03/11/1980 Regular MeetingKODIAK ISLAND BOROUGH ASSEMBLY MEETING - MARCH 11,1980
(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 6:30 P.M. in
the Borough Assembly Chambers.
II ROLL CALL
Present
Mr. Phil Anderson
Mr. Pat Cannon
Mr. Arnold T. Hansen
Mr. Dave Herrnsteen
Mr. Dan Ogg
Mr. James Peotter
Mrs. Betty J. Wallin
Absent
Mr. Edward B. Jack - excused (fishing)
Mr. Ogg rendered one objection to Mr. Jack's being excused.
A quorum was established.
III ACCEPTANCE OF AGENDA
The following additions were requested:
1 Item C - Mr. David Hoopes under COMMUNICATIONS & APPEARANCES
2; Item M - Resolution No. 80-18-R (Ed Opheim) under NEW BUSINESS
Mr. Hansen moved to accept the Agenda as amended. Seconded by
Mr. Peotter. Motion carried by unanimous voice vote.
IV MINUTES OF PREVIOUS MEETINGS
A. Assembly Regular - February 1 (cont. 2), 1980
B. Assembly - Special - February 25, 1980
Mr. Peotter moved to accept Items A and B. Seconded by Mr. Anderson.
Mr. Ogg noted a correction on page 3, paragragh 4, the last sentence
should read, "There is land existant for a new well and a new sewer."
The minutes as presented with the corrections were accepted by unanimous
voice vote.
V MINUTES OF OTHER MEETINGS
A. Mental Health - January 23, 1980
B. P & Z - January 16, 1980 and January 30, 1980
C. School Board - January 14, 1980, January 28, 1980 and February 11, 1980
Mr. Peotter moved to acknowledge receipt of Items A, B and C. Seconded by
Mr. Hansen. Motion carried by unanimous voice vote.
VI COMMUNICATIONS & APPEARANCES
A. Mental Health Board Appointments
Mayor Wallin recommended appointing the following:
1) Mr. Guy Powell (3 yr. term)
2) P1s. Ilva Murbach (3 yr. term)
3) his. Margaret Olsen (2 yr. term)
4) his. Vicky Hester (2 yr. term)
5) Ms. Eugenia Simbre (3 yr. term)
Mr. Peotter moved to ratify the appointments of the Mayor. Seconded by
Mr. Hansen. Motion carried by unanimous voice vote.
KIB ASSEMBLY MINUTES-'MARCH`1I, 19$b
PAGE 2
B. Personnel Board Appointments
Mayor Wallin recommended appointing the following:
1) Lorna Arndt (2 yr. term)
2) Neville Parsons (2 yr. term)
3) William R. Vogeler (2 yr. term)
Mr. Ogg moved to ratify the appointments of the Mayor. Seconded by
Mr. Peotter. Motion carried. Mr. Peotter rendered one objection.
Mayor Wallin directed the Clerk to advertise for the minority position
and to send a letter to the minority person on the Board indicating
the reasons why he was removed.
C. Mr. David Hoopes representing individual
Mr. Hoopes expressed his appreciation for the outstanding cooperation
that he received from the Assembly and the Borough Administration
during his visit here.
VII PUBLIC HEARINGS
A. Ordinance No. 79-31-0 Request to Amend the Comprehensive Land Use
Plan to Industrial USS 2539 (Koniag, Inc.)
Mr. Hansen moved to adopt Ord. No. 79-31-0. Seconded by Mr. Ogg.
Regular Session closed Public Hearing opened:
Legal Officer Kenny, from the Coast Guard, requested
that the Comprehensive Plan and the Rezoning Ordinance
be delayed for one month. Mr. Eaton, representing Koniag, agreed.
Public Hearing closed Regular Session opened:
Mr. Peotter moved to table until; requested to take it off the table
by either the Coast Guard or Koniag. Seconded by Mr. Anderson.
Unanimous roll call vote.
B. Ordinance No. 79-33-0 Request to Rezone USS 2539 from Conservation
to Industrial (Koniag Inc.)
Mr. Ogg moved to adopt Ord. No. 79-33-0. Seconded by Mr. Hansen.
Regular Session closed Public Hearing opened:
Legal Officer Kenny, from the Coast Guard, requested a delay
of one month. Mr. Eaton, representing Koniag, agreed.
Public Hearing closed Regular Session opened:
Mr. Peotter moved to table until requested to take it off the table
by either the Coast Guard or Koniag.. Seconded by Mr. Hansen.
Unanimous roll call vote.
C. Ordinance No. 80-8-0 Appropriating the Sum of $15,011.38 and Budget
Item Account for Hospital Insurance Premiums
Mr. Hansen moved to adopt Ord. No. 80-8-0. Seconded by Mr. Ogg.
Regular Session closed Public Hearing opened: No response.
Public Hearing closed Regular Session opened:
Motion carried by unanimous roll call vote.
VIII OLD BUSINESS
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 (Reconsideration)
Mr., Peotter moved for reconsideration of Ord. No. 80-1-0 (motion to approve
Ord. No. 80-1-0). Seconded by Mr. Cannon. Motion to reconsider carried
4-2 with Mr. Anderson and Mr. Ogg casting NO votes.
The main motion failed by unanimous ,roll call vote.
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B. Resolution No. 80-8-R Approving the Final Subdivision of Thirty-
one (31) Lots in the Port Lions Subdivision, Second Addition (KANA)
(Reconsideration)
Mr. Hansen moved for reconsideration of Res. No. 80-8-R (motion to adopt
80-8-R). Seconded by Mr. Ogg. Motion to reconsider carried 5-0 as Mr.
Peotter was out of the room and did not vote.
Recessed 7:05 P.M.
Reconvened 7:29 P.M.
Mr. Ogg moved to amend Res. No. 80-8-R by adding in the last paragraph,
second sentence: "that the alternate road construction design variance
is approved with the attached letter from the Borough Engineer and road
construction". Seconded by Mr. Hansen.
Amendment carried by Unanimous roll call vote.
A five (5) minute recess was called for the Attorney to review the Resolution.
Mr. Ogg moved to amend Res. No. 80-8-R by adding another paragraph to read:
AND BE IT FURTHER RESOLVED by the Kodiak Island Borough Assembly to authorize
the recording of the final plat without first requirin the City to complete
construction subject to prior execution of an acceptable subdivision agree-
ment between the Kodiak Island Borough and the Owner. Seconded by Mr. Hansen.
Amendment carried by unanimous roll call vote.
The main motion carried by unanimous roll call vote.
C. Proposed Borough -City Agreement on Borough Land Selections
Joint work session requested by City Council set for March 19, 1980.
D. KANA Housing Authority Fifty-four (54) Unit Low -Cost Housing
Mr. Hansen moved that the Kodiak Island Borough accept the KANA Housing
Authority as presented. Seconded by Mr. Peotter.
Mr. Ogg moved to amend by deleting paragraph seven (7):"The Municipality
agrees to exempt the tenants of the Project and the Local Authority from
the payment of sales taxes on rent for dwelling units in the Project."
Seconded by Mr. Peotter.
Recess called:
Meeting Reconvened:
Mr. Ogg moved to table. -Seconded by Mr. Anderson. Unanimous roll call vote.
fir. Duffy, representing HUD, appeared before the Assembly. He urged the
Assembly and the support of the Borough on this cooperation agreement
between the Borough and the KANA Housing Authority in support of the
creation of these units for the low income people.
Mr. Cannon moved to bring it off the table. Seconded by Mr. Hansen.
Motion carried 4-2 with Mr. Herrnsteen and fir. Peotter casting NO votes.
The following changes were made:
1) Page 1, second sentence: March 1980
2) Page 1, 1.(c) first sentence: delete to and add of 54 units
3) Page 1, 1.(c) second sentence: delete in the Kadiak Subdivision
4) Page 1, 1.(c) fourth sentence: delete excuses and put excludes
5) Page 2, 3.(b) second sentence: delete such and put the
6) Page 2, 3.(b) sixth sentence: delete in and put with
7) Page 2, 4.(a) fifth sentence: delete Kadiak Subdivision and put
same service area
S) Page 2, 4.(b) third sentence: delete in and put to
9) Page 3, 5.(b) third sentence: delete or necessary to provide adequate
access thereto
10) Page 3, 9. eleventh sentence: other public body for development or
11) Page 4 delete City Clerk and put Borough Clerk -Treasurer
12) Page 4 delete KENAI and put KANA HOUSING AUTHORITY
Mr. Ogg moved to amend by the above mentioned changes. Seconded by Mr. Hansen.
Unanimous roll call vote.
Motion carried to delete Item 7 in the amendment 5-1 with Mr. Hansen voting NO.
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PAGE 4
Mr. Ogg moved to delete Item 5. (b). Seconded by Mr. Cannon.
Motion carried 4-2 with Mr. Cannon and Mr. Hansen casting NO votes.
Mr. Herrnsteen moved to table. Seconded by Mr. Anderson.
Motion failed 2-4 with Mr. Anderson and Mr. Herrnsteen casting YES votes.
Mr. Ogg moved to amend by adding 5.(b) The Local Authority shall pay to the
Municipality such amounts as would be assessed against the Project sites
for sewer, water, and road improvement at a rate that would be,con0 stent,if
site were privately owned. Seconded by Mr. Cannon. Motion carried 5-1 with
Anderson casting the NO Vote.
Mr. Peotter moved to amend Item 3.(d) to read: Upon failure of the Local Authority
to make any Payment in Lieu of Taxes, a lien against the Project or assets of
the Local Authority shall attach, interest and penalities will accrue and attach
on account thereof. Seconded by Mr. Ogg. Amendment failed 1l 5 with Mr. Peotter
casting the YES vote.
Mr. Cannon called for the questions on the main motion. Seconded by Mr. Ogg.
Motion carried 5-1 with Mr. Peotter casting the NO vote.
Main motion carried 5-1 with Mr. Peotter casting the NO vote.
IX MANAGERS REPORT
1) Manager's Resignation (effective 3/31/80)
Mr. Peotter moved to accept the resignation of Mr. Hovanec. Seconded by
Mr. Ogg. Motion carried by unanimous voice vote.
Mr. Peotter moved that the Borough advertise for a new manager. Seconded
by Mr. Herrnsteen. Motion carried by unanimous voice vote.
The Mayor directed the Clerk to immediately tomorrow start notifying the
newspapers to start advertising.
Mr. Ogg moved to appoint Mr. Hansen as the temporary manager when Mr. Hovanec
leaves. Seconded by Mr. Anderson.
Mr. Peotter amended that Mr. Hansen be paid $3,600 per month while acting
as manager and that he would step-down from his seat on the Assembly during
that appointment. Seconded by Mr. Anderson. Unanimous roll call vote with
Mr. Hansen declaring conflict of interest.
Main motion carried by unanimous roll call vote with Mr. Hansen declaring
conflict of interest.
Mr. Peotter moved that a Letter of Commendation be placed in Mr. Hovanec's
file. Seconded by Mr. Hansen. Unanimous voice vote.
2) Updating Port Lions Comprehensive Plan
Mr. Peotter moved that the Manager be directed to make a grant application to
the Department of Community & Regional Affairs for the Comprehensive Plan
Revision of Port Lions and that the Borough out of the planning department
of special services allocate up to $2,000 for the Borough's matching portion.
Seconded by Mr. Hansen. Unanimous roll call vote.
3) Contract for Coastal Zone Management Plan Preparation and Coastal Energy
Impact Planning Grants
Mr. Ogg moved to go with Item 3: One full-time employee to coordinate
preparation of the plan and contract with consultants for specific
technical studies, graphics preparation and draft publication as required.
Seconded by Mr. Herrnsteen.
Mayor Wallin directed Mr. Milligan to make a copy of Contract For Services
available to Mr. Marshall for KANA.
Motion passed by unanimous roll call vote.
Mr. Ogg moved to continue the Assembly Meeting till -midnight.7' Seconded.by
Mr. Hansen. Motion failed 3-3 with Mr. Cannon, Mr. Herrnsteen and Mr.
Peotter casting the NO votes.
The Meeting recessed at 11:00 P.M.
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