjoining rights of way. Deputy Presiding Officer Milligan called for public testimony; hearing and seeing none, he reconvened the regular meeting. )(1X Volume 4CVIII Page 126 1 4 n y c n Assemblymember McFarland said small business owners complained that parking requirements were confusing. He felt the ordinance clearly delineated actual parking needs. At questions raised by Assemblymember Burt, Acting Mayor Freed said requirements were reduced to one parking space for 1,000 feet of storage space. VOTE ON MOTION TO ADOPT Ayes: Hancock, McFarland, Stevens, Burt, Milligan Noes: Absent: MOTION CARRIED None Austerman, Monroe Unanimous C. Kodiak Island Borough Coastal Management Program Public Hearing Draft. Acting Mayor Freed said the intent was to hear public comment and no action by the Assembly was necessary. She said once changes were incorporated into the draft, the final document would be before the Assembly as a resolution. She clarified that the Planning and Zoning Commission worked on the draft for eight months. She said newspaper advertisements made the public aware of the draft and 130 copies of the draft were mailed to interested individuals. She said Tony Drabek, Natives of Kodiak representative, intended to comment in writing. She noted that the comment deadline was January 6, 1995. Assemblymember Austerman arrived at 7:50 p.m. At questions raised by Assemblymember McFarland, Acting Mayor Freed stated that a resource inventory analysis was conducted to characterize resources and identify potential impact to endangered species. Assemblymember McFarland felt draft language on coastal habitat and resources were narrowly focused for the future. Acting Mayor Freed said the wording roflortod rnrront federal policy And could be removed without damage to the document. She added that the federal government could reincorporate the wording into the document. Assemblymember Stevens agreed with Assemblymember McFarland and suggested referring to it as a federal policy. Regular Assembly Meeting December 1, 1994 KIB COASTAL MANAGEMENT PROGRAM PUBLIC HEARING DRAFT XIX Volume XVIII Page 127 Regular Assembly Meeting December 1, 1994 7 0 Assemblymember Hancock felt specificity in the document was not bad. Deputy Presiding Officer Milligan opened the public hearing. Emil Norton, retained by Wards Cove Packing Company, expressed interest in receiving copies of future correspondence and documents. Deputy Presiding Officer Milligan closed the public hearing and reconvened the regular meeting. At questions raised by the Assembly, Acting Mayor Freed outlined the time -frame to adopt the resolution and submit the policy to the State of Alaska. She noted the final deadline was June 30, 1995 and State grant funds were available through that date. Deputy Presiding Officer Milligan said that the document was perused by NOAA and the Audobon Society and public input was valuable, and he encouraged the public to comment. Deputy Presiding Officer Milligan reopened the public hearing. Frank Townsend, KVOK /KJJZ radio station general manager, felt the issue required public input and offered use of the station's Hot Line program. Deputy Presiding Office Milligan closed the public hearing and reconvened the regular meeting. Assemblymember McFarland thanked Jon Isaacs and Associates for attempting to capture the concerns of Kodiak. He felt difficult wording could be defined later to create a well- rounded final document. MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR None. OLD BUSINESS OLD BUSINESS A. Ordinance No. 94 -23 Rezoning All Borough and ORDINANCE State Owned Land on Shuyak Island From C -- Nn_ 94 -23 Conservation TO NU -- Natural Use Lands. Presented for consideration was Ordinance No. 94 -23 that, if adopted, rezoned property in accordance with the Shuyak Island Comprehensive Plan to preserve habitat and natural diversity, and protect and preserve recreational opportunities. XIX Volume XfVSZZ Page 128 The motion to adopt Ordinance No. 94 -23 was before the Assembly. Acting Mayor Freed relayed that Mayor Selby requested that the Assembly postpone Ordinance No. 94 -23 to the December 15, 1994 regular meeting. AUSTERMAN, seconded by BURT VOTE ON MOTION TO POSTPONE Ayes: Noes: Absent: MOTION CARRIED NEW BUSINESS A. BID AWARDS McFARLAND, seconded by AUSTERMAN VOTE ON MOTION TO AWARD Ayes: Noes: Regular Assembly Meeting December 1, 1994 moved to postpone Ordinance No. 94 -23 to the December 15, 1994 regular meeting. McFarland, Stevens, Austerman, Burt, Hancock, Milligan None Monroe Unanimous 4 1. Contract No. 94 -39 Kodiak Island Borough Landfill Shot Rock Acquisition. moved to award Contract No. 94 -39 to Anderson Construction of Kodiak in an amount not to exceed $50,000. Acting Mayor Freed explained that the contract was for drilling, blasting, ripping and dozing resistant shale materials at the Borough landfill. She said Anderson Construction was the low bidder. At questions raised by the Assembly, Acting Mayor Freed stated that topographical review would be completed prior to blasting to determine where and how much rock would be removed. Stevens, Austerman, Burt, Hancock, McFarland, Milligan None NEW BUSINESS BID AWARDS CONTRACT NO. 94 -39 XIX Volumes Y "III Papa 129 Absent: Monroe MOTION CARRIED Unanimous B. RESOLUTIONS None. C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS 1. Appointment of Assemblymember to Kodiak Island Borough School District Action Team on Violence in Schools. Acting Mayor Freed said Betty Walters, Assistant Superintendent of Schools, requested Assembly representation. She noted the team was scheduled to meet several times in December and January. Assemblymember McFarland felt the issue had merit, but he was cautious about making a formal appointment to the committee because the Assembly set policy. He had concern that Assemblymembers would be overloaded and suggested participation on a volunteer basis. Assemblymember Burt thought it was an important issue and the time -frame was short. Deputy Presiding Officer Milligan regarded it as an opportunity rather than an assignment. Assemblymember Burt and Deputy Presiding Officer Milligan expressed a desire to participate. 2. Resignation of Bayview Road Service District Board Member. AUSTERMAN, moved to accept, with seconded by STEVENS regret, the resignation of Dawn Lea Black from the Bayview Road Service District Board and direct the clerk to advertise the vacancy per borough code. Clerk Smith informed the Assembly that the vacancy would be advertised. She noted that the Board still had a quorum. Regular Assembly Meeting December 1, 1994 RESOLUTIONS ORDINANCES FOR INTRODUCTION OTHER ITEMS APPOINTMENT OF ASSEMBLYMEMBER TO KIBSD ACTION TEAM ON VIOLENCE IN SCHOOLS RESIGNATION OF BAYVIEW ROAD SERVICE DISTRICT BOARD MEMBER XIX Volume XVIII Page 130 There was no discussion by the Assembly. VOTE ON MOTION TO ACCEPT Ayes: McFARLAND, seconded by BURT Regular Assembly Meeting December 1, 1994 Austerman, Burt, Hancock, McFarland, Stevens, Milligan Noes: None Absent: Monroe MOTION CARRIED Unanimous 3. Contract No. 94 -38 Shuyak Island Land Sales CONTRACT Agreement. NO. 94 -38 AUSTERMAN, moved to approve seconded by STEVENS Contract No. 94 -38. Acting Mayor Freed said Mayor Selby asked that the Assembly postpone the contract to a special meeting on December 8, 1994. moved to postpone Contract No. 94 -38 to a special meeting at noon on December 8, 1994. Assemblymember Hancock understood that the resolution rezoning Shuyak Island land from conservation to natural use would be before the Assembly at the December 15 regular meeting. Clerk Smith clarified that the rezone would not take place until the land sale was finalized. Assemblymember McFarland said he would not be able to attend the special meeting. He thought the sale was close to finalization and it was important to ensure that the FITC was included. At questions raised by Assemblymember Burt, Assemblymember McFarland clarified that the FITC was included in the contract negotiations. At Assemblymember Hancock's query about the appraisal not i nn Mwnr Preod ca i A Pat Carl enn . Anrnttnth r • •____•• assessor, or Mayor Selby were best to answer. When Assemblymember Hancock said she would be out of town on December 8, Acting Mayor Freed said Mayor Selby was due back by Monday and could provide concrete information. XIX Volume XVIII Page 131 VOTE ON MOTION TO POSTPONE C. OTHER None. CITIZENS' COMMENTS 1 Assemblymember McFarland felt the Assembly was not included in the process and did not want a major surprise. He said he would not be supportive if the final outcome was not equitable. Deputy Presiding Officer Milligan requested that Clerk Smith work with Mayor Selby to prepare a complete package of information to be available to the Assembly prior to the special meeting. Ayes: Burt, Hancock, McFarland, Stevens, Austerman, Milligan Noes: None Absent: Monroe MOTION CARRIED unanimous INFORMATIONAL MATERIALS (No action required) INFORMATIONAL MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Planning and Zoning Commission Regular Meeting of October 19, 1994. 2. Monashka Bay Road Service District Meeting of November 3, 1994. 3. Kodiak Island Hospital Advisory Board Meeting of October 12, 1994. 4. Personnel Advisory Board Meeting of November 17, 1994. B. REPORTS REPORTS 1. Community Development Department October 1994 Status Report. 2. Kodiak Island Borough School District October 1994 Financial Report. Okey Chandler spoke to his inability to hear when sitting in the back of the chambers. He requested the sound system be configured so those sitting in the back of the chambers could hear. He also noted that some Assemblymembers sit too far from the microphone. He wanted Anton Larson Road extended OTHER CITIZENS' COMMENTS Regular Assembly Meeting Volume d III December 1, 1994 Page 132 one -half mile to the narrows. He asked that it be placed at the top of the agenda and that the Assembly crack the whip on Representative Austerman while in Juneau. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Hancock thought the Shuyak Island land sale benefited all State residents to ensure future generations enjoyment of resources. She noted that Alaska was number one in environmental spending. Assemblymember Austerman felt Mr. Chandler's comments were appropriate and suggested a speaker be placed in the back of the chambers. Because he felt the Assembly was elected into office to make decisions, he asked that parliamentary procedure on refusing to vote be placed on the next work session agenda. Assemblymember Stevens said there was a process when an assemblymember felt a need to abstain from voting. Assemblymember McFarland congratulated Elaine Griffin as the Alaska State Teacher of the Year and announced a potluck in her honor at the Chiniak Library on Sunday, December 5. He said Mary Stadler, Southwest Alaska Municipal Conference director, would be in Kodiak December 6 and 7. He requested a letter be sent to Cliff Davidson thanking him for his work as Kodiak's representative to the State House. He requested letters of congratulations to newly - elected representative Alan Austerman and newly - elected Governor Tony Knowles and Lieutenant Governor Fran Ulmer. Deputy Presiding Officer Milligan also congratulated Elaine Griffin. He noted the importance of carefully studying the Shuyak Island land sale documents. He announced the Assembly would meet in a special meeting at noon on Thursday, December 8, in the borough conference room to act on Contract No. 94 -38 Shuyak Island Land Sales Agreement; a work session on Thursday, December 8, at 7:30 p.m. in the borough conference room and a regular meeting on Thursday, December 15, at 7:30 p.m. in the assembly chambers. AUSTERMAN, moved to adjourn. ADJOURNMENT seconded by McFARLAND VOTE ON MOTION TO ADJOURN MOTION CARRIED Unanimous voice vote Regular Assembly Meeting December 1, 1994 xIX Volume XVIII Page 133 There being no further business to come before the Assembly, the meeting adjourned at 8:56 p.m. ATTEST: SP 0Y2�Y)G 1 rough Clerk Approve& 01/05/95 Regular Assembly Meeting December 1, 1994 Qum al 22e-twit-ire-- Presiding' Officer Jo:.-e . ?Ile 134