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01/09/1981 Regular Meeting9 5 KODIAK ISLAND BOROUGH ASSEMBLY MEETING - JANUARY 9, 1981 (A Verbatim Record is on File in the Clerk's Office) I CALL TO ORDER The meeting was called to order by Mayor Ogg at 6:35 P.M. in the Borough Assembly Chambers. II ROLL CALL Present Absent Mr. Anderson Mr. Arndt Mr. Herrnsteen Mr. Murray Mr. Peotter (arrived 6:38 PM) Mr. Wakefield Mayor Ogg A quorum was established. III ACCEPTANCE OF AGENDA Mayor Ogg requested the addition of and Dec. 1980 to L. under X. New Business. Also, under VI. Communications & Appearances he added I. Letter from KANA and J. Letter from Okey Chandler. Mr. Herrnsteen requested the addition under X. New Business of M. Review of Main School Architectural Plans. Mr. Murray requested the addition under X. New Business of N. Resolution re: Health Facilities. Mayor Ogg deleted C. Hospital Advisory Board Appointment under VI. Communica- tions & Appearances. The agenda was accepted as amended with no objections. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Spec. - Nov. 26, 1980 B. Assembly - Reg. - Dec. 4, 1930 Mr. Anderson moved to accept the minutes as presented. Seconded by Mr. Wakefield. Unanimous voice vote. V MINUTES OF OTHER MEETINGS A. Mental Health - Reg. -Nov. 19, 1980 B. School Board - Reg. - Dec. 8, 1980 Reg. - Dec. 22, 1980 C. P 3 Z - Reg. - Nov. 19, 1980 D. Health Resources - Reg. - Nov. 5, 1980 E. CZ11 Tech. Comm. - Oct. 30, 1980 Mr. Anderson moved to accept the minutes as presented. Seconded by 1r. Wakefield. Unanimous voice vote. VI COMMUNICATIONS & APPEARANCES A. Resignation - Mr. Hansen Mr. Anderson moved to declare a vacancy on the Assembly. Seconded by Mr. Wakefield. Unanimous roll call vote. Mayor Ogg requested a diploma be typed for Mr. Hansen. Mr. Herrnsteen moved to advertise for the vacant seat on the Assembly with the deadline for applicants being January 23 at 5:00 PM and this does not preclude the Assembly from submitting names. Seconded by Mr. Wakefield. Motion carried 5-1 with Mr. Anderson casting the NO vote. B. Health Resources Appointment Mayor Ogg appointed Jeanne Grothe and Susan Klemzak. Mr. Peotter moved to ratify. Seconded by Mr. Arndt. Unanimous voice vote. KI-Y ASSEM$LYA)MINUTEj -NarO 9 j 1981 Page 2 C. hospital Advisory Board Appointment Deleted. D. Personnel Board Appointment Mayor Ogg re -appointed Carol Smothers. Mr. Herrnsteen moved to ratify. Seconded by Mr. Anderson. Unanimous voice vote. Mayor Ogg requested that the advertisement continue because of the remaining vacancy. E. 1981 Population Determination (Alaska Municipal League) Mr. Peotter moved to show the Kodiak Island Borough population of 9,917. Seconded by Mr. Wakefield. Unanimous voice vote. F. Memo Re: Request to Rezone Tracts B & E, Kadiak AK Subd. From R-2 to R-3 and an amendment to the Comprehensive Land Use Plan From Medium Density To High Density Residential (Kodiak Island Housing Authority) No Action (Info only) G. Memo Re: Request to Rezone Lots 1A, 1B, 1C, Block 1, Emmons Addition and Lots 16A and 16B, USS 3099 From Rural Residential To R-2 (Beehler, Dick, Finley & Emmons) No Action (Info only) H. Appointment of an Audit Committee Temporary Audit Committee: 2 members from.KTB 2 members from KIBSD Mayor Ogg appointed the Finance Officer as the staff member to serve on the committee. Mr. Peotter moved to appoint Mr. Arndt. Seconded by Mr. Anderson. Motion failed 3-3 with Mr. Arndt, Mr. Herrnsteen & Mr. Wakefield casting the NO votes. Mr. Herrnsteen moved to appoint Mr. Wakefield. Seconded by Mr. Peotter. Motion carried by unanimous voice vote. I. Letter from KANA Mr. Peotter moved to set aside Monday, February 23, for the meeting between the Borough and the City Representatives. Seconded by Mr. Wakefield. Unanimous voice vote. J. Letter from Okey Chandler No action. (Address letter at Work Session - Jan. 17) Mayor Ogg appointed Mr. Herrnsteen as the Deputy Mayor. Mr. Anderson moved to ratify. Seconded by Mr. Wakefield. Unanimous voice vote. Mayor Ogg appointed Mr. Anderson as the second in line, Deputy Mayor. Mr. Wakefield moved to ratify. Seconded by Mr. Arndt. Unanimous voice vote. VII PUBLIC HEARINGS A. Ord. No. 79-9-0 Adoption of Parks & Recreation Plan (2nd rdg.) Mr. Peotter moved to adopt Ordinance Ho. 79-9-0. Seconded by Mr. Arndt. Regular Session closed: Public Hearing opened: Mr. Pat Holmes: spoke very positive toward acceptance. Public Hearing closed: Regular Session opened: Motion carried by unanimous roll call vote. KIB A$SEIMBLY'MI%, TES - .Jann 9,3 19 r Page 3 B. Ord. No. 80-50-0 Amending Title 15 Of The KIB Code Pertaining To The Adoption Of Current Revisions Of Uniform Codes Establishing Standards For Construction And Procedures For Regulating Compliance (2nd Rdg.) Mr. Peotter moved to adopt Ordinance No. 80-50-0. Seconded by Mr. Arndt. Regular Session closed: Public Hearing opened: Mr. Okey Chandler: wanted clarification. Mr. Glen Mathis: not really for or against, just wondering if the Borough has the manpower to handle such.as this. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote. VIII OLD BUSINESS A. Ord. No. 80-47-0 Adopting Names and Renaming Certain Streets Within The Kodiak Island Borough (Tabled) Mr. Peotter moved to remove from the table Ordinance No. 80-47-0. Seconded by Mr. Wakefield. There was no objection voiced. Mr. Peotter moved to table until the City brings back their half. Seconded by Mr. Arndt. Unanimous voice vote. B. Status Report: CZt1 Contract Between KIB & State of Alaska No action. Letters will be on the agenda for Special Meeting - Jan. 17. C. Expired Gravel Lease to Brechan for Parcel P-1 Mr. Arndt moved to adopt Resolution No. 81-1-R. Seconded by Mr. Murray. Mr. Arndt moved to amend that the Public Auction take place April 11. Seconded by Mr. Herrnsteen. The amendment failed 3-3 with Mr. Anderson, Mr. Peotter and Mr. Wakefield casting the NO votes. The main motion carried by unanimous voice vote. D. Bells Flats/Russian Creek Road Service District Request (Tabled) The Chair would entertain a motion to remove from the table. Mr. Peotter so moved. Seconded by Mr. Arndt. Unanimous voice vote. Mr. Peotter moved to authorize the expenditure for the Bells Flats/ Russian Creek Road Service District in the amount of $2,855.82. Seconded by Mr. Wakefield. Mr. Peotter moved to amend the dollar figure to $2,735.72. Seconded by Mr. Herrnsteen. Motion carried by unanimous voice vote. IX MANAGERS REPORT 1. Executive Session - Legal Matters The Chair would entertain a motion to go into Executive Session. Mr. Peotter so moved. Seconded by Mr. Arndt. Hearing no objection motion carried. (Entered Executive Session 8:30 PPi - out at 10:15 PM) a. Dayton Settlement: Instructed the attorney to agree with the counsel for the other parties to settle the case. b. Hospital Litigation: Attorney is to continue to work with the Borough Manager. c. Selby Litigation: Authorized Borough Manager to negotiate with Mr. Selby for settlement. }KIB1AS�EMBLY,�INUTE�)- �fn..)9,5�1981 Page 4 2. request for contribution to "Coast Guard Christmas for the Villages" Mr. Wakefield moved that the Borough contribute $500 to assist in defraying expenses of "Coast Guard Christmas for the Villages". Seconded by Mr. Herrnsteen. Motion carried with no objections. 3. Land Sale 1#4-Draft Resolution No. 81-1-R and Public Notice Re: P-1 Action taken under Old Business Item C. 4. International Harvester Backhoe Loader Report Mr. Murray moved to advertise=it for bid with the minimum bid of $851. Seconded by Mr. Anderson. Motion carried with no objection. 5. Compensation for General Counsel Mr. Anderson moved to grant the Attorney the $5 an hour raise. Seconded by Mr. Arndt. Motion carried with no objection. 6. Port Lions Comprehensive Plan Grant Mr. Peotter moved that the Manager pursue the funding. Seconded by Mr. Herrnsteen. Motion carried with no objection. 7. Hospital Audit - Information No action. 8. Recommendation for Award of Bid for Bells Flats/Russian Creek Maintenance Contract Mr. Anderson moved to accept and award the bid to Island Sand & Gravel. Seconded by Mr. Wakefield. Unanimous roll call vote. 9. Small World Work Session - January 17th 10. Koniag Rezoning Request Update This automatically comes into the Borough if excessed by the Military. The Ordinance will come up for first reading at the February meeting. 11. Hospital Surplus Property. Mr. Herrnsteen moved to authorize the Manager to go out for sealed bids on these items after first offering them to agencies in town who could possibly have use for them. Seconded by Mr. Arndt. Motion carried with no objection. 12. Ordinance No. 81-5-0 Relating To Election Procedures (1st Rdg.) Mr. Peotter moved to adopt Ordinance No. 81-5-0. Seconded by Mr. Anderson. Unanimous voice vote. X NE14 BUSINESS A. Ord. No. 81-1-0 Amending Ord. No. 80-21-0, Adjusting Budget (1st Rdg.) Mr. Peotter moved to adopt Ordinance No. 81-1-0. Seconded by Mr. Wakefield. Unanimous voice vote. B. An Easement Request on a Portion of USS 3468 for KEA Powerline Mr. Peotter moved for approval with the stipulation as stated by the P & Z Commission. Seconded by Mr. Herrnsteen. Unanimous voice vote. C. An Easement Request on USS 3468 for Electrical Service to a Resident Mr. Murray moved for approval. Seconded by Mr. Wakefield. Unanimous voice vote. KiB ASSEMBL'1" MIPIUTES 'Jan. 9) 1381,-. Page 5 D. Renewal of Lease for Kodiak Auto Wrecking and Salvage Mr. Anderson moved to renew the lease as requested. Seconded by Mr. Herrnsteen. Mr. Anderson moved to table to the Special Meeting on January 17th so the Manager will have time to get some more information on the legality. Seconded by Mr. Wakefield. Unanimous voice vote. E. Recommendation for Award of Bid on "Mobile Home" Mr. Anderson moved to accept the Staff's recommendation to award the bid to Yeshi Benyamin subject to endorsement of checks in hand in the amount of $6,500 and if the high bidder fails to endorse the checks the bid will be awarded to Island Home Development in the amount of $5,285. Seconded by Mr. Wakefield. Unanimous voice vote. F. Recommendation for Award of Bid on "Oil Transfer Hose" Mr. Anderson moved to accept the Staff's recommendation to award the bid for Oil Transfer Hose to Ace Tank & Equipment of Seattle in the amount of $6,351.11. Seconded by Mr. Murray. Unanimous roll call vote. G. Ord. No. 81-2-0 Delegating To Incorporated Home Rule, First and Second Class Cities Within The Borough Authority To Adopt And Administer Platting Regulations Within Their Corporate Limit (1st Rdg.) Mr. Murray moved to adopt Ordinance No. 81-2-0. Seconded by Mr. Peotter. Motion failed by unanimous roll call vote. H. Ord. No. 81-3-0 Amending Section 2.16.030 Of Title 2 Of The Kodiak Island Borough Code Of Ordinances, Borough Assembly Stipend (1st Rdg.) Mr. Peotter moved to adopt Ordinance No. 81-3-0. Seconded by Mr. Anderson. Motion failed 3-3 with Mr. Anderson, Mr. Herrnsteen and Mr. Murrav casting the NO votes. I. Ord. No. 81-4-0 Amending Chapter 2.20 Of Title 2 Of The Kodiak Island Borough Code Of Ordinances By The Addition Of Section 2.20.020, Mayor Stipend (1st Rdg.) Mr. Anderson moved to adopt Ordinance No. 81-4-0. Seconded by Mr. Herrnsteen. Motion failed 3-3 with Mr. Arndt, Mr. Murray and Mr. Wakefield casting the NO votes. J. Building Permit Activity Report/Sept. 1 - Nov. 30, 1930 Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Arndt. Motion carried with no objection. K. KIBSD Report of Revenues & Expenditures - Oct. 1980 & PJov. 1980 Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Wakefield. Motion carried with no objection. L. KIB Budget & Revenue Report - Nov. 1980 & Dec. 1980 Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Wakefield_ Motion carried with no objection. M. Review Main School Architecture Plans Mr. Herrnsteen moved to table to the Special Meeting, January 17th. Seconded by Mr. Arndt. Motion carried 5-1 with Mr. Peotter casting the NO vote. N. Resolution re: Health Facilities Mr. Murray moved to table to the Special ,fleeting, January 17th. Seconded by Mr. Anderson. Unanimous voice vote. 4IBCASS9MBLY MPNUTES :a JHr. ;9, 9817-' Page 6 XI MAYORS COMMENTS 1. KAHA HOUSING: Add to Work Session Agenda - Jan. 17th 2. February Assembly Meeting Date Change (Mayor going to Conf. of Mayors)_ February 3, 1981 was decided on with no objection from the Assembly. 3. Clerk Analysis: Would like for each of you to fill out performance form. 4. Progress on Sound System: Possibly have it done before the Feb. meeting. 5. Progress on D-2 agreement with Ouzinkie over watershed: Mr. Garnett said progress is being made. 6. Was Karluk counted in the census? Check & if not counted should object to it. 7. Work Session on Friday 16th at 7:00 PM re: Lands: Mr. Garnett and Mr. Tubbs will be present to go over the land selections and make final decisions. Then when we meet on Sat. with the State representatives and get down to our final agreements on land conveyance we can speed things up as much as possible. 8. Informational recommendation from person (not staff) transcribing from Assembly tapes: Mayor should identify each person before they speak and also that the Clerk's table should have a microphone. 9. Letter from F.A.A.: Effective Jan. 1st they are decommissioning the PAR and the hours for the ASR will be reduced to eight hours a day. 10. Letter from Mayor of Kenai re: ferry (request reduced rates in off- season for farm products between Kodiak, Homer & Kenai) The Assembly had no objection to the Mayor sending a letter to request this. 11. Letter from Mayor of Anchorage requesting Proclamation for month of Feb.: Mayor Ogg proclaimed February as Heart Month in KIB. XII ASSEMBLY COMMENTS Mr. Anderson: 1. I would like to have the Assembly invite Mr. Gifford, of Gifford Aviation, down here to a meeting or work session so we can get some information out to the public re: his intentions as to service to the villages. 2. Would like for the Mayor to appoint a replacement to the Architectural Review Board. Mayor Ogg appointed Mr. Arndt. There was no objection from the Assembly. 3. Mr. Anderson moved to have the Manager to get our Building Inspector or his assistant out in the field at least six hours a day five days a week to start finding out where all these buildings are going up and inspect them. Seconded by Mr. Arndt. Motion withdrawn. Directive instead. (AT THIS POINT WE DO NOT HAVE ANY VERBATIM ON TAPE) Wakefield: No Comments. Mr. Murray: 1. Distributed his priorities for CIP. 2. Mr. Murray moved to withhold $50 from each Assemblyman's stipend, except for Mr. Herrnsteen, for the Christmas (1980) party. Seconded by Mr. Arndt. No objection. (Mr. Herrnsteen paid cash) 3. Wonder if the Managers Report could be distributed sooner? 4. Arthur Young audit Did not accept - tabled to Special Meeting Jan. 17. 5. Commended Mr. Hansen as Assemblyman Mr. Murray moved that a letter of appreciation be sent to Mr. Hansen. Seconded by Mr. Arndt. Unanimous voice vote. Mr. Arndt: No comments 9 5 KIB ASSEMBLY MINUTES - Jan. 9, 1981 Page 7 Mr. Herrnsteen: 1. Feels the advertisement that is published to hire a Manager is too stringent. Mr. Herrnsteen moved to have Mr. Arndt, Mr. Murray and Mr. Peotter as a committee to review the resumes and work on drawing up the contract. Seconded by Mr. Murray. Unanimous voice vote. Mr. Peotter: 1. Karluk Loan: they have been notified. 2. Title 29 re: appointment of officers. Manager look into possible ordinance change. 3. Need CZM goals & objectives in writing to me by bled. to submit to the CZM Coordinator for their meeting Fri., Jan 4. Would like to request authorization to attend Municipal League Meeting, as legislative memter, in Juneau Jan. 19th. Mr. Arndt moved to authorize Mr. Peotter and Mr. Wakefield's trip to the meeting in Juneau. Seconded by Mr. Anderson. Unanimous voice vote. 5. State Parks will be talking with Assembly re: funding XIII AUDIENCE COMME14TS Okey Chandler: requests Anton Larsen Road as #1 priority. XIV ADJOURNMENT Mayor Ogg adjourned the meeting at 12:50 A.M.. Borough Mayo ATTEST: 16th.