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1993-08-05 Regular MeetingThere were present: FITZJEARL, seconded by AUSTERMAN VOTE ON MOTION TO EXCUSE MOTION CARRIED MONROE, seconded by FITZJEARL Clerk Smith read the items "Consent Agenda ". 1 KODIAK ISLAND BOROUGH Regular Assembly Meeting August 5, 1993 A regular meeting of the Kodiak Island Borough Assembly was held August 5, 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. Deputy Presiding Officer Gould led the pledge of allegiance. Gordon Gould, Presiding Alan Austerman Betty Fitzjearl Suzanne Hancock Mike Milligan Mary Monroe absent: Jack McFarland comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith, Clerk Linda Freed, Community Development Director Jane Edmonds, Records Coordinator Assemblymember McFarland was out -of -town and asked to be excused. APPROVAL OF AGENDA AND CONSENT AGENDA moved to excuse Assemblymember McFarland. Unanimous voice vote moved to approve agenda and consent agenda. for consideration under REGULAR MEETING ROLL CALL APPROVAL OF AGENDA AND CONSENT AGENDA Regular Assembly Meeting Volume XVII August 5, 1993 Page 34 VOTE ON MOTION TO APPROVE Ayes: Noes: None Absent: McFarland MOTION CARRIED Unanimous APPROVAL OF MINUTES APPROVAL OF MINUTES A. K.I.B. Assembly Meetings of July 1 and 15, 1993. These items were approved under "Consent Agenda ". AWARDS AND AWARDS AND PRESENTATIONS PRESENTATIONS Mayor Selby presented the Government Finance Officers Association Award to the Kodiak Island Borough. Karl Short received an achievement award from the Association as Finance Director /Treasurer of the Kodiak Island Borough. EMPLOYEE OF THE A. Employee of the Month MONTH Mayor Jerome Selby presented the Employee of the Month Award to Kristopher Brewster, personal computer technician in the Data Processing Department. CITIZENS' COMMENTS COMMITTEE REPORTS Austerman, Fitzjearl, Hancock, Milligan, Monroe, Gould A. Agenda Items Not Scheduled For Public Hearing None. B. Items Other Than Those Appearing on the Agenda Karen King, Kodiak Island Housing Authority executive director, thanked the Mayor, Assembly, and staff for responding to the housing needs of the community. She was notified of twenty units to be built in Kodiak and four units to be built in Ouzinkie. Pat Szabo, Planning and Zoning Commissioner, thanked Assemblymembers for attending the recent meeting on rural development rezoning because it helped to understand the direction from the Assembly. She hoped that the Assembly's attendance helped them in CITIZENS' COMMENTS COMMITTEE REPORTS Regular Assembly Meeting Volume XVII August 5, 1993 Page 35 i PUBLIC HEARING None. MESSAGES FROM THE BOROUGH MAYOR understanding the Commission's basis for coastal zone management of the Borough. Assemblymember Hancock, Kodiak College Council representative, announced the Council would meet at the end of the month. She reported that negotiations with Carr's Grocery Store to lease /purchase college property were not underway. Assemblymember Monroe reported the Mental Health Center Advisory Board meeting was cancelled for lack of a quorum. Assemblymember Austerman, Planning and Zoning Commission representative, attended the rural development zoning meeting which was most fruitful in gathering information. He hoped for communication on developing zoning regulations as the Assembly requested. He encouraged attendance at Planning and Zoning Commission meetings. Assemblymember Fitzjearl attended the steering committee meeting where marketing the two bond propositions on the ballot of the October 5, 1993, election were discussed. She attended the Planning and Zoning Commission meeting and appreciated the discussion on rural development zoning. Mayor Selby reported that the payment in lieu of taxes program was at the federal level and was scheduled for the hearing process. He said the National Association of Counties proposed to double funding for the program that would cause close to an additional mil of assistance for the Borough. He noted that Senator Stevens and Senator Murkowski signed as co- sponsors of the bill. He received a request for the capital improvement list from Don Kubley, lobbyist, to be used during Governor Hickel's budget process. Mayor Selby revised the numbers until a new _ rocnlntin _ n _ nf the Assembly was adopted in October, 1993. He announced Magnusen Act hearings on August 20, 1993, in the Kodiak High School Auditorium at 9:00 a.m. As soon as more information was received, he would copy the Assembly. PUBLIC HEARING MESSAGES FROM MAYOR Regular Assembly Meeting Volume XVII August 5, 1993 Page 36 I MILLIGAN, seconded by AUSTERMAN VOTE ON MOTION TO AMEND Ayes: Regular Assembly Meeting August 5, 1993 9 He encouraged attendance at 10:00 p.m. at the airport to welcome the 1993 Alaska State Girl's Softball Championship Team on their return to Kodiak. He was preparing for negotiations with IBEW and recommended the Assembly appoint Walter Sapp as the Borough union negotiator. Noes: None Absent: McFarland MOTION CARRIED Unanimous OLD BUSINESS None. NEW BUSINESS moved to amend agenda to add New Business Other Item 3: Appointment of Walter Sapp as the Kodiak Island Borough Union Negotiator. Fitzjearl, Hancock, Milligan, Monroe, Austerman, Gould NEW BUSINESS A. BID AWARDS BID AWARDS 1. Contract No. 93 -36 Red Cross Building and CONTRACT Borough Building Americans With NO. 93 -36 Disabilities (ADA) Upgrades. MONROE, moved to award seconded by AUSTERMAN Contract No. 93 -36 to Clarion Company of Kodiak, Alaska in an amount not to exceed $59,777. Mayor Selby explained the contract would bring the Borough building and the building referred to as the Red Cross building to code to meet Americans with Disabilities Act requirements. In response to questions, he said the Red Cross building was used by the school district during the days and Red Cross in the evenings. He added that funds were in the capital projects budget. OLD BUSINEL Volume XVII Page 37 1 VOTE ON MOTION TO AWARD Ayes: Noes: Absent: MOTION CARRIED 2. Contract No. Installation FITZJEARL, seconded by AUSTERMAN VOTE ON MOTION TO AWARD Ayes: N =e=: Absent: MOTION CARRIED I 9 Hancock, Milligan, Monroe, Fitzjearl, Gould Austerman McFarland 5 Ayes, 1 No 93 -37 Ouzinkie School Boiler Project. moved to award Contract No. 93 -37 for base bid and alternate number 3 to Palmerco Construction, Inc. of Anchorage, Alaska in an amount not to exceed $142,000. Mayor Selby reported that the school district maintenance staff discovered three of the five boilers were non - functional to the point of being dangerous. He explained the plan to install one single boiler system that would result in significant fuel savings. He said that the monies for the project were from two projects in the Capital Improvements Program that were delayed -- painting the Kodiak Junior High School and repairing the roof at the Ouzinkie School -- because of the nature of the projects. Assemblymember Austerman favored transferring funds to this project because of the life, safety and health aspect. Milligan, Monroe, Austerman, Fitzjearl, Hancock, Gould AT n n n McFarland Unanimous CONTRACT NO. 93 -37 Regular Assembly Meeting Volume XVII August 5, 1993 Page 38 B. RESOLUTIONS RESOLUTIONF 1. Resolution No. 93 -20 Directing the Disposal RESOLUTION of an Interest in Land for Fair Market NO. 93 -20 Value, Consisting of a Portion of Three Sisters Road Right -of -way Near Lot 3, Block 3 Mountain View Subdivision Second Addition. Presented for consideration was Resolution No. 93 -20 which, if adopted, disposed of property to accommodate an existing well and wellhouse located in the Three Sisters Road right -of -way. MONROE, moved to adopt seconded by AUSTERMAN Resolution No. 93 -20. Mayor Selby explained that "permitting" in the code was described as disposable property. He added that the property owners would have legal use of property recorded as an encroachment. VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: McFarland MOTION CARRIED Unanimous Monroe, Austerman, Fitzjearl, Hancock, Milligan, Gould 2. Resolution No. 93 -21 Establishing Unit RESOLUTION Prices for Material Sales Contracts. NO. 93 -21 Presented for consideration was Resolution No. 93 -21 which, if adopted, continued the eighty -five cents ($.85) per cubic yard minimum unit price for material sales contracts from July 1, 1993 to June 30, 1994. FITZJEARL, moved to adopt seconded by AUSTERMAN Resolution No. 93 -21. Mayor Selby proposed to continue with the material calac rnntrarta at th _arrant rate. Assemblymember Milligan thanked staff for not recommending a rate increase because a severance tax was paid on the most basic of construction materials. Regular Assembly Meeting Volume XVII August 5, 1993 Page 39 VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: McFarland MOTION CARRIED Unanimous 3. Resolution No. 93 -22 Authorizing an RESOLUTION Addendum to an Existing Land Sale Contract NO. 93 -22 to Allow Continued Rock Extraction Activities at the Proposed North Star Elementary School Site. Presented for consideration was Resolution No. 93 -22 which, if adopted, extended rock extraction contracts to March 18, 1994. FITZJEARL, moved to adopt seconded by MONROE Resolution No. 93 -22. Mayor Selby explained that the Contract for Sale allowed the previous landowner to remove rock from the site for a specific time period. He noted that the time period had expired and the addendum authorized an extension of rock extraction activities. He said it was beneficial to the Borough to have the rock removed. VOTE ON MOTION TO ADOPT Ayes: Fitzjearl, Hancock, Milligan, Monroe, Austerman, Gould Noes: None Absent: McFarland MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION Presented for consideration were: Austerman, Fitzjearl, Hancock, Milligan, Monroe, Gould ORDINANCES FOR T MTDATTTnmTA \T ananVYWY1.VLT 1. Ordinance No. 93 -53 Rezoning U.S. Survey ORDINANCE 1932 From C -- Conservation To RD- -Rural NO. 93 -53 Development (Generally Located in Uganik Bay) Regular Assembly Meeting Volume XVII August 5, 1993 Page 40 2. Ordinance No. 93 -54 Rezoning Lot 6 U.S. ORDINANCE Mineral Survey 247 From C -- Conservation To NO. 93 -54 RD- -Rural Development (Near the Mouth of the Ayakulik River) 3. Ordinance No. 93 -55 Rezoning Lot 4 U.S. ORDINANCE Mineral Survey 247 From C -- Conservation To NO. 93 -55 RD- -Rural Development (Located Near the Mouth of the Ayakulik River) 4. Ordinance No. 93 -56 Rezoning Tract B U.S. ORDINANCE Survey 364 From C -- Conservation To RD -- NO. 93 -56 Rural Development (Located Along the Karluk River) 5. Ordinance No. 93 -57 Rezoning Tract A U.S. ORDINANCE Survey 362 From C -- Conservation To RD -- NO. 93 -57 Rural Development (Located Along the Karluk River) AUSTERMAN, seconded by MONROE 6. Ordinance No. 93 -58 Rezoning U.S. Mineral ORDINANCE Survey 125 -A From C -- Conservation To RD -- NO. 93 -58 Rural Development (Located on Packers Spit in Uganik Bay) 7. Ordinance No. 93 -59 Rezoning Tracts A3 and ORDINANCE A4, U.S. Survey 3879 From C -- Conservation NO. 93 -59 To RD- -Rural Development (Located Near Village Islands) Mayor Selby deferred to Linda Freed, Dcveitp iicnt Ue1JGL tmun . UiECGLOL, Lux report. Director Freed gave a brief intent of the rezones and offered to questions. moved to advance Ordinance Numbers 93 -53, 93 -54, 93 -55, 93 -56, 93 -57, 93 -58 and 93 -59 to public hearing upon the completion of Jon Isaacs & Associates' study of the Kodiak Island Borough Coastal Management Plan and its incorporation into the Kodiak Island Borough Comprehensive Plan. Community Lae SLUIL synopsis of the answer Assembly Regular Assembly Meeting Volume XVII August 5, 1993 Page 41 Ayes: VOTE ON MOTION TO ADVANCE Although fundamentally opposed, Assemblymember Austerman contended that previous Assembly actions set a precedent to postpone all rural development rezone requests. Assemblymember Hancock dealt in the parameters established because the study may not be the great panacea, and the Assembly may have to make some hard decisions. Assemblymember Milligan felt that the situation at this time was uncomfortable and unwieldy but would be proud of the product when the mechanics were worked out. Assemblymember Fitzjearl was of the opinion that the first rural development rezones approved should be redone. She thought regulations were in place and reiterated that rezoning was not building. Assemblymember Monroe was comfortable because when more information was received, re- evaluation was possible. Deputy Presiding Officer Gould reiterated that the Assembly dealt with land issues as one of their powers. He favored a slow process to allow groups to discuss vital issues. He cautioned against turning mandatory powers over to other agencies. Hancock, Milligan, Monroe, Austerman, Gould Noes: Fitzjearl Absent: McFarland MOTION CARRIED 5 Ayes, 1 No 8. Ordinance No. 92 -10D Amending Ordinance No. ORDINANCE 92 -10 Fiscal Year 1993 Budget. NO. 92 -10D Presented in first reading was Ordinance No. 92 -10D whirl:, if -A-pt-A, t-A $45,45c fro- t)... Stat o f Alaska, Department of Community and Regional Affairs, for the fiscal year 1993 Day Care Assistance Award. This item was advanced to public hearing on August 19, 1993 under "Consent Agenda ". Regular Assembly Meeting Volume XVII August 5, 1993 Page 42 FITZJEARL, seconded by MONROE Ayes: VOTE ON MOTION TO ACCEPT 9. Ordinance No. 93 -60 Amending Title 7 ORDINANCE Elections of the Kodiak Island Borough Code NO. 93 -60 of Ordinances. Presented in first reading was Ordinance No. 93 -60 which, if adopted, amended Section 7.50.050 Absentee Voting by Mail and Section 7.60.010 Election Pamphlet of the Kodiak Island Borough Code in accordance with Alaska Statutes. This item was advanced to public hearing on August 19, 1993 under "Consent Agenda ". 10. Ordinance No. 93 -10B Amending Ordinance No. ORDINANCE 93 -10 Fiscal Year 1994 Budget. NO. 93 -10B Presented in first reading was Ordinance No. 93 -10B which, if adopted, decreased the Subsidy and Administrative Revenue line items in the Day Care Assistance Fund by $13,032. This item was advanced to public hearing on August 19, 1993 under "Consent Agenda ". D. OTHER ITEMS OTHER ITEMS 1. Kodiak Island Hospital Advisory Board Member Resignation. Mayor Selby wished Jeanne Volker well and Deputy Presiding Officer Gould added that she was an asset to the Board. Noes: None Absent: McFarland MOTION CARRIED Unanimous moved to accept the resignation of Jeanne Volker from the Kodiak Island Hospital Advisory Board. Milligan, Monroe, Austerman, Fitzjearl, Hancock, Gould HOSPITAL ADVISORY Bt RESIGNATION Regular Assembly Meeting Volume XVII August 5, 1993 Page 43 MONROE, seconded by AUSTERMAN VOTE ON MOTION TO APPOINT Ayes: FITZJEARL, seconded by AUSTERMAN VOTE ON MOTION TO APPOINT Ayes: Noes: None Absent: McFarland MOTION CARRIED Unanimous Noes: None Absent: McFarland MOTION CARRIED Unanimous 2. Kodiak Island Hospital Advisory Board Member Appointment. moved to appoint Wayne Stevens to a seat on the Kodiak Island Hospital Advisory Board to expire December 31, 1995. Mayor Selby said that Wayne Stevens had served on many community boards, including the assembly, and looked forward to working with him. Deputy Presiding Officer Gould worked with Mr. Stevens on the Hospital Advisory Board previously and felt he had the hospital at heart. Monroe, Austermant, Fitzjearl, Hancock, Milligan, Gould 3. Appointment of Walter Sapp as the Kodiak UNION NEGOTIATOR Island Borough Union Negotiator. APPOINTMENT moved to appoint Walter Sapp as the Kodiak Island Borough union negotiator. Mayor Selby recommended Walter Sapp as the negotiator because he had the time and interest to do the job. Austerman, Fitzjearl, Hancock, Milligan, Monroe, Gould HOSPITAL ADVISORY BOARD APPOINTMENT Regular Assembly Meeting Volume XVII August 5, 1993 Page 44 INFORMATION - INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Planning and Zoning Commission Regular Meeting of June 16, 1993. 2. Kodiak Island Borough School District Board Regular Meeting of June 28 and Special Meeting of July 12, 1993. 3. Data Processing Steering Committee Regular Meeting of June 17, 1993. B. REPORTS REPORTS 1. Community Development Department June 1993 Status Report. 2. Lutheran Health Systems 1992 Annual Report. C. OTHER OTHER 1. Horsehshoe Lake Community Association Newsletter. CITIZEN COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Monroe attended the school bond and hospital bond propositions marketing committee meeting. She said the goal was to compile facts for submission to voters to allow an educated decision on whether they wanted to pass or fail the bond propositions. She ensured that all questions would be answered. She congratulated Karleton Short and Kristopher Brewster. Assemblymember Hancock recognized Karleton Short. She thanked the Planning and Zoning Commissioners for their time and effort because it was helpful. Assemblymember Milligan thanked Joe Stevens for tuning up the equipment at KMXT. He mentioned that drivers needed to use caution when crossing bridges as many nannla morn viawinn flab from the hrid es Assemblymember Austerman congratulated Karleton Short and Kristopher Brewster. He was pleased with the low- income housing report from Karen King. He added his congratulations to the girl's softball team. He asked the Mayor for a copy of the letter from Don Kubley, lobbyist. Mayor Selby said that the letter CITIZEN COMMENTS ASSEMBLYMENbIS COMMENTS Regular Assembly Meeting Volume XVII August 5, 1993 Page 45 9 requesting the current CIP list would be submitted to the Clerk for distribution to the Assembly. Assemblymember Austerman strongly urged those who wanted changes in local government to get active and file as a candidate. He asked for a report from the Mayor on the transportation steering committee's resolution on the ISTEA monies. He added that the new Department of Transportation commissioner's perception on how money was spent was totally different from that of the previous commissioner. Mayor Selby said that all funds appropriated by the legislature were held. He had a commitment from the commissioner that Mill Bay Road monies were available to complete Phase II but if the monies were available next spring, it would be too late for the City of Kodiak to bid the project by February 1994 for completion by October 1994. He received a mixed signal on the Selief Lane project because it may be omitted from next year's receipts. He added that the change of direction on ISTEA funds created problems statewide. He added that the monies for Rezanof Drive were appropriated two years ago and consequently were not involved in this appropriation. Assemblymember Austerman was interested in a status report on the Monashka Bay land development proposal. Mayor Selby anticipated information within the month and completion of the proposal early in the fall. Assemblymember Fitzjearl announced a women's caucus meeting on August 14th at 1:00 p.m. at Kodiak Community College. She observed children and adults on bridges and urged everyone to slow down and be careful of not only those on bridges but also bikers and joggers. She urged attendance at Planning and Zoning Commission meetings. She read a letter from Carl Rosier to Mayor Selby notifying the Kodiak Island Borough that the Alaska nep artment of Fish n A r_e 1.ad ..:a: r __ _...� �.. .. .. .........:. ..a. no i ,.. ..n on rezoning the Karluk� area. She named the members of the bond proposition steering committee and pointed out the meetings were open to the public. Regular Assembly Meeting Volume XVII August 5, 1993 Page 46 ATTEST: ) A � /TYvYUa f \ Borough Clerk Approved: 09 /02/93 Deputy Presiding Officer Gould congratulated the finance department and Kristopher Brewster. Deputy Presiding Officer Gould announced the Assembly would meet in a work session on August 12, 1993 at 7:30 p.m. in the borough conference room, joint Assembly /Council work session on Tuesday, August 17, 1993 at 7:30 p.m. in the assembly chambers, and an Assembly regular meeting on Thursday, August 19, 1993 at 7:30 p.m. in the assembly chambers. MILLIGAN, moved to adjourn. ADJOURNMENT seconded by AUSTERMAN VOTE ON MOTION TO ADJOURN MOTION CARRIED Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 8:55 p.m. Regular Assembly Meeting Volume XVII August 5, 1993 Page 47