Loading...
1992-10-01 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held October 1, 1992 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:33 p.m. The invocation was given by Envoy Craig Fanning from the Salvation Army, followed by the Pledge of Allegiance. There were present: ROLL CALL Jack McFarland, Presiding Betty Fitzjearl Suzanne Hancock Mike Milligan Mary Monroe absent: Gordon Gould comprising a quorum of the Assembly; and Jerome Selby, Borough Mayor Donna Smith, Borough Clerk Linda Freed, Community Development Director Assemblymember Gould was vacationing out -of -town and asked to be excused. Assemblymember Stevens was ill and asked to be excused. MONROE, seconded by FITZJEARL VOTE ON MOTION KODIAR ISLAND BOROUGH Regular Assembly Meeting October 1, 1992 Gary Stevens moved to excuse Assemblymember Gould and Assemblymember Stevens. MOTION CARRIED Unanimous voice vote FITZJEARL, moved to approve s°conA -A by MILTIGAN Regular Assembly Meeting October 1, 1992 agenda and l:Vll'ent agenda. Clerk Smith read the items for consideration under "Consent Agenda ". KIBS104860 REGULAR MEETING APPROVAL OF AGENDA AND CONSENT AGENDA AGENDA AND CONSENT AGENDA Volume XV Page 259 VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED APPROVAL OF MINUTES A. K.I.B. Assembly regular meeting of August 6, 1992 and special meeting of August 27, 1992. This item was approved under "Consent Agenda ". AWARDS AND PRESENTATION A. Employee of the Month Mayor Jerome Selby presented the Employee of the Month Award to Sharon Ludwig, accounting technician in the Finance Department. Mayor Selby proclaimed October 4 -10, 1992, "Mental Illness Awareness Week ". The proclamation was accepted by Clare Hurt, representing the Kodiak Alliance for the Mentally I11. Mayor Selby proclaimed October, 1992, "National Disabilities Employment Awareness Month ". The proclamation was accepted by Joe Kelly of the Kodiak Area Natives Association. Mayor Selby proclaimed October, 1992 "Domestic Violence Awareness Month" and presented the proclamation to Jean Dixon of the Kodiak Women's Resource and Crisis Center. CITIZEN COMMENTS Fitzjearl, Hancock, Milligan, Monroe, McFarland None Gould, Stevens Unanimous A. Agenda Items Not Scheduled For Public Hearing Ellen Cloudy, Selief Lane resident, objected to Ordinance No. 92 -14 and felt the area should be zoned residential. She said the green belt was an inadequate buffer. She had spoken at many public hearings and conceded that light industrial zoning was better than industrial zoning. Ms. Cloudy asked questions about traffic patterns and youth walking KIBS104861 APPROVAL OF MINUTES AWARDS AND PRESENTATIONS EMPLOYEE OF THE MONTH PROCLAMATIO PROCLAMATION PROCLAMATION CITIZEN COMMENTS Regular Assembly Meeting October 1, 1992 Pi ; patterns as Selief Lane was heavily used as an arterial road. Monte Hauver spoke to Ordinance No. 92 -14 and hoped the Assembly would take a good hard long look at R -3 zoning because he felt business, industrial, and light industrial zoning were not applicable to the area. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS COMMITTEE REPORTS Jon Aspgren, Planning and Zoning Commissioner, spoke to Ordinance No. 92 -14 in that the Commission tried to down -grade industrial zoning to light industrial. He said that Von Scheele Way was constructed for traffic in an industrial area. He pointed out there was a need for industrial zoning for crab pot storage. He added that if rezoned to residential, traffic would increase. He reminded the Assembly that the area was in the Safeway development area. Mr. Aspgren responded to questions regarding the Planning and Zoning Commission's discussions and recommendations on rezones. He said land for development was in the realm of the Borough resource manager. He felt that taking a piece of industrial property and not offering an alternative site was not fair. Salonie Creek was pointed out by Assemblymember Fitzjearl as an ideal site for crab pot storage. Mr. Aspgren agreed and added that the Planning and Zoning Commission received testimony that industrial land should not be lost. Presiding Officer McFarland appreciated all the work the Planning and Zoning Commission had done but felt there should have been no hurry because the sector was very important. Mr. Aspgren opposed residential zoning for the Selief Lane area. He pointed out business and industrial development was taking place in the area and residential was encroaching on the industrial zoning. The Assembly discussed with Linda Freed, Community Development Director, the Planning and Zoning Commission's recommendation. She said the entire area was rezoned in 1980 to industrial. She reported that because a portion of the property was Regular Assembly Meeting October 1, 1992 KIBS104862 Volume XV Page 51 subsequently rezoned residential, the completed Kodiak Master Plan for the road system identified Selief Lane as a major traffic route and Von Scheele Road as an arterial route. She said that at the request of the Assembly, the Commission prepared a plan for the area, the basis of which was that Safeway formed a central development area for the community. She said that as a result of the plan, the Commission recommended rezoning to light industrial. PUBLIC HEARING None. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported progress on the Kodiak High School Phase III renovation. He said that a value -added grant request was completed to generate monies to develop a plan to attract private enterprise to generate a value -added processing plan. He reported that the North Pacific Fishery did not have a management plan for 1993, so the status quo might happen. He anticipated receiving a quit claim deed on Peterson Elementary School and a check for $3.7 million. He added that plans were prepared to start construction in 1993. He passed along a placque from the Kodiak Island Visitors and Convention Bureau in appreciation for funding provided by the Assembly. He announced that seminars with Alyeska Pipeline on oil burning and dispersant were being held at this time. Regular Assembly Meeting October 1, 1992 KIBS104863 PUBLIC HEARING MESSAGES FROM MAYOR • OLD BUSINESS OLD BUSINESS A. Ordinance No. 92 -14 Rezoning Lots 4 Through 9 ORDINANCE and Lot 11, Block 3, Lakeside Subdivision From NO. 92 -14 I- Industrial To LI -Light Industrial and Rezoning Lot 10, Block 3, Lakeside Subdivision From PL- Public Use Land To NU- Natural Use Land. (Vicinity of Von Scheele Way, Selief Lane, and Beaver Lake Loop) Volume XV Page 262 Presented for consideration was Ordinance No. 92 -14 which, if adopted, rezoned a total of eight lots in Lakeside Subdivision. The motion to adopt Ordinance No. 92 -14 was before the Assembly. Assemblymember Hancock was of the opinion that light industrial zoning created less traffic than residential or business. She pointed out that Kodiak was a fishing community that needed to develop services for the fleet and that there was not the need for residential property. Assemblymember Milligan felt the best use of the property was for residential, although he did not wish to erode industrial zoning. FITZJEARL, seconded by MILLIGAN Assemblymember Fitzjearl explained that retail business was one step down from light industrial and still allowed for residences. The Assembly discussed at length their opinions of the zoning for the subdivision. FITZJEARL, moved to postpone seconded by MONROE to next meeting. Assemblymember Milligan felt the postponement was appropriate because the rezone severely affected traffic and land use patterns. VOTE ON MOTION TO POSTPONE Ayes: Fitzjearl, Milligan, McFarland Noes: Hancock, Monroe Absent: Gould, Stevens MOTION FAILED 3 Ayes, 2 Noes K1BS104864 Regular Assembly Meeting October 1, 1992 moved to amend Ordinance No. 92 -14 to rezone Lots 4 through 10, Block 3, Lakeside Subdivision from I -- Industrial to RB -- Retail Business. Volume XV Page 263 VOTE ON MOTION TO AMEND Ayes: Milligan, Fitzjearl, McFarland Noes: Hancock, Monroe Absent: Gould, Stevens MOTION FAILED 3 Ayes, 2 Noes VOTE ON MOTION TO ADOPT Ayes: Monroe, Hancock Noes: Milligan, Fitzjearl, McFarland Absent: Gould, Stevens MOTION FAILED 2 Ayes, 3 Noes NEW BUSINESS A. BID AWARDS 1. Contract No. 92 -42 Materials and CONTRACT Installation of Fencing for Smokey's Metal NO. 92 -42 Dump. Mayor Selby reported that Engineering /Facilities Director, Steve Hobgood, and Borough attorney, Joel Bolger, recommended that all bids be rejected and the project re -bid immediately to include the new scope of work. MONROE, seconded by FITZJEARL VOTE ON MOTION Ayes: Regular Assembly Meeting October 1, 1992 moved to reject all bids and re -bid project immediately. Hancock, Milligan, Monroe, Fitzjearl, McFarland Noes: None Absent: Gould, Stevens MOTION CARRIED Unanimous KIBS10486 NEW BUSINESS BID AWARDS Volume XV Page 264 2. Contract No. 92 -43 Operation of Metals Program at Landfill. In consideration of the cost effectiveness of all options available, staff recommended that all bids to process metals be rejected in favor of proceeding with the metal recycling option. Mayor Selby reported this was for removal of metals at Smokey's Metal Dump and anticipated reduction of the cost by accepting metal from the Coast Guard and any other entity interested in disposing of scrap metal. Assemblymember Fitzjearl questioned useability of the land once cleaned. Mayor Selby responded that under Environmental Protection Act guidelines, the property would be stripped of all contaminated material. FITZJEARL, seconded by MONROE VOTE ON MOTION moved to reject all bids associated with the processing of metals within the Kodiak Island Borough. Ayes: Monroe, Hancock, Milligan, McFarland CONTRACT NO.92 -43 Noes: Fitzjearl Absent: Gould, Stevens MOTION CARRIED 4 Ayes, 1 No B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 92 -42 Adopting a Capital RESOLUTION Improvement Program for Fiscal Years 1994 NO. 92 -42 Through 1998 and Establishing Capital Project Priorities. Presented for consideration was Resolution No. 92 -42 which, if adopted, re- prioritized the Capital Improvement Project list. FITZJEARL, moved to adopt seconded by MONROE Resolution No. 92 -42. Mayor Selby explained that the first eight items on the list were the same as on the joint city /borough capital improvements list. He pointed out that there was a sub -group of 150 projects, including village Regular Assembly Meeting October 1, 1992 KIBS104866 Paje .'D projects. He explained that the Planning and Zoning Commission focused on infra - structure type programs. FITZJEARL, seconded by MONROE VOTE ON MOTION TO AMEND Ayes: moved to amend to include the Planning and Zoning Commission's recommendation for capital improvement project priorities as required by Kodiak Island Borough Code. Fitzjearl, Hancock, Milligan, Monroe, McFarland Noes: None Absent: Gould, Stevens MOTION CARRIED Unanimous VOTE ON MOTION AS AMENDED Ayes: Hancock, Milligan, Monroe, Fitzjearl, McFarland Noes: None Absent: Gould, Stevens MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS MONROE, moved to accept, with seconded by FITZJEARL regret, the resignation of Evelyn M. Mortimer from the Mental Health Center Advisory Board. Assemblymember Monroe appreciated the involvement of Ms. Mortimer on the Mental Health Center Advisory Board. Regular Assembly Meeting October 1, 1992 KIBS104867 ORDINANCES FOR INTRODUCTION OTHER ITEMS 1. Resignation of Mental Health Center RESIGNATION Advisory Board Member. Volume XV Page 266 VOTE ON MOTION MOTION CARRIED Unanimous voice vote Ayes: 2. Zoning Violation Clean -up Review for Compliance and Authorization for Bid Proposals. FITZJEARL, seconded by MILLIGAN FITZJEARL, seconded by HANCOCK VOTE ON MOTION Regular Assembly Meeting October 1, 1992 moved to review compliance progress of Lot 5, Block 7, Monashka Bay Subdivision. Mayor Selby explained the Bob Scholze, associate planner- enforcer in the Community Development Department, visited the property and determined that approximately 50% of the non - compliance material and the structure remained on the property. Linda Freed, Community Development Department Director, expressed the opinion that from a staff prospective, non - enforcement on the property made it difficult to enforce compliance with other property owners. moved to amend to allow two weeks from this date as a final extension and direct staff to bid if clean- up is not completed. Milligan, Monroe, Fitzjearl, Hancock, McFarland Noes: None Absent: Gould, Stevens MOTION CARRIED Unanimous INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Mental Health Center Advisory Board Minutes of July 17, August 10 and August 24, 1992. 2. Kodiak Island Hospital Advisory Board Meeting of August 26, 1992. KIBS104868 ZONING VIOLATION Vol. e Pare B. REPORTS None. C. OTHER None. CITIZEN COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymembers Hancock and Monroe encouraged the public to vote. Assemblymember Fitzjearl expressed sympathy to Emily Nekeferoff on the loss of her daughter. She asked Mayor Selby to explain the liabilities being accepted by the Borough on Peterson Elementary School. Mayor Selby explained that risks to the Borough were analyzed and abatement of asbestos was a major concern. He said the Borough attorney recommended accepting the funds and repairing the building. Presiding Officer McFarland recognized his daughter, Angela McFarland, who attended the meeting as a journalist. Presiding Officer McFarland announced his desire to reconsider Ordinance No. 92 -14 and Assemblymember Milligan concurred. He announced the Assembly would meet in work session on October 8th at 7:30 p.m. in the Borough conference room and regular meeting on October 1$th at 7:30 p.m. in the Assembly Chambers. He informed the public that October 2nd was the last day to register to vote for the general election and recommended the public call the Borough or City Clerk for information on where to register. He announced that Friday, October 2nd, and Monday, October 5th, voters could cast an absentee ballot in person at the Borough building. He announced the October 6th municipal election and urged people to cast their vote for the candidates of their choice. MILLIGAN, seconded by MONROE Regular Assembly Meeting October 1, 1992 moved to adjourn. KIBS104869 REPORTS OTHER CITIZEN COMMENTS ASSEMBLYMEMBER COMMENTS ADJOURNMENT Volume XV Page 268 VOTE ON MOTION MOTION CARRIED Unanimous There being no further business to come Assembly, the meeting adjourned at 9:44 ATTEST: orough Clerk Approved: 12/03/92 Regular Assembly Meeting October 1, 1992 KIBS104870 voice vote before the p.m. Volume Xv Page 269