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1980-05-01 Special MeetingKODIAK ISLAND BOROUGH ASSEMBLY MEETING - MAY 1, 1980 (A Verbatim Record is on file in the Clerk's Office) I CALL TO ORDER The meeting was called to order by Acting Deputy Mayor Dan Ogg at 6:30 P.M. in the Borough Assembly Chambers. II ROLL CALL Present Absent Mr. Anderson Mr. Cannon Mr. Herrnsteen - excused (fishing) Mr. Jack - unexcused (fishing) Mr. Ogg Mr. Peotter Mayor Wallin - excused A quorum was established. III ACCEPTANCE OF AGE14DA Mr. Peotter moved to accept the Agenda as printed. Seconded by Mr. Anderson. Mr. Ogg asked that A.(1) Communication from the Manager be added under Communications & Appearances. He also asked that G. Financial Statement - March, 1980 be added under New Business. Mr. Anderson moved to close the agenda. Seconded by Mr. Peotter Unanimous roll call vote. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Special - March 27, 1980 B. Assembly - Special - April 3, 1980 C. Assembly - Regular - April 3, 1980 D. Assembly - Special - April 19, 1930 Mr. Anderson moved to accept Items A, B, C & D as presented. Seconded by Mr. Cannon. Unanimous voice vote. V MINUTES OF OTHER MEETINGS A. School Board - Regular - March 31, 1980 & April 14, 1980 B. P & Z - Regular - March 19, 1980 C. O.C.S.- Regular - March 10, 1979 & December 11, 1979 Mr. Peotter moved for unanimous acceptance of Items A, B & C. Seconded by Mr. Cannon. Unanimous voice vote. VI COMMUNICATIONS & APPEARANCES A. (1) Communication from the Manager Mr. Hansen presented Mrs. Jo Hajdu an award from the State of Alaska, State Legislature. Mr. Ogg congratulated Mrs. Hajdu on behalf of the Borough Assembly. A. Memo re: Vacancies & Recommendations on O.C.S. Advisory Council Mr. Peotter advised that this item should be passed over until the Mayor is present. The Clerk was directed to advertise so that names will be available for the June meeting. KIB ASSEMBLY MI14UTES - MAY 1, 1980 PAGE 2 VII BOARD OF ADJUSTMENT A. Ross Kendall Mr. Ogg read letter from Mr. Kendall requesting postponement until the June 5 meeting because of being out of town fishing. Mr. Cannon moved for postponement until June 5. Seconded by Mr. Peotter. Unanimous voice vote. B. Lenhart Grothe Mr. Cannon moved that the Lakeview Subdivision be reconsidered by the Planning & Zoning Commission and that they take a very good look at the legal ramifications of their decision at that time. Seconded by Mr. Peotter. Unanimous roll call vote. Mr. Anderson moved to delay the Board of Appeals hearing until the June regular meeting. Seconded by Mr. Cannon. Unanimous voice vote. Mr. Peotter requested the Manager to have the attorney draw up an ordinance drafted officially making the assembly a Board of Appeals for subdivision appeals. VIII PUBLIC HEARINGS A. Ord. No. 80-16-0 Amending The Class Title And Pay Range Table Of The KIB Personnel Rules And Regulations (2nd Reading) Mr. Cannon moved to adopt Ordinance No. 80-16-0. Seconded by Mr. Peotter. Regular Session closed: Public Hearing opened: Ms. Carol Smother, member of the Personnel Board, advised that the Personnel Board felt these descriptions were adequate and recommended them for approval. Public Hearing closed: Regular Session opened: The motion carried by unanimous roll call vote. B. Ord. No. 80-17-0 Providing For The Issuance Of $12,100,000 General Obligation School Construction Bonds Of The Borough And Fixing Details Of School Bonds Mr. Hansen asked that the following information be added to page 4 of the ordinance: The date should be July 1 in the first sentence. The amounts column should read:$ 325,000 $ 350,000 $ 375,000 405,000 $ 440,000 $ 475,000 $ 510,000 $ 555,000 $ 600,000 $ 645,000 $ 695,000 $ 755,000 $ 815,000 $ 880,000 $ 950,000 $1,025,000 $1,105,000 $1,195,000 On page 5: Section 6, first paragraph: the month (June) should be JULY 1, 1980. 1 9 0 9 7 ,. KIB ASSEMBLY MINUTES - MAY 1, 1980 PAGE 3 On page 8: Section 13: the month (June) should be JULY 1, 1980. On page 10: last paragraph: the month (June) should be JULY, 19 On page 11: first paragraph: the month (June) should be JULY and the month (December) should be JANUARY. last paragraph: the month (June should be JULY. On page 12: first paragraph: the month (June) should be JULY 1, 1990 On page 13: last sentence: the month (June) should be JULY, 1980. On page 15: first paragraph: the month (June) should be JULY and the month (December) should be JANUARY and under the column, Amount, add the same figures as listed on page 4 On page 16: "THIRD PARAGRAPH": the month (June) should be JULY Mr. Peotter moved to adopt Ordinance No. 80-17-0 as amended. Seconded by Mr. Anderson. Regular Session closed: Public Hearing opened: Susanne Harmony, P.T.A. President at Main Elementary School, spoke in favor of the ordinance. Jim Olson, member of KIB School Board, urged passage of this ordinance. Public Hearing closed: Regular Session opened: Motion carried by unanimous roll call vote. C. Ord. No. 30-18-0 Amending Title 17 Of The KIB Code Pertaining To Offstreet Parking, Offstreet Loading and Setback Requirements Mr. Peotter moved to adopt Ordinance No. 80-18-0. Seconded by Mr. Cannon. Regular Session closed: Public Hearing opened: Carol Lechner, expressed that she would like to be sure that all permits have proper review for parking. Presented questions -for- the City Engineer for clarification. Public Hearing closed: Regular Session opened: Mr. Cannon moved to amend 17.57.050 A. by deleting other than for a one or two-family dwelling, B. is to read The Building Official shall review all parking area plans and the Planning u Zoning Commission may review any parking area plan except for a one or two-family dwelling for conformity to this title. Seconded by Mr. Anderson. Unanimous voice vote. Mr. Cannon moved to amend 17.57.060 A. by deleting one or two-family, and add -residential. Seconded by Mr. Peotter. Mr. Cannon moved to amend, by substitution, 17.57.060 A. by deleting one or two family, under 17.57.060 C. 2. by deleting nursing homes and multi -family dwellings. Seconded by Mr. Anderson, The amendment by substitution carried by unanimous voice vote. The main motion carried by unanimous voice vote. KIB ASSEMBLY MINUTES - MAY 1, 1980 PAGE 4 D. Ord. No. 30-20-0 Whether The Borough Should Exempt Its Municipal Officers From Chapter 39.50 Of The Alaska Statutes Pertaining To Conflict Of Interest, And Enacting Chapter 2.40 Of The KIB Code Pertaining To Financial Disclosure And Conflict Of Interest Mr. Peotter moved to adopt Ordinance No. 80-20-0. Seconded by Mr. Cannon. Regular Session closed: Public Hearing opened: Carol Lechner: wanted to clarify a statement that had been made at last months assembly meeting that this did not go to the City voters. because we were a Home Rule City, that statement was incorrect. In 1976 the City Council put on the ballot to opt out of the State law and it failed. In 1977 this ordinance was passed and then put on the ballot asking the voters to opt out, which passed. Public Hearing closed: Regular Session opened: Mr. Peotter moved to amend 2.40.060 D. by adding the word substantially between "a" and "direct" and by changing the word "pecuniary" to financial in the second line. Seconded by Mr. Cannon. Unanimous voice vote. Main motion as amended carried by unanimous roll call vote. IX OLDIBUSINESS A. Russell Estates Manhole Installation Mr. Cannon moved to have the Borough Manager find out if they in fact require a manhole with this 1978 City resolution and delay action until the June meeting. Seconded by Mr. Anderson. Mr. Anderson asked that Mr. Rolland Jones and Mr. Barry Still be in attendance at the June meeting. Unanimous voice vote. B. Ord. No. 80-19-0 Amending KIB Code Title 17 To Reorganize The Residential, Unclassified And Conservation Use District Regulations And Related Definitions And Conditional Use Standards Mr. Peotter moved to move from the table Ordinance No. 80-19-0. Seconded by Mr. Ogg. Unanimous voice vote. Mr. Ogg moved to adopt Ordinance No. 80-19-0. Seconded by Mr. Cannon. Motion failed 1-3 with Mr. Peotter casting the YES vote. ** C. Ord. No. 80-10-0 Amending The Comprehensive Land Use Plan From Medium Density Residential And Public And Open Space To Business (Kelso, Pearman, Gudenau & Bulen) Mr. Peotter moved to move from the table Ordinance No. 80-10-0. Seconded by Mr. Ogg. Unanimous voice vote. Mr. Peotter moved to adopt Ordinance No. 80-10-0. Seconded by Mr. Cannon. Unanimous roll call vote. ** D. Ord. No. 80-11-0 Rezoning Certain Lands Within The Borough From Unclassified To Business (Lots 17A, 17B, 18 & 19 USS 3098) (Kelso, Pearman & Gudenau) Mr. Peotter moved to move from the table Ordinance No. 80-11-0. Seconded by Mr. Cannon. Unanimous voice vote. Mr. Anderson moved to adopt Ordinance No. 80-11-0. Seconded by Mr. Peotter. Unanimous roll call vote. **Ords. 80-10-0 & 80-11-0 had Public Hearings at the April Meeting and were on the May Agenda due to requests. KIB ASSEMBLY MINUTES - MAY 1, 1980 PAGE 5 R ** E. Ord. No. 80-12-0 Rezoning Certain Lands Within The Borough From Unclassified To Business (Lots 20, 21 & 22 USS 3098)(Bulen) Mr. Peotter moved to move from the table Ordinance No. 30-12-0. Seconded by Mr. Anderson. Unanimous voice vote. Mr. Peotter moved to adopt Ordinance No. 80-12-0. Seconded by Mr. Cannon. Unanimous roll call vote. ** F. Ord. No. 80-13-0 Amending The Comprehensive Land Use Plan Effecting Certain Lands Within The Borough Mr. Peotter moved to move from the table Ordinance No. 80-13-0. Seconded by Mr. Cannon. Unanimous voice vote: Mr. Peotter moved to adopt Ordinance No. 80-13-0. Seconded by Mr. Cannon. Unanimous roll call vote. Roberta Lochman: stated this would be agreeable with the Girl Scouts. Mr. Peotter moved, upon the completion of the Girl Scout survey, that the Manager be directed to write to the B.L.M. on behalf of the Borough voicing no objection to their use of that land and granting of a lease for a Girl Scout encampment the land they anticipate having surveyed. Seconded by Mr. Cannon. Unanimous voice vote. ** G. Ord. No. 80-14-0 Rezoning Certain Lands Within The Borough From Unclassified To Industrial Mr. Peotter moved to move from the table Ordinance No. 80-14-0. Seconded by Mr. Cannon. Unanimous voice vote. Mr. Peotter moved to adopt Ordinance No. 80-14-0. Seconded by Mr. Cannon. Unanimous roll call vote. MANAGERS REPORT 1. Village School Power Generation Mr. Anderson moved that Mr. Jones' proposal be taken for the school power generation. Seconded by Mr. Cannon. Unanimous voice vote. 2. KCM-Wastewater Facility Plan, Service District I Contract Information only. Mr. Ogg directed the Clerk to continue the advertisement for the Service District I and also notify the applicants that have applied of the postponement of appointment until the next meeting. 3. Hospital Roof Repair or Replacement Information only. 4. Karluk Advisory School Board Invitation to Visit Village Mr. Jerry Sheehan, Chairperson of Karluk Advisory School Board, appeared before the assembly to express their hopes that the Assembly will get out to Karluk for a visit. Also, presented Plans that were drawn. Mr. Gary Shepard, Asst. Village Area Principal, felt they could help the travel situation for the Assembly when their board members go to Karluk if the charter can be worked out at that time. Feels it is very critical that the Assembly come out and look at the facility. 5. Tryck, Nyman & Hayes City Study on Garbage Dump Sites -Info Only Mr. Anderson moved to authorize the Manager to pursue the Salonie Creek Dumpsite. Seconded by Mr. Cannon. Unanimous voice vote. ** Ords. 80-12-0, 80-13-0 & 80-14-0 had Public Hearings at the April Meeting and were on the May Agenda due to requests. KIB ASSEMBLY MINUTES - MAY 1, 1980 PAGE 6 6. Hospital Parking Lot No objection from the Assembly to the Manager pursuing proposals for the repair of the front parking lot. 7. Bells Flats Subdivision Survey No objection from the Assembly to the Manager pursuing the surveying of the Bells Flats property. 8. Executive Session - INS (Confidential Handout) Mr. Peotter moved to go into Executive Session to discuss legal matters. Seconded by Mr. Cannon. Unanimous roll call vote. The Assembly reported out of Executive Session at 11:05 P.M. Mr. Peotter moved that the attorney continue with the negotiations on the litigation with I.N.S.. Seconded by Mr. Cannon. Unanimous voice vote. XI NEW BUSINESS A. Ord. No. 80-22-0 Revising the KIB Municipal Code Item 3.20.090 (1st Rdg.) Mr. Peotter moved to adopt Ordinance No. 80-22-0 in the first reading. Seconded by Mr. Cannon. Unanimous voice vote. B. Ord. No. 80-23-0 Enacting Chapter 8.08 Of The KIB Code, Providing For The Establishment And Operation Of The Mental Health Center Governing Board (1st Rdg.) Mr. Peotter moved to adopt Ordinance No. 80-23-0 in the first reading. Seconded by Mr. Cannon. Unanimous voice vote. C. Res. No. 80-20-R Granting Final Plat Approval For Subdividing Tract G-A, USS 1396 Into Three Lots, G-2, G-3 & G-4 (Rolland A. Jones)- Mr. Peotter moved to adopt Resolution No. 80-20-R. Seconded by Mr. Cannon. Mr. Cannon moved to table Resolution No. 80-20-R pending the outcome of Planning & Zonings hearing on Lakeview Subdivision. Seconded by Mr. Anderson. Motion failed 2-2 with Mr. Ogg and Mr. Peotter casting the NO votes. The main motion failed 2-2 with Mr. Anderson and Mr. Cannon casting the NO votes. Mr. Peotter moved to reconsider and spread on the minutes. Seconded by Mr. Ogg. D. Ord. No. 80-15-0 Enacting Section 3.16.085 Of The KIB Code Requiring Furnishing Of Bonds On Certain Borough Construction (1st Rdg.) Mr. Anderson moved to adopt Ordinance No. 80-15-0. Seconded by Mr. Cannon. Motion failed unanimously.(0-4) E. Monthly Building Activity Reports - Jan., Feb. and March, 1980 Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Cannon. Unanimous voice vote. F. School District Report Of Revenue & Expenditures for March 1980. Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Cannon. Unanimous voice vote. •7 , KIB ASSEMBLY MINUTES - MAY 1, 1980 PAGE 7 G. March Financial Statement Mr. Peotter moved to acknowledge receipt Unanimous Voice Vote. XII MAYORS COMMENTS Mayor not present. XIII ASSEMBLY COMMENTS Mr. Anderson: No Comment Seconded by Mr. Cannon. Mr. Cannon: Introduced Ordinance No. 80-24-0 Amending Title 17 Of The KIB Code Pertaining To Enforcement Procedure, Penalties And Remedies, And Appeals. (1st Reading) Mr. Cannon moved to adopt Ordinance No. 80-24-0. Seconded by Mr. Anderson. Unanimous roll call vote. Read letter to Mayor Wallin, Borough Assembly and Borough Citizens tendering resignation as Borough Assemblyman effective May 2, 1980. (Personal reasons) Mr. Peotter moved to accept the resignation of Assemblyman Cannon. Seconded by Mr. Anderson. Unanimous roll call vote. Mr. Peotter: No Comment Mr. Ogg: RE: Procedure in which Mr. Grothe's Subdivision was handled by the Planning Dept. and the avenues through which the Planning Commission dealt with their duties under Title 16. Seemed that they overstepped their bounds in talking about things that don't particularly concern themselves with sub- divisions and started talking about things that dealt more with the zoning item. I feel that the Director of the Planning Dept. in that area was very helpful to the Commission in keeping them in line and certain of these suggestions which were erroneous. XIV AUDIENCE COMMENTS None XV ADJOURNMENT The meeting adjourned at 11;40 P.M.. r\l , , Acting Deputy Boro gh Mayor ATTEST: Borough Cler`W