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1977-06-30 Regular Meeting1 0 1 1 2 1 n 4 9 KODIAK ISSLAND BOROUGH SPECIAL ASSEMBLY t1EETING_JUNE 30. I CALL TO ORDER The meeting was called to order by Presidng Officer James Peotter in the Room at 6:31 P. :1. Borough Meeting II ROLL CALL Present Absent :tr. Hurl Estes Dr. :f chael Emmick (excused) Mr. Edward Jack Mayor S. Mayne Kotula Mrs. Sandra Kavanaugh Mr. James Peotter Mr. Frank Peterson Mrs. Betty Wallin A quorum was established. III ITEMS OF BUSINESS A. Ordinance 4 77 -16 -0 levying taxes on all taxable readl and personal property within the borough for the expenses and liabilities of the borough for the fiscal year commencing on the first day of July, 1977 and ending on the thirtieth day of June, 197E (Public Hearing). Due to the length of the ordinance Mr. Peotter read only Sections 1 and 2 Meeting closed; public hearing opened. There were no comments for or against. Public hearing closed: meeting opened. Ctrs. Kavanaugh moved to accept Ordinance 4 77 -16 -0 as amended. Seconded by 'Ir. Estes. Mrs. Wallin moved to amend the motion to read: Account 147 appropriate the sum of $436,000 local support of which ;259,057 shall be the surplus funds from the KIS School District and the balance of $176,143 shall he rasied from taxation. Seconded by :r. Jack. Mrs. Wallin pointed out that the 5259,957 is the balance of the school administration's reserve fund. Federal monies are earmarked, and state monies are allocated on the basis of foundation unit as pointed out by _1r. Peotter: Two conflict opinions were received from two attorneys. Mrs. Wallin asked that we have written opinions on this matter. Hr. Jack stated he felt there has been a definite misrepresentation by the school administration when re- questing funds. fir. Peotter stated that if the assembly votes for this motion it does not put this $259,000 from this budget into our conting4nc fund. The amendment to the main motion carried 4 - 2 with Lir. Estes and t1r. Peotter casting N0 votes. irs. Wallin moved to authorize the borough manager to administer short term interest free loans to the schoo district upon request, not to exceed ;100,000 and for not less than 90 aays. Seconded by Mr. Peterson. Mrs. Kavanaugh asked if the attorney says that we cannot do what we did, where do we find within our budget the additional $259,000 to rectify any error we may make at this time. She stated she feels that the amount should be put into the contingency fund so that if we are wrong it will be available. Mrs. Wallin stated an amendment could be added for an educational reserve fund. Mr. Denslow suggested we use the code .01A for the educational reserve fund. _lotion carried by unanimous roll call vote. sirs. Wallin moved to estab isI' h Account No. 147.O1a entitled Educations Reserve Fund in the amount of $259,957 for interest free loans to the KI3 School District. Seconded by Mrs. Kavanaugh. firs. Wallin explained: the main motion and the amendment Mr. Peotter stated that the minimum local contributions to the school is approximately $130,000. :lotion as amended carried 5 - 1 with Mr. Estes casting one NO vote. B. Resolution 4 77 -27 -R establishing amount due from the City of Kodiak for taxes on personal property within the city limits. Hr. Jack read Resolution 477 -27 -R. Mrs. Kavanaugh moved for adoption of Resolution 47 -27 -R. Seconded by :Irs. Wallin. Motion carried by unanimous roll call vote. IV ADJOURNMENT Meeting adjourned at 7.05 P.M. ATTEST: n— Borough f � ecretary rosiding Officer 1 1 1, 2 1 'l 4 9 4 KODIAP. ISLAND BOROUGJ ASSEMBLY SPECIAL MEETING JUNE 30, 1977 - 7 ;30 P.M. I CALL TO ORDER The meeting was called to order by Presiding Officer James Peotter in the 3orough Meeting Room at 7.30 P.M. II ROLL CALL Present Absent Mr. Murl Estes. Dr. Michael Emmick - excused Mr. Edward Jack Mayor Kotula Mrs. Sandra Kavanaugh :1r. James Peotter Mr. Frank Peterson Mrs. Betty Wallin A quorum was established. III ITEM OF BUSINESS A. Resolution No. 77 -28 -R, replat of portion of USS 1396, Alderwood Townhouse Development (Steen & Matlock) Mrs. Wallin read Resolution No. 77 -28 -R. Mr. Estes moved for was e tion of that Resolution there will be two, poossiblytthreearecreational areas, well located and well planned. This development will comply with contents of the proposed townhouse ordinance soon to come before the assembly. This will be a three phase programs phase one, as set up now, will set occupancy to start about October 15, 1977. The project cost will be approximately 9.5 million dollars. The ciritica conditions, utilities, will be transferred to the city and the developer must meet the city standards of construction and pass inspection of the city engineer during construction and at the time of completion. Motion carried by unanimous roll call vote. IV ADJOURNMENT ATTEST: Meeting was adjourned at 7:46 P.U. ///1., Boroug 'Secretary 7w G t/C- Pr siding Officer KIB ASSEMBLY MEETING - JULY 7, 1977 PAGE 5 Thorsheim Subdivision of Lot 18. Block 16, Kodiak Townsit AK USS 25373 (James A. & Arlene Bredehop). Mr. Estes read Resolution No. 77 -32 -R. Mrs. Kavanaugh moved for acceptance of Resolution No. 77 -32 -R. Seconded by Mr. stes. Motion carried by unanimous roll call vote. H. Resolution No. 77 -34 -R statement of authority delegation. Mr. Jack read Resolution No. 77 -34 -R. Hrs. Kavnau "h moved for acce Lance of Resolution No. 77 -34 -R. Seconded by Mr. Estes. It was state mayor did swear in the clerk on Friday morning, July 1, 1977. Motion carried by unanimous roll call vote. I. Letter from Stu Denslow regarding hospital addition furnishings bids. Mrs. Wallin read the correspondence. Mrs. Wallin moved to accept the recommendation of the borough manager. Seconded by Mrs. Kavanaugh. Mr. Denslow stated that all o f fhe funding comes from HEW. _ Motion carried by unanimous roll call vote. J. Letter from Stu Denslow regarding child care program grant applica- tion for fiscal year 1973. Hr. Jack read the correspondence. Mr. Jacl moved for authorization of grant application. Seconded by Mrs. Wain. Mr. Denslow explained that there was quite an increase from the figure of last year which includes the USCG facility. Motion carried by unanimous roll call vote. Letter from Stu Denslow regarding KANA use permit renewal. Mr. Peotter read the correspondence. Mrs. Kavanaugh moved for renewal of the use permit with KAMA adding the house that also Toes with the complex. Seconded by Mrs. Wallin. Jane Petrich, speaking for KANA, stated they do not want the house Included as they do not have use for it in their program. The borough has control of the use of the house for the months of July and August. In the past the school district has used the house during the school year. It was stated that if the borough assembly gets the house they could utilize it all year by renting it, even though they are not equipped for that type of maintenance. Mr. Denslow sug- gested that KAMA could agree to accept the responsibility for the dwelling under the use permit and work out the agreement with the school board for usage. KANA will pay for the insurance of only the buildings used in their program. Motion carried by unanimous roll call vote. L. Letter 'from Stu Denslow regarding radio communications equipment for new borough ambulance. Correspondence read by Mrs. Kavanaugh. Mrs. Wallin moved to authorize the borough manager to instruct Chief George tagn� usnn to proceed with the purchase of radio equipment to the attached speci- 2tcatlons. Seconded by Mr. Estes. Mr. Jack stated he feels that other local vendors should be contacted for their proposals. Mr. Denslow pointed out that other vendors can and will be contacted. Motion carried by unanimous roll call vote. M. Letter from Stu Denslow regarding mental health residential treatment facility. Mr. Estes read the correspondence. Mrs. Wallin moved that the assembly follow the borough manager's recommendation, items A and B. Mrs. Wallin informed the assembly and borough staff that at least 5 acres would be needed. The director of mental health was instructed verbally that she would be working with the staff and the plan would be turned over to the P 6 Z Commission at which time she would be working with them. Motion carried by unanimous roll call vote. N. Referendum petition re: easements, amendment to modify 16.20.030. Mrs. Wallin read memo from borough clerk. Mrs. Kavanaugh moved that said referendum be laced on the ballot. Seconded by Mrs. Wallin. It was established t at the words "and along side lot lines' are to be deleted, "This section shall apply only to new subdivisions and shall not effect existing easements in use on the effective date of this amendment." is to be added. This intent of the petition is clear but the wor ding is 4 1 1 7 2 0 4 9 n G. Resolution No. 77 -33 -R approving vacation & streets in the villages of Old ' iarbor & Ahkiok, Old Harbor & Ahkiok, AK). Mrs. Kavanaugh read Mrs. Wallin moved for acceptance of Resolution by Mr. Estes. Motion carried by unanimous roll replat of certain unnamed AK (KAIIA on behalf of Resolution No. 77 -33 -R. Ho. 77 -33 -R. Seconded call vote. 1 r 1'? 1 ri 5 1 r KI3 ASSEMBLY MEETING - JULY 7, 1977 FAC confusing and needs clarification. Mr. Peotter called a recess at 3:45 ,, to research Title 29 with reference to this matter. Meeting reconvened at 9:07 p.m. Hrs. Kavanaugh with the consent of her second (Mrs. Wallin) withdrew her motion. Nrs. Wallin uoved that the petition be . returned Tor the reason stated in item b, Section 29.78.073 that the petition is insufficient for clarity. Seconded by Mrs. Kavanau, ^,h. [lotion carried by unanimous roll call vote. Mr. Peotter added Item R, Ordinance 77 -19 -0. 0. Financial Report of June, 1977. Hrs. Kavanaugh moved for acceptance of financial report of June, 1977. Seconded by Hr. Jack. The assembly travel item was discussed. Since the monies were bud;_e charter rates have gone up markedly and people from outside Xodiak `lave made village trips also. Mr. Denslow stated there are three office machine rentals: the Sevin copier, IBM Hag Card /A and the shift on the posting machine from the one we owned to the new rental machine. Mrs. Wallin will check with the bookkeeper to ascertain who pays Dr. Emmick's expenses as representative for the Mental Health Center. Mr. Denslow explained that the termination reserve is spent for terminated employees and is used for unused vacation time. Motion carried by unanimous roll call vote. P. School District revenue report as of May 31, 1977. Mrs. Kavanaugh moved to note that we have received the school district revenue report for May 31, 1977.Seconded by Mr. Estes. Mr. Jack moved to amend the acceptance of the report to ask the physical location of the $134,000 reserve fund and determine why, if they had a reserve fund, supposedly to take care of cash flow problems, they obtained an interest free loan in August, 1976 to pay their insurance bill. Seconder by Mrs. Wallin. Motion failed 3 - 2 with :In. Kavanaugh and Mr. Peotter casting NO votes. Main motion carried by unanimous roll call vote. Q. Monthly activities report of planning department for June, 1977. a Mrs. Kavanaugh moved to accept the report of the planning department for June, 1977. Mrs. Kavanaugh asked the status of the area in :tiller Point where there have been several businesses and whether they :lave been closed down. It was stated that :'r. Grothe has sold his gravel pit to Nike Shockley. sirs. Wallin stated that :r. Shockley is to develop the area to bring it back to borough standards for residential property. Mr. Peotter stated that the grading permit is on the property itself and feels that the responsibility moves from the old owner to the new owner. Mr. Peotter recommended that the borough manager and the planning department researc' the problem. Motion carried by unanimous roll call vote. Mrs. Wallin moved that the borough manager and the planning department research the problem. Seconded by Mrs. Kavanaugh. Motion carried by unanimous roll call vote..' R. First reading, Ordinance tio. 77 -19 -0, an ordinance for the rezoning of the villages of Ahkiok, Old Harbor, Ouzinkie, Karluk, Larsen Bay and Port Lions. Mr. Peotter read Ordinance - iio. 77 -19 -0 by title only. Hrs. Kavanaugh moved for adoption of Ordinance tio. 77 -19 -0. Seconded by Mr. Estes. Mr. Milligan stated that the P 6 Z Commission has scheduled a public hearing at their next meeting which will be prior to the next assembly meeting. They will make recommendation tothe assembly. Motion carried by unanimous roll call vote. IX MANAGER'S REPORT i Ha. Denslow reported on three items: (1) The hosptial extended care unit is approximately 858 completed as of June 24, 1977; final completion should be by the end of July at which time there will be a project inspection to which they hope to invite the members of the assembly; (2) Regarding the borough building paint job, the contractor, Hr. Steenmeyea, has offered to utilize a special coating. This will be studied; it would be at no extra cost. He is prepared to begin painting of the building in about 2 weeks; (3) The school grant from the bond issue for junior high schools in Old Harbor and Port Lions have been signed and we hope to have the architect under contract in 30 days. 1 1 1 1? 0 5 1 KIB ASSEMBLY MEETING - JULY 7, 1977 PAGE f7 X ASSEMBLY COMMENTS Mr. Estes: No comments. Mrs. Kavanaugh: (1) Wonders if some of the used oil the borough has €1 be used on the Chiniak road, or other borough roads, to alleviate the dust situation. If the assembly concurs, would like to have Mr. Denslow look into this. (2) With reference to the situation we had tonight, when the tax card shows a property zoned as business but the zoning map says residential, which takes preference? Mr. Peotter stated that the zoning map takes preference. Mrs. Wallin: (1) Asked to know whether or not the borough owns the land at Terror Lake. (2) Asked the assembly's wishes on the appointment of a temporary manager under 29.23.470. It was decided not make such an appointment. (3) Mrs. Wallin moved to initiate the rezoning of Lot 7, Block 1 Southeast Addition from Zt -1 to R -2. Seconded b Mis. Kavanau h Motion Carrie. by unanimous ro ca vote. 4 Mrs. Wal in moved to initiate the rezonin- of Dave Bean's •ro•ert , Lot 10 Block 3 Kodiak ownsrte rom - to . l by carried by unanimous roll call vote. ((_•fie• Noted n for c clarification on School board minutes of June 13, 1977 under correspondence: "a letter of resignation from Superintendent Robert Greene was read asking that he be released from his contract no later than August 1 and no sooner than Septemberl, 1977" (page 1). It was determined this was a clerical error. On Page 2, for information only, the report was that Mr. Greene stated he was in Juneau and Anchorage where he has spent time discussing Item t 2 allocations that maintenance the funds in 00 were finalized for the upgrading of Peterson Elementary which included painting and replacing of broken glass and in the minutes of June 27 they moved to restrict a portion of the general fund balance after the closing of the 1977 books to be carried over as reserves for 77 -78 for the specific purposes listed, one of those purposes being Peterson • School contracted repair. She wondered if there were two budgeted amounts for repairs on Peterson School. On May 31, 1977, page 4, concerning waivers of school district employees if members of their families are serving on the school board. Mr. Peotter stated that this is a customary practice and is required under law. For information purposes, according to the May 23, 1977 minutes, Mrs. Wallin stated she was in favor of having meetings in the villages but questioned flying out knowing that there would not be a quorum.- Mr. Peotter stated that it is required by law that when a meeting is scheduled they must attend the lack for few mon the was given to the assembly. Asked if it will be on the work session schedule of July 30, 1977 to determine which land will be public . interest be set for September. Mr. Denslow was eask d list the lands that will be for sale. (7) Mrs. Wallin stated that the people of the Kalsin Inn area and many for several miles around are interested in listening to the broadcast of the school board, city council, p 6 Z Commission and Assembly meetings. They inquired as to whether it would be possible to broadcast work sessions but it was felt that due to the length of the meetings it would be impossible. Because of the great interest in borough activities, Mrs. Wallin suggested that the assembly, ill at least once a year, advertise and set up meetings with the Kalsin Bay community as well as those of the other road systems. Chiniak area would be included with Kalsin Bay, Rendezvous area would be from there on in to town, Island Lake community would be combined with Monashka Bay area, the Bells Flats could either be in town or combined with Island Lake. This would keep the assemblyman closer touch with the residents of those areas regarding their needs and wants. The assemblymen would not receive per diem for this travel, with the exception of Dr. Emmick. (8) A mistake was made in the minutes of June 2, when Mrs. Wallin stated that the three members interested in being appointed to the Alaska Coastal Policy Council, 9 member. committee 6 being elected; it should be 16 members with 9 being elected. ilo word has been received from the Governor's office concerning this. (9) Mrs. Wallin has XII ADJOURNMENT ATTEST: 1 1 rj .1 n 9 KIB ASSEMBLY MEETING, JULY 7, 1977 PAGE brought up the concept of the Kodiak Island Borough, private entity Koniag and the State of Alaska sitting down and exploring the possibility of entering relationships regarding GCS joint venture for the benefit of all the community. Since then she has become aware that the :forth Slope Borough is also talking to their native corporations on the sane basis. It was suggested that perhaps a meeting could be set up between the two boroughs since their impact problems are very similar which may open new economic opportunities for the borough. Ur. Denslow stated he felt there was a very real advantage to this proposal which would allow the assembly to get more involved in these matters. Ars. Wallin iloved to authorize the KIB manager to write a letter to the North Slope Borough asking them . if they are receptive to such a proposal. seconded by Mr. Jack. Motion carried by unanimous roll call vote. (10) A work session was arranged for July 8, 1977, probably after 2:00 p.m. between the borough and the Ouzinkie board of directors to attempt to settle a problem regarding the watershed issue. The time was set for 5:00 p.m. in the assembly chambers, There will be four Ouzinkie representatives in attendance. (11) If anyon wished to stay after the meeting, tirs. Wallin had some matters to go over with the borough manager they might be interested in concerning the watershed issue. Mr. Jack: Stated he felt very strongly about the vote taken at his request to find out what happened to the $134,000 school board reserve fund and asked those who voted against it to justify themselves. Mr. Peotter voted against the motion on the basis of a requested legal opinion regarding the matter. There is the possibility that the assembly has no business to investigate their business operations. Mrs. Kavanaugh con- curred with ttr. Peotter. Two attorneys have been contacted to research this and will present written documented statement to the assembly. Urs. Wallin asked that anyone who had not had the opportunity to read the O.E.D.P. update before Saturday, July 9, do so. Mr. Peotter: He concurred with Mrs. Wallin that a very fine job was done on the 0.E.D.P. update. Mrs. Wallin explained that when it is necessary to hire another attorney in addition to the borough attorney, it is up to the manager to do this. XI AUDIENCE COMMENTS Meeting was adjourned at 10:00 J Boroug Clerk 1 2 5 '1 p.m. ( i1 Pr eslding Officer