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1980-12-04 Regular MeetingKODIAK ISLAND BOROUGH ASSEMBLY MEETING - DECEMBER 4. 1980 (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 Mr. Hansen Mr. Herrnsteen Mr. Murray Mr. Peotter Mr. Wakefield Mayor Ogg Mr. Arndt (arrived-6:33) Mr. Anderson (arrived-6:40) A quorum was established. III ACCEPTANCE OF AGENDA IV u Absent Mayor Ogg requested the following be added under VI COMMUNICATIONS & APPEARANCES: I. P&Z appointment to OCS Committee J. Letter from Small 'World K. Letter from Gale Kozak (4-H Leader) Fie also asked that the following be added under X NE14 RUSINESS: G. Goals & Policy H. Exchange Checks with City Mr. Hansen moved to adopt the agenda as amended Peotter. Unanimous voice vote. MINUTES OF PREVIOUS MEETINGS A. Assembly - Reg. - Nov. 6, 1980 B. Assembly -Spec. - Nov. 22. 1980 Mr. Peotter moved to accept Items A & B Unanimous voice vote. MINUTES OF OTHER MEETINGS A. Health Resources - Rea. - Oct. 1, 1980 B. Mental Health - Reg. - Oct. 15, 1980 C. O.C.S. - Reg. - Oct. 7, 1980 Spec. - Oct. 22, 1980 D. P & Z - Reg. - Oct. 22, 1980 E. School Board - Req. - Nov. 10. 1980 Reg. - Nov. 24, 1980 Seconded by Mr. Seconded by Mr. Wakefield. Mr. Peotter moved to accept Items A, B, C, D & E Hansen. Unanimous voice vote. VI COMMUNICATIONS & APPEARANCES A. Planninq & Zoning Commission (Virginia Crowe) No Action Seconded by Mr. B. P & Z Appointment Recommendation (Handout from City) Mayor Ogg appointed Mr. Gerald Gudenau to the City position on P & Z. Mr. Herrnsteen moved to ratify the appointment of Mr. Gerald Gudenau. Seconded by Mr. Hansen. Motion carried 6-1 with Mr. Wakefield casting the opposing vote. KIB ASSEMBLY MINUTES - Dec. 4. 1980 PAGE 2 C. Hospital Budqet & Equipment Presentation - Tom Mingen Mr. Hansen moved that the Hospital Board make a quarterly report on the operation of the hospital to the Assembly. Seconded by Mr. Anderson. Unanimous voice vote. D. Memo Re: O.C.S. Schedule of Upcoming Meetinqs No Action E. Memo Re: Vacant Seat on O.C.S. Council Mayor Ogg asked the Clerk to make up a Borough diploma for Mr. Roger Brigham and a letter commending him for his short service on the Council. F. Memo Re: Enclave Study - Linda Freed No Action G. Memo Re: Health Resources Vacancy Mayor Ogg asked the Clerk to advertise for the vacancy and also send a Borough diploma and letter to Susan DeWitt-Ramaglia for her services. 11. Memo Re: Amendments to Dept. of Natural Resources Mineral Leasing Regs. Information only. I. P & 7 Appointment to OCS Committee Mayor Ogg appointed Mr. James Ramaglia to the P & Z position on the O.C.S. Council. Mr. Hansen moved for ratification of Mr. James Ramaglia. Seconded by Mr. Peotter. Unanimous voice vote. J. Letter from Small World Mayor Ogg asked that this be put on the agenda for the Work Session on Dec. 20th. K. Letter from Gale Kozak (4-H Leader) Mr. Murray moved that a letter be sent to Representative Zharoff and Senator Mulcahy endorsing the idea of having an extension agent reside and work in Kodiak. Seconded by Mr. Peotter. Unanimous voice vote. VII PUBLIC HEARINGS A. Ord. No. 80-48-0 Amendinq The Schedules Relating To Pay Ranges And Class Titles For Employees Of KIB And Providing An Effective Date(2nd Rdg.) Mr. Anderson moved to adopt Ordinance No. 80-48-0. Seconded by Mr. Hansen. Regular Session closed: Public Hearing opened: Lorna Arndt, Chairman of Personnel Board: The Personnel Board would like their name taken off the bottom of Ord. 80-48-0 as they did not recommend the (8) percent. The Board recommended more. Neville Parsons, member of Personnel Board: I propose and support the anticipating increase of 12.4%. Public Hearing closed: Regular Session opened: Mayor Ogg asked that the Personnel Board be scheduled at the January Work Session at 1:00 PM. Motion carried 6-1 with Mr. Murray casting the NO vote. KIB ASSEMBLY MINUTES - Dec. 4, 1980 PAGE 3 B. Citizen Input Re: Capital Projects From The State During Next Legislative Year Regular Session closed: Public Hearing opened: Jim Ranney: read letter from Ms. Anne Valley, Pres. of Senior Citizens, re: need for Multi -purpose Senior Center. Fred Zharoff: commended Assembly on effort to bring forth from the community interested projects that they would like to see. Ronald Lunan: (reoresent.ing Small World) would encourage this Assembly to endeavor farther into the, what I would call, social needs and services that can be provided through Capital Projects. Public Hearing closed: Regular Session opened: Mayor Ogg read requests from the City of Kodiak. 1. Pillar Mountain $11 million 2. Dog Bay Boat Harbor $25.4 million 3. Monashka Dam $2 million 4. Repairs to Pier #3 $4 million 5. Near Island Development $11 million 6. Port of Kodiak Improvement $13 million TOTAL -------------- $56.4 million Paving of Streets / Upper Mill Bay $1,800,000 (including Carolyn St., Wilson St. & Erskine Ave.) Shelikof Street $1,400,000 Mission Road $ 750,000 Other Streets for paving for a TOTAL of $10 million Municipal Airport Paving $600,000 Water Lines $1 million TOTAL FOR ALL PROJECTS------------$78,434,750 Mayor Ogg included the following projects: 1. Paving of State Highways (Both ends (21z miles) on the Monashka end and Bells Flats end) 2. Monies for Hospital Equipment 3. Paving for extension of Mill Bay Road to Rezanoff (goes by Fir Terrace) 4. Upgrading of City Airport (also includes Second Class Cities around the Island) 5. Upgrading of Boat Harbors & Piers around the Island 6. Sewer & Water Project (monies for Mill Bay/Spruce Cape/Island Lake Service Area) Mr. Anderson: Hydro -electric Bill also possibly receive a bill concerning Terror Lake. Mayor Ogg asked that an invitation be offered to the Mayors of the Second Class Cities to come to the Work Session on Dec. 20th if they have projects they would like to get on the list. Also, that the invitation go to Alan Beardsley and City Council. This would be at 1:00 PM. Put an ad in the paper stating that written requests can be accepted up until the 20th. VIII OLD BUSINESS A. Ord. No. 80-43-0 Amending The Comprehensive Land Use Plan From High Density Residential to Medium Density Residential (Tabled) The Chair would entertain a motion to remove from the table. Mr. Anderson moved to remove from the table. Seconded by Mr. Arndt. Unanimous voice vote. (Mr. Peotter moved to adopt Ordinance No. 80-43-0. Seconded by Mr. Wakefield.) n, 9 4 7 KIB ASSEMBLY MINUTES - Dec. 4, 1480 PAGE 4 Mr. Hansen move to amend by deleting Lots 4, 5, 6, 7 & 11, Blk. 6 and Lot 8, Blk. 8 from the ordinance. Seconded by Mr. Herrnsteen. Amendment carried 4-2 with Mr. Arndt and Mr. Murray casting the No votes. Mr. Peotter abstained and the Chair accepted. The main motion on Ordinance No. 80-43-0 as amended carried 4-2 with Mr. Arndt and Mr. Murray casting the NO votes. Mr. Peotter abstained and the Chair accepted. B. Ord. No. 80-44-0 Rezoning Certain Lands Within The Borough From R-3 to R-2 (Tabled) The Chair would entertain a motion to remove from the table. Mr. Murray so moved. Seconded by Mr. Anderson. Unanimous voice vote. (Mr. Peotter moved to adopt Ordinance No. 80-44-0. Seconded by Mr. Herrnsteen.) Mr. Hansen moved to amend by deleting Lots 4, 5, 6. 7 & 11, Blk. 6 and Lot 8, Blk. 8 from the ordinance. Seconded by Mr. Herrnsteen. Amendment carried 4-2 with Mr. Arndt and Mr. Murray casting the NO votes. Mr. Peotter abstained and the Chair accepted. The main motion on Ordinance No. 80-44-0 as amended carried 4-2 with Mr. Arndt and Mr. Murray casting the NO votes. Mr. Peotter abstained and the Chair accepted. C. Ord. No. 80-47-0 Adopting Names and Renaming Certain Streets Within The Kodiak IslandBorough(Tabled) The Chair would entertain a motion to remove from the table. Mr. Anderson moved to remove from the table. Seconded by Mr. Wakefield. Unanimous voice vote. Mr. Peotter moved to table. Seconded by Mr. Hansen. Unanimous voice vote. D. KANA/KIB/Mental Health Lease Agreement (Tabled) The Chair would entertain a motion to remove from the table. Mr. Hansen moved to remove from the table. Seconded by Mr. Arndt. Unanimous voice vote. The Chair would entertain a motion to have the Manager institute this lease agreement with KANA. Mr. Anderson moved that the Manager negotiate the new agreement with KANA. Seconded by Mr. Hansen. Unanimous roll call vote. E. Motion to Reconsider Ballots - Dennis Murray The Chair ruled this motion out of order. Mr. Murray wished to appeal the ruling of the Chair to the Assembly. The Chair gave the following reasons: (from Roberts Rules of Order)(Newly Revised)page 268 "Can be applied to the vote on any motion except: (a) a motion which can be renewed within a reasonable time; (b) an affirmative vote whose provisions have been partly carried out; (c, an affirmative vote in the nature of a contract when the party to the contract has been notified of the outcome;" 1page zbv) "d) When a resignation has been acted upon, or a elected to or expelled from membership or office'.' 3erson has beer Mr. Murray asked to call the Chair. Roll call vote was 2-Yes and 5-No with Mr. Murray and Mr. Wakefield casting the YES votes. The Chair was sustained. F. USS 3465 Tract A, Lots 1 & 2, Boy Scout Lease Mr. Hansen moved for execution of a Ground Lease to -the Elks for the Boy Scouts. Seconded by Mr. Anderson. Mr. Hansen moved to table to a Work Session and get more information on it. Seconded by Mr. Herrnsteen. Unanimous voice vote. KIB ASSEMBLY MINUTES - Dec. 4, 1980 PAGE 5 Ix G. Request to Purchase Parcel P-1, Tract A, Bells Flats AK Subd. (Info.) Mr. Anderson moved that Parcel P-1 be sold at the next land sale in the sprinq. Seconded by Mr. Hansen. Mr. Arndt moved to amend by requesting an approved development plan. Seconded by Mr. Herrnsteen. Unanimous voice vote. Main motion as amended carried 5-1 with Mr. Herrnsteen casting the NO vote. H. Mental Health Request For Two Surplus Houses Mr. Anderson moved that the two houses be furnished to Mental Health if they will move them and set them up on Borough property at no expense to the Borough. Seconded by Mr. Arndt. Mr. Peotter moved to amend that they be placed on a designated Borough plot. Seconded by Mr. Hansen. Unanimous voice vote. Main motion as amended carried by unanimous voice vote. I. Christmas Party Mr. Peotter moved that the Mayor be directed to proceed with any party planning for the Borough. Seconded by Mr. Herrnsteen. Mr. Herrnsteen moved to call for the question. Seconded by Mr. Peotter. Unanimous voice vote. The main motion carried by unanimous voice vote. J. Risk Management Report Mr. Hansen moved that the request be granted. Seconded by Mr. Arndt. Unanimous voice vote. K. Rezoning of Lots 1-15, Blk. 1, Russian Creek AK Subd. (Info.) Mr. Arndt moved that this property be auctioned at the next land auction and this auction be held on April 11, 1981. Seconded by Mr. Herrnsteen. Unanimous voice vote. L. Monashka Bay Subd. Lots 5 & 6, Blk. 5, Reclassifyina (Info.) No Action MANAGERS REPORT 1. Executive Session - Legal matters Mr. Peotter moved to go into Executive Session. Seconded by Mr. Hansen. Unanimous voice vote. Mr. Peotter moved that Mr. Garnett be directed to contact Mr. Sharon and get more particulars on the litigation. Seconded by Mr. Hansen. Unanimous voice vote. 2. Bells Flats/Russian Creek Road Service District request Mr. Arndt moved that the Borough go out to bid on the order of culverts. Seconded by Mr. Hansen. Mr. Arndt moved to table. Seconded by Mr. Peotter. Unanimous voice vote. 4. "Mobile Home" bid recommendation Mr. Wakefield moved to reject the two bids received without opening them and re -advertise. Seconded by Mr. Peotter. Unanimous voice vote. 5. Port Lions library request No action necessary KIB ASSEMBLY MINUTES - Dec. 4, 1930 PAGE 6 6. Recommendation for review of financial statement Work Session - Dec. 20, 1980 7. Title transfer - tractor loader Mr. Hansen moved that Brechan be authorized to move it into his shop and take a look at it and come back to the Assembly with what it is worth. Seconded by Mr. Peotter. Unanimous voice vote. 9. Report on Shuyak land selections Mayor will give a report at the Work Session. 10. Report on proposed Ouzinkie/KIB agreement Mr. Peotter moved that the attorneys proceed discussing with Mr. Tubbs in finalizing the result of the D-2 and our agreement. Seconded by Mr. Hansen. Unanimous voice vote. 11. Cottonwood Circle/Willow Circle bid award recommendation Mr. Hansen moved that the bid be awarded to Cessna Brother Trucking, Inc. as recommended by the Borough Engineer in the amount of $65.972.00. Seconded by Mr. Wakefield. Unanimous roll call vote. Mr. Herrnsteen moved to appoint Mr. Hansen to be acting manager at the same rate of pay as Mr. Snyder was, until we get a manager. Seconded by Mr. Peotter. Motion carried by unanimous roll call vote with Mr. Hansen abstaining. The Chair accepted. The Chair would like to appoint Mr. Herrnsteen as the Deputy Mayor for the interim period. Mr. Peotter moved to ratify. Seconded by Mr. Hansen. Unanimous voice vote. :l C D. E NEW BUSINESS A. -Ohd. No. 79-9-0 Adoption of Parks & Recreation Plan (ldt Rdq.) Mr. Peotter moved to adopt Ordinance No. 79-9-0. Seconded by Mr. Arndt. Mr. Peotter moved to amend the addition of the Port Lions Park Plan as an appendix to the Borough Park Plan. Seconded by Mr. Wakefield. Motion carried unanimously. The main motion as amended carried by unanimous voice vote. B. Ord. No. 80-50-0 Amending Title 15 Of The KIB Code Pertaining To The Adoption Of Current Revisions Of Uniform Codes Establishing Standards For Construction And Procedures For Regulating Compliance (1st Rdq Mr. Hansen moved to adopt Ordinance No. 80-50-0. Seconded by Mr. Anderson. Motion carried unanimously. Transferring Ownership Of Power Transformer Tn Front Of High School Cafeteria To KEA Mr. Hansen moved for transfer of Ownership of power transformer to KEA. Seconded by Mr. Arndt. Motion carried unanimously. Reapportionment Delayed until the Work Session on December 20. KIBSD Report of Revenues & Expenditures - Sept. 1980 Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Anderson Unanimous voice vote. F. Setting Date for January Meeting The meeting will be January 9. 1981 at 6:30 PM. KIB ASSEMBLY MINUTES - Dec. 4. 1980 PAGE 7 G. Goals & Policy Mr. Peotter moved to table until it has been reviewed by CZM. Seconded by Mr. Hansen_ Motion carried unanimously. H. Exchange of Checks with City Mr. Peotter moved that the Manager be directed to proceed with the check transfer between the City and Borough. Seconded by Mr. Wakefield. Motion carried unanimouslv. XI MAYORS COMMENTS 1. Letter from Chamber of Commerce Mayor Ogg appointed Mr. Murrav as the Assembly representative on the Beautification Committee. Mr. Peotter moved to ratify. Seconded by Mr. Herrnsteen. Unanimous vote. XII ASSEMBLY COMMENTS Mr. Anderson: 1. Res. No. 80-56-R Adopting Operating Procedures For The Bells Flats - Russian Creek Service District Mr. Hansen moved to adopt Res. No. 80-56-R. Seconded by Mr. Herrnsteen. Mr. Peotter moved to amend by deleting the word major in paragraph 3. Seconded by Mr. Arndt. Motion carried 5-2 with Mr. Herrnsteen and Mr. Wakefield casting the NO votes. The main motion as amended carried by unanimous voice vote, Mr. Wakefield: I. Re: Parks Plan - Port Lions was requested by the Borough Mayor, to relinquish their park powers if they wanted their plan included in the Borough's park plan. Port Lions City Council objected to that sighting various pages of this park plan that had multitudes of things going for City of Kodiak park plans. If the City of Kodiak hasn't relinquished their powers, why does the City of Port Lions? 2. Karluk informed me that they have requested three times from the Borough or the School District their oil bill. They have the cash available to pay it and have had for 30 days. Also, they never signed the contract because it was essentially blank. They would like to receive a bill. 3. Legislature wish list: Sanitary Landfills for the villages not included in the last round. Mr. Murray: Re: Hospital- Seems there is a lack of communication between the Borouqh management and the Hospital management. I would like to see our Acting Manager work on that. Mr. Peotter: (As a member of Kodiak Parks Advisory Council) Received a call and it seems there has been a big turn around in the request for what Kodiak is goinq to be getting in parks. There will be a meeting of the Budget Committee and there will be a report back on fiscal notes which is a process where by you get additional funding. Things are looking quite good. Mr. Herrnsteen: I just want to commend the High School students And evervone involved in putting up the High School sign. I think it is a very fine sign, 1 n 9 S i KIB ASSEMBLY MINUTES PAGE 8 Mr. Arndt: No Comments Mr_ 11anvan- 1. Some of the information in our Dackets which has been printed on the back -side is right -side up and when you turn the page over we can not read it without turning our packet around. Would you tell whoever does that to turn it around so we do not have to turn our packet upside down. 2. Re: Mr. Murray's thinking that we have done nothing for the Hospital. You realize that case has been in court for two years and there is almost $425,000 left on that.That can buy all those things those people need, but we have to get that out of court. As for the communicatinn batween the managers office and the hospital, they were well informed of the funds that were available to them. XIII AUDIENCE COMMENTS No Comments XIV ADJOURNMENT Mayor Ogg adjourned the meeting at 10:58 PM. Borough Mayor ATTEST: 00:�% �' _N