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04/02/19811 :I 1 )? fl 9 1 1 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) tlr. Peotter Mr. Wakefield Mr. White Mayor Ogg A quorum was established. III ACCEPTANCE OF AGE:IOA Mr. Anderson moved to close the agenda. Seconded by Mr. Peotter. 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. Seconded by Mr. Wakefield. Unanimous voice vote. 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 f.E - Reg. - Feb. 18, 1931 D. Bells Flats Service District - Reg. - Feb. 11, 1981 E. Health Resources - Reg. - Feb. 4, 1981 F. O.C.S. - Reg. - Feb. 17, 1981 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 1 KIg A%E4LY'MEETINr f*PRd)L 1181. 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. 0.C.S. Appointments The Chair wishes to re- appoint Mr. Jeff Stephan and Mr. Alvin Burch to the 0.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 teals on the Mental Health Board. Seconded by Mr. Herrnsteen. Unanimous voice vote. J. Health Resources Appointment Mayor Ogg accepted the resignation of Ms. Joan (links and appointed Mr. Vaa Wieringen to fill the unexpired term. Mr. Piptter moved to ratify the appointment of Mr. Van Wieringen until Seconded by Mr. Anderson. Unanimous voice vote. Letter from Loren D. Halter, M.D. to Mr. Van Wieringen re: Use of hospjtal 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. 81 -13 -0 Rezoning Lots 1A, 18, 1C, Block 1, Emmons Addition, USS 2843, Lots 1, 2A, 28, 3A, & 3B, Block 2, Emmons Addition, USS 2843 And Lots 16A1 and 168, USS 3099 From Rural Residential To R -2. (3eehler, Anderson, Emmons, Finley, Magnussen, Weyer & Dick)(2nd Rdg) Mr. Peotter moved to postpone Item B until the May meeting. Seconded by sir. White. Unanimous voice vote. J KId ASgkEALY MEQI' . :APRdIL 14 1181 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 property that is unable to be served by a capital improvement because of topography 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. tio. 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 Mr. 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 Ebel 1. the inductrial area prnuirloc the c _..... u n ity w ith .. oc ser vices. 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" 4IB' S98MBLY MEETU'^ -4 APRIL32, $9 &1 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. 1r. 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. Motion 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. Mr. Peotter moved to direct Mr. Weeks to draw up an ordinance and resolution to rectify the budget for the 3155,000 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 fungs 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 S3 252 M oanttar moved to adopt PncnIutinn '!o. 31 - - Seconded by Mr. Wakefield. Unanimous voice vote. 5. Resolution No. 81 -17 -R Supporting HB 262 Mr. Wakefield moved to adopt Resolution '10. 81 -17 -R. Seconded by Mr. Anderson. Unanimous voice vote. 6. Resolution No. 81 -13 -R Supporting S3 25 and SB 26 Mr. Peotter moved to adopt Resolution 'io. 21 - 18 - R. Seconded by Mr. White. Unanimous voice vote. RIBf)SSEMBLY '•QETIh ' AR 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. 8. Borough /State Land Settlement No Action Taken. (Special Meeting - April 16) 9. Memo: AK Native Foundation & KANA 0CS 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 G 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 meeting. Seconded by Plr. Wakefield. Motion carried with no objection. :4. 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 jiegional Fuel Oil Delivery Analysis in the amount of 325,000 and under Transfers to: amend by putting in Energy Management And Control in the amount of ,10,000 and Work Force Training 315,000 for a total of 525,000. 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-020059. Mr. Herrnsteen moved to adopt Resolution No. 81 -12 -R. Seconded by Mr. - Anderson. Unanimous voice vote. C. Res. No. 81 -14 -R Authorizing Purchase of 25 KW 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 G Equipment, Inc. in the amount of $9,438.14 (FOB Kodiak). Seconded by Mr. Anderson. Unanimous voice vote. t Kri ASAEMRLY'TIEETIW 'tipr'91 8 19a1 Page 6 D. Ord. No. 31 -8 -0 Amending The Kodiak Island Borough Comprehensive Land Use Plan (Koniag, Inc.)(1st 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 45 Acres + Within USS 2539 From Conservation To Industrial. (Koniag, Inc.)(lst 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 Week. 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 AS4EM8LY COMMENTS Mr. Peotter: No Comments Mr. Herrnsteen: No Comments 1%,.. Arndt: tlo 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. French/ 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 lISSEJIBL? MaTIN( ApSjil , 1937 Page 7 XIV ADJOURNMENT ATTEST: 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. Mayor Ogg adjourned the meeting at 12:00 midnight. ‘k Q Borough Mayor