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1990-05-03 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting May 3, 1990 A regular meeting of the Kodiak Island Borough Assembly was held May 3, 1990 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 Pledge of Allegiance was led by Presiding Officer White. There were present: Lorne White, Presiding Alan Austerman Jack McFarland Tom Merriman Mary Monroe Bob Shuttlesworth Absent: Gary Stevens (Excused) comprising a quorum of the assembly; and Pat Carlson, Acting Borough Mayor Linda Freed, Community Development Director Gaye J. Vaughan, Borough Clerk APPROVAL OF AGENDA MONROE, seconded by MCFARLAND WITHOUT OBJECTION, SO ORDERED MONROE, seconded by MCFARLAND moved to remove "Increase of Village Winter Cleanup Funding" from New Business, Other Items, from agenda. moved to approve agenda as amended. VOTE ON MOTION TO APPROVE AGENDA AS AMENDED MOTION CARRIED Unanimous Voice Vote CONSENT AGENDA The items on the consent agenda were read aloud by Presiding Officer White. Regular Assembly Meeting May 3, 1990 REGULAR MEETING IZIORR6111411 APPROVAL OF AGENDA CONSENT AGENDA Volume XIII Page 102 MERRIMAN, seconded by AUSTERMAN VOTE ON MOTION MOTION CARRIED moved to adopt consent agenda. Unanimous Voice Vote APPROVAL OF MINUTES APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of April 19, 1990. These items were previously approved under the "Consent Agenda." CITIZENS' COMMENTS CITIZENS' COMMENTS A. Employee of the Month Acting Mayor Carlson presented the Employee of the EMPLOYEE OF THE Month award to Barbara Templeton, Administrative MONTH Assistant to Mayor Selby. B. Agenda Items Not Scheduled For Public Hearing None C. Items Other Than Those Appearing on the Agenda None COMMITTEE REPORTS COMMITTEE REPORTS Robin Heinrichs, P&Z representative, voiced pleasure at Linda Freed's return to the Community Development Department and added that he was looking forward to the task of rewriting Title 17 and the Comprehensive Plan. PUBLIC HEARING PUBLIC HEARING A. Ordinance No. 90-15 Amending Title 16, ORDINANCE Subdivision. NO. 90-15 Presented for consideration was Ordinance No. 90-15 which amended Title 16, Subdivision, of the Kodiak Island Borough Code which would place a greater degree of responsibility for the development of land on the developers. MCFARLAND, moved to adopt seconded by MERRIMAN Ordinance No. 90-15. Regular Assembly Meeting Volume XIII May 3, 1990 Page 103 The presiding officer called for public testimony. Scott Arndt, spoke to areas of concern to him in the rewrite of Title 16. Robin Heinrichs, P&Z representative, spoke to the ordinance and urged the assembly to adopt it. He answered questions from the assembly. The presiding officer closed the public hearing and reconvened the assembly. MERRIMAN, seconded by SHUTTLESWORTH moved to delete part of last sentence under 16.7O.O2O(A)(5) "as well as a letter of jurisdiction from the U.S. Army Corps of Engineers." Assemblyman Austerman asserted that he could not support the amendment because he felt there would be instances where heavy wetlands might be considered for development and the P&Z Commission would need that requirement to cover the borough actions. Assemblymember Monroe felt comfortable retaining the requirement because it stated "may require and she thought there might be some situations where an opinion from the Corps of Engineers would be a good idea. Assemblyman McFarland wanted to see the requirement retained because with a letter of opinion from the Corps of Engineers, the P&Z Commission would have guidance in designing a subdivision so there would not be problems at a later date. Assemblyman Austerman felt the sentence was written incorrectly and said there should be two sentences. He suggested the drainage plan and the letter of Jurisdiction from the Corps be separated. He thought the P&Z Commission should have the ability to go with the drainage plan and if heavy wetlands were involved, to require a letter from the Corps of Engineers. Regular Assembly Meeting Volume XIII May 3, 1990 Page 104 VOTE ON MOTION TO AMEND Ayes: Noes: MOTION FAILED AUSTERMAN, seconded by SHUTTLESWORTH Merriman Austerman, McFarland, Monroe, Shuttlesworth, White 1 Aye, 5 Noes moved to delete 16.4O.O5O(A)(4). Assemblyman McFarland wanted the P&Z Commission to have a mechanism to use to determine the neighborhood characteristics. He thought a subjective approach would have to be used and said if this item was taken out, it would be very difficult for the P&Z Commission to help developers plan their subdivisions. VOTE ON MOTION TO AMEND Ayes: Noes: MOTION FAILED VOTE ON MOTION TO ADOPT Merriman, Shuttlesworth, Austerman McFarland, Monroe, White 3 Ayes, 3 Noes Ayes: Merriman, Monroe, Shuttlesworth, Austerman, McFarland, White Noes: MOTION CARRIED None Unanimous B. Ordinance No. 90-16 Accepting a Department ORDINANCE of Education Grant and Authorizing Staff to NO. 90-16 Effect Certain Line Item and/or Project Level Changes in the FY 1990 Budget. Presented for consideration was Ordinance No. 90-16 which accepts a DOE grant and authorizes expenditures of these funds. Regular Assembly Meeting Volume %III May 3. 1990 Page 105 MERRIMAN, moved to adopt seconded by SHUTTLESWORTH Ordinance No. 90-16. The presiding officer called for public testimony, there being none, the assembly was reconvened. Acting Mayor Carlson requested a change to the ordinance on behalf of the Facilities/Engineering Director which would reflect a $30,000 increase. Assemblyman Austerman questioned the increase in the cost of the Kodiak High School Lockers which necessitated the request for the extra $30,000. Assemblyman Shuttlesworth requested more back-up information on the High School Lockers bid. MERRIMAN, seconded by MCFARLAND VOTE ON MOTION TO POSTPONE Ayes: Noes: MOTION CARRIED moved to postpone action on Ordinance No. 90-16. McFarland, Merriman, Monroe, Shuttlesworth, Austerman, White None Unanimous The presiding officer called for a five minute recess. The presiding officer reconvened the assembly. C. Ordinance No. 90-17 Prohibiting Smoking in ORDINANCE the Kodiak Island Borough Building. NO. 90-17 Presented for consideration was Ordinance No. 90-17 which would prohibit smoking in all areas of the K.I.B. Building. MONROE, moved to adopt seconded by MERRIMAN Ordinance No. 90-17. The presiding officer called for public testimony. Donna Smith, K.I.B. employee, thought it was not fair to discriminate against individuals who choose to smoke. She requested the ordinance be amended to allow one room in the borough building to be a designated smoking room. Regular Assembly Meeting Volume XIII May 3, 1990 Page 106 Carol Bauder, K.I.H. employee, stated there were other buildings owned by the Kodiak Island Borough and thought if one building was designated as a non- smoking building, then all buildings should be designated non-smoking. Kathy Jones, K.I.B. employee, concurred with Donna Smith's comments. Linda Freed, K.I.B. employee, declared that she would like to believe that space could be provided for both smokers and non-smokers. She said that she was a non-smoker and preferred to be in a non -smoke filled environment, but thought providing one room in the borough building was not inappropriate for those staff members who do smoke. Lila Packard, K.I.B. employee and a non-smoker, thought the employees who did smoke should have a place to go because they did not have time to go outside to smoke. Sheryl Peebler, K.I.B. employee, supported the ordinance to prohibit smoking in offices, but thought there should be a place for employees that do smoke to go. The presiding officer closed the public hearing and reconvened the assembly. MCFARLAND, seconded by MERRIMAN VOTE ON MOTION TO AMEND MOTION CARRIED MCFARLAND, seconded by AUSTERMAN VOTE ON MOTION TO AMEND MOTION CARRIED moved to amend Ordinance No. 90-17 to change effective date to July 1, 1990. Unanimous Voice Vote moved to amend Section 8.25.020 to include all buildings and offices owned or leased by the Kodiak Island Borough. Unanimous Voice Vote Regular Assembly Meeting Volume XIII May 3, 1990 Page 107 MCFARLAND, seconded by MERRIMAN moved to amend Section 8.25.010 to add "except in one designated non -common area in each building." A discussion followed between assemblymembers about designating one place in each building for smoking. VOTE ON MOTION TO AMEND Ayes: Noes: MOTION FAILED VOTE ON MOTION AS AMENDED Ayes: Noes: MOTION CARRIED McFarland, Merriman Monroe, Shuttlesworth, Austerman, White 2 Ayes, 4 Noes Shuttlesworth, Austerman, McFarland, Merriman, Monroe, White None Unanimous Voice Vote D. Ordinance No. 90-18 Providing Procedures for Declaring and Filling Vacancies on the Assembly. Presented for consideration was Ordinance No. 90-18 which provides procedures for filling vacancies on the assembly. AUSTERMAN, moved to adopt seconded by MERRIMAN Ordinance No. 90-18. The presiding officer called for public testimony; there being none, the assembly was reconvened. AUSTERMAN, seconded by MCFARLAND VOTE ON MOTION TO AMEND MOTION CARRIED Regular Assembly Meeting May 3. 1990 moved to amend Ordinance No. 90-18 2.16.O6O(A)(4) to read "misses more than four unexcused consecutive regularly scheduled assembly meetings,...." Unanimous Voice Vote ORDINANCE NO. 90-18 Volume XIII Page 108 VOTE ON MOTION AS AMENDED Ayes: Noes: Austerman, McFarland, Merriman, Monroe, Shuttlesworth, White None MOTION CARRIED Unanimous Voice Vote MESSAGES FROM THE BOROUGH MAYOR Acting Mayor Carlson noted that Mayor Selby was out of town and Linda Freed, Community Development Director, had returned to work following maternity leave. OLD BUSINESS None NEW BUSINESS A. BID AWARDS 1. Kodiak High School Locker Project Award AUSTERMAN, move to award high seconded by MCFARLAND school locker project to Associated Professional Ent. in an amount NTE $96,442. Assemblyman Austerman thought in view of the requested budget change, the fact that no backup information had been provided on the bid, and the bid award was now $105,000 when the original price for the locker project was $35,000, the award should be postponed until staff could provide the necessary information. AUSTERMAN, seconded by MCFARLAND VOTE ON MOTION TO POSTPONE MOTION CARRIED Regular Assembly Meeting May 3, 1990 moved to postpone award to May 17, 1990 regular assembly meeting. Unanimous Voice Vote MESSAGES FROM MAYOR OLD BUSINESS NEW BUSINESS BID AWARDS Kodiak High School Locker Project Award Volume XIII Page 109 2. CT Scan Design Contact Award CT SCAN DESIGN CONTACT AWARD MCFARLAND, moved to award CT scan seconded by MERRIMAN building design contract to Kumin Associates in an amount NTE $16,000. Assemblyman McFarland expressed puzzlement over this request for a building design contract when he understood the assembly had authorized the purchase of a modular unit. At Presiding Officer White's request, Betty Springhill, chairman of the Kodiak Island Hospital Board, explained this $16,000 was for electrical and mechanical design for a stick -frame constructed building which would be built in place of the modular unit. She said the modular unit would have cost more than the $80,000 for the stick -frame building. Stan Thompson, Kodiak Island Hospital Maintenance and Engineering Director, explained the reasons why the modular unit would have been cost prohibitive. A discussion over the cost of the building was held between Assemblymembers. VOTE ON MOTION TO AWARD Ayes: Merriman, Monroe, Shuttlesworth, Austerman, McFarland, White Noes: None MOTION CARRIED Unanimous Voice Vote B. RESOLUTIONS RESOLUTIONS None C. ORDINANCES FOR INTRODUCTION ORDINANCES FOR INTRODUCTION 1. Ordinance No. 90-19 Amending the Budgets of ORDINANCE Women's Bay and Monaskha Bay Service NO. 90-19. Districts. This item was approved under the "Consent Agenda" and advanced to Public Hearing on June 7, 1990. Regular Assembly Meeting Volume XIII May 3, 1990 Page 110 D. OTHER ITEMS 1. Approval of Restaurant Designation Permit for Road's End Restaurant and Bar. AUSTERMAN, move to approve seconded by MERRIMAN Restaurant Designation 1, 2 and 3 for Road's End Restaurant. VOTE ON MOTION TO APPROVE Ayes: Noes: Merriman, Monroe Austerman, McFarland, Shuttlesworth, White MOTION FAILED 2 Ayes, 4 Noes 2. Airport Task Force Charge Presiding Officer White read the charge to the Airport Task Force. MCFARLAND, seconded by AUSTERMAN move to appoint the following individuals to the Task Force as follows: Mike Machulskey - Alaska Helicopter Larry Anderson - Mark Air Peggy Rauwolf - Chamber of Commerce Christy Kristofferson - Penn Air Janet George - DOT/PF Sandy Kavanaugh - Kodiak Island Visitors and Convention Bureau Mary Ann Weideman - Kodiak Island Borough VOTE ON MOTION M u (�➢1F �y � tit.\:1:� �1 �i MCFARLAND, seconded by MERRIMAN AUSTERMAN, seconded by MCFARLAND Unanimous Voice Vote moved to approve the charge for Airport Task Force. moved to amend to pursue the feasibility of a float plane concept. APPROVAL OF RESTAURANT DESIG NATION PERMIT - ROAD'S END RESTAURANT & BAR APPOINTMENT OF AIRPORT TASK FORCE AND CHARGE Regular Assembly Meeting Volume %III May 3, 1990 Page 111 VOTE ON MOTION TO AMEND MOTION CARRIED VOTE ON MOTION AS AMENDED Unanimous Voice Vote MOTION CARRIED Unanimous Voice Vote INFORMATIONAL MATERIALS (No action required) INFORMATIONAL MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. K.I.S. Hospital Advisory Board Regular Meeting of March 14, 1990 and March 28, 1990. 2. K.I.B. Planning and Zoning Commission Regular Meeting of March 21, 1990. B. REPORTS REPORTS 1. Status Report for March, 1990 - Community Development C. OTHER None CITIZENS' COMMENTS CITIZENS' COMMENTS Scott Arndt expressed his displeasure over the assembly's action in adopting Ordinance No. 90-15, Amending Title 16, Subdivision, without amendments. ASSEMBLYMEN'S COMMENTS ASSEMBLYMEN'S COMMENTS Presiding Officer White announced the next assembly work session would be Thursday May 10 at 7:30 p.m. in the Borough Conference Room. Also, the assembly would meet with gubernatorial candidate Jim Campbell on Monday, May 7 at 2:30 p.m. in the Borough Conference Room. The next regular assembly meeting will be Thursday, May 17 at 7:30 p.m. in the Borough Conference Room, he said. Also, in reviewing the FY9O budget, he said that he noticed considerable growth and was not sure it was necessary. He wished to see the borough retain the tax rate at 4.5 mils. Regular Assembly Meeting Volume XIII May 3, 1990 Page 112 Assemblyman Austerman echoed Assemblyman White's comments about the growth in the budget. Regarding the restaurant designation for Road's End Restaurant, he requested someone on the prevailing side, make a motion to reconsider the matter. He suggested the restaurant owners, the Hoppers, might come to a work session and talk to the assembly about a plan to build partitions to separate the bar from the restaurant. He mentioned the results of the May 1 Special Election and thought since the Charter Commission had been defeated, the Assembly and the City Council should get on with business. MCFARLAND, moved to enter seconded by AUSTERMAN reconsideration of Restaurant Designation Permit for Road's End Restaurant and Bar on the minutes. Assemblyman McFarland thought Mr. Arndt had brought up several points that needed to be considered regarding Title 16. He said the P&Z Commission handled the same situations over and over and maybe Title 16 might be redesigned to fit the community rather than being a generic one. Assemblymember Monroe commended the Planning and Zoning Commission for their months and months of work on Title 16. She thanked the borough employees who spoke regarding the non-smoking ordinance but felt health considerations needed to be addressed. Assemblymember Shuttlesworth concurred with previous comments about the tax rate remaining at 4.5 mils. Assemblyman Merriman expressed his concern over placing more restrictions on property subdividers thereby making it more difficult and costly for the people of Kodiak. There being no further business to come before the assembly, the meeting adjourned at 9:32 p.m. ATTEST: • • a�', • - Regular Assembly Meeting May 3. 1990 RESTAURANT DESIGNATION ROAD'S END RECONSIDERATION Volume XIII Page 113