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2001-09-06 Regular MeetingMayor: Gabrielle LeDoux Assemblymembers: Tom Abell Tuck Bonney Pat Branson Robin Heinrichs Pat Carlson, Manager Judi Nielsen, Borough Clerk Nova Javier, Assistant Clerk Regular Assembly Meeting September 6, 2001 KODIAK ISLAND BOROUGH Regular Assembly Meeting September 6, 2001 A regular meeting of the Kodiak Island Borough Assembly was held September 6, 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. The invocation was given by Pastor Scott Sampson of the Church of the Nazarene, followed by the Pledge of Allegiance. There were present: ROLL CALL Greg Razo Wayne Stevens Darlene Turner comprising a quorum of the Assembly; and APPROVAL OF AGENDA APPROVAL OF AGENDA RAZO, moved to approve the seconded by BRANSON agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES 1. Kodiak Island Borough Assembly Regular Minutes of June 21, 2001. HEINRICHS, moved to approve the seconded by BRANSON minutes as submitted. VOTE ON MOTION TO APPROVE APPROVAL OF MINUTES Mayor LeDoux declared the month of September as Fetal Alcohol Syndrome Awareness Month and September 9, 2001 as International Fetal Alcohol Syndrome Awareness Day. Carol Yakish of the Kodiak Area Native Association (KANA) accepted the proclamation. REGULAR MEETING MOTION CARRIED Unanimous voice vote AWARDS AND AWARDS AND PRESENTATIONS PRESENTATIONS A. Proclamations PROCLAMATIONS Volume XXVII Page 51 Mayor LeDoux attended one of KANA's seminars for Fetal Alcohol Syndrome and found it informative. Carol Yakish thanked the Assembly for their support and said the proclamation would benefit residents. Assemblymember Razo thanked KANA for an outstanding job in serving as community leaders on alcohol issues. Mayor LeDoux proclaimed September 3 -7, 2001 "Payroll Week" in honor of Sharon Kennedy, accounting /payroll technician, and all employees who work in the payroll profession. Clerk Nielsen accepted the proclamation on behalf of Ms. Kennedy. CITIZENS' COMMENTS Joe Gallagher, Cook Inlet Regional Citizens Advisory Council (CIRCAC) public outreach coordinator, gave a history on how CIRCAC was established. He thanked the Assembly for their support and invited them to their breakfast reception at the Buskin River Inn. Vicki Jo Kennedy was concerned about the need for emergency response vehicles and an emergency safety plan at the Kodiak Rocket Launch Complex (KLCAG). Mike Milligan felt the Borough should codify the Kodiak Rocket Launch Complex Advisory Group. COMMITTEE REPORTS COMMITTEE REPORTS Phil Cline, Providence Kodiak Island Medical Center Administrator, said the hospital demonstrated some financial improvements. He provided an update on the specialty clinic and the pain clinic which serve 80 to 100 local residents. Assemblymember Turner was pleased to congratulate Joe Hart and the Local Emergency Planning Committee/ Emergency Services Organization (LEPC /ESO) for the Emergency Preparedness Guide. She thanked Dr. Gary Carver and Joe Gallagher for conducting presentations at the LEPC /ESO meeting. She said in the near future the KLCAG would recommend they be placed under the Assembly's jurisdiction. Assemblymember Razo wanted the Emergency Preparedness Guide mailed to the residents of Kodiak. He said the Rocket Launch public meeting was well represented by both the Borough and City governing bodies. Assemblymember Stevens gave an update on the issuance of the mitigation funds that the Southwest Alaska Municipal Conference intended to have completed by the end of October. Regular Assembly Meeting September 6, 2001 CITIZENS' COMMENTS Volume XXVII Page 52 PUBLIC HEARING PUBLIC HEARING A. State of Alaska Alcoholic Beverage Control Board New NARROW CAPE LODGE Liquor License Application for the Kodiak Narrow LIQUOR LICENSE Cape Lodge, 50838 Narrow Cape Road. (Applicant: APPLICATION Bernie Karl) RAZO, seconded by BRANSON moved to protest the Narrow Cape Lodge new liquor license application based on the following staff determinations that: 1. A licensed eating and drinking establishment would be a violation of C- Conservation zoning and would violate the conditional use permit for a lodge use issued under CUP 00 -005. The issuance of a beverage dispensary license would result in a zoning enforcement action; 2. Commercial activity that would require a rezone to a commercial zoning district is discouraged in the 1999 Pasagshak /Narrow Cape Comprehensive Area Plan (pages 18 & 20). The intent of the plan goal for retail /commercial use is to maintain the agricultural, recreational, and residential character of the Pasagshak /Narrow Cape area by restricting commercial uses to home occupations; and 3. The standards applied to the Kodiak Narrow Cape Lodge for access, parking, and onsite water and wastewater disposal was based on a presumption of lodge use in support of the Kodiak Launch Complex only. To comply with commercial standards intended to protect the public's health, safety, and welfare would require improvements to the existing infrastructure. Manager Carlson recommended protesting the request. Mayor LeDoux opened the public hearing. Carolyn Heitman was opposed as she wanted to encourage rocket launch workers to support local businesses in town. Bill Burton was in support as he felt there was limited interest to stay at the facility because this service was not provided. He said Mr. Karl's intent was to serve lodge guests and not the general public. Bernie Karl, applicant, said he hand - delivered a letter to Duane Dvorak, Community Development Director, clarifying his intent to not serve the public. He provided a copy of the letter to the clerk for distribution. He encouraged the Assembly to reconsider their position. Kathy de Hart phoned in opposition. She felt it would hurt Kodiak's in -town businesses. Vickie Joe Kennedy spoke in opposition. She appreciated the Assembly's support of the Pasagshak Narrow Cape Comprehensive Plan (PNCCP). Regular Assembly Meeting September 6, 2001 Volume XXVII Page 53 Mike Sirofchuk spoke in opposition and thanked the Assembly for supporting the PNCCP. He saw local opposition to commercial development in the area. Dan Urban spoke in opposition. He stressed that the PNCCP discouraged development in that area. Don Jaklewicz felt this would encourage people to stay at the lodge and reduce traffic and upkeep in the Pasagshak road area. Clarence Selig, P &Z Commissioner, spoke as a concerned citizen stating the lodge may require membership if they did not serve the public. Assemblymember Turner read a letter from Stacy Studebaker opposing this as a violation of the PNCCP by allowing housing and dining use only for the Launch Complex workers. Bill Burton said that without the license, the lodge would not make any profit. Mayor LeDoux closed the public hearing and reconvened the regular meeting. Assemblymember Turner said the conditional use permit (CUP) allowed housing for Launch workers only and not tourists. The fact that the lodge was open to the public was a direct violation of the CUP conditions. Assemblymember Razo said the Assembly would not grant or deny the liquor license but had the opportunity to protest the application. He would vote against the application based on staff's determination. Assemblymember Stevens concurred with Assemblymember Razo. Manager Carlson, in response to Assemblymember Stevens, said this would have been less difficult if the business owner applied for a rezone first. Assemblymember Stevens said new business development was encouraged; however, the regulations to grant exceptions and variances had to be followed. Manager Carlson was familiar with remote operations on Kodiak and no remote lodges had liquor licenses. His opinion was that in Kodiak the term "lodge" did not mean a facility with a bar and restaurant. Assemblymember Branson favored the protest. She suggested Mr. Karl review the sequence of events as this was not a process to restrict businesses but to see that regulations were followed. Assemblymember Abell said he heard the Rocket Launch Complex would enhance the community financially; however, he could not see any benefits if services provided in town were not used. Regular Assembly Meeting September 6, 2001 Volume XXVII Page 54 At the concurrence of the Assembly, Mr. Karl said he followed the rules and the CUP did not specify those he could serve. He said he applied for the liquor license for guests at the lodge only. He asked the Assembly to reconsider their position. In response to Assemblymember Bonney, Manager Carlson said some might argue that the facilities at Kalsin Bay and Chiniak were lodges; however, they were road - system bar /restaurants not located in remote areas. Assemblymember Branson read a definition from the Kodiak Island Borough Code: 17.06.355 Lodge. "Lodge" means a building or group of buildings containing both rooms and dwelling units available for temporary rental to transient individuals or families. The types of activities supported by a lodge may include, but are not limited to, fishing, hunting, wildlife photography and viewing, and passive recreational activities. In response to Assemblymember Turner, Manager Carlson, said Mr. Karl had not requested an amendment to the CUP. VOTE ON MOTION TO PROTEST Ayes: Regular Assembly Meeting September 6, 2001 Abell, Bonney, Branson, Heinrichs, Razo, Stevens Turner Noes: None Absent: None MOTION CARRIED Unanimous After a twelve minute recess at 8:58 p.m., Mayor LeDoux reconvened the regular meeting. BOROUGH MANAGER'S REPORT MANAGER'S REPORT Manager Carlson reported that all property in the Borough land sale were sold above the market value, the High School roof would be done in two weeks, the realigning of the tanks at the Kodiak Fisheries Research Center was successful, and work on the fiber optics had begun. He would travel to Anchorage for SWAMC meetings. MESSAGES FROM THE MESSAGES FROM THE BOROUGH MAYOR MAYOR Mayor LeDoux spoke with remote community leaders about conducting joint work sessions and received a positive response. She traveled to Larsen Bay and met with the City Council. She hoped to travel to remote communities in October. She urged non - profit groups to contact Captain Davis of the Salvation Army if they would like to help and earn money by participating in the crossing guard project. She wished Bob Tucker a fast recovery. Volume XXVII Page 55 UNFINISHED BUSINESS None. NEW BUSINESS A. CONTRACTS None. B. RESOLUTIONS 1. Resolution No. 2001 -32A Amending Resolution No. 2001 -32 Approving Additional Fiscal Year 2002 Kodiak Island Non - Profit Funding. STEVENS, moved to adopt Resolution seconded by BRANSON No. 2001 -32A. Manager Carlson said this would accommodate the funding requests of two of the four non - profit organizations which needed further review. Heinrichs, seconded by BRANSON moved to amend Resolution No. 2001 -32A by adding at the end of the Now, therefore, be it resolved the words: "in the amount of $5,000 for the After School Program, and to fund the Kodiak Island Sportsmen's Association in the amount of $5,000 for the Youth Shooting Program. Assemblymember Branson hoped to receive a copy of Small World's audit so the Assembly could consider their request for additional funding. Clerk Nielsen restated the amendment at the request of Assemblymember Razo. She clarified that the Assembly could direct the manager to write a letter specifying where the funds would be directed. Assemblymember Stevens suggested a caveat with the outcome of their audit, that Small World was encouraged to resubmit their request for additional funds. Assemblymember Branson suggested to fail the Resolution and give direction to the staff. Assemblymember Razo concurred. Clerk's note: after reading the roll, the clerk declared the vote on the motion to amend as failed; however, after review of the meeting tape, it was determined that the vote was as follows: VOTE ON MOTION Ayes: Heinrichs, Stevens, Turner, Bonney Regular Assembly Meeting September 6, 2001 UNFINISHED BUSINESS NEW BUSINESS CONTRACTS RESOLUTIONS RESOLUTION NO. 2001 -32A Volume XXVII Page 56 Noes: Branson, Razo, Abell Absent: None MOTION CARRIED 4 Ayes, 3 Noes Assembly Razo was glad to see the significant changes in the way Small World conducted business. Assemblymember Bonney wanted to see the audit presented to the Assembly for the benefit of taxpayers. He would vote against full funding but supported funding of $5,000. ABELL, seconded by TURNER Assemblymember Abell said $2,500 was a good start for the Youth Shooting Program. Assemblymember Turner agreed noting that group was not present to explain where they would spend $5,000. Assemblymember Heinrichs wanted funding for KISA to include the Urban and Rural programs. VOTE ON MOTION AMEND Ayes: Noes: None MOTION CARRIED Unanimous moved to amend Resolution No. 2001 -32A by reducing the funding to KISA from $5,000 to $2,500. Heinrichs, Razo, Stevens, Turner, Abell, Bonney, Branson TURNER, moved to amend Resolution seconded by BRANSON No. 2001 -32A by reducing funding to Small World from $15,952 (previously amended to $5,000; thereby, to increase) to $8,000. Assemblymember Turner clarified that $5,000 was for the after school program and $3,000 was for the operations budget. Assemblymember Bonney felt $5,000 was fair for the after school program. Assemblymember Branson concurred that $5,000 was for the after school program and $3,000 was for the operations budget. VOTE ON MOTION TO AMEND Ayes: Razo, Stevens, Turner, Abell, Branson, Heinrichs Regular Assembly Meeting September 6, 2001 Volume XXVII Page 57 Noes: Bonney MOTION CARRIED 6 Ayes, 1 No VOTE ON MOTION AS AMENDED Ayes: Stevens, Turner, Abell, Branson, Heinrichs, Razo Noes: Bonney MOTION CARRIED 6 Ayes, 1 No ORDINANCES FOR C. ORDINANCES FOR INTRODUCTION INTRODUCTION A. Ordinance No. 2001 -19 Rezoning Portions of U.S. ORDINANCE Survey 4947 (Near Island) From PL- Public Use NO. 2001 -19 Land to RB- Retail Business, in Accordance with the Map Submitted by the City of Kodiak Dated June 22, 2001 (North End of Near Island Between Dog (Salmon) Bay Road and Trident Way) STEVENS, seconded by BRANSON moved to adopt Ordinance No. 2001 -19 in first reading to advance to public hearing on September 20, 2001. Manager Carlson said the Planning & Zoning Commission reviewed the rezone and found it interfaced with the 1987 Near Island Comprehensive plan. Assemblymember Razo wanted to see a vigorous discussion on this rezone, especially from the public. Assemblymember Stevens was glad to see the City's attempt to sell these properties to the public and felt that it will benefit the Borough's tax base. VOTE ON MOTION TO ADVANCE Ayes: Stevens, Turner, Abell, Bonney, Branson, Heinrichs, Razo Noes: None MOTION CARRIED Unanimous D. OTHER ITEMS OTHER ITEMS 1. Resignation of Planning and Zoning Commissioner. RESIGNATION OF PLANNING AND BRANSON, moved to accept, with ZONING seconded by TURNER, regret, the resignation of COMMISSIONER Walter H. Stewart from the Planning and Zoning Commission. Assemblymember Razo said that Mr. Stewart served the Commission with diligence, made his decisions based on good sound reasoning, and always had thoughtful comments. Regular Assembly Meeting September 6, 2001 Volume XXVII Page 58 Assemblymember Turner concurred and wished Mr. Stewart the best in his future endeavors. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote Mayor LeDoux thanked Mr. Stewart for his years of service on the Commission. 2. Confirmation of Mayoral Appointments to the Planning and Zoning Commission. HEINRICHS, seconded by BRANSON VOTE ON MOTION moved to confirm the mayoral appointment of Cheryl Boehland to a City seat to expire December 2001 and Barbara Williams to a Borough seat to expire December 2003 on the Planning and Zoning Commission. MOTION CARRIED Unanimous Voice Vote Mayor LeDoux congratulated Barbara Williams and Cheryl Boehland on their appointments. 3. State of Alaska Alcoholic Beverage Control Board Restaurant Designation Permit for the Kodiak Narrow Cape Lodge, 50838 Narrow Cape Road. (Applicant: Bernie Karl) TURNER, seconded by BRANSON Regular Assembly Meeting September 6, 2001 moved to object to the restaurant designation application for a beverage dispensary- tourism license for the Narrow Cape Lodge based on the following staff determination that: 1. A licensed eating and drinking establishment would be a violation of C- Conservation zoning and would violate the conditional use permit for a lodge use issued under CUP 00 -005. Manager Carlson said that this was in conjunction with the prior action that was taken with the liquor license application. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote CITIZENS' COMMENTS Mary Harder phoned to ask why Dog Bay was suddenly called Dog Salmon Bay and wanted it corrected. MAYORAL APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION RESTAURANT DESIGNATION PERMIT CITIZEN'S COMMENTS Volume XXVII Page 59 Assemblymember Stevens clarified that Dog Salmon Bay was the official name given by the City of Kodiak. Vickie Jo Kennedy said that Dog Bay was also known as St. Herman's Harbor. She thanked the Assembly for their fairness by making everybody go by the rules and not just a select few. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Razo extended his condolences to the family of Justin Nelson. He said the recent announcement at the Kodiak Football League opening ceremonies about a football field was an idea whose time has come. Assemblymember Abell saw need for an athletic stadium in Kodiak. He wanted the BMX track project completed. Assemblymember Turner thanked Assemblymembers Razo and Abell for their comments about a football field. She thanked Carol Yakish for reminding the community about the totally preventable disease of Fetal Alcohol Syndrome. She thanked Vickie Jo Kennedy and Joe Gallagher for participating in local issues. She was excited about the idea of traveling to the villages. She thanked Walter Stewart for his service on the P &Z Commission and congratulated Cheryl Boehland and Barbara Williams on their appointments to the Commission. Assemblymember Stevens thanked Pat Carlson, Linda Freed, Jerome Selby, Jay Stinson, and Julie Bonney for their work as Central Gulf negotiators for the Southwest Alaska Municipal Conference (SWAMC). He reiterated that the Borough was not opposed economic development. He thanked Mr. Stewart and congratulated Cheryl Boehland and Barbara Williams. Assemblymember Branson wanted to see detailed discussions on the Assembly's Strategic Plan and the Manager's priority list of issues and projects quarterly. She appreciated Mr. Cline's regular reports and hoped for the same from the Mental Health Center. She thanked Walter Stewart and congratulated Cheryl Boehland and Barbara Williams. Assemblymember Bonney did not want discussion about the football field to affect the Assembly's focus. He urged the Assembly to focus on priorities and make decisions to accomplish them. Assemblymember Heinrichs was pleased with the Fetal Alcohol Syndrome proclamation and the emphasis that it received from the Assembly. He was pleased to meet with Lobbyist Hickey and felt that the Assembly had a very productive discussion about the following year's focus and how Juneau could help in achieving the goals. He cautioned Kodiak residents to be careful in school zones. Regular Assembly Meeting September 6, 2001 Volume XXVII Page 52 ANNOUNCEMENTS ANNOUNCEMENTS Mayor LeDoux announced that the Assembly would meet in a work session on Thursday, September 13 at 7:30 p.m. in the Borough conference room; a joint Assembly /City Council work session on Tuesday, September 18 at 7:30 p.m. in the Borough conference room; and a regular meeting on Thursday, September 20, at 7:30 p.m. in the assembly chambers. She invited the public to join her for cake in celebration of Assemblymember Abell's and Manager Carlson's birthdays. ADJOURNMENT ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 10:03 p.m. ATTEST: Regular Assembly Meeting September 6, 2001 gr42L Ga?Srielle LeDoux, Mayor Judith A. Borough Clerk A. Niels_ , CMC Approved: 01/03/2002 Borough Clerk Volume XXVII Page 60