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1992-06-22 Special MeetingRODIAK ISLAND BOROUGH Special Assembly Meeting June 22, 1992 A special meeting of the Kodiak Island Borough Assembly was held June 22, 1992, in the conference room in the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 12:07 p.m. There were present: Jack McFarland, Presiding Betty Fitzjearl Gordon Gould Suzanne Hancock Mike Milligan (arrived at 12:10 p.m.) Mary Monroe absent: Gary Stevens comprising a quorum of the Assembly; and Jerome Selby, Borough Mayor Donna F. Smith, Borough Clerk Judi Nielsen, Borough Deputy Clerk Assemblymember Stevens was out of town and asked to be excused. MONROE, moved to excuse seconded by GOULD Assembl Ymember VOTE ON MOTION Stevens. MOTION CARRIED NEW BUSINESS Unanimous voice vote NEW BUSINESS A. RESOLUTIONS RESOLUTIONS 1. Resolution No. 92 -22 Authorizing the RESOLUTION Acquisition of a Right -of -way Permit from the State of Alaska for the Pasagshak River NO. 92 -22 Bridge. If adopted, Resolution No. 92 -22 authorized the State of Alaska to issue a right -of -way permit to the Kodiak Island Borough to allow Pasagshak property owners to construct a bridge across the Pasagshak River. Special Assembly Meeting June 22, 1992 KIBS104771 SPECIAL MEETING ROLL CALL Volume XV Page 179 GOULD, moved to adopt seconded by MONROE Resolution No. 92 -22. Presiding Officer McFarland declared his conflict of interest and passed the gavel to Acting Presiding Officer Monroe. Mayor Selby explained that the State gave final clearance for construction of the Pasagshak River bridge if the right -of -way permit was accepted by the Borough. He said the pilings would be placed in the river bed, which was state owned property, and access to the bridge was by private property on the north end and Borough right -of -way property on the south end. Tom Hendel, Pasagshak property owner, spoke to the fact that permits from the Alaska Department of Fish and Game and the Department of Environment Conservation were received. He said the right -of -way permit was to be issued to the Borough instead of the property owner association because of time constraints. He recited the planned construction schedule if the permit was accepted. Assemblymember Milligan discussed alternatives if the Assembly did not adopt the resolution because construction of the bridge was a private venture. Jack McFarland, Pasagshak property owner, explained that the property owner association had funds available to build the bridge and waiting a year caused the cost of construction to increase. He noted that monies were from the association of approximately 50 property owners. He reiterated the thought that expedition of the permitting process was viable if the Borough adopted the resolution. Assemblymember Milligan and Mr. McFarland discussed land use by the public and private residents. Assemblymember Fitzjearl did not understand Borough acceptance of the right -of -way permit when the bridge was private and accessed only by residents who contributed funds. At her question of the effect on future development, Mr. McFarland explained that future residents had options to buv -in to the project and gain rights to use the bridge. Assemblymember Gould asked Joel Bolger, Borough attorney, if the Borough could tie liability in with property so that it became part of the property. Special Assembly Meeting June 22, 1992 KIBS104772 Volume XV Page 180 Joel Bolger said it would be possible with the signature of all property owners. He felt that if the property owner association assumed obligation for the liability, care needed to be taken that the association had financial substance. He foresaw a problem with accepting liability of a few and cautioned setting a precedent. Mayor Selby recommended adding language to relieve the Borough of all responsibility within a year. Tom Hendel noted that the subdivision was platted and approved in 1979 for access by air or water and that a platted right -of -way was designated. He came before the Assembly two years ago asking for the formation of a service district, which the Assembly denied. He restated the fact that Borough acceptance of the right -of -way permit allowed expeditious construction of the bridge. He emphasized that it was the intent of the association to apply for private non - exclusive permits as soon as possible, eliminating Borough involvement. He reiterated the fact that the proposed bridge did not change the current public access. Assemblymember Monroe admired the property owners' endeavor to formulate a plan to meet the needs of their property. Indications were that the property owner association pursued and was assured that liability insurance coverage could be secured. Scott Arndt felt that Borough acceptance of the permit allowed property owners the opportunity to construct the bridge. Mr. Bolger assured the Assembly that Borough involvement would terminate within one year when the association received the permits from the State. Assemblymember Milligan questioned the certainty that the permit would be issued by the state within a year. Mr. Hendel revealed his conversation with Mike Sullivan, DNR, in which Mr. Sullivan outlined the permitt; for a public comment n period. Mr. Hendel s announced that the allowed construction period would expire prior to thirty days. He again emphasized that Borough involvement in the permit was temporary. Special Assembly Meeting June 22, 1992 KIBS104773 Volume RV Page 181 Mr. Bolger explained that the permit could be limited to one year. Assemblymember Gould was of the opinion that government should not interfere with private industry. VOTE ON MOTION Ayes: Noes: Monroe Fitzjearl, Gould, Hancock, Milligan Abstain: McFarland Absent: Stevens MOTION FAILED 1 Aye, 4 Noes 2. Resolution No. 92 -23 Disposing of Kodiak RESOLUTION Island Borough Interest in a Right -of -way NO. 92 -23 Permit to Aid in the Construction of the Pasagshak River Bridge. If adopted, Resolution No. 92 -23 transferred Borough interest in the use of the Pasagshak River right -of- way to the individual, corporation, or firm selected to construct and erect the Pasagshak River bridge. FITZJEARL, moved to adopt seconded by GOULD Resolution No. 92 -23. VOTE ON MOTION Ayes: None Noes: Gould, Hancock, Milligan, Fitzjearl, Monroe Abstain: McFarland Absent: Stevens MOTION FAILED Unanimous Acting Presiding Officer Monroe passed the gavel back to Presiding Officer McFarland. Special Assembly Meeting June 22, 1992 KIBS104774 Volume XV Page 182 3. Resolution No. 92 -24 Authorizing the Lease RESOLUTION of the Kodiak Island Borough Apartment Building Complex Building "A" to NO. 92 -24 g Non - Profit Corporations. Qualified If adopted, Resolution No. 92 -24 authorized the leasing of various apartments located in Building "A" of the Borough Apartment Complex on a yearly basis with five (5) automatic extensions. MONROE, moved to adopt seconded by FITZJEARL Resolution No. 92 -24. Mayor Selby explained that the space would soon be vacated and that leasing office space to non - profit corporations generated revenue. VOTE ON MOTION Ayes: Hancock, Milligan, Monroe, Fitzjearl, Gould, McFarland Noes: None Absent: Stevens MOTION CARRIED Unanimous 4. Resolution No. 92 -25 Amending Resolution RESOLUTION No. 92 -06 Fees of the Kodiak Island Borough. NO. 92 -25 If adopted, Resolution No. 92 -25 amended Resolution No. 92 -06 by adding fees for residential and accessory building construction. The building permit fees were omitted from the original fees resolution. The fees were the same as the Uniform Building Code fees. GOULD, moved to adopt seconded by MONROE Resolution No. 92 -25. VOTE ON MOTION Ayes: Noes: None Absent: Stevens MOTION CARRIED Unanimous Special Assembly Meeting June 22, 1992 Milligan, Monroe, Fitzjearl, Gould, Hancock, McFarland KIBS104775 Volume XV Page 183 B. OTHER OTHER 1. Legal Action on Reapportionment. REAPPORTIONME,,_ Mayor Selby explained that the newly drawn reapportionment lines defined districts that were not indigenous. Borough attorney, Joel Bolger, was asked to respond to questions from the Assembly. He said the State intended to file a petition for review immediately and cross - complaints could be filed. He indicated the Supreme Court would hear briefings on Wednesday. He emphasize that any decision by the Assembly to involve the Borough needed to be done immediately. He felt the strongest objection would be formation with the Southeast Islands. He reiterated he would need to file with the Supreme Court today. GOULD, seconded by MONROE VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED MONROE, seconded by GOULD VOTE ON MOTION MOTION CARRIED There being no further business to come before the Assembly, the meeting adjourned at 1:35 p.m. ATTEST: o°, orough Clerk Special Assembly Meeting June 22, 1992 moved to bring legal action to attack Supreme Court plan and to bring briefing to Supreme Court. Monroe, Fitzjearl, Gould, Milligan, McFarland Hancock Stevens 5 Ayes, 1 No moved to adjourn Unanimous voice vote KIBS104776 ADJOURNMENT Volume XV Page 1 °4