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1994-10-06 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held October 6, 1994 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 Austerman led the Pledge of Allegiance. There were present: Alan Austerman, Presiding John Burt Gordon Gould Suzanne Hancock Mike Milligan Mary Monroe absent: Jack McFarland comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC, Clerk Steve Hobgood, Engineering \Facilities Director Bud Cassidy, Resource Management Officer Judi Nielsen, Deputy Clerk Assemblymember McFarland was on business and asked to be excused. MILLIGAN, seconded by MONROE VOTE ON MOTION TO EXCUSE MOTION CARRIED APPROVAL OF AGENDA AND CONSENT AGENDA GOULD, eeccnded 1, y %ILLIG"'T Clerk Smith read the "Consent Agenda ". Regular Assembly Meeting October 6, 1994 KODIAK ISLAND BOROUGH Regular Assembly Meeting October 6, 1994 moved to excuse Assemblymember McFarland. Unanimous voice vote moved to approve the ayyenda and witacnt agenda. items for consideration under REGULAR MEETING ROLL CALL APPROVAL OF AGENDA AND CONSENT AGENDA Volume XIX Page 55 VOTE ON MOTION TO APPROVE Ayes: Austerman, Burt, Gould, Hancock, Milligan, Monroe None n Noes: Absent: McFarland MOTION CARRIED Unanimous APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of August 18, 1994. This item was approved under "Consent Agenda ". AWARDS AND PRESENTATIONS A. Employee of the Month Mayor Jerome Selby presented the Employee of the Month Award to Bud Cassidy, Resource Management Officer. B. Proclamation Mayor Selby proclaimed October 1994 Domestic Violence Awareness Month, urging all citizens to actively support and participate in the ongoing programs designed to reduce and eventually eliminate domestic violence as a social problem. Aileen Hediger, Kodiak Women's Resource and Crisis Center Board member, accepted the proclamation. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing Mike Waller, Island Cable TV representative, spoke to Resolution No. 94 -30. Because of questions raised by the Assembly at work session, he read an excerpt from the tower manufacturer relating that life expectancy of the tower was 20 -30 years with proper maintenance. He questioned the term of the lease in the contract and suggested that it be increased from five years to fifteen years with two -five year options. He said fifteen years was a minimum because of finance costs. Mr. Waller responded to Assemblymember Burt in that the intent was to have several antennas on the tower, and he was amicable to subletting to the Borough and Regular Assembly Meeting October 6, 1994 APPROVAL OF ;MINUTES AWARDS AND PRESENTATIONS EMPLOYEE OF THE MONTH PROCLAMATION DOMESTIC VIOLENCE AWARENESS MONTH CITIZENS' COMMENTS Volume XIX Page 56 M 9 public radio station KMXT. He said improvements would be within the confines of the fence. Deputy Presiding Officer Austerman suggested that discussion continue when the resolution was before the Assembly. Mr. Waller said he would be available. Kathy Colwell, Humane Society of Kodiak president, telephoned to speak to Ordinance No. 94 -21. She said the Society requested the Code amendment because capture and control feral animals was not addressed. She urged the Assembly to adopt the ordinance. Because Bud Cassidy, Resource Management Officer, was in the audience, Mayor Selby suggested that he speak to Resolution No. 94 -30. At questions raised by Assemblymember Hancock, Mr. Cassidy agreed that, except for the terms of the lease and the terms for voiding the contract, language in the contract was boilerplate. He added that some differences incorporated were concerns expressed early. He noted it was incumbent upon the Borough to annually inspect all leases and visit the lease site to ensure that terms of the lease were met. At concern expressed by Assemblymember Milligan, Mr. Cassidy stated that use of public property as an antennae site was not uncommon. He explained that a condition of the deed was that the land be used for public purposes to include public utilities, which Island Cable TV had proven to be. He said the Borough assessor determined the fair market value and the lease price was based on ten percent of that value. B. Items Other Than Those Appearing on the Agenda Bruce Barrett, Planning and Zoning Commissioner, reported that the Commission drafted a list of eleven capital improvement projects for fiscal years 1996 through 2000. He outlined the top five projects as: 1. Sewer Treatment Plant Upgrade and Infrastructure; 2. Service District No. 1 Water and Sewer Completion; 3. Spruce Cape Road Reconstruction, Upgrade and Walkway; 4. Selief Lane Drainage; and 5. Monashka Sewer and Water Design and Engineering. COMMITTEE REPORTS While at the Southwest Alaska Municipal League Conference (SWAMC), Assemblymember Milligan attended a valuable small business -owner seminar presented by Regular Assembly Meeting October 6, 1994 COMMITTEE REPORTS Volume XIX Page 57 A 1 n an instructor from the University of Alaska Anchorage. He understood the Kodiak Chamber of Commerce would sponsor a similar seminar and he encouraged interested persons to contact the Chamber for information. Assemblymember Burt, Planning and Zoning Commission representative, reported that the Commission reviewed the hospital conceptual drawings. PUBLIC NEARING 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. 94 -21 Amending Kodiak Island ORDINANCE Borough Code of Ordinances Chapter 6.04 Animal NO. 94 -21 Control. Presented for consideration was Ordinance No. 94 -21 that, if adopted, amended KIBC 6.04 to address feral animal control in Kodiak. GOULD, moved to adopt seconded by MILLIGAN Ordinance No. 94 -21. Mayor Selby explained that the ordinance, requested by the Humane Society of Kodiak, addressed the problem of feral animal control in the Borough. Deputy Presiding Officer Austerman called for public testimony; hearing and seeing none, he reconvened the regular meeting. Deputy Presiding Officer Austerman questioned the method of impoundment. Assemblymember Monroe understood the animal control officer caught animals at- large. She stressed the fact that there was a leash law and a need to safeguard pets. At questions raised by Assemblymember Burt, Mayor Selby stated that impoundment and disposal of animals was governed by Borough Code. Assemblymember Gould clarified that a public safety officer assisted the animal control officer when fierce animals were confronted. Regular Assembly Meeting October 6, 1994 Volume XIX Page 58 VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: McFarland MOTION CARRIED Unanimous Regular Assembly Meeting October 6, 1994 n Burt, Gould, Hancock, Milligan, Monroe, Austerman 2. Ordinance No. 94 -10D Amending Ordinance No. ORDINANCE 94 -10 Fiscal Year 1995 Budget. (Authorizing NO. 94 -10D a Transfer of Funds to Smokey's Cleanup, Project #3). Presented for consideration was Ordinance No. 94 -l0D that, if adopted, transferred $120,000 from the Land Sale Fund to Smokey's Cleanup Project. MONROE, moved to adopt seconded by GOULD Ordinance No. 94 -10D. Mayor Selby reported that clean up of the property was near completion. He said a contract would be before the Assembly in the spring for leveling, planting grass and preparing the ballfields. Assemblymember Milligan felt the public was excited about the new ballfields but conveyed parents' concerns about contamination. Mayor Selby explained that the Department of Environmental Conservation (DEC) required monitoring of test holes. He added that an impermeable layer of clay cover as a cap would slope to drain into Island Lake. Deputy Presiding Officer Austerman said it was similar to Baranof Park, also an old dump site. Assemblymember Burt was under the impression that this was the last money to be spent on Smokey's Dump and he was disturbed that it was not. Mayor Selby explained the work removed everything in order for the site to be cleaned up completely. Mayor Selby estimated an additional $300,000 was needed for clay and napping of tha site - - --- -- ---- ----' Deputy Presiding Officer Austerman opened the public hearing. Jim Crouse telephoned. He said he was involved with a similar project in North Carolina and felt sand was a better cap than clay because it was absorbent. Volume XIX Page 59 Ayes: 1 Regular Assembly Meeting October 6, 1994 Deputy Presiding Officer Austerman closed the public hearing and reconvened the regular meeting. VOTE ON MOTION TO ADOPT 9 1 Gould, Hancock, Milligan, Monroe, Burt, Austerman Noes: None Absent: McFarland MOTION CARRIED Unanimous MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby was optimistic about the Payment -In -Lieu- of -Tax Bill before the House of Representatives. He said the Bill would double the Borough's payment to approximately $800,000. He reported that the fiscal year 1995 State Highway Safety Projects list included three Kodiak projects: 1. Monashka Bay Road /Rezanof Drive "S" Curve; 2. Rezanof Drive /Fort Abercrombie Park Entrance; and 3. Otmeloi Way /Rezanof Drive East Intersection. He commended Dan Millard, Borough construction inspector, for preparing the background work. He noted that the number one Kodiak project was also number one in the state. He reported that negotiations on the sale of Shuyak Island were progressing and once the appraisals were received, there would be a meeting with the Exxon Valdez Trustee Council to finalize negotiations. He said the Peterson Elementary School remodel was near completion. He and Assemblymember Gould attended the ground- breaking ceremony for the hospital construction project. He said Brechan Enterprises was moving machinery in, and there were good ideas on saving money on the project. He said the Commit to Conserve Award yicacutcd to the Borough at SWAMC was the only award presented this year. He commended staff, especially Don Alexander, Borough environmental engineer, Bob Trousil, former Borough environmental engineer, and Steve Hobgood, Engineering /Facilities Department director, for providing an impressive recycling program. He said it was note - worthy that since 1990 2,000 tons of Volume XIX Page 60 ? °3 batteries were shipped off - Island. He encouraged the community to be involved in the program by delivering newspapers and magazines to the van located near the Kodiak Daily Mirror offices. He said it was important to recycle cardboard at a break -even cost but imperative the cardboard remain dry. At questions raised by Assemblymember Hancock, Mayor Selby said there was an incentive for canneries to place cardboard in separate containers to be collected by Kodiak Sanitation. He agreed that it was a good idea to advertise the recycling program in the Borough newspage. At Assemblymember Milligan's inquiry, Mayor Selby said the Exxon Valdez Trustee Council prepared a list of 260 small parcels nominated for acquisition and Termination Point was on the list. He noted that almost half of the parcels were outside the Borough, and he felt it was important to push a package of properties as opposed to a specific property because the Council had limited funds. OLD BUSINESS None. NEW BUSINESS A. BID AWARDS 1. Contract No. 94 -30 Strapping Wire for Kodiak Island Borough Baler Facility. MONROE, seconded by MILLIGAN Mayor Selby explained that the annual contract was for strapping wire used to bale solid waste materials at the baler facility. He said, of the three bids received, Davis Wire Corporation was the low bidder. When Deputy Presiding Officer Austerman suggested ordering more than a yearly supply. Mayor Selby said that if storage space was available, it might be possible to order larger quantities and reduce costs. Regular Assembly Meeting October 6, 1994 moved to award Contract No. 94 -30 to Davis Wire Corporation of Kent, WA in an amount not to exceed $15,822. OLD BUSINESS NEW BUSINESS BID AWARDS CONTRACT NO. 94 -30 Volume XIX Page 61 VOTE ON MOTION TO AWARD Ayes: 9 Noes: None Absent: McFarland MOTION CARRIED Unanimous Noes: None Absent: McFarland MOTION CARRIED Unanimous GOULD, seconded by MILLIGAN Regular Assembly Meeting October 6, 1994 fl 1 Hancock, Milligan, Monroe, Burt, Gould, Austerman 2. Contract No. 94 -31 Preventative Maintenance CONTRACT and Repairs on the Main Gathering Ram and NO. 94 -31 Hydraulic System of the Baler. GOULD, moved to award Contract seconded by MILLIGAN No. 94 -31 to Island Hydraulics of Kodiak in an amount not to exceed $9,080. Mayor Selby said the contract was for preventative maintenance on the main gathering ram and hydraulic system at the baler facility. He said two bids were received, and Island Hydraulics was the low bidder. He noted that the baler facility would be closed for a short time during maintenance. There was no discussion by the Assembly. VOTE ON MOTION TO AWARD Ayes: Milligan, Monroe, Burt, Gould, Hancock, Austerman 3. Contract No. 94 -32 Centralized Telephone CONTRACT System (PABX) for the Kodiak Island NO. 94 -32 Borough. moved to award Contract No. 94 -32 to PTI Communications of Soldotna, AK in an amount not to exceed $109,559.45. Volume XIX Page 62 1 Mayor Selby stated the current telephone system was 12 years old and replacement parts were difficult to obtain. He said several companies indicated an interest, but PTI Communications was the sole bidder. Assemblymember Burt regarded the system sophisticated due to fiber optics and the ability to expand. At Deputy Presiding Officer Austerman's inquiry, Mayor Selby said the main switching station would be replaced and the Borough building, Kodiak Middle School, Kodiak High School, and school district business office would tie into the system. He added there was the ability in the future to service Main Elementary School, East Elementary School, Peterson Elementary School and Northstar Elementary School. He said monies would come from the capital projects fund. VOTE ON MOTION TO AWARD Ayes: Noes: None Absent: McFarland MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 94 -28 Adopting a Capital RESOLUTION Improvement Program for Fiscal Years 1996 NO. 94 -28 Through 2000 and Establishing Capital Project Priorities. Presented for consideration was Resolution No. 94 -28 that, if adopted, established the top 24 capital project priorities for the Kodiak Island Borough for the five -year Capital Improvement Program. GOULD, moved to adopt seconded by MILLIGAN Resolution No. 94 -28. Mayor Selby said the list was similar to the list adopted by the Assembly last year. He gave a synopsis of the changes and noted that the Alaska Aerospace Development Corporation Rocket Launching Facility at $15,000,000 and Monashka /Pillar Bike Trail at $500,000 were the only new additions. Regular Assembly Meeting October 6, 1994 n Monroe, Burt, Gould, Hancock, Milligan, Austerman Volume XIX Page 63 GOULD, seconded by MONROE is 9 - Deputy Presiding Officer Austerman suggested that the Monashka Bay Water & Sewer System Designs and Service District No. 1 Water and Sewer Projects be listed prior to the Alaska Aerospace Development Corporation Rocket Launching Facility. Assemblymember Burt felt that Bells Flats Road should be moved to a higher priority. Assemblymember Gould said that because Anton Larsen Road served two villages, the Anton Larsen Bay Small Boat Launching Ramps and Road Extension Switchback Removal should be listed near Bells Flats Road. Assemblymember Milligan related that Chiniak residents were concerned about the safety of Kalsin Hill because school buses traversed it. He supported the Aerospace Facility but felt it had broad benefit to the State and should be funded by the State. Mayor Selby simplified the intent of the list in that it was a show of important community projects. Deputy Presiding Officer Austerman agreed that the Aerospace Facility was important but felt it was a lower priority. At Assemblymember Burt's query, Mayor Selby said the Kodiak State Airport Expansion /Upgrade was a five million dollar expansion for general aviation with added taxiways and tie -down areas. Assemblymember Gould felt the Assembly was loosing site of the intent of the list. He considered that the projects listed provided the community with an infrastructure for business to take place. He felt the Aerospace Facility would bring commerce to the community but felt it should be listed after the Kalsin Hill Road Relocation because the Facility would utilize the road. When Deputy Presiding Officer Austerman questioned the need to place the Chiniak Tsunami Center on the list, Mayor Selby said it was not necessary because the intent was to refurbish the Center and move the Chiniak Library into the space by spring, 1995. moved to amend Resolution No. 94 -28 by moving item number 5, Alaska Aerospace Development Corporation Rocket Launching Facility, to item Regular Assembly Meeting Volume XIX October 6, 1994 Page 64 BURT, seconded by GOULD VOTE ON MOTION TO AMEND THE AMENDMENT Ayes: Noes: None Absent: McFarland MOTION CARRIED Unanimous VOTE ON MOTION TO AMEND AS AMENDED Ayes: Noes: None Absent: McFarland MOTION CARRIED Unanimous Regular Assembly Meeting October 6, 1994 n n number 22; moving item number 7, Monashka Bay Water & Sewer System Designs, and item 8, Service District No. 1 Water and Sewer Projects, to item numbers 5 and 6, respectively; and moving item number 16, Anton Larsen Bay Small Boat Launching Ramps and Road Extension ($950,000) Switchback Removal ($8,000,000), to item number 12, and renumbering all items as necessary. moved to amend the amendment by moving item number 11, Bells Flats Road, to item number 7, and renumbering all subsequent items. Burt, Gould, Hancock, Milligan, Monroe, Austerman Gould, Hancock, Milligan, Monroe, Burt, Austerman At questions raised by Assemblymember Milligan, Mayor Selby suggested placing the Aerospace Facility after the Kalsin Hill Road Relocation. Volume XIX Page 65 MILLIGAN, seconded by GOULD VOTE ON MOTION TO AMEND Ayes: BURT, seconded by HANCOCK Regular Assembly Meeting October 6, 1994 1 - 7 1 m moved to amend Resolution No. 94 -28 by moving item number 22, Alaska Aerospace Development Corporation Rocket Launching Facility, to item number 17, following item number 16, Kalsin Hill Relocation, and renumbering all subsequent items. Hancock, Milligan, Monroe, Burt, Gould, Austerman Noes: None Absent: McFarland MOTION CARRIED Unanimous For clarification, Deputy Presiding Officer Austerman outlined the amended priority list. When Assemblymember Burt questioned item number 4, Kodiak Island Hospital Short -term Life /Health /Safety Repairs, Mayor Selby explained that repairs and upgrades to the current facility, primarily due to code violations, were needed during the phased construction of the new addition. At further questions, Mayor Selby said the intent was to secure $1.1 million from the State. He said he was dedicated to building the new hospital and determined to secure any funds available to reduce costs to the community. moved to amend Resolution No. 94 -28 by moving item number 4, Kodiak Island Hospital Short -term Life /Health/ Safety Repairs, to item number 8, and renumbering all subsequent items. Volume XIX Page 66 VOTE ON MOTION TO AMEND Ayes: Noes: Burt, Hancock, Milligan, Monroe, Gould, Austerman Absent: McFarland MOTION FAILED 2 Ayes, 4 Noes VOTE ON MOTION ADOPT AS AMENDED Ayes: Noes: None Absent: McFarland MOTION CARRIED Unanimous 1 Monroe, Burt, Gould, Hancock, Milligan, Austerman After a five minute recess at 9:05 p.m., Deputy Presiding Officer Austerman reconvened the regular meeting. 2. Resolution No. 94 -29 Adopting an RESOLUTION Alternative Allocation Method for the NO. 94 -29 Fiscal Year 1995 Shared Fisheries Business Tax Program and Certifying This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Kodiak Island Borough. Presented for consideration was Resolution No. 94 -29 that, if adopted, supported the alternative allocation method to distribute 50 percent of the funds on a per capita basis and distribute the remaining 50 percent evenly between all eligible municipalities. GOULD, moved to adopt seconded by MILLIGAN Resolution No. 94 -29. Mayor Selby said the resolution was required by the State of Alaska to adopt the distribution formula to share extra - territorial raw fish taxes. He said the effort was started several years ago to return funds collected by the State from processors, that processed outside municipal boundaries, back to communities that had fisheries impact. Regular Assembly Meeting October 6, 1994 Volume XIX Page 67 There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: McFarland MOTION CARRIED Unanimous Regular Assembly Meeting October 6, 1994 1 Burt, Gould, Hancock, Milligan, Monroe, Austerman 3. Resolution No. 94 -30 Approving a Lease of RESOLUTION Kodiak Island Borough Real Property and NO. 94 -30 setting the Term of Lease. Presented for consideration was Resolution No. 94 -30 that, if adopted, approved the lease of Borough real property to Island Cable T.V. with a term of lease not to exceed 25 years. MONROE, moved to adopt seconded by GOULD Resolution No. 94 -30. Mayor Selby said that, as requested by the Assembly, the Borough attorney incorporated changes to address public health and safety and specifying the 160 foot tower into the lease. He said the term of lease was five years with the option to renew for two additional five -year terms. He noted that the Planning and Zoning Commission recommended approval. Assemblymember Monroe was concerned that funds would not be loaned on a short term lease. At her inquiry, Mayor Selby said the Borough previously had long -term leases but a five -year lease with options to renew allowed better control and the ability for future Assembly review. He noted the tower had a life - expectancy of 25 years. Assemblymember Gould felt his concerns about public health and safety were expanded beyond his intent. He clarified his feeling that if the property was needed for a school or government administration, than was a naiad to he able to terminate the lease quickly.- - Assemblymember Hancock said a lease of less than fifteen years and the ability to terminate the lease were not bankable. She felt Assembly concerns were addressed in the lease agreement. Volume XIX Page 68 Frank Townsend telephoned. He said the Federal Communications Commission (FCC) regulated the tower. He contended that Island Cable TV was a commercial venture, not a public utility, and questioned use of public land. Mike Waller, Island Cable TV representative, said the Alaska Public Utilities Commission (APUC) determined that Island Cable TV was a public utility and the Borough attorney concurred. He added that the tower was galvanized and would last more that 25 years. At questions raised by Assemblymember Milligan, Mr. Waller said the tower manufacturer clearly defined requirements for safety and climate testing. At Assemblymember Gould's concern about high winds, Mr. Waller said the tower was designed to fold up rather than fall over. Mr. Waller compared a 160 foot tower to the towers currently on Island. Frank Townsend phoned to say he felt the Assembly should request copies of the FCC approval, licensing requirements, intended use and tower specifications. Mayor Selby said the Borough attorney reviewed the FCC documents and determined that Island Cable TV was a public utility organized and existing under the laws of the State of Alaska. MONROE, seconded by BURT Regular Assembly Meeting October 6, 1994 moved to amend Ground Lease Agreement Item 3 to set the initial term of the lease agreement at 15 years and rewording the last sentence as follows: "KIB may terminate this lease by giving to the lessee a written notice of termination at lease five years in advance of the date of termination based upon a determination by the Borough Assembly that the property is needed for school or government administrative purposes "; and adding a third sentence to read: "KIB may terminate this lease by giving to Volume XIX Page 69 R n i 1 4 lessee a written notice of termination at least six months in advance of termination based upon a determination of the Borough Assembly for any other public health and safety issues that demonstrate adverse consequences to the public ". Assemblymember Hancock suggested dividing the question by separating Item 3 Term from the rest of the amendment. MONROE, seconded by BURT moved to divide the question by separating Item 3 Term from the rest of the amendment. MOTION CARRIED Unanimous consent The motion before the Assembly was to set the initial term of the lease at 15 years. VOTE ON MOTION TO SET LEASE TERM Ayes: Hancock, Monroe, Burt, Austerman Noes: Gould, Milligan Absent: McFarland MOTION CARRIED 4 Ayes, 2 Noes The motion before the Assembly was to amend the lease language in Item 3 Term. Assemblymember Hancock opposed the amendment because she felt other clauses in the lease protected the Borough from liability. Mayor Selby explained that a deed restriction on the t defined a first -nae nrinrit far aeiura*innal and governmental administrative purposes. VOTE ON MOTION TO AMEND LEASE LANGUAGE Ayes: Milligan, Monroe, Burt, Gould Noes: Hancock, Austerman Regular Assembly Meeting October 6, 1994 Volume XIX Page 70 Absent: MOTION CARRIED 4 Ayes, 2 Noes Mayor Selby suggested an amendment to the resolution. GOULD, seconded by MILLIGAN McFarland moved to add to Ground Lease Item 4 as letter d the following language: "At the time of renewal the Borough reserves the right to request a bond or security deposit equal to the cost of removing the tower." There was no discussion by the Assembly. VOTE ON MOTION TO AMEND Ayes: Milligan, Monroe, Burt, Gould, Hancock, Austerman Noes: None Absent: McFarland MOTION CARRIED Unanimous Deputy Presiding Officer Austerman remembered when a previous Assembly took a position to not lease public property to commercial ventures. Assemblymember Gould felt there was a lack of planning and did not favor adopting the resolution. Although he understood that Island Cable TV was deemed a public utility, he said leasing public land to private enterprise should go through the bid process. Assemblymember Hancock felt the Assembly was concerned for the overall quality of life in Kodiak and community development. She said it was prudent for the Assembly to work with people willing to take business risks to spur economic development. Assemblymember Burt agreed with the comments of Assemblymember Hancock. Assemblymember Milligan did not oppose economic development but questioned public use of the property. He felt the tower was beneficial to the Regular Assembly Meeting October 6, 1994 Volume XIX Page 71 1 public as subscribers. He did not foresee the impact as permanent. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Monroe, Burt, Hancock, Milligan Noes: Gould, Austerman Absent: McFarland MOTION CARRIED 4 Ayes, 2 Noes 4. Resolution No. 94 -31 Opposing Alaska State RESOLUTION Ballot Measure No. 3 CHANGE OF CAPITOL TO NO. 94 -31 WASILLA. Presented for consideration was Resolution No. 94 -31 that, if adopted, requested the citizens of the State of Alaska to retain and preserve the Alaska State Capitol in Juneau by voting "NO" on Alaska State Ballot Measure No. 3. GOULD, moved to adopt seconded by MONROE Resolution No. 94 -31. Mayor Selby said the primary concern in moving the capitol was the estimated 3 -4 billion dollar cost that would drain State coffers. He said the second concern was that with the legislature in Anchorage, legislation could be dictated by a single interest. VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: McFarland MOTION CARRIED Unanimous Regular Assembly Meeting October 6, 1994 Burt, Gould, Hancock, Milligan, Monroe, Austerman 5. Resolution No. 94 -32 Requesting Municipal RESOLUTION Capital Project Matching Grant Funds from NO. 94 -32 the State of Alaska for Fiscal Year 1996. Presented for consideration was Resolution No. 94 -32 that, if adopted, requested $400,000 from the State of Alaska to be added to Borough matching funds of $200,000 to rehabilitate Smokey's Dump. Volume XIX Page 72 seconded by MILLIGAN VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED MONROE, moved to adopt Resolution No. 94 -32. Mayor Selby explained that the resolution was required prior to the State releasing funds. Assemblymember Gould felt it was important to complete the project and eliminate potential Borough liability. Deputy Presiding Officer Austerman felt Smokey's Dump was a prime example of what not to do with a twenty - five year lease. Assemblymember Hancock argued that without Smokey's Dump, vehicle disposal would have been a larger problem. C. ORDINANCES FOR INTRODUCTION Gould, Hancock, Milligan, Monroe, Burt, Austerman None McFarland Unanimous 1. Ordinance No. 94 -22 Rezoning Tracts A and B, Port Lions Subdivision, 1st Addition, from C -- Conservation to NU -- Natural Use Lands. (Generally locate along Port Lions River, near Settlers Cove in Kizhuyak Bay.) Presented for consideration was Ordinance No. 94 -22 that, if adopted, rezoned property for use as a greenbelt to retain natural character and provide for recreational use in accordance with the Port Lions Comprehensive Development Plan. This item was advanced to public hearing on October 20, 1994 under "Consent Agenda ". 2. Ordinance No. 94 -23 Rezoning All Borough and State Owned Land on Shuyak Island from C -- Conservation to NU -- Natural Use Lands. Presented for consideration was Ordinance No. 94 -23 that, if adopted, rezoned property in accordance with the Shuyak Island Comprehensive Plan to preserve Regular Assembly Meeting October 6, 1994 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 94 -22 ORDINANCE NO. 94 -23 Volume XIX Page 73 GOULD, seconded by MILLIGAN Ayes: Regular Assembly Meeting October 6, 1994 VOTE ON MOTION TO APPROVE Noes: None Absent: McFarland MOTION CARRIED Unanimous habitat and natural diversity, and protect and preserve recreational opportunities. This item was advanced to public hearing on October 20, 1994 under "Consent Agenda ". D. OTHER ITEMS OTHER ITEMS 1. Contract No. 94 -33 Analytical Analysis of CONTRACT Water Samples from the Kodiak Island NO. 94 -33 Borough Landfill. moved to award Contract No. 94 -33 to Commercial Testing and Engineering Company of Anchorage in an amount not to exceed $7,525. Mayor Selby said the analytical analysis was a one- time requirement by the State for recertification. Hancock, Milligan, Monroe, Burt, Gould, Austerman 2. Kodiak Island Hospital Addition and Remodel KODIAK ISLAND Conceptual Drawings. HOSPITAL CONCEPTUAL MONROE, moved to approve the DRAWINGS seconded by MILLIGAN Kodiak Island Hospital Addition and Remodel Conceptual Drawings. Mayor Selby said the Architectural Review Board examined the conceptual drawings prepared by Prochaska & Associates and recommended approval. There was no discussion by the Asseiubiy. VOTE ON MOTION TO APPROVE Ayes: Milligan, Monroe, Burt, Gould, Hancock, Austerman Volume XIX Page 74 Noes: None Absent: McFarland MOTION CARRIED Unanimous INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Planning and Zoning Commission Meeting of August 17, 1994. 2. Personnel Advisory Board Meeting of September 7, 1994. 3. KIBSD Regular Meeting of August 22 and Special Meetings of August 25 and September 6, 1994. 4. Monashka Bay Road Service District Meeting of August 26, 1994. 5. Health and Safety Committee Meeting of September 9, 1994. 6. Data Processing Steering Committee Meeting of August 19, 1994. 7. Architectural Review Board Meeting of August 23 and Work Session of September 20, 1994. B. REPORTS REPORTS 1. Kodiak Island Borough September 1994 Financial Report. 2. Community Development Department July 1994 Status Report. 3. Engineering /Facilities Department September 1994 Project Update. 4. Kodiak Island Borough School District Revenue Reports for July and August 1994. C. OTHER OTHER 1. Monashka Bay Road Service District September 16, 1994 Newsletter. CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Milligan thanked those who voted in the October 4 election. He felt Jim Fisk campaigned well and Tuck Bonney raised good issues. He said results were not final because absentee ballots had not been counted. He noted that Gary Stevens and Jim Fisk did well in the villages. Regular Assembly Meeting October 6, 1994 CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Volume XIX Page 75 1 He thanked the Filipino community for meeting at the Teen Center to discuss diverse community issues. With regard to Domestic Violence Week, he compared a cover of Ms. Magazine to the Vietnam War Memorial. Assemblymember Monroe announced the ground- breaking for the hospital addition. She was thankful that the community would have access to the new facility. Assemblymember Gould congratulated Gary Stevens, Mike Milligan, Kathy Colwell and Bernie Ballao on their successful bid for office. He thanked voters for electing him to office twice and allowing him to make decisions on their behalf. He announced that he would leave on vacation the night of the October 20 regular meeting and asked to be excused early. Assemblymember Hancock humorously said that as the last revenge, it was apropos to deny his request. Deputy Presiding Officer Austerman congratulated Assemblymember Milligan and Gary Stevens on their election to office and thanked Assemblymember Gould for his service on the Assembly. He felt that although the Assembly did not always agree, there was an effort to work through differences and remain friends. He extended congratulations to all who were elected into office. Deputy Presiding Officer Austerman announced the Assembly would meet in a work session on Thursday, October 13 at 7:30 p.m. in the borough conference room; a joint assembly /council work session on Tuesday, October 18 was rescheduled to Thursday, October 13 at 7:00 p.m., in the Borough conference room preceding the assembly's work session; and a regular meeting on Thursday, October 20 at 7:30 p.m. in the assembly chambers. EXECUTIVE SESSION MILLIGAN, seconded by GOULD moved to recess to executive session for a personnel evaluation. VOTE ON MOTION TO RECESS MOTION CARRIED Unanimous voice vote At 10:35 p.m. the Assembly recessed into executive session. At 11:10 p.m. Deputy Presiding Officer Austerman reconvened the regular meeting. EXECUTIVE SESSION VOTE ON MOTION TO ADJOURN MOTION CARRIED ATTEST: orough Clerk Approved: 12/01/94 Regular Assembly Meeting October 6, 1994 MILLIGAN, moved to adjourn. ADJOURNMENT seconded by GOULD Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 11:12 p.m. Presiding officer Volume XIX Page 77