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2000-12-07 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting December 7, 2000 A regular meeting of the Kodiak Island Borough Assembly was held December 7, 2000 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 Captain Davis of the Salvation Army, followed by the Pledge of Allegiance. There were present: Assemblymembers: Tom Abell Greg Razo Tuck Bonney Wayne Stevens Pat Branson Darlene Turner Robin Heinrichs Absent: Mayor Gary L. Stevens comprising a quorum of the Assembly; and Pat Carlson, Administrative Official Patti Kirkpatrick, Deputy Clerk Marian Royall, Revenue Accountant Director APPROVAL OF AGENDA RAZO, seconded by W. STEVENS W. STEVENS, seconded by BRANSON VOTE ON MOTION TO AMEND MOTION CARRIED moved to approve the agenda. moved to amend the agenda to add item 16. EXECUTIVE SESSION A. Pending Litigation with A -K Construction. Unanimous voice vote VOTE ON MOTION TO APPROVE AS AMENDED MOTION CARRIED Unanimous voice vote REGULAR MEETING ROLL CALL APPROVAL OF AGENDA Regular Assembly Meeting Volume XXVI December 7, 2000 Page 171 APPROVAL OF APPROVAL OF MINUTES MINUTES 1. Kodiak Island Borough Assembly Regular Meeting of November 2, 2000. BRANSON, moved to approve the seconded by TURNER minutes of November 2, 2000. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote AWARDS AND AWARDS AND PRESENTATIONS PRESENTATIONS A. Student of the Month STUDENT OF THE MONTH Deputy Mayor Heinrichs presented the Student of the Month Award for November to LaToya Lukin, a junior at Port Lions School. CITIZENS' COMMENTS CITIZENS' COMMENTS Stacy Studebaker, Kodiak Rocket Launch Information Group, wondered why no assemblymembers attended the Strategic Target Systems (STARS) meeting on November 30. She was concerned that the modified missiles were potentially harmful to the environment and wanted the Borough to take an active role in protecting the environment. Deputy Mayor Heinrichs denied Dave Golam's request to give his citizens' comment time to Ms. Studebaker. Jim Ashford, Alaska Marine Highway System contract agent, urged the Assembly to postpone Resolution No. 2000-35. He had no problem with home porting the M/V Tustemena in Kodiak, but was concerned that if the vessel was sent down the Aleutian chain that there would be no benefit to Kodiak communities. He felt that Kodiak should look first to servicing the villages on Kodiak Island. Murphy Forner, Kodiak Island Convention and Visitor's Bureau Director, supported Ordinance No. 2000-06. He asked the Assembly for an amendment to include language for an appeal process for affected businesses. He said businesses did not impose the tax, but collected the tax for the Borough. Regular Assembly Meeting Volume XXVI December 7, 2000 Page 172 COMMITTEE REPORTS COMMITTEE REPORTS Phil Cline, Providence Kodiak Island Hospital Administrator, provided a hospital update noting that September was strong, October broke even, and November lost $93,000. The borough's portion should be available in April or May per the agreement. The hospital was in the process of providing oral surgeries, a new service to local residents. Deputy Mayor Heinrichs thanked Mr. Cline, stating he was pleased with the ongoing relationship with the hospital. PUBLIC HEARING PUBLIC HEARING A. Ordinance No. 2000-17 Determining the Disposition of Tax Foreclosed Properties from ORDINANCE 1998 and Prior Tax Years. NO. 2000-17 TURNER, moved to adopt Ordinance seconded by BRANSON No. 2000-17. Manager Jensen said Planning and Zoning Commission review of the properties resulted from the conveyance of the properties to the Borough due to non-payment of taxes. The Commission recommended the Woody Island parcel be declared public use; the Mission Road parcel be undeclared for public purpose; and the four parcels on Mission Road be declared not to be of a public need and be offered at a future land sale. Deputy Mayor Heinrichs called for public testimony; hearing and seeing none, he reconvened the regular meeting. VOTE ON MOTION TO ADOPT Ayes: Abell, Bonney, Branson, Heinrichs, Razo, W. Stevens, Turner Noes: None MOTION CARRIED Unanimous B. Ordinance No. 2000-18 Amending Kodiak Island ORDINANCE Borough Code of Ordinances Title 8 Health and NO. 2000-18 Safety, Chapter 8.04 Hospital and Health Facilities Advisory Board, Section 8.04.010 Create --Membership to Clarify Board Member Qualifications. Regular Assembly Meeting Volume XXVI December 7, 2000 Page 173 BRANSON, moved to adopt Ordinance seconded by RAZO No. 2000-18. Deputy Clerk Kirkpatrick said the ordinance requested by Mr. Cline created consistency in qualifications for members serving on the Hospital Advisory Board and the Mental Health Center Advisory Board. Deputy Mayor Heinrichs called for public testimony; hearing and seeing none, he reconvened the regular meeting. Assemblymember W. Stevens said the Hospital Advisory Board agreed with the recommended language. VOTE ON MOTION TO ADOPT Ayes: Bonney, Branson, Heinrichs, Razo, W. Stevens, Turner, Abell Noes: None MOTION CARRIED Unanimous C. Ordinance No. 2000-19 Calling for a Special ORDINANCE Election on February 20, 2001, for the Purpose NO. 2000-19 of Electing the Kodiak Island Borough Mayor for a Term to Expire October, 2001. TURNER, moved to adopt Ordinance seconded by BRANSON No. 2000-19. Deputy Clerk Kirkpatrick said Mayor Stevens submitted his resignation and the Assembly declared the seat vacant. Borough Code required a special election if a vacancy occurred more than six months prior to a regular election. This ordinance set the special election date of February 20, 2001 to be conducted within the guidelines of a regular election. Deputy Mayor Heinrichs called for public testimony; hearing and seeing none, he reconvened the regular meeting. VOTE ON MOTION TO ADOPT Ayes: Branson, Heinrichs, Razo, W. Stevens, Turner, Abell, Bonney Regular Assembly Meeting Volume XXVI December 7, 2000 Page 174 Noes: None MOTION CARRIED Unanimous BOROUGH MANAGER'S REPORT Administrative Official Carlson was preparing a grant on the Stellar sea lion impacts to local fisheries. He invited the Assembly to attend the Funding Summit Conference December 11 and 12. MESSAGES FROM THE BOROUGH MAYOR None. UNFINISHED BUSINESS MANAGER'S REPORT MESSAGES FROM THE MAYOR UNFINISHED BUSINESS A. Ordinance No. 2000-06 Amending Title 3 Revenue ORDINANCE and Finance Chapter 3.30 Transient NO. 2000-06 Accommodations Tax of the Kodiak Island Borough Code of Ordinances to Reflect Necessary Changes. The motion to adopt Ordinance No. 2000-06 was before the Assembly. Mr. Carlson thanked staff for preparing an ordinance that clarified terms, procedures, and timely filing. He said, at the request of the Assembly, language for an appeal process was added to the ordinance. TURNER, seconded by BRANSON moved to amend Ordinance No. 2000-06 by adding to Section 3.30.010 the words: "Any business may appeal the decision of the finance director regarding the levy of this tax pursuant to 3.30.180 (d) ." Assemblymember W. Stevens read Code section 3.30.180(d) into the record. VOTE ON MOTION TO AMEND Ayes: Heinrichs, Razo, W. Stevens, Turner, Abell, Bonney, Branson Noes: MOTION CARRIED None Unanimous Regular Assembly Meeting Volume XXVI December 7, 2000 Page 175 VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: MOTION CARRIED Razo, W. Stevens, Bonney, Branson, Heinrichs Abell 6 Ayes, 1 No Turner, NEW BUSINESS NEW BUSINESS A. CONTRACTS CONTRACTS 1. Contract No. 2000-34 Architect and CONTRACT Engineering Services for the Construction NO. 2000-34 Design for the Replacement of the Kodiak High School Building Roof, the VocEd Building Roof, and the Alternative School Building Roof. W. STEVENS, moved to approved seconded by BRANSON Contract No. 2000-34 with Jensen, Yorba and Lott, Inc. in an amount not to exceed $123,800. Mr. Carlson said the courtyard and ingress/egress issues were part of the preliminary report that was expected soon. Manager Jensen would provide an update at the next work session. VOTE ON MOTION TO APPROVE Ayes: W. Stevens, Turner, Abell, Bonney, Branson, Heinrichs, Razo Noes: None MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 2000-35 Requesting the RESOLUTION Alaska Department of Transportation and NO. 2000-35 Public Facilities to Establish the Homeport for the M/V Tustemena as Kodiak and Increase the Frequency of Service Between Homer and Kodiak and Communities along the Alaska Peninsula and Aleutian Islands as soon as practicable. Regular Assembly Meeting Volume XXVI December 7, 2000 Page 176 TURNER, moved to adopt Resolution seconded by BRANSON No. 2000-35. Mr. Carlson said the resolution was in response to a similar resolution passed by the Southwestern Alaska Municipal Conference. Although he did not know the specific benefits of homeporting the M/V Tustemena in Kodiak, he felt this would provide better ferry service to Kodiak and the Aleutian chain. Assemblymember Razo appreciated Mr. Ashford's comments previously in the meeting. RAZO, seconded by TURNER VOTE ON MOTION TO AMEND Ayes: moved to amend Resolution No. 2000-35 in by replacing all reference to the words: "between Homer and Kodiak Communities" with the words: "between Homer, Kodiak, Kodiak Communities, and Communities". Turner, Abell, Bonney, Branson, Heinrichs, Razo, W. Stevens Noes: None MOTION CARRIED Unanimous Assemblymember Razo felt that increasing access to southwestern communities was positive. He wondered if the Alaska Marine Highway System could look into village stops. Assemblymember W. Stevens said the amendment accommodated Mr. Ashford's request. He felt the resolution was timely and a second resolution could address village stops. Assemblymember Abell concurred, but wanted further discussion on amendments. He was concerned that travel down the Aleutian chain would take time away from Kodiak. ABELL, moved to postpone seconded by BONNEY Resolution No. 2000-35 to December 21, 2000. Regular Assembly Meeting Volume XXVI December 7, 2000 Page 177 Assemblymember Abell was concerned that key people involved in the ferry system were not contacted and it was important to obtain everyone's input. VOTE ON MOTION TO POSTPONE Ayes: Abell, Bonney, Branson, Heinrichs, Razo, W. Stevens, Turner Noes: None MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 2000-20 Rezoning Lots 1A -12B, Block 1, and Lots 1-6, and Lots 19- 24, Block 2, and Lots 1-8, Block 3, Island Lake Subdivisions; and Lots 7A, 72, 7C, and 8, Block 1, Miller Point Subdivision 1sT Addition FROM R1 -Single Family Residential TO R2 -Two Family Residential (Generally located along Island Lake Road, Arctic Tern Street, Kittiwake Street, and Ptarmigan Pass Street). TURNER, moved to adopt Ordinance seconded by BONNEY No. 2000-20 in first reading to advance to public hearing on December 21, 2000. Mr. Carlson said Interim Community Development Director Bob Scholze was available to answer questions. In response to Assemblymember W. Stevens, Mr. Scholze said twelve lots met the minimum requirement of 7,200 square feet. The other lots were nonconforming; however, R2 homes could be built as long as parking requirements were met. In response to Assemblymember Heinrichs, Mr. Scholze noted the right-of-way widths of 40 feet in the area were substandard, as Borough Code required 60 feet. VOTE ON MOTION TO ADVANCE Ayes: Regular Assembly Meering December 7, 2000 Bonney, Branson, Heinrichs, Razo, W. Stevens, Turner, Abell ORDINANCES FOR INTRODUCTION ORDINANCE NO. 2000-20 Volume XXVI Page 178 Noes: None MOTION CARRIED Unanimous 2. Ordinance No. 2000-21 Rezoning Lot 1, U. S. ORDINANCE Survey 3098 From PL -Public Use Lands To B- NO. 2000-21 Business (Located at 1827 Mill Bay Road). BRANSON, moved to adopt Ordinance seconded by W. STEVENS No. 2000-21 in first reading to advance to public hearing on December 21, 2000. Mr. Carlson said the rezone would bring the property in compliance with current code requirements. VOTE ON MOTION TO ADVANCE Ayes: Branson, Heinrichs, Razo, W. Stevens, Turner, Abell, Bonney Noes: None MOTION CARRIED Unanimous D. OTHER ITEMS OTHER ITEMS 1. Service Area No. 1 Board Member SERVICE AREA NO. Resignation. 1 BOARD MEMBER RESIGNATION BRANSON, moved to accept, with seconded by W. STEVENS regret, the resignation of Robert Casey from the Service Area No. 1 Board and direct the Borough clerk to advertise the vacancy per Borough Code. Deputy Clerk Kirkpatrick said Mr. Casey moved to the City and submitted his resignation. VOTE ON MOTION TO ACCEPT Ayes: Heinrichs, Razo, W. Stevens, Turner, Abell, Bonney, Branson Noes: None MOTION CARRIED Unanimous Regular Assembly Meeting Volume XXVI December 7, 2000 Page 179 2. Moving Expenses for Community Development MOVING EXPENSES Department Director. FOR COMMUNITY DEVELOPMENT RAZO, moved to authorize actual DIRECTOR seconded by BRANSON moving expenses not to exceed the equivalent of one month's salary for the Community Development Director. Mr. Carlson said moving expenses were authorized in the Borough personnel policy manual. He said the expenses would be repaid in the event of severance. VOTE ON MOTION Ayes: Razo, W. Stevens, Turner, Abell, Bonney, Branson, Heinrichs Noes: None MOTION CARRIED Unanimous CITIZENS' COMMENTS CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Razo spent November traveling and learning about how government works. He noted the newly elected official's seminar he attended in Juneau was informative on issues that Kodiak was facing. He was pleased to learn of Kodiak's active role with other southwestern communities in voicing concerns on present and future projects. Assemblymember Turner congratulated the student of the month, noting her accomplishment of graduating early. She felt Mr. Ashford's comments were well taken and urged everyone to look at the big picture of what was best not only for Kodiak, but for all of southwest Alaska. She said southwest communities would face tough times with the sea lion fishery closures and that they should work for the betterment of all, not just Kodiak. She attended the Alaska Municipal League (AML) conference in Juneau and the Southwest Alaska Conference (SWAMC) in Anchorage. She hoped the knowledge she gained would help her to better represent Kodiak. Regular Assembly Meeting Volume XXVI December 7, 2000 Page 180 Assemblymember Branson congratulated the student of the month and thanked Mr. Cline for his faithful reports on the hospital. She was pleased with the continued and new services offered to the community. Assemblymember Heinrichs said the National Marine Fisheries Service (NMFS) report to Judge Zilly was the topic of discussion at SWAMC. He suggested the Assembly and City Council unite to respond to challenges presented as a result of the report. ANNOUNCEMENTS ANNOUNCEMENTS Deputy Mayor Heinrichs announced that the Assembly would meet in a work session on Thursday, December 14 at 7:30 p.m. in the Borough conference room; a joint Assembly/City Council work session on Tuesday, December 19 at 7:30 p.m. in the Borough conference room; and a regular meeting on Thursday, December 21, at 7:30 p.m. in the assembly chambers. He announced that nominating petitions for the Mayoral election would be available in the clerk's office on Monday, December 18, 2000. EXECUTIVE EXECUTIVE SESSION SESSION A. Pending Litigation with A -K Construction. PENDING LITIGATION WITH RAZO, moved to convene into A -K CONSTRUCTION seconded by BRANSON executive session to discuss Pending Litigation with A -K Construction. VOTE ON MOTION Ayes: W. Stevens, Turner, Abell, Bonney, Branson, Heinrichs, Razo Noes: None MOTION CARRIED Unanimous At 8:43 p.m. Deputy Mayor Heinrichs recessed the regular meeting to convene into executive session. He asked the Borough Administrative Official Deputy Borough clerk to join the executive session. Regular Assembly Meeting Volume XXVI December 7, 2000 . Page 181 At 9:02 p.m. Deputy Mayor Heinrichs reconvened the regular meeting and announced that no action would be taken as a result of the executive session. ADJOURNMENT ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 9:02 p.m. Robin Heinrichs Deputy Mayor ATTEST: Judith A. Ni , CMC Approved: 01/04/2001 Borough Clerk Regular Assembly Meeting Volume XXVI December 7, 2000 Page 182