05/07/1981 Regular MeetingKODIAK ISLAND BOROUGH ASSEMBLY MEETING - MAY 7, 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 6:30 P.M. in the
Borough Assembly Chambers.
II ROLL CALL
Present i Absent
fir. Anderson
Mr. Arndt
Mr. Herrnsteen
Mr. Murray (arrived 6:32 PM)
Mr. Peotter
Mr. Wakefield
Mr. White (arrived 6:32 PM)
Mayor Ogg
A quorum was established.
III ACCEPTANCE OF AGENDA
Mr. Herrnsteen moved to delete Items C, D, F, G, H and the first letter
of E under COMMUNICATIONS & APPEARANCES with the second letter of E to
be moved to Item G under NEW BUSINESS. Seconded by Mr. Arndt.
Unanimous voice vote.
IV MINUTES OF PREVIOUS MEETINGS
A. Assembly -
Spec.
- March
25,
1981
B. Assembly -
Reg.
- April
2,
1981
C. Assembly -
Spec.
- April
16,
1981
D. Assembly -
Spec.
- April
22,
1981
Mr. Peotter moved to accept Items A, B, C & D. Seconded by Mr. Herrnsteen.
Motion carried with no objection.
V. MINUTES OF OTHER MEETINGS
A. KID Service District #1 - March 30, 1981
B. Health Resources - Reg. - March 4, 1981
C. KIBSD - Reg. - March 23, 1981
Reg. - April 13, 1981
D. Personnel Advisory Board - Jan. 12, 1981
E. Plental Health Center - Reg. - March 18, 1981
F. P & Z - Reg. - March 18, 1981
Mr. Peotter moved to acknowledge receipt of Items A, B, C, D, E & F.
Seconded by Mr. Herrnsteen. (lotion carried with no objection.
VI COMMUNICATIONS & APPEARANCES
A. P & Z Representative
I. Memo re: P & Z Work Session Schedule
Mr. Gerald Gudenau was present representing the P & Z Commission.
Mayor Ogg read a letter from Mr. Walton reminding the Assembly of
the Work Session with P & Z on May 27 at 7:30 PM.
B. Mental Health Appointment
The Chair appointed Ms. Pat Tavon to the Mental Health Board for the
unexpired term ending April 1, 1983.
Mr. Wakefield moved to ratify. Seconded by Mr. Anderson.
Motion carried with no objection.
J. Status of Lakeview Subd. - Len Grothe
Mr. Anderson r.ioved to direct the Manager to write Mr. Grothe a letter
KIBr)RSSTMBLY MT ETING --+ P'la�Y -A 1981 `''
PAGE 2
stating that the intent of the Borough is to exchange property and to
allow the Manager to negotiate. Seconded by Mr. Arndt.
Mr. Murray moved to amend by deleting sending a letter and just instruct
the Manager to negotiate an equitable solution to the problem and bring
it back to the Assembly. Seconded by Mr. Herrnsteen. Amendment carried
6-1 with Mr. White casting the NO vote.
Motion as amended failed 3-4 with Mr. Anderson, Mr. Arndt and Mr.
Herrnsteen casting the YES votes.
Mr. Peotter moved that the Manager be directed to negotiate a resolution
to the problem concerning the land in question belonging to Mr. Grothe and
bring it back to the Assembly. Seconded by Mr. Arndt. Motion carried
6-1 with Mr. White casting the NO Vote.
VII PUBLIC HEARINGS
A. Ord. No. 81-8-0 Amending The Kodiak Island Borough Comprehensive Land
Use Plan (Koniag, Inc.)
Mr. Peotter moved to adopt Ordinance No. 81-8-0. Seconded by Mr. Wakefield.
Regular Session closed:
Public Hearing opened:
Lt. Cmdr. Leo Kenny: (U.S.C.G.) To the extent that I understand it is
necessary to change the Comprehensive Plan overall to an industrial
classification in order to have any rezoning in the other area, the
Coast Guard will not object subject to the fact that we are going to
object to the unlimited industrial zoning classification of that parcel
of land.
Hank Eaton: (Koniag) The area has been industrially used for many years
without any objection from the Coast Guard. I still think that the area
is best suited for continued industrial development. As far as the
classification is concerned, I can't ever see any heavy industry being
involved in the area.
Public Hearing closed:
Regular Session opened:
Motion carried by unanimous voice vote.
B. Ord. No. 81-9-0 Rezoning Approximately 46 Acres + Within USS 2539 From
Conservation To Industrial (Koniag, Inc.)
Mr. Wakefield moved to adopt Ordinance No. 81-9-0. Seconded by Mr. Herrnsteen.
Regular Session closed:
Public Hearing opened:
Hank Eaton: (Koniag) I have an objection to the provisions of the agreement
between Koniag and the Coast Guard being included in the Ordinance. We feel
that this would in fact be somewhat discriminatory in that nobody else has
ever had any of the easements or covenants included as part of their rezoning.
Lt. Cmdr. Leo Kenny: (U.S.C.G.) The Coast Guard doesn't oppose the Ordinance
as drawn; however, I have provided a suggested substitute Ordinance. This
merely takes the language from your Ordinance and tells you why you have the
authority to do it.
Public Hearing closed:
Regular Session opened:
Mr. Wakefield moved to amend by deleting Secion 3 of Ordinance 031-9-0.
Seconded by Mr. Anderson. Amendment failed 2-5 with Mr. Anderson and Mr.
.4akefield casting the YES votes.
Mr. Murray moved to table Ordinance No. 81-9-0. Seconded by Mr. White.
Motion carried 4-3 with Mr. Anderson, Mr. Peotter and Mr. Wakefield
casting the NO votes.
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PAGE 3
C. Ord. No. 81-10-0 Providing For Negotiated Lease Of Borough Owned
Real Property
Mr. Anderson moved to table. Seconded by [sir. Arndt. Motion carried 4-3
with Mr. Murray, Mr. Wakefield and Mr. White casting the NO votes.
D. Ord. No. 81-13-0 Rezoning Lots IA, 1B, 1C, Blk. 1, Emmons Addition,
USS 2843, Lots 1, 2A, 2B, 3A & 3B, Blk. 2, Emmons Addition, USS 2843
And Lots 16A1 and 16B, USS 3099 From Rural Residential To R-2
(Beehler, Anderson, Emmons, Finley, Magnussen, Wever & Dick)
Mr. Arndt moved to adopt Ordinance No. 31-13-0. Seconded by Mr. White.
Regular Session closed:
Public Hearing opened:
Asa Beehler: I am the person that initiated this request.
Glenn Dick: I don't think changing this to R-2 is going to change much
in the neighborhood.
Bill Wever: Five years ago when I bought my property, I was told by the
Borough that I could build a duplex with no problem.
Okey Chandler: Against the Ordinance, it will make it a less desirable
place in which to live.
David Cook: (Representative of Kodiak Baptist Mission Board of Directors)
Just want to express concern if this is a perpetuation of the ongoing
principal of zoning changes to meet existing violations?
Public Hearing closed:
Regular Session opened:
Mayor Ogg read the letter dated April 24, 1981 from Dr. Bob Johnson into
the record. Also, the Mayor read the petitions into the record.
Motion carried by unanimous roll call vote.
E. Ord. No. 81-16-0 Amending Section 2.16.080 Of The KIB Code
(Ord. No. 74-6-0 Section 1-PART)
Mr. Peotter moved to adopt Ordinance No. 81-16-0. Seconded by Mr. White.
Regular Session closed:
Public Hearing opened: NO COMMENTS.
Public Hearing closed:
Regular Session opened:
Motion failed 1-6 with Mr. White casting the YES vote,
F. Ord. No. 81-18-0, Amending Ord. No. 80-21-0 And Ord. No. 31-1-0 ($155,000)
Res. No. 81-21-R Authorizing The Finance Officer To Effect Certain Line
Item Changes In FY 80-81 Budget Ord. No. 80-21-0 As Amended.
Mr. Anderson moved to adopt Ordinance No. 80-18-0.
Regular Session closed:
Public Hearing opened: NO COMMENTS.
Public Hearing closed:
Regular Session opened:
[lotion carried by unanimous voice vote.
Mr. Herrnsteen moved to adopt Resolution No. 81-21-R
Wakefield. Motion carried with no objection.
VIII OLD BUSINESS
A. Memo re: Kodiak Auto Wrecking & Salvage
Seconded by Mr. Herrnsteen.
Seconded by Mr.
Mr. Herrnsteen moved that the Manager continue to try and negotiate with
Mr. Stover as previously stipulated. Seconded by Mr. Anderson. Motion
carried 4-3 with Mr. Arndt, Mr. Peotter and Mr. Wakefield casting the
NO votes.
IX MANAGERS REPORT
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PAGE 4
A. Attorneys Report
Mr. James Bendell gave a brief explanation re: land selection suit with
the State.
2. Resolution No. 81-27-R Authorizing the Finance Officer to Effect Certain
Line Item Changes in FY 80-81 Budget
Mr. Herrnsteen moved to adopt Resolution No. 81-27-R. Seconded by Mr. Peotter.
Motion carried with no objection.
Mr. Herrnsteen moved to award the bid to Design Labs, Inc./Orion Consultants
in the amount of $28,000 to perform Energy Conservation Analysis. Seconded
by Mr. Murray. Motion carried unanimously.
3. Resolution No. 81-28-R Declaring that the Existing Form of Representation
and Apportionment Meets the Standards of AS 29.23.021
Mr. Herrnsteen moved to adopt Resolution No. 81-28-P,. Seconded by Mr. Arndt.
Motion carried by unanimous voice vote.
4. Resolution No. 81-29-R Accounting for Year End Encumbrances for KIBSD
Mr. Peotter moved to adopt Resolution No. 81-29-R. Seconded by Mr.
Herrnsteen. Motion carried with no objection.
5. Ordinance No. 81-24-0 FY 31-82 Budget (1st rdg)
Mr. Herrnsteen moved to adopt Ordinance No. 81-24-0. Seconded by Mr.
Anderson. Motion carried with no objection.
6. Memo Re: CSHB 31 (Fin) an Act Relating to Management of State Lands
Mr. Peotter moved to voice objection as pointed out by Mr. Tubbs to the
Municipal League and Legislators. Seconded by Mr. Wakefield. 'lotion
carried by unanimous voice vote.
7. Fairbanks North Star Borough Resolution #81-23 Re: Tax Relief
Mr. Wakefield moved to send a letter to the Legislators to continue their
endeavors in reducing local tax burdens. Seconded by Mr. Herrnsteen.
Motion failed 2-5 with Mr. Wakefield and Mr. White casting the YES votes.
X NEW BUSINESS
A. Ord. No. 81-19-0 Amending The Class Title And Pay Range Table Of The
Kodiak Island Personnel Rules And Regulations (1st Rdg.)
Mr. Anderson moved to adopt Ordinance No. 81-19-0. Seconded by Mr.
Herrnsteen. Motion carried by unanimous voice vote.
B. Setting Date to Destroy Ballots for the years 1975 through 1979
Mr. Anderson moved that they be burned in Sutliff's incinerator.
Seconded by Mr. Herrnsteen. Motion carried with no objection.
(Assemblymen Herrnsteen & White volunteered.)
C. Ord. No. 81-20-0 Revising The Kodiak Island Borough Municipal Code
Title 3 (1st Rdg.)
Mr. Herrnsteen moved to adopt Ordinance No. 81-20-0. Seconded by Mr.
Anderson. Motion carried by unanimous voice vote.
D. Ord. No. 81-21-0 Amending Ord. 79-1-0, Which Rezoned Lots 12 through
19, Blk. 2, And Lots 9 through 16, Blk. 3, Allman Subdivision (Addition)
From R-1 Residential to B-Business, Without Special Limitations.(lst Rdg.)
(Art Bars & Greg Furin)
Mr. Herrnsteen moved to adopt Ordinance No. 81-21-0. Seconded by Mr. White.
Motion carried by unanimous voice vote.
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E. Ord. No. 81-22-0 Amending The Schedules Relating To Pay Ranges And
Class Titles For Employees Of KIB And Providing An Effective Date (1st Rdg)
Mr. Anderson moved to adopt Ordinance 81-22-0. Seconded by Mr. Herrnsteen.
Mr. Arndt moved to amend that the increase be 4% for cost -of -living which
takes effect January 1, 1932 through June 30, 1982. Seconded by Mr. White.
Amendment carried 5-2 with Mr. Anderson and Mr. Wakefield casting the NO votes.
Motion as amended carried 4-3 with Mr. Anderson, Mr. Arndt and Mr. Wakefield
casting the NO votes.
F. Ord. No. 81-23-0 Amending The Class Title And Pay Range Table Of The
KIB Personnel Rules And Regulations (1st Rdg.)
Mr. Anderson moved to adopt Ordinance No. 31-23-0. Seconded by Mr.
Herrnsteen.
Mr. Herrnsteen moved to amend by deleting Deputy Clerk from the ordinance.
Seconded by Mr. Murray. Amendment carried 4-3 with Mr. Anderson, Mr.
Wakefield and Mr. White casting the NO votes.
Main motion as amended carried 5-2 with Mr. Anderson and Mr. Wakefield
casting NO votes.
G. Res. No. 81-22-R Requesting The Utilization And Allocation Of Funds
For Preliminary Engineering And Design Of Borough Roads
Mr. Anderson moved to adopt Resolution No. 81-22-R. Seconded by Mr.
Herrnsteen. Motion carried by unanimous roll call vote.
Letter re: Port Lions Capital Improvement Projects
This item will be discussed at the Work Session on May 28.
H. Res. No. 31-23-R Declaring Certain Lands On Kupreanof Surplus To
Borough Needs
Mr. Anderson moved to adopt Resolution No. 81-23-R. Seconded by Mr.
Herrnsteen. Motion carried by unanimous voice vote.
I. Res. No. 81-24-R Establishes Board Of Equalization Dates For the 1981
Original Tax Assessment Valuation Roll
Mr. Anderson moved to adopt Resolution No. 81-24-R. Seconded by Mr.
Herrnsteen, potion carried by unanimous voice vote.
J. Res. No. 31-25-R Authorizing The Finance Officer To Effect Certain
Line Item Changes In FY 80-81 Budget Ord. No. 80-21-0, As Amended
Mr. Arndt moved to adopt Resolution No. 81-25-R. Seconded by Mr. Murray.
Motion carried by unanimous voice vote.
K. KIBSD Report of Revenues & Expenditures - March 1981
Mr. Murray moved to acknowledge receipt. Seconded by Mr. Wakefield.
Motion carried with no objection.
L. KIB Detailed Budget & Revenue Report - March 1981
Mr. Peotter moved to acknowledge receipt. Seconded by Hr. Herrnsteen.
Motion carried with no objection.
M. East Elementary P.E. Addition / Award of Construction Contract
tlr. Peotter moved to grant the East Elementary P.E. Addition Construction
Contract to Collins Construction Company in the amount of $976,000 with an
alternate of $19,500. Seconded by Mr. Wakefield.
Mr. Herrnsteen moved to table action on awarding of bid until after an
Executive Session on legal matter. Seconded by Mr. Arndt. Motion carried
by unanimous voice vote.
K$B ASMBLY� METING-)Mag1 7,,)19[)1
PAGE 6
Mr. Herrnsteen moved to go into Executive Session concerning Neal &
Company and award of bid. Seconded by Mr. Arndt. No objection.
Mr. Herrnsteen reported out of Executive Session stating that they
discussed legal ramifications with the Attorney and no action was taken.
Mr. Arndt moved to remove from the table the award of bid on East
Elementary. Seconded by Mr. Herrnsteen. Unanimous voice vote.
'Ir. Arndt moved by substitution to award the bid to Neal & Company in the
amount of $929,290 with Alternate No. 1 at $18,000 and Unit Prices of one
at $16.00, two at $22.50 and three at $18.50. Seconded by Mr. Herrnsteen.
Unanimous roll call vote.
Mr. Peotter left at 11:00 Pf•1 in accordance with the rules of operation.
N. Request For Grant / Karluk School
Resolution No. 81-26-R Authorizing Application For A Grant To
Construct A School In Karluk
Mr. Anderson moved to adopt Resolution No. 81-26-R. Seconded by Mr.
Wakefield.
Mr. Arndt moved to amend by adding or his successor after the name
Arnold T. Hansen. Seconded by Mr. Anderson. Amendment carried with
no objection.
Main motion as amended carried by unanimous voice vote.
XI MAYORS COMMENTS
1. Would like to have a certificate filled out for Stan Fisher for
effort on the clean-up of Kodiak.
2. Terror Lake Dam briefing re: Borough Land Selection
3. Work Session with the City Council (May 11 at 7:00 PM)
4. Mayor Ogg declared May 10-16 as National Clerk's Week.
5. Draft Proposal of 1981 Election District
XII ASSEMBLY COMMENTS
Mr. Herrnsteen: No Comments.
Mr. Arndt: No Comments.
Mr. White: Would like the Attorney to check into the legality of the City
taxing oil that is delivered outside the City.
Mr. Murray:1.'Would like to have the minutes of P ?, Z and the other committees
in the next months Assembly packets if at all possible. Nhen they wait until
they are approved the contents are items that have been taken up at the previous
Assembly meeting. It would be good to know their feelings on the items
that are coming up for action at the Assembly meeting.
2.Would like the manager, with the staff, to look into what alternate sites
are available to the Borough for solid waste disposal so that we have some
options.
Mr. Wakefield: No Comments.
Mr. Anderson: 1. Would like to see the Comprehensive Plan brought back.
2. Unless the Borough is going to act on the recommendations of the Committees,
I feel like it is a waste of time and materials.
3. If and when we get the property, I think the metal dump should be put out
for bid and let the successful bidder operate it under the Borough's direction.
XIII AUDIENCE COMMENTS (NONE)
XIV ADJOURNMENT
Mayor Ogg adjourned the meeting at 12:00 (midnight).
ATTEST:
Borough May r