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KODIAK ISLAND BOROUGH ASSEMBLY MEETING - SEPTEMBER 3, 1981
(A Verbatim Record is on File in the Clerk's Office)
I CALL T8 0
The meeting was called to order by Mayor Ogg at 6:45 P.M. in the
Borough Assembly Chambers.
II ROLL CALL
Present Absent
Mayor Ogg Mr. Murray (excused)
Mr. Anderson Mr. Wakefield (excused)
Mr. Arndt
Mr. Herrnsteen
Mr. Peotter
Mr. White
A quorum was established.
Mr. Anderson moved to excuse Mr. Murray and Mr. Wakefield. Seconded
by Mr. Arndt. Motion carried with no objection.
III ACCEPTANCE OF AGENDA
The Chair requested the addition of Item C. Resolution No. 81 -65 -R under
COMMUNICATIONS 8 APPEARANCES.
The Chair would entertain a motion to accept the agenda as amended.
Mr. Herrnsteen moved to accept the agenda as amended. Seconded by Mr.
Peotter, Motion carried with no objection.
IV MINUTES OF PREVIOUS MEETINGS
A. Assembly - Reg. - August 6, 1981
B. Assembly - Spec.- August 20, 1981
Mr. Peotter moved to accept Items A and B as presented. Seconded by Mr.
White. Motion carried with no objection.
V MINUTES OF OTHER MEETINGS
A. KIBSOr- Reg. - August 10, 1981
B. P S T (gr aft) - Reg. - August 19, 1981
Mr. Herrnsteen moved to acknowledge receipt of Items A and B. Seconded
by Mr. Arndt. Motion carried with no objection.
VI COMMUNICATIONS 8 APPEARANCES
A. P 8 Z Representative
Pat Briggs did not have any comments at this time.
B. 0.C.S. Resignation
Mayor Ogg accepted Captain Beach's resignation and requested a Certificate
of Appreciation for his services be written up and sent to him.
C. Res. No. 81 -65 -R Commending Joe Floyd For Twenty -seven Years Of Service
To The Children Of Kodiak And The Kodiak Community.
Mr. Peotter moved to adopt Resolution No. 81 -65 -R. Seconded by Mr. White.
Motion carried with no objection.
VII PUBLIC HEARINGS
A. Ord. No. 81 -36 -0 For The Disposal Of Tax - Foreclosed Land, USS 2332
Located On Raspberry Island.
Mr. Peotter moved to adopt Ordinance NO. 81 -36 -0. Seconded by Mr. Herrnsteen.
Regular Session closed:
Public Hearing opened: NO COMMENTS.
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Public Hearing closed:
Regular Session opened:
•
Motion circled by unanimous voice vote.
8. Ord. N0. 8I - - Amending The Comprehensive Plan From Public And Open
Space To Shopping Center On Lots 8 -10 And 19 -25, Blk. 2, Allman Addition,
City Of Kodiak. (KIB P & Z Commission, Mildred Markham and Merle Snider)
tlr. Peotter moved to adopt Ordinance No. 81 -38 -0. Seconded by Mr. Herrnsteen.
Mr. Peotter moved to table Ordinance No. 81 -38 -0. Seconded by Mr. Arndt.
Motion carried with no objection.
(Directed back to P & Z.)
C. Ord. No. 81 -39 -0 Rezoning Lots 19, 20, 23, 24 & 25, Blk. 2, Allman Addition,
City of Kodiak, From R -1 Single Family Residential to B- Business.
(KIB P & Z Commission, Mildred Markham and Merle Snider)
Mr. Peotter moved to adopt Ordinance No. 81 -39 -0. Seconded by Mr. White.
Mr. Peotter moved to table. Seconded by Mr. Arndt. Motion carried with no
objection. (Directed back to P & Z)
D. Ord. No. 81 -40 -0 Amending Chapter 17.06 Definitions And Chapter 17.24
Industrial (I) Zones, Deleting Chapter 17.27 Industrial Reserve IR
Zones, And Amending Chapter 17.57 Offstreet Parking And Loading.
Mr. Anderson moved to adopt Ordinance No. 81 -40 -0. Seconded by Mr. White.
Regular Session closed:
Public Hearing opened:
Michael Brechan: (representing himself and Brechan Enterprise, Inc.)
We feel the ordinance as drafted is headed straight toward light - industrial
and we fail to see the need for this ordinance change. Secondly, it opens
the Assembly, which is already over - worked, to a large number of additional
public hearings and additional administrative problems by the drafting of the
ordinance. I think it should be re- written, it should designate specific areas
for these particular uses that of: concrete plants, asphalt batch plants,
sand and gravel extraction and crushing operations.
Royal la I'm afraid that this is just another step to legislate me out of
businesla-
Mike Green: (Bells Flats) I am in favor of the ordinance.
Royal CArge: I object to this open - space, residential or wildlife habitat
in an industrial area. I am opposed to any of those other than the established
use of the property.
Michael Brechan: The leases on our Tracts 8 -3 & 8 -4 are soon to expire in
February of 82 and very shortly you'll be getting a letter requesting the
renewal and or modification to this ground. We have worked with the Assembly
trying to resolve this industrial area; trying to get a plan that will generate
the kind of long term plan that is beneficial. I don't think this ordinance is
a step in the right direction as to what you people are saying.
Public Hearing closed:
Regular Session opened:
Mr. Arndt moved to amend Ordinance No. 81 -40 -0 by transferring from Conditional
Uses to Permitted Uses items C. item E. item G. item I. item J. item K. item M.
i N, 0 and P. Seconded by Mr. Anderson. Amendment carried 4 -1 with Mr.
White casting the NO vote.
Mt. Peotter moved to table. Seconded by Mr. Herrnsteen. Motion failed 3 -2
with Mr. Anderson and Mr. Arndt casting the NO votes.
Main motion as amended carried by unanimous roll call vote.
VIII OLD BUSINESS
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A. Res. No. 81 -39 -R Requesting The Transfer Of Funds From The Alaska
Power Authority. (Tabled)
Mr. Heecesteen - moved to remove Resolution No. 81 -39 -R from the table.
Seconded•by Mr. Anderson. Motion carried with no objection.
Mr. Peotter moved to table Resolution No. 81 -39 -R. Seconded by Mr.
Anderson. Motion carried by unanimous voice vote.
B. Res. No. 81 -60 -R Authorizing A Fifteen Acre Parcel Of Land For A Competitive
Five (5) Year Lease.
Mr. Anderson moved to adopt Resolution No. 81 -60 -R. Seconded by Mr. Arndt.
Motion carried by unanimous roll call vote.
C. Borough Vehicle Logo Decals
Mr. Herrnsteen moved to purchase fifty (50) decals in 3 -color at $391.00 from
Page Photo. Seconded by Mr. Arndt. Motion carried with no objection.
D. Radio Communications Proposal
Mr. Peotter moved to purchase the radios from Aksala in the amount of $8,430.
Seconded by Mr. Arndt. Motion carried with no objection.
E. Res. No. 81 -57 -R For The Transfer Of Construction Monies Between Accounts.
Mr. Herrnsteen moved to adopt Resolution No. 81 -57 -R. Seconded by tir. White.
Mr. Arndt moved to amend by deleting the Work of Art at $4,750 and increase
Construction to $209,750. Seconded by Mr. Anderson. Amendment carried with
no objection.
The main motion as amended carried with no objection.
F. Foundation, Head Start Building
Mr. Peotter moved to proceed with item 2 under the alternatives; using the
treated timber cribbing and deadmen and skirt the building. Seconded by Mr.
Arndt. Motion failed 2 -3 with Mr. Arndt and Mr. Peotter casting the YES votes.
Mr. Herrnsteen moved to award the contract based upon emergency provisions of
Kodiak rsjand Borough Code Section 3.16.0708 to the low bidder which is
Gudenau and Company in the amount of $13,335. Seconded by Mr. White.
Motion carried with no objection.
Mr. Peotter moved to notify the City that the building be used for Headstart
purpos €s or for other uses determined to be for public benefit. Seconded by
Mr. White. Motion carried with no objection.
G. Report On Sportsmans Association Club request for land.
Mr. Peotter moved to continue the study. Seconded by Mr. Arndt. Motion
carried with no objection.
IX MANAGERS REPORT
A. Joint Work Session with the Hospital Board
Thursday, September 10, 1981 at 7:30 P.M. in a room to be designated.
B. Other Business
X NEW BUSINESS
1. Main Elementary - Piling Problem
Mr. Peotter moved to approve Change Order No. 1 in the amount of $2,400,
Change Order No. 2 in the amount of $2,400 and Change Order No. 3 in the
amount of $19,326.70 when using the emergency provisions of Kodiak Island
Borough Code Section 3.16.0706. Seconded by Mr. Arndt. Motion carried
with no objection.
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A.
Res. No. 81 -43 -R Approving The Borough Assessor's Tabulation Of Taxes
Assessed On Property Belonging To Persons Who Qualify For The State Of
AliMS Senior Citizen Property Tax Program.
Mr. P4.:moved to adopt Resolution No. 81 -43 -R. Seconded by Mr. Herrnsteen.
Motton::egrried with no objection.
8. Res. No. 81 -44 -R Approving The Borough Assessor's Tabulation Of Taxes
Assessed On Property Belonging To Persons Who Qualify For The State
Of Alaska Farm Use Exemption Program.
Mr. Peotter moved to adopt Resolution No. 81 -44 -R. Seconded by Mr. Herrnsteen.
Motion carried with no objection.
C. Res. No. 81 -45 -R Establishes Board Of Equalization Dates For The 1981
Supplemental Tax Assessment Valuation Roll.
Mr. Peotter moved to adopt Resolution No. 81 -45 -R. Seconded by Mr. Herrnsteen.
Motion carried with no objection.
D. Ord. No. 81 -41 -0 Amending The KIB Code of Ordinances By The Repeal Of
Section 2.32.010 Of Title 2 In Its Entirety And Title 3 By The Addition
Of Section 3.14.015. (1st Rdg.)
Mr. Anderson
moved to adopt Seconded byMr. Peotter. Motion n failed o l 4 with Mr. Anderson t casting g the
YES vote.
E. Res. No. 81 -48 -R Authorizing The Receipt And Expenditure Of Entitlement
Funds Under The Municipal Aid Program, Chapter 60, SLA 81 And AS 37.05.315.
Mr. Peotter moved to adopt Resolution No. 81 -48 -R. Seconded by Mr. White.
Mr. Anderson moved to amend by decreasing the amount in item 1. to $870,000 and
increasing the amount in item 3. to 5134,420. Seconded by Mr. White.
Amendment carried with no objection
Main motion as amended carried with no objection.
F. Res. No. 81 -52 -R. Authorizing The Receipt And Expenditure Of Municipal
Grants Appropriated By The 1981 Legislature, A.S. 37.05.315.
Mr. Peotlp.ngved to adopt Resolution No. 81 -52 -R. Seconded by Mr. Arndt.
Motioe..t ried with no objection.
G. Res. No. 81 -53 -R Authorizing A Negotiated Lease Of Borough Land To The
City Of Kodiak.
Mr. Herrnsteen moved to adopt Resolution No. 81 -53 -R. Seconded by Mr. Arndt.
Mr. Arndt moved to amend by inserting 187 acre parcel in the blank. Seconded
by Mr. Peotter.
Mr. Arndt called for the question to limit debate. Seconded by Mr. Peotter.
Motion carried 4 -1 with Mr. Herrnsteen casting the NO vote.
The amendment carried 4 -1 with Mr. Herrnsteen casting the NO vote.
Main motion as amended carried with no objection.
H. Res. No. 8I -54 -R Authorizing The Receipt And Expenditure Of A Community
Health Services Grant For FY 82.
Mr. Anderson moved to adopt Resolution No. 81 -54 o c
Motion carried with no objection. "r Mr. Herrnsteen.
I. Res. No. 81 -55 -R Relating To Compensation Of Borough General Counsel.
Mr. Arndt moved to adopt Resolution No. 81 -55 -R. Seconded by Mr. White.
Motion carried with no objection.
J. Res. No. 81 -56 -R Requesting Municipal Assistance Act Monies.
Mr. Peotter moved to adopt Resolution No. 81 -56 -R. Seconded by Mr. Herrnsteen.
Motion carried with no objection.
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K. Res. No. 81 -58 -R Authorizing Requests For Proposals For The Engineering
Services For Water /Sewer System Improvements In Service District No. 1.
Mr. Herrnsteen moved to adopt Resolution No. 81 -58 -R. Seconded by Mr. Arndt.
Motion carrted with no objection.
L. Res. No. 81 -59 -R Authorizing A Five -Year Local
Program For The Kodiak Island Borough, 1982 -19
Mr. White moved to adopt Resolution No. 31 -59 -R.
Motion carried with no objection.
M. Ratification of Election Judges for October 6,
Mr. Peotter moved to ratify the Election Judges as
for the October 6, 1981 elections. Seconded by Mr
with no objection.
N. Ord. No. 81 -43 -0 Amending Title 17 Of The Borough Code By Creating
Chapter 17.11, Wildlife Habitat District. (KIB Assemb1y)(1st Rdg.)
Mr. Anderson moved to adopt Ordinance No. 81 -43 -0 in the first reading.
Seconded by Mr. Arndt. Motion carried with no objection.
0. Ord. No. 81 -44 -0 Rezoning The Shearwater Peninsula From Conservation
To Wildlife Habitat. (KIB Assembly)(1st Rdg.)
Mr. Herrnsteen moved to adopt Ordinance No. 81 -44 -0. Seconded by Mr. White.
Motion carried with no objection.
P. Ord. No. 81 -45 -0 Amending Title 17 Of The Borough Code By Creating
Chapter 17.01 - Authority, Purpose and Intent. (1st Rdg.)
Mr. Herrnsteen moved to adopt Ordinance No. 81 -45 -0 in the first reading.
Seconded by Mr. Anderson. Motion carried with no objection.
Q. Ord. No. 81 -46 -0 Rezoning Tracts B -1, 8 -2, 8 -3 8 -4A and B -5A, Bells Flats
Alaska Subdivision From I- Industrial to C- Conservation (1st Rdg.)
Mr. Herrnsteen moved to adopt Ordinance No. 31 -46 -0 in the first reading.
Seconded by Mr. White. Motion carried with no objection.
R. P & Z Commission By -Laws
Mr. Herrnsteen moved for approval of the Planning and Zoning Commission
By-Laws. Seconded by Mr. Anderson. Motion carried with no objection.
S. Rem-No. 81 -62 -R Requesting Financial Assistance For The Disposal Of
Municipal Grant Land Entitlement.
Mr. Herrnsteen moved to adopt Resolution No. 81 -62 -R. Seconded by Mr.
Anderson. Motion carried with no objection.
T. Res. No. 81 -63 -R Agreeing To Assume Responsibility For Water And Sewer
In Service District No. 1.
Mr. Peotter moved to adopt Resolution No. 81 -63 -R. Seconded by Mr.
Herrnsteen. Motion carried with no objection.
U. Res. No. 81 -64 -R Supporting The Monashka Dam Project.
Mr. Arndt moved to adopt Resolution No. 81 -64 -R.
Motion c_ar_ rie with he objection.
V. KIB Financial Statements Revenue & Expenditure Reports.
Mr; Arndt moved to acknowledge receipt. Seconded by Mr. Anderson.
Motion carried with no objection.
XI MAYORS COMMENTS
1. Finished process with the State in signing over the Lands Agreement.
Service Roads And Trails
86.
Seconded by Mr. Herrnsteen.
1981 Elections.
submitted by the Clerk
. Anderson. Motion carried
Seconded by Mr. Anderson.
KIB ASSEMBLI MEET P,,IG
Approximately April 12, 1981, the Borough will receive the land that the State
present ':patent to from the Federal Government.
2. (R Agreement)Two bills which the Assembly agreed to have submitted
to the (Senator Mulcahy and Representative Sutcliffe)
Wildlife Refuge.
(b) To Create A State Park
XII ASSEMBLY COMMENTS
Mr. Anderson: I would like to suggest that the manager talk to the City and
if we build any more roads out in the area of the dump, the possibility of
having the overburden hauled out to the dump to assist the City in covering
the dump.
Mr. Peotter: I would like to commend the Mayor, Assembly and Manager for the
efficiency with which this meeting was proceeded tonight.
I want to commend the Manager for a fine flow of information and also to the
Clerk for coming up with a revised packet. I think everything is working
very smoothly.
Mr. Herrnsteen: I would also like to thank the Manager for the information
packet in the back of our book.
I would like to see the Assembly have a work session with the City in the
near future re: tax situation.
I think information should be put out, particularly before the election, that
we are planning on building two firehalls and getting two firetrucks, ode for
the north side of town and one in the Bells Flats area with the State Revenue
money.
Mr. White: I would like to see the Staff get together with some of the people
in the service district areas on coming up with some plans on locating these
firehalls.
Mr. Arndt: No Comments.
ATTEST:
XIII AUDIENCE COMMENTS
Royal Large: I would suggest that when you let out these contracts that you
provide for a clause to hire able, willing people here in Kodiak.
Yeshi Benyamin: (Petition from Mr. Benyamin - Sept. 3, 1981 - 9:55 P.M.)
I would like to ask you to make "out- house" legal.
XIV ADJOURNl1ENT
Mayoradjourned the meeting at 10:05 PM.
Borough C e
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Mayor` n X\