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1996-01-04 Regular MeetingRODIAK ISLAND BOROUGH Regular Assembly Meeting January 4, 1996 A regular meeting of the Kodiak Island Borough Assembly was held January 4, 1996 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 of the Stan Rieff of the Kodiak Baptist Mission, followed by the Pledge of Allegiance. There were present: Gary Stevens, Presiding Suzanne Hancock Bob Johnson Robin Heinrichs Mike Milligan Jack McFarland absent: John Burt comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC, Clerk Linda Freed, Community Development Director Assemblymember Burt was out on business and asked to be excused. McFARLAND, seconded by MILLIGAN VOTE ON MOTION TO EXCUSE MOTION CARRIED APPROVAL OF AGENDA JOHNSON, seconded by MILLIGAN VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES None. Regular Assembly Meeting January 4, 1996 moved to excuse Assemblymember Burt. Unanimous voice vote moved to approve the agenda. Unanimous voice vote REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Volume XXI Page 1 AWARDS AND PRESENTATIONS A. Employee of the Month EMPLOYEE OF THE MONTH Mayor Jerome Selby presented the Employee of the Month Award to Sharon Blakeslee, Management Information Systems programmer /analyst. B. Certificate of Achievement CERTIFICATE OF ACHIEVEMENT Mayor Selby presented Karleton Short, Finance Director, with the Certificate of Achievement for Financial Reporting awarded by the Government Financial Officers Association. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing None. B. Items Other Than Those Appearing on the Agenda Lorna Arndt telephoned for a response to rumors she had heard. She understood the state inspector found that the little toilets at North Star Elementary School were plumbed for big toilets and that caused a backwash. She was told the state inspector said funds would not be available for the school for that reason. She also heard that negotiations for construction of the Near Island Research Facility (NIRF) building were underway with McCarthy and, therefore, the contract would not be going out to bid to give Kodiak contractors a chance. She did not think that was fair. She found out McCarthy, the hospital contractor, was entertaining Borough employees, which was against state and federal ethics law. She suggested all municipalities should have ethics defined. She understood the Assembly was considering purchasing the MarkAir building even though the ground the building was on was saturated with oil. She questioned what funds would be used for the purchase. She wanted residents informed as to what was happening because she felt taxes would increase in light of decreased state funding. Mayor Selby responded to Ms. Ardnt that it was good to know the rumor mill was healthy in Kodiak but this time it was erroneous. He explained that there was a full -time inspector for North Star Elementary School. Mayor Selby said he had heard nothing about a state inspector. The Mayor said negotiations on Regular Assembly Meeting January 4, 1996 AWARDS AND PRESENTATIO CITIZENS' COMMENTS Volume XXI Page 2 construction of the NIRF building were not taking place; in fact, there were no construction drawings. He responded to the MarkAir oil contamination by explaining there were three lots and a tank that contained jet fuel sat on one of the three lots. He said the Alaska Department of Environmental Conservation (ADEC) was involved in cleanup of the property. He further explained that the terminal building lot had no contamination. He referred to a copy of the analysis report made by an Anchorage firm where it was identified that there was an small underground oil tank that fed the building on the terminal building property. He contended that no one implied there was a non - leachate problem with that oil tank and added that the report was available. He concluded with the report that the toilets at North Star Elementary School were installed according to code and inspected. Steve Hobgood, Engineering /Facilities Department Director, called to offer additional information. He informed the Assembly that the only state inspection report was from ADEC and it did not mention bathrooms. He said the toilet size had nothing to do with the size of drains used. He added that the toilets were functioning. He concluded with the statement that a full -time inspector was on the site at all times. In response to Assemblymember Johnson, Presiding Officer Stevens said that information on the MarkAir building had not been presented to the Assembly. Mayor Selby explained that the Airport Advisory Committee reviewed the site and their recommendation was to acquire the building. He said information would be forthcoming at the next assembly work session for review, parameters, and direction. Assemblymember Hancock pointed out that the work session scheduled for Thursday, January 11, was rescheduled to noon on Wednesday, January 10. Presiding Officer Stevens appreciated those who commented and the call from Director Hobgood. He noted that if Ms. Ardnt was correct, the Assembly had not heard of a negative inspection. In regards to the unethical behavior of the staff, he felt it was easy to say and caused suspicion. He would appreciate contact outside a public forum rather than having a broad charge voiced. Assemblymember Milligan's opinion was that everyone had the right to voice concerns to allow the Assembly Regular Assembly Meeting January 4, 1996 Vol XXI P,i_r 3 an opportunity to address those concerns in a public forum. He thanked Ms. Arndt for expressing her concerns. Mayor Selby explained the high standard required of Borough employees. He said employees were meticulous about reporting public concerns to him. He reported on an instance where Director Hobgood was offered a jacket but refused it. He noted that Director Hobgood consulted him prior to purchasing a jacket with his own funds and he had no problem with that. Presiding Officer Stevens did not want to discourage people from speaking but felt it was not fair to broadside someone with unethical behavior charges. He asked to be informed if someone wanted to discuss a specific issue. COMMITTEE REPORTS Darlene Turner, Planning & Zoning Commissioner, reported that the Commission selected six projects: 1) zoning for non - conformities; 2) Selief Lane /Hillside; 3) Uyak Bay foreclosures; 4) Coastal Management Plan; 5) road system plan update; and 6) mobile home parks and RV codes. PUBLIC HEARING None. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on the on -going process to obtain community block grants for new clinics in Karluk and Ouzinkie. He noted that Ouzinkie had the capability to meet matching requirements. He told of the meeting where various fishing groups agreed to support Walter Sargent and Richard Thummel for the Board of Fish. He noted the Board of Fish needed representatives from the most significant fishing district in Alaska -- Kodiak to Dutch Harbor. He commended the fishing industry for their 100 percent support of either individual and that message was sent to the governor. He encouraged anyone in the community to write a similar letter supporting that position because there were a number of fishing issues coming before the Board of Fish pertinent to Kodiak fisheries. Presiding Officer Stevens directed the Clerk to draft a letter of the Assembly's support. Regular Assembly Meeting January 4, 1996 COMMITTEE REPORTS PUBLIC HEAR1 MESSAGES FROM MAYOR Volum XXI RIge 4 OLD BUSINESS None. NEW BUSINESS moved to adopt Resolution No. 96 -01. Mayor Selby said that part of the resolution was an easement access to avoid using the steep hill that was the Borough's road right -of -way to access North Star Elementary School. He noted that negotiations with Mike Anderson resulted in no added cost except for construction of a pedestrian trail. He explained that the access would be used by more than half the students. He thought it was a very good solution to voiced concerns. VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: Burt MOTION CARRIED Unanimous Hancock, Heinrichs, Johnson, McFarland, Milligan, Stevens OLD BUSINESS NEW BUSINESS A. CONTRACTS CONTRACTS None. B. RESOLUTIONS 1. Resolution No. 96 -01 Authorizing the Acquisition RESOLUTION of an Easement Across Private Property and Awarding a Contract for Construction of a Bike NO. 96 -01 and Pedestrian Access Trail to North Star Elementary School. Presented for consideration was Resolution No. 96 -01 that, if adopted, authorized the mayor to acquire an easement across Lot 1, Block 9 Miller Point Subdivision, 1st Addition and awarded a sole source contract to Anderson Construction of Kodiak, Alaska for the construction of a 500 foot pedestrian trail for a sum not to exceed $18,250. JOHNSON, seconded by MILLIGAN RESOLUTIONS 2. Resolution No. 96 -02 Recognizing the Social RESOLUTION and Economic Importance of the Alaska Commercial Salmon Fishing Industry and NO. 96 -02 Regular Assembly Meeting January 4, 1996 Volume XXI Pnge 5 Presented for consideration was Resolution No. 96 -02 that, if adopted, acknowledged the social and economic importance of the Alaska commercial salmon fishing industry to our community and to the State of Alaska and opposed the passage of the Fairness in Salmon Harvesting (F.I.S.H.) initiative. McFARLAND, moved to adopt seconded by MILLIGAN Resolution No. 96 -02. Mayor Selby said the Seiners Association requested the resolution to make the community aware of the F.I.S.H. initiative introduced by petition for a vote at the next election. He expressed the concern that the initiative would change the rules that develop salmon practices by closing runs to sports fishing only. He said the initiative would not address the need for a balance between commercial and sports fishing. He noted that commercial fisheries were a part of the industry that kept communities alive and provided revenue to the State of Alaska. He explained that over - escapement would occur if some commercial fisheries were closed. He said the resolution recognized the need to manage fisheries with maximum commercial harvest and sports fishing by the Board of Fish because the data was available to them rather than at the legislative level. Assemblymember Johnson stated that although he was not an expert, he remembered that fisheries were under federal regulations prior to statehood and that it was much better managed by the state now. Assemblymember McFarland said the Board of Fish process worked and wanted to stop any attempts to circumvent that process. VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: Burt MOTION CARRIED Unanimous Regular Assembly Meeting January 4, 1996 Opposing the Fairness In Salmon Harvesting (F.I.S.H.) Initiative. Heinrichs, Johnson, McFarland, Milligan, Hancock, Stevens Volume XXI Page 6 C. ORDINANCES FOR INTRODUCTION Ordinance No. 96 -01 Amending Kodiak Island Borough Code of Ordinances TITLE 17 ZONING by Adding SRO -- Single Resident Occupancy Development Standards. Presented for consideration was Ordinance No. 96 -01 that, if adopted, would bring back the SRO -- Single Resident Occupancy Development Standards, since the merits of these development standards may have been overlooked with the previous focus on the HBO-- Boarding House Overlay Zone. The Planning and Zoning Commission held a public hearing on this proposed zoning code amendment and recommended that the Kodiak Island Borough Assembly adopt the ordinance as presented. HEINRICHS, seconded by McFARLAND moved to advance Ordinance No. 96 -01 to public hearing on January 18, 1996. Assemblymember Johnson was confused about the history on the development of the standards. He requested a summary of how this would solve the problem. Mayor Selby explained that in 1993, the Commission researched a method for safe affordable housing in single family residences converting to boarding houses. He said the Commission forwarded an ordinance introducing a boarding house zoning overlay that was ultimately defeated. He noted that this ordinance addressed single resident occupancy and not boarding house zoning. In response to Assemblymember Johnson, Mayor Selby reiterated that the ordinance did not address boarding house zoning but did address safe affordable housing for single resident occupancy. He added safety issues in boarding houses were also not addressed. When Assemblymember Heinrichs asked why the number 11 was chosen as the threshold for single resident occupancy, Linda Freed, Community Development Department Director, explained that was the upper limit residency for boarding house residences. She reiterated that the ordinance provided alternative options as most boarding houses in the community did not fall into this regulation. She explained SRO would be permitted in commercial zoning districts in buildings that were similar to a hotel but provided Regular Assembly Meeting January 4, 1996 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 96 -01 Volume XXI Page 7 long term residences. She noted that on the west coast in the lower 48, existing commercial structures were reconstructed for this type of use. She noted that the code currently allowed two rooms to be rented out in single family residences. D. OTHER ITEMS Addy Neslund said he lives next to the path to North Star Elementary School, and he thought the path was a good idea and good for students. He informed the Assembly of problems with the path that he had addressed to staff. He said water from the path drained through his yard because the culvert was not functioning, and he noticed a steep drop -off in certain areas of the path where a student tumbling off would result in serious injury. He noted there was no engineer's plan for the trail and questioned if there should have been to alleviate problems. He reiterated the path was a good idea that needed to be done well. The Assembly directed Mayor Selby to investigate Mr. Neslund's concerns. Regular Assembly Meeting January 4, 1996 OTHER ITEMS INFORMATIONAL MATERIALS (No action required) INFORMATIONAL MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Kodiak Island Hospital Advisory Board Meeting of October 11 and November 15, 1995. 2. Kodiak Island Borough Mental Health Center Advisory Board Meetings of July 24, September 25, October 23, and Work Session Notes of October 2 and 10, 1995. B. REPORTS REPORTS Kodiak Island Borough December 1995 Financial Report. C. OTHER OTHER None. CITIZENS' COMMENTS CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Milligan was happy that the Planning and Zoning Commission had a full complement of members that seemed to be a good reflection of the Volume XXI Page 8 community. He reiterated that rumors were a way to self - evaluate and citizen comments were a way to address those rumors. Assemblymember McFarland expressed condolences to the family of Eugene Racer who died on Barometer. He knew Eugene to be a fine student and member of the Assemblymember Heinrichs applauded the Kodiak Chamber of Commerce for making the local Internet node possible. Assemblymember Hancock agreed that rumors should be brought forward in a public forum for discussion. She also suggested contact with Borough staff or the assembly to solicit a response immediately. She was sad to read of the passing of Eldon Lester, Eugene Racer and all others who passed away recently and sent her condolences to the families and friends. Assemblymember Johnson congratulated Sharon Blakeslee and Karl Short. He felt the town meeting concept was a forum for people who could not speak publicly as well as those who could. He encouraged town meetings as annual events. He was encouraged to see the Planning and Zoning Commission off to a running start. Assemblymember Johnson invited the community to attend the International Festival where cultural groups would be represented by sharing potluck, costumes, etc. from the country of their origin on January 13 from 6 -10 p.m. in the Kodiak High School Commons. Assemblymember McFarland announced that although some Assembly members would be in Anchorage attending SWAMC, they would be thinking of the Festival. Presiding Officer Stevens announced that members of the assembly would be attending SWAMC meetings in Anchorage January 11 -13. Because members of the assembly would be attending SWAMC, the Thursday, January 11 work session was rescheduled to Wednesday January 10 at noon in the borough conference room. He announced the joint assembly /council work session on Tuesday, January 16 at 7:30 p.m. in the city conference room and a regular meeting on Thursday, January 18, 1996 at 7:30 p.m. in the assembly chambers. He said members of the assembly would attend the North Star Elementary School dedication at 1:00 p.m. on Thursday, January 11, 1996. Regular Assembly Meeting January 4, 1996 Volume XXI Page 9 MILLIGAN, moved to adjourn. seconded by McFARLAND VOTE ON MOTION TO ADJOURN MOTION CARRIED There being no further business to come before the Assembly, the meeting adjourned at 8:31 p.m. ATTEST: (51/Thin tH Borough Cler Approved: 01/18/96 Regular Assembly Meeting January 4, 1996 4_7 A , (Inlr Unanimous voice vote. Pr- siding . icer Volume XXI Page 10