1979-09-06 Regular Meeting0 0 7
KODIAK ISLAND BOROUGH ASSEMBLY MEETING-SEPTEMBER 6, 1979
(A Verbatim Record is on File in the Clerk's Office)
I CALL TO ORDER
The meeting was called to order by Mayor Betty J. '-Iallin at
6:35 P.M. in the Borough Assembly Chambers.
II ROLL CALL
Present Absent
iA'r. P l Anderson
Dr. Michael Emmick
Mr. Arnold T. Hansen
Mr. Edward B. Jack
Mrs. Sandra Kavanaugh
Mr. Dan Ogg
Mr. James Peotter
Mrs. Betty J. Wallin, Mayor
A quorum was established.
III ACCEPTANCE OF AGENDA
Mr. Hansen moved to remove from the agenda Item VIII Board of
Adjustment. Seconded by Mr. Ogg. Motion carried 4-3; Mr.
Anderson, Mr. Hansen, Mrs. Kavanaugh and Mr. Ogg voted YES with
Dr. Emmick, Mr. Jack and Mr. Peotter casting .10 votes. Mr. Ogg
explained Mr. Arndt's request for postponement. I;r. Iiovanec
stated that Resolutions 79-45-R and 79-46-R would be added to
Item VI t. Mr. Ogg moved to accept the agenda as amended.
Seconded by Mr. Hansen. Motion carried by unanimous roll call
vot-,
IV MINUTES OF PREVIOUS MEETINGS
A. Assembly -Regular -August 2, 1979
B. Assembly -Special -August 23, 1979
I-Ir. Peotter stated that Mrs. Kavanaugh and Mr. Jack were not
excused during the August 23rd meeting. Mr. Peotter moved to
_rycus6 excise- Mrs. Kavanaugh and Mr. Jack from the August 23rd meeting.
Seconded by Mr. Hansen. Mayor read from Title 2 re: absences.
Motion carried by unanimous roll call vote. fir. Peotter moved
to accept the minutes of August 2 and 23, 1979 as corrected.
Seconded by Mrs. Kavanaugh. Mr. Ogg noted that in minutes of
August 2nd, page 6, paragraph 4, lines 4 and 5 that a motion
was not made; this was a rule of the chair. The motion made
was to call the chair and the chair's decision. Motion carried
by unanimous roll call vote.
V MINUTES OF OTHER MEETINGS
A. Mental Health -June 13, 1979
B. P & Z Commission -July 18, 1979
C. School Board -July 18 and 26, 1979
Mr. Peotter moved that minutes of Mental Health, P & Z Com-
mission and School Board be accepted. Seconded by Mrs.
Kavanaugh. Motion carried by unanimous roll call vote.
VI COMMUNICATIONS & APPEARANCES
A. Letter from KACDC Re: Head Start Funding. Mayor Wallin
read the correspondence. Mr. Peotter moved to acknowledge
receipt of the letter. Seconded by Mr. Hansen. Motion carried
by unanimous roll call vote.
B. Felton Lease Report from P & Z. Mayor 'Iallin read corres-
pondence. No action needed.
C. P & Z Interpretation of Parking in Industrial Districts.
Mayor Wallin read correspondence. P & Z has reiterated this
.,)pl to International Seafoods. There are discrepancies in
the parking ordinance; 'fr. Milligan stated P & Z has completed
their review of the zoning regulation, including the parking
KIB ASSEMBLY MEETING-SEPTEMBER 6, 1979
PAGE 2
regulations, which will be presented to the assembly. Mr. Jack
stated this is not a harassment but that it affects everyone.
D. Information Report Re: Welborn Borrow Site Lease Applica-
tion. -Mayor Wallin read the correspondence. No action needed.
E. Memo from John E. Anttonen, Superintendent, Re: Ouzinkie
and Larsen Bay Schools. Dr. Anttonen read the memo dated
August 27 directed to the assembly and discussed each item
therein. (1) Larsen Bay construction bid is $103,538 over
the construction budget funds; this amount coiad be taken from
the equipment fund and replaced from contingencies at a later
j date. (2) Ouzinkie construction bid is also over the alloc-
ated monies. This could be handled by zeroing out the equip-
ment fund of $73,165 with an additional fun'ing from the
borough in the amount of $64,268. (3) _he 1_rcugh does not
have a facilities coordinator for these projects since
September 1st. There e.re several agencies in the state that
are able to 'candle this function. (4) At present there is
not sufficient electrical generation to provide fcr the new
schools. Mr. Jack requested the KANA Electrical :.U.thority
representative meet with the assembINT on this matter at the
Setpember 15th work session. Mrs. Kavanaugh asked that the
Ouzinkie bid award be taken up before .any further action. Mr.
Hansen moved to move Bid Award for Ouzinkie School Project
#H-03003 from YI B to VI E. Seconded by by Mr. Ogg. Motion
carried by unanimous roll call vote. Mr. Hansen roved for
adoption of Resolution #79-45-R. Seconded by Mr. Ogg. Mayor
read the resolution. Mrs. Kavanaugh moved to amend number 4
to delete the words "or the designee of either". Seconded by
Mr. Jack. Mr3. Kavanaugh felt Mr. Hovanec should be carrying
out the duties of facilities coordinator. Air. Hovanec stated
these duties require more time than could be given as acting
manager and engineer. The state can pra;ide these services
for a nominal fee. Amendment failed ?-5:, Mrs. Kavanaugh and
Mr. Peotter voted YES with Mr. Anderson, Dr. Ermick, Mr.
Hansen, Hr. Jack and M--. Ogg casting NO votes. Mr. Jack moved
to amend to add after "de--i r_ee of either" "am;roved by the
assembly". Seconded by Mr. Feotter. Motion carried 5--2; Mr.
Anderson, Dr. Emmick, Hr. Jack, Mrs. Kavanaugh and Mr. Peotter
voted YES with Hr. Hansen and Mr. Ogg casting NO votes. Main
motion carried by unanimous roll call vote.
Recess called at 7:55 P.M.; reconvened 2'. 8:13 P.M.
Ouziny:e Bid Award. Mayor Wallin read letter from Mr. Denslow
dated August 23, 1979. Mrs. Kavanaugh moved that bid for the
Ouzinkie school be awarded to NORCCM in the L;flount of $1,064,037.
Seconded by Mr. Peotter. Ir. Ogg moved to amend by adding "The
award should be contingent upon review and aDproval of the bid
by the Department of Transportation and Public Facilities in
accordance with the terms of the grant agreement. Seconded by
Mr. lPer.5i1- Mr. Parch explained alternates 1 through 4. Main
mctton as amended by unanimous roll call vote. Resolution
79-46-R Re: award of construction contract Ouzinkie, and for
certain contingent borough commitments with respect to funding.
Mayor read the resolution. Mr. Hansen moved for adoption of
Resolution 79-46-R. Seconded by Mr. Peotter. Mr. Jack moved
to add after "designee of either" "approved by the assembly".
Amendment carried 5-2; Mr. Anderson, Dr. Emmick, Mr. Jack,
Mrs. Kavanaugh and Mr. Peotter voted YES with Mr. Hansen and
i Mr. Ogg casting 140 votes.. It was stated that an emergency
."ordinance could be passed to appropriate the extra money needed.
Mr. Roguska explained the shortfall. Alain motion as amended
..,carried by unanimous roll call vote. Emergency ordinance
79-34-EO declaring appropriating the sum of $63,674.00 for
school construction at Ouzinkie. Mayor Wallin read the
ordinance. Mr. Peotter moved for adoption of Ordinance
---79-34-EO. Seconded by Dr. Emmick. Dr. Emmick moved to amend
by including a new paragraph before NOW, THEREFORE, to read:
10 0 0 2 1 1 7 1 .4
KIB ASSEMBLY MEETING-SEPTEMBER 6, 1979
PAGE 3
WHEREAS, the Assembly finds an emergency exists. Seconded by
Mr. Hansen. Amendment carried by unanimous roll call vote.
Main motion as amended carried by unanimous roll call vote.
Dr. Anttonen congratulated the assembly on their action.
F. P 8 Z Appointment -City Recommendation. Mayor read memo
stating recommendation would be forthcoming after September 13.
I?o action needed.
G. Memo from Okey L. Chandler Re: Dust hazard. Mayor read
memo. Mr. Ogg presented pictures showing the dust situation
in the area; he reread his petition against this condition
requesting the State of Alaska to pave these roads. It was
pointed out this is a health hazard as well as a road hazard.
Mrs. Kavanaugh moved to acknowledge receipt of Mr. Chandler's
memo and have copies sent to Patrick P. Ryan, Deputy Commis-
sioner of Transportation, Pouch 6900, Anchorage, AK 99501,
Mr. Robert 11. Ward, Commission of Transportation, Pouch Z,
Juneau, AK 99811 and a copy to Governor Jay Hammond. Seconded
by Mr. Peotter. Motion carried by unanimous roll call vote.
VII PUBLIC HEARING
A. Ordinance 79-16-0 Amending Personnel Rules and Regulations
to Integrate the Job Categories of Employees of the KIB Mental
Health into the Borough System of Class Titles and Pay Ranges.
Mr. Hansen moved for adoption of Ordinance 79-16-0. Seconded
by Mr. Ogg. Regular meeting closed; public hearing opened.
Lorna Arndt, member of the KIB Personnel Board. Recommends
the 'ordinance be passed.
Public hearing closed; meeting reconvened. Motion carried by
unanimous roll call vote.
VIII BOARD OF ADJUSTMENT - Removed from Agenda
IX OLD BUSINESS
A. Memo from Ed Haney, Borough Assessor, Re: Collection of
Taxes on Vehicles and Boats. Mr. Haney gave the comparative
figures of the tax as done now and if -the state collected the
tax. The borough would be receiving less from taxes and it
would mean the taxpayers would be paying an average of $191
more per year. Mr. Garnett, attorney, suggested a review of
the history of the state law regarding cities where they
forgive personnel property taxes. Dr. Emnick moved to have
the attorney pursue this fund evaluation on vehicles only.
Seconded by Mr. Hansen. Ifotion carried by unanimous roll call
vote. Mr. Peotter moved to hold in abeyance the motion
regarding this matter at the August 2nd meeting until a
report is received from the attorney. Seconded by Mr. Ogg.
Motion carried by unanimous roll call vote.
B. Memo from Ed Haney, Borough Assessor, Re: Funding of
Assessing Clerk Position. Mr. Haney read his memo requesting
the transfer of the salary of the Secretary I to the Assessing
Clerk. firs. Kavanaugh moved the Assessing Department look to
its own budget to make appropriations for the additional
$722 annually. Seconded by Mr. Peotter. It was pointed out
that the present Secretary I is qualified and is now performing
the duties of the Assessing Clerk. Mr. Ogg moved to amend by
substitution to draw up an ordinance to allocate $1,000 from
unencombered funds to be used for the increase of the salary
of the Secretary I. Seconded by Mr. Hansen. Motion failed
3-4; Mr. Anderson, Mr. Hansen and Mr. Ogg voted YES with Dr.
Emmick, I°Ir. Jack, Mrs. Kavanaugh and Mr. Peotter casting NO
votes.
A recess was called at 9:15 P.M. Meeting reconvened at 9:28 P.M.
'1 0 9 0 2 0 0 7 8 S
KIB ASSEMBLY MEETING-SEPTEMBER 6, 1979 PAGE 4
ONAN Mr. Peotter moved to have the clerk draw up the
appropriate ordinance for line item changes in the budget as
recommended. Seconded by Mrs. Kavanaugh.
Motion carried 5-2; Mr. Anderson, Dr. Emmick,
Mr. Jack, Mrs. Kavanaugh and Mr. Peotter voted YES with Mr.
Hansen and Mr. Ogg casting NO votes.
C. Letter from Jerome Selby, President, Kodiak Island Hospital
Advisory Board Requesting Assembly Action on Repairing Hospital
Roof. Mrs. Kavanaugh moved tb acknowledge receipt of the letter
from Mr. Selby, President, Kodiak Island Hvsptial Advisory Board
and turn back to the engineer for information and to come up
with a recommendation and report to the assembly at the next
meeting. Seconded by Er. Jack. Mrs. Kavanaugh, with the consent
of the second asked that the manager advertise for bids on the
roof repair and have this re_cy for the assembly. Mr. Ogg moved
by substitution to direct Mr. Hovanec to prepare specifications
for the roof to go to bid. Seconded by Mr. Hansen. Mr.
Hovanec stated he ca_not do this; it should be done by a consult-
ing firm. Vo. Hovanec pointed out that the replacement of the
roof is entirely different fr:m the repair of the roof. Dr.
Emmick moved to table the prccant action until the manager can
get the Assembly a report. Seconded by Mrs. Xavanaugh. Motion
carried with Mr. Anderson, Er. Emmick, Mr. Jack, Ors. Kavanaugh
and Mr. Peotter voted YES with Mr. Hansen and Mr. Ogg casting NO
votes.
X MANAGER'S REPORT
1. Explained the $IC9,000 appropriation needed for the
0 Ouzinkie school construction and that it had been taken care of.
2. Letter Re: Financial Management Associates. Feels we need
a computer training program and recommends this to the work
session.
}=� 3. Re: letter from Ouzinkie Mayor, Refugio Delgado requesting
U the borough engineer to ir_cpect the B.I.A. road construction.
Mr. Garnett explained the exo7cise of non-arcawide powers in
second class cities by the -ovaujo. Er. Simmons, YWTA, stated
he had recently ,een the roads and felt they were in bad shape.
Mr. Jack moved T:r. K ,;c=^_ gO to Ouzinkie to look at the
B.I.A. roads an t`sare have been complaints in the past. Seconded
by Mr. Ogg. Motion carried by unanimous roll call vote.
4. KMXT request to replace some windows and do some remodeling.
Mrs. Kavanaugh moved the replacement cost of the windows be
credited to the rent. Seconded by In. Peottcr. For uniformity
it was sugga .tv' r_ o"ifyLng a b^:;m.., end t-pe of window to be _
used. Mrs. Kavanaugh withdrew her notion with the consent of
the second. Mr. Ogg moved for acceptance of the letter from
KMXT. Seconded by Mr. Hansen. Hr.. Jac:: moved to amend to
specify the kind and type cf wir_dc, to Le used. Seconded by
Mrs. Kavanaugh. Motion failed 1-3; No. Jack voted YES with Mr.
Anderson, Dr. Emmick, Mr. Hansen, Piers. Kavanaugh, Mr. Ogg and
Mr. Peotter casting NO votes. Main motion carried 6-1; Mr.
Anderson, Dr. Emmick, Mr. Hansen, Mrs. Kavanaugh, Mr. Ogg and
Mr. Peotter voted YES with Mr. Jack casting one NO vote. Mrs.
Kavanaugh moved an ordinance be prepared to credit the rent
account of KMNT with the replacement amount of the window.
Seconded by Mr. Peotter. Motion failed 3-4; Mr. Anderson, Mrs.
Kavanaugh and Mr. Peotter voted YES with. Dr. Emmick, Mr. Hansen,
Mr. Jack and I.r. Ogg casting NO votes.
5. Report from the attorney on all legal matters of the
Borough. Referred to the work session.
6. Report from Mr. Hovanec re: memo from Borough Assessor
addressing the status of the Assessing Department.
7. Letter from Day Care Assistance Program Administrator re: the
need for additional space to conduct confidential interviews.
This is a state requirem nt. Referred to work session.
8. Request for building permit of Scott Arndt for a warehouse
on land owned by Kodiak Livestock Co. (a portion of P-8, Tract A,
Bells Flats AK Subd. Mr. Ogg moved to direct the building
Official to iceue the building permit to 3Ir. Schctt .Arndt.
Seconded by No. H ncen. Mr. Ary t stated he had already built
one building cn this land. Under Title 18 if the borough should
1 0 0 0 2 0 0 7 0 6,
KIB ASSEMBLY MEETIN7G-SEPTEMBER 6, 1979 PAGE 5
get the land back, Mr. Arndt would be able to lease and/or
remove his improvements. Mr. Hansen called for the question.
Seconded by Mr. Ogg. Motion failed 2-5; Mr. Hansen and Mr. Ogg,
voted YES with Mr. Anderson, Dr. Emmick, Mr. Jack, Mrs. Kavanaugh
and Mr. Peotter casting NO votes.
Dr. Emmick was excused for the remainder of the meeting.. Meeting
recessed at 10:55 F.M. until 6:30 P.M. Friday, September 7, 1979.
Meeting reconvened by Mayor Wallin at 6:38 P.M., September 7,
1979.
j Roll Call - All members present except Dr. Emmick who was
Jexcused.
8. Scott Arndt request (continued). Iir. Arndt perused a copy
of the KLC deed with the restrictive clause. Feels the Assembly
should follow the direction of the attorney to issue the permit
and does not agree with the reverter clause as he could lose his
investment. Mr. Jack moved to amend to include the stipulation
as indicated by the Borough attorney that the reverter clause,
If it is determined by the Grantor that the lands described
herein, are not used by the Grantee, for the purpose of a
slaughterhouse facility said land shall revert to the Grantor",
be placed on the building permit. Seconded by Mrs. Kavanaugh.
Amendment carried by unanimous roll call vote. Main motion
as amended carried 5-1; Mr. Anderson, Mr. Hansen, Mrs. Kavanaugh,
Mr. Ogg and Mr. Peotter voted YES with Mr. Jack casting one NO
vote.
9. Request by Fire Chief George Magnusen that the Borough up-
grade the access (side) road at the Kodiak Island Hospital.
Mr. Ogg moved to instruct the manager to pursue the recommenda-
tion of Mr. Magnusen and if necessary proceed to go to bid.
Sc -^-` ; L, r,_•. i'ansen. Motion carried 4-2; Mr. Anderson, Mr.
Fansen, Mr-_. Kavanaug» w h and Mr. G;eed YES with Mr. Jack and
i;r. Feot"L-er cas yes.
1C. P-^o--- - _ ,,.. tliastewater Facility Plan, Service
`7r. There will be a hearing on September 17, 1979
I.M. in East Elementary auditorium.
_�. Status report on Planning Department long range program.
1'r. Hansen moved to place this item on the work session agenda.
Seconded by Mr. Ogg. Motion carried by unanimous roll call vote.
12. Memo re: two job vacancies within the Borough. Mrs.
Kavanaugh moved the position in the Manager's Department be
titled Secretary III. Seconded by Mr. Hansen. Motion carried
5-1; Mr. Anderson, Mr. Hansen, Mr. Jack, Mrs. Kavanaugh and
Mr. Ogg voted YES with Mr. Peotter casting one i40 vote. There
was discussion as to whether or not the data services super-
visor position should be filled and utilize a computer programmer
Part time or hire a full time computer consultant. Mr. Ogg
moved that concerning the support services position, it be
referred to the work session. Seconded by Mr. Hansen. Motion
carried 4-2; Mr. Anderson, Mr. Hansen, Mr. Jack and Mr. Ogg
': - tad Y^S +' Mrs. Kavanaugh and Mr. Peotter casting NO votes.
re: change of line item funds
in the Assessing Depar-cm,.,t. i-c. Kavanau h mc'-:,l for adoption
of Ordinance 79-35-0 at first reading. Seconded Ly Hr. Hansen.
Motion carried by unanimous roll call vote.
14. Presented Ordinance 79-36-0 appropriating the sum of
$63,674 for school construction at Ouzinkie. Mrs. Kavanaaugh
moved for adoption of Ordinance 79-36-0 at first reading.
Seconded by Mr. Ogg. Motion carried by unanimous roll call vote.
Mrs. Kav3raiu*l, stated she felt more work was being piled on the
actiao ::.an�be'r than was physically possible to handle along
with his duties as borough engineer. Mrs. Kavanaugh moved no
comp time be allowed in the manager's department. Seconded
by Mr. Peotter. Mr. to a;nt::d y substitution
th,t the item of comp time be scheduled for a jc,_-+ meeting
t:ith the personnel board at a work session, or at some other
convenie•..t +iron if the ; -ough work session is to be too heavy.
S.'-nn,".c ' ', sirs. Kavanaugh. Discussion followed. Motion
-'pied by unanimous roll call vote. A meeting was set up
1 0 0 0 2 Q 7 1 7
KIB ASSEMBLY MEETING-SEPTEMBER 6, 1979 recessed to Sept. 7) PAGE 6
to meet with the personnel board in the conference room on
Wednesday, September 12th at 7:00 P.M.
XI NEW BUSINESS
A. Ratification of Election Judges. Mayor Wallin read the
memo. Mrs. Kavanaugh moved that the list of names submitted
by Mickey Duros be ratified as election judges. Seconded by
Mr. Jack. Motion carried by una;dmous roll call vote.
B. Bid Award for Guzinkie School Project #H-03003-taken up
under Item VI E.
C. First Reading Ordinance 79-29-0 Establishing a Minimum
Size for Non-ccnf.rx_ng Lot- of R2cer3. Yr. iec._ter moved
for adoption or ^_,14n :ce -29- u f_..:�t _ ._. _nR. Fr.
Milligan stated _'lut _'t, . P _ Z public :r__ .'ing, thay
had reeom=Lended t]i r incve_s. _ from 4,000
square feet to 5,6�30 'Ir. Jgg ;rved to amend to
change 4.000 t, 5,000✓-quare feet snd .,'_ao to change under
Section 1, _ ,-.- 5, the wore '±-recent" Seconded
by Mr. Pectt•-.r, n rdnelt carried by unanimoi.- cil call vote.
Main motion as ;_mc;ldcd curried h" `: anamcus _'Ji_ Call vote.
D. rirst P..alding rdinance 79-3^-C Lard Use Plan
Amendment from Iiediurm Density i'.esid s:tial to 2sL;__nacs (Burke &
Kealey). `Sayer Wallin react thci ordinance by t7_ :1 only. Mrs.
Kavanaugh moved fcr adoption of Ordinar•cs 79- 39-0 at '1rEt
reading. Seconded_ by f'_r. Hansen. Lotion rF:d by u;:_aaimous
roll call Tote.
E. First Reading Ordinance 79-31-0 To Limit Comprehen:;ive Land
Use Plan =rc. Con r;.2 '•: at' C;_ to T_ ^.. ] S r1. `!1 i KCn1d ) . ;'iayor
.� Wallin read the crd_nance by title only. PIr. Gt , .roved for
adopticr. of Crdinancc 79-31-0 at Y:_rst->_adi::=S c: ade3 by
Mr. Hansen. i10_ion ec.r-24a! by unnnimc715 soli ll votc
F. First Reading Or.'._-i anca 79-22-0 R_sening from Unclassified
to Business (Bu:'ke E _.). ^_y!. Mayor Wa lin read )rdinanee by
title only. ::r3. :.w•rc:a-:" ove3 fcr adoption r' 0_c.inance
7C. .-.:.ion
carried by ur_a-r:i':-. ,, roll_ call vc:te.
G. Fi=t -:('a...l_r�� :=i1�,:+,gri::<: 73_Q�_. 1?2zcning from Conservation
to Industrial (Kcr._i -1) . :',aYor ?tin.' i in -ead crd in•.:nce by title
only. ilo. ;:tenser. movc.d for a�opti=-n c= Grd_nanc � 79-33-0 at
first reading. c nded by Lr. Gnua^;:;_ Ictic:_ carried by
unanimous roll call vote.
H. Resolution 79-44-I '; .e3tiJn _ Replat of 'c,-t Lions
School Reserve, States of :%ias<a. "al -nor Fal1_in read the
resolution. 11rc. Kavana.u+ h R.ove,_� fcr ad07'io _` 7-solution
79-44-R. Sec nded by Mr. Ogg, fiction carrie_' ': ur.-nimous
roll call vote.
I. ICtiIA Hour 411 Lands.
Mayor Wallin read the correspondence. FPS. .'avanaugh ,loved
that Tracts B and E, Kadiak AK Subdivision be s ld to KA14A
j� ;.Housing Authority. Secondc3 by I'r. Hansen. Mr. Ogg moved by
substitution the ..c._t.le et .^ , r _-na b^ directc : 'to set up the
procedure for placing Tracts B and E of Kadiak AK Subdivision
up for public auction.. Seconded by Mr. Hansen. It was pointed
out that at one time P 6 Z had recommended the borough sub-
divide this property as an alternative to sale at public
auction. Mr. Simmons pointed out that '_;'.NA Housing Authority
has the powers to condemn although they do not anticipate
using them. They must have R-3 honing to proceed with high
density housing. fir. Peotter moved to table. Seconded by Mr.
Jack. Motion failed 2-4; Mr. Jack and Mr. Peottsr voted YES
with Mr. Anderson, Mr. Hansen, Mrs. Kavanaugh e d IIr. Ogg
casting NO votes. for. Peo'_ter moved to table until a review
by the attorney and recc.:tuandaticns core forward. Seconded
KIB ASSEMBLY MEETING-SEPTEMBER 6, 1979 (recessed to Sept. 7) PAGE 7
by Mrs. Kavanaugh. Motion carried 4-2; Mr. Anderson, Mr. Jack,
Mrs. Kavanaugh and Mr. Peotter voted YES with Mr. Hansen and
Mr. Ogg casting NO votes.
J. Brechan Enterprises Request for Purchase/Lease of KIB
Lands. Mayor Wallin read memo from Mr. Denslow dated August 21,
1979. Mrs. Kavanaugh moved that Parcel P-1, Tract A, Bells
Flats AK Subdivision be offered for a ten year lease at public
auction and go to public auction for an additional ten year
lease. Seconded by Mr. Hansep. Mrs. Kavanaugh, with the consent
of the second, changed to length of the lease to fifty-five years
and eliminate the additional ten years.
Meeting recessed at 8:55 P.M. and reconvened at 9:07 P.M.
Mr. Ogg moved by substitution to sell at public auction with
a development plan. Seconded by Mrs. Kavanaugh. Mr. Brechan
stated Brechan Enterprises would be prepared to go to public
auction within the realm of economic reason but would also
go along with leasing if necessary. Mrs. Kavanaugh called the
question. Seconded by Mr. Ogg. Motion failed 2-4; Mrs.
Kavanaugh and Mr. Ogg voted YES with Mr. Anderson, Mr. Hansen,
Mr. Jack and Mr. Peotter casting 90 votes. Mr. Brechan stated
he had notified the borough in July of his request to buy or
lease and felt he should have, an interim agreement until some
decision can be made. Substitute motion failed 3-3; Mr. Hansen,
---Mrs. Kavanaugh and Mr. Ogg voted YES with Mr. Anderson, Mr.
Jack and Mr. Peotter casting NO votes. Air. Peotter moved to
amend by substitution that P-1 be offered to lease at public
auction for a period of ten years with renewal of lease for
ten year period and lease be granted until date of sale.
Seconded by Mr. Jack. Motion failed 3-3; Mr. Jack, Mrs.
Kavanaugh and Mr. Peotter voted YES with Mr. Anderson, Mr.
Hansen and Mr. Ogg casting NO votes. Main motion failed 2-4.;
Mr. Hansen and Mrs. Kavanaugh voted YES with Mr. Anderson, Mr.
Jack, Mr. Ogg and Mr. Peotter casting NO votes. Mr. Anderson
moved that P E Z Resolution 0-79-036 in paragraph 4 change
ten years to twenty years changing the last paragraph to read
"BE IT FURTHER RESOLVED that an extension of the lease be
granted until the date of sale (of the lease)". Seconded by
Mr. Ogg. Motion failed 2-4; Mr. Hansen and Mr. Ogg voted YES
with Mr. Anderson, Mr. Jack, Mrs. Kavanaugh and Mr. Peotter
casting NO votes. Mr. Jack moved to put P-1 up for open lease
to run until the property is available for sale. Died for
lack of a second. Mr. Peotter moved that P-1, Tract A, Bells
_Flats AK Subdivision be offered at lease at public auction for
a period of ten years. Seconded by Mr. Ogg. Motion carried
by unanimous roll call vote.
Recess called at 9:40 P.M.; meeting reconvened at 9:53 P.M.
K. Memo from Gary L. Hovanec, Borough Engineer, re: Compensa-
tion for Moving Expenses. Mr. Peotter moved that Air. Hovanec
UPI be granted moving expenses as er budget and with the stipula-
tion signed y r. ovanec for
p� remainder as
�✓,'a'" pointed out in the personnel policy. Seconded by Mr. Jack.
Motion carried 5-1; Mr. Anderson, Mr. Hansen, Mr. Jack, Mr.
Ogg and Mr. Peotter voted YES with Mrs. Kavanaugh casting one
O vote. The matter of the balance will be taken up at a work
session.
L. Request for Support of the Nevada Land Issue. Mayor Wallin
read the correspondence. Mrs. Kavanaugh moved that a resolution
be prepared to KIB Assembly and send to the governor and legis-
lature with copies to Wm. T. Wood, Mayor, City of Fairbanks,
410 Cushman Street, Fairbanks, Alaska 99701 and Malcolm B.
Roberts, Executive Director, Commonwealth North, 935 West Third
Avenue, Anchorage, Alaska 99501. Seconded by Mr. Hansen.
Motion carried by unanimous roll call vote.
0 0 1 2 0 0 7 9 9
KIB ASSEMBLY MEETIAG-SEPTEMBER 6, 1979 (recessed to Sept. 7) PAGE S
M. Request for Support of Initiative to Eliminate a Percentage
of the State Income Tax. Mayor Wallin read the correspondence.
Mrs. Kavanaugh moved that we support the initiative to eliminate
the state income tax. Mrs. Kavanaugh stated we would lose a
considerable amount from transient workers if this were passed.
Hr. Peotter felt that any excess of money could be used to
promote the well being of the people of the state. Mrs.
Kavanaugh moved to substitute that a letter be sent to the
Resources Development Council for Alaska, Inc. that we cannot
promote or support this request. Seconded by Mr. Jack. Motion
carried 5-1; Mr. Anderson, Mr. Hansen, Mr. Jack, Mrs. Kavanaugh
and Mr. Peotter voted YES with Mr. Ogg casting one NO vote.
Mayor directed the letter be written.
N. Monthly Activities Report -July, 1979. Mrs. Kavanaugh moved
to acknowledge receipt of Monthly Activities Report -July, 1979.
Seconded by I°Ir. Peotter. Motion carried by unanimous roll call
vote.
0. Attorney's Monthly Report -August, 1979. Mr. Ogg moved to
acknowledge receipt. Seconded by Mrs. Kavanaugh. Motion carried
by unanimous roll call vote.
XII MAYOR'S COMMENTS
1. O.E.D.P. Committee. Five terms expired September 1, 1979.
Mayor temporarily reappointed these members for one month.
Directed to advertise these positions to be filled at the
October 4th meeting. Those outgoing members interested in
remaining on the committee must resubmit their application.
2. Hospital Advisory Board. There is one vacancy. Directed
this position be advertised for appointment at the October 4th
meeting.
3. Local Service Roads and Trails Program. Read correspond-
ence stating the application must be resubmitted by October lst.
4. Letter of thanks from John Skelton.
5. Read from City minutes of August 23rd re: status of Lot 2A,
USS 3098. Requested acting manager to research this matter.
62 Requested certificates of award be prepared and sent to
Rosalie Gilbert and Nick Berestoff for the achievements in the
Special Olympics.
XIII ASSEMBLY COMMENTS
Mr. Peotter: 1. Had received complaints of storage of crab
pots— in residential areas. Requested Planning Department look
into this matter and send notices if there are violations.
2. Reminded of the special election in January on unification.
Requested the clerk be instructed to make the public aware of
the procedures to be followed and all facets of unification as
well as utilizing the services of the borough attorney.
Mr. Jack: None
14r. Hansen: 1. Moved to recommend the borough retain a legal
counsel on a retainer that would be available on a daily basis
and report back on all the rest of the attorneys. Seconded by
Mr. Ogg. Mr. Hansen, with the consent of the second, changed
the motion that the borough mananger be authorized to look into
retaining legal counsel. Mr. Jack amended that the manager was
to look for the funds to pay the counsel within our budget.
1 _1 Seconded by Mr. Peotter. Amendment carried 4-2; Mr. Anderson,
Mr. Jack, Mrs. Kavanaugh and Mr. Peotter voted YES with Mr.
Hansen and Mr. Ogg casting NO votes. Main motion failed 3-3;
Mr. Anderson, Mr.. Hansen and Mr. O79 voted YES with I4r. Jack,
Mrs. Kavanaugh and Mr. Peotter casting I1O votes.
7: Asked —what zoning allows crab pots to be stored? Mr.
Milligan explained that -industrial and industrial•veserve allow
outdoor storage, mini warehouses. -allow indoor storage. It was
agreed that the code must be clarified on this issue.
r) •1 ? �0 n 7 9 n
KIB ASSEMBLY MEETING-SEPTEMBER 6, 1979 (recessed to Sept. 7) PAGE 9
Mr. Ogg: Asked Mr. Hovanec to investigate the school district
use of funds. Referred to AS 14.14.060 Relationship between
borough school district and borough.
XIV
RVA
Mr. Anderson: 1. Re: crab pot storage. Suggested setting
aside a an area for this purpose with a buffer zone. Stated
the borough and city hold title to lands that might be used
in this manner. I4r. Hovanec will work with the city on this.
2. Re: school contracts for Larsen Bay and Ouzinkie. Asked
if it is possible, or has been done in the past, to endeavor
to get the final construction contract figure down after the
award has been made. Mr. Hovanec stated he was not aware of
any such attempt.
Mrs. Kavanaugh: None
AUDIENCE COMME11TS
Ilorace Simmons, private citizen: Requested reconsideration
of the action re: the award of the Larsen Bay and Ouzinkie
school contracts; feels there should be some attempt made to
negotiate down. Nrs. Kavanaugh moved to reconsider the award
of the contract of the Ouzinkie school to NORCOM. Seconded
by Mr. Anderson. It was explained that the contingency funds
required by the state bring the final figure over the budgeted
amount. Notion carried 4-2; Mr. Anderson, Mr. Hansen, Mrs.
Kavanaugh and Mr. Ogg voted YES with Mr. Jack and Mr. Peotter
casting 110 votes. Dr. Anttonen stated he had never seen a
renegotiated bid come back at a lower price.
The Assembly agreed to continue past 11:00 P.M.
Question called on the bid award
roll call vote.
ADJOURNMENT
Motion carried by.ufianimous
Meeting was adjourned by Mayor Wallin at 11:07 P.H.
ATTEST:
Clerk/Treas er