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07/02/1980 Regular MeetingKODIAK ISLAND BOROUGH ASSEMBLY MEETING - JULY 2, 1980 (A Verbatim Record is on File in the Clerk's Office) I CALL TO ORDER The meeting was called to order by Mayor Dan Ogg at 6:30 P.M. in the Borough Assembly Chambers. II ROLL CALL D,.�. f Mr. Anderson (arrived 7:07 P.M.) Mr. Herrnsteen Mr. Peotter Mr. Selby Mr. Wakefield Mayor Ogg Absent Mr. Jack (fishing) Mr. Peotter moved to excuse Mr. Jack. Seconded by Mr. Herrnsteen. Unanimous voice vote. A quorum was established. III ACCEPTANCE OF AGENDA Mr. Peotter noted that Item P under New Business should be deleted. Mayor Ogg asked that under Communications & Appearances Item G. Appoint- ment of a Deputy Mayor, Substitute Deputy Mayor & a Contracting Officer and also under Communications & Appearances Item H. Approval of Managers Contract be added. [4r. Peotter moved to accept the agenda Unanimous voice vote. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Regular - June 5, 1980 B. Assembly - Special - June 7, 1930 C. Assembly - Special - June 17, 1980 Seconded by Mr. Herrnsteen. Mr. Peotter moved to accept A, B, & C. Seconded by Mr. Herrnsteen. Mayor Ogg noted a correction to the June 7 minutes on page 2, Section 2. D. the word road should be deleted after Spruce Cape. In the two sentences that says Road, Sewer and Water District it should be Service Area. Motion carried by unanimous voice vote. V MINUTES OF OTHER MEETINGS A. Personnel Advisory Board - Reg. April 28, 1980 Spec. May 21, 1980 B. Planning & Zoning - Reg. - April 16, 1980 Reg. - May 28, 29 & June 4, 1980 C. School Board - Reg. - May 27, 1980 Spec. - May 30, 1980 Spec. - June 2, 1980 Spec. - June 7, 1980 Reg. - June 10, 1980 Spec. - June 16, 1980 D. O.C.S. - Reg. May 13, 1980 E. Mental Health - Reg. - May 28, 1930 Mr. Peotter moved to acknowledge receipt of A, B, C, D, & E. Seconded by Mr. Herrnsteen. Unanimous voice vote. VI COMMUNICATIONS & APPEARANCES A. Jerome Selby re: O.C.S No Action. KIB'ASSEMBLY MINUTES - JULY 2, 1980 PAGE 2 B. O.C.S. Appointments Mayor Ogg appointed Mr. Reed Oswalt to fill the O.C.S. vacancy. Mr. Peotter moved to ratify the appointment. Seconded by Mr. Herrnsteen. Unanimous voice vote. C. Dissolution of Borough -wide Tax Structure Advisory Group Mr. Herrnsteen moved for the dissolution of the Borough -wide Tax Structure Advisory Group. Seconded by Mr. Peotter. Unanimous voice vote. D. Dissolution of Citizens Audit Research Tax Advisory Committee. Mr. Peotter moved for the dissolution of the Citizens Audit Research Tax Advisory Committee. Seconded by Mr. Herrnsteen. Unanimous voice vote. E. Dissolution of Firearms Useage Committee Mr. Peotter moved for the dissolution of the Firearms Useage Committee. Seconded by Mr. Herrnsteen. Unanimous voice vote. F. Dissolution of O.E.D.P. Committee. Mr. Peotter moved for the dissolution of the O.E.D.P. Committee effective July 31, 1980. Seconded by Mr. Herrnsteen. Unanimous voice vote. G. Appointment of Deputy Mayor, Substitute Deputy Mayor E Contract Officer Mayor Ogg appointed Mr. Hansen as Deputy Mayor and Mr. Herrnsteen as the Substitute Deputy Mayor. Mr. Selby moved to ratify the appointment. Seconded by Mr. Wakefield. Unanimous voice vote. Mayor Ogg appointed Mr. Hansen as the Borough Contract Officer. Mr. Herrnsteen moved to ratify the appointment with it to be reconsidered ninety (90) days after the new manager reports to work. Seconded by Mr. Wakefield. Unanimous voice vote. H. Approval of Managers Contract Mr. Herrnsteen moved to approve the Managers contract. Seconded by Mr. Anderson. Unanimous voice vote. VII PUBLIC HEARINGS A. Ord. No. 30-25-0 Amending Title 16 Of The KIB Code To Provide For Subdivision Appeals To The KIB Assembly And Amending Related Provision Pertaining To Enforcement Of Subdivision Approval. (2nd Rdg.) Mr. Peotter moved to adopt Ordinance No. 80-25-0. Seconded by Mr. Herrnsteen. Regular Session closed: Public Hearing opened: No Comments. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote. B. Ord. No. 80-26-0 Determining The Sum To Be Appropriated By The City Of Kodiak To The KIB To Equal Revenues Lost By The Borough Because Of The City's Exemption Of Personal Property Within Its Boundaries From The Borough's Personal Property Tax. (2nd Rdg.) Mr. Peotter moved to adopt Ordinance No. 80-26-0. Seconded by Mr. Anderson. Regular Session closed: Public Hearing opened: No Comments. Public Hearing closed: Regular Session opened: KjB ASSEMBLY, MINUTES-•,JULY 2j g80rs PAGE 3 Mr. Peotter moved to table until report from our attorney arrives. Seconded by Mr. Anderson. Unanimous voice vote. C. Ord. No. 80-28-0 Amending Title 18 Of The KIB Code Pertaining To Land Disposal Procedure. (2nd Rdg.) Mr. Peotter moved to adopt Ordinance No. 80-28-0. Seconded by Mr. Anderson. Regular Session closed: Public Hearing opened: No Comments. Public Hearing closed: Regular Session opened: Mr. Anderson moved to amend on page 7 to change 18.30.010 from one thousand dollars to five thousand dollars. Seconded by Mr. Herrnsteen. Amendment carried 4-1 with Mr. Peotter casting the NO vote. Main motion carried by unanimous roll call vote. D. Ord. No. 80-29-0 Enacting Title 4 Of The KIB Code Pertaining To Service Areas. (2nd Rdg.) Mr. Anderson moved to adopt Ordinance No. 80-29-0. Seconded by Mr. Wakefield. Regular Session closed: Public Hearing opened: No Comments. Public Hearing closed: Regular Session opened: Mr. Anderson moved to table Ordinance No. 80-29-0 until clarified to the satisfaction of the other assemblymen. Seconded by Mr. Selby. Unanimous roll call vote. VIII OLD BUSINESS A. Chamber of Commerce In -kind Services Mr. Anderson moved that the Chamber of Commerce request for in -kind services be removed from the table. Seconded by Mr. Herrnsteen. Unanimous roll call vote. Mr. Anderson moved that the Chamber of Commerce be given $5,184.00 to in -kind services. Seconded by Mr. Herrnsteen. Unanimous roll call vote. IX MANAGERS REPORT 1. Letter from David T. Hoope re: availability for reviewing BLM's DEIS for proposed Lease Sale No. 60. Mr. Herrnsteen moved authorize the expenditure of up to $4,750 for Phase I to Mr. Hoopes to do this review plus any reproduction & mailing costs. Seconded by Mr. Selby. Unanimous roll call vote. 2. Proposal from Richard Block, Risk Management Consultant. Mr. Selby moved that we advertise for bid for the Risk Management Evaluation for the Borough. Seconded by Mr. Herrnsteen. Unanimous roll call vote. 3. Audit proposal selection. Mr. Peotter moved by substitution to accept the Arthur Young and Co. proposal of $18,500 with the stipulation that they be notified that out-of- pocket expenses would not exceed $7,000. Seconded by Mr. Herrnsteen. Unanimous roll call vote. Mr. Herrnsteen moved that the Price Waterhouse proposal be accepted if the Arthur Young and Co. does not accept our proposal. Seconded by Mr. Anderson. Unanimous roll call vote. 4. Professional design contract for Akhiok. Mr. Peotter moved to accept the contract with The Haeg-Bettis Associates not to exceed $288,016.63. Seconded by Mr. Herrnsteen. unanimous roll call vote. KIBmASSEMBLY MINUTES .ti JI�LYr2, )980R PAGE 4 5. Resolution No. 80-33-R re: annexation of territory on the Alaska Peninsula. Mr. Wakefield moved that the manager go ahead and prepare the petition to be brought up at the Work Session on the 19th for approval by the assembly. Seconded by Mr. Selby. Mr. Herrnsteen moved to table Resolution No. 80-33-R till the August regular meeting and have a public hearing. Seconded by Mr. Peotter. Unanimous roll call vote. 6. Ordinance No. 80-34-0 (1st Rdg.) re: revenue sharing funds Mr. Peotter moved to adopt Ordinance No. 80-34-0. Seconded by Mr. Selby. Unanimous roll call vote. 7. Ordinance No. 80-35-0 (1st Rdg.) re: accepting $43,000 grant (Hospital Eqt.) Mr. Peotter moved to adopt Ordinance No. 80-35-0. Seconded by Mr. Selby. Unanimous roll call vote. B. Ordinance No. 80-36-0 (1st Rdg) re: establishing a Kodiak Economic Development Commission Mr. Wakefield moved to adopt Ordinance No. 80-36-0. Seconded by Mr. Anderson. Unanimous voice vote. 10. Bid to move the trailer to Chiniak School Mr. Anderson moved to accept the bid from Union Tire & Brake in the amount of $$2,925, but before they move the trailer they are to have adequate insurance to cover it. Seconded by Mr. Selby. Unanimous voice vote. 11. Bid for drilling new well at Chiniak. Mr. Herrnsteen moved to accept the bid from Kodiak Drilling in the amount of $3,000 plus $50 per foot for anything over sixty feet. Seconded by Mr. Anderson. Unanimous roll call vote. 12. Bid for up to $30,000 worth of material (discount bid)(Chiniak School) Mr. Herrnsteen moved to accept the bid from West Coast Lumber. Seconded by Mr. Selby. Unanimous roll call vote. X NEW BUSINESS A. Res. No. 80-32-R Designating Use For "The Sale Of Land Funds" Mr. Anderson moved to table Resolution No. 80-32-R and also to table Ordinance No. 80-32-0 for a work session and then for review by the attorney. Seconded by Mr. Herrnsteen. Unanimous roll call vote. B. Ord. No. 80-32-0 Establishing A Policy Regulating The Use Of Funds From The Sale Of Borough Owned Lands (1st Rdg) Tabled in the same motion with the resolution above. C. Res. No. 80-29-R Expressing Nonobjection To Discontinue G.C.A. At The State Airport. Mr. Peotter moved to amend by deleting "and may self-destruct at any moment," and put in and replacement of inoperable components are difficult to obtain. Seconded by Mr. Herrnsteen. Mr. John Pfeifer - Chairman of the local Safety Committee for PATCO - spoke against the resolution. Mr. Stan Baltzo - President of the Kodiak Pilots Association - spoke against the resolution. Ralph Wright - Flirite - No objection to removal of PAR but feels there is a need for the surveillance radar in Kodiak. KIB ASSEh1BLY MINUTES =`, JU11Y 2y 1'980,.' PAGE 5 Peter Meyberg - local Manager for Wien Air Alaska - They can no longer support the GCA stand. Amendment carried by unanimous voice vote. Mr. Peotter moved by substitution to add in the title after the words "NON -OBJECTION TO" DISCONTINUANCE OF THE PAR PORTION OF THE GCA (GROUND CONTROL APPROACH) AT THE STATE AIRPORT; after the third WHEREAS insert the PAR (Precision Approach Radar) portion of the GCA has been replaced by the Instrument Landing System ILS now in operation and used by all major airlines, and; after the fourth WHEREAS, delete "the system is also available for smaller aircraft" and insert the ASR can be a safety factor in the operation of many small aircraft in Kodiak, and; delete "NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough expresses no objection to the discontinuance of GCA," and insert WHEREAS, the Kodiak Island Borough expresses no objection to discontinuance of the PAR portion of the GCA, and; then add NOW, THEREFORE, BE IT RESOLVED aineo as a unanimous voice vote. an -31 N D. Res. No. 80-30-R Proposed Subd. Of Lot 4, Blk. 5, Bells Flats AK Subd. Into Three Lots (4A, 4B & 4C)(Approx. 1.02 acres each)(Robert Brooks) VOID - With passage of Ord. No. 80-25-0 this is now the managers job to sign plats and does not come before the Assembly unless it is appealed. E. Res. No. 80-31-R Placing Before The Voters Of The KIB The Question Of Election Of A Charter Commission To Prepare A Unification Charter. Mr. Peotter moved to adopt Resolution No. 80-31-R. Seconded by Mr. Anderson. Motion failed 2-3 with Mr. Anderson and Mr. Peotter casting the YES votes. F. Ord. No. 80-31-0 A Request To Rezone Lot 1, Blk. 1, Holland Acres First Addition From Rural Residential To Business (John T. Johnson)(Ist Rdg.) Mr. Anderson moved to adopt Ordinance No. 80-31-0. Seconded by Mr. Herrnsteen. Unanimous voice vote. G. Establishing Of Bells Flats/Russian Creek AK Subd. Planning Advisory Committee Mayor Ogg appointed the following: Mr. Anderson - Assembly Mr. Glen Mathes Mr. Bill Williams Mr. T.T. Jackson Mr. Mike Brechan Mr. John Pugh (or his designee) - P&Z Mayor Ogg set an organizational meeting up for July 9th at 6:30 P.M. in the Borough Conference Room. Mr. Herrnsteen moved to ratify the appointments. Seconded by Mr. Peotter. Unanimous voice vote. H. Ord. No. 80-33-0 Amending Section 2.16.030 Of Title 2 Of The KIB Code Of Ordinances, Borough Mayor & Assembly Stipend. (1st Rdg.) Mr. Peotter moved to adopt Ordinance No. 80-33-0. Seconded by Mr. Anderson. Unanimous voice vote. I. Request For Purchase Of Lot 12B, Blk. 3, USS 3219 Borough Owned Land (Duane Freeman) Mr. Anderson moved to have the Administration survey, plat and appraise the land. Seconded by Mr. Herrnsteen. Unanimous voice vote. J. Request For Lease Of A Portion Of Tract "A", Bells Flats Subd. (Proposed re -subdivision Lot 1, Blk. 1, Bells Flats Subd.)(KEA) Mr. Peotter moved that the Manager be authorized to proceed with negotia- tions in accordance with the requests of the Planning & Zoning Commission for the KEA lease. Seconded by Mr. Selby. (Chair ruled that Mr. Anderson may vote on this subject.) Unanimous voice vote. KIB,TSSgMBLY MINUTES _a JULY 4, 1g80 PAGE 6 K. 'Request For Access Easement West Of Lots 1 & 2, Russian Creek AK Subd. (David J. King) Mr. Anderson moved that Mr. King be granted the easement under these conditions as specified in the letter. Seconded by Mr. Selby. Mr. Herrnsteen moved to amend the motion that the approval is subject to the borough having ownership of that land. Unanimous voice vote. Main motion carried as amended by unanimous voice vote. L. To Hold Public Hearing On "Shall The'Kodiak Island Borough Assume Port Construction Powers". Public Hearing on August agenda. M. KIB May 1980 Financial Statement Mr. Anderson moved to accept the May financial statement as presented. Seconded by Mr. Herrnsteen. Unanimous roll call vote. N. KIBSD Report of Revenues & Expenditures for May 1980. Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Wakefield. Unanimous voice vote. 0. Capital Improvements Program 5-Yr. Summary. Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Anderson. Mr. Peotter moved to amend that this be included as an appendix to the OEDP Report. Seconded by Mr. Anderson. Unanimous voice vote. The main motion as amended carried by unanimous voice vote. XI MAYORS COMMENTS 1. Letter from the Rural Alaska Community Action Program Asked approval from the Assembly stating that they feel Mr. Garnett is a good person to recommend for one of the citizen members. The assembly concurred with the request. 2. Letter from Larsen Bay re: Sanitary Landfill Mr. Hansen forwarded copies of papers needed to answer their questions. 3. Congratulated Mr. Hansen and the Planning Dept. on gaining $285,000 in grants. 4. Mayors Meeting (discussed the land swap and Grothe re: problem at the end of the runway) (re: Service District Area 1 - the City seemed to be agreeable to do it one more year with the condition that the Borough inform the Service District Advisory Board that they will have to go out with Mr. Beukers to determine exactly how many are hooked up to water & sewer.) 5. Requested to keep advertising for Personnel Board appointments. 6. Accepted Mr. Bakers resignation from the P & Z Commission. 7. Directed the administration to write a letter to the Navy re: situation with the Coast Guard Base and the leasing situation that is going on as we are thinking of the annexation out there.Find out what department of the Navy has control of that property before they lease it out. 8. Requested a letter be written to the Commissioner asking for a public hearing to take place in August in Kodiak on the State highways here. 9. Requested a letter be written to Commissioner Ward telling him that we are waiting for him to come down and bring charts to discuss port facilities. (decided to call instead) KZB ASSEMBLY' MINUTES -.,JU4 2,, 19P0 s PAGE 7 10. Commended Mr. Hansen for the good job he has done as acting manager. XII ASSEMBLY COMMENTS Mr. Anderson - None Mr. Wakefield - re: billing on delinquent taxes for Port Lions Mr. Selby - None Mr. Peotter - Was going to commend Mayor Ogg on a very efficient meeting on getting out at 11:00 P.M., but it is now 11:30 and we're not out yet. Mr. Herrnsteen - re: Mr. Ed Jacks resignation I would like to move to accept Mr. Jacks resignation effective July 5 as he stated. (The chair ruled against it.) I move to appoint Mr. Glen Mathes, -to be effective.when.Mr. Jack submits his resignation, to fill this vacancy so that we will be sure to have a quorum. (The chair ruled against.) I challenge the chair. I call for a vote. Challenge failed 2-3 with Mr. Herrnsteen and Mr. Wakefield casting the YES votes. XIII AUDIENCE COMMENTS Mr. Okey Chandler - Feels it is unfortunate that the Assembly denied the people the opportunity to have one government. Mr. Bill Williams - Would like to appeal to the Assembly to perhaps re- consider your action in passing Ord. No. 80-25-0. Feels it is fairly powerful ordinance and extends power. No action taken -in Executive Session re: legal matters. XIV ADJOURNMENT Mayor Ogg adjourned the meeting at 11:43 P.M.. (1 lD _ 1 r Mayor ATTEST: a i� C k