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1999-02-18 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting February 18, 1999 A regular meeting of the Kodiak Island Borough Assembly was held February 18, 1999 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 Debbie Vanover of St. James Episcopal Church, followed by the Pledge of Allegiance. There were present: ROLL CALL Mayor: Gary L. Stevens Assemblymembers: Tom Abell Scott Arndt Tuck Bonney Pat Branson Regular Assembly Meeting February 18, 1999 Robin Heinrichs Wayne Stevens Greg Spalinger comprising a quorum of the Assembly; and Linda Freed, Administrative Official Judith A. Nielsen, CMC, Acting Clerk Patti Kirkpatrick, Assistant Clerk APPROVAL OF AGENDA HEINRICHS, moved to approve the seconded by BRANSON agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Regular Meeting of February 4, 1999. REGULAR MEETING APPROVAL OF AGENDA APPROVAL OF MINUTES Volume XXV Page 13 BRANSON, seconded by ARNDT VOTE ON MOTION TO APPROVE MOTION CARRIED AWARDS AND PRESENTATIONS CITIZENS' COMMENTS moved to approve the minutes of February 4, 1999. Unanimous voice vote A. Student of the Month STUDENT OF THE MONTH Administrative Official Freed presented the Student of the Month Award to JoEllen Van Scoyk, a junior at Kodiak High School. B. Spruce Bark Beetle Update SPRUCE BARK BEETLE UPDATE Ed Holstein, U.S. Forest Service entomologist, reported that the spruce log bundles dispersed from Marmot Island posed little threat to Kodiak because the logs were stripped of the bark where the larvae live and were immersed in salt water for an extended period. He was confident that the beetles had not survived and that due to the local climate, Kodiak was unlikely to experience an epidemic similar to Kenai's spruce bark beetle epidemic. Mayor Stevens thanked Mr. Holstein for his report. AWARDS AND PRESENTATIONS CITIZENS' COMMENTS COMMITTEE REPORTS COMMITTEE REPORTS None. 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. 98 -29 Amending Kodiak Island ORDINANCE Borough Code of Ordinances Tile 6 Animals to NO. 98 -29 Require Owner Control of All Dogs. Regular Assembly Meeting February 18, 1999 PUBLIC HEARING Volume XXV Page 14 Presented for consideration was Ordinance No. 98 -29 that, if adopted, amended the code to allow the animal control officer to legally pick up and impound loose dogs in the Borough. BONNEY, moved to adopt Ordinance seconded by ARNDT No. 98 -29. STEVENS, seconded by ARNDT VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED Regular Assembly Meeting February 18, 1999 moved to amend Ordinance No. 98 -29 by substitution. Abell, Arndt, Bonney, Branson, Heinrichs, Spalinger, Stevens None Unanimous Administrative Official Freed provided an overview of the ordinance. Mayor Stevens opened the public hearing. Donald Fox felt the ordinance would reduce the number of dog bites and the killing of other animals by stray dogs. Jennifer Gaadt phoned to say she felt unrestrained dogs were a hazard to young children who could not tell the difference between a bad dog and a good dog. Brenda McKinley phoned to speak in favor. Wes Westbrook also favored the ordinance. Sid Pruitt did not feel that enforcing animal control was a Borough responsibility. He allowed his dogs to roam to protect his property from bears. Larry Van Daele, wildlife biologist, said free - roaming dogs were different than those with their Volume XXV Page 15 owners as loose dogs tended to run in packs and were potentially dangerous to other animals and people. Helen Gentry phoned to say that she purchased a home on three acres in Monashka Bay and she wanted her dog to roam her property without fear of being picked up by the animal control officer. Mayor Stevens clarified that the ordinance allowed dogs to be loose on its owner's property or an adjacent property with that owner's permission. Lisa Marcato phoned to say that unrestrained dogs were a public nuisance. She remembered when an uncontrolled dog chased and killed her pet. Leonard Heglin said the ordinance should require leash control as not all dogs responded well to voice command. Leslee Zeloof phoned to say that she felt owners were responsible for their dogs and people should be able to work out concerns without involving the Borough. Kathie Lopez introduced her dog Darby to show that large dogs were intimidating, especially to children. She favored the ordinance but thought the definitions were unclear. She felt people were uncomfortable walking and jogging in neighborhoods with loose dogs. Alex Peterson phoned to say that he had observed the animal control officer choosing which dogs to pick up and they were usually not vicious or dangerous dogs. Brenda Schwantes phoned. As a former village public safety officer (VPSO), she asked if the ordinance applied to the villages. Ms. Freed said the ordinance applied to Karluk; however, the other villages had animal control ordinances that applied. Ms. Schwantes was concerned at the lack of village support for the VPSO when picking up loose dogs. Jeanie Wartman phoned to ask how the ordinance would affect hunting dogs, as hunting dogs were not always in the immediate control of their owner. Regular Assembly Meeting February 18, 1999 Volume XXV Page 16 Assemblymember Arndt clarified that immediate control included voice control. Ms. Freed thought that most hunting dogs responded to voice control. Chaz Glagolich phoned to say that he enjoyed watching neighborhood dogs and felt they kept the bears away. Seeing and hearing no further public testimony, Mayor Stevens reconvened the regular meeting. Assemblymember Arndt appreciated the public comments. He did not favor a leash law similar to the city's as he felt the Borough was more diverse than the City. In response to Assemblymember Heinrichs, Ms. Freed said there was a broader definition of "vicious animal" elsewhere in the code. Assemblymember Heinrichs felt this would protect animal owners from being victimized by the system. In response to Assemblymember Bonney, Mayor Stevens said hunting dogs were not a separate issue as they were under some form of owner control. Assemblymember Abell felt this would stop the animal control officer from enticing dogs out of yards. Assemblymember Branson thought the ordinance was fair. She appreciated the public comments. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: MOTION CARRIED Regular Assembly Meeting February 18, 1999 Arndt, Bonney, Branson, Heinrichs, Spalinger, Stevens, Abell None Unanimous Volume XXV Page 17 MESSAGES FROM THE BOROUGH MANAGER Ms. Freed said the names of three appraisers and a draft RFP were forwarded to Chuck Stauffer of the Veterans of Foreign Wars (VFW), and she hoped to have a response soon. MESSAGES FROM THE BOROUGH MAYOR Mayor Stevens announced that the Juneau legislative reception was canceled. He reminded the Assembly of goals and objectives at 9:00 a.m. on Saturday, February 20. The group photo session was canceled. OLD BUSINESS A. Vacation of the twenty foot wide portions of Selief Lane and Beaver Lake Drive, as indicated on the preliminary plat, for the creation of Lots 4 -14, Block 1, and Block 2, Selief Estates. (Selief Lane, Beaver Lake Drive, and Von Scheele Way) The motion to approve the vacation of the twenty foot wide portions of Selief Lane and Beaver Lake Drive, as indicated on the preliminary plat, for the creation of Lots 4 -14, Block 1, and Block 2, Selief Estates (Selief Lane, Beaver Lake Drive, and Von Scheele Way) was before the Assembly. Assemblymember Arndt's motion to postpone to March 4, 1999, failed for lack of a second. BONNEY, seconded by HEINRICHS VOTE ON MOTION TO AMEND Ayes: Regular Assembly Meeting February 18, 1999 moved to amend the motion by adding the words: "and direct staff to finalize the approved preliminary plat". Bonney, Branson, Heinrichs, Spalinger, Stevens, Abell, Arndt MESSAGES FROM THE MANAGER MESSAGES FROM THE MAYOR OLD BUSINESS SELIEF ESTATES VACATION Volume XXV Page 18 Noes: None MOTION CARRIED Unanimous Ms. Freed asked for a brief recess in order to secure the map outlining the vacation. After a five minute recess at 8:54 p.m., Mayor Stevens reconvened the regular meeting. Ms. Freed provided an update and referred to the map to outline the boundaries of the vacation and access to the property from the Selief Lane extension. Assemblymember Arndt appreciated the map. He wanted the 60 foot easement extended to 100 feet to allow for a bike path and sidewalks. Selief Lane was a busy road and pedestrians walking in the roadway created a hazard. He spoke against the vacation. Assemblymember Spalinger was not against subdividing and selling the property; however, he felt the easement would constrict Selief Lane. Ms. Freed had researched similar vacations in other communities and found that a narrower right -of -way decreased the speed of traffic. She said the 60 foot easement was more than adequate for Selief Lane. Assemblymember Stevens had also researched the vacation and found that a reduced roadway could reduce the speed of traffic. In response to Assemblymember Branson, Ms. Freed said the property on the corner of Selief Lane and Von Scheele Way was privately owned. The non - residential property across the street on Selief Lane was owned by the City and the City had approved the vacation. VOTE ON MOTION TO APPROVE AS AMENDED Ayes: Branson, Heinrichs, Stevens, Abell, Bonney Noes: Spalinger, Arndt Regular Assembly Meeting February 18, 1999 Volume XXV Page 19 MOTION CARRIED 5 Ayes, 2 Noes NEW BUSINESS NEW BUSINESS A. CONTRACTS CONTRACTS None. B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 99 -04 Supporting the Kodiak RESOLUTION District - Alaska State Park's Grant NO. 99 -04 Application to the Alaska Recreational Trails Program for Funding Improvements to the Lake Gertrude Trail at Fort Abercrombie State Historic Park. Presented for consideration was Resolution No. 99 -04 that, if adopted, urged the Trails and Recreational Access for Alaska Board to fund the request for improvements to the Lake Gertrude Trail. BRANSON, moved to adopt Resolution seconded by STEVENS No. 99 -04. Ms. Freed said the resolution supported the grant request to complete the Lake Gertrude trail that tied in with the Borough trails and the bike path. She hoped to obtain a $50,000 grant to complete the bike path from Ft. Abercrombie to East Elementary School, Main Elementary School, and Kodiak High School. Assemblymember Branson was pleased that the Borough was working to expand the trail system. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Regular Assembly Meeting February 18, 1999 Heinrichs, Spalinger, Stevens, Abell, Arndt, Bonney, Branson None Unanimous Volume XXV Page 20 C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS 1. EDA Grant for the Mark Air Terminal. EDA GRANT MARK AIR TERMINAL STEVENS, seconded by BONNEY moved to accept the Economic Development Administration (EDA) grant for the Mark Air terminal. Ms. Freed said the Borough had applied for and was awarded a 50/50 matching EDA grant of $800,000. Assemblymember Stevens saw the Borough held hostage by an agency that was not wiling to follow through. Assemblymember Heinrichs favored economic development but did not feel this was economically viable. Assemblymember Arndt also favored economic development; however, he noted there was no assembly discussion prior to applying for the grant. Assemblymember Branson appreciated staff time pursing the grant but felt it was not in the community's best interest to accept the grant at this time. Assemblymember Abell was disappointed that the Assembly was left out of the grant application process as he felt the project had merit. VOTE ON MOTION TO ACCEPT Ayes: None Noes: Spalinger, Stevens, Abell, Arndt, Bonney, Branson, Heinrichs MOTION FAILED Unanimous Regular Assembly Meeting February 18, 1999 ORDINANCES FOR INTRODUCTION OTHER ITEMS Volume XXV Page 21 Mayor Stevens asked that staff write a letter declining the grant. HEINRICHS, seconded by ARNDT VOTE ON MOTION TO APPOINT Ayes: Noes: MOTION CARRIED INFORMATIONAL MATERIALS (No action required A. 2. Appointment to Monashka Bay Road Service Area Board. MINUTES OF OTHER MEETINGS 1. Womens Bay Service Area Board Meetings of July 27 and December 7, 1998. 2. Providence Kodiak Island Mental Health Center Advisory board Meeting of November 23, 1998. 3. Parks and Recreation Committee Regular Meeting of January 25, 1999. 4. Kodiak Area Transit System Advisory Committee Meetings of August 24 and December 17, 1998. 5. Planning and Zoning Commission Regular Meeting of December 16, 1998. 6. Monashka Bay Road Service Area Board Meetings of March 18, 1998 and February 2, 1999. Regular Assembly Meeting February 18, 1999 moved to appoint Jack L. McFarland to a two -year seat on the Monashka Bay Road Service Area Board to expire December 31, 2001. Stevens, Abell, Arndt, Bonney, Branson, Heinrichs, Spalinger None Unanimous APPOINTMENT TO MONASHKA BAY ROAD SERVICE AREA BOARD INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS Volume XXV Page 22 B. REPORTS REPORTS 1. Providence Kodiak Island Mental Health Center Fiscal Year 1999 Second Quarter Narrative Report. 2. Director's Report to the Providence Kodiak Mental Health Center Advisory Board. 3. Providence Kodiak Island Mental Health Center Clinicians in the School Program for November and December 1998. 4. Kodiak Area Transit System Report for December 1998. 5. Kodiak Island Borough School District Board of Education Summary of January 25, 1999. C. OTHER None. CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Branson congratulated JoEllen Van Scoyk as Student of the Month. She thanked Ms. Freed and Assemblymember Bonney for their efforts to move the VFW forward to resolution. Assemblymember Bonney asked that the Service Area No. 1 Board place a stop sign at the intersection of Curlew Way and Puffin Drive as the increased traffic from the new housing development created a dangerous intersection. Assemblymember Stevens also congratulated JoEllen. He thanked Chris Lynch, Engineering /Facilities Department Director, and staff for their efforts on the Mark Air terminal. Assemblymember Heinrichs also congratulated JoEllen. Assemblymember Abell invited the public to attend work sessions and participate in the budget process. Regular Assembly Meeting February 18, 1999 OTHER CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Volume XXV Page 23 As a member of the Service Area No. 1 Board, Assemblymember Arndt responded to Assemblymember Bonney that a stop sign was purchased and would be installed as soon as weather permitted. In response to Assemblymember Arndt, Ms. Freed said it was unlikely that the Kodiak Area Transit System could continue to operate after June 30 without Borough funding. She said staff was reviewing other funding options including grants. She would provide a detailed update at the March 11 work session. Mayor Stevens announced that the Assembly would meet in goals and objectives on Saturday, February 20 at 9:00 a.m. in the borough conference room; a work session on Thursday, February 25, at 7:30 p.m. in the borough conference room; and a regular meeting on Thursday, March 4, at 7:30 p.m. in the assembly chambers. EXECUTIVE SESSION A. Threatened Litigation by HTE. THREATENED LITIGATION BY HEINRICHS, moved to convene into HTE seconded by ARNDT executive session to discuss threatened litigation by HTE. VOTE ON MOTION TO CONVENE Ayes: Noes: MOTION CARRIED Abell, Arndt, Bonney, Branson, Heinrichs, Spalinger, Stevens None Unanimous Mayor Stevens asked Borough attorney Alan Schmitt and staff to join the Assembly in executive session. Mayor Stevens recessed the regular meeting at 9:30 p.m. Regular Assembly Meeting February 18, 1999 EXECUTIVE SESSION Volume XXV Page 24 Mayor Stevens reconvened the regular meeting at 10:20 p.m. He announced that no action would be taken as a result of the executive session. There being no further business to come before the ADJOURNMENT Assembly, the meeting adjourned at 10:20 p.m. ATTEST: Donna F. Smith, CMC /AAE Borough Clerk Regular Assembly Meeting February 18, 1999 Gar: L. Stevens, Ma or APPROVED: 04/01/99 Volume XXV Page 25