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1980-06-05 Regular Meeting-100,12 0037^ KODIAK ISLAND BOROUGH ASSEMBLY MEETING - JUNE 5, 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 Dave Herrnsteen at 6:30 P.M. in the Borough Assembly Chambers. II ROLL CALL r--� Present Mr. Anderson Mr. Herrnsteen Mr. Jack Mr. Ogg Mr. Peotter A quorum was established. III ACCEPTANCE OF AGENDA Mr. Ogg asked that Item I. Attorney's Report be added under New Business. Mr. Anderson moved to close the agenda. Seconded by Mr. Jack. Unanimous voice vote. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Special - April 22, 1980 (cont. April 26) B. Assembly - Special - April 23, 1980 C. Assembly - Regular - May 1, 1980 D. Assembly - Special - May 17, 1980 Mr. Anderson moved to accept Items A, B, C and D. Seconded by Mr. Ogg. Mr. Ogg noted a correction'on the May 17 minutes under item III 2. the last motion was seconded by Mr. Peotter. V MINUTES OF OTHER MEETINGS A. Personnel Advisory Board - March 24, 1980 B. Board of Equalization - May 6, 1980 C. School Board - Regular - April 28, 1980 - Special - April 30, 1980 Special - May 7, 1980 - Regular May 12, 1980 D. O.C.S. - April 15, 1980 E. Mental Health - April 16, 1980 Mr. Anderson moved to accept Items A, B, C, D and E. Seconded by Mr. Ogg. Unanimous voice vote. VI COMMUNICATIONS & APPEARANCES F. Borough Assembly Seat Applicants Mr. Peotter moved that Mr. David Wakefield be appointed to fill the seat vacated by Mr. Cannon until the October election. Seconded by Mr. Jack. Unanimous voice vote. Mr. Peotter moved that a Special Meeting be held on June 17, 1980 to appoint a mayor and any assemblyman if a vacancy should occur; also that the other names submitted for this vacancy be retained on file and that other individuals be allowed to submit their names with the deadline being June 13, 1980. Seconded by Mr. Ogg. Unanimous voice vote. A. Jerome Selby re: Health Resources Advisory Council (Res. No. 80-25-R) Mr. Ogg moved to adopt Resolution No. 80-25-R. Seconded by Mr. Anderson. Unanimous roll call vote. Deputy Mayor Herrnsteen terminated Phyllis Kaufman and Jennie Erickson as recommended by Mr. Selby and requested that the Clerk advertise for replacements. i 7 n KIB ASSEMBLY MINUTES - JUNE 5, 1980 PAGE 2 B. Letter from Mr. Gene Bradley No Action C. Letter from Mr. Okey Chandler Mr. Peotter moved that acknowledgement of receipt of letter be sent to Mr. Chandler and that it be placed on the regular June work session. Seconded by Mr. Jack. Unanimous voice vote. D. Service District I Applicants Deputy Mayor Herrnsteen appointed the following: (1) Susan Klemzak (2) Scott Arndt (3) Okey Chandler (4) Pat Schneider (5) Elizabeth Vogeler (6) Norman Wooten (7) Jim Poulos Mr. Ogg moved ,nonobjection to the appointment of the seven members above. Seconded by Mr. Peotter. Unanimous roll call vote. Mr. Ogg requested that the Clerk inform the applicants of their appointment and also schedule a beginning meeting with the Manager presiding over the first meeting. E. O.C.S. Applicants Mr. Peotter moved for the concurrence of the appointment of Dave Thompson to the O.C.S. Advisory Council for a (2) year term. Seconded by Mr. Jack Unanimous voice vote. Mr. Peotter moved to ratify the appointment of Steven Hunter-Rennell for a (2) year seat on the O.C.S. Advisory Council. Seconded by Mr. Jack. Unanimous voice vote. Mr. Peotter moved for the ratification of the appointment of Mark Routzahn to the O.C.S. Advisory Council for a (2) year term. Seconded by Mr. Jack. Unanimous voice vote. Mr. Peotter moved for the ratification of the appointment of Roger Brigham for the (1) year term on the O.C.S. Advisory Council. Seconded by Mr. Jack. Unanimous voice vote. The Clerk was requested to readvertise for more candidates and the Mayor will appoint someone to the remaining seat at the July meeting. VII BOARD OF ADJUSTMENT A. Mr. Ross Kendall Mr. Kendall requested that his appeal be withdrawn. (6:55 P.M.) VIII PUBLIC HEARINGS A. .Ord. No. 80-22-0 Revising The KIB Municipal Code Item 3.20.090 (2nd Rdg.) Mr. Peotter moved for the adoption of Ordinance 80-22-0 in the second reading. Seconded by Mr. Ogg. Regular Session closed: Public Hearing opened: Mr. Okey Chandler: Suggested that more time should be allowed so that the people living in the bush could get into town. Public Hearing closed: Regular Session opened: Mr. Peotter, with the consent of his second, withdrew the motion above. KIB ASSEMBLY MINUTES - JUNE 5, 1980 PAGE 3 Mr. Peotter moved to pass the "substitute" Ordinance No.80-22-0 in the second reading. Seconded by Mr. Ogg. Regular Session closed: Public Hearing opened: No comments Public Hearing closed: Regular Session opened: Motion carried by unanimous roll call vote. B. Ord. No. 80-23-0 Enacting Ch. 8.08 Of The KIB Code, Providing For the Establishment And Operation Of The Mental Health Center Governing Board (2nd Mr. Anderson moved to adopt Ordinance 80-23-0. Seconded by Mr. Ogg. Regular Session closed: Public Hearing opened: No Comments Public Hearing closed: Regular session opened: Mr. Ogg moved to amend Ordinance 80-23-0 under 8.08.020. Compensation by putting a period after Assembly and deleting the rest of the sentence. Seconded by Mr. Peotter. Unanimous voice vote. Motion carried by unanimous roll call vote. C. Ord. No. 80-24-0 Amending Title 17 Of The KID Code Pertaining To Enforcement Procedure, Penalties and Remedies, And Appeals (2nd Rdg.) Mr. Anderson moved to adopt Ordinance No. 80-24-0. Seconded by Mr. Ogg. Regular Session closed: Public Hearing opened: Bill Williams: Spoke against the ordinance. Feels that the ordinance is very strong language and doesn't satisfy his requirements at all. Public Hearing closed: Regular Session opened: Mr. Ogg moved to amend Ordinance No. 80-24-0 by adding on the last page under C. a new Section 4. That the date of passage of this ordinance creates a new grandfather or non -conforming use date, June 5, 1980. Any zoning or building violation; except matters presently under litiga become legal as of this date June 5, 1980 and shall be termed a non- conformina use. Seconded by Mr. Peotter. Ampndmpnt rarripd4-1`with ng the NO vote. Mr. Jack moved to delete 17.66.010 A. from this ordinance. Seconded by Mr. Peotter. Motion failed 1-4 with Mr. Jack casting the YES vote. Main motion carried by unanimous roll call vote. D. Ord. No. 80-21-0 KIB Budget FY 1980-81 Mr. Ogg moved to adopt Ordinance No. 80-21-0. Seconded by Mr. Peotter. Regular Session closed: Public Hearing opened: No comments Public Hearing closed: Regular Session opened: Mr. Ogg moved to table Ordinance No. 80-21-0 until a special meeting on June 7, 1980 at 2:00 P.M. Seconded by Mr. Anderson. Unanimous voice vote. Mr. Peotter requested a work session starting at 9:30 A.M. on June 7 to review this ordinance with the manager. KIB ASSEMBLY MINUTES - JUNE 5, 1980 PAGE 4 IX OLD BUSINESS A. Res. No. 80-20-R Approving The Final Subdivision Of Tract G-A, USS 1396 Into Three Lots, G-2, G-3 and G-4 (Rolland A. Jones)(Reconsideration) Mr. Peotter moved to adopt Resolution No. 80-20-R. Seconded by Mr. Cannon. Unanimous roll call vote. B. Res. No. 80-21-R Requesting The Utilization And Allocation Of Funds For The Construction Of The Remaining Segments Of Sawmill Circle And Lakeview Drive. Mr. Ogg moved to adopt Resolution No. 80-21-R. Seconded by Mr. Jack. Unanimous roll call vote. C. Res. No. 60-26-R Requesting Of The U.S. Dept. Of Housing And Urban Development To Reserve Funds To Construct Low Rent Public Housing Units In The Kodiak Area Mr. Anderson moved to adopt Resolution No. 80-26-R. Seconded by Mr. Ogg. Mr. Ogg moved to amend Resolution No. 80-26-R by changing the word "approve" to "support" after Borough,, in the last sentence. Seconded by Mr. Jack. Amendment carried 4-1 with Mr. Peotter casting the NO vote. Main motion carried 4-1 with Mr. Peotter casting the NO vote. X MANAGERS REPORT 1. Manhole Installation - Selief Lane Mr. Peotter moved that the bill,subhiitted=_by the, in the amodnt:of. $4,834c14 be paid to 'the-City-and;-.the_balance be returned to thespdster of "K the bond. Seconded by Mr. Jack. Motion failed 3-2 with Mr. Anderson and Mr. Ogg casting the NO votes. Mr. Anderson moved to return the bond to Mr. Russell and that the Borough pay the City for the cost of the Manhole. Seconded by Mr. Ogg. Motion carried 4-1 with Mr. Jack casting the NO vote. 2. Chamber of Commerce Request for In -Kind Service in the Amount of $5,400. Mr. Ogg moved to table until the work session on Saturday. Seconded by Mr. Peotter. Unanimous voice vote. 3. Elks Request for Participation in July 4 Fireworks Display Mr. Peotter moved that the Borough appropriate $3,000 to the Elks for the fireworks display. Seconded by Mr. Jack. Unanimous voice vote. 4.-.School District Memo Re: KIBSD Meeting of April 28, 1980. 5. School District Memo Re: Facilities Development. Mr. Anderson moved to commit funds for Mr. Bob Thomas' salary through the summer. Seconded by Mr. Peotter. Mr. Ogg moved to amend to make it $6,755. Seconded by Mr. Anderson. Unanimous voice vote. Motion carried by unanimous voice vote. 6. Memo Re: Survey & Replatting Proposals, Bells Flats/Russian Creek Subds. Mr. Peotter moved to accept the proposals of Mr. Ecklund for field monumen- tation and replatting of Russian Creek - Tracts A, B, C, G, H, I, J, and A.S.L.S. 72-11, Bells Flats - Tract A and Russian Creek - Lots 3, IS, 20, 21, 22, 23 and 24A-in the amount of $38,098. Seconded by Mr. Jack Unanimous voice vote. KIB ASSEMBLY MINUTES - JUNE 5, 1980 PAGE 5 XI 7. Access Road to Civil Defense Storage Building 152 (USCG) Mr. Anderson moved to award the bid to Island Sand and Gravel for $1,658.75. Seconded by Mr. Ogg. Unanimous voice vote. B. Generator Bids Mr. Anderson moved to accept Emerson GM Diesel, Inc.'s bid of $41,379 (FOB Kodiak). Seconded by Mr. Ogg. Unanimous voice vote. 9. Ord. No. 80-27-0 Amendment to Personnel Policy Rules & Regulations (1st Rdg) Mr. Peotter moved to adopt Ordinance No. 80-27-0. Seconded by Mr. Anderson. Unanimous voice vote. 10. Ord. No. 80-28-0 Amending Title 18 of the KIB Code Pertaining to Land Disposal Procedure (1st Rdg.) Mr. Ogg moved to adopt Ordinance No. 80-28-0. Seconded by Mr. Peotter. Unanimous voice vote. 11. Ord. No. 80-29-0 Enacting Title 4 of the KIB Code Pertaining to Service Areas. (1st Rdg.) Mr. Ogg moved to adopt Ordinance No. 80-29-0. Seconded by Mr. Ogg. Unanimous voice vote. 12. Chiniak School Remodel Estimates Mr. Peotter moved that the manager and facilities coordinator be authorized to proceed with Scheme B under the Chiniak School remodeling. Seconded by Mr. Ogg. Unanimous voice vote. 13. Memo from Mary Ann Kendall re: Instructional Space & Design Specifica- tions for Karluk, Chiniak, Old Harbor 1980. Information. 14. Memo re: Case No. 5-80-010, 5-80-011, 5-80-012 (Preliminary): Proposed Subdivision of Borough -owned Properties within the Bells Flats and Russian Creek Alaska Subdivisions (U.S. Survey 2539) Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Ogg. Unanimous voice vote. 15. Res. No. 80-27-R_Approving The Final Subdivision of Lot 18, Blk 7, Bells Flats Alaska Subdivision, U.S.S. 2539, Into Two Lots, Lots 18A and 18B, Blk 7, Bells Flats Alaska Subd. USS 2539 (Dale & Marie Rice) Mr. Ogg moved to adopt Resolution No. 80-27-R. Seconded by Mr. Peotter. Unanimous roll call vote. 16. Ord. No. 80-30-0 Rezoning Certain Lands Within The Russian Creek Alaska Subdivisions From Business To Industrial.(lst Rdg.) Mr. Peotter moved to adopt Ordinance No. 80-30-0. Seconded by Mr. Ogg. Motion failed 3-2 with Mr. Herrnsteen and Mr. Jack casting the NO votes. 17. Recommended that the July Assembly Meeting be moved to July 2. Mr. Anderson moved that the July Assembly Meeting be held July 2, 1980. Seconded by Mr. Peotter. Unanimous voice vote. NEW BUSINESS A. Ord. No. 80-25-0 Amending Title 16 Of The KIB Code To Provide For Subdivision Appeals To The KIB Assembly And Amending Related Provisions Pertaining To Enforcement Of Subdivision Approval. (1st Rdg.) Mr. Peotter moved to adopt Ordinance No. 80-25-0. Seconded by Mr. Ogg. Unanimous voice vote. - KIB ASSEMBLY MINUTES - JUNE 5, 1980 PAGE 6 B. Res. No. 80-22-R Recommending The Permits And Leases For Construction Of The Terror Lake Hydroelectric Project Be Granted. Mr. Peotter moved to adopt Resolution No. 80-22-R. Seconded by Mr. Jack. Unanimous voice vote. C. Ord. No. 80-26-0 Determining The Sum To Be Appropriated By The City Of Kodiak To The KIB To Equal Revenues Lost By The Borough Because Of The City's Exemption Of Personal Property Within Its Boundaries From The Borough's Personal Property Tax. (1st Rdg.) Mr. Peotter moved to adopt Ordinance No. 80-26-0. Seconded by Mr. Jack. Mr. Ogg moved to amend Ord. No. 80-26-0 by changing the existing "Section 2" to "Section 3" and adding the following as the new Section 2. Either part+_may withdraw from this agreement as long as the withdrawal occurs previous to the next calendar year. Seconded by Mr. Anderson. Unanimous voice vote. Mr. Anderson moved to amend Ord. No. 80-26-0 by changing the 20% to one cent (10. Seconded by Mr. Ogg. Amendment failed 1-4 with Mr. Anderson casting the YES vote. Motion carried by unanimous roll call vote on the main motion. D. Res. No. 80-23-R Designating The Borough Assessor Or His Successor To Proceed Under AS 29.10.369-540 To Enforce The Lien Of Taxes Against Real Property. Mr. Peotter moved to adopt Resolution No. 80-23-R. Seconded by Mr. Anderson. Unanimous voice vote. E. Res. No. 80-24-R Designating The Kodiak Daily Mirror, A Newspaper Of General Circulation Published. Within The KIB, For-The-P.ublication of The Tax Foreclosure List Of The KIB For 1979 And Prior Years And Related Notices. Mr. Peotter moved to adopt Resolution No. 80-24-R. Seconded by Mr. Jack. Unanimous voice vote. G. March & April 1980 Financial Statement Mr. Anderson moved to accept as presented. Seconded by Mr. Ogg. Unanimous voice vote. F. School District Report Of Revenue & Expenditures for April 1980. Mr. Ogg moved to acknowledge receipt. Seconded by Mr. Peotter. Unanimous voice vote. H. KIB School District Resolution No. 790-5 No Action. I. Attorney's Report. Information only. XII MAYORS COMMENTS None XIII ASSEMBLY COMMENTS Mr. Anderson: None Mr Ogg: O.C.S. Committee should work with the Governor's Staff or whomever it is to make suggestions as to which things should be withdrawn before the July 31 deadline re: Lease Sale 61. KIB ASSEMBLY MINUTES - JUNE 5, 1980 PAGE 7 Also, thanked Mr. Milligan for his three years of service to the Borough and asked that the Clerk have a certificate of appreciation made and sent to him. Mr. Jack: It's a wonderful feeling to have Spruce Cape Road dust -free. Mr. Peotter: Commended Mr. Herrnsteen on a very efficient meeting. Mr. Hansen: Request from the Staff for summer hours until September. (No objection from the Assembly.) XIV AUDIENCE COMMENTS Gary Smith: Feels that the people of Chiniak should be thanked for their efforts and especially for giving up something for another community. Glen Mathis: Would like for the assembly to address the matter of a zoning change for the industrial area re: resolution. Assembly reminded that the Bells Flats residents were invited to the work session, June 21 re: resolution. Bill Williams: re: Sales Tax Ordinance Study done a few years ago indicated that the people outside of the city pays approximately 40% of the sales taxes collected within the city. Bells Flats residents are looking forward to the land sale. Interested in homesites. Harry Milligan: Thanked the Assembly, Planning Commission, OEDP Committee and the OCS Council for help, support and hundreds of hours they have contributed to the community. XV ADJOURNMENT Mr. Anderson moved to adjourn. Seconded by Mr. Jack. Motion carried. The meeting adjourned at 11;15 P.M.. ATTEST: