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1992-10-15 Regular MeetingAPPROVAL OF AGENDA KODIAK ISLAND BOROUGH Regular Assembly Meeting October 15, 1992 A regular meeting of the Kodiak Island Borough Assembly was held October 15, 1992 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:35 p.m. The invocation was given by Pastor Alan Ross from Interact Ministries, followed by the Pledge of Allegiance. There were present: Jack McFarland, Presiding Betty Fitzjearl Gordon Gould Suzanne Hancock Mike Milligan Mary Monroe Gary Stevens comprising a quorum of the Assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Donna Smith, Borough Clerk Judi Nielsen, Borough Deputy Clerk STEVENS, moved to approve seconded by GOULD agenda as submitted. VOTE ON MOTION Ayes: Noes: MOTION CARRIED APPROVAL OF MINUTES A. FITZJEARL, seconded by MONROE Regular Assembly Meeting October 15, 1992 Fitzjearl, Gould, Hancock, Milligan, Monroe, Stevens, McFarland None Unanimous K.I.B. Assembly Special Meeting Minutes of September 24, 1992. moved to approve special assembly meeting minutes of September 24, 1992. KIBS104871 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Volume XV Page 270 VOTE ON MOTION MOTION CARRIED AWARDS AND PRESENTATION A. Student of the Month Mayor Jerome Selby presented the Student of the Month award to Jeremiah LeGrue, a senior at Kodiak High School. Mayor Selby proclaimed October 24 - November 1, 1992, "Red Ribbon Week" and encouraged all citizens to participate in drug prevention education activities. Thomas Goldston, Kodiak Council on Alcoholism director, accepted the proclamation. CITIZEN COMMENTS A. Agenda Items Not Scheduled For Public Hearing Ellen Cloudy urged reconsideration of the vote taken on Ordinance No. 92 -14 in that she felt residential zoning was a more appropriate zoning than industrial. She was of the opinion that light industrial zoning caused traffic and pedestrian problems. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS Jerrol Friend, Planning and Zoning Commissioner, was available to answer questions. Assemblymember Monroe announced that the Mental Health Center Policy and Procedure Manual was near completion and site review was scheduled for next week. Assemblymember Hancock attended Prince William Sound Oil Spill Recovery Institute meetings and studied ways to eliminate future oil spills. PUBLIC HEARING None. Regular Assembly Meeting October 15, 1992 KIBS104872 Unanimous voice vote AWARDS AND PRESENTATIONS STUDENT OF THE MONTH PROCLAMATION CITIZEN COMMENTS COMMITTEE REPORTS PUBLIC HEARING Volume XV Page 271 MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby announced October 30th as the date Requests for Proposal on the hospital were due. He reported that $50 million Exxon Valdez funds removed from a bill before the legislature were to be reintroduced in another bill. He announced that Dave Rose was retained as the Alaska Municipal League investment advisor. Mr. Rose was caretaker of the permanent fund for years. OLD BUSINESS OLD BUSINESS A. Reconsideration of Ordinance No. 92 -14 RECONSIDER Rezoning Lots 4 Through 9 and Lot 11, Block ORDINANCE 3, Lakeside Subdivision From I- Industrial NO. 92 -14 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) Presiding Officer McFarland, with Assemblymember Milligan's concurrence, requested that the October 1, 1992, action that failed to adopt Ordinance No. 92 -14 be reconsidered. Presiding Officer McFarland passed the gavel to Deputy Presiding Officer Stevens. MCFARLAND moved to reconsider seconded by FITZJEARL action taken on Ordinance No. 92 -14 VOTE ON MOTION TO RECONSIDER Ayes: Fitzjearl, Gould, Hancock, Milligan, Monroe, Stevens, McFarland Noes: None MOTION CARRIED Unanimous Deputy Presiding Officer Stevens passed the gavel back to Presiding Officer McFarland. The motion to adopt Ordinance No. 92 -14 was before the Assembly. Regular Assembly Meeting October 15, 1992 KIBS104873 ORDINANCE NO. 92 -14 Volume XV Page 272 Assemblymember Hancock felt that the recommendation of the Planning and Zoning Commission fit in with the new zoning districts, with the way the neighborhood was developing, and with the City of Kodiak's plans to develop a police and fire service center. She said that based on current use, she supported light industrial zoning as residences and small businesses created more traffic. General discussion ensued regarding the comprehensive plan and light industrial zoning. Crab pot transportation and traffic were major concerns. Assemblymember Milligan felt that the best place to store crab pots was near water. MILLIGAN, moved to amend seconded by FITZJEARL Ordinance No. 92 -14, Section 2 to change from LI -Light Industrial to R- 2 - -Two Family Residential. Assemblymember Milligan explained his amendment to rezone to R -2 was so the residential potential of the area could be discussed. He was of the opinion that there were two main arterial roads - -Mill Bay Road and Rezanof Drive - -and two sub - arterial roads -- Mission Road and Selief Lane. He was not convinced that a correctional facility was incompatible with residential areas. Assemblymember Monroe favored light industrial zoning as it allowed a gradual change from one zoning district to another and lessened traffic. Assemblymember Fitzjearl read from the 1968 Comprehensive Plan that favored residential zoning near shopping centers. She recognized that traffic would increase but felt that residents were more cautious since they weren't hauling crab pots, etc. She was not leaning toward R -2 zoning. The Community Development Director, Linda Freed, was asked about R- 2 - -Two Family Residential zoning. She said that R -2 zoning was inconsistent with the Comprehensive Plan. Assemblymember Stevens was in favor of accepting the Planning and Zoning Commission recommendation. Assemblymember Gould thought R -2 zoning would not protect the neighborhood. Regular Assembly Meeting October 15, 1992 KIBS104874 • Volume A': Page _ ' l Assemblymember McFarland appreciated the efforts of the Planning and Zoning Commission but reaffirmed the fact that the Commission was advisory to the Assembly. VOTE ON MOTION TO AMEND Ayes: Noes: MOTION FAILED FITZJEARL, seconded by MILLIGAN Assemblymember Fitzjearl qualified her amendment in that she felt there was little difference between retail business and light industrial zoning. Assemblymember Gould supported the Commission's recommendation. Assemblymember Milligan felt that retail business zoning had potential and that Near Island was appropriate for crab pot storage. Assemblymembers Gould and Hancock felt the area was not suitable for high density residences. Presiding Officer McFarland expressed concern about drainage in a light industrial zoning area. VOTE ON MOTION TO AMEND Ayes: Milligan, McFarland, Fitzjearl Noes: Hancock, Monroe, Gould, Stevens MOTION FAILED 3 Ayes, 4 Noes Regular Assembly Meeting October 15, 1992 Milligan, McFarland, Fitzjearl Gould, Hancock, Monroe, Stevens 3 Ayes, 4 Noes moved to amend Ordinance No. 92 -14 by rezoning Lots 4 through 9 and Lot 11 to RB -- Retail Business and in Section 3 to require a buffer zone on Lot 10. KIBS104875 • Volume XV Page 274 VOTE ON MOTION TO ADOPT Ayes: Milligan, McFarland, Fitzjearl MOTION CARRIED 4 Ayes, 3 Noes NEW BUSINESS A. BID AWARDS None. B. RESOLUTIONS 1. Resolution No. 92 -43 Accepting National Forest Receipts. Noes: Presented for consideration was Resolution No. 92 -43 which, if adopted, accepted funds from National Forest Receipts to be used only for the benefit of public schools and /or public roads. GOULD, moved to adopt seconded by MONROE Resolution No. 92 -43. Mayor Selby explained that the resolution was required to receive funds from the National Forest Receipts and that the anticipated amount was $3,000. VOTE ON MOTION Ayes: Noes: MOTION CARRIED Unanimous Presented which, if results. STEVENS, seconded by GOULD Regular Assembly Meeting October 15, 1992 Monroe, Stevens, Gould, Hancock Milligan, Monroe, Stevens, Fitzjearl, Gould, Hancock, McFarland None 2. Resolution No. 92 -44 Ratifying and Confirming the Results of the Municipal Election Held October 6, 1992. for consideration was Resolution No. 92 -44 adopted, ratified and confirmed election moved to adopt Resolution No. 92 -44. KIBS104876 NEW BUSINESS BID AWARDS RESOLUTIONS RESOLUTION NO. 92 -43 RESOLUTION NO. 92 -44 Volume XV Page 275 VOTE ON MOTION Ayes: Noes: MOTION CARRIED GOULD, seconded by STEVENS VOTE ON MOTION Ayes: Noes: Regular Assembly Meeting October 15, 1992 Monroe, Stevens, Fitzjearl, Gould, Hancock, Milligan, McFArland None Unanimous C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 92 -17 Deleting Kodiak Island Borough Code 17.65 and Providing for Appeals of Decision Made Under Kodiak Island Borough Code 17.03.090. Presented in first reading was Ordinance No. 92 -17 which, if adopted, deleted Chapter 17.65 Exceptions and added Section 17.03.090 of the Kodiak Island Borough Code. moved to advance Ordinance No. 92 -17 to public hearing on November 5, 1992. Mayor Selby reported that the Borough attorney's opinion was that exceptions were incompatible with Alaska Statutes 29.40. The Planning and Zoning Commission held two public hearings on the issue and recommended deleting Chapter 17.65 Exceptions and related references from the Borough Code. Stevens, Fitzjearl, Gould, Hancock, Milligan, Monroe, McFarland None MOTION CARRIED Unanimous D. OTHER ITEMS 1. Contract No. 92 -43 Lobbying Services During 1993 Legislative Session. The lobbyist would represent the Kodiak Island Borough before the Alaska State Legislature and administration. His representation would focus on ORDINANCES FOR INTRODUCTION ORDINANCE NO. 92 -17 OTHER ITEMS CONTRACT NO. 92 -43 KIBS104877 Vo. r P3ie+ . .. the Borough's various projects before the 1993 legislature. MONROE seconded by FITZJEARL Mayor Selby stated the services of the lobbyist were beneficial island -wide. VOTE ON MOTION Ayes: Noes: MOTION CARRIED 2. Acquisition of Land Parcel for a Burn Building Training Center. The Fire Protection Area No. 1 Board requested negotiations be entered into with the owner of property adjacent to the Bayside Fire Station for the purpose of constructing a burn building training center. The Board recommended the purchase subject to zoning approval by the Planning and Zoning Commission. The negotiated sales agreement would be presented to the Assembly for final approval. GOULD, seconded by MONROE Vnmv nu MQTTnu Ayes: Noes: KIBS104878 Regular Assembly Meeting October 15, 1992 moved to award Contract No. 92 -43 to Don Kubley for lobbying services to be rendered November 1, 1992 through December 31, 1993, in an amount not to exceed $33,000. Fitzjearl, Gould, Hancock, Milligan, Monroe, Stevens, McFarland None Unanimous moved to authorize the mayor to negotiate the purchase of Lot 2A -1A, Block 5, Miller Point Subdivision for the purpose of developing a burn building training center. Gould, Hancock, Milligan, Monroe, Stevens, Fitzjearl, McFarland None LAND ACQUISITION BURN BUILDIr ' TRAINING cr Pi :e MOTION CARRIED Unanimous ASSEMBLYMEMBER/ 3. Installation of Newly- elected MAYOR Assemblymembers and Mayor. INSTALLATION Newly- elected officials take office on Monday November 19, 1992. Mayor Selby, Assemblymember Austerman and Assemblymember Monroe were given the oath -of- office by Clerk Smith. SERVICE DISTRICT 4. Installation of Newly- Elected Service BOARD MEMBER District Board Members. INSTALLATION Bav View Road Service Area - three -year terms Dawn Lea Black Colleen Helligso Monashka Bav Road Service Area - three -year terms Mitch Hull Mark Withrow Service District No. 1 - three -year terms Tom Abell Scott Arndt Womens Bav Service Area - three -year terms David G. Conrad Laurie Madsen Womens Bav Service Area - two -year term Jean D. Barber Fire Protection Area No. 1 - three -year term Greg Spalinger Colleen Helligso was present to take the oath of office as a board member on the Bay View Road Service Board. INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Planning & Zoning Commission Regular Meeting of August 19, 1992 and Special Meeting of August 26, 1992. Regular Assembly Meeting October 15, 1992 KIBS104879 Volure .XV Page .'3 2. Kodiak Island Hospital Advisory Board Meeting of September 9, 1992. 3. Kodiak Island Borough School District Special Meetings of September 8 and 21, 1992. 4. Personnel Advisory Board Meetings of July 8 and September 30, 1992. B. REPORTS REPORTS 1. KIB September 1992 Financial Report. 2. KIBSD August 1992 Financial Report. C. OTHER OTHER None CITIZEN COMMENTS CITIZEN COMMENTS None. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Presiding Officer McFarland presented a placque to outgoing Assemblymember Gary Stevens in recognition of his service on the Borough Assembly. Presiding Officer McFarland announced the Assembly would meet in a joint Borough Assembly /City Council work session on October 20th at 7:30 p.m. in the City conference room, in work session on October 29th at 7:30 p.m. in the Borough conference room and regular meeting on November 5th at 7:30 p.m. in the Assembly Chambers. GOULD, seconded by MONROE VOTE ON MOTION MOTION CARRIED There being no further business to come before the Assembly, the meeting adjourned at 9:03 p.m. ATTEST: Borough Clerk Approved: 12/03/92 Regular Assembly Meeting October 15, 1992 moved to adjourn. ADJOURNMENT Unanimous voice vote KIBS104880 Volume XV Page 279 A regular meeting of the Kodiak Island Borough Assembly was held November 5, 1992 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 Bryce Ray of the Bible Chapel, followed by the Pledge of Allegiance. There were present: Jack McFarland, Betty Fitzjearl Suzanne Hancock Mike Milligan comprising a quorum of the Assembly; and Jerome Selby, Borough Mayor Judi Nielsen, Borough Deputy Clerk Jane Edmonds, Records Coordinator APPROVAL OF AGENDA FITZJEARL, seconded by FITZJEARL, seconded by VOTE ON MOTION TO AMEND MOTION CARRIED VOTE ON MOTION AS AMENDED Ayes: Noes: MOTION CARRIED AUSTERMAN MILLIGAN Regular Assembly Meeting November 5, 1992 KODIAR ISLAND BOROUGH Regular Assembly Meeting November 5, 1992 Presiding Gordon Gould Mary Monroe Alan Austerman moved to approve agenda as submitted. moved to amend agenda by moving item number 12.D.1, Reorganization of Assembly, to item number 12.A.1 and moving all subsequent items to follow. Unanimous voice vote Austerman, Fitzjearl, Gould, Hancock, Milligan, Monroe, McFarland None Unanimous KIBS104881 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA Volume XV Page :d0 APPROVAL OF APPROVAL OP MINUTES MINUTES GOULD, seconded by FITZJEARL moved to approve minutes of September 3, 1992. Assemblymember Milligan announced the minutes were not included in his packet. After a five minute recess at 7:35 allowing Assemblymember Milligan time to read the minutes, Presiding Officer McFarland reconvened the regular meeting. VOTE ON MOTION MOTION CARRIED AWARDS AND PRESENTATIONS Mayor Jerome Selby presented the Employee of the Month Award to Barbara Templeton, administrative assistant in the Mayor's office. Unanimous voice vote AWARDS AND PRESENTATIONS A. Employee of the Month EMPLOYEE OF THE MONTH CITIZEN COMMENTS CITIZEN COM S A. Agenda Items Not Scheduled For Public Hearing None. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS COMMITTEE REPORTS Jerrol Friend, Planning and Zoning Commissioner, was available to answer questions regarding rural development zoning. Presiding Officer McFarland reported attending the Parks and Recreation Committee budget meeting and appreciated the efforts of the committee and Community Development Department staff. PUBLIC HEARING PUBLIC HEARING All ordinances and resolutions presented at this meeting were introduced by title only and copies made available to the public. Regular Assembly Meeting November 5, 1992 KIBS104882 • Volume XV Page 281 A. Ordinance No. 92 -17 Deleting Kodiak Island ORDINANCE Borough Code 17.65 and Providing for Appeals of NO. 92 -17 Decision Made Under Kodiak Island Borough Code 17.03.090. Presented for consideration was Ordinance No. 92 -17 which, if adopted, deleted Chapter 17.65 Exceptions and added Section 17.03.090 of the Kodiak Island Borough Code. GOULD, moved to adopted seconded by MILLIGAN Ordinance No. 92 -17. Linda Freed, Community Development Department Director, explained that the exception process in the code allowed use variances. She said the Planning and Zoning Commission determined that the code was inconsistent with Alaska Statutes. Assemblymember Fitzjearl expressed concern that previously granted exceptions would not be allowed. Director Freed assured the Assembly that if Chapter 17.65 Exceptions were deleted, any currently held exception, if continued as granted, was allowed. Presiding Officer McFarland called for public testimony. Scott Arndt opposed Ordinance No. 92 -17. He felt the Borough attorney's letter was vague and contended that the exception process, if used sparingly, was not abused. He referred to projects in the community that would not have taken place without exceptions and was concerned that future projects may not conform without benefit of exceptions. Presiding Officer McFarland closed the public hearing and reconvened the regular meeting. FITZJEARL, seconded by AUSTERMAN Regular Assembly Meeting November 5, 1992 moved to amend Ordinance No. 92 -17 to change section 7 to read: "17.36.090 Exceptions. "Exceptions granted prior to the effective date of this ordinance are not affected by the repeal of KIBC 17.65. All such previously authorized exceptions shall henceforth be viewed as having established permitted KIBS104883 Volume XV Page 282 Discussion ensued regarding the scope and effectiveness of the amendment. Assemblymember Gould felt zoning requirements protected the integrity of neighborhoods and the value of property. VOTE ON MOTION TG AMEND Ayes: Fitzjearl uses with respect to the properties affected by them. "" Noes: Gould, Hancock, Milligan, Monroe, Austerman, McFarland MOTION FAILED 1 Aye, 6 Noes VOTE ON MOTION Ayes: Gould, Hancock, Milligan, Monroe, McFarland Noes: Austerman, Fitzjearl MOTION CARRIED 5 Ayes, 2 Noes MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby informed the Assembly that the audit was complete. He tentatively scheduled the auditors to meet with the Assembly in work session in December for review of the comprehensive financial statement. He received the deed to Peterson Elementary School and the grant for $3.7 million. He said that preparation of the architectural Request- for - Proposal was underway for the $4.2 million renovation project. He spoke with Captain Barret of the U.S.C.G. regarding alternate classroom possibilities to enable closure of the school for one year. He anticipated the project to cover two school years if no alternate space was found. He said that Jon Kumin was in Kodiak working on Phase III of the Kodiak High School renovation project and anticipated scheduling a date for review of the plans with the school board and Assembly. Regular Assembly Meeting November 5, 1992 KIBS104884 VO:. P3 :« He attended the Outer Continental Shelf Advisory Council meeting where he viewed tests conducted on controlling oil spills. He said tests simulating currents helped develop technology that was unavailable during the Exxon Valdez oil spill. Mayor Selby reported that oil production in the United States had dropped below seven million barrels for the first time since 1958. He said the U.S. now imported close to 56% of the domestic oil and it was projected that U.S. production would drop by 300,000 barrels per year. He noted that interest in the Shelikof Straight lease sale was intense because it was one of few sales available for the next five years. He informed the Assembly that Mental Health Center Director, Martin White, was on board. He anticipated meeting with Department of Transportation Commissioner Frank Turpin and Department of Environmental Conservation Commissioner John Sandor at Alaska Municipal League Conferences November 9 -13 in Juneau for discussion on declining oil revenue. He planned to attend the governor's budget summit meeting. OLD BUSINESS None. NEW BUSINESS A. Reorganization of Assembly. Election of Presiding Officer and Deputy Presiding Officer. Nominations for Presiding Officer were opened. MILLIGAN, moved to nominate Jack McFarland as Presiding Officer of the Assembly. FITZJEARL, moved that nominations seconded by MILLIGAN for Presiding Officer be closed. VOTE ON MOTION to close nominations was unanimously favorable. Regular Assembly Meeting November 5, 1992 KIBS104885 • OLD BUSINESS NEW BUSINESS REORGANIZATION OF ASSEMBLY Volume XV Page 284 VOTE ON MAIN MOTION MOTION CARRIED Nominations for Deputy Presiding Officer were opened. FITZJEARL, MILLIGAN, Unanimous consent. moved to nominate Gordon Gould as Deputy Presiding Officer of the Assembly. moved to nominate Mary Monroe as Deputy Presiding Officer of the Assembly. FITZJEARL, moved to close seconded by MILLIGAN nominations. VOTE ON MOTION to close nominations was unanimously favorable. After calculation of the ballots, Deputy Clerk Nielsen announced that a majority vote of 4 -3 elected Assemblymember Gould as Deputy Presiding Officer of the Assembly. B. BID AWARDS 1. Contract Roof and AUSTERMAN, seconded by GOULD Regular Assembly Meeting November 5, 1992 No. 92 -44 East Elementary School Foundation Storm Drain Project. moved to award Contract No. 92 -44 East Elementary School Roof and Foundation Storm Drain Project to Brechan Enterprises of Kodiak, Alaska in an amount not to exceed $11,780. Mayor Selby explained that drainage problems near the playground caused erosion of the embankment. KIBS104886 BID AWARDS CONTRACT NO. 92 -44 Volume XV Page 285 VOTE ON MOTION Ayes: Noes: MOTION CARRIED Hancock, Milligan, Monroe, Austerman, Fitzjearl, Gould, McFarland None Unanimous 2. Contract No. 92 -45 Fence Materials and Installation at Smokey's Metal Yard. Installation of the fence was necessary to limit direct access to the area containing various metal components. MONROE, seconded by GOULD Mayor Selby reported that installation of the fence was required by the Borough's insurance company to maintain liability insurance coverage. VOTE ON MOTION Ayes: Noes: MOTION CARRIED GOULD, seconded by FITZJEARL Regular Assembly Meeting November 5, 1992 moved to award Contract No. 92 -45 Fencing Materials and Installation for Smokey's Metal Yard to Gilco Construction, Inc. of Anchorage, Alaska in an amount not to exceed $51,423. Milligan, Monroe, Austerman, Fitzjearl, Gould, Hancock, McFarland None Unanimous 3. Contract No. 92 -46 Baler Strapping Wire Purchase. Rids were solicited for 40,000 pounds of baler strapping wire. moved to award Contract No. 92 -46 Baler Strapping Wire to Davis Wire Corporation KIBS104887 CONTRACT NO 92 -45 CONTRACT NO. 92 -46 p i,. of Kent, Washington in an amount not to exceed $15,736. Mayor Selby explained this was an operating expense for the annual supply of 40,000 pounds of strapping wire. VOTE ON MOTION Ayes: Noes: MOTION CARRIED D. ORDINANCES FOR INTRODUCTION GOULD, seconded by FITZJEARL Regular Assembly Meeting November 5, 1992 Monroe, Austerman, Fitzjearl, Gould, Hancock, Milligan, McFarland None Unanimous C. RESOLUTIONS None. After a five minute recess at 8:55, Presiding Officer McFarland reconvened the regular meeting. 1. Ordinance No. 92 -18 Rezoning the Contiguous Piece of Land Owned by the City of Kodiak Between Lilly Lake and Von Scheele Way Generally Referred to as the Kodiak Municipal Airport From I-- Industrial To LI- -Light Industrial. Presented for consideration was Ordinance No. 92 -18 which, if adopted, rezoned a piece of land from industrial to light industrial making it consistent with the objectives of the comprehensive plan. moved to advance Ordinance No. 92 -18 to public hearing on November 19, 1992. Mayor Selby said the rezone was initiated by the City of Kodiak subsequent to Assembly adoption of the Lakeside /Safeway subarea Land use Plan. At Assemblymember Gould's question that the Lakeside area was not included in the rezone, Director Freed answered that the rezone was in response to a specific project with a time limit. KIBS104888 RESOLUTIONS • ORDINANCES FOR INTRODUCTION ORDINANCE NO. 92 -18 Volume XV Page d7 VOTE ON MOTION Ayes: Noes: None MOTION CARRIED Unanimous 2. Ordinance No. 92 -19 Rezoning a Five -Acre ORDINANCE Parcel of Land Known as ASLS 77 -131, NO. 92 -19 Located Along the South Shore of Hidden Basin, Ugak Bay on Kodiak Island, From C -- Conservation To RD- -Rural Development. Presented for consideration was Ordinance No. 92 -19 which, if adopted, rezoned a parcel of land from conservation to rural development to allow development of commercial uses consistent with traditional commercial developments of the past. MONROE, moved to advance seconded by FITZJEARL Ordinance No. 92 -19 to public hearing on November 19, 1992. Assemblymembers Gould and Austerman were concerned about enforcement of zoning laws in remote areas. Assemblymember Gould suggested the formation of a committee to create a comprehensive plan for remote areas. Assemblymember Hancock contended that remote areas were best served by few regulations. Assemblymember Milligan felt responsible to future generations to ensure that natural resources were maintained. Assemblymember Monroe agreed that an advisory group be formed as unauthorized uses were currently in place. Regular Assembly Meeting November 5, 1992 Austerman, Fitzjearl, Gould, Hancock, Milligan, Monroe, McFarland KIBS104889 Volume XV Page 288 VOTE ON MOTION Ayes: Noes: None MILLIGAN, seconded by GOULD VOTE ON MOTION Ayes: Noes: None MOTION CARRIED Unanimous MONROE, seconded by MILLIGAN Regular Assembly Meeting November 5, 1992 Fitzjearl, Gould, Hancock, Milligan, Monroe, Austerman, McFarland MOTION CARRIED Unanimous 3. Ordinance No. 92 -20 Rezoning a Five -Acre ORDINANCE Parcel of Land on the South Shore of Upper NO. 92 -20 Olga Lake From C -- Conservation to RD- -Rural Development. Presented for consideration was Ordinance No. 92 -20 which, if adopted, rezoned a five -acre parcel of land from conservation to rural development allowing land owners to develop commercial uses consistent with traditional development to remote upland areas. moved to advance Ordinance No. 92 -20 to public hearing on November 19, 1992. Gould, Hancock, Milligan, Monroe, Austerman, Fitzjearl, McFarland 4. Ordinance No. 92 -21 Rezoning Olga Bay ORDINANCE Cannery Cove Cannery Complex From C -- NO. 92 - 21 Conservation To RD- -Rural Development. Presented for consideration was Ordinance No. 92 -21 which, if adopted, rezoned from conservation to rural development to allow commercial use. moved to advance Ordinance No. 92-21 to public hearing on November 19, 1992. KIBS104890 • Volume XV Page 239 VOTE ON MOTION Ayes: Noes: MOTION CARRIED Unanimous 5. Ordinance No. 92 -22 Rezoning Twenty Acres ORDINANCE of Land, Consisting of Two Tracts, Located NO. 92 -22 Generally on the North Shore of Olga Bay in the Vicinity of Horse Marine Lagoon From C- - Conservation To RD- -Rural Development. Presented for consideration was Ordinance No. 92 -22 which, if adopted, rezoned twenty acres of land from conservation to rural development. GOULD, moved to advance seconded by MONROE Ordinance No. 92 -22 to public hearing on November 19, 1992. VOTE ON MOTION Ayes: Noes: MOTION CARRIED Unanimous Ordinance No. 92 -23 Rezoning U.S. Survey ORDINANCE 1889 From C -- Conservation To RD- -Rural NO. 92 -23 Development. (Generally Located Between Dog Salmon Creek and Horse Marine Lagoon on the South Shore of Olga Bay) for consideration was Ordinance No. 92 -23 adopted, rezoned property on the South Olga Bay from conservation to rural r allowing commercial development. 6. Presented which, if Shore of MILLIGAN, seconded by MONROE Regular Assembly Meeting November 5, 1992 Hancock, Milligan, Monroe, Austerman, Fitzjearl, Gould, McFarland None Milligan, Monroe, Austerman, Fitzjearl, Gould, Hancock, McFarland None Moved to advance Ordinance No. 92 -23 to public hearing on November 19, 1992. KIBS104891 Volute :.v Page .10 VOTE ON MOTION Ayes: Noes: None Monroe, Austerman, Fitzjearl, Gould, Hancock, Milligan, McFarland MOTION CARRIED Unanimous D. OTHER ITEMS OTHER ITEMS 4e.4 1. Memorandum of Agreement for Selief Lane MEMORANDUM Drainage Project. OF AGREEMENT AUSTERMAN, moved to agree that seconded by MONROE the City of Kodiak be in charge of design of the Selief Lane Drainage Project and the Borough pay fifty (50 %) percent of the design costs for relocation of the Selief Lane drainage, not to exceed $10,000. Assemblymember Fitzjearl asked Mayor Selby to explain the Borough expenditure. Mayor Selby responded that the project was to correct a drainage problem on Selief Lane that affected salmon runs in the area. Assemblymember Gould contended that staff be directed to prepare a memorandum of agreement that specified who was in charge of the project. Mayor Selby understood that City staff would do the design work and the Borough assist with funds. VOTE ON MOTION Ayes: Austerman, Gould, Hancock, Monroe, McFarland Noes: Fitzjearl, Milligan MOTION CARRIED 5 Ayes, 2 Noes Regular Assembly Meeting November 5, 1992 KIBS104892 Volume XV Page 291 INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Planning & Zoning Commission Meeting of September 30, 1992. 2. Kodiak Island Borough School District Board Regular Meeting of September 28, 1992 and Special Meeting of October 19, 1992. 3. Kodiak Island Hospital Advisory Board Meeting of September 23, 1992. 4. Kodiak Island Borough Mental Health Center Advisory Board Meetings of September 10 and September 28, 1992. B. REPORTS REPORTS 1. Kodiak Island Borough School District August 1992 and September 1992 Financial Reports. C. OTHER OTHER 1. Kodiak Island Borough Mental Health Center Advisory Board Resolution To Support Efforts To Research Feasibility To Recruit A Psychiatrist For Kodiak. CITIZEN COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Milligan encouraged public involvement in the rural development issue. Assemblymember Hancock agreed that people be involved in the rural development issue and long -range planning. Assemblymember Austerman questioned control of remote areas. He anticipated that Zachar Bay was in harm of being wasted as a pristine fishing wilderness area. He was concerned about National Wildlife Refuge interests and felt that assigning the issue to a committee caused unnecessary delay. At Assemblymember Austerman's question, Mayor Selby stated that a $200,000 grant from the State of Alaska for solid waste disposal site design was to improve the baler site. Regular Assembly Meeting November 5, 1992 KIBS104893 CITIZEN COMMENTS ASSEMBLYMEMBER COMMENTS Volume xV Page 292 Assemblymember Austerman questioned the $50,000 budget item for sound abatement in the shop area at the Kodiak High School. Mayor Selby answered that money was spent on analysis of noise levels and sound blocking that was placed between the shops. In response to Assembly discussion, Steve Hobgood, Engineering /Facilities Director, informed the Assembly that noise tests were conducted a various times and all noise levels fell within Occupational Safety & Health Administration guidelines. Assemblymember Austerman reported that the Hospital Advisory Board worked diligently toward improving the hospital budget and anticipated a four percent increase in rates that left a $250,000 fund balance at year end. Assemblymember Fitzjearl congratulated newly elected Assemblymembers. Assemblymember Fitzjearl asked when the Request -for- Proposal for operation of the hospital would be available for review. Mayor Selby anticipated the recommendation would be before the Assembly at the December 17th meeting. Assemblymember Fitzjearl was of the opinion that conservation zoning was initially put in place to protect remote areas from the oil industry and felt a comprehensive plan was beneficial. FITZJEARL, seconded by GOULD Regular Assembly Meeting November 5, 1992 moved to have staff put together an advisory committee comprised of concerned citizens and agencies to develop a comprehensive plan and to update the Coastal Zone Management Plan for the Kodiak Island Borough remote areas and to report their findings to the Assembly within 90 days. Assemblymember Milligan felt the motion was positive and reiterated the opinion that public input was important. KIBS104894 P1:. Presiding Officer McFarland suggested that the Planning and Zoning Commission redefine rural development zoning with input from native groups, the Alaska Department of Fish & Game, gill net groups and any user groups in the sport and guiding operations. General discussion ensued regarding the intent of Assemblymember Fitzjearl's motion. Director Freed informed the Assembly that a grant of $21,000 was awarded for update of the Coastal Management Plan. She said the plan was adopted in 1985 with a main tenant that it would be implemented through adoption of local regulations. After further discussion, Assemblymember Fitzjearl withdrew her motion with concurrence of the second. MOTION WITHDRAWN Concurrence of second Presiding Officer McFarland announced that members of the Assembly would travel to Juneau November 9 -13 to attend the Alaska Municipal League Conference and would meet in work session on Tuesday, November 17th at 7:30 p.m. in the Borough conference room and regular meeting on Thursday, November 19th at 7:30 p.m. in the Assembly chambers. AUSTERMAN, seconded by GOULD VOTE ON MOTION MOTION CARRIED Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 10:55 p.m. ATTEST: 02 Borough Clerk Approved: 12/03/92 Regular Assembly Meeting November 5, 1992 moved to adjourn. ADJOURNMENT KIBS104895 VoLuTe AV Page .