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1978-02-02 Regular Meeting1 rI 1 1 2 n S 7 n KODIAK ISLAND BOROUGH ASSEMBLY MEETING, FEBRUARY 2, 1976 I CALL TO ORDER The meeting was called to order by Mayor Betty Wallin in the Borough Meeting Room at 6:40 P.M. II ROLL CALL Present Absent Dr. Michael Emmick Mr. Edward Jack Mrs. Sandra Kavanaugh Mr. Tom Logan Mr. James Peotter Mrs. Marlene Wasson Mr. Bill Williams Mrs. Betty Wallin, Mayor A quorum was established. III ACCEPTANCE OF AGENDA Added: V: F. Acknowledge Receipt of Report from Crews, Maclnnes 6 Hoffman Regarding Main School Water System VIII B. Opheim SI:':division Resolution #77 -43 -R Request for Variance IX R. Trading of Lands - Lutheran Church, Rev. Redman Dr. Emmick moved that the agenda be closed. Seconded by Mr. Jack. Motion carried by unanimous consent. Mrs. Kavanaugh asked if €}i meant that no other business could be taken care of during the meeting except that on the agenda as accepted. It was agreed this is the case except that motions could be made under comment items. IV MINUTES OF PREVIOUS MEETINGS A. Assembly- Regular - January 10, 1978. Mr. Peotter moved to accept the minutes of the January 10, 1978 meeting. Seconded by :zrs. Kavanaugh. Mr. Jack asked that Item A under public hearings be brought back on the floor as the motion to table failed, Ordinance 1177 -27 -0 request to rezone certain lots in Blocks 12 and 13, Aleutian Homes Subdivision. To correct the minutes of January 13, 1978 Dr. Emmick moved to table the request until the next regular meeting. Seconded by Mr. Peotter. Motion carried with Mr. Jack and Mr. Logan casting NO votes. [1r. Jack moved for acceptance of Ordinance 077 - - Seconded by Mr. Logan. It was pointed out that the rezoning request was from R -1 to R -3 and that the developer had withdrawn his development plan Nr. Jack moved that Mrs. Kavanaugh be excluded voting on this issue due to a private interest in property in the area. Seconded by Mr. Logan. Mr. Peotter asked if Mrs. Kavanaugh could vote on the ordinance itself or on the motion to table. Mrs. Kavanaugh asked if she could vote on any item that was on the agenda for the January 10th meeting as she did not attend that meeting. Mrs. Wallin ruled that a privileged item takes preced- ence over all other motions except to adjourn and to fix time of the next meeting. Mr. Williams called a point of order pointing out that this concerns Mrs. Kavanaugh's privilege to vote. Motion carried with Mr. Jack and Mr. Logan casting NO votes. Mr. Jack challenged Mrs. Kavanaugh's right to vote on the grounds of a conflict of interest. Mrs. Kavanaugh stated she had requested that her property be axcluaed from the request. Mr. Mulitalo said it had been included but by th.: planning commission, not Mrs. Kavanaugh. Chair moved to accept tho minutes of January 10, 1979 as corrected and January 19, 1972 by unanimous consent. V MINUTES OF OTHER MEETINGS A. Governing Board of Ktdiak Aleutian Mental Health Center, :ecccber 21 1977 B. School Board, January 9, 1978 Dr. Emmick moved to accept the minutes in a group. Seconded by Mr. Jack. Motion carried by unanimous consent. 1 0 1 1 2 1 0 5 7 1 KIS ASSEMBLY MEETING, FEBRUARY 2, 1976 PAGE 2 VI COMMUNZEATIONS E APPEARANCES A. Pat Szabo - Letter and Resolution 473 -21 -R Acknowledging Efforts and Accomplishments of Radio Station KMXT. Mr. Logan read the correspondence and Resolution 478 -21 -R. Pat Szabo: The resolution submitted is in conjunction with a fund arive the weekend of February 10th through 12th, a marathon. KMXT is asking for the support of the borough. Mrs. Wasson asked why there is a need for additional funds. Mrs. Szabo explained it is needed for operating expense for Che fiscal year. KMXT is trying to get accreditation which would mean better service to the borough and the entire community. Accreditation would make them eligible for certain funding they are not entitled to now. Two primary requirements for this are that KMXT would have at least five technical employees and would be on the air at least 181/2 hours a day. In order to meet these requirements the operating expenses have become greater than the budget. They are hoping to raise $22,000 with the fund drive. Mrs. Szabo stated that a related issue is that at present KMXT owes the borough $2,200 for rent for the fiscal year. They are asking that the borough forgive KMXT this amount. Stated that the intent of KMXT is not to compete with KVOK, a privately owned station, but to complement it. Stated that nearly all of the monies for funding are state monies. Most of the expenses are in salaries. Accreditation for entitlement to federal funding would mean expand- ing the programming in areas which are not available. Mr. Logan stated his support of KMXT. Mr. Logan moved for acceptance of Resolution 478 -21 -R Seconded by Mr. Peotter. Dr. Emmickexplained that his reason for his vote would be that he felt endorsement of the resolution would mean endorse- ment by a local government of the Ecpansion of KMXT. Mrs. Kavanaugh concurs with Dr. Emmick. Mrs. Wasson felt that this resolution would encroach on private enterprise. Mr. Williams stated he realized that public broadcasting at a national level was developed by our legislators to insure that certain amounts and qualities of broadcasting were presented to all the nation, including remote areas of Alaska and that KMXT should be supported. Mr. Peotter stated that the assembly is asked by the resolution to support the efforts of KMXT not the question of "public v.;rsus private enterprise ". Mrs. Kavanaugh moved to amend the resolution by deleting 'and" at the and of the third - WHEREAS, "radio station KMXT needs additional funds for this program ear" from the fourth UHEREAS, and "to raise funds for their needs" f rom the last sentence. Seconded by Dr. Emmick. Motion failed 3 -4 with Messrs. Jack, Logan, Peotter and Williams`casting NO votes. Mrs. Kavanaugh felt that with the dele- tions she could support the resolution. rain motion carried 4 -3 with Dr. Emmick, Mrs. Kavanaugh and Mrs. Wasson casting NO votes. B. Health Resources Council Appointment. Mrs. Wallin asked approval of the appointment of Ann Valley to the Health Resources Council. Mr. Peotter moved for ratification of the appointment of Ann Valley to the Health Resources Council. Seconded by Mr. Logan. Motion carried by unanimous roll call vote. C. Tax Study Committee Appointments (City). Mrs. Wallin asked the approval of the appointment of Irene Ferris and Jeannie Painter to the Tax Study Committee. Mr. Peotter moved for ratification of the appointment of Irene Ferris and Jeannie Painter to the Tax Study Committee. Notion carried by unanimous roll call vote. D. Request for Additional Funds for KCA. Dr. Emmick read the correspondence. Betty Ford: Stated that KCA has cut back as closely as possible but in spite of that there has been a heavier out patient load as well as having unexpected repair bills, such as plumbing and furnace repairs. With the cost of living rise and no increase in contributions from the borough they face a budget deficit. She added that the expansion of services •nr,.,,acp of courses 1 1 1 ? 2 n ; 7 KIB ASSEMBLY MEETING, FEBRUARY 2, 1978 PAGE 3 offered. Overtime has bean an additional cost. Mr. Denslow stated tha budget request had included emergency detox and Hope House funds but the assembly had deleted these items of local support for these two entities; the funds are available in a contingency reserve. "!r. Logan stated he felt that the revenue from Alcohol sales which goes to the city should go toward KCA support. Mrs. Ford stated she has a request for funds in to the city at present. Mrs. Arndt stated there are extra funds provided by the state for this type of need if they are requested. Mr. ?cotter moved that the boron h a rove "x3,500 for KCA to be taken from the continc account. econded by Mrs. Wasson. Mr. Denslow had reviewed t request taking into consideration the funds deleted by the assembly in the KCA original request but did not review their operating budget. lotion carried 6 -1 with Mr. Logan casting one NO vote. E. Presentation of Petition for Incorporation of the City of Afognak. Richard Wamser: Stated that efforts have been made to develop a city on Afognak. The initial request was given the support of the borough at which time it was agreed to keep the borough informed of the progress. He distributed to the assembly members copies of "Petition for Incorporation of the City of Afognak"- reference: AS Sec. 29.18.250. This was received and noted by the clerk. He explained that the two main aims of the petition are: (1) to utilize the municiapl regulations for the development of a city which will ultimately lead to the development of a resource and (2) the developmene of Afognak Island in an orderly manner in order to utilize timber resources in a method that will generate jobs in the local economy in the borough. Stated that the incorporated area will consist of approximately 825 square miles. The petition was amended so that the boundary in the location of Marmot Bay would not extend beyond the borough boundary as a city must bu .: ntirely within one borough. It was suggested that the borough amend their boundary LE-this area. This area would embrace approximately four people. This is not intended to be a revenue sharing projection. It is projected for a nine -year development then revert back to normal procedure. It was noted that certain lands are to be set aside for schools although not specifically stated as this is a very basic plan. Mr. Logan's concern was that there would be clear title to the land for the schools. Mr. Wamser explained that the 'revert back section ", according to statutes, the development city is in a very special stage for a period of five years; from five to nine years, in steps, it slowly changes to meet the requirements of Standard Alaska Acts for boroughs or cities. If at the and of five years the city cannot meet the population requirements for a first calss city, it would be incorporated in whatever class it would meet the requirements for. Mr. Jack asked if there would be any effect on the incorporation of the Port Lions and the Afognak groups together on this particular city; Mr. Wamser stated there would be no direct affect. As far as the government is concerned, instead of dealing with two entities and two acreage.+allotments, they would deal with one entity with two equal acreage allotments. Hr. Peotter moved for recognition and acceptance of the petition and recommend it be directed to the planning department and legal counsel for review. Seconded by Mr. Williams. Motion carried by unanimous roll call vote. F. Acknowledge Receipt of Report from Crews, Maclnnes B Hoffman Regarding the Main School Water System. Dr. Emmick moved to acknow- ledge receipt of the report. Seconded by Mrs. Kavanaugh. Motion carried by unanimous consent. VII PUBLIC HEARINGS A. Ordinance #77 -38 -0 Assessment and Taxation of Mobile Homes. Mr. Williams read the correspondence and Ordinance #77 -38 -0 by title only. The regular meeting was closed; public hearing opened. No one spoke for the ordinance. John Parker, Crestview Subdivision. Inquired as to the method utilized in the evaluation procedure. Mr. Haney, Assesser- Appriascr stated there is no change in the way things will be assessed as he is governed by state law which reouires market value for assessing. 1 0 1 1 2 ) 1 5 7 KIB ASSEMBLY MEETING, FEBRUARY 2, 1978 Public hearing closed; meeting opened. Dr. Emmick moved for adoption of Ordinance #77 -38 -9. Seconded b Mr. o2 an. Mrs. Kavanaugh asked Is mobil. homes in the city aro classed as personal or r:al property. Mr. Hanty stated they are treated as personal property. :lotion carrid b vote. y unanimous roll call B. Ordinance #78 -1 -0 COLA Increase. trs. Kavanaugh read Ordinance # -1 -0. The meeting was closed; nub'_ic hearing opened. Ivan Widom, City Manager: Stated he is positively for an ordinance. Asked where the 6.8 percent figure care from. Feels the action of the borough assembly will affect the employees of the city, school district and other local jurisdiction. Mrs. Wallin pointed out that the personnel policy committee had made studies of the lower 48 and State of Alaska living cost and several other sources in order to arrive at this figure. Dennis Muria,,, chairman of the city personnel board: Echoes the remarks oo the city manager as the city is also involved in a personnel study. Feels the two bodies are duplicating each other. The city may go to a different way of computing the cost of living, a progressive forecasting system. There is a "catch up" and "keep up" type of system. Lorna Arndt, member of borough personnel policy committee: Stated the committee arrived at C.8 percent as an average of figures from several studies. Public hearing closed; meeting reopened. Mrs. Kavanaugh moved for adoption of Ordinance #78 -1 -0. Seconded b Mr. Lo an. Dr. Emmick state ne e t t e amount nai eac, assembly member should be adjusted to a realistic figure or be done away with completely. Mr. Denslow stated this figure catches up to the cost of living as of January 1, 1978. Mr. Lo an moved to amend the 3.3 Percent to 3.4 ercent. Seconded by Mrs Xayanauvh Mr. eotter explains the working of the personnel policy committee. rEost had to do with basic policy pertaining Per l of the policies not deal with salary increases. One exceptionwas o the borough joining the state retirement system. Mrs. Arndt stated that the personnel policy committee considered everything and then made recommendations to the assembly. Mrs. Kavanaugh felt the employees accepted an' excellent health plan and a good retirement policy and should not be given an increase. motion failed with Messrs. Jack, Lo an Peotter and Williams casting MO votes. Mrs. Kavanaugh re- emphasize her previous statement. Dr. Lmmick moved to amend Ordinance # -1 -0 to rovide a five .ercent increase. Seconded by Mrs. Mr. illiams asked for a clari 'cation on whether the personnel policy hoard made allowances for health benefits and retirement. Mrs. Arndt answered that all aspects had been considered in arriving at the 6.8 percent figure. Mr. Denslow explained that the personnel policy provides for medical insurance but the borough did not fund it and the program is for consideration for the next fiscal year. The retirement program did not begin until January 1, 1978 so only half of the program was considered in the personnel policy. The employee pays 4.25 percent of his income to the retire- ment program. Mrs. Kavanaugh stated she felt the borough should not decide on this program just because other cities, or any government is doing it but should consider this' individual situation. The amended motion failed 3 -4 with Messrs. Jack, Lo an Peotter aU 11 'ams cast'n votes. Main motion carr'e. 4 -3 with Dr. Emmick., Mrs. avanaugh and Mrs. Wasson casting NO votes. Mr. Peotter requested that in the future the personnel policy committee, when considering COLA increases, look into the policies of the city. C. Ordinance #78 -2 -0 Antirecession Funds. Mr. Denslow pointed out that the federal regulations relating to the antirecession. funds and federal revencue sharing expenditure, the public hearing must be held PAGE 4 ) n S 7 4 KIB ASSEMBLY MEETING, FEBRUARY 2, 1373 PAGE 5 by the party that develops the budget, not by the party that must vote upon it, so the procedure is slightly chanjed. Ordinance e 78 -2 -0 was read by title only. Regular meeting closed and public hearing opened. Mrs. Wallin asked for any public comments. Ivan Widom, City Manager: Asked what population the borough is receiving antirecession funds on. Hr. Denslow stated the figure is 10,351, the entire population of the borough. "'r. Adorn stated (1) that listed on Ordinance #73 -2 -0 are the Bells Flats- Russian Creek Service District for 525,000 and the Parks and Recreation Program for 54,783. Felt that the funds were received in part based on the population of the city, 4,960, and that by using part of the money outside the city, the city is being done a disservice; (2) felt that allocating $25,000 for the Bells Flats- Russian Creek Road Service District to make up: a deficit is setting a very poor precedent as other service districts will be formed. Has understood that a service district should pay its own way. Dennis Murry, personnel chairman for the city: Asked if there is a prioritization for the use of this money. Mir. Denslow stated the monies must be used for service that has been rendered at least in the prior fiscal year, preferably those services involving manpower. It cannot be used to build buildings. Public hearing closed; regular meeting opened. Mr. Logan moved for adoption of Ordinance 378 -2 -0. Seconded by ' ?r. Peotter. Mr. Jack asked if there were any other areas of manpower in which this could have been utilized during the past year. flr. Denslow explained that actually the monies were spread among many accounts. In order to meet the guidelines the assembly must be specific as to its alloca- tion. The actual budget is 536,000. Motion carried 6 -1 with Dr. Emmick casting one NO vote. Mrs. Wallin declared a five minute recess at 8:35 P.M. D. Ordinance 478 -3 -0 Revenue Sharing Expenditures Account. Mr. Denslow presented the opening statement. He read Ordinance 173 -3 -0 by title only and asked that in the third WHEREAS the words "by the 1976 amendments" be eliminated. Mrs. Wallin closed the regular meeting and opened the public hearing. Ivan Widom, City Manager: Asked if this was the proposed use hearing or the budget hearing. Mr. Denslow explained this was the proposed use hearing. Stated that the borough had erred in not holding a second public hearing at the time of the budget enactment, it was pointed out by the auditors that it was necessary to hold a third public hearing, this being the third hearing. Public hearing closed; regular meeting opened. Mr. Logan moved for adoption of Ordinance 1178 -3 -0. Seconded by Mrs.-Wasson. Mr. Peotter moved to delete the words by the 1976 amendments' from the third paragraph. Seconded by Mr. Williams. The amendment passed by unanimous rol call vote. Main motion carried by unanimous roll call vote. E. Ordinance 478 -4 -0 Amending Section 1207 (a), (b) and (d) of KIB Personnel Rules and Regulations by Deletion and Substitution (Auto Insurance as Amended by Attorney). Mr. Jack read Ordinance 478 -4 -0 by title only. There was a letter of recommendation from the chairman of the KIB Personnel Board. :r. Jack moved for acceptance of Ordinance 478 - - Seconded by !!r. Logan. Mrs. Wallin closed the regular meeting and opened the public hearing. No comments for or against the ordinance. Public hearing closed; regular meeting opened. It was pointed out that if in employee was a high risk he could only receive the minimum coverage. Mr. Denslow stated that during the time the personnel policies were b.,ing drafted, open ended liability was discussed which, on advice of counsel, is a very precarious situation for the borough to be in. Th.2 insurance representative and counsel discussed the issue and two things that were very important were brought out. (1) The public liability portion of an insurance policy 1 S 7 r KIB ASSEMBLY MEETING, FEBRUARY 2, 1978 PAGE 8 is being dealt with, not the property damage portion. (2) The borough is agreeing to pay only the difference between the amount of the employees present insurance and the increased level of liability to 100,000 to 300,000 dollars. The counsel and insurance agent have ... come up with a combination of wording that closes the open ended liability issue and reduces the cost to the minimum possible under existing Alaska law and under existing provisions of insurance avail- able in the State of Alaska. If thu borough would not usa this policy, they would have to embark on a motor pool policy which would be much more expensive. ttr. Williams stated ha felt there should be a limit on the amount per year rather than having an unlimited amount, Mr. Peotter felt the decision regarding a high -risk employee should be administrative. It was suggested that not to exceed $150' be added to the last paragraph. :Ir. Denslow stated he would seek counsels advice as to whether that would also put a ceiling on the amount of liability. Mrs. Kavanaugh moved at the end of the last paragraph, subsection (b) the words "not to exceed `$150 per annum" be added. Seconded by Mrs. Wasson. The amendment carried by unanimous roll call vote. Main motion carried by unanimous roll call vote. VIII OLD BUSINESS A. Borough Assembly Tax Committee. As a result of a work session, Mrs. Kavanaugh, Mr. Logan and Mr. Peotter volunteered to serve on this committee. Mr. Peotter stated he hoped it would be possible to meet during the next week to discuss background information. This is a permanent sub - committee. Dr. Emmick moved that such a committee be formed with Mrs. Kavanaugh, Mr. Logan and Mr. Peotter named as members. Seconded by Mr. .iliiams. Motion carried with Mr. Jack casting one NO vote. 3. Opheim Subdivision Resolution i77 -43 -R Request for Variance. Mr. Mulitalo pointed out that on January 10, 1973 this request was tabled until such time as the Ouzinkie City Council and the Ouzinkie 'Dative Corporation had the opportunity to review and comment on the subdivi- sion. This has been done; therefore, staff requested this be taken off the table and acted upon tonight. It was explained this request had been postponed, not tabled. On January nth staff met with the Ouzinkie City Council. Mr. Mulitalo read a latter from them resulting from this meeting dated January 26, 1973; also, a letter from the president of the Ouzinkie Native Corporation, dated February 1, 1978 with their views on the matter was read. Both letters were submitted for the record. Mr. Opheim requested exemption from the design standard of the subdivision code, specifically, 16.20.010, 16.20.020(5) 16.20.041, 16.20.050, 16.20.060, 16.20.070 and 13.20.080. Mr. Mulitalo explained these requests. There are approximately 37 lots in 57.4 • acres making up this subdivision. He stated that because of a publication in the Kodiak Mirror staff does not definitely know what the intent is for Mr. Opheim's development of the land. In addition, Mr. Opheim is asking to be exempted from the requirements of 16.24 of the code which is the minimum improvements on the property. The City of Ouzinkie and the Ouzinkie Native Corporation have stated they do not object to the subdivision of this land if it is done per the code requirements. Mr. Logan asked if any property under five acres had to have an adequate road to it. Mr. Mulitalo stated he was not familiar with such a statute. Dr. Emmick felt that more research should be done on this. There are not provisions for water and sewer on this subdivision. Dr. Emmick moved that the subdivision variance request by Mr. 2pheim be denied. Seconded by Mr. Logan. Motion carried by unanimous roll call vote. IX NEW BUSINESS A. Liquor Licenses Renewal - Harold R. Sargent. Mrs. Kavanaugh read the correspondence. Mr. Peotter moved to voice no objection. Seconded by Mrs. Kavanaugh. Motion carried by unanimous consent. B. Request from City of Kodiak for Road Easement to City Cemetery. Mrs. Wallin requested this be referred to the work session on February 75, 19'T8. 1 1 1? 1 0 5 7 KIB ASSEMBLY MEETING, FEBRUARY 2, 1978 PAGE 7 C. First Reading Ordinance .97G -5 -0 Recommendation on Building Permit Fees. Mr. Peotter road Ordinance 173 -5 -.0 by title only at first reading. Hr. Peotter moved for acceptance of Ordinance "78 -5 -0. Seconded by Dr. Emmick. Motion carried by 6 -1 with ::rs. Kavanaugn casting one :10 vot.:. D. Resolution #78 -24 -R Health Resources Advisory Council Reaffirma- tion of General Goals and Functions. Mrs. Wasson read Resolution #78 -24 -R. Mrs. Kavanaugh moved for adoption of Resolution 070-24 Seconded by Mr. Peotter. Motion carried by unanimous consent. [irs. Wallin requested the clerk to sand a copy of this resolution to the chairman of the Health Resources Advisory Council. E. Resolution #78 -23 -R Proposal for Inclusion of Akhiok, Larsen Jay and Ouzinkie in 1978 Rural School Bond Issue. Mr. Peotter react gesolabion #78 -23 -R. Mrs. Kavanaugh moved to adopt Resolution #78 -23 -R. Seconded by Mr. Jack. Dr. Emmick stated he was in favor of this resolution. Mr. Denslow agreed with Dr. Emmick that the borough must be aware of taking on additional oxpenscs for mainten- ance and operations as the physical facilites are expanded, such as the hopital and the school system. Mrs. Kavanaugh stated she felt the costs indicated by tho villages of Akhiok, Larsen Bay and Ouzinkie showed high hopes and exaggerated figures. It was pointed out that the borough must provide these facilities for secondary education. It was brought out that the cost of a school building is only the beginning of the facility - maintenance and other costs must follow. The school district assured that the operation and mainten- ance of these schools is provided by the state. Motion carried by unanimous roll call vote. F. Application for Lease of Land Tract A, Parcel 3, Bells Flats AK • Subdivision (Daniel J. Bayne). Referred to the February 25th work • session. G. Resolution #78 -13 -R Authorizing the Construction of the Sawmill Circle to Lakeview Drive Improvement Under Roads and Trails Program. Part 1. Mrs. Kavanaugh road the correspondence on the matter of construction specifications. Hz'. Peotter moved to accent the admin- istrative recommendations. Seconded by Mr. Logan. Motion carried by unanimous roll call vote. Part 2. Resolution #78 -13 -R used for the adoption of a particular segment of the Roads and Trails Program as affects this construction. Mr. Logan moved for adoption of Resolutiop #78 -13 -R. 3econdeu b Mr. Peotter. 11r. Logan read Resolution #78 -13 -R. Hr. Denslow stated that there is not a servica district in Monashka Bay and none is required. The residents have stated they are not in favor of having a road service district in their area. The Department of Transportation assumes the maintenance of roads outside a road service district using roads and trails funds. Motion carried by unanimous consent. H. Resolution #78 -14 -R Resubdivision of Lot 4, Block 10, Tract A, Ouzinkie Townsite, USS 4871 (Peter Squartzoff). Hr. Jack read Resolution, #78 -14 -R. Mr. Mulitalo stated that Ouzinkie has a local planning and zoning advisory committee which will work closely with the KIB planning and zoning commission. Ouzinkie advisory committee sees no problems with this resubdivision. Dr. Emmick moved to accept Resolution #78 -14 -R. Seconded by Mr. Logan. Motion carried by unanimous consent. I. Resolution #78 -15 -R Resubdivision of Lot 2, Block 6, Tract A, Ouzinkie Townsite, USS 4871 (John Panamarioff). Mr. Williams r.:ad Resolution #78 -15 -R. Mr. Logan moved for adoption of Resolution #78 -15 -R. Seconded by Mrs. Kavanaugh. Motion carried by unanimous consent. J. Resolution ;'78 -16 -R Resubdivision of Lot 3, Block 6, Tract A, Ouzinkie Townsite (Gene 6 Angeline Anderson). Hr. Jack read 2 1 1 1 2 i r1 5 7 KIR ASSEMBLY MEETING, FEBRUARY 2, 1972 Resolution 478 -16 -R. Mrs x178 -16 -R. Seconded by consent. PAGE 8 . Kavanaugh moved for adoption of Resolution Dr. Emmick. Motion carried by unanimous K. Resolution 078 -17 -R Rzsubdivision Lots 4 6 5, Block 2, Bells Flats AK Subdivision (William Williams). Dr. Emmick read Resolution 478 -17 -R. Mrs. Kavanaugh moved for adoption of Resolution 078 -17 -R. Seconded by Mr. Logan. '!r. Mulitalo stated staff recommended approval of the resubdivision but would not file the plat until the road is completed. Motion carried 6 - with Mr. Williams abstaining. L. Resolution 478 -10 -R Setting Date for Special Election for Service District I (Island Lake Area). Mrs. Wallin requested that in preparing the packets, th::resolution be placed first, followed by the correspondence. Mr. Denslow explained that this item is in two parts, Ordinance 478 -6 -0 and Resolution 478 -18 -R. (1) Mrs. Wasson read Ordinance 478 -6 -0, first reading, by title only. Mrs. Kavanaugh moved for adoption of Ordinance ;178 -6 -0 at first reading. Seconded Or. Emmick. It was requested that a map of this area be forthcoming. The map will accompany the notice of public hearing. Mr. Denslow assured this will be well publicized. Motion carried by unanimous roll call vote. (2) Mrs. Wasson read Resolution 478 -18 -R. Mrs. Kavanaugh moved for adoption of Resolution 478 -18 -R. Seconded by Dr. Emmick. Mr. Denslow stated this was done by petition, including the Spruce Cape area, as a result of a request to create the Mill Bay - Monashka Service Area which was initiated by the Island Lake Sewer and Yachting Club. The ordinance will establish in simplified language the details of the service district boundaries in accord- ance with the borough code. It is necessary to go through two readings with an ordinance, only one with a resolution. At the time of the second reading of the ordinance, the data of the election may be set. The Spruce Cape Residents will not be included in an assess- ment district; they must initiate such an action on their own. (The district does include Spruce Cape, but the project area does not). Mrs. Kavanaugh moved to table Resolution 479 -18 -R. Motion died for lack of a second. Motion carried by unanimous roll call vote M. Resolution 478 -19 -R Accepting Community Development Block Grant. Mr. Peotter read Resolution 178 -19 -R. yr. F:otter moved for adoption of Resolution 478 -19 -R. Seconded by Dr. Emmick. Mr. Denslow explained this was the block grant in the amount of $100,000 for electrical generation facilities in Akhiok and Karluk. Motion carried by unanimous consent. N. Resolution 478 -20 -R Appointing an Authorized Representative to Secure Federal Surplus Property on Behalf of the Kodiak Island Borough. Dr. Emmick read Resolution 478 -20 -R. Dr. Emmick moved for adoption of Resolution 478 -20 -R. Seconded by Mr. Peotter. Motion carried by unanimous consent. 0. Monthly Activities Report, January 1978. Dr. Emmick moved for acknowledgement of the Monthly Activities Report. Seconded by Mr. Peotter. Motion carried by unanimous consent. P. School District Revenue & Expenditures Report, December 1977. Mr. Peotter moved to acknowledge receipt. Seconded by Dr. Emmick. Motion carried by unanimous consent. Q. Resolution #78-22-R Vacation 6 Rcplat of All of Lot 1 and Westerly Half of Lot 2, Block 22, Tract A,.Ouzinkie Townsite, USS 4871 (Mrs. Jackie Muller). Dr. Emmick moved for adoption of Resolution 478 -22 -R. Seconded by Mr. Peotter. Motion carri.:d by unanimous consent. R. Trading of Lands - Lutheran Church, R„v. Hedman. Mrs. Wasson read the correspondence. Mr. Peotter moved that the letter be referred to the planning department and management. Seconded by Mr. Logan. Motion Barrie• by unanimous consent. 2 1 1 1 2 i r1 5 7 KIR ASSEMBLY MEETING, FEBRUARY 2, 1972 Resolution 478 -16 -R. Mrs x178 -16 -R. Seconded by consent. PAGE 8 . Kavanaugh moved for adoption of Resolution Dr. Emmick. Motion carried by unanimous K. Resolution 078 -17 -R Rzsubdivision Lots 4 6 5, Block 2, Bells Flats AK Subdivision (William Williams). Dr. Emmick read Resolution 478 -17 -R. Mrs. Kavanaugh moved for adoption of Resolution 078 -17 -R. Seconded by Mr. Logan. '!r. Mulitalo stated staff recommended approval of the resubdivision but would not file the plat until the road is completed. Motion carried 6 - with Mr. Williams abstaining. L. Resolution 478 -10 -R Setting Date for Special Election for Service District I (Island Lake Area). Mrs. Wallin requested that in preparing the packets, th::resolution be placed first, followed by the correspondence. Mr. Denslow explained that this item is in two parts, Ordinance 478 -6 -0 and Resolution 478 -18 -R. (1) Mrs. Wasson read Ordinance 478 -6 -0, first reading, by title only. Mrs. Kavanaugh moved for adoption of Ordinance ;178 -6 -0 at first reading. Seconded Or. Emmick. It was requested that a map of this area be forthcoming. The map will accompany the notice of public hearing. Mr. Denslow assured this will be well publicized. Motion carried by unanimous roll call vote. (2) Mrs. Wasson read Resolution 478 -18 -R. Mrs. Kavanaugh moved for adoption of Resolution 478 -18 -R. Seconded by Dr. Emmick. Mr. Denslow stated this was done by petition, including the Spruce Cape area, as a result of a request to create the Mill Bay - Monashka Service Area which was initiated by the Island Lake Sewer and Yachting Club. The ordinance will establish in simplified language the details of the service district boundaries in accord- ance with the borough code. It is necessary to go through two readings with an ordinance, only one with a resolution. At the time of the second reading of the ordinance, the data of the election may be set. The Spruce Cape Residents will not be included in an assess- ment district; they must initiate such an action on their own. (The district does include Spruce Cape, but the project area does not). Mrs. Kavanaugh moved to table Resolution 479 -18 -R. Motion died for lack of a second. Motion carried by unanimous roll call vote M. Resolution 478 -19 -R Accepting Community Development Block Grant. Mr. Peotter read Resolution 178 -19 -R. yr. F:otter moved for adoption of Resolution 478 -19 -R. Seconded by Dr. Emmick. Mr. Denslow explained this was the block grant in the amount of $100,000 for electrical generation facilities in Akhiok and Karluk. Motion carried by unanimous consent. N. Resolution 478 -20 -R Appointing an Authorized Representative to Secure Federal Surplus Property on Behalf of the Kodiak Island Borough. Dr. Emmick read Resolution 478 -20 -R. Dr. Emmick moved for adoption of Resolution 478 -20 -R. Seconded by Mr. Peotter. Motion carried by unanimous consent. 0. Monthly Activities Report, January 1978. Dr. Emmick moved for acknowledgement of the Monthly Activities Report. Seconded by Mr. Peotter. Motion carried by unanimous consent. P. School District Revenue & Expenditures Report, December 1977. Mr. Peotter moved to acknowledge receipt. Seconded by Dr. Emmick. Motion carried by unanimous consent. Q. Resolution #78-22-R Vacation 6 Rcplat of All of Lot 1 and Westerly Half of Lot 2, Block 22, Tract A,.Ouzinkie Townsite, USS 4871 (Mrs. Jackie Muller). Dr. Emmick moved for adoption of Resolution 478 -22 -R. Seconded by Mr. Peotter. Motion carri.:d by unanimous consent. R. Trading of Lands - Lutheran Church, R„v. Hedman. Mrs. Wasson read the correspondence. Mr. Peotter moved that the letter be referred to the planning department and management. Seconded by Mr. Logan. Motion Barrie• by unanimous consent. 1 0 1 1 2 n 5 7 KIS ASSEMBLY MEETING, FEBRUARY 2, 1978 PAGE 9 X MANAGER'S REPORT 1. Re. the request to the Governor, Department of Transportation and the legislators to consider the problems of the all- weather service requirement of Anton Larsen Road, all three have responded indicating that legislation had been sponsored for the accomplish- ment of the request. 2. Re. the Karluk situation, it has been designated a disaster area. On Wednesday, February 1st, the borough had a meeting with the Office of Emergency Services and the citizens of Karluk, representatives of KANA, the Public Health Service and the Red Cross to discuss the immediate physical requirements of the citizens of Karluk. The borough has been authorized, at Emergency Services expense, to charter a barge to deliver fuel, which was lost, to Karluk; the fuel tank was lost and upon recovery was found to be punctured. This also will be replaced. On Friday, February 3rd, the long range planning problems for Karluk will be discussed with the Department of Community 8 Regional Affairs. 3. The school construction program is on schedule as a result of the approval of the final design at a work session. It is antici- pated that the bid specs and the related documents will be advertised on February 14, 1978 with bid opening to occur approximately one month later. Most of the necessary details with reference to the land acquisition on the two sites have been worked out and the borough is in a position to fulfill all the requirement of the land agreement between the state and the borough. XI ASSEMBLY COMMENTS Mrs. Kavanaugh: 1. With reference to the minutes of the last regular assembly meeting Mrs. Kavanaugh quoted Item 3, under 'Mayor's Comments and asked how many "experts" and who as well as how many and what second class cities would be invited to attend a work session on unification. Mrs. Wallin explained that the intent was to hold a work session between the city, borough and the P & Z Commission and that it was felt that because of the impact on tha second class cities, in the event of borough and city unification, they should be invited. It was felt that Palmer McCarter of the Community E Regional Affairs, an expert, should he invited. There should be no expense except that incurred by inviting Mr. Garnett, an attorney from Anchorage, who was heavily involved in the unifi- cation of Anchorage. The second class cities are Old Harbor, Ouzinkie, Port Lions, Akhiok and Larsen Bay. Input would be invited from Karluk Afognak and the public. 2. Asked if the borough is involved, and if so how, in the Sunset Development Co. construction of the housing for the elderly. Their contention is that because of non - conformance with the building code and actions taken by former planning and zoning comissions, the building should be dismantled. Mr. Denslow explained that the borough is in receipt of a letter from the legal counsel represent- ing the person who has raised the question of the obstruction of view as a result of the Sunset Development project for senior citizens housing. The allegations in the letter do not constitute a formal law case in that they are not attempting to litigate the issue. They are pointing out what they allege to be violations of the borough code based on det:rminations of the planning com- missiio at the time the project was approved for building permit in the summer of 1976 and years prior to that when the project was in the early stages of development. The matter is under study and the letter from the attorney is under study to determine if the allegations have any merit. The building inspector has been asked to survey the building to determine if the height and siting arrangement are adequate. The report is expected next week. The letter asked that a stop order be issued until the alleged viola- tions have been cleared up. 3 . Under assembly comments feels it is not fair that any assembly member can bring an item up on the floor for consideration without it being specifically on the agenda. Considers comments and busi- ness to be two different things and would like to see the practice stopped. 1 •) 2 t tl S 7 n KIB ASSEMBLY MEETING, FEBRUARY 2, 1975 PAGE 10 Mr. Peotter: No comments Mrs. Wasson: No comments Mr. Logan: Referenced comment; to the Kodiak Mirror regarding tho borough planning powers, specifically the city airport. Feels the borough must look at the situation realistically and with the future in mind. States that the borough does have the planning powers and must plan for the future. Mr. Jack: 1. Moved to recall Ordinance t;77 -27 -0 from the table re- zoning certain lots in Blocks 12 and 13, Aleutian Homes Subdivision. Seconded by Dr. Emmick. Carried 5 -2 with Dr. Emmick and Hrs. Kavanaugh casting NO votes. It was felt there should be more dis- cussion and that the road should improved before any rezoning is done. Mr. Jack asked the official administrative position with regards to this request. Mr. Hulitalo pointed out that the matter was discussed at length at the last meeting. There is not a development plan as the developer pulled out on the day of that meeting. The assembly requires that a development plan accompany a request for rezoning; in the absence of such a plan the staff recommended two options: (a) to table the matter until the now comprehensive plan is completed, (b) turn down the request. Further discussion by staff determined that the application should be denied. Mr. Denslow stated that he concurs with the recommenda- tions of staff. Mr. Jack moved to deny the request for rezoning. Seconded by Mr. Logan. Carried 6 -0 with Mrs. Kavanau;h abstaining. Asked about a pie-shaped boroughfor recrationaleuse andpadditional reserve for education. The piece of land in question is, by designa- tion on tho map, "school reserve'' but the title is so confused that it could take a long period of time to resolve the situation. Mr. Wamser is the executive for the joint venture and the consolidated native corporation. They and the JIA have vary considerable parts in clearing the title to this land. Mr. Denslow stated he would keep the assembly up to date on what is happening in this regard. Mr. Williams: Recalled that at the meeting of January 10th the assembly moved to approve funding of $2,200 for the Chamber of Commerce for general operating expenses. It appears that the Chamber of Commerce is supporting Wien Airlines in a labor - management dispute. Feels that some of the borough funding is being used to support Wien Airlines and that one should be used to support either side in the dispute. Mr. Williams moved to rescind the action authorizing the funding of $2,200 to the Chamber of Commerce. Seconded b Mr. Jack. Motion failed 1 -6 with Dr. mmick, Mr. ac , r. Logan, Mrs. avanaug , Mr. ` cotter, an Mrs. Wasson castin NO votes. Mrs. Wasson stated she felt the Chamber was objecting to the picketing of the Tourism Fair rather than supporting Wien Airlines. The Chamber's business is tourism which is the second largest industry in the State of Alaska. It was suggested that Mr. Williams contact Mr. Boyer, director of the Chamber of Commerce, to clarify their stand on this subject. A representative from the news media said Mr. Boyer had made a state- ment including the support of Wien Airline's position on the third man in the cockpit. Dr. Emmick: Requested that the packets be better marked. 11 Xil MAYOR'S COMMENTS 1. Read a memo to the assembly regarding the decision on the mayor's vote to break a tie giving reasons for her decision to abide by the determination of the borough attorney but reserving right to veto. 2. Karluk - made sure that the assembly members had received the governor's proclamation declaring Karluk a disaster area. 3. Read a telegram received from Jermain g Dunnagan, attorneys the Grey Nuns. for Alaska Nurses Association regarding collective bargaining with ATTEST: r) 9 1 2 1 5 1 r KIB ASSEMBLY MEETING, FE3RUARY 2, 1978 PAGE 11 4. Determined that the assembly members receive the Alaska State Legislatures Committee on Resources Review noting that an appro- priation of $857,000 for Kodiak and vicinity was proposed in the governor's budget for this year; also, Port Lions in ^.s a propos•.ed appropriation of $500,007. 5. Referred to a news release concerning 19 public hearings on the Alaska recommendations for 25 to 30 million acres of state of land selections and requested that the borough administration be repre- sented at one of the hearings. Mr. Denslow pointed out that the issue is D -2 and there are no D -2 lands on Kodiak. He will check on this and decide whether it warrants the KIB attntion. ¶Ji11 check with fir. Tubbs to see if the recreation and forest lands on Afognak have a D -2 designation. 6. Will try to arrange a work session me,:ting with the repr_senta- tivo of the Lutheran Hospital and Home Society fo America on February 20 or 21, 1978 for the assembly and perhaps their attorney. 7. It was agreed to take up the request from KMXT for funds at the work session February 25, 1978. 8. Altering the borough building windows will be taken up at a work session in the near future. 9. Regarding Bill Blair's comments on the comprehensive plan, it was pointed out that the technical details of the plan are not complete. The borough has a final draft of the narrative. The first hearings have not yet been scheduled. The P 5 Z Commission will have its first hearing on the working papers on February 15th; the hearings will probably last two months :It least at the planning commission level. Requested that a memo be sant to the newspapers to check with the borough before any statement is released. tir. D_nslow will take care of this. 10. Regarding the tax study committee, it has been referred to as the mayor's committee and ,also the assembly's committe. Mrs. Wallin stated th% the committee will work hard as a group and report to the assembly. Dr. Erick moved that the tax study corunitte be declared a committee of the assembly and the mayor. Seconded by tir. Jack. Motion carried by unanimous roll call vote. XIII AUDIENCE COMMENTS No comments XIV ADJOURNMENT Meeting adjourned at 10:55 P.M. Borough