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1981-09-03 Regular MeetingKODIAK ISLA14D BOROUGH ASSEMBLY MEETING - SEPTEMBER 3, 1981 (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 6:45 P,M. in the Borough Assembly Chambers. II ROLL CALL Present Mayor Ogg Mr. Anderson Mr. Arndt Mr. Herrnsteen Mr. Peotter Mr. White Absent Mr. Murray (excused) Mr. Wakefield (excused) A quorum was established. Mr. Anderson moved to excuse Mr. Murray and Mr. Wakefield. Seconded by Mr. Arndt. Motion carried with no objection. III ACCEPTANCE OF AGENDA The Chair requested the addition of Item C. Resolution No. 81-65-R under COMMUNICATIONS & APPEARANCES. The Chair would entertain a motion to accept the agenda as amended. Mr. Herrnsteen moved to accept the agenda as amended. Seconded by tlr. Peotter. Motion carried with no objection. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Reg. - August 6, 1981 B. Assembly - Spec.- August 20, 1931 Mr. Peotter moved to accept Items A and B as presented. Seconded by Mr. White. Motion carried with no objection. V MINUTES OF OTHER MEETINGS A. KIBSD - Reg. - August 10, 1981 B. P & Z (Draft) - Reg. - August 19, 1981 Mr. Herrnsteen moved to acknowledge receipt of Items A and B. Seconded by Mr. Arndt. Motion carried with no objection. VI COMMUNICATIONS & APPEARANCES A. P & Z Representative Pat Briggs did not have any comments at this time. B. O.C.S. Resignation Mayor Ogg accepted Captain Beach's resignation and requested a Certificate of Appreciation for his services be written up and sent to him. C. Res. No. 81-65-R Commending Joe Floyd For Twenty-seven Years Of Service To The Children Of Kodiak And The Kodiak Community. Mr. Peotter moved to adopt Resolution No. 81-65-R. Seconded by Mr. White. Motion carried with no objection. VII PUBLIC HEARINGS A. Ord. No. 81-36-0 For The Disposal Of Tax -Foreclosed Land, USS 2382 Located On Raspberry Island. Mr. Peotter moved to adopt Ordinance NO. 81-36-0. Seconded by Mr. Herrnsteen. Regular Session closed: Public Hearing opened: NO COMMENTS. KIB ASSftLY MEETING - Segte¢beri13,'�984 Page 2 Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote. B. Ord. No. 81-38-0 Amending The Comprehensive Plan From Public And Open Space To Shopping Center On Lots 8-10 And 19-25, Blk. 2, Allman Addition, City Of Kodiak. (KIB P & Z Commission, Mildred Markham and Merle Snider) Mr. Peotter moved to adopt Ordinance No. 81-38-0. Seconded by Mr. Herrnsteen. Mr. Peotter moved to table Ordinance No. 81-38-0. Seconded by Mr. Arndt. Motion carried with no objection. (Directed back to P & Z.) C. Ord. No. 81-39-0 Rezoning Lots 19, 20, 23, 24 & 25, Blk. 2, Allman Addition, City of Kodiak, From R-1 Single Family Residential to B-Business. (KIB P & Z Commission, Mildred Markham and Merle Snider) Mr. Peotter moved to adopt Ordinance No. 81-39-0. Seconded by Mr. White. Mr. Peotter moved to table. Seconded by Mr. Arndt. Motion carried with no objection. (Directed back to P & Z) D. Ord. No. 81-40-0 Amending Chapter 17.06 Definitions And Chapter 17.24 Industrial (I) Zones, Deleting Chapter 17.27 Industrial Reserve IR Zones, And Amending Chapter 17.57 Offstreet Parking And Loading. Mr. Anderson moved to adopt Ordinance No. 81-40-0. Seconded by Mr. White. Regular Session closed: Public Hearing opened: Michael Brechan: (representing himself and Brechan Enterprise, Inc.) We feel the ordinance as drafted is headed straight toward light -industrial and we fail to see the need for this ordinance change. Secondly, it opens the Assembly, which is already over -worked, to a large number of additional public hearings and additional administrative problems by the drafting of the ordinance. I think it should be re -written, it should designate specific areas for these particular uses that of: concrete plants, asphalt batch plants, sand and gravel extraction and crushing operations. Royal Large: I'm afraid that this is just another step to legislate me out of -Business. Mike Green: (Bells Flats) I an. in favor of the ordinance. Royal_ Large: I object to this open -space, residential or wildlife habitat in an in ustrial area. I am opposed to any of those other than the established use of the property. Michael Brechan: The leases on our Tracts B-3 & B-4 are soon to expire in February of 82 and very shortly you'll be getting a letter requesting the renewal and or modification to this ground. We have worked with the Assembly trying to resolve this industrial area; trying to get a plan that will generate the kind of long term plan that is beneficial. I don't think this ordinance is a step in the right direction as to what you people are saying. Public Hearing closed: Regular Session opened: Mr. Arndt moved to amend Ordinance No. 81-40-0 by transferring from Conditional Uses to Permitted Uses items C, item E, item G, item I, item J, item K, item M, item N, 0 and P. Seconded by Mr. Anderson. Amendment carried 4-1 with Mr. White casting the NO vote. Mr. Peotter moved to table. Seconded by Mr. Herrnsteen. Motion failed 3-2 with Mr. Anderson and Mr. Arndt casting the NO votes. Main motion as amended carried by unanimous roll call vote. VIII OLD BUSINESS KIB A°SSENBLN MEETING - SeptegberT3,•.i9&1, Page 3 A. Res. No. 31-39-R Requesting The Transfer Of Funds From The Alaska Power Authority. (Tabled) Mr. Herrnsteen moved to remove Resolution No. 81-39-R from the table. Seconded by Mr. Anderson. Motion carried with no objection. Mr. Peotter moved to table Resolution No. 81-39-P,. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. B. Res. No. 81-60-R Authorizing A Fifteen Acre Parcel Of Land For A Competitive Five (5) Year Lease. Mr. Anderson moved to adopt Resolution No. 81-60-R. Seconded by Mr. Arndt. Motion carried by unanimous roll call vote. C. Borough Vehicle Logo Decals Mr. Herrnsteen moved to purchase fifty (50) decals in 3-color at $391.00 from Page Photo. Seconded by Mr. Arndt. !lotion carried with no objection. D. Radio Communications Proposal Mr. Peotter moved to purchase the radios from Aksala in the amount of $8,430. Seconded by Mr. Arndt. Motion carried with no objection. E. Res. No. 81-57-R For The Transfer Of Construction Monies Between Accounts. Mr. Herrnsteen moved to adopt Resolution No. 81-57-R. Seconded by Mr. White. Mr. Arndt moved to amend by deleting the Work of Art at $4,750 and increase Construction to $209,750. Seconded by Mr. Anderson. Amendment carried with no objection. The main motion as amended carried with no objection. F. Foundation, Head Start Building Mr. Peotter moved to proceed with item 2 under the alternatives; using the treated timber cribbing and deadmen and skirt the building. Seconded by Mr. Arndt. Motion failed 2-3 with sir. Arndt and Mr. Peotter casting the YES votes. Mr. Herrnsteen moved to award the contract based upon emergency provisions of Kodiak Island Borough Code Section 3.16.070E to the low bidder which is Gudenau and Company in the amount of $13,335. Seconded by Mr. White. Motion carried with no objection. Mr. Peotter moved to notify the City that the building be used for Headstart purposes or for other uses determined to be for public benefit. Seconded by Mr. White. Motion carried with no objection. G. Report On Sportsmans Association Club request for land. Mr. Peotter moved to continue the study. Seconded by Mr. Arndt. Motion carried with no objection. IX MANAGERS REPORT A. Joint Work Session with the Hospital Board Thursday, September 10, 1981 at 7:30 P.M. in a room to be designated. B. Other Business 1. Main Elementary - Piling Problem Mr. Peotter moved to approve Change Order No. 1 in the amount of $2,400, Change Order No. 2 in the amount of $2,400 and Change Order No. 3 in the amount of $19,326.70 when using the emergency provisions of Kodiak Island Borough Code Section 3.16.070B. Seconded by Mr. Arndt. Motion carried with no objection. X NEW BUSINESS KIB tASSFMBLY MEETLNG - S.eptTbel 3;;1981 Page 4 A. Res. No. 81-43-R Approving The Borough Assessor's Tabulation Of Taxes Assessed On Property Belonging To Persons Who Qualify For The State Of Alaska Senior Citizen Property Tax Program. Mr. Peotter moved to adopt Resolution No. 81-43-R. Seconded by Mr. Herrnsteen. Motion carried with no objection. B. Res. No. 81-44-R Approving The Borough Assessor's Tabulation Of Taxes Assessed On Property Belonging To Persons Who Qualify For The State Of Alaska Farm Use Exemption Program. Mr. Peotter moved to adopt Resolution No. 81-44-R. Seconded by Mr. Herrnsteen. Motion carried with no objection. C. Res. No. 81-45-R Establishes Board Of Equalization Dates For The 1981 Supplemental Tax Assessment Valuation Roll. Mr. Peotter moved to adopt Resolution No. 81-45-R. Seconded by Mr. Herrnsteen. Motion carried with no objection. D. Ord. No. 81-41-0 Amending The KIB Code of Ordinances By The Repeal Of Section 2.32.010 Of Title 2 In Its Entirety And Title 3 By The Addition Of Section 3.14.015. (1st Rdg.) Mr. Anderson moved to adopt Ordinance No. 81-41-0 in the first reading. Seconded by Mr. Peotter. Motion failed 1-4 with Mr. Anderson casting the YES vote. E. Res. No. 81-48-R Authorizing The Receipt And Expenditure Of Entitlement Funds Under The Municipal Aid Program, Chapter 60, SLA 81 And AS 37.05.315. Mr. Peotter moved to adopt Resolution No. 81-48-R. Seconded by Mr. White. Mr. Anderson moved to amend by decreasing the amount in item 1. to $870,000 and increasing the amount in item 3. to $134,420. Seconded by Mr. White. Amendment carried with no objection Main motion as amended carried with no objection. F. Res. No. 81-52-R. Authorizing The Receipt And Expenditure Of Municipal Grants Appropriated By The 1981 Legislature, A.S. 37.05.315. Mr. Peotter moved to adopt Resolution No. 81-52-R. Seconded by Mr. Arndt. Motion carried with no objection. G. Res. No. 81-53-R Authorizing A Negotiated Lease Of Borough Land To The City Of Kodiak. Mr. Herrnsteen moved to adopt Resolution No. 81-53-R. Seconded by Mr. Arndt. Mr. Arndt moved to amend by inserting 187 acre parcel in the blank. Seconded by Mr. Peotter. Mr. Arndt called for the question to limit debate. Seconded by Mr. Peotter. Motion carried 4-1 with Mr. Herrnsteen casting the NO vote. The amendment carried 4-1 with Mr. Herrnsteen casting the NO vote. Main motion as amended carried with no objection. H. Res. No. 81-54-R Authorizing The Receipt And Expenditure Of A Community Health Services Grant For FY 82. Mr. Anderson moved to adopt Resolution No. 81-54-R. Seconded by Mr. Herrnsteen. Motion carried with no objection. I. Res. No. 81-55-R Relating To Compensation Of Borough General Counsel. Mr. Arndt moved to adopt Resolution No. 81-55-R. Seconded by Mr. White. Motion carried with no objection. J. Res. No. 81-56-R Requesting Municipal Assistance Act Monies. Mr. Peotter moved to adopt Resolution No. 81-56-R. Seconded by Mr. Herrnsteen. Motion carried with no objection. KIB ASSEMBLY, MEETING - Septefer0,­1981 Page 5 K. Res. No. 81-58-R Authorizing Requests For Proposals For The Enoineering Services For Water/Sewer System Improvements In Service District No. 1. Mr. Herrnsteen moved to adopt Resolution No. 81-58-R. Seconded by Mr. Arndt. Motion carried with no objection. L. Res. No. 81-59-R Authorizing A Five -Year Local Service Roads And Trails Program For The Kodiak Island Borough, 1982-1986. Mr. White moved to adopt Resolution No. 81-59-R. Seconded by Mr. Herrnsteen. Motion carried with no objection. M. Ratification of Election Judges for October 6, 1981 Elections. Mr. Peotter moved to ratify the Election Judges as submitted by the Clerk for the October 6, 1981 elections. Seconded by Mr. Anderson. Motion carried with no objection. N. Ord. No. 81-43-0 Amending Title 17 Of The Borough Code By Creating Chapter 17.11, Wildlife Habitat District. (KIB Assembly)(1st Rdg.) Mr. Anderson moved to adopt Ordinance No. 81-43-0 in the first reading. Seconded by Mr. Arndt. Motion carried with no objection. 0. Ord. No. 81-44-0 Rezoning The Shearwater Peninsula From Conservation To Wildlife Habitat. (KIB Assembly)(1st Rdg.) Mr. Herrnsteen moved to adopt Ordinance No. 81-44-0. Seconded by Mr. White. Motion carried with no objection. P, Ord. No. 81-45-0 Amending Title 17 Of The Borough Code By Creating Chapter 17.01 - Authority, Purpose and Intent. (1st Rdg.) Mr. Herrnsteen moved to adopt Ordinance No. 81-45-0 in the first reading. Seconded by Mr. Anderson. Motion carried with no objection. Q. Ord. No. 81-46-0 Rezoning Tracts B-1, B-2, B-3 B-4A and B-5A, Bells Flats Alaska Subdivision From I -Industrial to C-Conservation (1st Rdg.) Mr. Herrnsteen moved to adopt Ordinance No. 81-46-0 in the first reading. Seconded by Mr. White. Motion carried with no objection. R. P & Z Commission By -Laws Mr. Herrnsteen moved for approval of the Planning and Zoning Commission By -Laws. Seconded by Mr. Anderson. Motion carried with no objection. S. Res. No. 81-62-R Requesting Financial Assistance For The Disposal Of Municipal Grant Land Entitlement. Mr. Herrnsteen moved to adopt Resolution No. 81-62-R. Seconded by Mr. Anderson. Motion carried with no objection. T. Res. No. 81-63-R Agreeing To Assume Responsibility For Water And Sewer In Service District No. 1. Mr. Peotter moved to adopt Resolution No. 81-63-R. Seconded by Mr. Herrnsteen. Motion carried with no objection. U. Res. No. 81-64-R Supporting The Monashka Dam Project. Mr. Arndt moved to adopt Resolution No. 81-64-R. Seconded by Mr. Anderson. Motion carried with no objection. V. KIB Financial Statements Revenue & Expenditure Reports. Mr. Arndt moved to acknowledge receipt. Seconded by Mr. Anderson. Motion carried with no objection. XI MAYORS COMMENTS 1. Finished process with the State in signing over the Lands Agreement. KIB ASSEMBLY MEETIX - Septegber.)3,-1981 Page 6 Approximately April 12, 1981, the Borough will receive the land that the State presently has patent to from the Federal Government. 2. (Re: Lands Agreement)Two bills which the Assembly agreed to have submitted to the Legislature. (Senator Mulcahy and Representative Sutcliffe) (a) To Create A Wildlife Refuge. (b) To Create A State Park XII ASSEMBLY COMMENTS Mr. Anderson: I would like to suggest that the manager talk to the City and if we build any more roads out in the area of the dump, the possibility of having the overburden hauled out to the dump to assist the City in covering the dump. Mr. Peotter: I would like to commend the Mayor, Assembly and Manager for the efficiency with which this meeting was proceeded tonight. I want to commend the Manager for a fine flow of information and also to the Clerk for coming up with a revised packet. I think everything is working very smoothly. Mr. Herrnsteen: I would also like to thank the Manager for the information packet in the back of our book. I would like to see the Assembly have a work session with the City in the near future re: tax situation. I think information should be put out, particularly before the election, that we are planning on building two firehalls and getting two firetrucks, one for the north side of town and one in the Bells Flats area with the State Revenue money. Mr. White: I would like to see the Staff get together with some of the people in the service district areas on coming up with some plans on locating these firehalls. Mr. Arndt: No Comments. XIII AUDIENCE C014ME14TS Royal Large: I would suggest that when you let out these contracts that you provide for a clause to hire able, willing people here in Kodiak. Yeshi Benyamin: (Petition from Mr. Benyamin - Sept. 3, 1981 - 9:55 P.M.) I would like to ask you to make "out -house" legal. XIV ADJOURNMENT Mayor Ogg adjourned the meeting at 10:05 PM. n .. Mayor ATTEST: