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02/01/1980 Regular MeetingKODIAK ISLAND BOROUGH ASSEMBLY MEETING - FEBRUARY 1, 1980 (A Verbatim Record is on File in the Clerk's Office) I CALL TO ORDER The Meeting was called to order by Mayor Betty J. Wallin at 6:45 P.M. in the Borough Assembly Chambers. II ROLL CALL Present Absent Mr. Pat Cannon Mr. Phil Anderson - excused (out of town) Mr. Arnold T. Hansen Mr. Edward B. Jack - unexcused (fishing) Mr. Dave Herrnsteen Mr. Dan Ogg Mr. James Peotter Mrs. Betty J. Wallin There were 3 - YES and 2 - NO votes cast, therefore Mr. Jack was not excused. Mr. Hansen and Mr. Ogg cast the NO votes. A quorum was established. III ACCEPTANCE OF AGENDA The following additions were requested: 1) Item K - City of Kodiak Landfill Site Lease under NEW BUSINESS 2) Item L - Pump Station/Neil Sargent Pump Station under NEW BUSINESS 3) Item F - Chiniak School Board Report under COMMUNICATIONS & APPEARANCES 4) Item G - Delegation of Platting Powers under COMMUNICATIONS & APPEARANCES 5) Item M - Acceptance of Financial Report under NEW BUSINESS Mr. Ogg moved to close and accept the Agenda. Seconded by Mr. Cannon. Motion carried by unanimous voice vote. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Regular - January 3 (cont. Jan. 4), 1980 B. Assembly - Special - January 22, 1980 C. Assembly - Special - January 24, 1980 Mr. Peotter moved to accept Items A, B, and C. Seconded by Mr. Herrnsteen. Mayor Wallin noted a correction in Special Meeting (Jan. 22) that she ordered Mr. Jack excused even though the Assembly vote was 3-1 the motion failed and therefore Mr. Jack was not excused at that meeting either. Mr. Ogg noted that Mayor Wallins name was not listed under the roll call on the January 24 Special Meeting. The minutes as presented with the corrections were accepted by unanimous voice vote. V MINUTES OF OTHER MEETINGS A. Mental Health - November 8, 1979 B. School Board - December 10, 1979, Special December 13 & 19, 1979 C. P & Z - November 21, 1979 and January 16, 1980 D. Bells Flats -Russian River Service Area Advisory Board - November 21, 1979, Special December 5, 1979 and January 23, 1980 Mr. Peotter moved to acknowledge receipt of the foregoing minutes. Seconded by Mr. Herrnsteen. Motion carried by unanimous voice vote. Mr. Ogg suggested that the Assembly, along with the Attorney, should meet with the Bells Flats Advisory Board to clarify their powers. The work session was set for March 1, 1930 at 9:30 A.M.. KIB ASSEMBLY MINUTES- FEBRUARY 1, 1980 PAGE 2 VI COMMUNICATIONS & APPEARANCES A. Resolution No. 80-12-R Supporting The Use Of The Kodiak Intermediate Care Facility Mr. Herrnsteen moved to adopt Resolution No. 80-12-R. Seconded by Mr. Hansen. Mr. Jerome Selby, Chairman, Health Resources Advisory Council and Hospital Advisory Board appeared before the assembly. Also Mr. Dennis Murray, Senior Citizens Director, appeared before the assembly. Mr. Ogg moved to amend Resolution No. 80-12-R in the last paragraph by deleting authorize its selected representative to testify for the Kodiak Island Borough and replace it with request a teleconference so that the residents of Kodiak may testify on the matter. Seconded by Mr. Cannon. Unanimous roll call vote. X A. Resolution No. 80-13-R Supporting The Continuation Of A Board Of Psychologists And Psychological Associate Examiners. Mr. Ogg moved to adopt Resolution No. 80-13-R. Seconded by Mr. Herrnsteen. Dr. Pam Delys-Baglien, Director of Mental Health, appeared before the assembly. Mr. Peotter moved to amend to delete under the existing statutory scheme AS 08.36.230. Seconded by Mr. Ogg. Amendment carried 4-1 with Mr. Herrnsteen casting the NO vote. Main motion carried by unanimous roll call vote. The Meeting recessed for five minutes because of the radio station having trouble getting the meeting over the air. The Meeting reconvened at 7:40 P.M. VI B. KMXT Request - David ll. Thompson Mr. Peotter moved that this matter be taken under advisement at the next work session. Motion died for lack of a second. Mr. Hansen moved that the Borough Assembly Meetings be changed to start at 6:00 P.M. with a cut-off time of 12:00 P.M.. Seconded by Mr. Ogg. With the permission of the second, Mr. Hansen moved to change it to propose an Ordinance. Seconded by Mr. Ogg. Motion failed 3-2 with Mr. Herrnsteen and Mr. Peotter casting NO votes. Mr. Peotter moved that we acknowledge receipt of the memo. Seconded by Mr. Cannon. Unanimous roll call vote. C. Conflict of Interest - John J. Eufemio Mr. Cannon agreed with Dr. Eufemio that this $100 restriction is excessive and thinks that the assembly should take some action if it can legally be done. It should be discussed at the next work session. D. Presentation Re: Merchant Marine Act - Peggy Rasmussen She was notified but did not appear. E. Appointments to the Personnel Board Mayor Wallin requested from the assembly that it be delayed another 30 days. She has been unable to contact the applicants and would like to talk to them before making the appointment. for. Peotter moved to concur with the wishes of the Mayor. Secondeo by Mr. Hansen. Motion carried by unanimous voice vote. 1 ) t) f� a KIB ASSEMBLY MINUTES - FEBRUARY 1, 1980 PAGE 3 r, Chiniak School Board Jan Pennington appeared before the Assembly to make a presentation re: overcrowding, water and sewer. She passed to the Assembly members copies of potential plans as an option. It would be a permanent wood structure. Mr. Hovanec stated that these plans had been submitted to two (2) architects and cost estimates had been requested. Also a public notice will be put in the Anchorage and Kodiak papers asking for proposals from the pre-cut manufacturers in the area. Ms. Pennington requested that they be notified when this comes up hefore the Architectural Board so they can participate from that point. Mr. Ogg gave a brief report on Chiniak: Mr. Ecklund gave a site elevation from the State's money and recommended that there was an area out there that could be used as a school site. He also recommended that they clear an acre of that land for the protection of the existing buildings whether or not a new building is built. There is land existing for a new well and a new sewer. Mr. Ogg moved to direct the staff to have the one acre cleared as shown in Mr. Ecklund's plat to begin the process for construction. Seconded by Mr. Hansen. Motion carried by unanimous roll call vote. G. Ordinance Delegating Platting Powers Mr. Ogg moved to acknowledge receipt of the information. Seconded by Mr. Hansen. Motion carried by unanimous roll call vote. H. Ordinance No. 80-7-0 Creating A Seven -Member Elected Board For Service District One of the Mill Bay-Monashka Service Area Mr. Hansen moved for adoption of Ordinance No. 80-7-0 at the first reading. Seconded by Mr. Ogg. Mr. Nick Szabo appeared before the Assembly and asked that it be clarified as to what procedures will be followed. The Meeting recessed at 8:50 P.M. so that the radio station could check out the equipment. The Meeting reconvened at 9:00 P.M. The above motion on Ordinance No. 80-7-0 carried by unanimous roll call vote. Mr. Cannon moved that the attorney be instructed to investigate Service District One to determine if a liability exists for the entire borough, if so a special meeting is to be called to resolve it. Seconded by Mr. Herrnsteen. Motion carried by unanimous roll call vote. Mr. Ogg requested that Ordinance No. 80-7-0 come up for a public hearing in April. There were no objections from the assembly. VII PUBLIC HEARINGS A. Ordinance No. 80-1-0 Amending Title 17 Allowing the Outdoor Storage of Commercial Fishing Gear in all Residential Zoning Districts as an Accessory use. Mr. Cannon moved to approve Ordinance No. 80-1-0. Seconded by Mr. Ogg. Regular session closed and Public Hearing opened: No response Public Hearing closed and Regular session opened: Mr. Peotter moved to table until we get some further study on possible alternatives. Seconded by Mr. Herrnsteen. Motion failed 3-2 with Mr. Hansen and Mr. Ogg casting NO votes. The main motion failed 3-2 with Mr. Hansen and Mr. Ogg casting NO votes. Mr. Peotter moved to reconsider and enter it on the minutes. Seconded by Mr. Herrnsteen. KIB ASSEMBLY MINUTES — FEBRUAAY 91, 1180> PAGE 4 B. Ordinance No. 80-3-0 Amending the Comprehensive Land Use Plan and Reclassifying The Lands On Near Island, Gull Island and Uski Island Mr. Ogg moved to adopt Ordinance No. 80-3-0. Seconded by Mr. Cannon. With the okay of the second, Mr. Ogg moved to adopt Ordinance No. 80-3-0(a) Mr. Cannon agreed. Regular session closed and Public Hearing opened: Nick Szabo: As a concept urged that Near Island be looked at as an industrial area primarily, and not consider any residential area on the island. Pat Holmes: Thinks that some of the planned cluster housing or sort of community type of development plan where you have high -density housing and green area and kind of recreational background to go along with that this could eventually be planned in to Near Island. Believes that there hasn't been an allowance for the recreational needs and for just having a quiet place adjacent to some of our areas for people to just sit and rest and watch. Thinks there is ample space for sort of a multiple use type of a concept. Public Hearing closed and Regular session opened: Mr. Ogg moved to amend to read "by substitution". Seconded by Mr. Cannon. Amendment carried by unanimous roll call vote. Main motion carried by unanimous roll call vote. C. Ordinance No. 80-4-0 Rezoning The Lands On Near Island, Gull Island and Uski Island Mr. Hansen moved for adoption of Ordinance 80-4-0. Seconded by Mr. Cannon. Regular session closed and Public Hearing opened: No response. Public Hearing closed and Regular session opened: Mr. Ogg moved by substitution to adopt Ordinance No. 80-4-0(a). Seconded by Mr. Cannon. Motion carried by unanimous roll call vote on the substitution. Motion carried by unanimous roll call vote on the main motion. VIII OLD BUSINESS A. Ed Opheim: Information only B. Ordinance on Platting Power: Action taken earlier C. Koniag Rezoning & Comprehensive Plan Amendment Mr. Hansen moved to acknowledge receipt of information. Seconded by Mr. Herrnsteen. Mr. Ogg moved by substitution to defer action until March regular meeting. Seconded by Mr. Peotter. With the okay of his second, Mr. Ogg added Public Hearing at the regular meeting. Motion carried by unanimous roll call vote. D. Ask for Authorization to Extend fir. Hoopes Contract to March 15, 1980. Mr. Ogg moved to extend Mr. Hoopes contract until March 15, 1980, with the addition of one airline ticket home for vacation. Seconded by Mr. Hansen. Motion carried by unanimous roll call vote. Mr. Pennington handed to the assembly copies of the testimony developed by Mr. Hoopes to date. Attached to the back are drafts of position papers he recommends for the borough based on his analysis of the document and his review of the National Enviromental Policy Act, the BLM's guidelines for the conduct of the lease sale, Endangered Species Act and the Marine Mammals Act. The Public Hearing will be convened in Anchorage on March 4, recessed and reconvened in Kodiak on March 6. Deadline is March 14. E. KAHA Letter Requesting Sale of Tracts B & E Kadiak Subdivision Mr. Hansen moved to sell Tracts B & E to KAHA. Seconded by Mr. Peotter. KIB ASSkN MINUTES'-' FEBRARY'l1, 1980' PAGE 5 Motion failed 1-4 with Mr. Hansen casting the only YES vote. Mr. Ogg moved to continue the Assembly Meeting after 11:00 P.M.. Seconded by Mr. Hansen. Mr. Herrnsteen moved to amend the above motion to move all the items concerning audience participation ahead. Seconded by Mr. Ogg. The amendment carried 4-1 with Mr. Peotter casting the NO vote. The main motion carried 4-1 with Mr. Peotter casting the NO vote. Mr. Peotter was excused at 11:00 P.M. X NEW BUSINESS B. Assembly Budget Amendment Mr. Anttonen: Simply noting that we need to buy equipment for those two buildings as specified in the budget. Recommendation that the assembly take action as noted in the memorandum, transferring those monies to equipment. Mr. Hansen moved that we make funds available out of this for updating the equipment at the two schools, $24,825 for Port Lions and $20,809 at Old Harbor. Seconded by Mr. Cannon. With the approval of his second, Mr. Hansen amended to include the transfer of the remaining construction contingency funds and the equipment line items within each capital project. The amendment failed 3-1 with Mr. Ogg casting the NO vote. The main motion carried by unanimous roll call vote. C. Resolution No. 80-3-R Approving The Final Subdivision of 31 Lots in the Port Lions Subdivision, Second Addition. (KANA Housing Authority) Mr. Horace Simmons appeared before the Assembly to answer questions regarding the road construction. Mr. Hansen moved for adoption of Resolution No. 80-8-R. Seconded by Mr. Ogg. Mr. Ogg moved to amend the resolution by adding after 1980 with Borough Engineer approval. Seconded by Mr. Cannon. Amendment failed 3-1 with Mr. Hansen casting the NO vote. The main motion failed 3-1 with Mr. Herrnsteen casting the NO vote. E. Resolution No. 80-10-R Requesting State of Alaska to Provide 90% Funding of Non -Federal Portions of the Cost of Constructing Sewer 5 Water Improvements. Bill Williams: Expressed his belief that when the Service District was formed that it merely allowed the assembly jurisdiction in that area. That any portion of that service district then, that wanted to be developed would be developed through an improvement district. And the people in the improvement district would vote that they wanted that improvement and they would be taxed for it. Not all the people in the service district. Mr. Ogg moved to adopt Resolution No. 80-10-R. Seconded by Mr. Hansen. Horace Simmons: Expressed his views on the resolution. Feels the borough would be making a serious mistake to ask for subsidy for sewer and water for people who can afford to buy property in that area when they don't see accepting government subsidy for low-income housing. The motion carried by unanimous roll call vote. F. Resolution No. 80-11-R Support of Funding for Chiniak and Karluk School Construction to the State Legislature Mr. Ogg moved to adopt Resolution No. 80-11-R. Seconded by Mr. Cannon. Horace Simmons: Objected to the borough seeking state money when clearly the people on Kodiak have the ability to tax themselves to provide schools. Would like for the borough to increase its tax rate and pay for its own services. The motion carried by unanimous roll call vote. KIB ASSEMBLY'MINUf�S - FEBRUARY 1, 1980 PAGE 6 L. Pump Station/Sargeant Pump Station Kenneth Cobey: Notified that KEA would be turning off the power to the Pump Station meter. He agreed to pay the bill if they would not shut off the power. If he had not done this he would have been the recipient of the neighbors sewage. Mr. Flerchinger: Expressed that he has been paying his water and sewer bills to the City for nine and a half years faithfully and never been late. Doesn't think it is right legally or morally for the City to just cut it off like that. This is to be brought up at the March 1 work session. The mayor asked the attorney to research the borough's responsibility in this and have it ready for the March 1 work session. Mr. Herrnsteen moved for reconsideration of Resolution No. 80-8-R.at the next meeting. Seconded by Mr. Cannon. The meeting recessed at 12:50 A.M. KODIAK ISLAND BOROUGH ASSEMBLY MEETING - FEBRUARY 2, 1980 (Continued from February 1, 1980) The Meeting reconvened at 1:15 P.M. in the Borough Assembly Chambers. Mayor Betty J. Wallin presiding. ROLL CALL: Present: Mr. Cannon Absent: Mr. Anderson - excused Mr. Hansen Mr. Herrnsteen - excused Mr. Ogg Mr. Jack - unexcused Mr. Peotter Mayor Wallin There was an objection by Mr. Ogg, therefore Mr. Jack is unexcused. A quorum was established. X D. Resolution No. 80-9-R Re: Interim Use Permits Mr. Cannon moved to adopt Resolution No. 80-9-R. Seconded by Mr. Hansen. Motion carried by unanimous roll call vote. G. Ordinance No. 80-5-0 Adopting a Map Depicting Airport Approach & Side -slope Zones for the Kodiak Municipal Airport (First Reading) Mr. Hansen moved to adopt Ordinance No. 80-5-0. Seconded by Mr. Peotter. Motion failed 0-4.. H. Ordinance No. 80-6-0 Amending the Text of the Zoning Ordinance by Providing a New Subsection Establishing Airport Approach & Side -slope Zones with Additional Height Limitations (First Reading) Mr. Ogg moved to _adopt Ordinance. No. 80-6-0. Seconded by Mr. Cannon. Motion failed 0-4. J. School District Reports of Revenues & Expenditures for November 1979. Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Ogg. Unanimous voice vote. K. City of Kodiak Landfill Site Lease Mr. Ogg moved not to allow the City of Kodiak to dump solid waste materials from sewage plant on Borough Lands. Seconded by Mr. Peotter. Motion failed 2-2 with Mr. Cannon and Mr. Peotter casting NO votes.