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2001-12-20 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting December 20, 2001 A regular meeting of the Kodiak Island Borough Assembly was held December 20, 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 Captain Dave Davis of the Salvation Army, followed by the Pledge of Allegiance. There were present: Assemblymembers: Robin Heinrichs, Deputy Mayor Tom Abell Tuck Bonney Pat Branson Greg Razo Absent: Mayor LeDoux Wayne Stevens Darlene Turner comprising a quorum of the Assembly; and Pat Carlson, Manager Judi Nielsen, Borough Clerk Nova Javier, Deputy Clerk BRANSON, seconded by BONNEY VOTE ON MOTION TO EXCUSE MOTION CARRIED APPROVAL OF AGENDA RAZO, seconded by BRANSON VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES BRANSON, seconded by BONNEY VOTE ON MOTION TO APPROVE MOTION CARRIED AWARDS AND PRESENTATIONS A. Student of the Month Regular Assembly Meeting December 20, 2001 moved to excuse Assemblymembers Stevens and Turner. Unanimous voice vote moved to approve the agenda. Unanimous voice vote 1. Kodiak Island Borough Assembly Regular Meeting of October 18 and Special Meeting of October 25, 2001. moved to approve the minutes as submitted. Unanimous voice vote Deputy Mayor Heinrichs presented the Student of the Month award for December to Libby Rietze, a senior at Kodiak High School. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES AWARDS AND PRESENTATIONS STUDENT OF THE MONTH Volume XXVII Page 105 CITIZENS' COMMENTS Jeff Stephan spoke in support of the Kodiak Salmon Work Group's funding request. He stressed the importance of having Kodiak representatives before the Board of Fish to address allocation issues. He thanked the Assembly for extending support in the past. Vickie Jo Kennedy phoned to ask the Assembly to allow more public participation during work sessions. COMMITTEE REPORTS Phil Cline, Providence Kodiak Island Hospital Administrator, said the hospital was financially fortunate this year. Although a $10,000 loss was incurred in October, operating expenses were three percent lower than last year and a $2.8 million loan with the Sisters of Providence was retired. The auditors arrive January 21. The Health Care Access Program was going well and receipt of additional grant funds would continue the program. Assemblymember Branson commended Mr. Cline and his staff and said she was proud of Kodiak's health care system. Assemblymember Razo hoped to address the hospital's facility needs in the near future. Deputy Mayor Heinrichs thanked Mr. Cline for the update. PUBLIC HEARING A. State of Alaska Alcoholic Beverage Control Board Liquor License Transfer of Ownership for the Rendezvous Located at 11652 Rezanof West, Kodiak, AK 99615. (Current Licensee: James L. and Betty J. Firzjearl; Applicant: Toni Munsey and Val Flinders). RAZO, seconded by BRANSON moved to voice non - objection to the liquor license transfer of ownership for the Rendezvous located at 11652 Rezanof West, Kodiak, AK 99615 from licensee James L. And Betty J. Fitzjearl to applicant Toni Munsey and Val Flinders. Deputy Mayor Heinrichs said fifty -four public hearing notices were mailed on December 7, 2001. Two notices supporting the transfer and a Notification of Fire Hazard and Order to Correct from the Fire Chief were received. Manager Carlson said the Fire Chief indicated a few minor repairs were needed. He urged the Assembly to voice non - objection to the transfer. Deputy Mayor Heinrichs called for public testimony; hearing and seeing none, he reconvened the regular meeting. VOTE ON MOTION Ayes: Abell, Bonney, Branson, Heinrichs, Razo Regular Assembly Meeting December 20, 2001 CITIZENS' COMMENTS COMMITTEE REPORTS PUBLIC HEARING ALCOHOLIC BEVERAGE CONTROL BOARD LIQUOR LICENSE TRANSFER Volume XXVII Page 106 Noes: None Absent: Stevens, Turner MOTION CARRIED Unanimous B. Resolution No. 2001 -51 Authorizing the Borough Manager to Participate in Negotiations Regarding Leisnoi's Proposed Land Sale to the Exxon Valdez Trustee Council. BONNEY, moved to adopt Resolution seconded by RAZO No. 2001 -51. Manager Carlson said the resolution would direct him to ensure that the public's interest is protected in these land transactions. At the request of Deputy Mayor Heinrichs, Clerk Nielsen read the resolution into the record. Manager Carlson described the properties in the proposed land sale. Deputy Mayor Heinrichs opened the public hearing. Mike Schneider, counsel for Mr. Omar Stratman, said that if adopted, this resolution would assert endorsement of Leisnoi by the Assembly. He urged the Assembly to amend the resolution by adding as the last sentence the words: "This resolution is not to be interpreted as a request for, or an endorsement of, political or legislative intervention into the Stratman /Leisnoi litigation unless and until a settlement agreement approved by all parties thereto and the Kodiak Island Borough Assembly is entered into ". Assemblymember Branson suggested the public not make any gestures or comments after each citizen's comment. Roy Jones read a letter from Bruce Robertson, Native Village of Woody Island president, urging the Assembly to adopt the resolution. He agreed to the intent of the amendment proposed by Mr. Schneider; however, he did not agree to its exact verbiage. Vicki Jo Kennedy phoned to urge the Assembly to fail the Resolution and uphold Resolution 95 -36. Geneva Macinko read a letter from the Alaska Federation of Natives. She urged the Assembly to adopt the resolution. Tim Bootch said Leisnoi wanted this resolution to present it for legislation. He wanted to see the Assembly receive more information before making a decision. Zack Chichenoff phoned and suggested that the Assembly vote on this instead of hearing repeated testimony. Dennis Metrokin, Koniag Inc. president, spoke in support and urged the Assembly to accept the proposal. He said Mr. Stratman never entered the public's interest on his negotiations with Leisnoi. Bill Burton phoned to say there was no rush and there should be adequate community involvement. He said that if Regular Assembly Meeting December 20, 2001 RESOLUTION NO. 2001 - 51 Volume XXVII Page 107 the Assembly acted quickly there would be a presumption of bribery and a political fix favoring Leisnoi. Assemblymember Bonney said he personally had never met with Leisnoi. He resented the implication that there was an under - the -table deal as he felt the Assembly had been fair on the whole issue. Gene Sundbera read a letter from Afognak Native Corporation supporting the resolution. Mel Stevens urged the Assembly to table the resolution as it was a private lawsuit and not an Assembly decision. Pauline Coyle read a letter supporting the resolution. She remarked that they addressed every issue of potential concern in the community regarding lands along the road system in the land package. Mike Sirofchuk, State Parks Citizens Advisory Council president, encouraged the Assembly to participate in the land discussions. He said the Borough's interest was clearly stated and the quality of life in Kodiak was at stake. Roy Madsen urged the Assembly to pass the resolution. Craig Stratman phoned to say this did not belong in political arena. Deputy Mayor Heinrichs suggested that Mr. Schneider and Mr. Jones propose an amendment to the Assembly. After a ten minute recess at 9:00 p.m., Deputy Mayor Heinrichs reconvened the public hearing at 9:10 p.m. Stacey Studebaker supported the resolution and wanted to see the lands transferred to the appropriate agencies to avoid their rapid degradation. Oliver Holm was concerned that the resolution might compromise the Borough in the litigation process. He encouraged the Assembly to re -write the verbiage before passing it. Tony Drabek, Natives of Kodiak president, said that Leisnoi's proposal was in the public's best interest. Jake Jacobson thought a mutually agreeable amendment to the resolution was a good idea. Tina Hoen encouraged the Assembly to adopt the resolution as everyone would benefit from the proposal. Jana Turvev spoke in favor and read portions of the letters submitted to the Kodiak Daily Mirror regarding the Native Village of Woody Island. Omar Stratman indicated that he declined Leisnoi's offer because the settlement was not enough to even cover his attorney fees. He urged the Assembly to let the litigation run its course through the court system. Marie Rice urged the Assembly not to take action on the resolution. Regular Assembly Meeting December 20, 2001 Volume XXVII Page 108 Frank Peterson felt that the amount that would be received was far less than the assessed value of the property. Mr. Schneider and Mr. Jones presented an amendment to the resolution to the Assembly. RAZO, seconded by BRANSON Assemblymember Razo supported the amendment because it was agreed to by the two counsels. Assemblymember Branson also supported the amendment. She said that, with land powers, the Assembly had the right to intervene in public interest land issues. VOTE ON MOTION TO AMEND moved to amend Resolution No. 2001 -51 to add as the last WHEREAS the words: "this resolution is not to be interpreted as a request for, nor an endorsement of, political or legislative intervention into the Stratman /Leisnoi litigation;" Ayes: Bonney, Branson, Heinrichs, Razo, Abell Noes: None Absent: Stevens, Turner MOTION CARRIED Unanimous Assemblymember Razo said it was the responsibility of the Assembly to be well informed, to state their intent, and to be involved in issues. Assemblymember Branson felt the Assembly provided enough time for public input and she appreciated the audience for being quiet and civil during the public hearing. Assemblymember Bonney felt Assembly involvement in this issue was in the public's best interest. Assemblymember Abell said it was impressive how the two counsels were able to come together in agreement. Deputy Mayor Heinrichs was glad to see unanimous agreement from both sides. He hoped everyone understood how important the lands were to current and future generations. He was glad to see the civility during the public hearing. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Branson, Heinrichs, Razo, Abell, Bonney Noes: None Absent: Stevens, Turner MOTION CARRIED Unanimous Regular Assembly Meeting December 20, 2001 Volume XXVII Page 109 BOROUGH MANAGER'S REPORT Manager Carlson wished everyone merry Christmas. MESSAGES FROM THE BOROUGH MAYOR Deputy Mayor Heinrichs thanked Senator Ted Stevens for the sea lion mitigation funds and Assemblymember Stevens for the distributions. He wished everyone merry Christmas and happy new year. UNFINISHED BUSINESS None. NEW BUSINESS A. CONTRACTS None. B. RESOLUTIONS 1. Resolution No. 2001 -52 Approving the Release of a Parcel from Public Purpose Classification in Uyak Bay. RAZO, moved to adopt Resolution seconded by BRANSON 2001 -52. Manager Carlson said this parcel was previously placed in public purpose status for acquisition by the U.S. Fish and Wildlife Service. The Service was prepared to complete the transaction and has requested release of the parcel. VOTE ON MOTION TO ADOPT Ayes: Bonney, Branson, Heinrichs, Razo, Abell Noes: Absent: MOTION CARRIED 2. Resolution No. 2001 -53 Adopting a Capital Improvement Program for Fiscal Years 2003 -2007 and Establishing a Federal Capital Improvement Projects Priority List. BONNEY, moved to adopt Resolution seconded by BRANSON No. 2001 -53. Manager Carlson said the resolution adopted the Federal Capital Improvement Projects priority list. Assemblymember Razo said the Planning and Zoning Commission recommended approval of the prioritized list. Assemblymember Bonney wanted to see the Mark Air terminal demolished and a new building constructed for community use. Regular Assembly Meeting December 20, 2001 None Stevens, Turner Unanimous BOROUGH MANAGER'S REPORT MESSAGES FROM THE BOROUGH MAYOR UNFINISHED BUSINESS NEW BUSINESS CONTRACTS RESOLUTIONS RESOLUTION NO. 2001 -52 RESOLUTION NO. 2001 -53 Volume XXVII Page 110 VOTE ON MOTION TO ADOPT Ayes: Razo, Abell, Bonney, Branson, Heinrichs Noes: None Absent: Stevens, Turner MOTION CARRIED Unanimous 3. Resolution No. 2001 -54 Adopting a Capital Improvement Program for Fiscal Years 2003 -2007 and Establishing a State Capital Improvement Projects Priority List. BRANSON, moved to adopt Resolution seconded by RAZO No. 2001 -54. Manager Carlson advised that this resolution adopts the State Capital Improvement Projects Priority List. Assemblymember Branson said that this was a well - prepared list because it reflected a mix of projects and prices that the legislators could pull as funding becomes available. Bonney noted that the Assembly is working hard trying to get the funding and the upgrades for the School District maintenance program. VOTE ON MOTION Ayes: Abell, Bonney, Branson, Heinrichs, Razo Noes: Stevens, Turner Absent: None MOTION CARRIED Unanimous 4. Resolution No. 2001 -55 Adopting a Capital RESOLUTION Improvement Program for Fiscal Years 2003 -2007 NO. 2001 -55 and Establishing the Borough's Capital Improvement Projects Priority List. BRANSON, moved to adopt Resolution seconded by BONNEY No. 2001 -55. Manager Carlson read the Borough Capital Project Improvement list and said he anticipated the projects to be funded through a variety of local sources. In response to Clerk Nielsen, the Assembly considered the missing words "the Borough" on the resolution title as a typographical error. VOTE ON MOTION TO ADOPT Ayes: Bonney, Branson, Heinrichs, Razo, Abell Noes: None Regular Assembly Meeting December 20, 2001 RESOLUTION NO. 2001 -54 Volume XXVII Page 111 Absent: Stevens, Turner MOTION CARRIED Unanimous C. Ayes: Ayes: ORDINANCES FOR INTRODUCTION 1. Ordinance No. 2001 -21 Rezoning Lot 29 -A, of U.S. Survey 2539, From C- Conservation To RR1- Rural Residential One, in Accordance with the Map Attached Dated November 6, 2001 (Exhibit a) (Located Between Shannon Point and Frye Point Along Womens Bay). RAZO, seconded by BRANSON Manager Carlson reported Company would attend the Assembly questions. VOTE ON MOTION Noes: Absent: MOTION CARRIED D. OTHER ITEMS BONNEY, seconded by BRANSON VOTE ON MOTION TO APPROVE Noes: Absent: MOTION CARRIED Regular Assembly Meeting December 20, 2001 moved to advance Ordinance No. 2001 -21 in first reading to advance to public hearing on Thursday, January 3, 2002. that a representative from Vulcan next work session to address any Branson, Heinrichs, Razo, Abell, Bonney None Stevens, Turner Unanimous 1. Vacation of a twenty (20) Foot Wide Easement for Road Construction and Maintenance Over Lot 10 and Lot 11, Mountain View Subdivision. (1327 Mountain View Drive.) moved to approve the Vacation of a twenty (20)Foot Wide Easement for Road Construction and Maintenance Over Lot 10 and Lot 11, Mountain View Subdivision. (1327 Mountain View Drive.) Manager Carlson said this addressed a request to vacate the remaining portion of a construction and maintenance easement associated with the cul -de -sac at the end of Mountain View Drive. Heinrichs, Razo, Abell, Bonney, Branson None Stevens, Turner ORDINANCES FOR INTRODUCTION ORDINANCE NO. 2001 -21 OTHER ITEMS VACATION Volume XXVII Page 112 Deputy Mayor Heinrichs read Mayor LeDoux's appointments as follows: 2. Confirmation of Mayoral Appointments of Assembly Member Representatives to Boards, Committees, Commissions, and Councils. Architectural Review Board - Robin Heinrichs PKI Hospital Advisory Board - Pat Branson PKI Mental Health Center Advisory Board - Darlene Turner Parks & Recreation Committee - Tom Abell Kodiak Colleve Council - Wayne Stevens School District Budget Advisory Committee - Tuck Bonney School District Strategic Plan Committee - Robin Heinrichs School District Facilities Review Committee - Greg Razo Joint Building Code Review Committee - Tom Abell Emergency Services Council - Gabrielle LeDoux Economic Development Committee - Gabrielle LeDoux Planning and Zoning Commission monthly representative: January March May July September November BRANSON, seconded by ABELL VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED 3. Appointment to the Service Area No. 1 Board. BRANSON, seconded by RAZO Clerk Nielsen said Scott Arndt was elected to a three -year term on the Board and resigned this one -year unexpired term and created a vacancy on the board. VOTE ON MOTION Ayes: Noes: Absent: Regular Assembly Meeting December 20, 2001 Greg Razo Tuck Bonney Darlene Turner Pat Branson Robin Heinrichs Robin Heinrichs February April June August October December Wayne Stevens Greg Razo Tom Abell Wayne Stevens DarleneTurner Pat Branson moved to confirm the mayoral appointments of Assemblymember representatives to Boards, Committees, Commissions, and Councils. Razo, Abell, Bonney, Branson, Heinrichs None Stevens, Turner Unanimous moved to appoint Ed Mahoney to a seat on the Service Area No. 1 Board for a term to expire October 2002. Abell, Bonney, Branson, Heinrichs, Razo None Stevens, Turner CONFIRM MAYORAL APPOINTMENT OF ASSEMBLY REPS TO BOARDS SERVICE AREA NO. 1 BOARD APPOINTMENT Volume XXVII Page 113 MOTION CARRIED RAZO, seconded by BRANSON Clerk Nielsen noted the unexpected passing of Mr. Alexander. VOTE ON MOTION MOTION CARRIED BONNEY, seconded by RAZO Manager Carlson said the funding request worksheet from the Kodiak Salmon Work Group and funding information from the finance director were attached. Representatives from the Work Group were available to answer any questions. In response to Assemblymember Branson, Manager Carlson advised that the funds would be appropriated from the Economic Development budget. Assemblymember Bonney requested a full accounting from the Work Group. He hoped to establish a policy for fishery funding requests. Assemblymember Razo supported the funding request. Assemblymember Branson favored using funds from the Economic Development budget. She wanted to discuss a policy for future funding requests. VOTE ON MOTION Ayes: Noes: Absent: 4. Planning and Zoning Commission and Personnel Advisory Board Vacancies. 5. Kodiak Salmon Work Group Funding Request. MOTION CARRIED Unanimous CITIZENS' COMMENTS Regular Assembly Meeting December 20, 2001 moved to declare the seats held by Paul Alexander on the Planning and Zoning Commission and Personnel Advisory Board vacant and direct the clerk to advertise the vacancy per Borough code. Unanimous voice vote moved to approve the funding request of the Kodiak Salmon Work Group in an amount not to exceed $10,000. Bonney, Branson, Heinrichs, Razo, Abell None Stevens, Turner Mike Milligan complemented the Assembly for the process on Resolution No. 2001 -21. Vicki Jo Kennedy appreciated everyone who worked on Resolution No. 2001 -21. She wished everyone merry Christmas. She thanked the Clerk's office for their help. P &Z COMMISSION AND PERSONNEL ADVISORY BOARD VACANCIES KODIAK SALMON WORK GROUP FUNDING REQUEST CITIZENS' COMMENTS Volume XXVII Page 114 Captain Dave Davis applauded the integrity of the Assembly. Chris Berns thanked the Assembly for the consideration and approval of the Salmon Work Group funding request. Dave Kubiak thanked the Assembly for conducting their business in a professional manner. ASSEMBLYMEMBER COMMENTS Assemblymember Branson wished everyone happy holidays. Assemblymember Bonney was glad to see the mitigation funds get into the hands of those affected. He extended his condolences to Bud Cassidy at the loss of his mother. Assemblymember Abell wished everyone happy holidays. Assemblymember Razo wished everyone a merry Christmas and thanked the Borough staff for their professionalism. Deputy Mayor Heinrichs was thankful for the Borough staff and appreciated Clerk Nielsen, Deputy Clerk Javier, and Peggy Dvorak for their support to the Assembly. Deputy Mayor Heinrichs announced that the Assembly would meet in a work session on Thursday, December 27 at 7:30 p.m. in the Borough conference room and a regular meeting on Thursday, January 3, 2001 at 7:30 p.m. in the assembly chambers. He announced that Borough offices would be closed Monday and Tuesday, December 24 -25, 2001 in observance of the Christmas holiday and Tuesday, January 1 in observance of New Year's day. ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 10:40 p.m. //ac rielle LeDoux, ayor ATTEST: udith A. Nielsen, CMC Approved: 01/17/2002 Borough Clerk Regular Assembly Meeting December 20, 2001 ASSEMBLYMEMBER COMMENTS ADJOURNMENT Volume XXVII Page 115