04/02/1981 Regular Meeting1 l) n �) a
KODIAK ISLAND BOROUGH ASSEMBLY MEETING - APRIL 2, 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 (arrived 6:36PM)
Mr. Peotter
Mr. Wakefield
Mr. White
Mayor Ogg
A quorum was established.
III ACCEPTANCE OF AGEADA
Mr. Anderson moved to close the agenda
Unanimous voice vote.
IV MINUTES OF PREVIOUS MEETINGS
A. Assembly - Reg. - March 5, 1981
B. Assembly - Spec.- March 17, 1981
Mr. Peotter moved to accept Items A & B
Unanimous voice vote.
Seconded by Mr. Peotter.
Seconded by Mr. Wakefield.
V MINUTES OF OTHER MEETINGS
A. Mental Health - Reg. - Jan. 28, 1931
Spec. - Feb. 24, 1981
B. KIBSD - Reg. - Feb. 23, 1981
Reg. - March 9, 1981
C. P & Z - Reg. - Feb. 18, 1981
D. Bells Flats Service District - Reg. - Feb. 11, 1981
E. Health Resources - Reg. - Feb. 4, 1981
F. O.C.S. - Reg. - Feb. 17, 1931
Mr. Peotter moved to accept Items A, B, C, D, E & F. Seconded by
Mr. Herrnsteen. Unanimous voice vote.
VI COMMUNICATIONS & APPEARANCES
A. Girls Basketball Team Awards
Resolution No. 81-15-R Honoring The Kodiak Island Borough High School
Championship Girls Basketball Team For 1981.
Mr. Peotter moved to adopt Resolution No. 81-15-R. Seconded by Mr.
Arndt. Unanimous voice vote.
Mayor Ogg presented award certificates to each of the girls and coaches.
B. Letter to Timberline
Mr. Peotter moved to extend the lease of Mr. Reed Oswalt on that portion
of ADL 44355 (Sawmill Lease Site 76-1) until such time as the Borough
Assembly awards or denies his application for a new lease. Seconded by
Mr. Arndt. Motion carried 6-1 with Mr. Wakefield casting the NO vote.
C. Karluk IRA Council Letter re: Erosion
Mr. Peotter moved that this matter be referred to the Planning Department
KIB A%EMBLY-MEETING-^RAPPI1aL 2) 1931d
Page 2
for tneir study and report back to us to see what available funds we
can get through grants to assist in this problem and what action we
can take. Seconded by Mr. Herrnsteen. Unanimous voice vote.
D. Letter re: Afternoon Delight
No Action Taken.
E. Architects Report on Hospital Inspection & Recommendation
Discuss items one, two & three as outlined in Mr. MacFarlane's report
at the April Work Session.
F. Proposed Rifle Range / Salonie Creek
No Action Taken.
G. Proposed Amendments To The Alaska Coastal Management Act
Mr. Anderson moved to accept Staff's recommendation on this.
Seconded by Mr. Herrnsteen. Unanimous voice vote.
H. O.C.S. Appointments
The Chair wishes to re -appoint Mr. Jeff Stephan and Mr. Alvin Burch
to the O.C.S. Council.
Mr. Peotter moved to ratify the appointments of Mr. Stephan and Mr.
Burch to the O.C.S. Council. Seconded by Mr. Herrnsteen. Unanimous
voice vote.
I. Mental Health Appointment
The Chair would like to appoint Vicky Hester, Carl Kunkle and Mark
Routzahn for the three (3) year terms.
Mr. Peotter moved to ratify the appointments of Vicky Hester, Carl
Kunkle and Mark Routzahn for three year terms on the Mental Health Board.
Seconded by Mr. Herrnsteen. Unanimous voice vote.
J. Health Resources Appointment
Mayor Ogg accepted the resignation of Ms. Joan Minks and appointed
Mr. Van Wieringen to fill the unexpired term.
Mr. Peotter moved to ratify the appointment of Mr. Van Wieringen
until November. Seconded by Mr. Anderson. Unanimous voice vote.
Letter from Loren D. Halter, M.D. to Mr. Van lieringen re: Use of
hospital for containment of disturbed patients was read by Mayor Ogg.
Mr. Van Wieringen suggested this be taken up at the Work Session
along with the report from Mr. MacFarlane. There was no objection
from the assembly.
VII PUBLIC HEARINGS
A. Ord. No. 81-12-0 Amending Title 17 Of The Kodiak Island Borough
Code Pertaining To Zoning (2nd Rdg.)
Mr. Peotter moved to adopt Ordinance No. 81-12-0. 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. 31-13-0 Rezoning Lots 1A, 1B, 1C, Block 1, Emmons Addition,
USS 2843, Lots 1, 2A, 2B, 3A, & 3B, Block 2, Emmons Addition, USS 2843
And Lots 16A1 and 16B, USS 3099 From Rural Residential To R-2.
(Beehler, Anderson, Emmons, Finley, Magnussen, Clever & Dick)(2nd Rdg)
Mr. Peotter moved to postpone Item B until the May meeting. Seconded by
11r. White. Unanimous voice vote.
K1i A5�EMALY MEETING-'APRL 21 1981 ,
Page 3
C. Ord. No. 31-14-0 Pertaining To Assessment Of Costs For Operation
And Maintenance With Respect To Capital Improvement (2nd Rdg)
Mr. Peotter moved to adopt Ordinance No. 81-14-0. Seconded by Mr.
Herrnsteen.
Regular Session closed:
Public Hearing opened:
Mr. Arndt: (as a concerned individual)Residents are concerned that
they not be assessed these maintenance costs if they cannot utilize
the service.
Public Hearing closed:
Regular Session opened:
Mr. Anderson moved to amend by adding Section 1. B. A pro
is unable to be served by a capital improvement because o
or distance shall not be assessed. Seconded by Mr. Arndt
Mr. Herrnsteen moved to amend the amendment by adding for operation
and maintenance. Seconded by Mr. Peotter. Amendment carried 4-3
with Mr. Anderson, Mr. Murray and Mr. Wakefield casting the NO votes.
The amendment as amended carried 5-2 with Mr. Anderson and Mr. Murray
casting the NO Votes.
Main motion as amended carried 4-3 with Mr. Anderson, Mr. Murray and
Mr. Wakefield casting the NO votes.
D. Ord. No. 81-15-0 Creating And Appointing A Uniform Building Codes
Board Of Appeals (2nd Rdg)
Mr. Anderson moved to defer as per staff recommendations. Seconded by
Mr. Arndt. Unanimous voice vote.
VIII OLD BUSINESS
A. Ord. No. 31-10-0 Providing For Negotiated Lease Of Borough Owned
Real Property. (Tabled)
Mr. Anderson moved to remove from the table. Seconded by Mr. Wakefield.
Unanimous voice vote.
The Chair wishes the assembly to substitute the re -written copy that
was a handout. (1st rdg)
Mr. Peotter so moved. Seconded by Mr. Arndt. Unanimous voice vote.
B. Kodiak Auto Wrecking & Salvage Lease
No Action Taken.
C. Reconsideration of Sale of P-1
Nr. Wakefield moved not to sell P-1. Seconded by Mr. White.
(Public Testimony)
Debbie Walser: (resident of Bells Flats & on P&Z Commission) thinks the
Borough should hold off on any sale until things are the way they should
be,i.e. Comp. Plan updated.
Walt Ebell: the industrial area provides the community with necessary
services.
Andy Brumbaugh: (electronics) for the sale.
John Pugh: (representing City) reiterated the letter received from the
City as to the necessity of this area.
Dennis Zwiefelhafer: a decision should be made.
Bruce Moss: under impression that when the gravel on there was gone it
would no longer be used.
Arthur Olds: (works for Brechan) "please think of what you're doing".
P,IB'�ASSQMBLY MRETING'I APRIL;)2,'`1931
Page 4
Bill Williams: We believe that the zoning in our area is not in
conformance to good zoning practices. We ask that the Borough
retain the land in their possession until such time as this action
has taken place.
Leo Kinney: (U.S.C.G) the Coast Guards biggest concern with parcel
P-1 is, if you sell it and it is as unlimited industrial land that
you will have started a chain of events that will cause a large
industrial development in that area.
Mike Brechan: #1. original ordinance was not in error, it was
created for a need, #2. feels they do want to Close us and
#3.feels its gone on long enough. I think the time is now, to
sell it and be done with the matter.
[Motion not to sell P-1 failed 3-4 with Mr. Herrnsteen, Mr. Wakefield
and Mr. White casting the YES votes.
fir. Peotter moved that the sale proceed forty-five (45) days following
the receipt of the appraisal of the property and fifteen (15) days
prior to the sale the Borough will review the development plans.
Seconded by Mr. Arndt.
Mr. Peotter moved by substitution that the land be sold forty-five (45)
days after the receipt of the appraisal and that fifteen (15) days prior
to the sale all proposals must be received by the Borough Clerk for
Assembly review prior to the date of sale. Seconded by Mr. Arndt.
notion carried 5-2 with Mr. Herrnsteen and Mr. Wakefield casting the NO votes.
D. Res. No. 81-8-R Authorizing The Finance Officer To Effect Certain Line
Item Changes In FY 80-81 Budget Per Ord. No. 80-21-0.
fir. Peotter moved to direct Mr. Weeks to draw up an ordinance and
resolution to rectify the budget for the $155,000 to come before
the assembly at the special meeting on April 16. Seconded by Mr. Arndt.
Unanimous voice vote.
Mr. Peotter moved to adopt Resolution No. 81-8-R. Seconded by Mr. Arndt.
Unanimous voice vote.
IX MANAGERS REPORT
1. Memo re: Aviation Hill Houses (Mental Health & Head Start)
Mr. Peotter moved that Staff be directed to get an estimate of cost for
the moving and the placement of the building and report back to the
assembly at a work session what those costs would be and where those
funds could come from in our current budget. Seconded by Mr. Anderson.
Unanimous voice vote.
Mr. Peotter moved that the proposed site, with the necessary surveying
or what has to be done to the proposed site be done and that site be
designated for the Mental Health site. Seconded by Mr. Anderson.
Unanimous voice vote.
2. Letter on Sawmill Circle/Lakeview Drive - Info only
3. Service District I Letter
Information only.
4. Resolution No. 81-16-R Supporting SB 252
Mr. Peotter moved to adopt Resolution No. 31-16-R. Seconded by Mr.
Wakefield. Unanimous voice vote.
5. Resolution No. 81-17-R Supporting HB 262
Mr. Wakefield moved to adopt Resolution No. 31-17-R. Seconded by
fir. Anderson. Unanimous voice vote.
6. Resolution No. 81-13-R Supporting SB 25 and SB 26
f1r. Peotter moved to adopt Resolution No. 31-18-R. Seconded by Mr.
White. Unanimous voice vote.
h'IBI"AS5$MBLY M]�ETING�J Afki1,72,119M Page 5
7. Memo: FY 81 CDBG Information Report
Mr. Anderson moved that the Staff be directed to work on this problem
and come up with the best solution they can. Seconded by Mr. Herrnsteen.
Motion carried with no objection.
S. Borough/State Land Settlement
No Action Taken. (Special Meeting - April 16)
9. Memo: AK Native Foundation & KANA OCS Meeting
No Action Taken.
10. Memo: In House Survey - Engineering Department
11. Auto Allowance v. Vehicle Purchase or Lease
12. FMA Recommendations on IBM System 34
The above three items will be taken up at the Assembly & Staff
Work Session - Tuesday, April 7 at 7:00 PM.
13. Resolution 81-19-R Transferring Monies within the Energy Grant Fund
Mr. Murray moved to adopt Resolution No. 81-19-R. Seconded by Mr.
Peotter.
Mr. Peotter moved to defer action until later in the meetinq_. Seconded
by Mr. Wakefield. Motion carried with no objection.
14. Memo: Request for Change Order - Cottonwood Circle/Willow Circle
Mr. Murray moved to authorize the Engineer to proceed with the existing
contract for the completion of Willow Circle and to come back to the
assembly once that is completed within budget and then deal with the
question of Change Order. Seconded by Mr. Peotter.
Mr. Arndt moved to amend to approve the request of the Change Order
and get both of them done now. Seconded by Mr. Anderson.
Amendment carried 6-1 with Mr. Wakefield casting the NO vote.
Main motion as amended carried by unanimous roll call vote.
(13) Mr. Murray moved to un-defer Resolution 31-19-R. Seconded by Mr.
Wakefield. No objection.
Mr. Peotter moved to amend to change the title under Transfer from:
to Regional Fuel Oil Delivery Analysis in the amount of $25,000
and under Transfers to: amend by putting in Energy Management And
Control in the amount of a10,000 and Work Force Training 15,000
for a total of $25,000. Seconded by Mr. Arndt. Amendment carried
with no objection.
The main motion as amended carried by unanimous voice vote.
X NEW BUSINESS
A. 81-82 Budget Presentation (Information only)
No Action Taken
B. Res. No. 81-12-R Authorizing Application For A Grant Increase Of
State Funds For Service District I Wastewater Facility Plan, State
Grant Offer C-020069.
Mr. Herrnsteen moved to adopt Resolution Ilo. 81-12-P,. Seconded by Mr.
Anderson. Unanimous voice vote.
C. Res. No. 81-14-R Authorizing Purchase of 25 Kld Generator for Larsen Bay
Mr. Anderson moved to adopt Resolution No. 31-14-R. Seconded by Mr.
Herrnsteen. Unanimous voice vote.
Mr. Herrnsteen moved to award the bid to Alaska Marine u Equipment, Inc.
in the amount of $9,408.14 (FOB Kodiak). Seconded by Mr. Anderson.
Unanimous voice vote.
1 KTJ AS)SEMBLY�_)MEETINQ -Jpr3l P 1631
Page 6
D. Ord. No. 31-8-0 Amending The Kodiak Island Borough Comprehensive
Land Use Plan (Koniag, Inc.)(lst Rdg)
Mr. Peotter moved to adopt Ordinance No. 81-8-0. Seconded by Mr.
Anderson. Motion carried with no objection.
E. Ord. No. 81-9-0 Rezoning Approximately 46 Acres + Within USS 2539
From Conservation To Industrial. (Koniag, Inc.)(Tst Rdg.)
Mr. Peotter moved to adopt Ordinance No. 31-9-0. Seconded by Mr.
Wakefield. Motion carried with no objection.
F. Purchase Application on USS 2332, Iron Creek, Raspberry Island
(James & Karen Schauff)
Mr. Peotter moved that the Planning Dept. be directed to divide the
parcel up and offer it for sale. Seconded by Mr. Herrnsteen.
Unanimous voice vote.
G. Ord. No. 81-16-0 Amending Section 2.16.080 Of The Kodiak Island
Borough Code (Ord. No. 74-6-0 Section 1-PART)(1st Rdg)
Mr. Peotter moved to adopt Ordinance No. 81-16-0. Seconded by Mr.
White. Motion carried 4-3 with Mr. Anderson, Mr. Herrnsteen and
Mr. Wakefield casting the NO votes.
H. KIBSD Revenues & Expenditures Report - Feb. 1931
Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Wakefield.
Motion carried with no objection.
I. KIB Detailed Budget & Revenue Report - Feb. 1981
Mr. Peotter moved to acknowledge receipt. Seconded by Mr. 'Wakefield.
Motion carried with no objection.
XI MAYORS COMMENTS
1. Request to designate May 10-16 as Small Business !leek.
Mayor Ogg proclaims May 10-16 as Small Business Week on Kodiak Island.
2. The Chair would like to have a motion to direct the Planning Staff
to work on sales of Borough owned land along the road system.
Mr. Herrnsteen so moved. Seconded by Mr. Peotter. Motion failed 2-5
with Mr. Herrnsteen and Mr. White casting the YES votes.
XII ASSEMBLY COMMENTS
Mr. Peotter: No Comments
Mr. Herrnsteen: No Comments
Mr. Arndt: No Comments
Mr. White: No Comments
Mr. Murray: 1. Mental Health Budget on next Work Session.
2. Would like staff to write villages re: the best time
for them for the assembly to travel to meet with them.
Mr. Wakefield: I need to know the schedule for this month.
Mr. Anderson: 1. "Crisis Management"
2. B Tract in Bells Flats: I think it's time we did something
on the tract one way or another.
XIII AUDIENCE COMMENTS
John Felton (Felton Construction): If you have several persons responsible
and have someone inspect it to be sure everything is up to standards and
if it's not just pull their pit. I think you can see that we have demonstrated
that for what we've done out there that it is developed according to what it
should be. I was told last year that any changes or proposes we would hear
about. I would appreciate having that then I could know which way your think-
ing is going. I do have a lot of investment in this.
Frenchy Richardson : I have been trying to get myself some gravel out
there for four years paying the filing fees & etc. I haven't gotten any
rock yet. I think we should get on the ball and either take it off the
market or lease it out.
KIB ASSEMBLY- MCITING DAp' it 43R, '$98r,'
Page 7
Mike Brechan: Even though my competition is saying he wants gravel,
I am for it. Two years ago we spent some time with Mr. Anderson and
the members of P & Z to find out what the Borough wanted done with the
B Tract. We have volunteered our time, our studies and we've come up
with proposals and it's about time that the Borough, as a body, sat down
and made decisions as to how they want it developed and what they
want it to look like at the far end.
XIV ADJOURNMENT
Mayor Ogg adjourned the meeting at 12:00 midnight.
ATTEST:
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Borough Cl rk