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1993-11-04 Regular MeetingA KODIAK ISLAND BOROUGH Regular Assembly Meeting November 4, 1993 A regular meeting of the Kodiak Island Borough Assembly was held November 4, 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 Reverend Earl Clark of the Community Baptist Church, followed by the Pledge of Allegiance. There were present: Jack McFarland, Alan Austerman Gordon Gould Mike Milligan Presiding John Burt Suzanne Hancock Mary Monroe comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith, Clerk Linda Freed, Community Development Director Judi Nielsen, Deputy Clerk APPROVAL OF AGENDA AND CONSENT AGENDA GOULD, seconded by MONROE Clerk Smith read the "Consent Agenda ". GOULD, seconded by MILLIGAN Regular Assembly Meeting November 4,1993 moved to approve agenda and consent agenda. items for consideration under moved to amend the agenda by adding to 12. New Business, C. Resolutions, No. 3 Resolution No. 93 -37 Supporting the Acquisition of the Seal Bay and Tonki Cape Land by the Exxon Valdez Settlement Trustee Council and by adding to 12. New Business, E. Other Items, No. 6 Contract No. 93 -59 Removal and Inspection of Underground Storage Tank System (UST) at REGULAR MEETING ROLL CALL APPROVAL OF AGENDA AND CONSENT AGENDA Volume XVII Page 116 VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED VOTE ON MOTION TO APPROVE Ayes: Noes: MOTION CARRIED APPROVAL OP MINUTES A. GOULD, seconded by MONROE VOTE ON MOTION TO APPROVE Ayes: Noes: MOTION CARRIED AWARDS AND PRESENTATIONS A. Proclamation 1 fi the Kodiak Island Borough Building. Austerman, Burt, Gould, Hancock, Milligan, Monroe, McFarland None Unanimous Burt, Gould, Hancock, Milligan, Monroe, Austerman, McFarland None Unanimous K.I.B. Assembly Meetings of October 7 and 21, 1993. moved to approve the minutes of October 7 and 21, 1993. Gould, Hancock, Milligan, Monroe, Austerman, Burt, McFarland None Unanimous Mayor Jerome Selby proclaimed November 7 - 13, 1993 Key Club Week, urging all citizens to render support to the members of Key Club as they provide service to the community. He presented the proclamation to Key Club members, David Barber and Lee Walters. APPROVAL OF MINUTES AWARDS AND PRESENTATIONS PROCLAMATION Regular Assembly Meeting Volume XVII November 4,1993 Page 117 1 Mayor Selby recognized John Witteveen, Superintendent RECOGNITION of Schools, Kodiak Island Borough School District, for being honored as the 1994 Alaska Superintendent of the Year. Superintendent Witteveen appreciated the support of Mayor Selby and the Assembly. CITIZENS' COMMENTS A. Agenda and Consent Agenda Items Not Scheduled For Public Hearing None. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS Jody Hodciins, Planning and Zoning Commissioner, appreciated discussion at the recent Assembly/ Commission joint work session. She was available to answer questions. PUBLIC HEARING All ordinances and resolutions presented at this meeting were introduced by title only and copies made available to the public. A. Ordinance No. 93 -63 Repealing and Re- enacting ORDINANCE Kodiak Island Borough Code Chapter 17.26 Mobile NO. 93 -63 Home Parks. Presented for consideration was Ordinance No. 93 -63 which, if adopted, amended Kodiak Island Borough Code to simplify regulations applicable to mobile home parks and ensure consistency with other sections of Title 17 in that mobile home parks were developed and maintained to provide a safe, sanitary, affordable housing option for Kodiak Island Borough residents. GOULD, seconded by MONROE moved to adopt Ordinance No. 93 -63. Mayor Selby deferred to Linda Freed, Community Development Department Director, for a staff report. Director Freed identified that revision of mobile home park regulations was considered by the Planning and Zoning Commission intermittently since 1987. She explained that the legality of the amortization section of the code was the most controversial and Regular Assembly Meeting November 4,1993 CITIZENS' COMMENTS COMMITTEE REPORTS PUBLIC HEARING Volume XVII Page 118 I was not included in the final draft. She said the goal of the Commission was to simplify regulations and ensure consistency within Title 17. She noted that the two major differences between the current regulations and the new regulations was where mobile homes could be located and the definition of a mobile home. She said the changes conformed with federal guidelines. At questions raised by Assemblymember Gould, Director Freed stated that section 17.26.190A authorized the City of Kodiak and the City of Port Lions to regulate the placement of mobile homes on individual lots within their corporate limits. Director Freed deferred to Jody Hodgins, Planning and Zoning Commissioner, to answer questions regarding the 50 percent screening requirement surrounding all new mobile home parks. She reported that the Commission felt the intense use of property in mobile home parks warranted the need for screening and explained that trees and shrubbery met the requirement. She explained the definition of a mobile home park was ten or more mobile homes. Presiding Officer McFarland opened the public hearing. Dell Jackson, owner of Jackson's Mobile Home Park, objected because he felt he had not received adequate notice of the public hearing. He asked for an additional 30 days to study and understand the affect of the ordinance. He informed the Assembly that he was unable to attend Commission meetings when the ordinance was discussed. At Presiding Officer McFarland's question, Clerk Smith reported that public hearing notices were mailed on rezone issues but not on code revisions. She noted, however, that the ordinance was published in the newspaper as part of the agenda prior to first reading and public hearing and also as a notice of public hearing. Tony Perez, owner of Alaska Pacific Trailer Court, attended one Commission work session but contended that additional scheduled meetings were not held. He did not clearly understand the impact of the ordinance. He informed the Assembly that mobile homes moved to Alaska met state manufacturing requirements referred to as the "Alaska pack ". He felt 50 percent screening was unnecessary and caused additional expense to park owners. He contended that affordable housing was needed in Kodiak. Regular Assembly Meeting Volume XVII November 4,1993 Page 119 Jody Hodains, Planning and Zoning Commissioner, referred to letters in the Assembly's packet regarding Commission meetings. She reported that she personally contacted Mr. Jackson prior to the last Commission meeting and understood he was unable to attend but had a representative present. Presiding Officer McFarland closed the public hearing and reconvened the regular meeting. Assemblymember Austerman agreed with Mr. Perez that 50 percent screening was unnecessary. Assemblymember Gould felt that the Commission's recommendation was well thought -out. He agreed with the screening requirements because he knew of instances where R -3 lots abutted RR -1 lots, losing the rural setting. He felt the issue of storage and playground areas were important. He thought the Alaska pack requirement for mobile homes was a building code requirement. Assemblymember Burt felt that granting an additional 30 days would not create a problem. Assemblymember Monroe agreed with the comments of Assemblymember Gould and felt the playground requirements were modest. Assemblymember Hancock was but, as a courtesy, saw no additional time so that Mr attorney. HANCOCK seconded by BURT Regular Assembly Meeting November 4,1993 5 pleased with the ordinance problem with allowing . Jackson could consult his moved to postpone Ordinance No. 93 -63 to the November 18, 1993 regular Assembly meeting. Assemblymember Milligan was in a quandary because he felt it was important to support Commission decisions but also agreed with Mr. Perez that affordable housing was needed. Presiding Officer McFarland was not opposed to postponing but stressed his support of the ordinance. He felt the amortization clause was not included in the ordinance because mobile home park owners participated in discussion. Volume XVII Page 120 I VOTE ON MOTION TO POSTPONE Ayes: Hancock, Milligan, Austerman, Burt Noes: Monroe, Gould, McFarland MOTION CARRIED 4 Ayes, 3 Noes B. Ordinance No. 93 -64 Amending Kodiak Island ORDINANCE Borough Code Title 16 Subdivisions Relating to NO. 93 -64 the Waiver Procedure. Presented for consideration was Ordinance No. 93 -64 which, if adopted, amended Kodiak Island Borough Code Title 16 Subdivisions to make the waiver procedure responsive to the needs of property owners within the Borough. MONROE, moved to adopt ' seconded by GOULD Ordinance No. 93 -64. Mayor Selby deferred to Linda Freed, Community Development Department Director, for a staff report. Director Freed explained that changes dealt with water and sewer concerns, zoning compliance and waivers from subdivision regulations. She reported that the Borough Assessor was concerned that certain waivers of subdivision lost Borough property tax revenue, particularly on Native corporation transfers. She said concern was expressed that tracts of land were transferred without benefit of survey, resulting in property acquired without established property corners and boundaries. She noted that surveying in remote areas was expensive due to the fact that the Borough of Land Management (BLM) had not completed federal monumentation in many remote areas and BLM was reluctant to record those monuments already set. Presiding Officer McFarland called for public testimony; hearing and seeing none, he reconvened the regular meeting. Director Freed responded to questions raised by Assemblymember Milligan in that recorded BLM monuments reduced survey costs in remote areas. At questions raised by Assemblymember Burt, Director Freed stated that the regulations did not increase survey costs but added a section that required property taxes be paid. Regular Assembly Meeting Volume XVII November 4,1993 Page 121 Ayes: Noes: VOTE ON MOTION TO ADOPT 6 1 Milligan, Monroe, Austerman, Burt, Gould, Hancock, McFarland None MOTION CARRIED Unanimous After a ten minute recess at 8:30 p.m., Presiding Officer McFarland reconvened the regular meeting. MESSAGES PROM THE BOROUGH MAYOR Mayor Selby traveled to Washington, D.C. to attend the Outer Continental Shelf (OCS) Policy Council meeting where oil and gas issues were discussed. He said the Council's recommended legislation to provide revenue sharing to impacted areas of future OCS sales was good news. He said the Department of Energy outlined the new oil and gas policy portion of the overall energy policy for the United States but the Council felt there was a flaw in the oil and gas policy because it did not embrace the Arctic National Wildlife Refuge. Mayor Selby reported that Lease Sale 149 was in the internal review process and anticipated January, 1994 as the earliest date to receive the environmental impact statement. He said there was interest in the tri- borough position paper. He spoke with Bob Armstrong, Assistant Secretary of the Interior for Land and Minerals Management, to assure him that discussion on the paper would continue at a scheduled meeting of the three boroughs (Kodiak Island Borough, Kenai Peninsula Borough and Lake & Peninsula Borough) during the Alaska Municipal League conference. While in Washington, D.C., he discussed a wide range of issues with John Katz, Governor Hickel's representative in Washington D.C.; Robert Armstrong, Department of the Interior; John Bullard, National Oceanic and Atmospheric Administration (NOAA) representative; Senator Murkowski; Senator Stevens and Representative Young. He also met with Doug Hall, Assistant Secretary of Commerce for NOAA, and Rollie Schmitten, NOAA Marine Fisheries Service Director, to discuss onshore /offshore allocation issues and the NOAA facility. He noted that Secretary Hall understood the concern coastal communities had in stabilizing fisheries. He said the $500,000 that Senator Stevens placed in the budget was signed into law and would cover the cost Regular Assembly Meeting November 4,1993 MESSAGES FROM MAYOR Volume XVII Page 122 7 1 of design work for the NOAA facility. Mayor Selby reported there was a request for a $7 million appropriation from Exxon Valdez settlement funds but anticipated problems in securing the funds because of the bricks and mortar definition. He indicated that discussion on the NOAA facility would be incorporated into discussion on the acquisition of Shuyak Island and Raspberry Island. He said the artifact repository was also being held up by the bricks and mortar definition. He reported that Charlie Cole, Attorney General for the State of Alaska, and George Frampton, Assistant Secretary of the Department of the Interior, Fish and Wildlife Division, were supportive of the NOAA facility and artifact repository. He met with Governor Hickel and other mayors for discussion on municipal assistance and revenue sharing. He said that Governor Hickel indicated he directed Shelby Stastny, State Office of Management and Budget director, to hold the line on municipal assistance and revenue sharing for the next year. Governor Hickel understood concerns about unfunded mandates. He noted that the senior citizens program was mandated and reimbursed by the state at ten percent. He said discussion also included the need for basic water and sewer systems. He said Governor Hickel expressed the need for healthy communities. Mayor Selby also met with Idaho Senator Dirk Kempthorne to discuss unfunded federal mandates. At Presiding Officer McFarland's question, Mayor Selby reported that Governor Hickel was informed of the fact that the hospital bond proposition passed by a 71 percent margin and the final draft of the Prochaska and Associates study was forwarded to the Governor with a plan for phasing the remodel of the hospital along with a request for $4 million. At questions raised by Assemblymember Milligan, Mayor Selby stated that Brad Gilman, Borough lobbyist, was very involved in the OCS hearings. OLD BUSINESS A. Installation of Newly- Elected Assemblymember. Clerk Smith administered the oath -of- office to Assemblymember McFarland. OLD BUSINESS ASSEMBLYMEMBER INSTALLATION Regular Assembly Meeting Volume XVII November 4,1993 Page 123 NEW BUSINESS A. Reorganization of the Kodiak Island Assembly. Election of presiding officer and deputy Officer. Nominations for presiding MONROE, seconded by GOULD BURT, seconded by HANCOCK MILLIGAN, seconded by GOULD MILLIGAN, seconded by GOULD MONROE, seconded by MILLIGAN MILLIGAN, seconded by GOULD Regular Assembly Meeting November 4,1993 1 Borough presiding officer were opened. moved to nominate Jack McFarland as presiding officer of the Assembly. moved to nominate Alan Austerman as presiding officer of the Assembly. moved that nominations for presiding officer be closed. VOTE ON MOTION to close nominations was unanimously favorable. After calculation of secret ballots, declaring one illegible, Clerk Smith announced that a majority vote of 4 -2 elected Assemblymember McFarland as Presiding Officer of the Assembly. Nominations for deputy presiding officer were opened. moved to nominate Alan Austerman as deputy presiding officer of the Assembly. moved to nominate Gordon Gould as deputy presiding officer of the Assembly. moved that nominations for deputy presiding officer be closed. VOTE ON MOTION to close nominations was unanimously favorable. After calculation of secret ballots, Clerk Smith announced that a majority vote of 5 -2 elected NEW BUSINESS REORGANIZATION OF ASSEMBLY ELECTION OF PRESIDING OFFICER ELECTION OF DEPUTY PRESIDING OFFICER Volume XVII Page 124 11 ' 5 Assemblymember Austerman as Deputy Presiding Officer of the Assembly. Presiding Officer McFarland appreciated Assembly support extended to he and the Deputy Presiding Officer. He hoped to maintain a direction that was representative of the Assembly. Assemblymember Milligan thanked Assemblymember Gould for serving as Deputy Presiding Officer for the past year. B. BID AWARDS BID AWARDS None. C. RESOLUTIONS RESOLUTIONS 1. Resolution No. 93 -35 A Resolution for the RESOLUTION Alaska Municipal League Urging the State of NO. 93 -35 Alaska Legislature to Refinance Electric Cooperatives. Presented for consideration was Resolution No. 93 -35 which, if adopted, urged the Alaska Municipal League to urge the Alaska State Legislature to examine the refinancing of all power projects in the State of Alaska. MILLIGAN, moved to adopt seconded by AUSTERMAN Resolution No. 93 -35. Mayor Selby deferred to Assemblymember Milligan, who introduced the resolution. Assemblymember Milligan reported on discussion with Kodiak Electric Association (KEA) board members and Dave Nease, KEA general manager, since early fall. He said that Senator Zharoff suggested submitting a resolution to the Alaska Municipal League if there was an intent to refinance the electric cooperative. He said the resolution addressed local Alaska power projects that were financed during the 1970's and 1980's at high interest rates. He felt that refinancing at a lower interest rate encouraged economic development. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Monroe, Austerman, Burt, Gould, Hancock, Milligan, McFarland Noes: None Regular Assembly Meeting Volume XVII November 4,1993 Page 125 1 4 6 MOTION CARRIED Unanimous 2. Resolution No. 93 -36 A Resolution for the Alaska Municipal League Urging the State of Alaska Legislature to Nominate Joe Vogler to the Mining Hall of Fame. Presented for consideration was Resolution No. 93 -36 which, if adopted, urged the Alaska Municipal League, the State of Alaska Legislature, and the Governor of Alaska to petition the admission of Joe Vogler to the Mining Hall of Fame. VOTE ON MOTION TO ADOPT MILLIGAN, moved to adopt seconded by AUSTERMAN Resolution No. 93 -36. Mayor Selby deferred to Assemblymember Milligan, who introduced the resolution. Assemblymember Milligan explained that the Mining Hall of Fame was a new facility located in Leadville, Colorado. He felt it was appropriate to nominate Mr. Vogler because he was significant to Alaska mining. There was no discussion by the Assembly. RESOLUTION NO. 93 -36 Ayes: Austerman, Burt, Gould, Hancock, Milligan, Monroe, McFarland Noes: None MOTION CARRIED Unanimous 3. Resolution No. 93 -37 A Resolution in RESOLUTION Support of the Acquisition of the Seal Bay NO. 93 - 37 and Tonki Cape Land by the Exxon Valdez Settlement Trustee Council. Presented for consideration was Resolution No. 93 -37 which, if adopted, supported the acquisition by the Exxon Valdez Settlement Trustee Council of the Seal Bay and Tonki Cape land located on Afognak Island and supported the approval of the acquisition by the State of Alaska Legislature Budget and Audit Committee. Mayor Selby reported that the Legislative Budget and Audit Committee would meet on November 5, 1993 and consideration of the acquisition was before them. He said the Exxon Valdez Trustee Council approved the project and appropriated funds but because the land was intended to become state -owned land, it was before the legislature as an acquisition. He said Regular Assembly Meeting Volume XVII November 4,1993 Page 126 because it was erroneously rumored that people in Kodiak did not support the acquisition, the resolution set the record straight. Assemblymember Milligan felt it was complicated to deal with the Trustee Council and appreciated Mayor Selby for his dedication in monitoring the Council. Assemblymember Hancock thanked Mayor Selby. She felt it was important to do whatever necessary to make the Council realize that the project was important to the community. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Unanimous D. ORDINANCES FOR INTRODUCTION Regular Assembly Meeting November 4,1993 Burt, Gould, Hancock, Milligan, Monroe, Austerman, McFarland None 1. Ordinance No. 93 -65 Providing for the Issuance of General Obligation Bonds of the Kodiak Island Borough in the Aggregate Principal Amount of $19,200,000 to Pay the Costs of Hospital and School Capital Improvements in the Borough, Fixing Certain Details of Such Bonds, Providing for the Form and Manner of Their Sale, and Pledging the Full Faith and Credit of the Borough to the Payment Thereof. Presented in first reading was Ordinance No. 93 -65 which, if adopted, authorized the issuance and sale of $19,200,000 of general obligation bonds to be sold to provide funds to pay a portion of the capital costs of the school projects and hospital project, pay the cost of issuance of the bonds, the bond insurance premium, and fix certain details of the bonds. This item was advanced to public hearing on November 18, 1993 under "Consent Agenda ". 2. Ordinance No. 93 -66 Amending Kodiak Island Borough Code Chapter 17.13 C -- Conservation Zoning District, Chapter 17.06 Definitions, and Chapter 17.67 Conditional Use Permits. ORDINANCES FOR INTRODUCTION ORDINANCE NO. 93 -65 ORDINANCE NO. 93 -66 Volume XVII Page 127 Presented in first reading was Ordinance No. 93 -66 which, if adopted, amended Kodiak Island Borough Code to balance density of development, resource protection and economic development. MILLIGAN, moved to advance seconded by MONROE Ordinance No. 93 -66 to public hearing on November 18, 1993. Mayor Selby deferred to Linda Freed, Community Development Department Director, for a staff report. Director Freed addressed both Ordinance No. 93 -66 and Ordinance No. 93 -67. She reported that the Assembly directed staff to work with the Planning and Zoning Commission to develop revisions to the conservation district and rural development district. She said the request was the result of the number of rural development rezone requests in remote areas. She said this fourth draft presented by the Commission was developed after intense input by individuals and organizations in the community. She summarized the extensive changes to the conservation district were generally less restrictive than the provisions in the current rural development district. She noted that the Borough attorney reviewed the regulations and recommended minor word changes. She used maps in the chambers to show the conservation and development areas designated in the Coastal Management Plan. At questions raised by Assemblymember Austerman, Director Freed indicated that once the Jon Isaacs and Associates study of the Comprehensive Plan was completed, changes to the subdivision and zoning codes were anticipated. Director Freed clarified that all rural development rezone requests had been forwarded to the Assembly. Assemblymember Gould felt the missing link of information needed to make a rational decision was the Jon Isaacs study. VOTE ON MOTION TO ADVANCE Ayes: Noes: None Gould, Hancock, Milligan, Monroe, Austerman, Burt, McFarland MOTION CARRIED Unanimous Regular Assembly Meeting Volume XVII November 4,1993 Page 128 . 0 5 1 3. Ordinance No. 93 -67 Amending Kodiak Island ORDINANCE Borough Code Chapter 17.14 Rural NO. 93 -67 Development District. Presented in first reading was Ordinance No. 93 - 67 which, if adopted, amended Kodiak Island Borough Code to balance density of development, resource protection and economic development. GOULD, seconded by MONROE There was no discussion by the Assembly. AUSTERMAN, seconded by GOULD Noes: MOTION CARRIED Unanimous moved to advance Ordinance No. 93 -67 to public hearing on November 18, 1993. moved to postpone Ordinance No. 93 -67 to 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. Mayor Selby felt it was a catch 22 because it was beneficial if rural development zoning was defined for incorporation into the study, but if postponed until completion of the study, rural development zoning would need to be defined to comply with the study. Assemblymember Gould wanted the ordinance advanced to public hearing but reiterated he was not in favor of adoption until completion of the Jon Isaacs and Associates study. MOTION TO POSTPONE WITHDRAWN concurrence of second VOTE ON MOTION TO ADVANCE Ayes: Hancock, Milligan, Monroe, Austerman, Burt, Gould, McFarland None Regular Assembly Meeting Volume XVII November 4,1993 Page 129 6 4. Ordinance No. 93 -68 Rezoning Land in the ORDINANCE Port Lions Watershed From C - - Conservation NO. 93 -68 To W -- Watershed. (Sections 11 and 12, of ,D, R23W, and S -1/4 Section 34 and S -1/4 Section 35 of T26S, R23W, Seward Meridian Total 1,600 Acres) Presented in first reading was Ordinance No. 93 -68 which, if adopted, rezoned land in the Port Lions watershed to protect and regulate the municipal water supply and prohibit all other land uses not compatible with maintenance of the watershed. This item was advanced to public hearing on November 18, 1993 under "Consent Agenda ". 5. Ordinance No. 93 -10D Amending Ordinance No. ORDINANCE 93 -10 Fiscal Year 1994 Budget to Accept a NO. 93 -10D $350,000 Grant from the State of Alaska Department of Health and Social Services, Division of Administrative Services, for Building Renovation of the Mental Health Center Community Support Services Facility. Presented in first reading was Ordinance No. 93 -10D which, if adopted, accepted State of Alaska, Department of Health and Social Services, funds to provide Mental Health Center facilities renovation. This item was advanced to public hearing on November 18, 1993 under "Consent Agenda ". D. OTHER ITEMS OTHER ITEMS 1. Contract No. 93 -57 Counseling and Related CONTRACT Services for the Kodiak Island Borough NO. 93 -57 School District Special Education Program. (KIBSD Memorandum of Agreement No. 934 -06) AUSTERMAN, moved to approve seconded by MILLIGAN Contract No. 93 -57 Memorandum of Agreement No. 934 -06 between the Kodiak Island Borough Mental Health Center and the Kodiak Island Borough School District in an amount not to exceed $31,185. Mayor Selby explained this was a housekeeping measure that provided continuation of Mental Health Center services for 18 weeks. Regular Assembly Meeting volume xvii November 4,1993 Page 130 1 AUSTERMAN, seconded by MILLIGAN There was no discussion by the Assembly VOTE ON MOTION TO APPROVE Ayes: Noes: None MOTION CARRIED Unanimous Milligan, Monroe, Austerman, Burt, Gould, Hancock, McFarland 2. Vacation of Widgeon Circle Located Within Proposed Lots 25A -1 and 25B -1, Russian Creek Alaska Subdivision. (891, 906, 935 and 950 Widgeon Circle) moved to approve the vacation of Widgeon Circle located within proposed lots 25A -1 and 25B -1, Russian Creek Alaska Subdivision. Mayor Selby deferred to Linda Freed, Community Development Department Director. Director Freed explained the reason for the vacation was because there were wetlands on the property. She said the vacation allowed the property owners to use a portion of the property. VOTE ON MOTION TO APPROVE Ayes: Noes: None MOTION CARRIED Unanimous MONROE, seconded by MILLIGAN Monroe, Austerman, Burt, Gould, Hancock, Milligan, McFarland Mental Health Center Advisory Board Member MHCAB MEMBER Resignation. RESIGNATION moved to accept the resignation of Jeri Jensen from the Mental Health Center Advisory Board, effective December 31, 1993. VACATION OF WIDGEON CIRCLE Regular Assembly Meeting Volume XVII November 4,1993 Page 131 1 A 6 1 Assemblymember Monroe appreciated Ms. Jensen's capability in finalizing drafts of policies, recruiting board members and helping the board work as a team. VOTE ON MOTION Ayes: Noes: None MOTION CARRIED Unanimous Austerman, Burt, Gould, Hancock, Milligan, Monroe, McFarland 4. Contract No. 93 -58 Smokey's Metal Dump Debris Cleanup Project. GOULD, moved to approve seconded by MONROE Contract No. 93 -58 with Kodiak Home Repair of Kodiak, Alaska, in an amount not to exceed $56,000. Mayor Selby explained that the contract was for removal of non -metal debris. He stated that once the debris was removed, the intent was to cover the area with rock and gravel to create baseball fields and a recreation area. At questions raised by Assemblymember Milligan, Mayor Selby explained that once the debris was removed, Department of Environmental Conservation representatives would make final determination that the area was sufficiently cleared of hazardous materials. VOTE ON MOTION TO APPROVE Ayes: Noes: Burt Gould, Hancock, Milligan, Monroe, Austerman, McFarland MOTION CARRIED 6 Ayes, 1 No CONTRACT NO. 93 -58 Regular Assembly Meeting Volume XVII November 4,1993 Page 132 5. Peterson Elementary School 95% Drawings. PETERSON ELEMENTARY GOULD, moved to approve the SCHOOL 95% seconded by MILLIGAN GDM Architects/ DRAWINGS Engineers 95% drawings for the Peterson Elementary School Remodel. Mayor Selby said the drawings were reviewed by the School Board and the Architectural Review Board and recommended for approval. He anticipated completion by summer, 1994. VOTE ON MOTION TO APPROVE Ayes: Noes: None AUSTERMAN, seconded by MILLIGAN VOTE ON MOTION TO APPROVE Ayes: Noes: MOTION CARRIED Regular Assembly Meeting November 4,1993 Gould, Hancock, Milligan, Monroe, Austerman, Burt, McFarland MOTION CARRIED Unanimous 6. Contract No. 93 -59 Removal and Inspection CONTRACT of Underground Storage Tank System (UST) at NO. 93 -59 the Kodiak Island Borough Building. moved to approve Contract No. 93 -59 to Island Environmental Services of Kodiak, Alaska in an amount not to exceed $12,906. Mayor Selby stated this was an emergency contract to determine the source of oil in the Borough building parking lot. At questions raised, Mayor Selby explained that a tank provided by the school district would be used temporarily and a contract for a permanent tank was forthcoming. Hancock, Milligan, Monroe, Austerman, Burt, Gould, McFarland None Unanimous Volume XVII Page 133 6 1 INFORMATIONAL MATERIALS (No action required) A. B. C. OTHER MINUTES OF OTHER MEETINGS 1. Kodiak Island Borough School District Regular Meeting of September 27, 1993. 2. Planning and Zoning Commission Regular Meeting of September 15, 1993. 3. Kodiak Island Hospital Advisory Board Meeting of August 25, 1993. REPORTS 1. Kodiak Island Borough October 1993 Financial Report. 2. Community Development Department September 1993 Status Report. 3. Kodiak Island Borough School District September /October 1993 Financial Report. 1. Horseshoe Lake Community Association October 1993 Newsletter. CITIZEN COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Milligan Assemblymember Burt and adopting Resolutions No welcomed newly - elected thanked the Assembly for 35 and No. 36. Assemblymember Hancock was pleased that Superintendent Witteveen's dedicated professionalism and concern for young people was recognized by the Alaska Association of Superintendents. She appreciated Key Club members for their community involvement and thanked Kodiak High School advisors Barb Wattum and Margo Carmichael. Assemblymember Monroe announced that public radio station KMXT was conducting a membership drive. She would be out of town on vacation through November 12, 1993. Assemblymember Austerman congratulated Superintendent Witteveen and welcomed newly - elected Assemblymember Burt. He thanked Assemblymember Gould for serving as Deputy Presiding Officer during the past year. He Regular Assembly Meeting November 4,1993 INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZEN COMMENTS ASSEMBLYMEMBER COMMENTS Volume XVII Page 134 15. EXECUTIVE SESSION GOULD, seconded by MONROE VOTE ON MOTION TO RECESS Ayes: asked for information on state grants for the 309 Project to study the methodology and cumulative effects of rural development zoning. Assemblymember Burt appreciated the Assembly's patience and congratulated Superintendent Witteveen. Assemblymember Gould welcomed Assemblymember Burt and congratulated Presiding Officer McFarland, Deputy Presiding Officer Austerman and Superintendent Witteveen. Presiding Officer McFarland thanked Assemblymember Gould for his support as Deputy Presiding Officer during the past year and welcomed Assemblymember Austerman to the position. He appreciated Jeri Jensen's service on the Mental Health Center Advisory Board. He valued boards and commission members. He congratulated Superintendent Witteveen for receiving such a high honor and appreciated his expertise. He announced his intention to change the Assemblymember seating assignment. Presiding Officer McFarland announced the Assembly would meet in a work session on Tuesday, November 16, 1993, at 7:30 p.m. in the borough conference room, a joint assembly /council work session on Wednesday, November 17, 1993, at noon in the borough conference room, and a regular meeting on Thursday, November 18, 1993, at 7:30 p.m. in the assembly chambers. Members of the assembly would travel to Kenai /Soldotna November 7 through 13, 1993 to attend the Alaska Municipal League conference. A. Legal Matters LEGAL MATTERS Noes: None MOTION CARRIED Unanimous 6 17 moved to recess to executive session to discuss legal matters. Milligan, Monroe, Austerman, Burt, Gould, Hancock, McFarland EXECUTIVE SESSION Regular Assembly Meeting Volume XVII November 4,1993 Page 135 Presiding Officer McFarland recessed the regular meeting to executive session at 10:08 p.m. At 10:50 p.m. Presiding Officer McFarland reconvened ADJOURNMENT the regular meeting and reported no action would be taken as a result of the executive session. GOULD, moved to adjourn. seconded by MONROE VOTE ON MOTION TO ADJOURN MOTION CARRIED Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 10:52 p.m. ATTEST: 111 4., 444. Borough Clerk Approved: 12/02/93 1 6 ! Regular Assembly Meeting Volume XVII November 4,1993 Page 136