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1983-09-01 Regular Meeting7 r� 7OD?AK ISLAND BORO GH'A&MBLY MEETING - September 1, 1983 (A Verbatim Record is on File in the Clerk's Office.) I CALL TO ORDER Mayor Herrnsteen called the meeting to order at 6:40 p.m. in the Borough Assembly Chambers. II ROLL CALL Present Absent Mayor Herrnsteen Mr. Anderson Mr. Arndt Mrs. Cater Mr. Murray Mr. Peotter Mr. Wakefield Mr. White A quorum was established. III ACCEPTANCE OF AGENDA Mr. Shealy requested the addition of the following under Manager's Report item B.2. Change Order for Main Elementary School and also move item B. Letter from Jamin & Bolger/Attorneys at Law from COMMUNICATIONS & APPEARANCES to item B.3. under his report. The agenda was accepted with the above changes with no objection. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Reg. - August 4, 1983 Mr. Peotter moved to accept the minutes of the regular Assembly Meeting of August 4. Seconded by Mr. Murray. Motion carried by unanimous voice vote. V MINUTES OF OTHER MEETINGS A. KIBSD - Spec. - July 25, 1983 B. KIB Mental Health Advisory Board - July 18, 1983 C. K.I.T.S. Technical Advisory Committee - May 27, 1983 D. Architectural Review Board - July 6, 1983 & August 2, 1983 E. P & Z - Reg. - August 17, 1983 Mr. Peotter moved to acknowledge receipt of Items A through E Minutes of Other Meetings. Seconded by Mr. Anderson. Motion carried with no objection. VI COMMUNICATIONS & APPEARANCES A. Boards & Commissions Craig Johnson: (Chairman of Parks Comm.) I would like to give you a brief run-down of the facilities. Five Borough neighborhood area parks are in the process of being developed. These include Spruce Cape, two in Bells Flats, Mill Bay and Monashka Bay. Dan VanWieringen: (Hospital Adminstrator) We would request the Borough to advertise for two positions on the Hospital Advisory Board whose terms expire in October. 2.(a) Mr. Peotter moved to remove from the table Resolution No. 83-85-R. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. Mr. Peotter moved to amend under the NOW, THEREFORE, BE IT RESOLVED by the Kodiak Island Borough Assembly that the contract for the Kodiak Island Borough Project #190 be awarded to Northern Explora- tion and EQuiDment ComDanv of Kodiak, Alaska for a Base Bid of ,uvi. �)econaea Dy mr. Hrnat. Hmenament carries Dy unanimous ce vote. KIB ASSEMBLY MTG. - Sept. 1, 1983 Page 2 i 0 0 ;1 °? r! la (Mr. Murray moved to adopt Resolution No. 83-85-R. Seconded by Mr. Peotter.) Main motion as amended carried by unanimous voice vote. (b) Hospital Office Unit (Old Business) Mr. Murray moved to approve the Northland Design & Construction proposal in the amount of $64,320 subject to State approval of the proposal. Seconded by Mr. Arndt. Motion carried 5-2 with Mr. Anderson and Mr. Arndt casting the NO votes. (c) Authorization to Purchase Hospital Equipment (Gastrointestinal Fiberscope) Mr. Murray moved to approve the purchase of the Gastrointestinal Fiberscope with camera from Olympus Corporation in the amount of $8,400. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. 1. Borough Parks & Recreation Committee Vacancy Mayor Herrnsteen appointed Mr. Jeffrey Hamer to fill the vacancy on the Borough Parks & Recreation Committee. Mr. Arndt moved to ratify the appointment. Seconded by Mr. Wakefield. Motion carried with no objection. *** BOARD OF ADJUSTMENT A. Len Grothe - Subdivision of an Unsubdivided Portion Of USS 1396; Lakeview Subdivision; Lots 1-18, USS 1396 Appeal (Res. No. 83-107-R) Mr. Shealy: (Borough Manager - presented the Staff's testimony.) The land in question, that is being proposed for subdivision, has been zoned R-2 for a number of years. On April 16, 1980 a similar plat in this location was submitted by Leonard J. Grothe which was denied by the Planning & Zoning Commission and then appealed by Mr. Grothe to the Assembly. On May 1, 1980, the Assembly referred the matter back to Planning & Zoning with a suggestion that the Com- mission take a close look at the legal ramifications of the issue. It was later heard on July 2, 1980, by the P & Z again as a final plat and failed on a 2-2 vote. Since that time KIB Staff and Mr. Grothe have attempted to negotiate a land swap with no success. On April 14, 1983, Mr. Grothe again filed a preliminary plat with the Borough proposing the subdivision of USS 1396 called Lakeview Subdivision, very similar to the previous plat except this time it has 18 lots instead of 15. These lots are in the strip of land zoned R-2 in the Comprehensive Plan and consist of approximately 8000 sq. feet. A public hearing was scheduled by Planning and Zoning Commission on May 18, 1983 and 65 notices were sent to abutting property owners. At that time Staff recommended approval of the preliminary plat in that Staff saw no reason, according to KIB Code or Alaska Statutes, to deny the plat. On June 3, 1983, the City Public Works Director, Mr. Herman Beukers, submitted comments on the proposed subdivision which were subsequently in- cluded in the Staff recommendation, again recommending approval of a final plat in this area. On June 15, 1983 Planning & Zoning Commission met on the final plat, conducted a public hearing on this subject and Mr. Wilton White testified against the final plat at this time. The plat was approved on a 5-1 vote by the Planning & Zoning Commission. It is my understanding, several other persons testified that evening after the public hearing and after the action by the Commission. It appears to me that your choice as the Assembly, is either to affirm or reverse the Planning & Zoning Commission's decision in whole or in part. It further seems to me, that the real question here is the subdivision of the parcel of the land and not the issues of airport zoning, building permits, glide slopes or easements and so on. Steve Rennell: ( P & Z Rep.) I think that the main reason the ommis�ted the way in which it acted was that after looking at the history of this subdivision and the fact that Mr. Grothe had waited three years, it was felt that was long enough to wait and the Commission had done what needed to be done concerning the public health and safety because it is near an air field. His KIB ASSEMBLY MTG. - Sept. 1, 1983 00002 nit o Page 3 subdivision was within all the requirements of the Borough and we felt it was time to allow him to do what he wishes to do with his property. Mr. Wilton White:(Appellant) As you can see by the balance of these remarks, my chief complaint concerns the safety of myself and others using Lilly Lake as an aviation base for both private and commercial as well as the safety of any person who would be living in the approach area. It is clear that this concern for safety has been adopted as a matter of law by the City ordinances regarding airport side glide slopes and further this safety issue is a matter of common sense. The appellee has complained that the health and safety and welfare of Borough citizens is not an issue to be considered here and the specific violations of the Borough Code 111 must be shown. This is easily done in this case by consideration of Kodiak Island Borough Code 16.20.050 which requires that all lots in subdivisions provide satisfactory and desirable building sites,properly related to the topography and charachter of sur- rounding development. This body sitting as a Board of Adjustment would have to find that the Planning and Zoning Commission found this to be true and would have to re -affirm specifically that find ing. It is clear that this is both legally and factually unsup- portable by any standard or proof. All of the lots in the proposed subdivision are not satisfactory for development because it is illegal or impossible to develop some or all of the lots. All of the lots in the subdivision are not desirable for residential use because it is statistically un-safe and aesthetically un-desireable to live in the final glide -slope of a busy float plane base. Mr. Grothe has chosen to ignore this fatal design defect and as yet has not applied for his plat pursuant to the provisions of Chapter 16.28 requesting a variance. His application must fail even if this were done however, due to the fact that the public welfare and interest of the Borough and surrounding area would not be protected by development of the proposed subdivision. My primary concerns were expressed in my letter of appeal dated July 22, 1983. I wish to emphasize that the Lilly Lake facility of the Kodiak Municipal Airport principally serves the non -airport points of Kodiak Island. The fishing industry uses it for support, supply Fil and fish -spotting equipment. Mark Moderow: (Attorney on behalf of Flirite, Inc.) It is important to note that the Municipal Airport Ordinances haven't been challen- ged by anybody at the present time and therefore as a matter of law have to be presumed to be valid. Much talk has been made concern- ing the expense of litigation in this matter. It would appear that if the entire basis of Mr. Grothe's argument is the invalidity of the Municipal ordinances, it would behoove him to avail himself of the remedy contained in the Alaska Statutes of Court Rules and obtain a Declaritory Judgment as to the validity of the ordinances. It is factually apparent that Mr. Grothe intends to transfer the lots in the proposed subdivision for development. It is also apparent that Mr. Grothe has made no concessions for the fact that the lots are either unbuildable or only marginally buildable due to the Municipal ordinances and the aesthetics of the airport facility. The actions of the Planning & Zoning Commission in approving the Lakeview Subdivision seem to be based on three premises. First, Mr. Grothe has complied with all of the technical planning requirements such as lot size and appropriate streets. Second, the Municipal ordinances may or may not be enforceable so as to restrict Mr. Grothe's ability to market the lots for development and building. And third, that Mr. Grothe will involve the Borough in litigation should his automatic right to ignore the character of surrounding, long standing and much needed development in the area not be granted. The second consid- eration as to the Municipal ordinances can dismissed due to Mr. Grothe's ability to challenge the ordinance by way of a Declaratory Judgment as I have already discussed. And the third deserves no comment at this time because he has not complied with the design standards in the ordinances. He has not technically complied with either the letter or the intent of the Borough ordinances relating to subdivisions. Mr. Grothe also advances the position that the KIB has no authority to inquire as to the public health, safety or welfare of its' citizens. To uphold this decision, it is necessary that the Assembly make a finding that all lots in the proposed subdivision will provide satisfactory and desirable building sites properly related to topography and the character of surrounding KIB ASSEMBLY MTG. - Sept. 1, 1983 0 0 0 n 2 9 1 2 4 1 Page 4 development unless or until the City of Kodiak ordinances contained in City Title 16 are found to be invalid, this fact is not true and cannot be found as a matter of law. Mel Stephens: (Council for City of Kodiak) The City of Kodiak has submitted a written statement in support of this appeal in urging objection of this particular plat. The City does wish to formally indicate it's opposition to the June 15 decision of the Planning and Zoning Commission. Mr. Sutliff: We have heard all the legal aspects of this case and _ I would like to talk a little bit about a moral obligation that I think you people have. It would appear reasonable to assume that you as Borough Assemblymen will act in a responsible and ethical way to perform a moral obligation to protect and promote the Lilly Lake float -plane facility. Matt Jamin: (Attorney for Mr. Grothe) Mr. Grothe asked the Planning and Zoning Commission to divide one piece of property into eithteen pieces of property. He did not ask the Planning and Zoning Commis- sion, nor was it appropriate for him to ask, to be allowed to build on the property. Whether he be talking sub-terranean housing, which would not interfere with glide -slope at all, or whether it be skyscrapers. That was not before the Planning and Zoning Commission and I submit to you, it is not before you tonight. The concerns various parties, who have spoken to you this evening, have raised are very important matters. There is no question about that, but this is simply the wrong form. They are matters that will be appropriately presented when and if Mr. Grothe asks for a building permit or when and if someone, to whom he transfers the property, asks for a building permit and that building permit sets out a plan which will interfere with the glide -slope, Mr. White's moral concerns or the other matters that have been raised. That really is all that's involved. Mr. Moderow: (rebuttal) Basically what it boils down to is this Assembly, sitting as a Board Adjustment, you have to look at two things on every issue. You have to look at the law upon which you can exercise your own decision and you have to look at the facts. And you have to see if there was substantial facts found by the body below you and then you can sustain their decision if those facts do support the opinion. You've got three things that you've got to decide here tonight as a matter of fact and as a matter of law. What are you going to do about the City's airport glide -slope ordinance? You can either assume it is invalid as a matter of law or you can assume it is valid and it is a basic matter of law that you have to presume it's valid until someone attacks it. All ordinances are entitled to a presumption of validity. There is no substantial evidence in the record that would show that all the lots in this subdivision can be built on. At the very least this body must remand for specific findings upon which to act but more appropriately, based on the record, this body should reverse the decision. Mr. White moved to adopt Resolution No. 83-107-R Reversing A Decision Of The Planning And Zoning Commission Which Granted Final Approval To Lakeview Subdivision. Seconded by Mr. Wakefield. Mr. Murray moved to amend by deleting item 1. Lakeview Subdivision is within the City of Kodiak and subject to its Municipa Airport Ordinance. Seconded by Mr. Arndt. Amendment carried 4-3 with Meson, Mrs. Cater and Mr. Wakefield casting the NO votes. Mr. Murray moved to substitute in item 1. As a findin of fact, the approval of this subdivision would c ear v epreciate t e value of the adjoining ro ert and the use of Lill Lake as a float-p ane facility. Seconded by Mr. Wa efie d.Amendment carried 4-3 with Mr. Anderson, Mr. Arndt and Mr. Peotter casting the NO votes. Mr. White moved to amend item 3. Adverse public testimony received at the Board of Adjustment hearing,_ stating that a safety hazard could result from a subdivision. Seconded by Mr. Wakefield. Amendment carried -3 with Mr. Anderson, Mr. Arndt and Mr. Peotter casting the NO votes. KIB ASSEMBLY MTG. - Sept. 1, 1983 Page 5 Motion carried 4-3 on Resolution No. 83-107-0 as amended with Mr. Anderson, Mr. Arndt and Mr. Peotter casting the NO votes. Mayor Herrnsteen adjourned the Board of Adjustment and reconvened as the Borough Assembly. VII PUBLIC HEARINGS A. Ord. No. 83-55-0 Enacting Chapter 8.10 Of The KIB Code Defining Health Powers. Mr. Peotter moved to adopt Ordinance No. 83-55-0. Seconded by Mr. Wakefield. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried on Ordinance No. 83-55-0 by unanimous voice vote. B. Ord. No. 83-56-0 Amending Chapter 17.53 Of Borough Code On Recreational Vehicle Parks. Mr. Wakefield moved to adopt Ordinance No. 83-56-0. Seconded by Mr. Peotter. Mr. Wakefield moved to substitute Ordinance No. 83-56-O(A). Seconded by Mr. Anderson. Motion carried by unanimous voice vote. Regular Session closed: Public Hearing opened: Brad Smith: I am living in a 23 ft. trailer and I woke up with a little white tag on my porch saying you can't live here it's too small. The availability of space in Kodiak is really limited. I think a park would be great for a lot of the transient workers that come up in the summer. I don't think there should be any restrictions on private property as to how big or how small. It's not easy to get started in Kodiak. If I can't stay on private property, I can't stay anywhere. John Bartelino: I am concerned about the size limits. Public Hearing closed: Regular Session opened: Mr. Peotter moved to send the ordinance back to Planning and Zoning to resolve some of the issues and investigate the density on the square foot basis versus on a density per acre, also to look at roads and what would be required for sanitation facilities. Seconded by Mrs. Cater. Motion failed 1-6 with Mrs. Cater casting the YES vote. Mr. Anderson moved to amend Ordinance No. 83-56-O(A) under Section 4. 17.53.040 A. Density: The average park density shall not exceed 20 recreational vehicle sites per acre. Seconded by Mr. Wakefiel3. Mr. Arndt moved to amend under Section 4. to read 25 instead of 20. Seconded by Mr. Peotter. Amendment failed 3-4 with Mr. Arndt, Mr. Murray and Mr. Peotter casting the YES votes. Amendment to the main motion carried 6-1 with Mr. Arndt casting the NO vote. Motion as amended carried on Ordinance No. 83-56-O(A) 5-2 with Mr. Arndt and Mrs. Cater casting the NO votes. C. Ord. No. 83-58-0 Revising Chapter 17.72 Of Borough Code On Amendments And Changes. Mr. Anderson moved to adopt Ordinance No. 83-58-0. Seconded by Mr. White. Regular Session closed: KIB ASSEMBLY MTG. - Sept. 1, 1983 Page 6 Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote on Ordinance No. 83-58-0. D. Ord. No. 83-59-0 Amending Portions Of Chapter 17.75 Of Borough Code On Enforcement, Penalties And Remedies. Mr. Wakefield moved to adopt Ordinance No. 83-59-0. Seconded by Mr. White. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote on Ordinance No. 83-59-0. E. Ord. No. 83-60-0 Amending A Portion Of Chapter 17.51 Of Borough Code On Accessory Buildings. Mr. White moved to adopt Ordinance No. 83-60-0. Seconded by Mr. Wakefield. Mr. Wakefield moved to amend by substitution Ordinance No. 83-60-0(A). Seconded by Mr. Anderson. Motion carried by unanimous voice vote. Regular Session closed: Public Hearing opened: Dave Chatfield: I would like to see this approached from another way. I believe that passing this ordinance can only work a hard- ship in many cases. It is my contention that as long as it is desirable in appearance, serves a purpose and does not detract from other property values around it, you should not pass an all inclusive ordinance. I think you should look at this from the stand point of a case by case basis. Dave Wakefield: (Assemblyman) I still don't like this ordinance. This ordinance is creating a situation in the villages where they are not going to be able to use their land. Everyone in the villages has to have an accessory building. This is creating a whole front yard that is not usable. They can't put in a garage or a little storage shed where they put their fishing gear. They can't store their fuel drums in a shed. I understand the problems in metropolitan Kodiak but I don't like this ordinance being en- forced on this entire island. It's an infringement on our life- style. Public Hearing closed: Regular Session opened: Mr. Arndt moved to amend that portion to read 25 feet measured from the street. Seconded by Mr. Murray. Mr. Murray moved to amend by deleting Section 2 in its entirety. Seconded by Mr. Arndt. Amendment carried 5-2 with Mr. Anderson and Mr. Peotter casting the NO votes. Mr. Peotter moved to table Ordinance No. 83-60-0(A) and send it to Planning and Zoning to review the discussion we have had relative to the problem. Seconded by Mr. Anderson. Motion carried -3 with Mrs. Cater, Mr. Wakefield and Mr. White casting the NO votes. VIII OLD BUSINESS A. Res. No. 83-84-R Awarding The Construction Contract For The Borough Building Residing Project. (Tabled) Mr. Anderson moved to remove Resolution No. 83-84-R from the table. Seconded by Mr. Peotter. Motion carried with no objection. M White r�ove� to amend R solut on No 8d-Y4-R b, �eletin� A�terna a an awar ing tie con ract to n imite ons ru tion KIB ASSEMBLY MTG. - Sept. 1, 1983 Page 7 Company of Anchorage at the Base Bid of $92,000. Seconded by Mr. Wakefield. Amendment carried by unanimous voice vote. Motion as amended carried on Resolution No. 83-84-R by unanimous voice vote. Mr. Peotter moved to award a contract to the Glass Cache, Inc. for the installation of eleven metal framed, thermal vented windows in the amount of $8,800. Seconded by Mr. Arndt. Motion carried with no objection. B. Ord. No. 83-53-0 Exempting Business Inventories From Personal Property Tax. (Reconsideration)(Public Hearing Held) (Mr. Murray moved to reconsider Ordinance No. 83-53-0 and and spread on the minutes. Seconded by Mr. Wakefield.) Motion carried 4-3 with Mr. Anderson, Mr. Arndt and Mr. White casting the NO votes. Mr. Wakefield moved to table. Seconded by Mrs. Cater. Motion failed 2-5 with Mrs. Cater and Mr. Wakefield casting the YES votes. (Mr. Anderson moved to adopt Ordinance No. 83-53-0. Seconded by Mr. Arndt.) Motion carried 6-1 with Mrs. Cater casting the NO vote. C. City of Kodiak's request for Generator/Harbormaster's Office (Tabled) Mr. Murray moved to remove from the table. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. Mr. White moved to table. Seconded by Mr. Anderson. Motion carried 6-1 with Mr. Murray casting the NO vote. IX MANAGER'S REPORT A. September Sessions 1. Work Session on Thursday, September 8, 1983 at 7:30 p.m. in the Borough Conference Room. 2. Joint Work Session with City on Thursday, September 15, 1983 at 7:30 p.m. in the Borough Conference Room. 3. Work Session on Thursday, September 22, 1983 at 7:30 p.m. in the Borough Conference Room. 4. Work Session to review the October packet on Thursday, September 29, 1983 at 7:30 p.m. in the Borough Conference Room. B. Other Business 1. AML - Juneau - November 2-5, 1983 The regular Assembly Meeting for November was changed to Tuesday, Nov. 8 due to the AML meetings. 2. Request approval of a Change Order for Main Elementary in the amount of $290,000. Mr. Peotter moved to authorize a Change Order in the amount of $290,000 for Main Elementary. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. 3. Letter from Jamin & Bolger/Attorneys at Law Mr. Arndt moved to retain the services of Jamin & Bolger over the period of the next year at the rate of $100 per hour. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. X NEW BUSINESS A. Ratifying Election Judges - October 4, 1983 Mr. Anderson moved to ratify the Election Judges as presented. Seconded by Mr. Arndt. Motion carried with no objection. IB ASSEMBLY MTG. - Sept. 1, 1983 Page 8 r' B. Bid Award - Sargent Creek Road Relocation Mr. Peotter moved to award the contract for the Sargent Creek Road relocation to Brechan Enterprises, Inc. in the amount of $61,491.40. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. C. Travel Request/Borough Assessor Mr. Peotter moved to authorize Mr. Haerer to attend the I.A.A.O. Conference in Vancouver at an expense not to exceed $1,167.56. _ Seconded by Mrs. Cater. Motion failed 3-4 with Mr. Anderson, Mrs. Cater and Mr. Peotter casting the YES votes. D. Res. No. 83-110-R Authorizing The Position Of Acting Clerk Mr. White moved to adopt Resolution No. 83-110-R. Seconded by Mr. Wakefield. Mr. Arndt moved to amend by inserting Phil Shealy in place of Lillian Bates. Seconded by Mr. Murray. Mr. Murray moved to table. Seconded by Mr. Peotter. Motion carried 5-2 with Mrs. Cater and Mr. Wakefield casting the NO votes. E. Res. No. 83-96-R Authorizing The Receipt And Expenditure Of Municipal Grants Appropriated By The 1982 Legislature, AS 37.05.315. Mr. White moved to adopt Resolution No. 83-96-R. Seconded by Mr. Peotter. Motion carried by unanimous roll call vote. F. Res. No. 83-97-R Authorizing Participation In The State Day Care Assistance Program Pursuant To AS 44.47.250-310. Mr. Wakefield moved to adopt Resolution No. 83-97-R. Seconded by Mr. Peotter. Motion carried by unanimous voice vote. G. Res. No. 83-98-R Requesting Support And Funding For The Fishery Industrial Technology Center. Mr. White moved to adopt Resolution No. 83-98-R. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. H. Res. No. 83-99-R Authorizing The Transfer Of Responsibilities Agreement Between The State Of Alaska And The KIB For The Kodiak Pedestrian/Bicycle Path. Mr. Anderson moved to adopt Resolution No. 83-99-R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. I. Res. No. 83-100-R Authorizing The Receipt & Expenditure Of A Rural Development Assistance Grant. Mr. Wakefield moved to adopt Resolution No. 83-100-R. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. J. Res. No. 83-101-R Requesting Financial Assistance For The Municipal Land Disposal Grant Program. Mr. Anderson moved to adopt Resolution No. 83-101-R. Seconded by Mr. Peotter. Motion carried by unanimous voice vote. K. Res. No. 83-102-R To Effect Certain Budget Changes In The School Capital Projects Fund. (Auditorium) Mr. Peotter moved to adopt Resolution No. 83-102-R. Seconded by Mr. Murray. Motion carried 6-1 with Mr. Wakefield casting the NO vote. L. Res. No. 83-103-R Requesting Relinquishment Of A Material Site Grant By The State Of Alaska. Mr. Murray moved to adopt Resolution No. 83-103-R. Seconded by Mr. Anderson. KIB ASSEMBLY MTG. - Sept. 1, 1983 Page 9 Mr. White moved to amend the last WHEREAS by inserting salmon sport fishery and spawning rea�rin habitat after the word includes and before the word unusab el Seconded by Mr. Peotter. Amendment carried by unanimous voice vote. Main motion as amended carried by unanimous voice vote on Resolution No. 83-103-R. M. Res. No. 83-104-R Authorizing The Issuance Of A Special Land Use Permit. Mr. White moved to adopt Resolution No. 83-104-R. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. N. Res. No. 83-105-R Authorizing The Use Of Material From Borough Property For The Sargent Creek Road Reconstruction Project. Mr. White moved to adopt Resolution No. 83-105-R. Seconded by Mr. Wakefield. Mr. White moved to amend by the addition of another condition to read 4. Upon completion of the rock extraction the orooerty will be leveled and dressed up in a manner acceptable to the Land Manaoer and Women's Bay Community Council. Seconded by Mr. Anderson. Amendment failed 3-4 with Mrs. Cater, Mr. Wakefield and Mr. White casting the YES votes. Mr. White moved to amend by the addition of another condition to read 4. Upon completion of the rock extraction the property will ed leveland dressed up . a manner acceptable to the Land Manager Seconded by Mr. Wakefield. Amendment carried by unanimous voice vote. Motion as amended on Resolution No. 83-105-R carried by unanimous voice vote. 0. Res. No. 83-106-R Authorizing Land Sale Number Eight And Establishing Its Terms. Mr. Wakefield moved to adopt Resolution No. 83-106-R. Seconded by Mr. Anderson. Mr. Wakefield moved to amend number 2 under BE IT FURTHER RESOLVED to read ten 10) ears instead of five. Seconded by Mrs. Cater. Amendment cam e -3 with Mr. Anderson, Mr. Arndt and Mr. Murray casting the NO votes. Mr. Murray moved to further amend under number 2 by changing the wording to read The loan term for Tract K, Russian Creek Alaska Subdivision shall be ten 10 vears and all other Business zoned es snall be Live t carried - wi casting the NO vote. Main motion as amended on Resolution No. 83-106-R carried by unanimous voice vote. P. Res. No. 83-108-R Awarding The Contract For The Main Elementary Playground Project. Mr. Anderson moved to adopt Resolution No. 83-108-R. Seconded by Mr. White. Motion carried 6-1 with Mr. Wakefield casting the NO vote. Q. Ord. No. 83-61-0 To Effect Transfer Between Funds. (1st Rdg.) Mr. Peotter moved to adopt Ordinance No. 83-61-0. Seconded by Mr. Anderson. Motion carried 6-1 with Mr. Wakefield casting the NO vote. R. DELETED. S. Ord. No. 83-63-0 Rezoning Certain Properties For Land Sale Number Eight. (1st Rdg.) Mr. Anderson moved to adopt Ordinance No. 83-63-O(A). Seconded by Mr. White. Motion carried by unanimous voice vote. KIB ASSEMBLY MTG. - Sept. 1, 1983 7 r) ;n Page 10 T. Ord. No. 83-64-0 Rezoning Lot 4, Tolbert Subdivision, USS 1681 From R1-Single Family Residential To R2-Two Family Residential. (1st Rdg.) Mr. White moved to adopt Ordinance No. 83-64-0 in the first reading. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. U. Ord. No. 83-65-0 Rezoning Portion Of The Chiniak Subdivision From RR1-Rural Residential To RR2-Rural Residential Or PL-Public Use Lands. (1st Rdg.) Mr. Anderson moved to adopt Ordinance No. 83-65-0 in the first reading. Seconded by Mr. Wakefield. Motion carried with no objection. V. Ord. No. 83-66-0 Revising Section 18.20.060 Of Borough Code On Applications For Land Disposals. (1st Rdg.) Mr. White moved to adopt Ordinance No. 83-66-0 in the first reading. Seconded by Mr. Anderson. Motion carried with no objection. W. Contract No. CN 83-100 East Elementary Ballfield & Parking Lot Change Order Mr. Wakefield moved to execute a change order in the amount of $30,030 to Felton Construction to provide for placement of the gravel surfacing on the ballfield and to instruct Staff to re - advertise for bids to install the bases, backstop, fencing, wood traffic control posts and to eliminate bleachers and dugouts. Seconded by Mr. Peotter. Motion carried by unanimous voice vote. X. DOT/PF Transportation Improvement Projects Proposed for Consideration for FY 85-90 TIP The consensus of the Assembly was to submit the following KIB suggestion list for FY 85: Near Island Bridge $14,500,000 Airport Resurfacing 18/36 5,000,000 Kodiak Ferry Dock Repairs 500,000 Airport Sewage Treatment 1,500,000 Float Plane Facility 2,200,000 Benson/Mill Bay Reconstruction 2,600,000 Small Boat Launching Facility 100,000 Y. Approve Sewer -line Construction from Woodland Acres to Mill Bay Mr. Wakefield moved that the Staff be authorized to proceed with the installation of the Rauwolf Subdivision force main at an estimated amount of $48,000 assuming there is no cost to the Borough, that the Borough gets the necessary permits and that it is at the same standards. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. Z. Day Care Assistance Program FY 1983-84 Subcontract Mr. Wakefield moved to authorize Staff to enter into a contract with Susan Dewitt-Ramaglia in the amount of $15,269. Seconded by Mr. Anderson. Motion carried with no objection. aa. Naughton Waterline Change Order Mr. Peotter moved to award a contract to Brechan Construction in the amount of $307,095 for approximately 2,800 lineal feet of water line to Naughton's Trailer Court and that it be granted under the emergency provisions of KIB Code 3.16.070. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. bb. Approve Res./Voc. Training Program Contract Mr. Arndt moved to authorize accepting the Mental Health and Development Disabilities FY 84 contract in the amount of $94,700. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. cc. Approve Mental Health and Disabilities Contract KIB ASSEMBLY MTG. - Sept. 1, 1983 2 7 �, Page 11 Mr. Wakefield moved to authorize accepting the Community Health FY 84 grant in the amount of $204,700. Seconded by Mr. Anderson. Motion carried with no objection. dd. Panamaroff Ciwle Park Proposal Mr. Peotter moved to award the contract to North Pacific Construction Co. in the amount of $7,840 for the installation of equipment at Panamaroff Circle Park. Seconded by Mr. Wakefield. Motion carried with no objection. ee. Facility Coordinator's Status Report - August 1983 Mr. Wakefield moved to acknowledge receipt. Seconded by Mr. Anderson. Motion carried with no objection. ff. Use of Undesignated Road Monies No action taken. (Referred to work session.) gg. DELETED. hh. Res. No. 83-109-R Re: Local Service Roads & Trails Mr. Peotter moved to adopt Resolution No. 83-109-R. Seconded by Mrs. Cater. Motion carried by unanimous voice vote. ii. KIBSD Financial Report - July 1983 Mr. Wakefield moved to acknowledge receipt. Seconded by Mr. Peotter. Motion carried with no objection. jj. DELETED. kk. Hospital Financial Report - June 1983 Mr. Wakefield moved to acknowledge receipt. Seconded by Mr. Peotter. Motion carried with no objection. XI MAYOR'S COMMENTS - None. XII ASSEMBLY COMMENTS Mr. Anderson: No comments. Mr. W�efield: Requested Staff to draft an ordinance to provide a mec animism for people in the villages to vote absentee in Borough Elections, i.e. designate the City Clerks to officially issue the absentee ballots. Mrs. Cater: No comments. Mr. White: I feel that we should perhaps have the new attorney check on preparing something on what I feel is not legal re: sales tax on utilities & etc. in outlying areas of the City. Mr. Arndt: I still have a problem with the RV thing. I think we are too idealistic. We are ignoring the situation. Mr. Arndt moved to request the deletion of the curb, gutter and sidewalk on the Mill Bay project and only go with the surfacing at this point. Seconded by Mr. Wakefield. Motion failed 3-4 with Mr. Anderson, Mr. Arndt and Mr. Wakefield casting the YES votes. Mr. Murray moved to request that DOT consider Mr. Arndt's concerns and that they delete curb, gutter and sidewalk on one side of the street. Seconded by Mr. White. Motion carried 6-1 with Mr. Arndt casting the NO vote. Mr. Murray: Mr. Murray moved that the Borough deed the property, which is part of the runway, to the City at no cost assuming they will accept it. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. I am wondering if at one of our worksessions, if Staff might prepare for us some ideas of what our priorities are at AML. Mr. Murray moved that Staff be directed to pursue settlement with CTA and DOWL Engineers concerning the cost encurred with the change order KIB ASSEMBLY MTG. - Sept. 1, 1983 Page L1 0 0 0 2 1 2 A n by Rogers & Babler due to the problems in construction of Main Elementary. Seconded by Mr. Anderson. Motion carried. I think the Assembly and the School District should involve young people in local government affairs. It seems like we are always sending them somewhere. Mr. Peotter: Mr. Peotter moved to reconsider the motion on the Mill Bay project. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. Mr. Anderson moved to amend the motion by deleting the curb, gutter and sidewalk from both sides of the street. Seconded by Mr. Wakefield. Motion carried 6-1 with Mr. White casting the NO vote. XIII AUDIENCE COMMENTS Steve Law: (KMXT) Introduced himself to the Assembly. XIV ADJOURNMENT Mr. Murray moved to adjourn. Mayor Herrnsteen adjourned the meeting at 1:04 am. 4/Ai2t�0 i� ATTEST: