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1992-12-17 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held December 17, 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 Russ Schwarz of the Bible Chapel, followed by the Pledge of Allegiance. There were present: ROLL CALL Jack McFarland, Presiding Betty Fitzjearl Gordon Gould Suzanne Hancock Mike Milligan Alan Austerman absent: Mary Monroe comprising a quorum of the Assembly; and Jerome Selby, Borough Mayor Donna Smith, Borough Clerk Judi Nielsen, Borough Deputy Clerk Earl Smith, Fire Protection Area No. 1 Chief Steve Hobgood, Engineering /Facilities Director Duane Dvorak, Community Development Department Assemblymember Mary Monroe was absent due to illness and asked to be excused. FITZJEARL, seconded by GOULD VOTE ON MOTION TO EXCUSE MOTION CARRIED APPROVAL OF AGENDA GOULD, moved to approve seconded by FITZJEARL agenda as submitted. Regular Assembly Meeting December 17, 1992 KIBS104932 KODIAR ISLAND BOROUGH Regular Assembly Meeting December 17, 1992 moved to excuse Assemblymember Monroe due to illness. Unanimous voice vote REGULAR MEETING APPROVAL OF AGENDA Volume XVI Page 17 FITZJEARL, seconded by GOULD VOTE ON MOTION TO AMEND Ayes: Noes: None nhc•nr Mnnrnn MOTION CARRIED Unanimous Regular Assembly Meeting December 17, 1992 moved to amend agenda by adding Resolution Numbers 92 -48, 92 -49, 92 -50, 92 - 51, 92 -52, and 92 - 53 under Item 12.B. RESOLUTIONS. As part of the motion, Assemblymember Fitzjearl read the resolution titles as follows: 1. Resolution No. 92 -48 Urging the Exxon Valdez Oil Spill Trustee Council to Fund the Red Lake Mitigation Project in Fiscal Year 1993. 2. Resolution No. 92 -49 Urging the Exxon Valdez Oil Spill Trustee Council to Fund the Red Lake Restoration Project in Fiscal Year 1993. 3. Resolution No. 92 -50 Urging the Exxon Valdez Oil Spill Trustee Council to Fund the Pink Creek and Cold Creek Salmon Restoration Project in Fiscal Year 1993. 4. Resolution No. 92 -51 Urging the Exxon Valdez Oil Spill Trustee Council to Fund the Fisheries Industrial Technology Center Project Design in Kodiak in Fiscal Year 1993. 5. Resolution No. 92 -52 Urging the Exxon Valdez Oil Spill Trustee Council to Fund the Kodiak Area Native Association Archaeological Museum Project in Fiscal Year 1993. 6. Resolution No. 92 -53 Supporting the Appointment of a Kodiak Resident to the University of Alaska Board of Regents. Austerman, Fitzjearl, Gould, Hancock, Milligan, McFarland KIBS104933 Volume XVI Page 18 VOTE ON MOTION TO APPROVE AS AMENDED Ayes: Noes: None Absent: Monroe MOTION CARRIED Unanimous APPROVAL OF MINUTES 1. K.I.B. Assembly Meeting of December 3, 1992. GOULD, seconded by AUSTERMAN Fitzjearl, Gould, Hancock, Milligan, Austerman, McFarland moved to approve the minutes of December 3, 1992. Assemblymember Milligan corrected the December 3, 1992, page 10, minutes by adding the words "Because he would sign the resolution" to Presiding Officer McFarland's declaration of his conflict of interest. VOTE ON MOTION TO APPROVE AS CORRECTED MOTION CARRIED Unanimous voice vote AWARDS AND PRESENTATION A. Student of the Month Mayor Jerome Selby presented the Student of the Month Award to LaFawn Gates, a sophomore at Kodiak High School. CITIZEN COMMENTS A. Agenda Items Not Scheduled For Public Hearing Jeff Stephen gave a synopsis of the sablefish and halibut IFQ proposal. He said the NMFS, NOAA, and Department of Commerce published a proposed regulation in the Federal Register implementing the proposed IFQ plan, and the public comment period closed January 11, 1993. He gave a chronology of events leading to the compilation of options for the conservation management plan. He reported meeting with Governor Hickel on the IFQ issue. He submitted the environmental impact statement draft and discussion on the IFQ issue. Regular Assembly Meeting December 17, 1992 KIBS104934 APPROVAL OF MINUTES AWARDS AND PRESENTATIONS STUDENT OF THE MONTH CITIZEN COMMENTS Volume XVI Page 19 Assemblymember Milligan discussed the transition to a new administration and staff with Mr. Stephen. Mr. Stephen was unclear as to what effect the new administration would have. He added that the cost of implementation was underestimated. Assemblymember Gould asked Mr. Stephen for his recommendation on how to proceed. Mr. Stephen recommended keeping options open because there were additional steps to be taken. Jim Fisk telephoned opposing the hospital budget and Contract No. 92 -10. He offered a summary of feelings and thoughts regarding failures of government and involvement of the general public. He was of the opinion that personal involvement worked and that the right of public input must be guaranteed. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS COMMITTEE REPORTS Jody Hodgins, Planning and Zoning Commissioner, was available to answer questions. PUBLIC HEARING PUBLIC HEAF All ordinances and resolutions presented at this meeting were introduced by title only and copies made available to the public. A. Ordinance No. 92 -26 Rezoning Lots 1A and 3A ORDINANCE Estelle Subdivision From R- 1-- Single Family NO. 92 -26 Residential To R- 2 - -Two Family Residential. (1214 Mission Road) Presented for consideration was Ordinance No. 92 -26 which, if adopted, rezoned a portion of Estelle Subdivision consistent with development trends in the area. Presiding Officer McFarland declared a conflict of interest because he applied for the rezone as the property owner. He passed the gavel to Deputy Presiding Officer Gould. Deputy Presiding Officer Gould ruled a conflict of interest. AUSTERMAN, moved to adopt seconded by FITZJEARL Ordinance No. 92 -26. Mayor Selby reported that the rezone was recommended by the Planning and Zoning Commission. He stated Regular Assembly Meeting December 17, 1992 KIBS104935 Volume XVI Page 20 that Duane Dvorak, Associate Planner, was available to answer questions. It was noted that there were 2 responses to the 44 public hearing notices mailed. Deputy Presiding Officer Gould opened the public hearing. Tony Drabek suggested that until a master plan of the community of Kodiak was created, there should be no rezones. Deputy Presiding Officer Gould closed the public hearing and reconvened the regular meeting. Assemblymember Austerman favored the rezone because of the development of other properties in the area. VOTE ON MOTION TO ADOPT Ayes: Gould, Hancock, Milligan, Austerman, Fitzjearl Noes: None Abstain: McFarland Absent: Monroe MOTION CARRIED Unanimous Deputy Presiding Officer Gould returned the gavel to Presiding Officer McFarland. B. Ordinance No. 92 -27 Rezoning Lot 2A -1A -1 Block 5 ORDINANCE Miller Point Alaska Subdivision From R- 2 - -Two NO. 92 -27 Family Residential To PL-- Public Use Lands. (4050 Parkside Drive) Presented for public hearing was Ordinance No. 92 -27 which, if adopted, rezoned lots consistent with development on the adjoining lot. GOULD, moved to adopt seconded by AUSTERMAN Ordinance No. 92 -27. It was noted that 32 public hearing notices were mailed. There were ten responses - -nine supporting, one opposing. Mayor Selby reported that the Planning and Zoning Commission recommended the rezone. He informed the Regular Assembly Meeting December 17, 1992 KIBS104936 Volume XVI Page 21 Assembly that Duane Dvorak, Associate Planner, was available to answer questions. Presiding Officer McFarland opened the public hearing. Mark Maldic considered the rezone good development for the neighborhood. His property bordered the property to be rezoned, and he thought that the proposed fire training burn center would be built with safety in mind. He added there would always be checks and balances. He reported that the Fire Protection Area No. 1 Board provided information to residents in the area. Scott Arndt, Fire Protection Area No. 1 Board chairman, made the site plan available. Assemblymember Fitzjearl discussed with Mr. Arndt the $300,000 from the fund balance that was obtained as pass- through monies from the state to Fire Protection Area No. 1, not the entire Borough. Mr. Arndt added that the volunteer firefighter association committed $125,000 and that estimated completion costs were $500,000. He felt that purchasing the property and constructing the building was the first phase and would be accomplished with $425,000. The second phase would be to pave the complex. Presiding Officer McFarland reminded all that discussion was on the rezone. Mike Rasmussen telephoned and voiced non - objection to the rezone and fire training center because it was good for the community and the property was the logical location. Leroy Cossette, owner of property behind the present fire station, voiced no objection to the rezone. He felt the fire station was a good neighbor. Cathy Cordry telephoned and voiced objection to the rezone in that it was unnecessary that the Borough purchase property and build the facility at this time as other training centers were available in the state. Ernie Mills, former City of Kodiak Councllmember, telephoned. He suggested conditional permitting so that use of the property could not be changed. Presiding Officer McFarland closed the public hearing and reconvened the regular meeting. Regular Assembly Meeting December 17, 1992 KIBS104937 Volume RVi Page 22 Assemblymember Austerman favored the rezone. He attended a Fire Protection Area No. 1 Board meeting where area residents were in attendance. He added that the Borough was buying property they had not had the foresight to keep. Assemblymember Gould thought the training center was a good use of the land and emphasized that it was a dedicated facility as it was Borough- owned. Mayor Selby detailed the parameters of rezoning with deed restrictions to ensure public -use land. Assemblymember Hancock commended the efforts of the Fire Protection Area No. 1 Board in reassuring residents that the fire training center was an asset rather than a liability. Assemblymember Fitzjearl stressed the need for a deed restriction and made a motion to amend to add in Section 3 that the property would be used as a fire training center, but there was no second. There was further discussion on the deed restriction. Mayor Selby offered that after the purchase of the property, a deed restriction could be addressed in the process of finalizing the property acquisition. Presiding Officer McFarland attended a Fire Protection Area No. 1 Board meeting to hear concerns of residents. He felt the area was heavily impacted by subdivisions and a fire training center allowed less impact than a fully developed duplex complex. VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: Monroe MOTION CARRIED Unanimous ORDINANCE C. Ordinance No. 92 -28 An Emergency Ordinance NO. 92 -28 Directing Staff to Not Accept Applications for Rezoning Requests to RD -Rural Development. Presented for consideration was Ordinance No. 92 -28 which, if adopted, directed staff to not accept Regular Assembly Meeting December 17, 1992 K1BS10 Hancock, Milligan, Austerman, Fitzjearl, Gould, McFarland Volume XVI Page 23 applications for RD -Rural Development rezoning until completion of a comprehensive Borough -wide land use plan. AUSTERMAN, moved to adopt seconded by MILLIGAN Ordinance No. 92 -28. Mayor Selby said the ordinance was requested by the Assembly in response to concerns that the rezones of conservation property to rural development should not be considered until a comprehensive plan was developed. He informed the Assembly that staff currently had ten applications for rezone. Presiding Officer McFarland opened the public hearing. Tony Drabek, Natives of Kodiak president, felt it was important to have the opportunity to rezone to rural development. At his question on the time needed for completion of a comprehensive plan, Mayor Selby estimated 9 -12 months but reaffirmed the fact that the emergency ordinance was limited to 60 days. Mr. Drabek contended that a Borough land use plan regulating fish and wildlife resources was inappropriate for the Assembly to consider as other government agencies had regulating authority. Arthur Haakanson, Ouzinkie Native Corporation representative, opposed the ordinance because of ONC's interest in developing their land in the near future. Larry Nicholson felt the ordinance was premature and that, if adopted, all previously granted rural development rezones should be rescinded. He agreed that the Assembly should not attempt to manage natural resources because resources were designated and managed by state and federal agencies. He suggested that if policy caused problems at a later date, amend the policy. Assemblymember Milligan was concerned that cultural resources were not sufficiently managed by the state and were not renewable at any cost. He said that taxation, education and land use were three mandated powers of the Borough. At his question on managing resources, Mr. Nicholson responded that the Department of Fish and Game managed and protected resources. Regular Assembly Meeting December 17, 1992 KIBS104939 Volume XVI Page 24 John Witteveen followed the policies and procedures for a rezone and asked to have rural development rezone considered. Andy Anderson, Ouzinkie Native Corporation president, telephoned to speak in opposition as he felt rural development zoning created a self- sufficient program for the Kodiak area. Scott Arndt felt that moratoriums in general were a form of limited entry that created fear and apprehension. He challenged that every rezone request be looked at on a case -by -case basis. Robin Heinrichs opposed the moratorium and felt retroactive dating would not meet the scrutiny of the courts as previous rural development rezone requests were properly filed and approved by the Assembly. Stefani Dochtermann telephoned to read her letter of opposition. She was of the opinion that the moratorium was unfair because her application was accepted by the Borough and valuable planning time would be lost. Sid Omlid, Borough resident since 1963, was willing to live with rural development zoning. Assemblymember Milligan discussed with Mr. Omlid the development of property in conservation zoning. John Murray favored the moratorium in that it allowed time for additional thought and planning and examination of the effect on the community. Tony Drabek followed up on his previous comments because he heard concerns on resources. Although he understood the concerns with resource allocation and management, he felt rural development zoning was appropriate for rural areas. Presiding Officer McFarland raised a question for Robin Heinrichs, Planning and Zoning Commissioner, concerning the Commission's ability to examine each rezone on an individual basis and provide adequate enforcement in rural development zoning areas. Commissioner Heinrichs responded that skills to evaluate each application were in place in that the Coastal Management Plan dictated policy and provided strong guidelines. He said that since there was not a plan for each bay, it was difficult to anticipate total impact because rural development zoning allowed a variety of uses. He felt the Commission adequately enforced land use regulations within the parameters Regular Assembly Meeting December 17, 1992 KIBS104940 Volume XVI Page 25 set by the Assembly. He said that Assembly policy was to initiate action on individual complaints and that did not result in wholesale compliance. Assemblymember Fitzjearl asked if funding allocated during the budget process would allow for active involvement in enforcement. Commissioner Heinrichs replied that allocation of additional funds was required to actively enforce zoning restrictions. Commissioner Heinrichs agreed that enforcement could be enhanced by restricted zoning guidelines and advised familiarization with the differences between rural development and conservation zoning. Jeff Knauff, property owner, questioned the boundaries of the ordinance. Presiding Officer McFarland closed the public hearing and reconvened the regular meeting. Assemblymember Milligan responded to Mr. Drabek's analysis regarding management of fish and game resources in that there was a need to look at development that had already occurred. He viewed the sixty day moratorium as a way to examine the new zoning classification as to appropriateness. He wanted input from land users within the sixty days. Assemblymember Hancock said the rural development existed and would continue to exist. She encouraged future planning, a comprehensive plan, and enforcement. Mayor Selby, in responding to Assemblymember Gould, said the earliest a request- for - proposal would be out would be January, 1993, with a draft possible within nine to twelve months. Assemblymember Gould felt irreparable harm may be caused if rural development zoning was allowed but was opposed to the moratorium because of inadequate information. Assemblymember Fitzjearl spoke to the Native ANSCA lands and contended that the Planning and Zoning Commission would control zoning on a case -by -case basis. She agreed that a moratorium equaled limited entry and that expert agencies controlled fishing and hunting uses. She asserted that enforcement was expensive. Assemblymember Austerman agreed with those opposing the ordinance and added that a moratorium may send the wrong message to the federal government while the Regular Assembly Meeting December 17, 1992 KIBS104941 Volume XVI Page 26 Natives gained management of their lands. He strongly felt that the Assembly should not be involved with wildlife resource management. He was of the opinion that the Planning and Zoning Commission was the vehicle to examine rezones and also the committee to generate a request- for - proposal with public input. Presiding Officer McFarland felt that discussion was healthy regarding land use policies. He agreed that rezones should be reviewed on a case -by -case basis and that an enforcement policy needed examination. He expressed frustration with individuals building in violation of zoning codes. He planned to carefully review each rezone on a case -by -case basis. FITZJEARL, seconded by MILLIGAN Absent: Monroe VOTE ON MOTION TO AMEND Ayes: Austerman, Fitzjearl, Milligan, McFarland Noes: Gould, Hancock Absent: Monroe MOTION CARRIED 4 Ayes, 2 Noes VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Milligan Noes: Regular Assembly Meeting December 17, 1992 moved to amend Ordinance No. 92 -28 by adding the dates: "December 17, 1992 to February 15, 1993" in Section 3. Austerman, Fitzjearl, Gould, Hancock, McFarland MOTION FAILED 1 Aye, 5 Noes After a ten minute recess at 9:52 p.m., Presiding Officer McFarland reconvened the regular meeting_ MESSAGES FROM MESSAGES FROM THE BOROUGH MAYOR MAYOR Mayor Selby announced the Alaska Municipal League Legislative Committee meeting February 3 - 5, 1993 in Juneau. KIBS104942 Volume XVI Page 27 He reported that a Health and Human Services representative was in Kodiak to examine grants on the Peterson Elementary School project with the Borough's Finance Director and Engineering /Facilities Director. He approached Coast Guard officials for alternate classroom space. He added that the architect selection process was underway. He net with City of Kodiak staff to discuss the new raw fish tax program formula that distributed $150,000 to five villages, the City and the Borough. He also met with City staff to discuss the ISTEA program to bring forth a recommendation for $1.6 million funding. He anticipated presentation of the mid -year budget soon. He supposed that the new raw fish tax monies would not offset budget cuts in the Borough or City but would for the villages. He attended the Exxon Valdez Oil Spill Trustee Council meetings that generated the five resolutions for restoration project funding that were added to the agenda. He explained the $1.5 million claim for lost raw fish tax monies and the need for an agreement from all communities affected by the spill. He recognized and commended the fourth grade class at Peterson Elementary School for donating their Christmas party funds to the American Red Cross Somalia relief fund. He wished a merry Christmas and a happy and prosperous new year to all. OLD BUSINESS None. NEW BUSINESS A. BID AWARDS BID AWARDS 1. Contract No. 92 -48 for Development of a CONTRACT Comprehensive Space and Remodeling Plan for NO. 92 -48 ♦lvulun io i u>>u uvivuya as u.�ri.ui ,.aa.. ...,.i - Center. 2. Contract No. 92 -49 for Development of a CONTRACT Plan for the Replacement of Kodiak Island NO. 92 - 49 Borough Hospital. Regular Assembly Meeting December 17, 1992 KIBS10 OLD BUSINESS NEW BUSINESS volume XVI Page 28 FITZJEARL, seconded by GOULD Mayor Selby explained that the first contract was to study a potential upgrade of the existing structure and the second contract was to study replacement of the hospital. He said the studies were designed to clearly define requirements of the community. He added that three of the seven respondents made oral presentation to the Architectural Review Board. A The Architectural Review Board evaluated all proposals and recommended awarding the contracts for studies to Prochaska & Associates of Omaha, Nebraska, in an amount not to exceed $115,000. moved to award Contract No. 92 -48 and Contract No. 92 -49 to Prochaska & Associates of Omaha, Nebraska, in an amount not to exceed $115,000. When Assemblymember Gould asked what would be accomplished under both contracts, Mayor Selby responded that one study would identify the costs of bringing the current hospital to code and expanding the hospital needs in depth and the other study would identify the costs in building a new facility and relocating to the new facility. Mayor Selby pointed out that although this was the third study, the Americans with Disabilities Act regulations were not factored into previous studies. Assemblymember Fitzjearl expressed concern at the cost of studies and suggested combining and fine - tuning previous studies. Mayor Selby explained that code requirements changed - -most notably the earthquake and disability access. He said the most significant change was caused by the Americans With Disabilities Act that did not exist in 1982 or 1985. He concluded by saying costs were lessened by reducing the scope of the project versus changing prior studies. Assemblymember Milligan commented that because of the code changes, it Was fortunate the new hospital was not built. He noted that adaptability would be designed in the study. Assemblymember Fitzjearl contended that taxpayer money be spend wisely and suggested placing before the people the question of building a new hospital versus remodeling the existing building. Regular Assembly Meeting December 17, 1992 KIBS104944 Volume XVI Page 29 It was determined that the study would be completed in time for the issue to be placed on the October ballot. Mayor Selby stated there were two options -- either renovate or build a new structure - -or else close the current facility. He asked the Assembly to keep in mind that the architectural design started because the state funded $1 million and indicated that construction funding would follow. The lot was purchased in order for hospital design to tie in. Presiding Officer McFarland agreed with need to be responsible to public concerns. Assemblymember Fitzjearl emphasized that this project should not be shelved. Ron Chase, Architectural Review Board vice - chairman, was asked to define the selection process, which he did. He also informed the Assembly that it was determined that the hospital should be built with a basement or crawl space to allow for future expansion. Steve Hobgood, Engineering /Facilities director, researched references of companies submitting proposals and determined that Prochaska & Associates was well -known and respected. Assemblymember Austerman attended Architectural Review Board meetings where the three final contenders were discussed and the subsequent vote was for Prochaska & Associates. He asked Mayor Selby to define how the monies would be obtained. Mayor Selby explained that approximately $30,000 from a state grant was available and the balance was budgeted under hospital construction funds. VOTE ON MOTION TO AWARD Ayes: Noes: None Absent: Monroe MOTION CARRIED Unanimous Regular Assembly Meeting December 17, 1992 Fitzjearl, Gould, Hancock, Milligan, Austerman, McFarland KIBS104945 Volume XVI Page 30 B. RESOLUTIONS 1. Resolution No. 92 -48 Urging the Exxon Valdez Oil Spill Trustee Council to Fund the Red Lake Mitigation Project in Fiscal Year 1993. Presented for consideration was Resolution No. 92 - 48 which, if adopted, urged the Public Advisory Group and the Exxon Valdez Oil Spill Trustee Council to fully fund the Red Lake Mitigation Project at $153,700 for fiscal year 1993. GOULD, moved to adopt seconded by AUSTERMAN Resolution No. 92 - 48. Mayor Selby spoke to Resolutions No. 92 - 48, 92 - 49, 92 - 50, 92 -51 and 92 -52 in general as all dealt with funding requests for the Exxon Valdez Oil Spill Trustee Council 1993 work plan. He solicited community members to write letters of support. He explained that the first three resolutions were on the recommended funding list but the last two were not. He said the Council was slow to move on long term projects. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Gould, Hancock, Milligan, Austerman, Fitzjearl, McFarland Noes: None Absent: Monroe MOTION CARRIED Unanimous 2. Resolution No. 92 -49 Urging the Exxon Valdez Oil Spill Trustee Council to Fund the Red Lake Restoration Project in Fiscal Year 1993. Presented for consideration was Resolution No. 92 -49 which, if adopted, urged the Pubic Advisory Group an the Exxon Valdez Oil Spill Trustee Council to fully fund the Red Lake Restoration Project at $77,200 for fiscal year 1993. GOULD, moved to adopt seconded by MILLIGAN Resolution No. 92 -49. Regular Assembly Meeting December 17, 1992 KIBS104946 RESOLUTIONS RESOLUTION NO. 92 -48 RESOLUTION NO. 92 -49 Volume XVI Page 31 There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Hancock, Milligan, Austerman, Fitzjearl, Gould, McFarland Noes: None Absent: Monroe MOTION CARRIED Unanimous 3. Resolution No. 92 -50 Urging the Exxon Valdez Oil Spill Trustee Council to Fund the Pink Creek and Cold Creek Salmon Restoration Project in Fiscal Year 1993. Presented for consideration was Resolution No. 92 -50 which, if adopted, urged the Exxon Valdez Oil Spill Trustee Council to fully fund the Pink Creek and Cold Creek Salmon Restoration Project at $36,100 for fiscal year 1993. FITZJEARL, moved to adopt seconded by MILLIGAN Resolution No. 92 -50. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Milligan, Austerman, Fitzjearl, Gould, Hancock, McFarland Noes: None Absent: Monroe MOTION CARRIED Unanimous 4. Resolution No. 92 -51 Urging the Exxon RESOLUTION Valdez Oil Spill Trustee Council to Fund NO. 92 -51 the Fisheries Industrial Technology Center Project Design in Kodiak in Fiscal Year 1993. Presented for consideration was Resolution No. 92 -51 which, if adopted urged the Public Advisory Group and the Exxon Valdez Oil Spill Trustee Council to fund the design of the Fisheries Industrial Technology Center in the amount of $1,000,000 in the fiscal year 1993 work plan. Regular Assembly Meeting December 17, 1992 KIBS104947 RESOLUTION NO. 92 -50 Volume XVT_ Page 32 GOULD, moved to adopt seconded by MILLIGAN Resolution No. 92 -51. Assemblymember Gould asked for clarification on the intent of the project design, and Mayor Selby responded that it designed the proposed joint National Marine Fisheries /University of Alaska building. VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: Monroe MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: Monroe MOTION CARRIED Unanimous Regular Assembly Meeting December 17, 1992 Austerman, Fitzjearl, Gould, Hancock, Milligan, McFarland 5. Resolution No. 92 -52 Urging the Exxon RESOLUTION Valdez Oil Spill Trustee Council to Fund NO. 92 -52 the Kodiak Area Native Association Archaeological Museum Project in Fiscal Year 1993. Presented for consideration was Resolution No. 92 -52 which, if adopted, urged the Pubic Advisory Group and the Exxon Valdez Oil Spill Trustee Council to fund the design of an archaeological museum for the Kodiak Area Native Association in the amount of $800,000 for the fiscal year 1993 work plan. FITZJEARL, moved to adopt seconded by MILLIGAN Resolution No. 92 -52. Assemblymember Gould commented that the resolution supported another project that protected the cultural aspects of the community. Fitzjearl, Gould, Hancock, Milligan, Austerman, McFarland KIBS104948 Volume XVI Page 33 6. Resolution No. 92 -53 Supporting the Appointment of a Kodiak Resident to the University of Alaska Board of Regents. Presented for consideration was Resolution No. 92 -53 which, if adopted, petitioned Governor Rickel to appoint a Kodiak resident to the University of Alaska Board of Regents. MILLIGAN, moved to adopt seconded by FITZJEARL Resolution No. 92 -53 Mayor Selby explained that the resolution requested Kodiak representation on the Board to allow true representation statewide. He asserted that Kodiak was a key factor in state economy and encouraged those individuals interested in serving on the Board to submit their name. At Assemblymember Austerman's question of listing specific individuals, Mayor Selby responded that two community members had submitted their names, but he hoped that others would show an interest, making it more feasible to find a candidate meeting the governor's selection criteria. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED C. ORDINANCES FOR INTRODUCTION Regular Assembly Meeting December 17, 1992 Gould, Hancock, Milligan, Austerman, Fitzjearl, McFarland None Monroe Unanimous 1. Ordinance No. 92 -29 Authorizing the Kodiak Island Borough to Become a Member of the Alaska Municipal League Investment Pool, Inc., to Execute a Common Investment Agreement with that Corporation, and Amending Kodiak Island Borough Code 3.04.020 Permissible Investments to Authorize Kodiak Island Borough Investment in the Investment Pool. Presented in first reading was Ordinance No. 92 -29 which, if adopted, allowed the Kodiak Island Borough to become a member of the Alaska Municipal League KIBS104949 RESOLUTION NO. 92 -53 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 92 -29 Volume XVI Page 34 Investment Pool, Inc., which enables the Borough to receive larger returns on investments of short -term funds. GOULD, seconded by FITZJEARL moved to advance Ordinance No. 92 -29 to public hearing on January 7, 1993. Mayor Selby explained that this was the culmination of two years effort by the Alaska Municipal League to establish an investment pool for municipalities in the state. He understood that pooling funds to invest larger sums of money caused a higher rate of return. He said it was fortunate that Dave Rose, former director of the Alaska Permanent Dividend Fund, was the investment advisory. At Assemblymember Austerman's question, Mayor Selby informed the Assembly that banks the Borough currently invested with had the opportunity to bid on the investment pool. There was discussion regarding attorney review and recommendations on protecting Borough interest in the pool. Mayor Selby assured the Assembly that the attorney reviewed Kodiak Island Borough, Kenai Peninsula Borough, Municipality of Anchorage and Fairbanks North Star Borough codes to ensure that collateralizing requirements were met. Presiding Officer McFarland requested that the Borough finance director attend the packet review work session. VOTE ON MOTION TO ADVANCE Ayes: Noes: None Absent: Monroe MOTION CARRIED Unanimous 2. Ordinance No. 92 -30 Amending Kodiak Island ORDINANCE Borough Code 16.50.020 B Requirements of NO. 92 -30 Final Plat. Hancock, Milligan, Austerman, Fitzjearl, Gould, McFarland Presented in first reading was Ordinance No. 92 -30 which, if adopted, amended Kodiak Island Borough Code to comply with the request from the State Recorder's Regular Assembly Meeting December 17, 1992 KIBS104950 Volume XVI Page 35 office that four plat copies, instead of three plat copies, be submitted to the State Recorder's Office. GOULD, seconded by AUSTERMAN Noes: Absent: MOTION CARRIED D. OTHER ITEMS 1. GOULD, seconded by MILLIGAN VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED 2. GOULD, seconded by MILLIGAN KIBS104951 Regular Assembly Meeting December 17, 1992 moved to advance Ordinance No. 92 -30 to public hearing on January 7, 1993. Mayor Selby explained this complied with requirements of the the State Recorder's office. Assemblymember Austerman discerned that the cost of the copies was born by the applicant. VOTE ON MOTION TO ADVANCE Ayes: Milligan, Austerman, Fitzjearl, Gould, Hancock, McFarland None Monroe Unanimous Assembly Meeting Schedule for 1993. moved to adopt the Assembly meeting schedule as presented. Austerman, Fitzjearl, Gould, Hancock, Milligan, McFarland None Monroe Unanimous annni ntmcnt of Rnarrl anri f nmmi cci nn Members. moved to appoint Tom Watson to a three - year seat on the Airport Advisory Board. OTHER ITEMS MEETING SCHL_.LE APPOINTMENT OF BOARDS AND COMMISSIONS AIRPORT ADVISORY BOARD Volume XVI Page 36 There was no discussion by the Assembly. VOTE ON MOTION TO APPOINT Ayes: Fitzjearl, Gould, Hancock, Milligan, Austerman, McFarland Noes: None Absent: Monroe MOTION CARRIED Unanimous MILLIGAN, moved to appoint ARCHITECTURAL seconded by AUSTERMAN John Burt to a three- REVIEW BOARD/ year seat on the BOARD OF APPEALS Architectural Review Board /Board of Appeals. There was no discussion by the Assembly. VOTE ON MOTION TO APPOINT Ayes: Noes: None Absent: Monroe MOTION CARRIED Unanimous GOULD, seconded by FITZJEARL Regular Assembly Meeting December 17, 1992 Gould, Hancock, Milligan, Austerman, Fitzjearl, McFarland MILLIGAN, moved to appoint seconded by FITZJEARL Walle "Woody" Koning and Thomas Peterson to seats on the Citizens Board of Equalization. Assemblymember Fitzjearl expressed concern that Mr. Peterson was also recommended for a seat on the Planning and Zoning Commission. moved to amend by replacing Thomas Peters with William Roberts. There was no discussion by the Assembly on the amendment. KIBS104952 CITIZENS BOARD OF EQUALIZATION Volume XVI Page 37 VOTE ON MOTION TO AMEND Ayes: Noes: None Absent: Monroe MOTION CARRIED Unanimous VOTE ON MOTION TO APPOINT AS AMENDED Ayes: Noes: None Absent: Monroe MOTION CARRIED Unanimous MILLIGAN, seconded by AUSTERMAN GOULD, seconded by MILLIGAN Regular Assembly Meeting December 17, 1992 Hancock, Milligan, Austerman, Fitzjearl, Gould, McFarland Austerman, Fitzjearl, Gould, Hancock, Milligan, McFarland moved to appoint Loren Halter, Jane Osborne and Jeannie Volker to three -year seats on the Hospital Advisory Board. Assemblymember Milligan appreciated Dr. Halter's interest in serving on the Board. Assemblymember Gould expressed concern that there was a conflict of interest as Dr. Halter was a hospital staff member. He felt medical staff input was provided by an advisory board vote from the Chief of Staff. moved to amend by removing the name of Loren Halter. Assemblymember Fitzjearl was of the opinion that the Assembly should look at the benefits an applicant provided to the Board. Assemblymember Gould explained his objection in that the Board approved medical staff bylaws. Assemblymember Austerman appreciated Assemblymember Gould's concern but felt a board member could declare a conflict of interest when necessary. KIBS104953 HOSPITAL ADVISORY BOARD Volume XVI Page 33 VOTE ON MOTION TO AMEND Ayes: Gould Noes: Hancock, Milligan, Austerman, Fitzjearl, McFarland Absent: Monroe MOTION FAILED 1 Aye, 5 Noes VOTE ON MOTION TO APPOINT Ayes: Fitzjearl, Gould, Hancock, Milligan, Austerman, McFarland Noes: None Absent: Monroe MOTION CARRIED Unanimous FITZJEARL, moved to appoint Judy MENTAL HEALTH seconded by GOULD Ness to a two -year seat CENTER ADVISORY and Ken Houston and BOARD Virginia M. Sargent to three -year seats on the Mental Health Center Advisory Board. MILLIGAN, seconded by AUSTERMAN moved to amend by appointing Letita Raub to the two -year seat. Assemblymember Milligan qualified his amendment in that he felt Ms. Raub brought experience to the Board. VOTE ON MOTION TO AMEND Ayes: Milligan, Austerman Noes: Fitzjearl, Gould, Hancock, McFarland Absent: Monroe MOTION FAILED 2 Ayes, 4 Noes Regular Assembly Meeting December 17, 1992 KIBS104954 Volume XVI Page 39 VOTE ON MOTION TO APPOINT Ayes: Noes: None Absent: Monroe MOTION CARRIED Unanimous GOULD, seconded by AUSTERMAN There was no discussion by the Assembly. VOTE ON MOTION TO APPOINT Hancock, Milligan, Austerman, Fitzjearl, Gould, McFarland moved to appoint PARKS AND Barbara Heinrichs to a RECREATION three -year seat on the COMMITTEE Parks and Recreation Committee. Ayes: Austerman, Fitzjearl, Gould, Hancock, Milligan, McFarland Noes: None Absent: Monroe MOTION CARRIED Unanimous FITZJEARL, seconded by MILLIGAN There was no discussion by the Assembly. VOTE ON MOTION TO APPOINT Ayes: Fitzjearl, Gould, Hancock, Milligan, Austerman, McFarland Noes: None Absent: Monroe MOTION CARRIED Unanimous Regular Assembly Meeting December 17, 1992 moved to appoint PERSONNEL Katharine Gravino and ADVISORY BOARD Dorothy Weeks to three - year seats on the Personnel Advisory Board. KIBS1O4955 Volume XVI Page 40 GOULD, seconded by FITZJEARL There was no discussion by the Assembly. VOTE ON MOTION TO APPOINT Ayes: Gould, Hancock, Milligan, Austerman, Fitzjearl, McFarland Noes: Absent: MOTION CARRIED GOULD, seconded by FITZJEARL Noes: Absent: Regular Assembly Meeting December 17, 1992 moved to appoint Barbara Heinrichs to a three -year seat on the Woodland Acres Street Light Service District Board. None Monroe Unanimous 3. Confirmation of Mayor's Planning and Zoning Commission Appointments. moved to confirm Mayor's appointments of Jon Aspgren to the Planning and Zoning Commission three -year City seat, Patricia Szabo to the Planning and Zoning Commission three -year Borough seat, and Thomas Peterson to the Planning and Zoning Commission one -year City seat. Mayor Selby appreciated the candidates and looked forward to working with them. There was no discussion by the Assembly. VOTE ON MOTION TO CONFIRM Ayes: Hancock, Milligan, Austerman, Fitzjearl, Gould, McFarland None Monroe KIBS104956 WOODLAND ACRES STREET LIGHT SERVICE DISTRICT BOARD PLANNING AND ZONING COMMISSION APPOINTMENTS Volume XVI Page 41 3MOTION CARRIED Unanimous 4. Appointment of Assembly Representatives to ASSEMBLY Boards and Commissions. REPRESENTATI7ES TO BOARDS AND There was discussion to establish Assemblymember COMMISSIONS preference to serve on specific boards and commissions. AUSTERMAN, seconded by FITZJEARL VOTE ON MOTION TO EXTEND VOTE ON MOTION TO APPOINT Ayes: Noes: None Absent: Monroe MOTION CARRIED Unanimous Regular Assembly Meeting December 17, 1992 moved to appoint assembly representatives to boards and commissions for 1993 as follows: Architectural Review Board - Mike Milligan Hospital Advisory Board - Gordon Gould Mental Health Center Advisory Board - Mary Monroe Parks & Recreation Committee - Jack McFarland Kodiak College Board - Suzanne Hancock School District Budget Review Committee - M. Milligan Kodiak Island Transportation System (KITS) Board - Betty Fitzjearl Emergency Services Council - Jack McFarland Planning and Zoning Commission January - Austerman July - Austerman February - Austerman August - McFarland March - Milligan September - Austerman April - Hancock October - Monroe May - Monroe November - Milligan June - McFarland December - Hancock FITZJEARL, moved to extend seconded by MILLIGAN meeting to midnight. MOTION CARRIED Unanimous voice vote Presiding Officer McFarland clarified that Borough Code established the Presiding Officer as the Emergency Services Organization representative. Milligan, Austerman, - Gould, J Fitzjearl, GV, Hancock, McFarland KIBS 104957 Volume XVI Page 42 5. Kodiak Island Borough Hospital Budget. HOSPITAL BUDGET AUSTERMAN moved to approve seconded by GOL'LD the Kodiak Island Hospital and Care Center Budget. Mayor Selby referred to Ed Meyers, Kodiak Island Borough Hospital administrator, to present the budget. Mr. Meyers explained that this was an 18 month budget; the primary budget was January 1 - December 31, 1993 with a six month extension from January 1 - June 30, 1994 to allow phasing into the Borough fiscal year to follow Medicare and Medicaid requirements. He said the budget did not reflect a reduction in any current services and provided for new services identified in the 1993 operational plan. He noted that the budget contained revenues of $10.7 million and expenses of $9.2 million. He said it was a conservative budget with a four percent increase in patient fees. He distributed an expense sheet to the Assembly. He explained the difficulty in recruiting nurses and the need to use traveling nurses at a high expense. He outlined the anticipated needs of the hospital. He anticipated the cash flow deficit, caused by payment of a lawsuit settlement in 1992, was the largest budget problem for 1993. Assemblymember Gould agreed that the budget was conservative in terms of projected income. He appreciated Mr. Meyer's diligence. At Presiding Officer McFarland's question, Mr. Meyers reiterated the fact that the four percent increase affected patient fees. General discussion ensued regarding hospital needs, funding sources, increased patient fees and bad debts. FITZJEARL, seconded by MILLIGAN VOTE ON MOTION TO EXTEND Ayes: Noes: Gould Regular Assembly Meeting December 17, 1992 moved to extend meeting until 12:30 a.m. Austerman, Fitzjearl, Hancock, Milligan, McFarland KIBS104958 EXTEND MEETING Volume XVi Page 42 Absent: Monroe MOTION CARRIED 5 Ayes, 1 No Mayor Selby answered Assemblymember Fitzjearl's question, for the record, that $127,000 pass through for state revenue sharing was forwarded to the hospital. Borough monies were for facilities, not operating expense. VOTE ON MOTION TO APPROVE Ayes: Noes: None Absent: Monroe MOTION CARRIED Unanimous Fitzjearl, Gould, Hancock, Milligan, Austerman, McFarland 6. Findings -of -Fact Ordinance No. 92 - 24 FINDINGS - OF - FACT Rezoning Lot 16A -2, U.S. Survey 3099 From ORDINANCE RR- -Rural Residential One To R- 2 - -Two- NO. 92 - 24 Family Residential. (Generally Located Near the Intersection of Spruce Cape Road and Benny Benson Drive) Presiding Officer McFarland declared a conflict of interest. He passed the gavel to Deputy Presiding Officer Gould. Deputy Presiding Officer Gould ruled a conflict of interest. AUSTERMAN, seconded by HANCOCK moved to adopt the Findings -of -Fact for Ordinance No. 92 -24. As part of the motion, Assemblymember Fitzjearl read the Findings -of -Fact as follows: 1. Findings as to the Need and Justification for a Change or Amendment. The rezone of Lot 16A -2, USS 3099, from RR1- Rural Residential One to R2--Two-familv Residential is necessary and justified because the R2 -- Two - family Residential Zoning District permits development that: A. is generally consistent with the development trends in this area; Regular Assembly Meeting December 17, 1992 KIBS104959 Volume XVI Page 44 B. is suitable for the property, given the physical characteristics and location of the lot; C. will not create any nonconforming land uses on the lot identified for rezone; D. is consistent with the existing and anticipated future development of this area; E. will not significantly impact the traffic volume or patterns of the area. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 1968 comprehensive plan identifies this area for Mobile Home Courts. As noted in the rezone of the surrounding lots to R - 2 -- Two - family Residential, R -2 zoning is perceived to have a lower density of development and would be more compatible with development in the surrounding area. The lot is too small now, after being subdivided, to support a mobile home court. A rezone of Lot 16A -2 to R - 2 - - Two- family Residential is consistent with the original rezone of the lots surrounding it to R -2. Therefore, the request is generally consistent with the comprehensive plan and fulfills the objectives of the comprehensive plan to the same extent as the surrounding lots. Assemblymember Milligan felt traffic issues were not adequately addressed. VOTE ON MOTION TO ADOPT Ayes: Fitzjearl, Gould, Hancock, Austerman Noes: Milligan Abstain: McFarland Absent: Monroe MOTION CARRIED 4 Ayes, 1 No Deputy Presiding Officer Gould returned the gavel to Presiding Officer McFarland. Regular Assembly Meeting December 17, 1992 KIBS 104960 Volume XV: Page 45 7. Contract No. 92 -10 Amended Professional CONTRACT Services Agreement for the IFQ opposition NO. 92 -10 program. AMENDED GOULD, seconded by MILLIGAN moved to extend Contract No. 92 -10 until May 31, 1993 and add the words: "not to exceed $25,000 ". Assemblymember Gould did not object to extending the contract but felt the Assembly should receive periodic progress reports. Assemblymember Hancock agreed that a synopsis of the status in written form was appropriate. VOTE ON MOTION TO AMEND Ayes: C. OTHER None. Gould, Hancock, Milligan, Austerman, Fitzjearl, McFarland Noes: None Absent: Monroe MOTION CARRIED Unanimous INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Planning & Zoning Commission Meeting of October 21, 1992. 2. Womens Bay Road Service Area Meeting of November 23, 1992. 3. Service Area No. 2 Commission Meeting of October 13, 1992. 4. Kodiak Island Hospital Advisory Board Meetings of October 14 and 28, and November 25, 1992. B. REPORTS REPORTS 1 ri lo VTO Al.-. mti� on D n nvvc.uuc �. . r.,..£ n.1 D port Regular Assembly Meeting December 17, 1992 KIBS104961 INFORMATIONAL MATERIALS OTHER Volume XVI Page 46 CITIZEN COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Milligan expressed regret at the passing of Diane Langen. Assemblymember Hancock wished a merry Christmas to all. Assemblymember Austerman appreciated the efforts of the Peterson Elementary School 4th grade class and suggested that a letter of appreciation be forwarded from the Assembly. He addressed the issue of noise levels in the Kodiak High School shop and problems in the loft of the maintenance building. He suggested the Assembly inspect both areas in the very near future. Assemblymember Fitzjearl congratulated new board and committee members. She requested minutes from the Hospital Advisory Board meeting addressing selection of LHS as the management company. She intended to postpone any items received last minute if the items required review. She appreciated Mr. Stephen's report but felt it was presented at an inappropriate time as the citizen comment period was limited to three minutes. She was perturbed that a caller was not allowed to speak a second time when members of the audience were allowed to speak more than once. She expressed concern with maintenance of the road to Salonie Creek and requested a copy of the lease. She wished a merry Christmas and happy new year to all. Assemblymember Gould appreciated those who applied for and served on boards and commissions. He thanked Wayne Stevens for his efforts on the Hospital Advisory Board. He requested a zoning map for the Assembly Chambers. He announced his intention to make a motion to rescind Resolution No. 92 -37 Authorizing the Preparation of a Consolidation Petition. He wished all a merry Christmas and a prosperous new year. Presiding Offi Presiding Officer McFarland addressed Assemblymember Fitzjearl's concerns regarding the individual who called and explained that public hearing was closed at the time the individual called. He appreciated those involved in discussion and hoped that those who called in late and could not speak were not offended as input was important. Regular Assembly Meeting December 17, 1992 KIBS104962 CITIZEN COMMENTS ASSEMBLYMEMBER COMMENTS Volume XVI Page 47 Presiding Officer McFarland announced the Assembly would meet in work session at noon on January 6th in the conference room and regular meeting on January 7th at 7:30 p.m. in the Assembly chambers. He said Kodiak Island Borough Assembly and staff wished every one a very happy holiday season and invited those in the audience to join the Assembly for cookies and wassail. There being no further business to come before the ADJOURNMENT Assembly, the meeting adjourned at 12:28 p.m. ATTEST: Borough Clerk Ap proved : 0!07!93 Regular Assembly Meeting December 17, 1992 Presiding fficer KIBS1049 Volume XVI Page 48