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