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1996-01-18 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held January 18, 1996 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 Ned Ortiz, pastor of the Hispanic Outpost at the Salvation Army, followed by the Pledge of Allegiance. There were present: Gary Stevens, Presiding John Burt Robin Heinrichs Jack McFarland comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC, Clerk Judi Nielsen, Deputy Clerk Linda Freed, Community Development Director APPROVAL OF AGENDA McFARLAND, moved to approve the seconded by HEINRICHS agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote APPROVAL OF NINUTES A. Kodiak Island Borough Assembly Meetings of December 21, 1995 and January 4, 1996. HEINRICHS, seconded by MILLIGAN VOTE ON MOTION TO APPROVE Regular Assembly Meeting January 18, 1996 =ODIAN ISLAND BOROUGH Regular Assembly Meeting January 18, 1996 Suzanne Hancock Bob Johnson Mike Milligan moved to approve the minutes of December 21, 1995 and January 4, 1996. MOTION CARRIED Unanimous voice vote REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Volume XXI Page I I AWARDS AND PRESENTATIONS A. Student of the Month STUDENT OF THE MONTH Mayor Selby presented the Student of the Month Award to Nino Fiorentino, a senior at Kodiak High School. B. Employee of the Year EMPLOYEE OF THE YEAR Mayor Selby presented the Employee of the Year Award to Vivian Brumbaugh, cashier in the Finance Department. CITIZENS' COMMENTS CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing None. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS COMMITTEE REPORTS Darlene Turner, Planning and Zoning Commissioner, reported that the Commission reviewed fishing gear storage on non -owner occupied lots. She said the Commission would review the code to determine if revisions were needed. Assemblymember Milligan attended the Southwest Alaska Municipal Conference (SWAMC) in Anchorage. He reported on discussion on the increasingly serious sea lion issue. He felt people had formed solid opinions about tourism and there was discomfort with the increased sport fishing rights. He understood that commercial fishing groups were drafting a policy to protect their rights. Assemblymember Hancock also attended SWAMC. She reported that Brian Rogers, Long -Range Fiscal Planning Commission representative, met with Dave Rose to address fiscal planning and it was noted that the plan was integrated and, if any component was removed, it did not work. She noted that part of the plan was to attach the Permanent Fund Dividend (PFD). She said Mr. Rose brought information on capping the PFD to ensure funds were there for future shortfalls. Regular Assembly Meeting January 18, 1996 AWARDS AND PRESENTATIONS Volume IX! Page 12 BOARD OF ADJUSTMENT Presiding Officer Stevens recessed the regular ADJUSTMENT meeting and convened the Board of Adjustment. A. An Appeal of the Planning and Zoning Commission's decision on a Conditional Use Permit to Permit a Rocket Launch Facility and Associated Structures to be Located on Approximately 3,077 Acres of Land at Narrow Cape Near Pasagshak Bay. (Applicant: AADC) (Appellant: Mike Sirofchuck and Stacy Studebaker) Presiding Officer Stevens announced that 76 appeal notices were mailed. One was returned favoring the granting of the appeal; four were returned opposing the granting of the appeal, and all would be read into the record. He explained that the assembly, as the Board of Adjustment, was a quasi- judicial board that would decide the appeal upon the appeal record, written and oral argument, and testimony and evidence presented on the appeal. Presiding Officer Stevens read the names of those who submitted written or oral testimony before the Planning and Zoning Commission during public hearing and submitted written testimony to the Board of Adjustment as a result of the appeal notice as follows: Dick Diemer Mike Sirofchuck Dave Sadlowski Rich McIntosh Bill Burton Dave Woodruff DeWitt Fields Presiding Officer Stevens argument as follows: Regular Assembly Meeting January 18, 1996 Dale Soughers Alan Austerman John Pfeifer Mike Machulsky Mike Waller Tom Bendel Cy Hoen explained the order of oral 1. Borough staff, including P & Z representative - 10 minutes 2. Appellants (Mike Sirofchuck and Stacy Studebaker) - 10 minutes 3. Private parties Qnnosing the appeal - 10 minutes each. 4. Private parties favoring_ the appeal - 10 minutes each. 5. Appellants (Mike Sirofchuck and Stacy Studebaker) - 10 minutes. CUP FOR ROCKET LAUNCH FACILITY Volume XXI Page 13 Limp Freed, Community Development Department Director, said the Commission granted a Conditional Use Permit (CUP) to the Alaska Aerospace Development Corporation (AADC) in compliance with the code to permit a rocket launch facility. She said one condition of approval was that the permit was contingent upon the review and approval of applicable federal and state permitting agencies. Director Freed read the findings -of -fact in support of the decision as follows: the value. spirit. character and integrity of the surrounding area. The conditional use will preserve the value, spirit, character and integrity of the surrounding area to the extent that potential impacts on mammal and bird life, wetlands, down -range fisheries, and existing grazing uses are effectively mitigated. In consideration of this, AADC is in the process of drafting an Environmental Analysis (EA), has submitted an application to the Corps of Engineers for discharge of fill material into wetlands, and has filed with the State Division of Governmental Coordination an application for certification of consistency with the Alaska Coastal Management Program. Measures have also been undertaken by AADC to address the Coast Guard's concern about potential interference with radio navigation signals from their Loran Station at Narrow Cape, and to ensure public access, except for 4 -6 hour launch windows, to Twin Lakes, which is stocked with trout by ADFG. AADC has also performed soil borings, aerial mapping, and ground surveying as part of a biological assessment and baseline. Conditioning this CUP upon the review and approval of the KLC by applicable federal and state permitting agencies will assure that potential environmental concerns are addressed by those with the appropriate expertise. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. Based on the site plan, building schematics, road realignment engineering plans, and other supporting documentation, it appears that the conditional use will fulfill all other requirements of Chapter 17.13, (C- Conservation Zoning District) of the Borough Code. Regular Assembly Meeting January 18, 1996 Volume }QQ Page 14 The special district regulations for the conservation zoning district (KIBC 17.13.090) concerning impacts on the natural environment and preservation of natural features specific to vegetation coverage, drainage patterns, erosion, and water quality and flow appear to have been addressed in the siting and design of the project's structures. Further environmental review will be conducted by federal and State permitting agencies with specific expertise in these issues. 1 7.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort The launch facility will be constructed and maintained in accordance with all applicable federal, state and local requirements. The launch pad and all related support facilities will be constructed to Uniform Building Code and Uniform Fire Code standards, as well as federal and state standards that might apply to this kind of highly specialized activity. While the site's remoteness may increase costs and logistics associated with transportation of materials and components, it is also an advantage for reasons of safety and security. The area is very sparsely populated. The aerospace industry is one that has been suggested and, therefore, bound to complement existing industries in Kodiak with little negative impact. Launches can be scheduled to not interfere with fishing and crabbing south of Narrow Cape. Spent rocket stages that fall into the ocean will fall a hundred miles downrange. In response to a question at a Kodiak Audubon Society forum, an official representing AADC indicated that, in the remote possibility that an errant launch vehicle had to be destroyed closer to Narrow Cape, the solid rocket fuel would be extinguished upon entry into the water, would not melt or dilute in the water, and does not release toxic chemicals. 1 7.67.05 D. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section Even more that the twenty -five foot setbacks required by the C Conservation zoning district, the remoteness of the site, distance from any residential development, natural vegetation and topography serve to provide buffering and safeguards against conflicts arising from potential incompatibilities between the Regular Assembly Meeting January 18, 1996 Volume XXI Pegs 15 proposed development and other land uses. 17.67.05 E. Tf the permit is for a public use or structure. the commission must find that the proposed use or structure is located in a manner whi h w ill maximize public benefits. The AADC was created to develop the aerospace industry and diversify the economy in the state of Alaska. It is a public corporation of the state located within the Department of Commerce and Economic Development and affiliated with the University of Alaska. This conditional use permit will serve that public function and, therefore, subject to industry safeguards and public agency review, the Kodiak Launch Complex will maximize public benefits. Specifically, the Narrow Cape site was selected after a rigorous review of a number of alternative sites located around the state." In response to Assemblymember Johnson, Director Freed clarified that the Commission considered the launch facility a transportation facility that was permitted as a conditional use. At questions raised by Assemblymember Milligan, Director Freed said the Commission determined that access to the beach would be restricted only during the launch window when the area was secured for public safety. She added that access to the beach outside the launch window was not included in the CUP but she understood it was a requirement that the Department of Natural Resources placed on the facility. Mike Sirofchuc$ said that he and his wife, Stacy Studebaker, were the appellants in the appeal. He said the Kodiak community was diverse and the need was to address the concerns of all residents. He felt this was not a forum to discuss the pros and cons of a rocket launch facility. He was not opposed to the launch facility, nor prudent development, but wanted to ensure that environmental concerns were addressed. He contended that the CUP was the only instrument for local control of the project to maintain the integrity of the area and the Environmental Assessment (EA), prepared by AADC, should be included. He contended that access, clean- up, and funds for clean -up should be included in the CUP so that AADC was compromised to maintain the integrity of the facility. He asked the Board to grant his appeal and require that AADC reapply for the CUP with the EA included, or remand the CUP back to the Commission for review and public hearing since Regular Assembly Meeting January 18, 1996 Volume XXI Pettit 16 the draft EA was now available. It was his opinion that conditions could be placed that reflected the concerns of Kodiak residents. He said either option would not stop the project. He asked that speakers be questioned to determine what vested interest they had in the project. He wanted to protect the quality of life in Kodiak. He felt the EA, that was not available to the Commission, provided evidence that changed the circumstances. Clerk Smith read into the record the appeal hearing notice responses from DeWitt Fields, Dave Woodruff, Tom Hendel, and Cy Hoen, that opposed the appeal. John Pfeifer thought the question was whether the Commission was justified in granting the CUP. He said the AADC was not required to submit an application for the CUP but had done so voluntarily. He outlined the different governmental agencies that regulate air and water quality, safety, health and wetland powers. He was aware that the Commission's decision was based on the CUP meeting the requirements set in Borough Code and that the Commission's findings of fact clearly spelled out that the CUP met the requirements. He noted that many of the issues raised were not under the auspices of Borough powers. He was not surprised that the EA was issued after the Commission decision because he understood federal law required that the launch facility be reviewed under the same standards as current facilities. He urged the Board to deny the appeal and uphold the Commission's decision. In response to Assemblymember Burt, Mr. Pfeifer said he did not feel the Borough was at a level to control safety at a rocket launch facility. He understood AADC was on a tight schedule and delays could slow the project. Assemblymember Milligan wondered if a condition was needed to shut down the project if the environment was at risk. ,Tnhn Pfeifer thought the Borough was exercising local control with land use and the Comp Plan since other agencies do the controlling outside of the Borough's local powers and expertise. DeWitt Fieldg read his letter opposing the appeal. He felt the launch facility would put Kodiak on the leading edge to launch communication satellites as well as create jobs, increase the tax base, improve the road system, and open new recreational areas. Regular Assembly Meeting January 18, 1996 Volume XXI Page 17 Mike Machulsky, Airport Advisory Committee member, felt the problem was not with the project but with the process. He urged residents to pay attention to the process. He thought the CUP was the last step needed and urged the Board to deny the appeal. He added the agency has been responsive to the concerns of the community. Dave Sadlowski, AADC assistant director, said he felt the Commission made a well - informed decision to grant the CUP. He said AADC assisted by providing all requested information and providing testimony at Commission work sessions and public hearing. He noted that the Commission included a condition in the CUP that all federal and state permits be obtained. He explained that all federal and state permits were obtained separate to the CUP permitting process. He felt delays would not bring forth more information. In response to Assemblymember Burt, Mr. Sadlowski said the final design review was scheduled for the end of February. He felt delays indicated potential problems and put the project at risk. He added that he foresaw no problem with securing other necessary permits. In response to Assemblymember Johnson, Mr. Sadlowski said the AADC was a state agency and the state would have jurisdiction over the facility. He noted, however, that the facility would be commercially operated with private companies conducting the launches. He said launches were scheduled two to three years in advance. When Assemblymember Milligan said he could not see postponement jeopardizing the project because other areas had a higher regulatory review, Mr. Sadlowski said that, because facilities in Australia and Hawaii were not developed, the aerospace industry was skeptical of new development. Assemblymember McFarland clarified that the question was whether to grant the appeal of the Commission's decision. Clerk Smith read into the record a letter from Mika Sirofchuck, applicant, favoring the appeal. Mike Sirofchuk, applicant, contended that the EA released December 22 changed the circumstances. He did not feel there was adequate time to comment at the state level. He said it was the first rocket launch facility in Alaska and additional time to determine if appropriate action was taken was not a Regular Assembly Meeting January 18, 1996 Volume XXI Page IS mistake. He said it was clear that AADC would construct the facility, provide a skeleton staff, and contract with private companies who would bring in their own employees. He contended there was need for trained people and equipment for any needed clean -up and that road access should be included in the CUP. He contended that spent rocket stages would fall 30 to 40 feet from land and, with high winds in Kodiak, the need was to address clean -up of debris. He felt there were powerful reasons for the Board to remand the CUP back to the Commission. He said the project would not be stopped but more public input would be allowed. MILLIGAN, moved to grant the seconded by BURT appeal of Mike Sirofchuck and Stacy Studebaker of the decision of the Planning and Zoning Commission. When Assemblymember McFarland asked if the Borough would be contacted if serious concerns were raised, Director Freed said the Division of Governmental Coordination, within the Alaska Coastal Management Program, was responsible to correspond with all participants when serious issues were raised. In response to further questions, she said the EA was prepared for AADC in conjunction with the Office of Commercial Space Transportation. She said the EA would be reviewed and she understood there would be a 30 day comment period. When asked if the CUP was necessary, Director Freed read from Alaska Statute 14.40.876 that could be interpreted as indicating the CUP was not necessary. She added that the CUP had a condition that state and federal permits required for the project were issued. Assemblymember Milligan referenced a letter from the Division of Governmental Coordination to Mr. Sadlowski that recommended public review and comments on the EA. Director Freed noted that it was a suggestion and state requirements mirrored federal requirements. At further questions raised by Assemblymember Milligan, Director Freed said the commission granted the CUP with the condition that state and federal agencies review the EA and place conditions on the project as necessary. Assemblymember Burt knew the Commission discussed environmental concerns. He felt that relying on other agencies did not always work. He was not Regular Assembly Meeting January 18, 1996 %.wum. \XI Pate .9 comfortable with granting the CUP prior to completion of the EA. At further questions, Director Freed said she felt the Commission was comfortable with their decision or they would have approved the motion to reconsider. When Assemblymember Milligan hinted that the suggestion was likened to an order, Mr. Sadlowski said the Division of Governmental Coordination was involved in the process. When Assemblymember Heinrichs moved to amend the conditions of approval, Presiding Officer Stevens ruled that was not appropriate while the motion to grant the appeal was before the Board. VOTE ON MOTION TO GRANT THE APPEAL Ayes: None Noes: MOTION FAILED Unanimous HEINRICHS, seconded by BURT Assemblymember McFarland asked that the motion be divided. The motion to amend the conditions of approval to add condition number 2 to read: "This conditional use permit for the Kodiak Launch Complex Project is also Regular Assembly Meeting January 18, 1996 Burt, Hancock, Heinrichs, Johnson, McFarland, Milligan, Stevens moved to amend the conditions of approval to add condition number 2 to read: "This conditional use permit for the Kodiak Launch Complex Project is also contingent upon compliance with the various federal and state permits" and condition number 3 to read: "With the exception of the period of time during the launch window, access to abutting public lands shall be ensured." contingent upon compliance with the various federal and state permits." was before the Board. Assemblymember Heinrichs felt the condition required continued compliance with the permits and failure to comply would invalidate the CUP. Assemblymember Burt felt the amendment would solve problems. VOTE ON MOTION TO AMEND Ayes: Noes: None VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED McFARLAND, seconded by MILLIGAN VOTE ON MOTION TO POSTPONE Ayes: Regular Assembly Meeting January 18, 1996 Hancock, Heinrichs, Johnson, McFarland, Milligan, Burt, Stevens MOTION CARRIED Unanimous The motion to amend the conditions of approval by adding condition number 3 to read: "With the exception of the period of time during the launch window, access to abutting public lands shall be ensured." was before the Board. Assemblymember Heinrichs was not sure about enforcement but wanted access to public lands a condition of approval. Assemblymember Johnson contended that good faith was involved and the motion outlined the intent to maintain access to all abutting properties. Heinrichs, Johnson, McFarland, Milligan, Burt, Hancock, Stevens None Unanimous moved to postpone the findings -of -fact on the appeal to the February 1, 1996 meeting. Johnson, McFarland, Milligan, Burt, Hancock, Heinrichs, Stevens Volume XXI Page 21 Noes: None MOTION CARRIED Unanimous Presiding Officer Stevens announced that any person aggrieved by a final decision of the Board of Adjustment under this chapter may appeal that decision to the superior court; an appeal to superior court shall be heard solely on the record before the Board of Adjustment and the appeal procedure shall be governed by the rules set forth in part six of the Rules of Appellate Procedure of the State of Alaska. Presiding Officer Stevens adjourned the Board of Adjustment and reconvened the regular meeting. After a ten minute recess at 9:50 p.m., Presiding Officer Stevens reconvened the regular meeting. PUBLIC REARING All ordinances and resolutions presented at this meeting were introduced by title only and copies made available to the public. A. Ordinance No. 96 -01 Amending Kodiak Island ORDINANCE Borough Code of Ordinances Title 17 ZONING by NO. 96 -01 Adding SRO -- Single Resident Occupancy Development Standards. Presented for consideration was Ordinance No. 96 -01 that, if adopted, added single resident occupancy development standards to provide an alternate housing option. JOHNSON, moved to adopt seconded by HEINRICHS Ordinance No. 96 -01. At the request of Mayor Selby, Director Freed explained that the ordinance would allow residential structures with a minimum 11 unit hotel /motel arrangement. In response to Assemblymember Johnson, Director Freed outlined that the code currently allowed boarding houses with no more that five sleeping rooms housing 3 to 15 people. She noted this ordinance did not impact current regulations. Presiding Officer Stevens opened the public hearing. John Zbitnoff, contractor, said he was seeking property to build this type of housing. He felt there was a need in the community. Regular Assembly Meeting January 18, 1996 PUBLIC HEARING Volume ?OU Page 22 Presiding Officer Stevens closed the public hearing and reconvened the regular meeting. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: McFarland, Milligan, Burt, Hancock, Heinrichs, Johnson, Stevens Noes: None MOTION CARRIED Unanimous B. Resolution No. 96 -03 Authorizing the Mayor to RESOLUTION Negotiate the Acquisition of the MarkAir NO. 96 -03 Terminal Building. Presented for consideration was Resolution No. 96 -03 that, if adopted, authorized the mayor to negotiate with the bankruptcy court and the Alaska Industrial Development and export Authority (AIDA) for the acquisition of the MarkAir terminal building and lease of the lot where the terminal is located. JOHNSON, moved to adopt seconded by HEINRICHS Resolution No. 96 -03. Mayor Selby said the economic analysis determined that lease payments would maintain the building at no cost to the Borough. He said it was significant that the airline industry supported the Borough's acquisition of the property. Assemblymember Burt commented that a private entity should acquire and maintain the building. In response to questions from the Assembly, Mayor Selby said that AIDA did not want the building, and once bankruptcy proceedings were complete, the building would be free from all encumbrances. Presiding Officer Stevens opened the public hearing. Wayne Stevens, Airport Advisory Committee chair, said that although the Committee reviewed and identified six concerns, they recommended the Assembly pursue acquisition of the building. He said that without a terminal it was unlikely that other air carriers would come to Kodiak. Regular Assembly Meeting January 18, 1996 Volume XXI Page 23 In response to Assemblymember McFarland, Mr. Stevens said the Kenai Peninsula Borough, Dutch Harbor, and the city and Borough of Juneau successfully operated their airports. He noted that the Juneau terminal was a showcase for the community. At Assemblymember Milligan's inquiry, Mr. Stevens said that Alaska Airlines was not interested in the building nor in selling their building. He noted that Alaska Airlines was willing to allow the buildings to be connected. When Assemblymember Milligan asked if any communities similar in size had privately owned terminals, Mr. Stevens said Alaska Airlines owned their terminals. Orin Seybert, Peninsula Airways president, urged the Assembly to purchase the terminal. He felt it was in the best interest of the community and the Borough had nothing to lose because the building would be self- supporting. He thought Kodiak was the largest community in Alaska without a public facility. He said Pen Air was the largest commuter airline in Alaska and had outgrown their building at the airport. He said that if the price was lower he would buy the building but would not allow competitors to lease space. He contended that a quality terminal was needed for an airline to expand to a new area. When Assemblymember McFarland asked if Pen Air would plan flights from Anchorage to Kodiak, Mr. Seybert said it was possible. He added that his operation would require only half of the MarkAir terminal. He noted that Reno Air was an aggressive airline that might be interested. John Pfeifer pointed out that the resolution was only to start negotiations. He understood that 120 people were previously employed at the terminal and it would be worthwhile to reinstate those positions. He said passenger traffic doubled in the last ten years and a 3.5 percent annual increase was expected. In response to Assemblymember Milligan, Mr. Pfeifer said he felt the borough could recoup investments and maintain the building. He felt that negotiating for another airline carrier without an existing terminal was a waste of time. Mark Majclic phoned in his opposition. He thought a private entity could purchase the building at a lower price and at no cost to the Borough or taxpayers. Regular Assembly Meeting January 18, 1996 Volume XXI Page 24 At Assemblymember Burt's inquiry, Mr. Pfeifer said he viewed the terminal as part of the infrastructure as roads, bridges and docks were. jean Campbell phoned to say that a renovated terminal would show tourists that Kodiak residents were proud of their community. Clarence Selig phoned. At his question, Mayor Selby explained that the lot under the building was leased from the state for $5,000 annually. paul Daniel Miller phoned to say he was not opposed until he heard the comments of Mr. Seybert. He thought the building was a white elephant and the condition of the terminal had nothing to do with attracting visitors. He did not feel the building would be part of the infrastructure. Paul Conway spoke in opposition. He said Zimmerman, Inc. was seeking funds to acquire the property with the intent to put in a restaurant and conference facility. He contended that Reeve Air and Lynden Air wanted to come to Kodiak. When it was noted that Mr. Seybert said the terms of the lease restricted use, Mr. Conway said a restaurant was permitted. He knew of small business loans available through the federal government. Presiding Officer Stevens closed the public hearing and reconvened the regular meeting. Assemblymember Johnson was in favor and felt that any risks would be determined during negotiations. Assemblymember Hancock said this was similar to the NIRF building, and she felt the Borough should not be a landlord. She said the funds from the Shuyak Island sale were placed in a permanent fund, and she was concerned that those funds would be used. Assemblymember Burt agreed with the comments of Assemblymember Hancock. He thought Borough interest would increase the price. He said that although the private sector had to make a profit, that was part of the risk and the Borough should not compete with the private sector. Assemblymember Milligan agreed that it was similar to the Near Island Research Facility (NIRF) building. He wanted the public to fully understand the issue. Regular Assembly Meeting January 18, 1996 Volume XXI Page 25 Assemblymember McFarland said the Airport Advisory Committee reviewed the issue, and he felt the question was whether the Borough could afford the building. He said the first step was the negotiation process, with serious public discussion to follow. He saw positive changes for Kodiak's future and he felt the building could be part of that. At questions raised by Assemblymember McFarland, Mayor Selby said the initial funds would come from a revenue bond with the debt service on the bonds to be paid from leases. He emphasized it would be a self - contained enterprise fund. Assemblymember Johnson felt the building would add to the infrastructure and leases would cover the costs of operation. VOTE ON MOTION TO ADOPT Ayes: Johnson, Stevens Noes: Milligan, Burt, Hancock, Heinrichs, McFarland MOTION FAILED 2 Ayes, 5 Noes Assemblymember McFarland voiced his intent to file for reconsideration. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported that the Legislative Audit Committee agreed to accept the acquisition of Shuyak Island. He anticipated an additional $1 million to purchase parcels in Uyak Bay so there would be clear titles to bear refuge property. He said he forwarded that information to the Planing and Zoning Commission for review. He said information on the NIRF building would be sent to the Attorney General's office so the state would release the $3 million to the Borough. He congratulated Assemblymember McFarland for a job well done as the Southwest Alaska Municipal Conference (SWAMC) president for two years. He said the cost of travel to meetings was out - weighed by the benefits. He outlined a report from the Alaska Regular Assembly Meeting January 18, 1996 MESSAGES FROM MAYOR Volume XXI Page 26 Department of Fish and Game (ADFG) that listed additional projects critical to Kodiak and a way to fund 60 to 70 percent of those projects. OLD BUSINESS None. NEW BUSINESS A. CONTRACTS None. B. RESOLUTIONS 1. Resolution No. 96 -04 Supporting the Organization of a Town Meeting to Develop the Needs and Wants of the Residents of the Kodiak Island Borough to Aid in the Establishment of Goals and Objectives of the Assembly. Presented for consideration was Resolution No. 96 -04 that, if adopted, supported establishing an annual town meeting to allow participation of residents in the formulation of goals and objectives to develop a closer knit and happier community. HEINRICHS, moved to adopt seconded by JOHNSON Resolution No. 96 -04. Mayor Selby deferred to Assemblymember Johnson who drafted the resolution. Assemblymember Johnson said a town meeting was held in Kodiak in 1976 to find solutions to community problems. He said it resembled a brain - storming session that allowed those unable to speak publicly to submit suggestions in small groups. He felt it would create a sense of participation in government. In response to Assemblymember Burt, Mayor Selby said he expected funding to be in the upcoming budget. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Regular Assembly Meeting January 18, 1996 Burt, Hancock, Heinrichs, Johnson, McFarland, Milligan, Stevens None Unanimous OLD BUSINESS NEW BUSINESS CONTRACTS RESOLUTIONS RESOLUTION NO. 96 -04 Volume XXI Page 27 C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS McFARLAND, seconded by HEINRICHS There was no discussion by the assembly. VOTE ON MOTION TO APPOINT Ayes: Hancock, Heinrichs, Johnson, McFarland, Milligan, Burt, Stevens Noes: 1. Appointment to Service District No. 1 Board. None MOTION CARRIED Unanimous INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS 1. MIS Steering Committee Meeting of November 22, 1995. 2. Bayview Road Service District Meeting of December 17, 1995. 3. Planning & Zoning Commission Meeting of October 18, 1995. B. REPORTS 1. Engineering /Facilities Department January 1996 Project Update. C. OTHER None. CITIZENS' COMMITS None. Regular Aaaembly Meeting January 18, 1996 moved to appoint Tony Perez to a seat on the Service District No. 1 Board for a term to expire October, 1997. ORDINANCES T INTRODUCTIO. OTHER ITEMS APPOINTMENT TO SERVICE DISTRICT NO. 1 BOARD INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS Volume XXI Page 28 ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Heinrichs congratulated Vivian Brumbaugh as Employee of the Year. He said Vivian was cheerful, and he enjoyed the candy from her candy dish. He remembered, however, that she had kicked him out of his seat at a local restaurant on numerous occasions. Assemblymember Johnson said that serving on the Assembly met his expectations. At questions raised by Assemblymember McFarland, Mayor Selby said property located in Uyak Bay would be held up for public or private sale. Assemblymember McFarland felt a legal opinion may be in order. Mayor Selby said it would be referred to the Commission. He noted that tax foreclosure was different than a sale. Assemblymember McFarland asked for an update. Assemblymember McFarland sent condolences to the family of Pete Olsen. He felt Mr. Olsen was a landmark in the community and apologized in that he was at SWAMC and was unable to attend the funeral. He had heard the cultural event was a success. McFARLAND, seconded by HEINRICHS VOTE ON MOTION TO EXTEND MOTION CARRIED Unanimous voice vote Assemblymember Milligan thanked Assemblymember McFarland for an excellent job as the president of SWAMC. He felt SWAMC was a dynamic organization. Assemblymember McFarland appreciated Assemblymember Milligan's comments. He noted that many people from Kodiak attended and it was the people who contributed to the process that made SWAMC work. Assemblymember Burt appreciated Vivian Brumbaugh's pleasant demeanor and sense of humor. EXECUTIVE SESSION EXECUTIVE A. Contract Negotiation Financial Impact. SESSION McFARLAND, moved to convene into seconded by HEINRICHS executive session to discuss contract Regular Assembly Meeting January 18, 1996 moved to extend the meeting to no later than midnight. `.MVTI XI v.,. ;v negotiations having a financial impact to the Borough. Mayor Selby clarified that the Assembly failed to adopt Resolution No. 96 -03 and should reconsider the need for the executive session. VOTE ON MOTION TO CONVENE Ayes: Noes: MOTION FAILED MILLIGAN, seconded by BURT VOTE ON MOTION TO ADJOURN MOTION CARRIED There being no further business to come before the Assembly, the meeting adjourned at 12:34 p.m. ATTEST: onna F. Sm Borough Clerk Regular Assembly Meeting January 18, 1996 G , CMC ` McFarland, Milligan, Stevens Heinrichs, Johnson, Burt, Hancock 3 Ayes, 4 Noes moved to adjourn. Unanimous voice vote L. Stevens Presiding Officer ‘4wum. \X1 P.0 10