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1987-11-05 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting November 5, 1987 A regular meeting of the Kodiak Island Borough Assembly was held November 5, 1967 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:32 p.m. (A verbatim record is on file in the Clerk's office) The pledge of allegiance was led by Presiding Officer White. There were present: Lorne White, Presiding Ann Barker Jack McFarland Absent: Tom Merriman (Excused) Alan Austerman Ken Gregg Wayne Stevens comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Gaye Vaughan, Borough Clerk APPROVAL OF AGENDA MCFARLAND, seconded by AUSTERMAN WITHOUT OBJECTION, SO ORDERED STEVENS, seconded by GREGG WITHOUT OBJECTION, SO ORDERED CONSENT AGENDA moved to remove Old Harbor school site selection from the agenda. moved to approve agenda as amended. The items on the consent agenda were read aloud by the Borough Clerk. GREGG, seconded by STEVENS GREGG seconded by STEVENS VOTE ON MOTION Ayes: Noes: MOTION CARRIED APPROVAL OF MINUTES moved to remove Assembly Appointments to Boards and Commissions under Committee Reports from the consent agenda. moved to approve consent agenda as amended. Austerman, Barker, Gregg, McFarland, Stevens, White None Unanimous A. K.I.B. Assembly Regular Meeting of October 1, 1987. B. K.I.B. Assembly Regular Meeting of October 15, 1987. This item was previously approved under the "Consent Agenda." REGULAR MEETING ROLL CALL APPROVAL OF AGENDA CONSENT AGENDA APPROVAL OF MINUTES Kodiak Island Borough Regular Assembly Meeting CITIZEN'S COMMENTS CITIZEN'S COMMENTS Mayor Selby represented the Employee of the Month Award to Gaye J. Vaughan, Borough Clerk. Ed Randolph, representing the Kodiak Area Chamber of Commerce, thanked the assembly for their support in funding the trip to the fish exposition in Seattle, Washington and gave a brief summary. COMMITTEE REPORTS COMMITTEE REPORTS A. Assembly Appointments to Boards and Committees ASSEMBLY APPOINTMENT: TO BOARDS AND GREGG, moved to approve assembly COMMITTEES seconded by BARKER appointments to Boards and Committees as listed below: Architectural Review Board - Ken Gregg Hospital Advisory Board - Ann Barker Mental Health Board - Wayne Stevens Parks and Recreation Board - Tom Merriman Kodiak College - Lonnie White School Budget Review Board - Alan Austerman DP Steering Committee - Ken Gregg Kodiak Transportation System (KTS) - Alan Austerman Consolidation Committee - Jack McFarland Assemblyman Gregg commented that Jack McFarland was being appointed to the Consolidation Committee as the assembly's appointee. Since the public was so interested in Consolidation at this time, he thought the appointment should be approved publicly. MOTION CARRIED Unanimous Voice Vote PUBLIC RPARIR(_ PUBLIC HEARING A. Ordinance No. 87-31-0 Amending Chapter 17.02, Compre- ORDINANCE hensive Plan, Of The Borough Code, Repealing The Near NO. 87-31-0 Island Comprehensive Development Plan Dated February 1, 1980 And Incorporating The Near Island Comprehensive Plan Dated August 27, 1987. GREGG, seconded by STEVENS moved to adopt Ordinance No. 87-31-0. The presiding officer called for public testimony. Richard McIntosh, representing the Kodiak Audubon Society, brought up three points which the Audubon Society thought important. First point, the south end park should be larger than presently proposed. Second point, the borrow strip along the east side of the basin should not extend as far down as it does. For esthetic purposes the Society feels the borrow strip should end in the area where the current floating break water is now located. Third point related to the commercial strip along the north side of the road being much narrower than now proposed so that the buildings would not be visible from across the channel. He urged the assembly to look into these objections further. Wally Johnson, chairman of the Near Island Task Force, said the concept would be to keep the look of Near Island the same as it is today from the city. He said the intent was to keep the green belt to protect the view and not offend from the other side. He said the plan was conceptual in design and urged the assembly to pass the ordinance. Steve Rennell, representing the Planning and Zoning Commission, said the task force had worked a long time on the plan and thought it should be passed. The presiding officer closed the public hearing and reconvened the assembly. November 5, 1987 Page 2 Kodiak Island Borough Regular Assembly Meeting Mayor Selby noted that Walter Stewart, who was unable to attend PUBLIC HEARING the meeting, had called in a comment that he felt there was enough commercial area designated near the boat harbor without ORDINANCE designating additional area. NO. 87-31-0 (continued) VOTE ON MOTION TO ADOPT Ayes: Gregg, McFarland, Stevens, Austerman, Barker, White Noes: None MOTION CARRIED Unanimous MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby read a proclamation designating November 7, 1987 as Public Broadcasting Day in Kodiak and urged all citizens in Kodiak to get involved with KMXT and recognize the contributions made by public radio to the community. Mayor Selby stated that the borough had met the state of Alaska's criteria for debt retirement in the amount of $515,000 for the high school asbestos removal project and said credit should be given to John Witteveen for his efforts in getting this approval. Mayor Selby said he would be traveling to Washington, D.C. following the Alaska Municipal League meeting and had appoint- ments to meet with the Alaska delegation as well as other key members of Congress interested in fisheries. The presiding officer called for a five minute recess. The presiding officer reconvened the assembly. OLD BUSINESS OLD BUSINESS 1. Approval of Agreement for Dedication and Acceptance of, APPROVAL OF EXCESS and Reservation of Excess Capacity in, Subdivision CAPACITY AGREEMENT Sewer Improvements in Woodland Acres Fifth Addition. BARKER, move to remove from the seconded by GREGG table Excess Capacity Agreement. MOTION CARRIED Unanimous voice vote Mayor Selby said that due to the death of Mr. Hill, there had not been an opportunity to talk to the parties involved and he sug- gested the item be tabled until the January 7, 1988 meeting. MCFARLAND, moved to table the Excess seconded by BARKER Capacity Agreement until January 7, 1988 meeting. MOTION CARRIED Unanimous Voice Vote 2. Award of Contract for Hospital Site Development AWARD OF HOSPITAL SITE DEVELOPMENT BARKER, moved to remove from the CONTRACT seconded by MCFARLAND table Award of Hospital Site Development Contract. MOTION CARRIED Unanimous Voice Vote The presiding officer noted that the motion on the floor was to award to Felton Construction an amount not to exceed $424,500. November 5, 1987 Page 3 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO AWARD Ayes: Noes: MOTION CARRIED McFarland, Stevens, Austerman, Barker, Gregg, White None Unanimous 3. Ordinance No. 87-24-0 Amending Chapter 3.16, Change Orders, Mayor Authority. GREGG, moved to remove from table seconded by STEVENS Ordinance No. 87-24-0. MOTION CARRIED Unanimous Voice Vote The presiding officer noted the motion to adopt was now before the assembly. Assemblyman Gregg pointed out this was the original ordinance which had been supported by public testimony. He felt it should not hinder the process and would give the assembly a handle on large change orders. VOTE ON MOTION TO ADOPT Ayes: Noes: `—' MOTION CARRIED NEW BUSINESS Stevens, Austerman, Barker, Gregg, McFarland, White None Unanimous Reorganization of Kodiak Island Borough Assembly AUSTERMAN, seconded by MCFARLAND GREGG, seconded by BARKER MOTION CARRIED BARKER, seconded by STEVENS STEVENS seconded AUSTERMAN MOTION CARRIED moved to appoint Lorne White as presiding officer. move for unanimous consent. Unanimous Voice vote moved to appoint Ken Gregg as deputy presiding officer. move for unanimous consent. Unanimous Voice Vote As a point of clarification, Mayor Selby asked which two Assemblymembers would be designated to sign change orders as required by Ordinance 87-24-0. MCFARLAND, moved the presiding officer seconded by GREGG and deputy presiding officer be authorized to sign change orders exceeding $10,000. Assemblyman Gregg said he would like to see the motion amended so that a precedent would not be set that the presiding officer and the deputy presiding officer would sign change orders. GREGG, moved to amend motion to seconded by STEVENS designate Lorne White and Ken Gregg to sign change orders. OLD BUSINESS AWARD OF HOSPITAL SITE DEVELOPMENT CONTRACT (continued) ORDINANCE NO. 87-24-0 NEW BUSINESS REORGANIZATION OF BOROUGH ASSEMBLY November 5, 1987 Page 4 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED VOTE ON MOTION AS AMENDED Ayes: Stevens, Austerman, Barker, Gregg McFarland, White 4 Ayes, 2 Noes Austerman, Barker, Gregg, McFarland Stevens, White. Noes: None MOTION CARRIED Unanimous A. BID AWARDS None B. RESOLUTIONS 1. Resolution No. 87-66-R Supporting Environmentally Responsible Oil And Gas Development On The Arctic National Wildlife Refuge Coastal Plain. This item was previously approved under the "Consent Agenda." 2. Resolution No. 87-67-R Establishing Amount Due To/From The City Of Kodiak For Taxes On Personal Property Within The City Limits. AUSTERMAN, moved to adopt Resolution seconded by STEVENS No. 87-67-R. Mayor Selby recommended that the assembly amend the resolution by changing the last two lines to read "Amount to be remitted is $441,428.99 (period)" and request that the city of Kodiak in the spirit of cooperation reciprocate by a similar action on their five percent withholding on garbage collection. STEVENS, moved to amend Resolution seconded by GREGG No. 87-67-R to read "Amount to be remitted is $441,428.99." VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED VOTE ON MOTION TO ADOPT AS AMENDED Barker, Gregg, Stevens, Austerman, White McFarland 5 Ayes, 1 No Ayes: Gregg, Stevens, Austerman, Barker, White Noes: McFarland MOTION CARRIED 5 Ayes, 1 No 3. Resolution No. 87-69-R Supporting Study Of The Single Unit Of Local Government Concept. MCFARLAND, moved to adopt Resolution seconded by AUSTERMAN No. 87-69-R. NEW BUSINESS REORGANIZATION OF BOROUGH ASSEMBLY BID AWARDS RESOLUTIONS RESOLUTION NO. 87-66-R RESOLUTION NO. 87-67-R RESOLUTION NO. 87-69-R November 5, 1987 Page 5 Kodiak Island Borough Regular Assembly Meeting Assemblyman White explained the differences between this resolu- tion and the city of Kodiak's version of the resolution. A discussion followed between the members of the assembly. Mayor Selby voiced his concerns over word games and said the one thing that was clear was the intent to look at alternatives and options for some combination of services if not governments on the road system. He thought that by expanding the task charged to the committee to look at all alternatives (at least six) in five months time and to submit a comprehensive report was not achievable. He said the most important thing was the findings coming out of the study be useful to the people of the community so they could make an intelligent, informed decision about the best options for a high quality local government. He felt some latitude should be left to the committee to decide which options to spend time studying. Assemblyman White said the people specifically voted on what the committee would do and he felt the assembly would be in trouble if they did something else. He said the proposition said specif- ically "consolidation" and "the next regular election" and he would not go against the voters. Mayor Selby went on to point out that the assembly had since amended it during negotiations with the city of Kodiak and expanded the task to look at least six alternatives. Assemblyman Austerman agreed with Mayor Selby that a December 31, 1988 time limit would allow enough time to consideration. AUSTERMAN, seconded by MCFARLAND VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: MOTION CARRIED moved to amend Resolution No. 87-69-R to "no later than December 31, 1988." McFarland, Stevens, Austerman, Barker, Gregg, White None Unanimous Stevens, Austerman, Barker, Gregg, McFarland, White None Unanimous 4. Resolution No. 87-70-R Declaring Certain Property On Anton Larsen Island Surplus To Borough Needs And Authorizing Disposal. AUSTERMAN, seconded by BARKER moved to adopt Resolution No. 87-70-R. At the request of the assembly, Mayor Selby explained that when Anton Larsen Island was originally subdivided and plated that one lot had been designated for public utilization and public moor- age. Since Mr. Chandler had not given the Kodiak Island Borough a deed to this land and the lot had been acquired as a result of the plating process, he requested the piece of property be returned to Mr. Chandler with which the Planning and Zoning Commission had concurred. Assemblyman Stevens read a note from property owner John Bealey opposing disposal of this property. NEW BUSINESS RESOLUTION NO. 87-69-R RESOLUTION NO. 87-70-R Mr. Rennell explained that the public would still have the right to use the water area as an easement. Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Stevens, Austerman, Barker, Gregg, McFarland, White None Unanimous 5. Resolution No. 87-71-R Supporting The Alaska Craftsman Program. This item was previously approved under the "Consent Agenda." 6. Resolution No. 87-72-R Encouraging The Alaska Legislature To Make Changes To AS 29.40.090 Allow- ing Boroughs To Establish A Workable Abbreviated Plat Process. This item was previously approved under the "Consent Agenda." C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 87-34-0 Amending Chapter 2.39, Boards and Commissions, By Adding Financial Responsibility. This item was previously approved in first reading under the "Consent Agenda." D. OTHER ITEMS NEW BUSINESS RESOLUTION NO. 87-70-R (continued) RESOLUTION NO. 87-71-R RESOLUTION NO. 87-72-R ORDINANCES FOR INTRODUCTION ORDINANCE NO. 87-34-0 OTHER ITEMS 1. Contract Award to Kumin and Associates for Archi- ARCHITECTURAL "— tectural Services on Kodiak High School Code Remodel. SERVICES AWARD HIGH SCHOOL CODE BARKER, moved to award contract to UPGRADE seconded by STEVENS Kumin Associates for $13,000 for architectural services on Kodiak High School Code Remodel. Assemblyman Austerman noted that this project was in two phases and this $13,000 was the first phase. VOTE ON MOTION TO AWARD Ayes: Austerman, Barker, Gregg, McFarland, Stevens, White Noes: None MOTION CARRIED Unanimous 2. Amendment to Selberg Associates For Technical AMENDMENT FOR Assistance Study at East Elementary School. TECHNICAL ASSIST- ANCE STUDY - EAST BARKER, moved to approve amendment ELEMENTARY SCHOOL seconded by GREGG in the amount of $8,900 to Selberg and Associates for extra services for East Elementary School. At the request of the presiding officer, Mayor Selby explained that the assembly had accepted a grant of $8,900 from the State of Alaska to do an energy audit of the existing East Elementary School. He said after the audit was completed, the borough would be eligible to apply for additional grant funds for items like new thermopane windows, additional installation, etc. to increase energy efficiency in the building. GREGG, moved to amend by adding the seconded by BARKER wording "the funds will be provided by Grant ATN 87-0192." November 5, 1987 Page 7 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO AMEND NEW BUSINESS Ayes: Barker, Gregg, McFarland, AMENDMENT FOR Stevens, Austerman, White TECHNICAL ASSIST- ANCE STUDY - EAST Noes: None ELEMENTARY SCHOOL (continued) MOTION CARRIED Unanimous VOTE ON MOTION AS AMENDED Ayes: Gregg, McFarland, Stevens, Austerman, Barker, White Noes: None MOTION CARRIED Unanimous 3. John J. Eufemio Request For Adjustment Of Payment REQUEST FOR For Easement. ADJUSTMENT OF PAYMENT FOR EASMENT GREGG, moved to approve an seconded by MCFARLAND additional payment of $1,820 for an easement to John Eufemio. VOTE ON MOTION TO APPROVE Ayes: McFarland Noes: Stevens, Austerman, Barker, Gregg, White MOTION FAILED 1 Aye, 5 Noes INFORMATIONAL MATERIALS (No action required) INFORMATIONAL MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER 1. Architectural Review Board Minutes of February 10, MEETINGS 1987, March 25, 1987, and May 20, 1987. 2. K.I.B. School Board Minutes of September 28, 1987, October 2, 1987 and October 19, 1987. 3. Economic Development Committee Minutes of September 20, 1987. B. REPORTS REPORTS 1. Status Reports - Community Development, Facilities 2. K.I.B. Financial Report for September, 1987. K.I.B. School District Financial Report for September, 1987. C. OTHER CITIZENS' COMMENTS CITIZENS' COMMENTS Okey Chandler, explained the reasons why he requested the return of the lot on Anton Larsen Island. Wally Johnson said he hoped the assembly and the city council could collectively agree on nine individuals to serve on the Consolidation Committee to whom they would show consideration, respect and trust to make a decision on what they think would be best. He said he was offended about the one resolution being available to the audience and a revised document before the assembly. Regarding Resolution 87-67-R, he said the borough could not charge the city of Kodiak five percent for collection the property tax and quoted A.S. 29.35.170. November 5, 1987 Page 6 Kodiak Island Borough Regular Assembly Meeting Roy Hoyt, referring to Resolution 87-70-R, thanked the assembly CITIZENS' for their consideration. He proceeded to explain his plans for COMMENTS development of Lot 9, Block 2 on Anton Larsen Island which he was purchasing from Mr. Chandler. ASSEMBLYMEN'S COMMENTS ASSEMBLYMEN'S COMMENTS Assemblyman Austerman concurred with Wally Johnson's comment about the material given to the public and the items on the agenda. He didn't feel substitution of resolutions/ordinances should be made before the meeting. Also, he said business considerations were going to prevent him from attending the Alaska Municipal League meeting in Anchorage. Assemblyman Gregg suggested any amended resolution/ordinance be clearly marked with the word "amended" and the date of the amendment noted on it to prevent confusion. Regarding the Consolidation Committee, he said the assembly was committed to financial backing and he thought a draft budget for travel, legal fees, etc should be drawn up. Since the present borough attorney is living in Seattle, he wondered if some action was going to be taken about designating a firm to represent the borough in litigation and a second firm designated for the staff to refer to with municipal questions. He spoke regarding the assembly agenda deadlines and guidelines. Assemblyman Stevens suggested policies be drawn up at the January planning session on an agenda cut off date, duties of presiding officer and deputy presiding officer, etc. Mayor Selby said he had a concern with a cumbersome bureaucracy that could not act in less than two months when responding to items brought before the assembly. He preferred to see the borough government to be responsive to needs as they were presented. A discussion followed between assemblymembers regarding agenda deadlines. Assemblyman White said he was probably at fault over the confusion about the Consolidation Committee resolution and he apologized to the public. ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 9:35 p.m. siding Officer ATTEST: Boroug erk November 5, 1987 Page 9