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1981-10-01 Regular MeetingKODIAK ISLAND BOROUGH ASSEMBLY MEETING - OCTOBER 1, 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 6:40 P.M. in the Borough Assembly Chambers II ROLL CALL Present Mayor Ogg Mr. Anderson Mr. Arndt Mr. Herrnsteen Mr. Murray Mr. Peotter Mr. Wakefield Mr. White A quorum was established. III ACCEPTANCE OF AGENDA Absent Mr. Anderson moved to accept the agenda. Seconded by Mr. Arndt. Motion carried with no objection. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Reg. - September 3, 1981 Mr. Peotter moved to accept Item A. Seconded by Mr. Arndt. Motion carried with no objection. V MINUTES OF OTHER MEETINGS A. KIBSD - Reg. - August 24, 1981 B. Supplemental Board of Equalization - September 8, 1981 C. Health Resources - Reg. - June 3, 1981 Mr. Peotter moved to accept Items A, B and C. Seconded by Mr. Arndt. Motion carried with no objection. VI COMMUNICATIONS & APPEARANCES A. P & Z Representative Mayor Ogg introduced JoAnn Strickert. B. O.C.S. Appointment Mayor Ogg appointed Commander Elmer Sorensen. Mr. Herrnsteen moved to ratify the appointment. Seconded by Mr. Peotter. Motion carried with no objection. C. Hospital Advisory Board The Mayor asked the Clerk to advertise for the positions and it be on the next meetings agenda. D. Personnel Board Resignations Mayor Ogg asked the Clerk to follow through and advertise for the four vacancies to be filled at the December or January meeting. E. Health Resources Advisory Council Appointments Mayor Ogg expressed that it is his wish to leave these appointments to the next Mayor. These positions are to be advertised also. F. Memo re: Special Meeting for Ratification & etc. KIIB ASSEMBLY MEEETING a)October 1; 1981 Page 2 There was no objection to Thursday, October 15 at 7:00 P.M. for the Special Meeting to ratify the October 6, 1981 election. Mr. Peotter moved that the monthly November Borough Assembly meeting be moved from November 5th to November 9th. Seconded by Mr. Anderson. Motion carried 6-1 with Mr. Wakefield objecting. G. Joint Work -Session with School District There was no objection to Thursday, October 29 at 7:00 P.M. in the School District conference room. H. P & Z Commission Appointments These should be appointed at the next meeting. I. Proposals for School Complex Development Plan Work -Session scheduled for Thursday, October 22 at 7:00 PM.. VII PUBLIC HEARINGS A. Ord. No. 81-43-0 Amending Title 17 Of The Borough Code By Creating Chapter 17.11, Wildlife Habitat District. (KIB Assembly) Mr. Peotter moved to adopt Ordinance No. 81-43-0 Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Seconded by Mr.. Wakefield. Mr. Herrnsteen moved to delete the words commercial and under 17.11.010 C. Seconded by Mr. Arndt. Amendment carried with no objection. Main motion as amended on Ordinance No. 81-43-0 carried with no objection. B. Ord. No. 81-44-0 Rezoning The Shearwater Unit From Conservation To Wildlife Habitat. (KIB Assembly) Mr. Anderson moved to adopt Ordinance No. 81-44-0. Seconded by Mr. Wakefield. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried with no objection. C. Ord. No. 81-45-0 Amending Title 17 Of The Borough Code By Creating Chapter 17.01 - Authority, Purpose and Intent. Mr. Peotter moved to adopt Ordinance No. 81-45-0. Seconded by Mr. Herrnsteen. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried with no objection. D. 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. Mr. Peotter moved to adopt Ordinance No. 81-46-0. Seconded by Mr. White. Regular Session closed: Public Hearing opened: Bill William:(resident adjacent to area in question)Is the intent to return this land to residential use? K1B:4SSE�IBLY MEETING October 1, 1981 Page 3 JoAnn Strickert:(P & Z Rep.)The intent is indeed to return it to residential use. By zoning it this way, it would allow for the removal of the gravel without having to do another zoning for the removal of the gravel from a residential type zoning. The Chair read a letter of opposition from Michael C. Brechan received October 1, 1981. Michael Drechan: It appears to us by rezoning this operation to conservation that the first thing we will have to do in the legislative procedure to obtain another lease on this area is to go through an entire P & Z operation to request for a rezoning, is that your intent? I think the ordinance leaves rise to a lot of things. I don't think it solves the problem. It was our impression under the lease, the terms of a lease that you can draw up for that particular area in an industrial zone, that the lease itself can stipulate how the ground is left, what permanent structure you can put up, what you can or can't do there. I think that was the intent of the original ordinance in which we originally leased the area. We're afraid if you pass an ordinance open to a lot of legal questions, as to whether not ,you can actually perform this type of function in a conservative zone, then it's going to be another 'can of worms' for the assembly and for us. Royal Large: Opposed to the ordinance. Public Hearing closed: Regular Session opened: Mr. White moved to table Ordinance No. 81-46-0. Seconded by Mr. Anderson. Motion carried 4-3 with Mr. Arndt, Mr. Murray and Mr. Peotter casting the NO votes. Mr. Anderson moved to reconsider the motion to table Ordinance No. 81-46-0. Seconded by Mr. Arndt. Motion carried 6-1 with Mr. White casting the NO vote. The main motion failed 1-6 with Mr. White casting the YES vote. Mr. Peotter moved that the Manager be directed to have the Planning Department complete a development plan for the development of the B-Tracts, additional roads to ease congestion in the area and to prepare an ordinance that will provide for the completion of gravel extraction in the B-Tracts and eventual conversion to a zoning that would meet the need of the citizens of the area and remaining Borough residents. Seconded by Mr. Arndt. Motion carried with no objection. VIII OLD BUSINESS A. Letter from Arthur Young Mr. Anderson moved to hold the $540,000. and have another mill rate reduction in next years budget. Seconded by Mr. White. Mr. Peotter moved to amend by substitution that the $540,000 be used against operating expenses of the Borough for the Fiscal Year 83. Seconded by Mr. Arndt. Motion failed 3-4 with Mr. Arndt, Mr. Herrnsteen and Mr. Peotter casting the YES votes. Main motion failed 1-6 with Mr. White casting the YES vote. B. Change Order Status Report No Action - Information Only. IX MANAGERS REPORT A. Other Business (1) Main Elementary School Change Order Mr. Herrnsteen moved that the Manager be directed to proceed negotiating for Alternate 5-A with the funds to come from the bond issue and a Special Meeting be arranged if necessary. Seconded by Mr. Murray. Motion carried by unanimous roll call vote. B. Attorney Report - Executive Session KIB�IASSEMBLY MEETING'-* OttolYor I, I981 Page 4 Mr. Peotter moved that the Assembly adjourn to Executive Session to discuss legal matters. Seconded by Mr. Wakefield. The Chair would care to have the legal matters stated by title before going in: Mr. Garnett (Borough Attorney): High School Roof and Zoning Enforcement. Motion carried with no objection. The Assembly reported out of Executive Session at 8:58 PM. _ Mr. Wakefield reported that the Assembly instructed the Attorney to continue negotiating a resolution of our suit over the High School Roof and the Assembly instructed the Manager and the Attorney to continue with criminal suit of the zoning violations. X NEW BUSINESS A. Ord. No. 81-47-0 Will Delete The Billing Of Small Dollar Tax Assessments. (1st Rdg.) Mr. Peotter moved to adopt Ordinance No. 81-47-0. Seconded by Mr. Arndt. Motion carried with no objection. B. Ord. No. 81-48-0 Appropriating Certain Sums Of Money For Receipt And Expenditure. (1st Rdg.) Mr. Peotter moved to adopt Ordinance No. 81-48-0. Seconded by Mr. Anderson. Motion carried with no objection. C. Ord. No. 81-49-0 Appropriating Certain Sums Of Money Under The Municipal Aid Program. (1st Rdg.) Mr. Peotter moved to adopt Ordinance No. 81-49-0. Seconded by Mr. White. Motion carried with no objection. D. Ord. No. 31-50-0 Relating To Manner Of Taxation Of Boats And Vessels. (1st Rdg.) Mr. Peotter moved adopt Ordinance No. 81-50-0. Seconded by Mr. Anderson. 'lotion carried by unanimous roll call vote with Mr. Wakefield abstaining. E. Ord, No. 31-51-0 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. Peotter moved to adopt Ordinance No. 81-51-0. Seconded by Mr. Anderson. Motion carried with no objection. F. Ord. No. 81-52-0 Adopting Names And Re -Naming Certain Streets Within The KIB. (1st Rdg.) Mr. White moved to adopt Ordinance No. 81-52-0. Seconded by Mr. Arndt. Motion carried with no objection. G. Res. No. 31-50-R Authorizing The Acceptance Of Design Contract For The Mooring Facility, Akhiok, Alaska. Mr. Peotter moved to adopt Resolution No. 81-50-R. Seconded by Mr. Wakefield. Motion carried with no objection. H. Res. No. 81-51-R To Change Line Item Amounts Of The Funds Appropriated For School Support For Kodiak Island Borough. Mr. Peotter moved to adopt Resolution No. 81-51-R. Seconded by Mr. Anderson. Motion carried 6-1 with Mr. Murray objecting. I. Authorization To Obtain Proposals From Hospital Architects. The Chair would entertain a motion to allow management to proceed in obtaining proposals for an Architectural firm to evaluate the hospital in an amount not to exceed $50,000. Mr. Murray so moved. Seconded by Mr. Wakefield. Motion carried with no objection. KIB ASSEMBL,� MEETING -)October 1j 1g31 Page 5 J. Res. No. 31-66-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. 81-66-R. Seconded by Mr. Wakefield. Motion carried with no objection. K. Res. No. 31-67-R Directing Preparation Of A Petition For Annexation To The Borough Of The United States Coast Guard Reservation, Kodiak, AK. Mr. Peotter moved to adopt Resolution No. 81-67-R. Seconded by Mr. Arndt. Capt. Schaeffer:(U.S.C.G.) We're a little bit concerned with having another layer of bureaucracy to have to go through to get things accomplished within the reservation. Our basic position I believe now would be more of one of a neutral party at this point. Lcdr. Bodenhofer:(U.S.C.G.)A couple of points that we are concerned about and would at least like you to consider. In the matter of zoning, even with Borough annexation, the reservation remains the property of the Federal government. Another point I would like to bring out is that obviously, we're not going to come and ask you for certain services, we have our own. But, I would like to make it clear that we cannot in any way commit our own municipal services in support of the borough. Motion to adopt Resolution No. 81-66-R carried with no objection. L. Res. No. 81-68-R Authorizing The Acceptance Of Design Contracts For The High School Swimming Pool Renovation. Mr. Wakefield moved to adopt Resolution No. 81-68-R. Seconded by Mr. Anderson. Motion carried with no objection. M. Res. No. 81-69-R Authorizing The Receipt And Expenditure Of State Revenue Sharing For Municipalities. Mr. Peotter moved to adopt Resolution No. 81-69-R. Seconded by Mr. Wakefield. Motion carried with no objection. N. Res. No. 81-70-R Authorizing The Finance Officer To Effect Certain Line Item Changes In FY 31-82 Budget. Mr. Peotter moved to adopt Resolution No. 81-70-R. Seconded by Mr. Arndt. Motion carried with no objection. 0. Res. No. 81-71-R Requesting State Legislation To Create The Aleksandr Baranov State Game Refuge. Mr. Peotter moved to adopt Resolution No. 81-71-R. Seconded by Mr. White. Motion carried with no objection. P. Res. No. 81-72-R Requesting State Legislation To Create The Shuyak Island State Park. Mr. Wakefield moved to adopt Resolution No. 81-72-R. Seconded by Mr. White. Motion carried with no objection. Q. Res. No. 81-73-R Supporting House Bill 618 (State Aid To Municipalities For Capital Projects) Mr. Peotter moved to adopt Resolution No. 81-73-R. Seconded by Mr. White. Motion carried with no objection. R. Res. No. 81-74-R Authorizing Receipt And Expenditure Of Funds From The State Of Alaska For The Construction Of A Health Clinic In Karluk. Mr. Peotter moved to adopt Resolution No. 81-74-R. Seconded by Mr. White. Motion carried with no objection. S. Res. No. 81-75-R Establishing A Senior Citizens Steering Committee. Mr. Peotter moved to adopt Resolution No. 81-75-R. Seconded by Mr. White. Mr. Murray moved to table Resolution No. 81-75-R. Seconded by Mr. Peotter. Motion carried with no objection. KIB ASSEilBLY:MEE)TING - �Oclloben 1,! 1981 Page 6 T. Res. No. 81-76-R Authorizing An Application To The State Department Of Environmental Conservation For A Litter Reduction Grant. Mr. Peotter moved to adopt Resolution No. 81-76-R. Seconded by Mr. White. Motion carried with no objection. U. Res. No. 81-77-R Supporting The Sister Chamber Program As Proposed By Kesennuma City, Japan. Mr. Peotter moved to adopt Resolution No. 81-77-R. Seconded by Mr. Anderson. Motion carried with no objection. V. Res. No. 81-78-R Authorizing The Renting Of The Apartment Building Complex Located On Lot 5 Of U.S. Survey 2538A. Mr. Wakefield moved to adopt Resolution No. 81-78-R. Seconded by Mr. Anderson. Mr. Wakefield moved to amend the fourth paragraph by changing "three-year" extension to one-year extension. Seconded by Mr. Murray. Mr. Murray moved to table Resolution No. 81-78-R. Seconded by Mr. White. Motion carried 5-2 with Mr. Arndt and Mr. Wakefield casting the NO votes. W. Gary Smith on a Contractual Basis Mr. Herrnsteen moved to authorize the manager to enter into the Memorandum of Agreement for the period of October 1, 1981 to December 31, 1981 at an hourly rate of $40.00 per hour not to exceed 80 hours per month. Seconded by Mr. Anderson. Motion carried with no objection. X. KIB Financial Statement Revenue & Expenditure Report - August. Mr. Peotter moved to acknowledge receipt of the August Financial Statement. Seconded by Hr. Anderson. Motion carried with no objection. XI MAYORS COMMENTS --- NONE XII ASSEMBLY COMMENTS Mr. Herrnsteen: I would like to see someone else from the Assembly serve on the Kodiak Community College Advisory Board since I haven't been able to properly attend the meetings. (Mr. Peotter volunteered) Mr. Wakefield: No Comments. Mr. Anderson: No Comments. Mr. Peotter: I would like to commend the Mayor, the Manager and the Assembly for an efficient and effectively run meeting. Mr. Arndt: No Comments. Mr. Murray: I think that we should look at some long-range planning that includes some sort of way to try to get some of the roads in the Monashka Bay area improved and brought up to specs in a more rapid manner. I think we should ask staff to prepare some sort of a resolution for our October 15th meeting concerning the efforts of our present Borough Mayor. Mr. White: I have a couple of questions of staff re: progress of list that was requested by Senator Kerttula and re: work -session with City on the possibility of them changing their sales tax? XIII AUDIENCE COMMENTS Noreen Thonpson: I just want to thank the Assembly, on behalf of the School District, for their cooperation. XIV ADJOURNMENT Mayor Ogg adjourned the meeting at 10:15 PM. rrr1*19 �o', Mayor