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09/04/1980 Regular Meetingrt e KODIAK ISLAND BOROUGH ASSEMBLY MEETING - SEPTEMBER 4, 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 Pvacont Mr. Ancerson Mr. Hansen Mr. Herrnsteen Mr. Peotter Mr. Selby Mr. Wakefield Mayor Ogg Absent Mr. Jack (unexcused) Mr. Hansen moved that Mr. Jack not be excused. Seconded by Mr. Peotter. Motion carried 5-1 with Mr. Herrnsteen casting the NO vote. A quorum was established. III ACCEPTANCE OF AGENDA Mayor Ogg deleted Item D under New Business and requested that it be put on the agenda for the October meeting. He also requested that an Item I be added under Public Hearings, Resolution No. 80-42-R. Under Communications and Appearances, the Mayor requested the addition of Item D, a Memorandum from the OCS Advisory Council. Mr. Peotter moved to accept the agenda as amended. Seconded by Mr. Hansen. Unanimous voice vote. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Reg. - August 7, 1980 B. Assembly - Spec - August 16, 1980 (12:20 PM) C. Assembly - Spec - August 16, 1980 (12:31 PM) D. Assembly - Emergency - August 16, 1980 Mr. Peotter moved to accept Items A, B, C & D. Seconded by Mr. Wakefield. Unanimous voice vote. V MINUTES OF OTHER MEETINGS A. O.C.S. - Reg. - August 12, 1980 B. P & Z - Reg. - July 16, 1980 C. School Board - Spec - August 19, 1980 Mr. Peotter moved to acknowledge receipt of Items A, B & C. Seconded by Mr. Wakefield. Unanimous voice vote. VI COMMUNICATIONS & APPEARANCES A. Linda Freed - Information Setting up of a CZM Advisory Committee, which would be a technical committee rather than a representative advisory committee of the community. Also, try to utilize the advisory committee already set up for OCS. Would like to utilize the OCS Coordinator, which is a Secretary III position, to support both functions. That way there would be one advisory committee, one staff support member and one technical advisory committee. Delayed until the Work Session and Special Meeting on September 20. .fIB. ASSEMBEY M;NUTES.,T SQptia 4,1 1980 J 2:re]WA B. Appointment of Assembly Member to Advisory Board for Special Education Mayor Ogg appointed Mr. Peotter. C. Letter & Invoice re: PILT Fund Payments Mr. Peotter moved that the Kodiak Island Borough pay their share due in the amount of $366 to the Alaska Municipal League. Seconded by Mr. Herrnsteen. Unanimous roll call vote. D. Memorandum from the OCS Advisory Council Information only. VII PUBLIC HEARINGS A. Kodiak Island Housing Authority Land Acquisition (tabled) Mr. Wakefield moved to remove from the table. Seconded by Mr. Selby. Motion carried 5-1 with Mr. Peotter casting the NO vote. Mr. Selby moved to amend by inserting at 10% of in front of fair market value. Seconded by Mr. Wakefield. Motion carried 4-2 with Mr. Herrnsteen and Mr. Peotter casting the NO votes. (AMENDED MOTION: Tracts B & E of the Kadiak Alaska Subdivision be made available to the Kodiak Island Housing Authority at 10% of their fair market value.) Regular session closed: Public Hearing opened: Horace Simmons, Executive Director of Kodiak Island Housing Authority: read letter from the United Brotherhood of Carpenters supporting this project. Virginia Crowe, P & Z: offer to the public at a public auction at the fairmarket value; also, it is zoned R-2 and I wonder about the density. Okey Chandler: for Kodiak Island Housing Authority project. Scott Arndt: against offering it at 10% of fair market value. Bill Tsopanoglou: against the housing; same as ghettos. Public Hearing closed: Regular session opened: Mr. Hansen moved to amend by adding that Kodiak Island Housing Authori shall be responsible for the construction of Woody Way as an access to Tracts B & E. Seconded by Mr. Anderson. Motion carried-5-1 with Mr. Selby casting the NO vote. Mr. Peotter moved amend the amendment to include the Kodiak Island Housing Authority would be responsible for the full maintenance of the road or reimbursement for full maintenance of the road. Seconded by Mr. Anderson. Motion failed 1-5 with Mr. Peotter casting the YES vote. Main motion as amended carried 5-1 with Mr. Peotter casting the NO vote. B. Ord. No. 80-37-0 Request to Rezone Lot 8, USS 3098 From Rural Residential to Business (Alex & Vicki Leslie) C. Ord. No. 80-38-0 Request to Amend The Comprehensive Land Use Plan From Light Industrial to Business on Lot 8, USS 3098 (Alex & Vicki Leslie) Mr. Peotter moved to adopt Ord. No. 80-38-0. Seconded by Mr. Hansen. Public Hearing taken on Ord. No. 80-38-0 & Ord. No. 80-37-0 at the same time. Regular session closed: Public Hearing opened: KIB`ASSKMBLY 1-11NUTESf4 Sit:?4,11980 PAGE 3 Vicki Leslie: for both Ordinances. The Chair ruled that these items shall stay at the Public Hearing and remove it later in the meeting. Public Hearing closed: Regular session opened: Mr. Anderson moved to amend Ordinance No. 80-38-0 to read lot 8, USS 3098 as described in the deed. Seconded by Mr. Herrnsteen. Unanimous voice vote. Motion as amended carried by unanimous voice vote. Mr. Selby moved to adopt Ordinance No. 80-37-0. Seconded by Mr. Wakefield. Mr. Anderson moved to amend Ordinance No. 80-37-0 the same as Ordinance No. 80-38-0 was amended. Seconded by Mr. Selby. Unanimous voice vote. Motion as amended carried by unanimous voice vote. D. Ord. No. 80-39-0 Request to Rezone Lots 43-53, Blk 12, Aleutian Homes Subd., From Residential to Business (Kevin Arndt & Rodney Kiefer) E. Ord. No. 80-40-0 Request to Amend the Comprehensive Land Use Plan From Medium Density Residential to Business (Kevin Arndt & Rodney Kiefer) Mr. Hansen moved to adopt Ordinance No. 80-40-0. Seconded by Mr. Anderson. Public Hearing taken on Ord. No. 30-40-0 & Ord. No. 80-39-0 at the same time. Regular session closed: Public Hearing opened: No Comments. Public Hearing closed: Regular session opened: Mr. Peotter moved to table Ordinance No. 80-40-0 until P & Z has the justification. Seconded by Mr. Anderson. Unanimous voice vote. Mr. Hansen moved to adopt Ordinance No. 80-39-0. Seconded by Mr. Peotter. Mr. Hansen moved to table Ordinance No. 80-39-0. Seconded by Mr. Peotter. Unanimous voice vote. Ordinances 80-40-0 & 80-39-0 will go back to P & Z. Public Hearing will be held on Ord. No. 80-39-0 at the October meeting. G. Ord. No. 80-42-0 Request to Amend the Comprehensive Land Use Plan From Medium Density Residential to Business on Lots 7-18, Blk 2, USS 3219 (Scott Arndt) Mr. Peotter moved to adopt Ordinance No. 80-42-0. Seconded by Mr. Hansen. Regular session closed: Public Hearing opened: Cindy Pistorese: objected; when you take an area from residential to business you have many more problems to contend with. Bill Tsopanoglou: doesn't mind mini -warehouse or nice fence; but, not "junky" type. Scott Arndt: owner; for the rezoning. Lorna Arndt: for the rezoning. Public Hearing closed: Regular session opened: KI#B ASSEMBLY MINUTES - 'Sepl. ��, 11980 PAGE 4 Mayor Ogg read letter from Carolyn M. Brisco stating that she is opposed to the zoning change from medium density residential to business. Motion carried 5-1 with Mr. Herrnsteen casting the NO vote. F. Ord. No. 80-41-0 Request to Rezone Lots 7-18, Blk. 2, USS 3219 From Rural Residential to Business (Scott Arndt) Mr. Selby moved to adopt Ordinance No. 80-41-0. Seconded by Mr. Hansen. Regular session closed: Public Hearing opened: Scott Arndt: for rezoning. Cindy Pistorese: against rezoning. Public Hearing closed: Regular session opened: Mr. Hansen moved to amend Ordinance No. 80-41-0 by deleting Section 2. Seconded by Mr. Anderson. Amendment carried 5-1 with Mr. Herrnsteen casting the NO vote. Mr. Peotter moved to table Ordinance No. 80-41-0 and the administration draft a contract for consideration by the Assembly at the Special Meeting, Sept. 20. Seconded by Mr. Anderson. Motion carried 5-1 with Mr. Wakefield casting the NO vote. H. Resolution No. 80-42-R Placing On The Ballot At The Next Regular Election The Question Of Assumption By The Kodiak Island Borough On An Areawide Basis Of The Powers Necessary To Provide Harbors, Wharves And Other Marine Facilities. Mr. Hansen moved to adopt Resolution No. 80-42-R. Seconded by Mr. Herrnsteen. Mr. Hansen moved to amend Res. No. 80-42-R by deleting the words "On An Areawide Basis" in the title and in Section 1 and inserting the words In The Area Outside Of Cities. Seconded by Mr. Anderson. Regular session closed: Public Hearing opened: Alan Beardsley, Mayor of City of Kodiak: City of Kodiak strongly feels that we would like to retain our present position of having the powers. Okey Chandler: against it. Wilton White, member of City Council: in favor of amendment. Carol Lechner, member of City Council: in favor of amendment. Jeffery Stephan: wants to see the Borough take over powers in the Borough and the City. Ernie Mills, member of City Council: prior to the time I speak on this I want to propose that the amendment be voted on one way or the other prior to the time this Public Hearing is commenced. That is a "point of order" under Roberts Rules of order. Public Hearing closed: Regular session opened: The amendment carried 5-1 with Mr. Herrnsteen casting the NO vote. Bain motion as amended carried by unanimous roll call vote. j KIB ASSEMl3LY MIATE9 -lept. 4; 1980 PAGE 5 Mr. Selby moved to accept the Findings With Respect To Borough Assumption Of The Power To Provide Harbors, Wharves And Other Marine Facilities In The Area Outside Cities. Seconded by Mr. Peotter. Unanimous voice vote. Mayor Ogg asked that this be placed on the ballot for the General Election. VIII OLD BUSINESS A. Ord. No. 80-33-0 Amending Section 2.16.030 Of Title 2 Of The KIB Code Of Ordinances, Borough Mayor and Assembly Stipend. (Reconsideration) Mr. Peotter moved to reconsider Ordinance No. 80-33-0. Seconded by Mr. Hansen. Mr. Hansen moved to amend the ordinance to read Each Assembly Member shall receive $250/mo. and the Mayor shall receive a stipend of 500/mo. for attending one 1 regular meeting and one 1 work session each month. Seconded by Mr. Wakefield. VOID Mr. Selby moved to amend by substitution to read $175/mo and $350/mo.. Seconded by Mr. Peotter. Amendment failed 3-3 with Mr. Anderson, Mr. Hansen and Mr. Peotter casting the NO votes. Mr. Peotter moved to amend the ordinance to read Each Assembly Member and the Mavor shall receive $100 Der month reimbursement for out of sib!lities as an attending or excused assemblyman. Seconaea by Mr. wakeTlelo. Amendment carried 4-2 with Mr. Anderson and Mr. Hansen casting the NO votes. Main motion as amended carried 4-2 with Mr. Anderson and Mr. Hansen casting the NO votes. Mr. Herrnsteen moved that the effective date be November 1, 1980. Seconded by Mr. Wakefield. Motion carried 4-2 with Mr. Anderson and Mr. Hansen casting the NO votes. B. Res. No. 80-40-R Providing For Placement On The Ballot At The Next Borough Election An Initiative Partially Exempting Boats and Vessels From Ad Valorum Property Taxes. Mr. Hansen moved to adopt Resolution No. 80-40-R. Seconded by Mr. Herrnsteen. Motion carried by unanimous voice vote. Mr. Peotter moved that the Mayor objectively state what this would mean and advertise it. Seconded by Mr. Anderson. Unanimous voice vote. C. Local Service Roads & Trails Program 1981-1983 Mr. Selby moved to approve the Local Service Roads & Trails Program 1981-1983. Seconded by Mr. Hansen. Unanimous voice vote. With the consent of the Assembly, Mayor Ogg recessed the meeting until Friday, Sept. 5, 1980 at 6:30 PM. (Recessed approximately 11:00 PM)