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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. KIB ASSVMB1 Y MINUTES,} MARCL# 11, 1940 PAGE 3 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. KIB ASSEI4BLY MIPUTES MARCH�,111,1940 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. :]