Loading...
1996-10-03 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting October 3, 1996 A regular meeting of the Kodiak Island Borough Assembly was held on October 3, 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 Father Paul Smith of St. James the Fisherman Episcopal Church, followed by the Pledge of Allegiance. There were present: Robin Heinrichs, Presiding John Burt Suzanne Hancock Bob Johnson Jack McFarland Mike Milligan absent: Gary Stevens comprising a quorum of the Assembly; and Pat Carlson, Acting Mayor Donna Smith CMC /AAE, Clerk Judi Nielsen, Deputy Clerk APPROVAL OF AGENDA AND CONSENT AGENDA MILLIGAN, moved to approve seconded by McFARLAND the agenda and consent agenda. Clerk Smith read the item for consideration under "Consent Agenda ". VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES None. Regular Assembly Meeting October 3, 1996 Unanimous voice vote REGULAR MEETING ROLL CALL APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF MINUTES Volume XXI Page 273 AWARDS AND PRESENTATIONS A. Employee of the Month Acting Mayor Pat Carlson presented the Employee of the Month Award to Judi Nielsen, Deputy Borough Clerk. B. Presentation Acting Mayor Pat Carlson presented a plaque to Edmon Myers for his many years of service as the Kodiak Island Hospital Administrator. C. Proclamations Acting Mayor Carlson proclaimed October 6 -12, 1996 Fire Prevention Week, urging all citizens to participate in local fire safety and prevention activities and to test smoke detectors regularly. Rome Kamai, City of Kodiak firefighter, accepted the proclamation. Acting Mayor Carlson proclaimed October 6 -12, 1996 Mental Illness Awareness Week, to enhance public awareness of mental illness and to promote greater understanding for those who suffer the disabling symptoms of mental illness. Etta Singleton, Kodiak Alliance for the Mentally I11 representative, accepted the proclamation. Acting Mayor Carlson proclaimed October, 1996 Domestic Violence Awareness Month, urging all citizens to actively support and participate in the ongoing programs designed to reduce and eventually eliminate domestic violence as a social problem. Kathryn Martin, Kodiak Women's Resource and Crisis Center representative, accepted the proclamation. Ms. Martin presented Acting Mayor Carlson with a poster on the Network for Domestic Violence in Alaska. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing None. B. Items Other Than Those Appearing on the Agenda Ed Myers reminisced on his time in Kodiak as one of his most gratifying periods. He had feelings about leaving but felt it was time to go. He noted his Regular Assembly Meeting October 3, 1996 AWARDS AND PRESENTATION" EMPLOYEE OF .� MONTH PRESENTATION TO ED MYERS PROCLAMATIONS FIRE PREVENTION WEEK MENTAL ILLNESS AWARENESS WEEK DOMESTIC VIOLENCE AWARENESS MONTH CITIZENS' COMMENTS Volume XXI Page 274 wife was doing well. He would continue working for Lutheran Homes Society (LHS) in North Carolina. He announced that the hospital audit was concluded with a $545,000 gain with no management letter issued by the audit firm. He applauded Mary Munk, finance director, for a superb job. He attributed the gain to new programs and services with increased work loads. He reported that the addition construction was moving along with an expected transfer date of November 1 after staff was trained and supplies were stocked. It was expected that patients would be moved into the facility the first week of December. He reminded the Assembly and community of the dedication of the new facility on October 11. He emphasized the strong management team commitment to financial viability that created a favorable community image with programs. He was leaving a strong team and staff in place for a good interim administrator. He said Providence had taken the lead in recruitment of a replacement. He will return monthly to continue to coordinate the transfer and construction. Mr. Myers relayed his appreciation for the support of the Assembly during the construction of the hospital. On behalf of the Assembly, Assemblymember Milligan offered a thank you to Mr. Myers for his leadership. COMMITTEE REPORTS Assemblymember Hancock reported on the Mental Health Center Advisory Board meeting where Director Martin White indicated the first Medicaid audit revealed the Center was in compliance. She encourage volunteers to participate on the Board. Assemblymember McFarland reported that the Hospital Advisory Board met and toured the hospital with the Murdock Foundation representatives. He noted the Foundation awarded grants to projects such as the hospital and the site visit was to see if the project met their criteria. He applauded Ed Myers on the remarkable changes, added programs, and futuristic thinking. He wished him well on behalf of the Assembly. Assemblymember Milligan attended a Parks and Recreation Committee meeting where the Island Lake Creek Trail, the map of land ownership in the Bells Regular Assembly Meeting October 3, 1996 COMMITTEE REPORTS Volume XXI Page 275 Flats area, resurfacing the new ballfields at the old metals dump, and an ice rink were discussed. He announced another meeting was scheduled in November. Assemblymember Burt reported that the Animal Control Committee reached agreement on wording in the ordinance scheduled for public hearing. He planned to recommend postponement to allow another meeting to take place. He applauded Bill Jones, City manager, for his leadership. He acknowledge the attendance of representatives from the SPCA, small animal families, and horse people. Assemblymember Johnson announced the town meeting on October 19 where many of the silent majority could participate. He noted Father Joseph Kreta would be the keynote speaker. 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. 96 -12 Amending Kodiak Island ORDINANCE Borough Code of Ordinances Title 6 Animals NO. 96 -12 Chapter 6.04 Animal Control to Clarify Language Pertaining to Small Domesticated Animals and Farm Animals. Presented for consideration was Ordinance No. 96 -12 that, if adopted, amended Kodiak Island Borough Code to clarify the difference between small domesticated animals and farm animals. The motion to adopt Ordinance No. 96 -12 was before the assembly. Deputy Presiding Officer Heinrichs called for public testimony; hearing and seeing none, he reconvened the regular meeting. MILLIGAN, seconded by BURT VOTE ON MOTION TO POSTPONE Ayes: Regular Assembly Meeting October 3, 1996 moved to postpone Ordinance No. 96 -12 to public hearing at the next regular meeting on October 17, 1996. Burt, Hancock, Johnson, McFarland, Milligan, Heinrichs Volume XXI Page 276 Noes: None Absent: Stevens MOTION CARRIED Unanimous MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Acting Mayor Pat Carlson announced that Mayor Selby was attending NACO meetings in Quincy, California. He reported that the annual hazardous waste disposal program was taking place and that Ron Riemer, Borough environmental engineer, could be reached at 486 -9341 to answer questions. BOARD OF ADJUSTMENT Deputy Presiding Officer Heinrichs recessed the regular meeting and convened the board of adjustment. A. FINDINGS OF FACT Supporting the Board of FINDINGS -OF -FACT Adjustment Decision to Uphold the Planning and HAGGREN APPEAL Zoning Commission Decision Ordering the Removal of Fishing Gear Stored on RR -1- -Rural Residential One Zoning District Property Without an Owner - Occupied Residence on the Property at Lot 3, Block 1, Monashka Bay Subdivision, 109 Monashka Circle, but Suspending Enforcement Until a City and /or Borough Alternative is Made Available in 1997. (Appellant: Mike Haggren) McFARLAND, seconded by MILLIGAN Regular Assembly Meeting October 3, 1996 moved to adopt the findings -of -fact for the decision on the appeal of Mike Haggren as follows: 1. Granting an appeal to permit storage of fishing gear in the RR1- -Rural Residential One Zoning District without an owner occupied dwelling on the premises will set a precedent that would encourage other land owners to store commercial fishing gear on similarly zoned lots without meeting this condition, which is established by code. ... U..r= Jfishing yc J uvumica ciafishing 9 gear in the RR1 -Rural Residential One Zoning District is contrary to the description and intent of the RR1 Zoning District and the objectives of the Monashka Bay Comprehensive Plan. Such unrestricted use has adversely impacted the residential BOARD OF ADJUSTMENT Volume XXI Page 277 Ayes: Regular Assembly Meeting October 3, 1996 character of the neighborhood, as evidenced by public hearing notice responses and public testimony. Commercial fishing gear storage is required to be accompanied by an owner occupied dwelling, in the RR1 Zoning District, in order to ensure that it does not become an attractive nuisance, a health hazard, or negatively impact the residential character of the neighborhood. 3. The Kodiak Island Borough Planning and Zoning Commission ruled appropriately to uphold the enforcement decision since the use of the property does not meet the requirements established by the Borough's zoning code. However, the Assembly, in upholding the decision of the Planning and Zoning Commission, has determined that it is appropriate to give this property owner additional time to correct the violation since public testimony indicates that there is a shortage of locations for relocation of fishing gear currently stored on this RR1 zoned lot. 4. The Kodiak Island Borough Assembly has granted a "grace period" for the required removal of the fishing gear from this lot until December 31, 1997. 5. The suspension of enforcement action at this time does not convey any "grandfather rights" to the property for outdoor fishing gear storage. VOTE ON MOTION TO ADOPT Noes: None Absent: Stevens MOTION CARRIED Unanimous Hancock, Johnson, McFarland, Milligan, Burt, Heinrichs B. FINDINGS OF FACT Supporting the Board of FINDINGS -OF -FACT Adjustment Decision to Uphold the Planning and OLSEN APPEAL Zoning Commission Decision Ordering the Removal of Commercial Fishing Gear Stored a Vacant Lot in the RR -1- -Rural Residential One Zoning District and a Request to Allow the Continued Storage of the Commercial Fishing Gear on the Volume XXI Page 278 Property at Lot 11, Block 3, Russian Creek Alaska Subdivision, 12108 Nock Drive, but Suspending Enforcement Until a City and /or Borough Alternative is Made Available in 1997. (Appellant: Daniel Olsen) JOHNSON, seconded by MILLIGAN 1. Granting an appeal to permit storage of fishing gear in the RR1- -Rural Residential One Zoning District without an owner occupied dwelling on the premises will set a precedent that would encourage other land owners to store commercial fishing gear on similarly zoned lots without meeting this condition, which is established by code. 2. Unrestricted storage of commercial fishing gear in the RR1 -Rural Residential One Zoning District is contrary to the description and intent of the RR1 Zoning District and the objectives of the Womens Bay Comprehensive Plan. Such unrestricted use has adversely impacted the residential character of the neighborhood, as evidenced by public hearing notice responses and public testimony. Commercial fishing gear storage is required to be accompanied by an owner occupied dwelling, in the RR1 Zoning District, in order to ensure that it does not become an attractive nuisance, a health hazard, or negatively impact the residential character of the neighborhood. 3. The Kodiak Island Borough Planning and Zoning Commission ruled appropriately to uphold the enforcement decision since the use of the property does not meet the requirements established by the Borough's zoning code. However, the Assembly, in upholding the decision of the Planning and Zoning Commission, has determined that it is appropriate to give this property owner additional time to correct the violation, since public testimony indicates that there is a shortage of locations for relocation of fishing gear currently stored on this RR1 zoned lot. Regular Assembly Meeting October 3, 1996 moved to adopt the findings -of -fact for the decision on the Daniel Olsen appeal as follows: Volume XXI Page 279 Ayes: 4. The Kodiak Island Borough Assembly has granted a "grace period" for the required removal of the fishing gear from this lot until December 31, 1997. 5. The suspension of enforcement action at this time does not convey any "grandfather rights" to the property for outdoor fishing gear storage. VOTE ON MOTION TO ADOPT Noes: None Absent: Stevens MOTION CARRIED Unanimous Johnson, McFarland, Milligan, Burt, Hancock, Heinrichs Deputy Presiding Officer Heinrichs adjourned the board of adjustment and reconvened the regular meeting. NEW BUSINESS NEW BUSINES' A. AWARDS AWARDS 1. Contract No. 96 -46 COMPAQ 1500 Series LAN CONTRACT Server Purchase. NO. 96 -46 JOHNSON, seconded by MILLIGAN moved to award Contract No. 96 -46 to Frontier Micro Systems of Kodiak in an amount not to exceed $15,829. Acting Mayor Carlson said multiple bids were received and Frontier Micro Systems was the low bidder. He noted the server would replace the computer that provided the Lan service at the Mental Health Center. There was no discussion by the Assembly. VOTE ON MOTION Ayes: McFarland, Milligan, Burt, Hancock, Johnson, Heinrichs Noes: None Regular Assembly Meeting October 3, 1996 Volume XXI Page 280 Absent: Stevens MOTION CARRIED MILLIGAN, seconded by JOHNSON VOTE ON MOTION Ayes: Unanimous 2. Contract No. 96 -47 Chiniak Tsunami Sirens Installation. Noes: Absent: MOTION CARRIED B. RESOLUTIONS None. C. ORDINANCES FOR INTRODUCTION Regular Assembly Meeting October 3, 1996 moved to award Contract No. 96 -47 to Templeton Electric of Kodiak in an amount not to exceed $7,980. Acting Mayor Carlson said one bid was received. At questions raised by the Assembly, Acting Mayor Carlson clarified that the contract was for installation of two tsunami sirens in Chiniak. Milligan, Burt, Hancock, Johnson, McFarland, Heinrichs None Stevens Unanimous 1. Ordinance No. 96 -09 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.12 Personnel to Reflect Amendments to the Kodiak Island Borough Code of Personnel Rules and Regulations by Ordinance Only. Presented for consideration was Ordinance No. 96 -09 that, if adopted, amended the borough code to reflect that all amendments to the manual of personnel policies and procedures and maintenance of the position classification and pay plans shall be made by ordinance only. CONTRACT NO. 96 -47 RESOLUTIONS ORDINANCES FOR INTRODUCTION ORDINANCE NO. 96 -09 Volume XXI Page 281 MILLIGAN, seconded by HANCOCK Acting Mayor Carlson read a letter from Mayor Selby that requested the Assembly defeat the ordinance. Assemblymember Burt introduced the ordinance but felt he did not have enough time left on the Assembly to properly dispose of it. He favored removing it from the agenda. Assemblymember Milligan thought discussion was worthy as the subject was very complicated and merited discussion to educate the public. He felt the proposed amendment might return policy setting power to the assembly and not be an attempt to micro - manage the administrator. Assemblymember Johnson studied Mayor Selby's recommendation and thought the ordinance was unnecessary. He found the most effective function of the assembly was to establish policy. Assemblymember Burt was of the opinion that there were a series of checks and balances and as elected officials, the assembly represented the people. Assemblymember McFarland remembered that the assembly had previously established job descriptions where now their role was in the budget process when new positions were requested to be filled. He felt the assembly's responsibility was fiduciary in overseeing the budget. He noted that pay plans were negotiated with the union. VOTE ON MOTION TO ADVANCE Ayes: Hancock, McFarland, Milligan, Heinrichs Noes: Burt, Johnson Absent: Stevens MOTION CARRIED 4 ayes, 2 noes 2. Ordinance No. 96 -13 Amending Title 3 Revenue and Finance of the Kodiak Island Borough Code of Ordinances by Amending Section 3.04.051 Facilities Fund. Regular Assembly Meeting October 3, 1996 moved to advance Ordinance No. 96 -09 to public hearing on October 17, 1996. ORDINANCE NO. 96 -13 Volume XXI Page 282 Presented for consideration was Ordinance No. 96 -13 that, if adopted, amended Title 3 to reflect a change in the facilities fund to preserve the fund and maintain its use for property tax relief. Acting Mayor Carlson reported on the need to preserve the fund that was established from the Sale of Shuyak Island for future needs. JOHNSON, seconded by MILLIGAN BURT, seconded by McFARLAND Ayes: Noes: Absent: Stevens Regular Assembly Meeting October 3, 1996 moved to advance Ordinance No. 96 -13 to public hearing on October 17, 1996. move to amend Ordinance No. 96 -13 by deleting item D.1. Assemblymember Burt wanted broader based tax relief. Assemblymember McFarland thought the ordinance should be advanced to public hearing prior to amendments. Assemblymember Milligan had concerns about taxing boats and thought further discussion was needed. Assemblymember Burt felt the ordinance should address school maintenance and not debt service on bonds. VOTE ON MOTION TO AMEND Burt Hancock, Johnson, McFarland, Milligan, Heinrichs MOTION FAILED 1 Aye, 5 Noes Assemblymember Milligan felt positive impacts from the Exxon Valdez Trustee Council purchase of Shuyak Island. He thanked Assemblymember Burt for bringing the ordinance forward. Assemblymember McFarland also thanked Assemblymember Burt and highlighted the changes for the listening audience. Assemblymember Burt noted his recommended changes did not include the debt service on government bonds as that was proposed by staff. Volume XXI Page 283 Following questions on whether the majority of voters meant those on the rolls or those who voted in the election, the topic was deferred to a work session. VOTE ON MOTION TO ADVANCE Ayes: Noes: None Absent: Stevens MOTION CARRIED Unanimous 3. Ordinance No. 96 -14 Establishing an Education Fund by Amending Title 3 Revenue and Finance of the Kodiak Island Borough Code of Ordinances by Adding Section 3.04.052 Education Fund. Presented for consideration was Ordinance No. 96 -14 that, if adopted, amended Title 3 for the purpose of establishing a permanent fund for all education programs as a separate investment fund distinct from all other funds. MCFARLAND, seconded by MILLIGAN MCFARLAND, seconded by MILLIGAN Johnson, McFarland, Milligan, Burt, Hancock, Heinrichs moved to advance Ordinance No. 96 -14 to public hearing on October 17, 1996. Acting Mayor Carlson explained the need to preserve funds for future education needs. moved to amend Ordinance No. 96 -14 by amend the last sentence in A. to read: "The assembly will appropriate an initial investment into the fund of $500,000 and make additional appropriations to the fund at any time by ordinance." Assemblymember McFarland felt that the intent of stating a dollar amount would make a commitment. Assemblymember Burt was concerned that the Borough would never receive the funds. Regular Assembly Meeting October 3, 1996 ORDINANCE NO. 96 -14 Volume XXI Page 284 Assemblymember McFarland understood his concerns, however, he expected the funds would be received and there was a need to provide quality education to the community without impacting the mill rate. Assemblymember Burt noted the endowed chair for the director of the Near Island Research Facility. He contended that did not provide relief to the taxpayers and that was not fair. Assemblymember Milligan considered it similar to the permanent fund that served Alaska residents well. Assemblymember Hancock wanted to maintain consistency by advancing the ordinance to public hearing and offering amendments at that time. She thought the philosophy of expecting funds was good. VOTE ON MOTION TO AMEND Ayes: Noes: Absent: MOTION FAILED Milligan, seconded by BURT McFarland, Milligan, Johnson Burt, Hancock, Heinrichs Stevens 3 ayes, 3 noes moved to amend Ordinance No. 96 -14 by rewording C.3. to read: "An annual contribution towards operating costs of schools, K -12, in the Kodiak Island Borough." Assemblymember Milligan wanted to broaden the use of the funds. He noted that the school district allowed small private schools to piggy -back for lower cost purchases. He wanted to view the education of the whole community. Assemblymember Burt was concerned that the funds ,� 'vi viiiu be obligated uui iity %edCnBc itey6tia%ion5. Assemblymember Hancock again hoped that amendments would come during public hearing. Regular Assembly Meeting October 3, 1996 Volume XXI Page 285 VOTE ON MOTION TO AMEND Ayes: Noes: Absent: Stevens Milligan, Heinrichs Burt, Hancock, Johnson, McFarland MOTION FAILED 2 Ayes, 4 Noes After a ten minute recess at 9:16 p.m., Deputy Presiding Officer Heinrichs reconvened the regular meeting. MILLIGAN, seconded by McFARLAND There was no discussion by the Assembly. VOTE ON MOTION TO AMEND Ayes: Burt, Hancock, Milligan Noes: Johnson, McFarland, Heinrichs Absent: Stevens MOTION FAILED 3 Ayes, 3 Noes VOTE ON MOTION TO ADVANCE Ayes: Hancock, Johnson, McFarland, Milligan, Heinrichs Noes: Burt Absent: Stevens MOTION CARRIED 5 Ayes, 1 No 4. Ordinance No. 96 -15 Rezoning Approximately 11.5 ORDINANCE Acres Within U.S. survey 2261 (Trident Basin NO. 96 -15 Float Plane Facility) From C- Conservation T4 LI- Light Industrial. Presented for consideration was Ordinance No. 96 -15 that, if adopted, rezoned 11.5 acres to be consistent with current and proposed development trends in the area. Regular Assembly Meeting October 3, 1996 move to amend Ordinance No. 96 -14 by adding the word "all" to all the WHEREAS. Volume XXI Page 286 Ordinance No. 96 -15 was advanced to public hearing on October 17, 1996 under consent agenda. D. MILLIGAN, seconded by BURT Assemblymember Milligan noted that the Gear Storage Task Force report of 1989 was a good report. Acting Mayor Carlson deferred to Bob Scholze, Community Development Department associate planner, to read the summary of recommendations on page three. There was no discussion by the Assembly. VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED INFORMATIONAL MATERIALS (No action required) A. OTHER ITEMS 1. Consideration of Implementation of Planning and Zoning Commission's Recommendations on Storage of Commercial Fishing Gear on Rural Residential Property. MINUTES OF OTHER MEETINGS Regular Assembly Meeting October 3, 1996 move to adopt and implement the Planning and Zoning Commission's recommendations on storage of commercial fishing gear on rural residential property. Johnson, McFarland, Milligan, Hancock, Heinrichs Burt Stevens 5 ayes, 1 no 1. Kodiak Island Borough School District Regular Meeting of August 26 and Special Meeting of September 9, 1996. 2. Mental Health Center Board Meeting of Regular Meeting of May 6 and Work Session Notes of June 24 and July 22, 1996. 3. Kodiak Island Hospital and Care Center Board Meeting of August 28, 1996. OTHER ITEMS IMPLEMENTATION OF PLANNING AND ZONING COMMISSION INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS Volume XXI Page 287 B. REPORTS REPORTS 1. Kodiak Island Borough September 1996 Financial Report. 2. Kodiak Island Borough School District August 1996 Financial Report. 3. Mental Health Center Director and Clinical Program Director Reports of September 1996. C. OTHER OTHER 1. Kodiak Island Borough School District Summary of September 1996 Regular Meeting. CITIZENS' COMMENTS CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Milligan focused questions on the siding of the Mental Health Center building as he was receiving comments on the egress on the windows and installation of the siding. Acting Mayor Carlson acknowledged the comments were forwarded and being addressed although he did not know the specifics. Assemblymember Milligan continued by mentioning again Ed Myers' excellent job of managing the hospital. He noted that the comet "Hail Bob" was scheduled to arrive this fall and again in February or March. He noted there were more books on astronomy than on guns in the library. Assemblymember McFarland thanked Mr. Myers. He noted that the irises distributed by Frances Cater were the symbol of hope. Assemblymember Johnson respected Mr. Myers and the staff at the hospital for a facility that was flexible and adaptable. He has seen the community grow and wanted that to continue. Assemblymember Hancock congratulated the winners in the election and thanked all who ran for public office. She encouraged them to consider running again and for other people to consider participating in local government. Regular Assembly Meeting October 3, 1996 Volume XXI Page 288 1 Deputy Presiding Officer Heinrichs congratulated Judi Nielsen and considered the award well- deserved. He appreciated Mr. Myer's leadership at the hospital and had respect for the staff. He noted the orderly transfer of power in the election with three new assemblymembers elected. Deputy Presiding Officer Heinrichs announced that the Assembly would meet in work session on Thursday, October 10 at 7:30 p.m. in the borough conference room; a joint assembly /council work session on Tuesday, October 15 at 7:30 p.m. in the borough conference room; and a regular meeting on Thursday, October 17 at 7:30 p.m. in the assembly chambers. There being no further business to come before the Assembly, the meeting adjourned at 9:42 p.m. ATTEST: l -) Mr! 4 Y- if - ti Donna F. Smith, CMC /AAE Borough Clerk Approved: 11/26/96 Regular Assembly Meeting October 3, 1996 Ga y L. evens P - siding Officer ADJOURNMENT Volume XXI Page 289