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1994-07-26 Regular Meeting? 1 9 RODIAR ISLAND BOROUGH Regular Assembly Meeting July 26, 1994 A rescheduled regular meeting of the Kodiak Island Borough Assembly was held July 26, 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. The invocation was given by Envoy Craig Fanning of the Salvation Army, followed by the Pledge of Allegiance. There were present: ROLL CALL Jack McFarland, Presiding Alan Austerman John Burt Gordon Gould Mike Milligan Mary Monroe absent: Suzanne Hancock comprising a quorum of the Assembly; and Linda Freed, Acting Mayor Donna Smith, Clerk Steve Hobgood, Engineering /Facilities Director Judi Nielsen, Deputy Clerk Assemblymember Hancock was out -of -town on vacation and asked to be excused. AUSTERMAN, moved to excuse seconded by MILLIGAN Assemblymember Hancock. VOTE ON MOTION TO EXCUSE MOTION CARRIED Unanimous voice vote APPROVAL OF AGENDA AUSTERMAN, moved to approve seconded by MILLIGAN the agenda. VOTE ON MOTION TO APPROVE Ayes: Austerman, Burt, Gould, Milligan, Monroe, McFarland Noes: None REGULAR MEETING APPROVAL OF AGENDA Regular Assembly Meeting Volume XVIII July 26, 1994 Page 224 Absent: MOTION CARRIED APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of June 16, 1994. MONROE, seconded by MILLIGAN VOTE ON MOTION TO APPROVE Ayes: 1 Hancock Unanimous moved to approve the minutes of June 16, 1994. Burt, Gould, Milligan, Monroe, Austerman, McFarland APPROVAL OF MINUTES Noes: None Absent: Hancock MOTION CARRIED Unanimous AWARDS AND PRESENTATIONS None. 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 Assemblymember Austerman, Hospital Advisory Board representative, reported that a letter from Dr. Brockman that was published in the newspaper raised questions as to whether the hospital's physical therapy facility was in competition with private businesses. He reported the physical therapy facility was operated from doctor's prescriptions. He stated the Board's consensus that the facility did not compete with local businesses did not satisfy Dr. Brockman so future discussion was anticipated. He said Dr. Brockman was concerned because hospital staff wanted to use the nautilus equipment and borough staff requested the same benefits. Ed Myers, hospital administrator, said the question was tabled AWARDS AND PRESENTATIONS CITIZENS' COMMENTS Regular Assembly Meeting Volume XVIII July 26, 1994 Page 225 for further discussion but probably would be pursued for hospital staff. He added that hospital staff had the benefit of reduced prescription prices through the hospital pharmacy. He said the facility, consisting of two physical therapists and clerical staff, was operating in the black. He reported that Providence Hospital was awarded the Teamsters Health Care Contract. He said Providence offered a network with all hospitals in the state that allowed a consolidation of Teamsters health care and reduced costs. He anticipated large insurance companies would follow suit. He said approximately $100,000 was expected from the suit against the state over long -term care facilities' daily rates. He said the funds were earmarked for equipment purchases. He anticipated the balance of the hospital budget to be $75,000 - $100,000 by the end of fiscal year 1994. At Assemblymember Burt's inquiry, Assemblymember Austerman clarified that the hospital bond was solely for construction of the building and an additional $9 million was needed to equip the project. PUBLIC HEARING 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 -08 Amending Kodiak Island ORDINANCE Borough Code Title 17 Zoning to Include BHO -- NO. 94 -08 Boarding House Overlay Zoning District and SRO- - Single Resident Occupancy Development Standards. Presented for consideration was Ordinance No. 94 -08 which, if adopted, amended Title 17 Zoning to establish regulations for a Boarding House Overlay Zoning District and Single Resident Occupancy Development Standards to address the need for safe, affordable housing. The motion to adopt Ordinance No. 94 -08 was before the Assembly. Acting Mayor Freed said the ordinance was drafted by the Planning and Zoning Commission at the direction of the Assembly and City Council. She noted that at the last joint work session the Council did not voice objection or support for the ordinance and there was no recommendation to staff to revise the document. Regular Assembly Meeting Volume XVIII July 26, 1994 Page 226 Regular Assembly Meeting July 26, 1994 9 "1 3 Presiding Officer McFarland called for public testimony; hearing and seeing none, he reconvened the regular meeting. Assemblymember Austerman felt the ordinance did not alleviate problems associated with boarding houses. He felt enforcement would close boarding houses and there were already insufficient rooms for the current work force. He contended that enforcement was not addressed by the Assembly but the Commission strongly supported enforcement. He noted the City Council did not favor the ordinance. Assemblymember Burt agreed with the comments of Assemblymember Austerman. Assemblymember Monroe considered that the Commission expended a lot of effort but the ordinance was awkward. She felt that since cannery workers contributed to the economy, the City and Borough should work together to provide safe, low income housing for that segment of the community. Assemblymember Gould contended that this zoning was a result of specific complaints of overcrowding, fire hazards and parking problems that were allayed, and there were laws to govern these problems. He felt the ordinance created a zoning district without addressing the Comprehensive Plan and the Plan should be reviewed for guidance. Assemblymember Milligan was inclined to support the ordinance and questioned the procedure for applying for BHO zoning. Acting Mayor Freed explained that a property owner could apply or the zoning could be initiated by the Assembly or Commission She said it was a two -step process in that once the BHO zoning was approved, a home could not be converted to a boarding house unless a conditional use permit (CUP) was granted by the Commission. She clarified that if the CUP was revoked, the BHO zoning would continue to exist. She added that the Borough enforcement policy was set by resolution and staff did not revise the policy prior to Assembly approval of the ordinance. She said the Commission recommended implementing a strategy of systematic enforcement without complaint. Assemblymember Milligan wondered if the non - complaint enforcement policy singled out boarding houses. Acting Mayor Freed said the specific recommendation of the Commission dealt with boarding houses. She outlined the number of boarders allowed in a single - family dwelling per Borough Code. She noted that Pat Szabo, Planning and Zoning Commissioner, was present. Volume %VIII Page 227 Assemblymember Milligan agreed with Assemblymember Gould that the Comprehensive Plan should be reviewed. He contended that it was time to incorporate cannery workers, a vital component of the community, into the system. Assemblymember Austerman debated Assemblymember Milligan's comments in that the concern was creating laws that were not enforced. Presiding Officer McFarland felt active enforcement was necessary to ensure compliance. He agreed with Assemblymember Austerman that the housing problem was not addressed. He appreciated the diligence of the Commission but felt the timing was not right to create a standard of housing that required enforcement and to bring it back at a future time. VOTE ON MOTION TO ADOPT Ayes: Milligan Noes: Gould, Monroe, Austerman, Burt, McFarland Absent: Hancock MOTION FAILED 1 Aye, 5 Noes B. Ordinance No. 94 -12 Amending Kodiak Island ORDINANCE Borough Code 16.50.020 Requirements of Final NO. 94 -12 Plat. Presented for consideration was Ordinance No. 94 -12 which, if adopted, amended Kodiak Island Borough Code to reduce the number of plat copies required by the state from four to two. GOULD, moved to adopt seconded by MILLIGAN Ordinance No. 94 -12. Acting Mayor Freed explained that, because the State no longer required copies of plats to be filed, the ordinance reduced the required number of plats from four to two. Presiding Officer McFarland called for public testimony; hearing and seeing none, he reconvened the regular meeting. There was no discussion by the Assembly. Regular Assembly Meeting Volume XVIII July 26, 1994 Page 228 VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED 4 None Hancock Unanimous Milligan, Monroe, Austerman, Burt, Gould, McFarland C. Ordinance No. 94 -13 Amending Kodiak Island ORDINANCE Borough Code of Ordinances Chapter 4.15 Service NO. 94 -13 Area Boards of Supervisors Section 4.15.20 Composition, Appointment, Election Qualifications. Presented for consideration was Ordinance No. 94 -13 which, if adopted, amended Kodiak Island Borough Code to prohibit the mayor and members of the.3ssembly from serving on a service area board. AUSTERMAN, moved to adopt seconded by GOULD Ordinance No. 94 -13. Acting Mayor Freed explained that, at the request of the Assembly, the Borough attorney reviewed the possibility of a conflict -of- interest when a member of the assembly or the mayor served consecutively on a service area board. She referred to the attorney's opinion. Presiding Officer McFarland opened the public hearing. Scott Arndt was opposed because he felt it was up to the voters to decide who would serve on the assembly and service district boards. He argued there were advantages to have one person serve on both. He remembered in the past when one individual served on the assembly and city council at the same time, accomplishing more. Assemblymember Austerman opposed the ordinance and felt the attorney's opinion left it to the assembly to decide the issue. Regarding conflict -of- interest, he argued that it was important for elected officials to recognize their responsibilities when serving on any board. He agreed with Mr. Arndt that there were advantages in that the board member would have first- hand knowledge to share. Regular Assembly Meeting Volume XVIII July 26, 1994 Page 229 1 MILLIGAN, seconded by AUSTERMAN 9 Because she felt the assembly's responsibility encompassed service district boards, Assemblymember Monroe endorsed the ordinance. Assemblymember Gould agreed there were potential advantages to a person serving on the city council and assembly at the same time. However, he did not feel that way about assemblymembers serving on service district boards because the assembly approved the budget. He felt there was the need to prevent individuals from deriving any pecuniary benefit by holding dual positions and to prevent multiple position holding so public trust would not accumulate in a single person. Assemblymember Milligan agreed with Assemblymember Austerman and Mr. Arndt. He felt the attorney's opinion did not cite any compelling reasons for a conflict, and the restriction could cause polarization. He said that Assemblymember Burt served on a service district board and both bodies benefited from his expertise and broad view. moved to amend Ordinance No. 94 -13 by rewording the last sentence in Section 3 as follows: "The mayor may not be a member of a service area board ". Assemblymember Milligan explained his amendment in that with a strong mayor form of government, it was not rational for the mayor to serve on service district boards because of time constraints. Presiding Officer McFarland ruled no conflict -of- interest for Assemblymember Burt to vote on the ordinance because there was no direct financial gain. Presiding Officer McFarland was concerned because he felt the amendment separated the mayor and assembly by creating two standards. Assemblymember Milligan understood but considered there were differences in that the mayor's position was a full -time position and the assembly was not. Presiding Officer McFarland clarified that members of the assembly were ex- officio members of all boards and commissions and had the right to participate as non - voting members. He felt the concern for conflict -of- interest because a voting member could possibly indirectly sway a board's decision. Regular Assembly Meeting Volume XVIII July 26, 1994 Page 230 Assemblymember Burt argued that decisions were made by a majority of the members of a board. He said that as a free society, it was important to let the voters decide who would serve. He felt there was benefit in that the boards and assembly would be better informed. He felt the main difference was that the mayor was authorized to write a check for less than $5,000 but individually the assembly had no authority to write checks. VOTE ON MOTION TO AMEND Ayes: Austerman, Gould, Milligan Noes: Monroe, Burt, McFarland Absent: Hancock MOTION FAILED 3 Ayes, 3 Noes Presiding Officer McFarland reiterated responsibility of the Assembly. Assemblymember Austerman did not envision a difference because service district boards were advisory. It was the opinion of Assemblymember Gould that an assemblymember, having set the tax rate and approved the budget, could work himself into the position of chair of the service district and generate work orders. He felt it crossed the line in mixing legislative and administration. BURT, seconded by AUSTERMAN moved to amend Ordinance No. 94 -13 by rewording the last sentence in Section 3 as follows: "The mayor and members of the assembly may not be the chairman of a service area board ". Assemblymember Milligan supported the amendment. Assemblymember Monroe argued the need for separation because of the perception of a conflict of interest. Assemblymember Burt felt Kodiak was a small community and interaction was probable but not a problem. Regular Assembly Meeting Volume XVIII July 26, 1994 Page 231 I 9 9 9 I Presiding Officer McFarland contended that assemblymembers were responsible to their position and to avoid conflict -of- interest situations. Assemblymember Milligan contended the potential for abuse through promotion of a hidden agenda was far greater on those less visible. VOTE ON MOTION TO AMEND Ayes: Austerman, Burt, Milligan Noes: Gould, Monroe, McFarland Absent: MOTION FAILED VOTE ON MOTION TO ADOPT Ayes: Hancock Absent: Hancock 3 Ayes, 3 Noes Gould, Monroe, McFarland Noes: Burt, Milligan, Austerman MOTION FAILED 3 Ayes, 3 Noes C. Ordinance No. 94 -14 Placing the Question of ORDINANCE Altering the Boundary of Service District No. 1 NO. 94 -14 on an October 4, 1994 Ballot. Presented for consideration was Ordinance No. 94 -14 which, if adopted, placed the question of altering the boundary of Service District No. 1 by detachment of specific areas on an October 4, 1994 ballot. AUSTERMAN, moved to adopt seconded by BURT Ordinance No. 94 -14. Acting Mayor Freed explained that the petition to detach a portion of Service District No. 1 was initiated by Ed Mahoney. She said if the Assembly adopted the ordinance, the question would be placed on the October 4, 1994 general election ballot. She noted that the City of Kodiak's pending annexation petition might implicate the detachment but there were indications that the City would withdraw the petition. She understood that the Service District Regular Assembly Meeting Volume XVIII July 26, 1994 Page 232 i 9 9 1 9 No. 1 Board supported a project to install pipes to provide water and sewer to the area once the moratorium was lifted. Presiding Officer McFarland opened the public hearing. Scott Arndt, Service District No. 1 chairman, reiterated that the sewer and water project was on the priority list and, with construction of Northstar Elementary School, it was appropriate to complete the Otmeloi Way project that was designed. He noted no request for the Board's recommendation. Mr. Arndt continued that, as an individual, he heard similar requests in the past. He noted that half of the property in Service District No. 1 fronted on state roads but service district roads were used. He added that by distributing costs, the mil rate was controlled. He noted that sewer and water service was a user fee and residents did not pay unless the service was used. Presiding Officer McFarland closed the public hearing and reconvened the regular meeting. Assemblymember Austerman understood that, although Mr. Mahoney agreed with Mayor Selby's suggestion to withdraw the petition, he requested postponement until the August 18 meeting to gather additional information to make a decision. Assemblymember Monroe noted that additional information was needed. Assemblymember Burt reiterated his understanding that residents were not concerned with paying taxes but had a desire not to be annexed into the city. Assemblymember Gould understood the water pipes would be installed to complete the system and was curious because if the petition was successful, residents would be unable to hook -up to the system. He did not favor postponement. AUSTERMAN, seconded by MILLIGAN VOTE ON MOTION TO POSTPONE Ayes: moved to postpone Ordinance No. 94 -14 to August 18, 1994. Milligan, Monroe, Austerman, Burt, McFarland Regular Assembly Meeting Volume XVIII July 26, 1994 Page 233 Noes: Absent: MOTION CARRIED 9 4 Gould Hancock 5 Ayes, 1 No E. Ordinance No. 94 -15 Rezoning a Portion of Lot ORDINANCE 15, U.S. Survey 3471, From RR1- -Rural NO. 94 -15 Residential One To PL-- Public Use Lands. (37044 Chiniak Highway, near Brookers Lagoon in Chiniak) Presented for consideration was Ordinance No. 94 -15 which, if adopted, rezoned property in accordance with the Chiniak Community Comprehensive Plan that identified areas that were appropriate for the development of public and quasi- public facilities. AUSTERMAN, moved to adopt seconded by MILLIGAN Ordinance No. 94 -15. Acting Mayor Freed explained that PTI Communications would install communication equipment to provide improved telephone service to Chiniak. She added that the Planning and Zoning Commission approved the rezone and the conditional use permit. Assemblymember Milligan asked for staff comments on the public hearing notice submitted by Richard MacIntosh voicing non - objection if tree cutting was limited. Acting Mayor Freed stated conditions were in place to preserve views and maintain the natural habitat to the edge of the property. She added that PTI Communications found the conditions acceptable. At Assemblymember Burt's inquiry, Acting Mayor Freed stated the property was privately owned and purchase by PTI Communications was being negotiated. Assemblymember Burt noted the equipment improved telephone communications for Chiniak residents. Presiding Officer McFarland called for public testimony; hearing and seeing none, he reconvened the regular meeting. Assemblymember Austerman attended the meeting of Chiniak residents. and he favored adoption of the ordinance. He outlined the phases of construction and stated that current telephone service was poor. Regular Assembly Meeting Volume XVIII July 26, 1994 Page 234 VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: Hancock MOTION CARRIED Unanimous Milligan, Monroe, Austerman, Burt, Gould, Hancock, McFarland F. Ordinance No. 93 -10K Amending Ordinance No. 93 -10 Fiscal Year 1994 Budget. (Coastal Management Grant Receipt) Presented for consideration was Ordinance No. 93 -10K which, if adopted, accepted grant funds of $1,800 from the State of Alaska Department of Community and Regional Affairs for implementation of the Kodiak Island Borough Coastal Management Program'and revision of the Kodiak Island Borough Coastal Management Plan. MONROE, moved to adopt seconded by GOULD Ordinance No. 93 -10K. Acting Mayor Freed stated the funds were to purchase digitizing equipment for the Community Development Department. She referred to digitized zoning maps in the chambers. Presiding Officer McFarland called for public testimony; hearing and seeing none, he reconvened the regular meeting. There was no discussion by the assembly VOTE ON MOTION TO ADOPT Ayes: Monroe, Austerman, Burt, Gould, Milligan, McFarland Noes: None Absent: Hancock MOTION CARRIED Unanimous After a ten minute recess at 9:00 p.m. Presiding Officer McFarland reconvened the regular meeting. ORDINANCE NO. 93 -1OK Regular Assembly Meeting Volume XVIII July 26, 1994 Page 235 49J MESSAGES FROM MESSAGES FROM THE BOROUGH MAYOR MAYOR Acting Mayor Freed announced that Mayor Selby was in Anchorage testifying at the Exxon Valdez oil spill hearings at the state level. She referred to a letter from the Local Boundary Commission (LBC) that outlined their rationale that it was impossible to have the annexation decision before the October 4, 1994 election. She reported that staff was reviewing projects. She noted the proposed log transfer facility at Larsen Bay, a 170 foot dock loading barge, would require several state and federal reviews. She said staff was also working on a proposal to provide a tideland tract for the Pearson Cove area. She said the docks, piling and fill needed review for federal and state facilities. She was drafting a letter proposing a public hearing for the community to provide input and to allow project applicants to provide information to the community. She was pleased with the new digitized zoning maps in the chambers and said they available for sale to the public. OLD BUSINESS OLD BUSINESS Presiding Officer McFarland recessed the regular meeting and convened the Board of Adjustment. A. BOARD OF ADJUSTMENT Findings -of -Fact - FINDINGS -OF -FACT BOARD OF An appeal of the Planning & Zoning Commission's ADJUSTMENT denial of a preliminary plat of the subdivision of Lot 7A, Block 5, Miller Point Alaska Subdivision creating Lots 7A -1 through 7A -6, Block 5, Miller Point Alaska Subdivision, 4053 Cliffside Drive (Applicant: Edward Gondek and Lenhart Grothe) (Appellant: Gondek and Grothe, Agent: Ecklund Surveying) Assemblymembers Austerman, Gould and Monroe were not present for the Board of Adjustment and questioned the appropriateness of participating in adoption of the findings -of -fact. MILLIGAN, seconded by AUSTERMAN moved to adopt the findings -of -fact in support of a decision to deny the appeal and Regular Assembly Meeting Volume XVIII July 26, 1994 Page 236 7 to confirm the decision of the Planning and Zoning Commission. As part of the motion, Assemblymember Milligan read the findings -of -fact as follows: "1. The Cliffside Road area is not in transition as indicated in the staff report on this case. Several property owner /developers who have bought property in the area subdivided to smaller lot sizes and then moved out of the area. According to public testimony, a substantial number of long term residents in the area have no intention of subdividing their lots, and moving out of the area. The minimal area and width of the proposed lots is not in keeping with the prevailing neighborhood character (specifically lot size and width), based on testimony by number of property owners from the Cliffside Road area. According to Borough records, the mean average lot size for lots in the Cliffside Road area is approximately 20,000 square feet. The potential increase in development density that would result from this subdivision is not consistent with the expectations of a number of area property owners who provided written and verbal comments at the public hearing. 2. The development of the six lots proposed for subdivision will require substantial development effort to regrade the site. The topographical and drainage features on Lot 7A are not adequately acknowledged in the design for their functional and aesthetic contributions to the surrounding area. Other subdivisions in the Cliffside Road neighborhood have not been characterized by the amount of site preparation required by this design. Existing development in the area has generally been adapted to conditions of the land, rather than extensively adapting the land to the conditions of development in order to maximize its potential. The subdivision design does not adequately acknowledge and work with the existing features of the land. The natural features of Lot 7A that make the area aesthetically desirable are all but eliminated in this subdivision design. 3. A number of people who testified about this subdivision believe that the creation of six new lots from Lot 7A is not consistent with the Regular Assembly Meeting Volume XVIII July 26, 1994 Page 237 AUSTERMAN, seconded by BURT VOTE ON MOTION TO POSTPONE Ayes: 1 4 9 1 character with the surrounding neighborhood. According to those concerned individuals, the proposed subdivision will reduce the value of existing residential developments in the area and the overall quality of life. The subdivision design is not sensitive to the concerns of people in the Cliffside Road neighborhood, perhaps because the developers do not live in the area ". There was general discussion on the appropriateness of Assemblymembers Austerman, Gould and Monroe participating because they did not participate in the Board of Adjustment. Presiding Officer McFarland suggested that if the adoption of the findings-of- fact was postponed, they would have an opportunity to listen to tapes and review minutes of the meeting. There was no discussion by the Assembly. moved to postpone adoption of findings - of -fact to•the August 18, 1994 meeting. Acting Mayor Freed informed the Assembly that the findings provided in the packet were not complete. Austerman, Burt, Gould, Milligan, Monroe, McFarland Noes: None Absent: Hancock MOTION CARRIED Unanimous Presiding Officer McFarland adjourned the Board of Adjustment and reconvened the regular meeting. B. Contract No. 94 -13 Service District No. 1 Water CONTRACT and Sewer Installation, Maintenance and Repair NO. 94 -13 for the Period July 1, 1994 to June 30, 1995. The motion to award Contract No. 94 -13 for time and materials to A -K Construction Company of Kodiak before the Assembly. Regular Assembly Meeting Volume XVIII July 26, 1994 Page 238 VOTE ON MOTION TO AWARD Ayes: Noes: Absent: MOTION CARRIED NEW BUSINESS A. BID AWARDS None. B. RESOLUTIONS None. C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS Burt, Gould, Milligan, Monroe, Austerman, McFarland None Hancock Unanimous 1 NEW BUSINESS BID AWARDS RESOLUTIONS ORDINANCES FOR INTRODUCTION OTHER ITEM' 1. Contract No. 94 -20 Economic Development CONTRACT Program. NO. 94 -20 GOULD, moved to approve seconded by MILLIGAN Contract No. 94 -20 in an amount not to exceed $30,000. Acting Mayor Freed stated the Assembly appropriated funds for a program to stimulate economic development in the community. She said Wayne Stevens, Chamber of Commerce executive director, was in the audience. Assemblymember Milligan read the five components of the program and asked for comments from Mr. Stevens. Mr. Steven' stated the work plan, based on comments from the Assembly, was not set in concrete. He said the contract provided a vehicle for the Chamber to appoint an economic development committee, comprised of representatives from the borough and city, to hire a full -time staff person to stimulate economic growth. In response to Assemblymember Burt, Mr. Stevens said he understood the Kodiak Outdoor Theater Corporation Regular Assembly Meeting Volume XVIII July 26, 1994 Page 239 9 1 6 intended to present a modified proposal to the Assembly and the economic development program was not in competition with that. He stated direction from the Assembly and Mayor Selby was to incorporate ideas to direct the position. He reported the Chamber received a $100,000 grant from the Alaska Department of Commerce and Economic Development and conditional approval of $20,000 from the Alaska Science and Technology Foundation to produce valuable products from fish waste. He said the Assembly allocated $14,000 for airport enhancement and increased community utilization of the airport. At further questions, Mr. Stevens stated that all entities of the Borough were invited to participate. He felt government had the responsibility to build the infrastructure to support private enterprise. He said the Chamber made a commitment and he believed the City was interested in the concept. Assemblymember Austerman agreed to the need for active City and Borough involvement in economic development. Because he was concerned that there was insufficient discussion and the need for a firm commitment from the City, he proposed postponing approval of the contract. He felt there was a need for clearly defined goals of the committee and the program. Assemblymember Gould felt the agreement was broadly written and accommodated what he envisioned the Chamber accomplishing. Assemblymember Monroe liked the goals and scope of work and felt the Chamber's commitment placed a dream for the community in action. Presiding Officer McFarland was excited because improved economic development was included in the Assembly's goals and objectives. He said there was a need to increase the economic base to create an infrastructure for Kodiak industry. Assemblymember Burt did not oppose economic development but preferred to reduce the tax base. Acsemblymember Austerman agreed the contract was not perfect but was a good start. He felt the committee should report to the Assembly. Because of the lack of commitment from the City and the Kodiak Area Natives Association, he expressed concern that $30,000 was insufficient to complete the project. He recommended postponement until details were worked through with the City. Regular Assembly Meeting Volume XVIII July 26, 1994 Page 240 Assemblymember Milligan supported the concept but questioned the weakness of the contract. Mr. Stevens explained the perspective was to provide an opportunity to start the project and work through the fine points. He felt it was an opportunity for the Borough to provide leadership. Assemblymember Burt concurred with the comments of Assemblymember Austerman. He felt the need for a concerted effort from the community. At questions raised by Assemblymember Austerman, Mr. Stevens stated the framework was in place for a straight - forward goal of extensive action in a small amount of time. He did not envision a full time staff person and felt the $30,000 was a good start. When Assemblymember Burt questioned forming a committee without funding the $30,000, Mr. Stevens stated staff was needed to initiate plan writing and set the project in motion. Presiding Officer McFarland passed the gavel to Deputy Presiding Officer Austerman. MCFARLAND, seconded by MILLIGAN Assemblymember McFarland explained his motion in that it did not limit the committee to just those tasks outlined in the contract. Assemblymember Milligan appreciated the amendment as a way to satisfy concerns and proceed. Assemblymember Gould contended that because the committee was formed by the Chamber, it encompassed the concerns of all Kodiak residents. VOTE ON MOTION TO AMEND Ayes: Noes: None 7 moved to amend the agreement under item 2 Scope of Work by rewording the last sentence to read: "The staff person will work with the committee to accomplish the tasks the committee develops such as:" Gould, Milligan, Monroe, McFarland, Burt, Austerman Regular Assembly Meeting Volume XVII] July 26, 1994 Page 24] Ayes: GOULD, seconded by MILLIGAN Absent: Hancock MOTION CARRIED Unanimous VOTE ON MOTION TO APPROVE AS AMENDED Milligan, Monroe, McFarland, Gould, Austerman Noes: Burt Absent: Hancock MOTION CARRIED 5 Ayes, 1 No Deputy Presiding Officer Austerman passed the gavel back to Presiding Officer McFarland. 2. Sale of Kodiak Island Hospital and Care Center Admin House at 1921 East'Rezanof Drive. moved to approve the sale of the Kodiak Island Hospital and Care Center Admin House at 1921 East Rezanof Drive to T C Enterprises of Kodiak in the amount of $2,175. Acting Mayor Freed stated the high bidder was T C Enterprises of Kodiak. At questions raised, Acting Mayor Freed stated two bids were received. She outlined the time frame for the bidding process per Borough code. VOTE ON MOTION TO APPROVE Ayes: NnAc Nnno Absent: Hancock MOTION CARRIED Unanimous Monroe, Austerman, Burt, Gould, Milligan, McFarland SALE OF KIH ADMIN HOUSE Regular Assembly Meeting Volume XVIII July 26, 1994 Page 242 n 3. Resignation of Planning and Zoning Commissioner. MONROE, seconded by MILLIGAN There was no discussion by the Assembly. VOTE ON MOTION TO ACCEPT Ayes: Austerman, Burt, Gould, Milligan, Monroe, McFarland Noes: None Absent: Hancock MOTION CARRIED Unanimous 9 moved to accept, with regret, the resignation of Planning and Zoning Commissioner Renato Asuncion effective August 1, 1994 and direct the clerk to advertise the vacancy per borough code. P & Z COMMISSIO1 INFORMATIO' INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS None. B. REPORTS 1. Kodiak Island Borough School District May, 1994 Financial Report. C. OTHER None. CITIZENS' COMMENTS None. ASSEMELYMENEER COMMENTS Assemblymember Gould felt the Borough had the vision to effectively plan for tidal waves but a plan for replacement and development was needed. MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS ASSEMBLVMEMRRR COMMENTS Regular Assembly Meeting Volume XVIII July 26, 1994 Page 243 ) n It occurred to Assemblymember Burt that the Assembly fought over a quarter of a mil during the budget process and how easy it was to spend money. Assemblymember Austerman noted the attorney's opinion regarding Assemblymembers serving as voting memebers on boards and commissions was not received. He conjectured that the Assembly hire another attorney to supply the opinion and charge the fees to the Borough attorney. He appreciated the efforts of the Planning and Zoning Commission and clarified that his negative vote on Ordinance No. 94 -08 was not a reflection of that, but the feeling that additional work was needed. He reported on the joint Assembly /Council worksession where the City indicated they would withdraw the annexation petition based on a letter from the Local Boundary Commission (LBC) that referenced a draft position paper from the Borough. Acting Mayor Freed informed the Assembly that the LBC requested a copy of the draft position paper because it was mentioned in the June 30 worksession notes. She testified before the LBC on behalf of the Borough and clearly defined that worksession discussion was informal, no decisions were made and no position taken. She spoke with LBC staff and felt it was understood the position paper was drafted by Borough staff for information only and did not represent the Assembly's position. She said the letter from the LBC to the City made recommendations based on other annexation efforts and outlined an annexation request where property owners and registered voters supported annexation and the LBC asked for reconsideration of their actions. She felt the position of the Borough was reflected and supported by the letter. Assemblymember Monroe was excused at 10:17 p.m. Assemblymember Austerman referred to an article in the newspaper regarding the Peterson Elementary School remodel and asked for an update from Steve Hobgood, Engineering /Facilities Department director. Director Hohaood explained that the project was behind schedule due to the Sea -Land strike and major changes that included the hot water tank, plumbing, dropped ceilings in classrooms and covering plumbing in ceilings. He said there was controversy regarding the effort expended by the contractor prior to starting the project. He said additional people were hired and a new superintendent and full -time Regular Assembly Meeting July 26, 1994 Volume XVIII Page 244 inspector were on board and the project was progressing smoothly. He anticipated completion of the classrooms, kitchen, cafeteria, library, computer room, playground and building exterior prior to the start of school. He said the gym, entrance lobby, bathrooms and storage area near the entrance lobby and the remainder of the site work would be completed within three weeks of the start of school. When Assemblymember Austerman questioned securing liquidation damages from the contractor, Director Hobgood said the ability to prove damages beyond a reasonable doubt was questionable. Director Hobgood added that parents addressed the school board regarding the future addition of four classrooms. He said in response to that, utilities on the proposed site were moved because it was less expensive now than later. When Assemblymember Austerman questioned.the contract for cleaning the bike path, Acting Mayor Freed stated the Parks & Recreation budget funded the cleaning and she would check the status. Presiding Officer McFarland announced the Assembly would meet in a work session on Thursday, July 28 at 7:30 p.m. in the borough conference room and regular meeting on Thursday, August 4, at 7:30 p.m. in the assembly chambers. Presiding Officer McFarland requested a work session update on the Chiniak tsunami site development. MILLIGAN, moved to seconded by GOULD adjourn. VOTE ON MOTION TO ADJOURN MOTION CARRIED ATTEST: There being no further business to come before the Assembly, the meeting adjourned at 10:24 p.m. Borough Clerk Appmvo& 08/t8/94 Unanimous voice vote e C ' Pr Officer 14t - %tL✓ - ADJOURNMENT Regular Assembly Meting Volume XVIII July 26, 1994 Page 245