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1993-06-17 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held June 17, 1993 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 Mike Myers of the Church of the Nazarene, followed by the Pledge of Allegiance. There were present: ROLL CALL Jack McFarland, Presiding Alan Austerman Betty Fitzjearl Mike Milligan Mary Monroe Gordon Gould (arrived 7:43 p.m.) absent: Suzanne Hancock comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith, Clerk Judi Nielsen, Deputy Clerk Linda Freed, Community Development Director Assemblymember Hancock was weathered out of Kodiak and asked to be excused. MONROE, seconded by AUSTERMAN VOTE ON MOTION TO EXCUSE MOTION CARRIED Unanimous voice vote APPROVAL OP AGENDA AUSTERMAN, moved to approve seconded by FITZJEARL agenda as submitted. VOTE ON MOTION TO APPROVE Ayes: Austerman, Fitzjearl, Milligan, Monroe, McFarland Regular Assembly Meeting June 17, 1993 KODIAK ISLAND BOROUGH Regulat Assembly Meeting June 17, 1993 moved to excuse Assemblymember Hancock due to being weathered out of Kodiak. REGULAR MEETING APPROVAL OF AGENDA Volume XVI Page 233 Noes: Absent: MOTION CARRIED APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of June 3, 1993. MONROE, seconded by AUSTERMAN None. Regular Assembly Meeting June 17, 1993 None Hancock, Gould Unanimous moved to approve minutes of June 3, 1993. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote AWARDS AND PRESENTATIONS None. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing Frank Pagano, Koniag Inc. president, read a statement from the Koniag Board of Directors declaring that they were disturbed at Assembly actions tabling and postponing Koniag's four rezone requests when previous rezone requests were approved. Mr. Pagano felt there was an organized campaign to stop the rezones, and the Board sought equal treatment. He pointed out that the main difference in the Ugak /Shelikof areas was that Koniag property was not immediately surrounded by refuge as other rezone requests not targeted to stop were. He urged the Assembly to act in the best interest of all taxpayers. He explained that Koniag tried to comply with existing code. He remembered that Koniag compromised by reducing two areas to be rezoned to ten acres. Marsha Rom, Alaska Legal Services representative, informed the Assembly that federal funds were received in the past. She appreciated funding from the Borough and noted that the funds remained in Kodiak. B. Items Other Than Those Appearing on the Agenda APPROVAL OF MINUTES AWARDS AND PRESENTATIONS CITIZENS' COMMENTS Volume XVI Page 234 COMMITTEE REPORTS COMMITTEE REPORTS Pat Szabo, Planning and Zoning Commissioner, reported on Commission approval of one rural development rezone request. She was available to answer questions. PUBLIC HEARING PUBLIC HEARING All ordinances and resolutions presented at this meeting were introduced by title only and copies made available to the public. Presiding Officer McFarland opened the public hearing on Ordinances No. 93 -25, No. 92 -10C, No. 93 -36, No. 93 -37, No. 93 -38, No. 93 -39, No. 93 -40, No. 93 -41, No. 93 -42, No. 93 -43, No. 93 -44, No. 93 -45 and No. 93 -46. Presiding Officer McFarland asked for a staff report on items under public hearing. Mayor Selby spoke to Ordinance No. 92 -10C that was the final budget amendment for fiscal year 1993. He noted that additional revenues of $109,000 received during the year were added to the budget and in turn placed in expenditures to cover travel, lobbyist, legal services, overtime, temporary help and audit expenses. Additionally, funds were placed under health and sanitation for a grant to the Kodiak Council on Alcoholism. He explained that Ordinance No. 93 -36 corrected internal inconsistencies in the borough code. Mayor Selby deferred to Linda Freed, Community Development Department director, to speak to the remaining ordinances scheduled for public hearing. Director Freed stated that Ordinance No. 93 -37 adopted the Urban Islands Comprehensive Plan. She referred to maps in the chambers and stated the Plan was prepared as a result of a controversial Woody Island rezone issue. She reported that two public hearings were conducted and public response favored the Plan. She said staff and the Planning and Zoning C recommended adoption of the Plan as a planning tool and guideline for development of the urban islands. Director Freed spoke to the ten rural development rezone ordinances and indicated the general proximity of each parcel on a map in the chambers. She explained that wildlife habitat zoning was less Regular Assembly Meeting June 17, 1993 Volume XVI Page 235 Regular Assembly Meeting June 17, 1993 restrictive than conservation zoning and offered less environmental /resource protection than rural development zoning. She reported that the Coastal Management Plan was used as a guideline by the Planning and Zoning Commission and all rezones were within rural development zoning categories or development with restrictions zoning categories. Presiding Officer McFarland called for public comments. Ron Doubt, Ordinance No. 93 -45 rezone applicant, was confused at the inconsistency of Planning and Zoning Commission case numbers and ordinance numbers. He was available to answer questions. Denise May, Ordinance No. 93 -41 rezone applicant, was concerned that four Koniag rezone requests were postponed. She contended that property owners were responsible and that rural development zoning allowed compliance with borough code. Tom Healey, Ordinance No. 93 -38 rezone applicant, echoed the comments of Mr. Doubt. He was available to answer questions and asked the Assembly to look carefully at the rezone process. Thomas Goldston, Kodiak Council on Alcoholism (KCA) executive director, thanked the Assembly for supporting nonprofit organizations. Glen Eaton, Ordinance No. 93 -40 rezone applicant, represented Zachar Bay Lodge, a family owned commercial lodge on the site for 22 years, that was not in compliance unless rezoned rural development. He presented pictures of the lodge to the Assembly. Bob Pfutzenreuter cautioned the Assembly on passing rezones until all proper safeguards were in place. He was of the opinion that the mention of a moratorium precipitated the requests for rezone. He was concerned with density and recommended a temporary suspension of rural development rezones until all plans and codes were in place. Tom Healey directed the Assembly's attention to the fact that Shearwater was not in a natural wildlife refuge. He argued that proper safeguards were in place because building permits and compliance with borough regulations were required. He said federal agencies regulated environmental and resource conservation. Volume XVI Page 236 9 Lani Carlsen, Ordinance No. 93 -39 rezone applicant, presented the history and plan's for Carlsen Point. She wanted a 18 -year commercial fish site that would custom process and smoke fish on property that was currently undeveloped. She added that the property was surrounded by family members who encouraged their endeavors. Ron Doubt drew attention to the fact that his property was zoned conservation, not wildlife habitat, and the distinction between the two. Presiding Officer McFarland closed the public hearing and reconvened the regular meeting. A. Ordinance No. 93 -25 Rezoning Tract A -1, U.S. ORDINANCE Survey 3879, Consisting of 10.2 Acres, From NO. 93 -25 C -- Conservation To RD- -Rural Development. (Near Village Islands on the West Side of Uganik Bay) Presented for consideration was Ordinance No. 93 -25 which, if adopted, rezoned land consistent with the type of development that private land owners want to develop in remote areas of Kodiak Island. AUSTERMAN, moved to adopt seconded by MONROE Ordinance No. 93 -25. Assemblymember Austerman spoke generally to rural development zoning. He believed that economic resources justified development. He reflected on the fact that because the Assembly created the rural development zoning district, people had right to request a rezone. He was concerned that four rezone requests postponed at the June 3, 1993 regular meeting set a precedent to postpone future requests. Assemblymember Milligan intended to review all rural development rezone requests on an individual basis. He remembered that many wanted the line drawn at Karluk. Assemblymember Monroe considered each request separately although impatient to receive a draft of the coastal management plan and how to include in the comprehensive plan. Assemblymember Fitzjearl considered each request separately to ensure fairness for all applicants. She spoke to Ordinance No. 93 -25 with concern that lodge owners trespassed on private property. Assemblymember Gould said the positive outcome of the process was getting the new comprehensive plan in Regular Assembly Meeting June 17, 1993 Volume XVI Page 237 place. He had not heard one complaint about monies being put into studies. He would continue to support postponement of decisions until the study was done and incorporated into the comprehensive plan. He was pleased with the Urban Islands Comprehensive Plan. Presiding Officer McFarland explained that a rezone was a change of the policy in the best interest of the public. The Assembly had the authority to adopt, deny, or postpone a rezone request. He added that although property owners had no automatic right to a rezone, they had a right to apply. He felt that the mechanical and technical aspect of rezones were a responsibility of the Planning and Zoning Commission. Assemblymember Austerman agreed that without a plan, the Planning and Zoning Commission had no guidelines but that they had the knowledge to make rational decisions. He was of the opinion that postponing some was discriminatory and wrong. AUSTERMAN, moved to postpone seconded by FITZJEARL Ordinance No. 93 -25 until completion of the Jon Isaacs & Associates' study of the Kodiak Island Borough Coastal Management Plan and its incorporation in to the Kodiak Island Borough Comprehensive Plan. In response to Assemblymember Fitzjearl's concerns regarding Ordinance No. 93 -25, Director Freed reported that there was a platted access across the adjacent private property. VOTE ON MOTION TO POSTPONE Ayes: Gould, Monroe, Austerman Noes: Fitzjearl, Milligan, McFarland Absent: Hancock MOTION FAILED 3 Ayes, 3 Noes Assemblymember Fitzjearl's motion to table Ordinance No. 93 -25 died for lack of a second. Regular Assembly Meeting June 17, 1993 Volume XVI Page 238 After a five minute recess at 8:45 p.m., Presiding officer McFarland reconvened the regular meeting. Assemblymember Gould asked that staff be directed to prepare findings -of -fact for Ordinance No. 93 - 25. McFARLAND, seconded by GOULD VOTE ON MOTION TO RECONSIDER VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: Hancock AUSTERMAN, seconded by MONROE Regular Assembly Meeting June 17, 1993 moved to reconsider the vote to postpone Ordinance No. 93 -25. Ayes: Gould, Monroe, Austerman, McFarland Noes: Milligan, Fitzjearl Absent: Hancock MOTION FAILED 4 Ayes, 2 Noes It was noted that per Kodiak Island Borough code, when the motion to reconsider was made on the same day and at the same meeting at which the vote to be reconsidered was taken, such a motion required a two - thirds vote of the Assembly to carry. Austerman, Fitzjearl Milligan, Monroe, Gould, McFarland MOTION FAILED 2 Ayes, 4 Noes Assemblymember Gould announced his intention to file a motion to reconsider the vote on Ordinance No. 93 -25 with the Clerk. B. Ordinance No. 92 -10C Amending Ordinance No. 92 -10 Fiscal Year 1993 Budget. Presented for consideration was Ordinance No. 92 -10C which, if adopted, amended the Kodiak Island Borough annual budget. moved to adopt Ordinance No. 92 -10C and amend on page two by increasing Revenues: Property Tax to ORDINANCE NO. 92 -10C Volume XVI Page 239 VOTE ON MOTION TO AMEND AND ADOPT Ayes: Ayes: VOTE ON MOTION TO ADOPT Regular Assembly Meeting June 17, 1993 $109,000 and adjusting •total to $109,000; and to increase Expenditures: Assembly to $14,000 and Legal Services to $49,000 and adjust total to $109,000. Mayor Selby explained that changes to the budget were requested by the Assembly and the changes were in accordance with the amendment. Noes: None Absent: Hancock MOTION CARRIED Unanimous Monroe, Austerman, Fitzjearl, Gould, Milligan, McFarland C. Ordinance No. 93 -36 Amending Kodiak Island ORDINANCE Borough Code Title 3 Revenue and Finance, NO. 93 -36 Chapter 3.20 and Chapter 3.24. Presented for consideration was Ordinance No. 93 -36 which, if adopted, amended Kodiak Island Borough Code revising personal property tax penalty and interest rates. MONROE, moved to adopt seconded by FITZJEARL Ordinance No. 93 -36. Mayor Selby explained that multiple references in the code were inconsistent, specifically property tax due dates and interest rates. Noes: None Absent: Hancock MOTION CARRIED Unanimous Austerman, Fitzjearl, Gould, Milligan, Monroe, McFarland Volume XVI Page 240 D. Ordinance No. 93 -37 Adopting the Urban Islands Comprehensive Plan and Wending Kodiak Island Borough Code Chapter 17.02 Comprehensive Plan. Presented for consideration was Ordinance No. 93 -37 which, if adopted, amended Kodiak Island Borough Code by adding a plan intended to guide long -term growth and development on Kodiak Island. FITZJEARL, moved to adopt seconded by AUSTERMAN Ordinance No. 93 -37. Mayor Selby explained the need for the plan was brought about by a controversial zoning case on Woody Island. He noted that the Planning and Zoning Commission recommended approval. Assemblymember Gould felt that completion of a similar plan was necessary prior to approval of future rural development rezone requests. He appreciated the efforts of staff and the Planning and Zoning Commission. VOTE ON MOTION TO ADOPT Ayes: GOULD, seconded by AUSTERMAN Regular Assembly Meeting June 17, 1993 Fitzjearl, Gould, Milligan, Monroe, Austerman, McFarland ORDINANCE NO. 93 - 37 Noes: None Absent: Hancock MOTION CARRIED Unanimous E. Ordinance No. 93 -38 Rezoning ASLS 86 -91 From ORDINANCE WH -- Wildlife Habitat To RD- -Rural Development. NO. 93 -38 (Generally located on the southwest shore of Ugak Bay on the east side of Kodiak Island) Presented for consideration was Ordinance No. 93 -38 which, if adopted, rezoned land consistent with the type of development that private land owners want to develop in remote areas of Kodiak Island. AUSTERMAN, moved to adopt AaA crm7 Ordinance No. 93 -38. moved to postpone Ordinance No. 93 -38 until completion of the Jon Isaacs & Associates' study of the Kodiak Island Volume XVI Page 241 VOTE ON MOTION TO POSTPONE AUSTERMAN, seconded by GOULD VOTE ON MOTION TO POSTPONE Ayes: Regular Assembly Meeting June 17, 1993 4 Borough Coastal •Management Plan and its incorporation into the Kodiak Island Borough Comprehensive Plan. Ayes: Gould, Monroe, Austerman, McFarland Noes: Milligan, Fitzjearl Absent: Hancock MOTION CARRIED 4 Ayes, 2 Noes F. Ordinance No. 93 -39 Rezoning a 10 Acre Parcel in ORDINANCE Zachar Bay From C -- Conservation To RD- -Rural NO. 93 -39 Development. (Generally located on Carlsen Point, in Zachar Bay, on the west side of Kodiak Island) Presented for consideration was Ordinance No. 93 -39 which, if adopted, rezoned land consistent with the type of development that private land owners want to develop in remote areas of Kodiak Island. AUSTERMAN, moved to adopt seconded by FITZJEARL Ordinance No. 93 -39. Linda Freed, Community Development director, responded to density concerns expressed by Assemblymember Monroe. Director Freed explained that there were no rezones on Carlsen Point but a number of private parcels of approximately 10 acres each were deeded to Larsen Bay shareholders. moved to postpone Ordinance No. 93 -39 until completion of the Jon Isaacs & Associates' study of the Kodiak Island Borough Coastal Management Plan and its incorporation into the Kodiak Island Borough Comprehensive Plan. Milligan, Monroe, Austerman, Gould, McFarland Volume XVI Page 242 AUSTERMAN, seconded by GOULD VOTE ON MOTION TO POSTPONE Ayes: Regular Assembly Meeting June 17, 1993 Noes: Fitzjearl Absent: Hancock MOTION CARRIED. 5 Ayes, 1 No G. Ordinance No. 93 -40 Rezoning U.S. Survey 1973 ORDINANCE From C -- Conservation To RD- -Rural Development. NO. 93 -40 (Generally located in Zachar Bay on the West Side of Kodiak Island) Presented for consideration was Ordinance No. 93 -40 which, if adopted, rezoned land consistent with the type of development that private land owners want to develop in remote areas of Kodiak Island. FITZJEARL, moved to adopt seconded by AUSTERMAN Ordinance No 93 -40. At questions raised, Director Freed explained that rural development zoning allowed legal operation of a lodge. She noted that enforcement action was initiated on a complaint basis and asked for direction from the Assembly because the present lodge was not in compliance with Kodiak Island Borough code. moved to postpone Ordinance No. 93 -40 until completion of the Jon Isaacs & Associates' study of the Kodiak Island Borough Coastal Management Plan and its incorporation into the Kodiak Island Borough Comprehensive Plan. Monroe, Austerman, Gould, Milligan, McFarland Noes: Fitzjearl Absent Hancock MOTION CARRIED 5 Ayes, 1 No H. Ordinance No. 93 -41 Rezoning 5 Acres of Land on ORDINANCE Whale Island From C- -Conservation To RD- -Rural NO. 93 -41 Development. (Generally Located on the South Shore of Whale Island, North of Kodiak Island) Volume XVI Page 243 Ayes: Noes: AUSTERMAN, seconded by GOULD Absent: MOTION FAILED VOTE ON MOTION TO ADOPT Ayes: VOTE ON MOTION TO POSTPONE Regular Assembly Meeting June 17, 1993 A Presented for consideration was Ordinance No. 93 -41 which, if adopted, rezoned land consistent with the type of development that private land owners want to develop in remote areas of Kodiak Island. MILLIGAN, moved to adopt seconded by AUSTERMAN Ordinance No. 93 -41. Assemblymember Milligan referred to a letter from Denise May, the rezone applicant, that outlined her plans to build two cabins to use as lodges. He asked if failure to rezone the property to rural development hindered the intended use of the cabins. Linda Freed, Community Development Director, responded that conservation zoning allowed one dwelling accommodating a maximum of five unrelated people. She said additional structures were subsidiary to the main dwelling. Director Freed gave a synopsis of permitted uses in rural development and conservation zoning districts. Assemblymember Austerman pointed out that progress would not stop because there were activities that could take place. moved to postpone Ordinance No. 93 -41 until completion of the Jon Isaacs & Associates' study of the Kodiak Island Borough Coastal Management Plan and its incorporation into the Kodiak Island Borough Comprehensive Plan. Austerman, Gould, McFarland Fitzjearl, Milligan, Monroe Hancock 3 Ayes, 3 Noes Fitzjearl, Milligan, Monroe, Austerman Volume XVI Page 244 GOULD, seconded by MONROE Ayes: Regular Assembly Meeting June 17, 1993 VOTE ON MOTION TO POSTPONE Noes: Gould, McFarland Absent: Hancock MOTION CARRIED 4 Ayes, 2 Noes I. Ordinance No. 93 -42 Rezoning U.S. Survey 1855 ORDINANCE From C -- Conservation To RD- -Rural Development. NO. 93 - 42 (Generally Located in Deadman's Bay on the South End of Kodiak Island) Presented for consideration was Ordinance No. 93 -42 which, if adopted, rezoned land consistent with the type of development that private land owners want to develop in remote areas of Kodiak Island. GOULD, moved to adopt seconded by AUSTERMAN Ordinance No. 93 -42. moved to postpone Ordinance No. 93 -42 until completion of the Jon Isaacs & Associates' study of the Kodiak Island Borough Coastal Management Plan and its incorporation into the Kodiak Island Borough Comprehensive Plan. Gould, Milligan, Monroe, Austerman, McFarland Noes: Fitzjearl Absent: Hancock MOTION CARRIED 5 Ayes, 1 No J. Ordinance No. 93 -43 Rezoning Tract I, ASLS 71 -3 ORDINANCE From WH -- Wildlife Habitat To RD- -Rural NO. 93 - 43 Development. (Generally Located Along the South Shore of Ugak Bay on the East Side of Kodiak Island) Presented for consideration was Ordinance No. 93 -43 which, if adopted, rezoned land consistent with the type of development that private land owners want to develop in remote areas of Kodiak Island. Volume XVI Page 245 GOULD, seconded by MILLIGAN GOULD, seconded by MONROE VOTE ON MOTION TO POSTPONE Ayes: Noes: Absent: MOTION CARRIED AUSTERMAN, seconded by MONROE AUSTERMAN, seconded by GOULD VOTE ON MOTION TO POSTPONE Regular Assembly Meeting June 17, 1993 i 1 moved to adopt -Ordinance No. 93 - 43. moved to postpone Ordinance No. 93 -43 until completion of the Jon Isaacs & Associates' study of the Kodiak Island Borough Coastal Management Plan and its incorporation into the Kodiak Island Borough Comprehensive Plan. Milligan, Monroe, Austerman, Gould, McFarland Fitzjearl Hancock 5 Ayes, 1 No K. Ordinance No. 93 -44 Rezoning ASLS 75 -147 From ORDINANCE WH-- Wildlife Habitat To RD- -Rural Development. NO. 93 -44 (Generally Located Along the South Shore of Ugak Bay on the East Side of Kodiak Island) Presented for consideration was Ordinance No. 93 -44 which, if adopted, rezoned land consistent with the type of development that private land owners want to develop in remote areas of Kodiak Island. moved to adopt Ordinance No. 93 -44. moved to postpone Ordinance No. 93 -44 until completion of the Jon Isaacs & Associates' study of the Kodiak Island Borough Coastal Management Plan and its incorporation into the Kodiak Island Borough Comprehensive Plan. Volume XVI Page 246 Ayes: Noes: Absent: MOTION CARRIED L. Ordinance No. 93 -45 Rezoning ASLS C -- Conservation 12 RD- -Rural Deve (Generally Located Along the West Hidden Basin, in Ugak Bay, on the Kodiak Island) MONROE, seconded by GOULD GOULD, seconded by MONROE VOTE ON MOTION TO POSTPONE Ayes: Noes: Absent: MOTION CARRIED Regular Assembly Meeting June 17, 1993 Monroe, Austerman, .Gould, Milligan, McFarland Fitzjearl Hancock 5 Ayes, 1 No 75 -11 From lopment. Shore of East Side of Presented for consideration was Ordinance No. 93 -45 which, if adopted, rezoned land consistent with the type of development that private land owners want to develop in remote areas of Kodiak Island. moved to adopt Ordinance No. 93 -45. moved to postpone Ordinance No. 93 -45 until completion of the Jon Isaacs & Associates' study of the Kodiak Island Borough Coastal Management Plan and its incorporation into the Kodiak Island Borough Comprehensive Plan. Austerman, Gould, Milligan, Monroe, McFarland Fitzjearl Hancock 5 Ayes, 1 No M. Ordinance No. 93 -46 Rezoning ASLS 90 -151 From ORDINANCE WH -- Wildlife Habitat To RD- -Rural Development. NO. 93 -46 (Generally Located in Ugak Bay on the East Side of Kodiak Island) Presented for consideration was Ordinance No. 93 -46 which, if adopted, rezoned land consistent with the ORDINANCE NO. 93 -45 Volume XVI Page 247 type of development that private land owners want to develop in remote areas of Kofl'iak Island. AUSTERMAN, moved to adopt seconded by MONROE Ordinance No. 93 -46. MONROE, seconded by AUSTERMAN VOTE ON MOTION TO POSTPONE Ayes: OLD BUSINESS None. Regular Assembly Meeting June 17, 1993 moved to postpone Ordinance No. 93 -46 until completion of the Jon Isaacs & Associates' study of the Kodiak Island Borough Coastal Management Plan and its incorporation into the Kodiak Island Borough Comprehensive Plan. Gould, Milligan, Monroe, Austerman, McFarland Noes: Fitzjearl Absent: Hancock MOTION CARRIED 5 Ayes, 1 No After a ten minute recess at 9:31 p.m., Presiding Officer McFarland reconvened the regular meeting. MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby announced that North Pacific Fisheries Management Council representatives were scheduled to meet in Kodiak next week on issues impacting Kodiak. He encourage attendance and testimony at the public hearings. He was scheduling meetings with Brad Gillman, Washington, D. C. lobbyist, next week. He discussed Peterson Elementary School concerns with a Department of Education representative and the architect. He said submission of documents to the Exxon Valdez Trustee Council was scheduled for September and funding scheduled for December. OLD BUSINES[ Volume XVI Page 248 NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS 1. Contract No. 93 -19 Kodiak Island Borough CONTRACT Municipal Facilities Snow Removal and NO. 93 -19 Sanding. GOULD, seconded by FITZJEARL Mayor Selby explained that the low bidder was Island Sand & Gravel, and the contract price was based on the actual quantity of services performed. VOTE ON MOTION TO AWARD Ayes: Noes: None Absent: Hancock MOTION CARRIED Unanimous 2. Contract No. 93 -20 Pedestrian Path, Bike CONTRACT Trail, Rezanof Sidewalk, and Heliport Snow NO. 93 -20 Removal and Sanding. AUSTERMAN, seconded by GOULD Mayor Selby stated the low bidder was Brechan Enterprises. He said because the contract price was based on actual quantity of services performed, there was no contract price. VOTE ON MOTION TO AWARD nct �v .. Noes: None Absent: Hancock Regular Assembly Meeting June 17, 1993 moved to award Contract No. 93 -19 to Island Sand & Gravel, Inc. of Kodiak. Gould, Milligan, Monroe, Austerman, Fitzjearl, McFarland moved to award Contract No. 93 -20 to Brechan Enterprises, Inc. of Kodiak. Milligan, Monroe, Austerman, Fitzjearl, Gould, McFarland Volume XVI Page 249 1 -1 4 MOTION CARRIED Unanimous Presiding Officer McFarland recognized Tom Frost, former City of Kodiak mayor, as he was leaving the Chambers. 3. Contract No. 93 -21 Fuel Oil Delivery to the CONTRACT Kodiak Island Borough Municipal Facilities NO. 93 -21 for the Period July 1, 1993 to June 30, 1994. MONROE, moved to award Contract seconded by FITZJEARL No. 93 -21 to Thompson Transfer, Inc. of Kodiak. Assemblymember Gould declared a conflict of interest in that he participated in profit sharing as an employee of Kodiak Oil Sales. The Presiding Officer ruled a conflict of interest; Assemblymember Gould left the dias. Mayor Selby said the low bidder was Thompson Transfer, and there was no contract price because the cost was based on the actual quantity of fuel received. VOTE ON MOTION TO AWARD Ayes: Noes: None Abstain: Gould Absent: Hancock MOTION CARRIED Unanimous Assemblymember Gould returned to the dias. 4. Contract No. 93 -22 Monashka Bay Road CONTRACT Service District Road Maintenance and NO. 93 -22 Repair, Snow Removal and Sanding, and Road Grading and Ditching for the Period July 1, 1993 to June 30, 1994. FITZJEARL, seconded by MONROE Regular Assembly Meeting June 17, 1993 Monroe, Austerman, Fitzjearl, Milligan, McFarland moved to award Contract No. 93 -22 to A -K Construction of Kodiak. Volume XVI Page 250 Mayor Selby explained that the Monashka Bay Road Service District Board recommended awarding the annual contract to A -K Construction. Assemblymember Milligan appreciated receiving correspondence from the Board. Presiding Officer McFarland echoed the comments of Assemblymember Milligan. VOTE ON MOTION TO AWARD Ayes: Noes: None Absent: Hancock MOTION CARRIED Unanimous 5. Contract No. 93 -23 Kodiak Island Borough CONTRACT Landfill Facility Skid Steer Loader. NO. 93 -23 GOULD, seconded by MONROE Mayor Selby explained that this replaced the existing skid steer loader which was approximately six years old and in poor operating condition. VOTE ON MOTION TO AWARD Ayes: Noes: None Absent: Hancock MOTION CARRIED Unanimous 6. Contract No. 93 -26A Peterson Elementary Temporary School Heating and Plumbing Upgrade. FITZJEARL, seconded by MILLIGAN Regular Assembly Meeting June 17, 1993 ) 2 Austerman, Fitzjearl, Gould, Milligan, Monroe, McFarland moved to award Contract No. 93 -23 to Yukon Equipment, Inc. of Anchorage in an amount not to exceed $23,950. Fitzjearl, Gould, Milligan, Monroe, Austerman, McFarland moved to award Contract No. 93 -26A to Scott's Heating Service of CONTRACT NO. 93 -26A Volume XVI Page 251 Noes: Absent: MOTION CARRIED GOULD, seconded by MONROE Mayor Selby explained that school was inadequate. VOTE ON MOTION TO AWARD Ayes: Noes: Absent: MOTION CARRIED B. RESOLUTIONS Regular Assembly Meeting June 17, 1993 7 4 Kodiak in an amount not to exceed $11,275.72. Mayor Selby explained the upgrades were required before students were moved to the temporary school. VOTE ON MOTION TO AWARD Ayes: Gould, Milligan, Monroe, Austerman, Fitzjearl, McFarland None Hancock Unanimous 7. Contract No. 93 -26B Peterson Elementary Temporary School Electrical Upgrade. moved to award Contract No. 93 -26B to Standard Mechanical of Kodiak in an amount not to exceed $25,600. lighting at the temporary Milligan, Monroe, Austerman, Fitzjearl, Gould, McFarland None Hancock Unanimous 1. Resolution No. 93 -18 Distributing Previously Appropriated Funds to Kodiak Island Nonprofit Organizations for Fiscal Year 1994. Presented for consideration was Resolution No. 93 -18 which, if adopted, directed staff to complete necessary accounting and reporting documents to distribute funds to nonprofit organizations. CONTRACT NO. 93 -26B RESOLUTIONS RESOLUTION NO. 93 -18 Volume XVI Page 252 GOULD, moved to adopt 'Resolution No. 93 -18. seconded by MILLIGAN Mayor Selby appreciated Assembly involvement in determining the disbursement of funds. He felt nonprofit organizations provided critical services to the community. Assemblymember Milligan appreciated the combined efforts of Mayor Selby, staff, and the Assembly to ascertain the disbursement criteria for nonprofit funds. Assemblymember Austerman clarified that there was a $20,000 increase over last year and gave a break down of how funds were disbursed. He felt limited future funding of the Brother Francis Shelter was in order. Assemblymember Fitzjearl noted that the ambulance, library, Chamber of Commerce and Convention and Visitors Bureau were not funded under nonprofits. Monte Hawver, Brother Francis Shelter representative, responded to questions from the Assembly. He said that Catholic Social Services removed funding after the building was completed. He understood there was a 20 -year agreement to manage the shelter and fund raisers were conducted regularly. He explained that fees were not charged because the original community block grant disallowed fees, but donations were encouraged and accepted. Assemblymember Austerman related his initial reservations about building the shelter but now felt there was no negative impact to the neighborhood. He complimented Mr. Hawver. Assemblymember Fitzjearl expressed concern that the Kodiak Baptist Mission received large funds but only supported troubled youths. Mayor Selby explained that the concept of orphanages had changed and children without parents generally were placed with other family members. Assemblymember Monroe appreciated the nonprofit hearing u t disaoint .aa ppment with the ucai ang process b t"r_ . _ ___ - City's decision to reduce nonprofit funding. Assemblymember Milligan valued the nonprofit funding process. Assemblymember Gould appreciated the coordinated effort of nonprofit organizations. Regular Assembly Meeting June 17, 1993 Volume XVI Page 253 VOTE ON MOTION TO ADOPT Ayes: VOTE ON MOTION TO ADOPT Ayes: Regular Assembly Meeting June 17, 1993 Noes: None Absent: Hancock MOTION CARRIED Unanimous Assemblymember Fitzjearl requested Assemblymember Gould declare, for the record, a conflict of interest on one of the non - profits organizations. Assemblymember Gould explained his wife was director of the Senior Center and that he had not participated in discussion relating to the Center. Presiding Officer McFarland ruled no conflict of interest. Mayor Selby clarified that the Baptist Mission, Kodiak Council on Alcoholism and the Women's Resource and Crisis Center were scheduled to share $54,000 additional in state revenue sharing funds. Monroe, Austerman, Fitzjearl, Gould, Milligan, McFarland 2. Resolution No. 93 -07A Amending Resolution RESOLUTION No. 93 -07 Establishing Fees of the Kodiak NO. 93 -07A Island Borough. If adopted, Resolution No. 93 -07A amended Resolution No. 93 -07 by increasing hospital and subdivision permits and adjusting building permits to conform with the Uniform Building Code. MONROE, moved to adopt seconded by AUSTERMAN Resolution No. 93 -07A. Mayor Selby stated this was an annual update of fees. He said the changes included an increase in hospital fees, subdivision fees and building permit fees. Presiding Officer McFarland explained the need to balance the budget prior to requesting tax increases. He said fees for permits passed the cost of doing business to those using the service. He appreciated staff, Mayor Selby and the Assembly for the budget process. Austerman, Gould, Milligan, Monroe, McFarland Volume XVI Page 254 Noes: Absent: MOTION CARRIED C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS VOTE ON MOTION TO APPROVE Ayes: Regular Assembly Meeting June 17, 1993 VOTE ON MOTION TO APPROVE r Fitzjearl Hancock 5 Ayes, 1 No 1. Contract No. 93 -24 Animal Control Program. CONTRACT NO. 93 -24 Mayor Selby explained the combining of animal control responsibilities between the Kodiak Island Borough and the City of Kodiak. He noted that the City controlled the contract for management of the shelter but that full compliance of the Borough Code was maintained. Assemblymember Gould appreciated past shelter managers. It was his opinion that animal control was a Borough function because it was regional in nature. MONROE, moved to approve seconded by GOULD Contract No. 93 -24. Fitzjearl, Gould, Milligan, Monroe, Austerman, McFarland Noes: None Absent: Hancock MOTION CARRIED Unanimous 2. Contract No. 93 -25 Consultation and CONTRACT Training Agreement Between the City of NO. 93 -25 Kodiak and the Kodiak Island Borough Mental Health Center. FITZJEARL, moved to approve seconded by MONROE Contract No. 93 -25. Mayor Selby explained that mental health service and consultation was provided to city staff and was especially beneficial to those in high stress positions. ORDINANCES FOR INTRODUCTION OTHER ITEMS Volume XVI Page 255 Ayes: Noes: None Absent: Hancock MOTION CARRIED Unanimous VOTE ON MOTION TO APPROVE Ayes: Regular Assembly Meeting June 17, 1993 'Gould, Milligan, Monroe, Austerman, Fitzjearl, McFarland 3. Contract No. 93 -27 Old Harbor School Site CONTRACT Work. NO. 93 -27 FITZJEARL, moved to approve seconded by AUSTERMAN Contract No. 93 -27. Mayor Selby explained this was an upgrade of the Old Harbor School playground. He said Herndon and Thompson, Inc., the contractor, had equipment and gravel available to complete the upgrade at a reasonable cost of $18,250. Milligan, Monroe, Austerman, Fitzjearl, Gould, McFarland Noes: None Absent: Hancock MOTION CARRIED Unanimous INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Personnel Advisory Board Meeting of May 26, 1993. 2. Monashka Bay Road Service Board Meetings of January 13 and April 14, 1993. 3. Parks and Recreation Committee Meeting of April 13, 1993. B. REPORTS REPORTS 1. Kodiak Island Borough May 1993 Financial Report. INFORMATIONAL MATERIALS Volume XVI Page 256 C. OTHER OTHER 1. Monashka Bay Road Service District Board Resolution No. 93 -01 Supporting the Improvement of All Roads in the Monashka Bay Road Service District, Including the Extension of Three Sisters Way to Monashka Circle. CITIZEN COMMENTS ASSEMBLYMEMBER COMMENTS Monte Hawver appreciated the Assembly's wisdom and compassion in funding nonprofit organizations. Lani Carlsen, Ordinance No. 93 -39 rezone applicant, was disappointed at the postponement of her rezone request because previous requests were approved. She appreciated Assembly concerns but felt progress was stifled. She thanked the Assembly for their time. Presiding Officer McFarland explained the intent of the Assembly was to make sound decisions for the future of Kodiak. Assemblymember Milligan thanked Ms. Carlsen for speaking and agreed there were inconsistencies regarding rural development rezoning. Assemblymember Monroe commended staff and the Planning and Zoning Commission for the Urban Islands Comprehensive Plan. Assemblymember Austerman felt that Assembly postponement of previous rezones set a precedent. Assemblymember Fitzjearl felt that approval of some rezones and postponement of others was selective enforcement and zoning. FITZJEARL, seconded by AUSTERMAN move to place a moratorium on all lodge activities in rural areas until completion of the Jon Tsaars F Assnniaf_es' study of the Kodiak Island Borough Coastal Management Plan and its incorporation into the Kodiak Island Borough Comprehensive Plan. CITIZEN COMMENTS ASSEMBLYMEMBER COMMENTS Regular Assembly Meeting - Volume XVI June 17, 1993 Page 257 Regular Assembly Meeting June 17, 1993 4 Assemblymember Fitzjearl explained that over - building and public use caused damage to resources. Assemblymember Austerman was of the opinion that suspending existing lodge operations caused financial harm and potential legal ramifications. Presiding Office McFarland felt that Assembly position was to set policy and to allow the Planning and Zoning Commission to make decisions. At Assembly questions, Linda Freed, Community Development Director, explained the process of requesting conditional use permits. She said the borough code allowed for application for specific conditional use permits and the Planning and Zoning Commission made the determination if the use was similar to those listed in the code. VOTE ON MOTION Ayes: Fitzjearl Noes: Monroe, Austerman, Gould, Milligan, McFarland Absent: Hancock MOTION FAILED 1 Aye, 5 Noes Assemblymember Fitzjearl thanked those attending Assembly meetings and expressed sympathy to those who had lost a family member. Assemblymember Gould appreciated those who spoke to budget and zoning processes. Presiding Officer McFarland announced the Assembly would meet in work session on Thursday, June 24th, at 7:30 p.m. in the borough conference room, work session on Tuesday, June 29th, at noon in the hospital conference room, and regular meeting on Thursday, July 1st, at 7:30 p.m. in the assembly chambers. MILLIGAN, moved to adjourn. seconded by AUSTERMAN ADJOURNMENT VOTE ON MOTION TO ADJOURN MOTION CARRIED Unanimous voice vote Volume XVI Page 258 ATTEST: orough Clerk Approved: 07/15/93 Regular Assembly Meeting June 17, 1993 A There being no further business to come before the Assembly, the meeting adjourned at 11:09 p.m. Ai -41W44 4 'siding Offic Volume XVI Page 259