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1980-10-02 Regular Meetingr KODIAK ISLAND BOROUGH ASSEMBLY MEETING - OCTOBER 2, 1980 (A Verbatim Record is on File in the Clerk's Office) I CALL TO ORDER The meeting was called to order by Mayor Ogg at 6:30 P.M. in the Borough Assembly Chambers. II ROLL CALL Present Absent Mr. Anderson Mr. Hansen - excused (out of town) Mr. Herrnsteen Mr. Jack - unexcused Mr. Peotter Mr. Selby Mr. Wakefield Mayor Ogg Mr. Herrnsteen was opposed to Mr. Jack being unexcused. A quorum was established. III ACCEPTANCE OF AGENDA Mayor Ogg requested that Item I. P & Z Appointment and Item J. Setting the Date for Ratification of the October 7 Election be added under COMMUNICATIONS & APPEARANCES. Under Public Hearings he deleted Item C. The mayor requested that Ord. No. 80-40-0 be added as Item D. under OLD BUSINESS and the Ord. No. 80-39-0 to follow as Item E. Mr. Anderson moved to accept the agenda as amended. Seconded by Mr. Selby. Unanimous voice vote. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Reg. - Sept. 4, 1980 (cont. Sept. 5) B. Assembly - Spec. - Sept. 20, 1930 Mr. Anderson moved to accept the minutes, Items A & B, as presented. Seconded by Mr. Herrnsteen. Unanimous voice vote. V MINUTES OF OTHER MEETINGS A. Kodiak Economic Development Comm. Aug. 27, 1980 B. School Board - Reg. - Aug. 25, 1980 Reg. - Sept. 8, 1980 C. Mental Health Center - Reg. - June 18, 1980 D. P & Z - Reg. - Aug. 20, 1980 Mr. Peotter moved to accept Items A, B, C & D. Seconded by Mr. Anderson. Unanimous voice vote. VI COMMUNICATIONS & APPEARANCES A. Memo re: Ratification of OCS By -Law Revisions Mr. Peotter moved to approve the proposed revisions of the OCS By -Laws as submitted. Seconded by Mr. Anderson. Mr. Tom Peterson, Chairman of OCS Advisory Council, requested that the Ratification of OCS By -Laws be tabled until the proper two-thirds vote is received from the Council. By -Laws state that it must be done during regular meeting. Mr. Anderson moved to table. Seconded by Mr. Selby. Unanimous voice vote. B. Memo re: Stand on Oil Lease Sale #60 / Tom Peterson Mr. Selby moved that the formal position of the Kodiak Island Borough on Lease Sale #60 be delay of the sale on the grounds of 1. Inadequate Document 2. Lack of Address of Cumulative Impact 3. Lack of Technological Capability of Oil Companies to Contain a Spill Kf¢ ASSEMBLY.. IINUTE,I-r)ct,? 2 19Y0 PAGE 2 And in the event the sale is consummated, we are adamantly opposed to drilling at this time south of the Cape Douglas Barren Islands line. Seconded by Mr. Wakefield. Unanimous voice vote. C. Memo from P & Z re: Selief Lane Extension Mr. Anderson moved to direct the Borough Manager to get together with the City Manager and come up with a solution for the contin- uation of Selief Lane, also that they try to work out something where Larch Street could empty out onto Mill Bay possibly between the Masonic Temple and the Harvester. Seconded by Mr. Herrnsteen. Unanimous voice vote. D. Appointment of CZM Technical Committee Mr. Wakefield moved that Mr. Hank Pennington, Mr. Wayne Marshall, Mr. Tim Hill, Mr. Forest Blau, Mr. Gordon Ryan or designee and Mr. Tom Azumbrado be appointed to the CZM Technical Committee. Seconded by Mr. Herrnsteen. Unanimous voice vote. E. Governoring Board of Mental Health Center Appointments Mayor Ogg appointed Janett Jett to the term expiring April 1, 1982 and G.B. Starr-Bresette to the term expiring April 1, 1983. Mr. Herrnsteen moved to ratify the appointments. Seconded by Mr. Peotter. Unanimous voice vote. F. Health Resources Council Appointments Mayor Ogg re -appointed Wayne Thompson and Marion Fitzgerald for three year terms, ending November 1983. Mr. Anderson moved to ratify the appointments. Seconded by Mr. Selby. Unanimous voice vote. The mayor appointed Cornelia M. Collins to the one year Consumer position, Carol White to the three year Consumer position, Joan Minks to the one year Provider position and Glen Harvey to the three year Provider position. Mr. Selby moved for ratification. Seconded by Mr. Anderson. Unanimous voice vote. G. O.C.S. Advisory Council Appointment Mayor Ogg appointed Benjamin H. Olds to the "at -large" position expiring March 1982. Mr. Anderson moved to ratify. Seconded by Mr. Herrnsteen. Unanimous voice vote. H. Hospital Advisory Board Appointment Mayor Ogg appointed Rod Kiefer and Delores Ossowski to the two vacancies for three year terms ending October 1983. Mr. Peotter moved to ratify. Seconded by Mr. Anderson. Unanimous voice vote. I. P & Z Appointment Mayor Ogg appointed Jim Ramaglia to fill the vacant City representative seat. Mr. Anderson moved to ratify. Seconded by Mr. Wakefield. Unanimous voice vote. J. Setting the Date for Ratification of the October 7 Election The chair would entertain a motion for October 14th at 6:30 PM. Mr. Selby so moved. Seconded by Mr. Peotter. Unanimous voice vote. VII PUBLIC HEARINGS A. Ord. 79-31-0 Request to Amend the Comprehensive Land Use Plan (Koniag, Inc.) 1 kIB ASSEMBLh MINUTtS 0 Oct. �, 080 PAGE 3 Mr. Anderson moved to remove Ordinance 79-31-0 from the table. Seconded by Mr. Selby. Unanimous voice vote. (Mr. Hansen moved to adopt Ord. 79-31-0. Seconded by Mr. Ogg.) Regular session closed: Public Hearing opened: Hank Eaton, Vice President, Investment Management, Koniag Inc.: Surveys, all the studies and just common sense point to Woman's Bay as one of the most desirable locations in Alaska to accomodate the development of the bottomfish. Stan Fischer, Attorney representing Koniag: In my view and in the view of Koniag, should you decide against this proposal in both the short and long term, the people of this community will suffer as you will have denied them the opportunity attending the expansion of any fish process- ing facilities in our community. And I might add, with no corresponding benefit to the community by doing so. Mayor Ogg read a letter from the Alaska Shrimp Trawlers Association supporting the classification of Woman's Bay as an industrial area. Lt. Cmdr. Kenny, Support Center Legal Officer: We haven't said we don't want anything, we haven't said we don't want bottom -fishing, what we have said is we don't want unlimited industrial expansion and the opportunity for that. I would offer contract zoning as an alternative. I don't think the Coast Guard is trying to be unreasonable and say, "Let's have a sterile Woman's Bay" what I am saying is that we would like to have a Woman's Bay that doesn't put the Coast Guard Communication Station out of business. -- Lt. Cmdr. Joe Bernard, Commanding Officer of Communication Station: the Communication Station consists of three major sites: Holiday Beach the Receiver Site, the Transmitter Site at Buskin Lake and the Terminal Building on Aviation Hill. The Receiver Site at Holiday Beach is a sophisticated site that provides service to both the Coast Guard Units that operate up in this area directly, but particularly those units operate to support the interest of the community here. Cmdr. Cassis, Chief of Electronics Engineering Branch at the 17th District Office: ft, responsibility is to design, install and maintain all electronic equipment the Coast Guard has in Alaska. We are committed to provide the services to the marine communication needs here in Alaska. Those services are really in jeopardy if we have uncontrolled industrial development in Woman's Bay. Cmdr. Dick Bundy, Chief of Communication on Admiral's Staff: We have a radio facsimile broadcast scheduled for Feb. 1 so that we can put out a weather map to the vessels in this area. Right now they're trying to do it from San Francisco and we've found out the product is no good. After a long hard battle we've gotten Headquarters to agree that we can broadcast from Kodiak. I'm afraid if we go with this industrial zoning it will possibly place the future of Kodiak in jeopardy. James Cobis: Feels the Assembly may be prejudiced. Stan Fischer:(rebuttal) The testimony presented here this evening simply confirms the major thrust of the arguments that I made. With the contracts that are presently in existence between Koniag and the Coast Guard, there isn't any possibility of this incompatibility. KIt ASSEMBLY)MINUTES -^pct, 2, 1980 PAGE 4 Lt. Cmdr. Kenny: (rebuttal) We are asking to get a compatible ending. We've got a facility and they want to bring one in, we want it to be compatible. We are saying that we need a light industrial classification. Public Hearing closed: Regular session opened: Mr. Herrnsteen moved to table for 90 days and at the same time have the Borough get a contract zoning ordinance and a definition between "industrial" and "light industrial". Seconded by Mr. Peotter. Mayor Ogg requested that the next time this comes before them it come up under Old Business. No objection from the Assembly. Motion failed 2-3 with Mr. Herrnsteen and Mr. Peotter casting the YES votes. �e, '5�p Ordinance No. 71-31-0 failed 3-2 with Mr. Herrnsteen and Mr. Peotter casting the NO votes. B. Ord. 79-33-0 Rezoning Approximately 46 Acres + Within USS 2539 From Conservation to Industrial (Koniag, Inc.j Item B automatically fails. D. Small Cities Community Development Block Grant Program Pre - application FY 81 Regular session closed: Public Hearing opened: NO COMMENTS 1. Mr. Selby: Development per the unadopted Parks & Recrea- tion plan would be the development of the bike trails. Mr. Peotter: Concurs with Mr. Selby. Park Improvement. 2. Mr. Peotter: Small World Housing. Acquiring & Moving. 3. Headstart Housing. Acquiring & Moving. 4. Mr. Peotter: Borough Storage Facility. Mr. Anderson & Mr. Wakefield concurred with Mr. Peotter. VIII OLD BUSINESS A. Subdivision of Tract A, Bells Flats AK Subd., USS 2539, KIB Land Survey 80-1 Mr. Anderson moved that the final plat be delayed until the following conditions are met: 1. Committment by the Borough Assembly to relocate Sargent Creek Road to its revised location adjacent to Tract "D" and Lot 4, Block 2; 2. Russian Creek Road between Block 3 and 4 be changed to Bells Flats Road; 3. Additional 10-foot utility easement to be placed along the rear line of Tract "E"; 4. Monumentation of all corners to be completed. Seconded by Mr. Wakefield. Unanimous voice vote. B. Vacation of Tracts A, B, C, G, H, I & J, Russian Creek AK Subd., & ASLS 72-11 & Replat to Lots A-1 thru A-6, Lots C-1, C-2 & C-3, & Lots 1 thru 25, Blk. 1, Russian Creek AK Subd., KIB Land Survey 80-2 Mr. Anderson moved to delay recording until the following conditions are met: 1. Committment by the Borough Assembly to construct Cottonwood Circle; 2. Review by utility companies for adequacy of utility easements; 3. Monumentation of all lot corners. Seconded by Mr. Peotter. Unanimous voice vote. KGB MSEMBL'� MINUTES 4-10cV. 2� 1980 PAGE 5 C. Vacation of Lots 3, 18, 20, 21, 22, 23 & 24A, Russian Creek AK Subd., USS 2539; and Replat to Lots 3A, 3B & 3C of Russian Creek AK Subd., & Lots 1-7, Blk. 2 & Lots 1-11, Blk. 3, Russian Creek AK Subd., USS 2539, KIB Land Survey No. 80-3. Mr. Anderson moved that the recording be delayed until the follow- ing conditions are met: 1. Committment from the Borough Assembly to construct Willow Circle; 2. Review by utility companies for adequacy of utility easements; 3. Drafting additions and corrections as follow: a) Indicate the vacation of a portion of Noch Circle through Lots 9 & 10, Block 3, and re -name the remainder of Noch Circle as "Noch Drive"; b) Completion of dimensioning of all lots, adding courses, bearings, distances, curve data and lot area of each lot where not shown; 4. Monumentation of all corners to be completed. Seconded by Mr. Wakefield. Unanimous voice vote. D. Ord. No. 80-40-0 Amending The Comprehensive Land Use Plan Effecting Lots 43 through 53, Block 12, Aleutian Homes Subdivision From Medium Density Residential to Business (Rodney Kiefer & Kevin Arndt) Mr. Anderson moved to remove Ordinance No. 80-40-0 from the table. Seconded by Mr. Wakefield. Motion carried 4-1 with Mr. Herrnsteen casting the NO vote. (Mr. Hansen moved to adopt Ordinance No. 80-40-0. Seconded by Mr. Anderson) Motion failed 1-4 with Mr. Anderson casting the YES vote. E. Ord. No. 80-39-0 Request to Rezone Lots 43-53, Blk. 12 Aleutian Homes Subd. From Residential to Business (Kevin Arndt & Rodney Kiefer) Item E. automatically fails. IX MANAGERS REPORT 1. Report on High School Student Projects Assisting the Borough's Energy Conservation Planning Efforts. Information only. 2. Surplus Housing Units Available for Purchase by Borough Mr. Anderson moved that the Borough purchase the four (4) houses. Seconded by Mr. Selby. Motion carried by unanimous roll call vote. 3. Status of Accounting Computer System Information only. 4. Status of Finance Officer Advertisements Information only. 5. Selection of Borough Contracting Officer Mr. Peotter moved to appoint the Manager as the Contracting Officer. Seconded by Mr. Anderson. Motion carried 4-1 with Mr. Wakefield casting the NO vote. 6. Approval of Contract with Haeg-Bettis Associates for the Design of East Elementary P.E. Facility Mr. Selby moved the approval of the contract with Haeg-Bettis Associates for the design of East Elementary for an amount not to exceed $198,152.00. Seconded by Mr. Herrnsteen. Unanimous roll call vote. 7. Status of Chiniak Landfill Information only. 1IB �SSEMBLX MINUTES Oqt. `2, 1980 PAGE 6 8. Change Work Session Date to October 25th. Assembly approved. NEW BUSINESS A. Building Permit Activity Report (Jan. 1 - Aug. 31, 1980) Mr. Anderson moved to accept the report. Seconded by Mr. Herrnsteen. Unanimous voice vote. B. Res. 80-44-R Making Formal Request For Inclusion of Eligible Employees In The State of Alaska Group Health Care & Life Insurance Benefits Plan In Conformity With Article 2, Sections 39.30.090 Through 39.30.100. Mr. Selby moved to adopt Resolution No. 80-44-R. Seconded by Mr. Anderson. Unanimous voice vote. C. Res. 80-43-R Establishing Amount Due From The City Of Kodiak For Taxes On Personal Property Within The City Limits Mr. Peotter moved to adopt Resolution No. 80-43-R. Seconded by Mr. Wakefield. Motion carried 4-1 with Mr. Herrnsteen casting the NO vote. D. Res. 80-48-R Approving The Borough Assessor's Tabulation Of Taxes Assessed On Property Belonging To Persons Who Qualify For The State of AK Senior Citizen Property Tax Program Mr. Selby moved to adopt Resolution No. 80-48-R. Seconded by Mr. Anderson. Unanimous voice vote. Mr. Selby moved that the Assembly approve a waiver for the list of names as prepared by the Assistant Assessor. Seconded by Mr. Peotter. Unanimous voice vote. E. Res. 80-49-R Approving The Borough Assessor's Tabulation Of Taxes Assessed On Property Belonging To Persons Who Qualify For The State Of AK Farm Use Program Mr. Anderson moved to adopt Resolution No. 80-49-R. Seconded by Mr. Wakefield. Unanimous voice vote. F. Bells Flats/Russian Creek Requests (1) payment of culvert orders Mr. Anderson moved that the Borough pay the four invoices a total of $9,435.80. Seconded by Mr. Wakefield. Unanimous roll call vote. (2) setting of a speed limit within BF/RC Mr. Anderson moved that the Kodiak Island Borough set a speed limit of 25 mph in the Bells Flats/Russian Creek Subdivisions, not including the State Highway. Seconded by Mr. Selby. Unanimous voice vote. (Bells Flats Road District will pay for the signs & installation.) (3) request for gravel agreement with Washington Mechanical Mr. Selby moved to adopt Resolution No. 80-51-R. Seconded by Mr. Herrnsteen. Unanimous voice vote. G. Res. 80-41-R Declaring Certain Real Property Surplus To The Borough's Needs & Authorizing The Sale Of The Same (Revised) Mr. Wakefield moved to adopt Resolution No. 80-41-R. Seconded by Mr. Selby. 1A AISERBLY?MINUTES --jOct} 2•-� 1480 PAGE 7 Mr. Anderson moved that Lot 5 & 6, Block 5, Monashka Bay AK Subdivision be deleted from the sale. Seconded by Mr. Herrnsteen. Unanimous voice vote. Mr. Selby moved to delete Tract A, Kadiak Alaska Subdivision from the sale. Seconded by Mr. Wakefield. Motion failed 2-3 with Mr. Herrnsteen and Mr. Selby casting the YES votes. Mr. Anderson moved that Lots 1-6, Blk. 1, Lots 1-4, Blk. 2 and Lots 1-4, Blk. 5 of Bells Flats AK Subdivision of Tract A be deleted from the sale and be reserved for public use as recommended by P & Z Commission; also, delete Lots 1 & 2, Blk. 4. Seconded by Mr. Selby. Unanimous voice vote. Mr. Herrnsteen moved to delete Block 3 of Bells Flats AK Subdivision of Tract A. Seconded by Mr. Wakefield. Amendment failed 2-3 with Mr. Herrnsteen and Mr. Wakefield casting the YES votes. Mr. Herrnsteen moved to delete Lots 1-15, Blk. 1 of Russian Creek Alaska Subdivision from the sale until such time as it can be rezoned. Seconded by Mr. Selby. Amendment carried 4-1 with Mr. Peotter casting the NO vote. Mr. Peotter moved to delete Lots 2 & 3, Blk. 2 of Russian Creek AK Subdivision from the sale. Seconded by Mr. Selby. Unanimous voice vote. The Chair would entertain a motion to change the number two (2) in Item 2 under BE IT FURTHER RESOLVED to one (1). Mr. Peotter so moved. Seconded by Mr. Herrnsteen. Unanimous voice vote. The Chair would suggest 10% in Item 4. Mr. Peotter so moved. Seconded by Mr. Anderson. Unanimous voice vote. Mr. Peotter moved that Block 3 of Bells Flats AK Subdivision be sold with the stipulation that there be a 100' buffer zone around the perimeter. Seconded by Mr. Wakefield. Mr. Selby moved to amend by substitution to remove 7.066 acres from Block 3 of Bells Flats AK Subdivision for a buffer strip to be taken off the north and east sides. Seconded by Mr. Anderson. Motion carried 4-1 with Mr. Peotter casting the NO vote.(!layor Ogg vetoed 11/6/80) Mr. Herrnsteen moved to delete Block 3 of Bells Flats AK Subdivision of Tract A from the sale. Seconded by Mr. Selby. Unanimous voice vote. Resolution No. 80-41-R as amended passed by unanimous voice vote. H. Mobile Medical Unit Equipment The Chair would entertain a motion to allow the expenditure of an increase of $1,300. Mr. Anderson so moved. Seconded by Mr. Peotter. Unanimous voice vote. I. Ord. 80-43-0 Amending The Comprehensive Land Use Plan From High Density Residential to Medium Density ( First Reading) Mr. Anderson moved to adopt Ordinance No. 80-43-0. Seconded by Mr. Peotter. Unanimous voice vote. J. Ord. 80-44-0 Rezoning Certain Land Within the Borough From R-3 to R-2 (Area Property Owners)(First Reading) Mr. Peotter moved to adopt Ordinance No. 80-44-0. Seconded by Mr. Wakefield. Unanimous voice vote. K. Ord. 80-45-0 Amending the Comprehensive Land Use Plan From Public & Open Space to Medium Density Residential(First Reading) Mr. Anderson moved to adopt Ordinance No. 80-45-0. Seconded by Mr. Wakefield. Unanimous voice vote. jKIB AS$EMB)LY MINUTES - Oct:?2,'1980 PAGE 8 L. Ord. 80-46-0 Rezoning Certain Land Within The Borough From Rural Residential to R-2 (P & Z Commission)(First Reading) Mr. Anderson moved to adopt Ordinance No. 80-46-0. Seconded by Mr. Wakefield. Unanimous voice vote. M. Res. 80-50-R Adopting Three (3) Official Updated Zoning Maps Mr. Peotter moved to adopt Resolution No. 80-50-R. Seconded by Mr. Selby. Unanimous voice vote. N. Ord. 80-47-0 Adopting Names and Renaming Certain Streets Within The KIB (First Reading) Mr. Peotter moved to adopt Ordinance No. 80-47-0. Seconded by Mr. Wakefield. Mr. Herrnsteen moved to amend by changing.Monashka Bay Highway to Road. Seconded by Mr. Wakefield. Amendment carried 4-1 with Mr. Peotter casting the NO vote. Main motion, as amended, carried by unanimous voice vote. 0. KIBSD Report of Revenues & Expenditures - August 1980 Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Herrnsteen. Unanimous voice vote. P. KIB Financial Statement thru August 1980 Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Herrnsteen. Unanimous voice vote. Q. Ratification of Election Judges Mr. Anderson moved to ratify the Election Judges as presented. Seconded by Mr. Selby. Unanimous voice vote. R. Lease/Option Agreement Chiniak Teacher Housing Mr. Anderson moved to accept the Lease/Option Agreement for Chiniak Teacher Housing. Seconded by Mr. Peotter. Unanimous voice vote. S. Award of Clearing & Grubbing Contract Mr. Anderson moved to accept the Clearing & Grubbing Contract of Sawmill Circle & Lakeview Drive with Timberline, Inc. in the amount of $1,610.29. Seconded by Mr. Selby. Unanimous voice vote. XI MAYORS COMMENTS 1. Letter from Gov. Jay Hammond re: recommending three people from whom he might make an appointment to the AACO as a representative of the Kodiak Island Borough. Mayor Ogg, Mr. Herrnsteen & Mr. Selby 2. Information only: KIB outstanding debt is $7,469,000. XII ASSEMBLY COMMENTS Mr. Peotter: No Comments Mr. Herrnsteen: 1. What is the status of the Island Lake sewer? 2. Telephones for Bells Flats? Mr. Selby: Would like to request that a Certificate of Commendation be sent to Mr. Groff, who was the Hospital Administrator. KIB ASSEMBLY MINUTES - Oct. 2, 1980 190WO Mr. Wakefield: If not here next month, I would like to thank you for allowing & appointing me to sit with you people. I've enjoyed it. Mr. Anderson: No Comments XIII AUDIENCE COMMENTS Pam Baglien, Mental Health Center: Concerned about the appointment of Mr. Starr-Bresette to the Mental Health Board. He was on the Board before and the Board had to send a letter to the Borough asking for a replacement because of his non-attendance. Mayor Ogg stated that he would like for his appointment to stand and if he continues to live up to his past records then we will go through the procedure again. XIV ADJOURNMENT Mayor Ogg adjourned the meeting at 12:55 AM. Mayor ATTEST: