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2001-03-15 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held March 15, 2001 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. There were present: Mayor: Gabrielle LeDoux Assemblymembers: Tuck Bonney Robin Heinrichs Greg Razo Absent: Tom Abell Pat Branson comprising a quorum of the Assembly; and Dave Jensen, Manager Judi Nielsen, Borough Clerk Patti Kirkpatrick, Deputy Clerk TURNER, seconded by RAZO VOTE ON MOTION TO EXCUSE MOTION CARRIED APPROVAL OF AGENDA HEINRICHS, seconded by BONNEY VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES 1. Kodiak Island Borough March 1, 2001. RAZO, seconded by TURNER Regular Assembly Meeting March 15, 2001 KODIAK ISLAND BOROUGH Regular Assembly Meeting March 15, 2001 Wayne Stevens Darlene Turner moved to excuse Assemblymembers Abell Branson. Unanimous voice vote moved to approve the agenda. Unanimous voice vote Assembly Regular Minutes moved to approve the minutes as submitted. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote AWARDS AND PRESENTATIONS A. Student of the Month Mayor LeDoux presented the Student of the Month Award Ayesha Malmberg, a senior at Kodiak High School. and of to REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES AWARDS AND PRESENTATIONS STUDENT OF THE MONTH Volume XXVI Page 241 CITIZENS' COMMENTS Bruce Schactler asked the Assembly to support Senate Joint Resolution No. 15 introduced by Senator Austerman. He submitted letters and resolutions of support to the clerk. Michael Martin favored the United Fishermen of Alaska (UFA) funding request. He said UFA, comprised of many different fishing groups including Alaska Groundfish and Data Bank and the Alaska Draggers Association, could provide crucial information to the Assembly. Joe Macinko said members of UFA worked together to provide valuable information to the community. COMMITTEE REPORTS Phil Cline, Providence Kodiak Island Hospital Administrator, reported operating gains of $174,000 in January and $73,000 in February, which were ahead of the 2001 projected budget. The Financial Assistance Program would be expanded to benefit those with no insurance or those underinsured. He hoped to double the number of applicants and approvals over the next year. In response to Assemblymember Stevens, Mr. Cline said the overall percentage of financial assistance write -offs were 20 %, of which $600,000 could be directly attributed to no insurance or underinsured. In response to Assemblymember Heinrichs, Mr. Cline said he hoped to have an ophthalmologist and podiatrist at the specialty clinic to primarily benefit the elderly. Assemblymember Razo reported that the School District Budget Review Committee was concerned about special services, special education needs, and technology services. An increase in special education students at the middle school was expected to create a need for additional staff. He said Mr. Larry LeDoux's impressive technology presentation made the need clear for planning, buying, upgrading, and replacing school technology to ensure that students were technologically competitive. Assemblymember Turner said the Providence Kodiak Island Mental Health Center Advisory Board approved the director's job description. She attended the Kodiak Launch Complex Advisory Group meeting where discussion focused on the upcoming launch. They also discussed the status of the Army's environmental assessment and asked the manager to provide a copy of the assessment to the Assembly. She attended the Alaska Municipal League's (AML) Land Development Committee teleconference and discussed the proposed gas pipeline bill. She noted this would be discussed at the upcoming AML conference in Juneau. PUBLIC HEARING A. Ordinance No. 2001 -06 Amending Kodiak Island Borough Code Title 12 Streets and Sidewalks and Amending Title 16 Subdivision Chapter 16.80 Standards for Road Improvements Section 16.80.090 Signs, Subdivisions, and Road Names to Establish a Process for Changing Road and Street Names. Regular Assembly Meeting March 15, 2001 CITIZENS' COMMENTS COMMITTEE REPORTS PUBLIC HEARING ORDINANCE NO. 2001 -06 Volume XXVI Page 242 HEINRICHS, moved to adopt Ordinance seconded by TURNER No. 2001 -02. Manager Jensen said the ordinance amended KIBC Title 16 to be consistent with Title 12. The Planning and Zoning Commission found the amendments appropriate and necessary, and he recommended adoption. Mayor LeDoux called for public testimony; hearing and seeing none, she reconvened the regular meeting. VOTE ON MOTION TO ADOPT Ayes: Bonney, Heinrichs, Razo, Stevens, Turner Noes: None Absent: Abell, Branson MOTION CARRIED Unanimous BOROUGH MANAGER'S REPORT Manager Jensen expected the Architect's 95% high school roof design to be completed by March 16. The project was on track for work to commence the day after school was out for the summer break. MESSAGES FROM THE MESSAGES FROM THE BOROUGH MAYOR MAYOR Mayor LeDoux was pleased to work with the Assembly and appreciated their help with meeting protocol. She congratulated the Special Olympics Team on their gold medal in floor hockey. She congratulated Clerk Nielsen on her appointment as Treasurer for the Alaska Association of Municipal Clerks (AAMC). She credited Clerk Nielsen with helping her to conduct a smooth meeting. She congratulated Rick Leland and the staff at Safe Harbor on their recent accreditation concerning the Children and Adolescent Outpatient Program and the Adult Residential and Outpatient Program. She congratulated Dr. Lydia Black, St. Herman's Seminary archivist, on her award from the Russian Federation citing her for strengthening relations and building friendships between Russia and America. Senator Austerman's office sent her information on a petition filed by the state with the Federal Communications Commission (FCC) to allow rural residents to use the Internet without long distance. She would send a letter of support and said the FCC would take public comments through April 16. She encouraged outlying residents to contact their legislators supporting this petition. She urged residents to contact Senator Austerman and Representative Stevens in support of efforts to increase the educational formula funding. Regular Assembly Meeting March 15, 2001 BOROUGH MANAGER'S REPORT Volume XXVI Page 243 She congratulated Stosh Anderson on his nomination by Governor Knowles to the North Pacific Fisheries Management Council (NPFMC). She said fishing was the lifeblood of Kodiak and it was important to be award of fishing issues. She would attend the NPFMC's April meeting in Anchorage to gather information on fishing impacts to our community. UNFINISHED BUSINESS None. NEW BUSINESS A. CONTRACTS None. B. RESOLUTIONS 1. Resolution No. 2001 -18 Establishing Citizens Board of Equalization Dates for the Year 2001. NO. 2001 -18 RAZO, moved to adopt Resolution seconded by TURNER No. 2001 -18. Manager Jensen said the Board of Equalization (BOE) determined equalization on properties brought before the Board by appellants. The meeting was scheduled for May 21, 2001 at 7:30 p.m. in the assembly chambers. He advised the tax delinquent date, set by resolution, was October 15, 2001. VOTE ON MOTION Ayes: Bonney, Heinrichs, Razo, Stevens, Turner Noes: None Absent: Abell, Branson MOTION CARRIED Unanimous 2. Resolution No. 2001 -19 Requesting Fiscal Year RESOLUTION 2002 Safe Communities Funding From the State of NO. 2001 -19 Alaska Department of Economic Development. TURNER, moved to adopt Resolution seconded by BONNEY No. 2001 -19. Manager Jensen said this was required to receive safe communities funding from the State of Alaska. In response to Assemblymember Stevens, Manager Jensen said the anticipated receipt of $75,000 from the state was down from last year. He said the highest funds received for safe communities was $400,000. Assemblymember Stevens noted this typified what was happening throughout the state where communities were asked to do more with less despite loss of revenue. He was frustrated by the lack of funding from the state, especially regarding education, which was a state mandated power. Assemblymember Razo concurred, noting that in order to have a safe community, they would need more state funding. Regular Assembly Meeting March 15, 2001 UNFINISHED BUSINESS NEW BUSINESS CONTRACTS RESOLUTIONS RESOLUTION Volume XXVI Page 244 He noted the Borough was being forced to do whatever it took to meet the community's needs. VOTE ON MOTION TO ADOPT Ayes: Heinrichs, Razo, Stevens, Turner, Bonney Noes: None Absent: Abell, Branson MOTION CARRIED Unanimous 3. Resolution No. 2001 -20 Supporting the Recommendations RESOLUTION of Governor Knowles' Education Funding Task Force. NO. 2001 -20 HEINRICHS, moved to adopt Resolution seconded by STEVENS No. 2001 -20. Assemblymember Razo said this was recommended by the Governor's Education Funding Task Force and the Municipality of Anchorage recently adopted a similar resolution. The resolution supported increasing the minimum funding per student and provided inflation proof standards. He said this resolution was met with great resistance by the majority in Juneau and he urged support in order to send the message that the state increase education funding. VOTE ON MOTION TO ADOPT Ayes: Razo, Stevens, Turner, Bonney, Heinrichs Noes: None Absent: Abell, Branson MOTION CARRIED Unanimous 4. Resolution No. 2001 -21 Urging the Alaska State Legislature to Create the Office of Citizenship Assistance. RAZO, moved to adopt Resolution seconded by TURNER No. 2001 -21. Mayor LeDoux said the bill, cosponsored by Senator Austerman would create a new service to assist naturalized citizens understand the bureaucracy of citizenship. VOTE ON MOTION Ayes: Stevens, Turner, Bonney, Heinrichs, Razo Noes: None Absent: Abell, Branson MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 2001 -05 Amending Kodiak Island Borough Code Title 17 Zoning, Chapter 17.13 Conservation Zoning District and Chapter 17.06 Definitions. Regular Assembly Meeting March 15, 2001 RESOLUTION NO. 2001 -21 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 2001 -05 Volume XXVI Page 245 BONNEY, seconded by HEINRICHS VOTE ON MOTION STEVENS, seconded by TURNER VOTE ON MOTION Regular Assembly Meeting March 15, 2001 moved to adopt Ordinance No. 2001 -05 to advance to public hearing on April 5, 2001. Manager Jensen said this amended Borough Code to allow commercial livestock grazing as a permitted rather than conditional use, to allow churches as a permitted use in the C- Conservation zoning district, and to define commercial livestock grazing. The Commission felt this was consistent with the Pasagshak /Narrow Cape Area plan and the historic use of livestock grazing in the Kodiak Archipelago, and would provide reasonable separation from the Kodiak National Wildlife Refuge to minimize conflicts. Assemblymember Bonney said Community Development Department Director Dvorak addressed his concerns, and he favored moving the ordinance forward. Assemblymember Razo had served on the P &ZC while this ordinance was under consideration. He favored this resolution; however, he requested staff provide adequate notice to the general public on the upcoming public hearing. Manager Jensen would ensure that proper notice would be given to the general public. Assemblymember Turner said this originally came before the Commission during review of the Pasagshak /Narrow Cape plan and the decision was to look at this issue separately. She said this change was vital to many residents in the rural areas and she favored moving the ordinance forward. Ayes: Turner, Bonney, Heinrichs, Razo, Stevens Noes: None Absent: Abell, Branson MOTION CARRIED Unanimous 2. Ordinance No. 2001 -07 Amending Kodiak Island Borough ORDINANCE Code Title 17 Zoning Chapter 17.21 B- Business NO. 2001 -07 District Section 17.21.020 CC Permitted Uses. moved to adopt Ordinance No. 2001 -07 to advance to public hearing on April 5, 2001. Manager Jensen said this allowed single - family residential use at the street level and would provide flexibility for business owners to reside on -site in their business. This would have Borough -wide application; however, the bulk of commercial zoning was located within the City of Kodiak. Assemblymember Stevens attended Commission meetings during this discussion and felt the Commission's intent was to allow additional business uses but not change commercial to residential zoning. Ayes: Bonney, Heinrichs, Razo, Stevens, Turner Volume XXVI Page 246 Noes: None Absent: Abell, Branson MOTION CARRIED Unanimous 3. Ordinance No. 2001 -08 Amending Kodiak Island Borough Code Title 17 Zoning Chapter 17.22 RNC - Rural Neighborhood Commercial District to Increase the Minimum Lot Area and Lot Width Requirements and to Incorporate Screening, Landscaping, and Buffering Standards. (From KIB Code Section 17.21.050) TURNER, seconded by HEINRICHS moved to adopt Ordinance Ordinance No. 2001 -08 in first reading to advance to public hearing on April 5, 2001. Manager Jensen said this resulted from a request to the Commission to rezone 20 acres of U.S. Survey 2878 in Kalsin Bay from C- Conservation to RNC -Rural Neighborhood Commercial. The Commission recommended amending the Code to increase lot area to a minimum of two acres and lot width to a minimum of 180 feet. He said this would not create non - conforming lots. Assemblymember Razo favored the ordinance as it indicated the community was growing. VOTE ON MOTION Ayes: Heinrichs, Razo, Stevens, Turner, Bonney Noes: None Absent: Abell, Branson MOTION CARRIED Unanimous 4. Ordinance No. 2001 -09 Rezoning Lots 2A and 2B, of the Southern Half of Half of U.S. Survey 2878, and of an Approximate Ten (10) Acre Portion of the Northern Half of U.S. Survey 2878, From C- Conservation To RNC -Rural Neighborhood Commercial. (29675, 29677 and 29679 Chiniak Highway) HEINRICHS, seconded by TURNER Regular Assembly Meeting March 15, 2001 moved to adopt Ordinance No. 2001 -09 in first reading to advance to public hearing on April 5, 2001. Manager Jensen said this was initiated by landowner Roy Ecklund and represented by Marty Heckerman. The Commission found the rezone justified as RNC zoning allowed development consistent with the historical use of the area and would eliminate the nonconforming "grand - fathered" status of the Kalsin Bay Inn. The effect of the amendment on the objectives of the comprehensive plan were consistent with the Chiniak Plan and the Pasagshak /Narrow Cape Area Plan. ORDINANCE NO. 2001 -08 ORDINANCE NO. 2001 -09 Volume XXVI Page 247 VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED D. OTHER ITEMS 1. Funding Request from the United Fishermen of Alaska. HEINRICHS, seconded by STEVENS Manager Jensen opposed this funding request because the Assembly had not established a funding policy. Assemblymember Turner initially favored this request; however, she received information on the position of the group that was not nonpartisan. She hoped to work with groups that provide clear, concise, and unbiased information. Assemblymember Heinrichs concurred. He reminded that the Assembly decided not to take a position on fisheries issues. He was uncomfortable with UFA's recent position. Assemblymember Razo wanted to be informed on fisheries issues; however, he felt it was more important to have a policy in place. He was concerned that UFA was providing more than just fisheries information. VOTE ON MOTION Ayes: Noes: Absent: MOTION FAILED 2. Funding for Crossing Guards. RAZO, seconded by TURNER Manager Jensen had no position; however, he said the cost of funding should not exceed $25,600. Assemblymember Turner wanted to fund crossing guards through the end of school as protecting children was the priority. She wanted to meet with law enforcement agencies, the City of Kodiak, and the School Board to discuss funding for next year. Assemblymember Razo said the Borough was responsible for funding education, the City of Kodiak for public safety, and the School District for education. Without crossing Regular Assembly Meeting March 15, 2001 Razo, Stevens, Turner, Bonney, Heinrichs None Abell, Branson Unanimous moved to approve the funding request from United Fishermen of Alaska in an amount not to exceed $2,000. None Stevens, Turner, Bonney, Heinrichs, Razo Abell, Branson Unanimous moved to approve funding for Crossing Guards for the remainder of the 2000 -2001 school year in an amount not to exceed $25,600. OTHER ITEMS FUNDING REQUEST FROM THE UNITED FISHERMEN OF ALASKA FUNDING FOR CROSSING GUARDS Volume XXVI Page 248 guards motorists did not honor pedestrian and school crossing zones. He hoped the Assembly would set an example as leaders for the community and other government agencies to follow. He felt this was not a commitment for future funding and the safety of children should outweigh politics. Assemblymember Stevens said the Assembly's daunting task was to fund education; but, the Assembly had no control over how funds were spent, and the School Board chose not to fund crossing guards. State law addressed safety and enforcement of crossing zones, and he felt the state and city should enforce those laws. He saw children crossing at Birch Street and Mill Bay Road in the summer with no problem. Assemblymember Heinrichs agreed and said the Assembly should focus on funding their mandated powers. He felt additional funds made available could be used for facility repairs and upgrades. Assemblymember Bonney felt the city ignored its public safety powers by not making funds available for basic public safety. The city built a new $20,000 animal shelter but would not pay for police to patrol school crossing zones during school hours. He urged the community to talk to the city council about the need to fund public safety. VOTE ON MOTION Ayes: Bonney, Razo, Turner Noes: Heinrichs, Stevens Absent: Abell, Branson MOTION FAILED 3 Ayes, 2 Noes CITIZENS' COMMENTS Mike Milligan phoned to state his appreciation of the difficult vote on the crossing guards that he felt was a public safety power outside of Borough powers. He noted that the Municipality of Anchorage increased their school district budget by $400,000, which was similar to the Borough's increase last year. Joe Macinko understood the borough's lobbyist participated in legislation for fishing quotas, which he felt was a conflict of interest. He urged the Assembly to be involved in local fisheries issues. In response to Ada Berry, Manager Jensen said he was not sure how many hours crossing guards worked. He received a memo from the city manager outlining the costs: Direct costs: $24,850; payroll /administrative costs: $745.50; total program cost for remainder of school year: $25,600. The annual cost was $58,500 including drug testing and equipment replacement. Anchorage and Fairbanks school districts confirmed that as a reasonable price and that crossing guard funding was part of the school district budget. Regular Assembly Meeting March 15, 2001 CITIZENS' COMMENTS Volume XXVI Page 249 In response to Mike Milligan, Clerk Nielsen clarified that the motion to fund crossing guards failed because it took four votes to approve the motion. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Razo was disappointed with the crossing guard vote. He hoped to continue discussion with the city and school district. He urged residents to attend budget meetings to give input. Assemblymember Turner congratulated the student of the month. She wanted to discuss a policy on funding fishery groups. She congratulated the Hospital on continued success, noting it was beneficial to have quality health care available. Assemblymember Bonney also wanted to set policy and procedures for fishery organization funding requests. Assemblymember Stevens congratulated the student of the month and the Special Olympics team. He said it was exciting to see the Special Olympics team participate win a gold medal. He encouraged the community to congratulate those athletes. Assemblymember Heinrichs congratulated the student of the month and the Special Olympics team. He thanked the chaperons and businesses who made it possible for Kodiak's team to travel to the games. He recognized parents who advocated the need for vocational education at the high school level and thanked them for information on graduating seniors. He hoped to reinstate vocational education as a vital part of our children's future. Mayor LeDoux announced the Assembly would meet in work session on Tuesday, April 3 at 7:30 p.m. in the Borough conference room and regular meeting on Thursday, April 5, at 7:30 p.m. in the Assembly chambers. Members of the Assembly would attend the Alaska Municipal League Conference in Juneau March 28 -30. Kodiak Island Borough offices would be closed on Monday, March 26, 2001 in observance of Seward's Day. ADJOURNMENT ADJOURNMENT There being no further business to come before the Assembly, the meeting was adjourned at 9:05 p.m. // ATTEST: Regular Assembly Meeting March 15, 2001 d Judith sen, CMC Borough Clerk Gabrielle -Doux, Borough Mayor Approved: 04/19/2001 Volume XXVI Page 250