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1978-05-04 Regular Meeting) 'l 1 1 2 1 1 5 1 ,f KODIAK ISLAND BOROUGH MEETING, MAY 4, 1978 (A Verbatim Transcript Is On File In The Clerk's Office) I CALL TO ORDER The meeting was called to order by Presiding Officer James Peotter in the Borough Meeting Room at 6:35 P.M. II ROLL CALL Present Absent Mr. Edward Jack Mr. Michael Emmick (excused) Mrs. Sandra Kavanaugh Mrs. Betty Wallin, Mayor (excused) Mr. James Peotter Mrs. Marlene Wasson Mr. Bill Williams Mr. Tom Logan A quorum was established. Mr. Williams called a point of order. Mrs. Kavanaugh moved that Mr. Peotter be appointed Deputy Presiding Officer. Seconded by Mr. Logan. Motion carried by unanimous roll call vote. III ACCEPTANCE OF AGENDA Additions to Agenda: IX I Maynard NBBJ Contract Bids IX J Sawmill Circle Contract Hearing no objections Mr. Peotter declared the agenda stand as closed. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Special -April 1, 1978 B. Assembly- Regular -April 6, 1978 C. Assembly Special -April 22, 1978. Mrs. Kavanaugh moved for acceptance of the minutes of the special meeting of April 1978. Seconded by_ Mrs _Wasson. Motion carried by unanimous roll call vote. Mr. Jack moved t defer acceptance of the minutes of_April 6th and April 22nd meetings until next month_ Seconded by_ Mrs. Kavanaugh. Yoti_n carried 5 -1 with Mr. Logan casting one NO vote. V MINUTES OF OTHER MEETINGS A. School Board -March 27, 1978 B. Governing Board of Kodiak Aleutian Mental Health Center - March 8 (Special) 6 March 29, 1978 Mr. Logan moved to accept Items A 5 B. Seconded by Mrs. Wass: -. Motion carried by unanimous roll call vote. VI COMMUNICATIONS 6 APPEARANCES A. Letter regarding KEA Request for Line Extensions in KIB Rights -of -Way. Correspondence was read. Mrs _Kavanaugh moved that the request by KEA for constrsyction within the road rieti - of-way anoroved Seconded by Mrs. Wasson. In the absence cf a KEA representative, Mr. Milligan was asked to convey their feelings for the necessity of this request to extend KEA lines. Motion carried by unanimous roll call vote. B. Letter from Kramer, Chin 6 Mayo Submitting Comprehensive Regional Development Plan. Due to unforeseen circumstances, the letter was not received but the intent was to convey to the assembly the draft documents required on the draft elements cf the comprehensive plan. On April 26th at a special meeting the P 6 Z Commission approved a motion recommending that the documents be accepted and that the contractor be paid the portion of the contract due them by the KIB. It was felt that the comprehensive plan should not be accepted until the letter referenced is received. Mr. Logan moved for study the documents presented and requested that the letter be forwarded from Kramer, Chin 6 Mayo. Seconded by Mrs. Kavanaugh. Mr. Jack moved to table to the next meeting. Seconded by Mrs. Kavanaugh. Motion carried by unanimous roll call vote._ C. KANA Use Permit -Jane Petrich, Education Director for KANA. Ms. Petrich administers the boarding home program. Requester an extension of the use permit excluding the use of the house KIH ASSEMBLY MEETING, " AY 4 , 1978 PAGE 2 which se b us fo theaHea start program in the coming year. l This � domiciliary students from around the island. They do not yd for t housing appropriation, merely the extension of t;ed t next year. Mr. Lo an re uested this be placed on work session a•enda for Ma 2 th at Meets o_m :30 P.M. PM n the Assembl VII PUBLIC HEARINGS A. Ordinance #78 - 7_0 Repealing & Substituting KIB Chapter 18 of the Code of Ordinances. Mrs. Kavanau h moved for ado tion of Ordinance #78 -7_0• Seconded b !� closed; public hearing it Jack. The meeting was B pened: ' Michael of Tract o P-1 �Avand TractseB- 3oandrB-4, Bells Flats s Ak. Subdiv- quite concerned with the proposed changes of Title 18 concerning the terms and conditions of gravel leases. Stated there is a need in the community for this source of raw gravel. Felt the Borough should not be in the position of appraising this produce to make it reflect the market value; this could lead to political arbitrary decisions which might not benefit the community. Feels the Borough should put a unit price on the material in the location where it exists and to adjust the price on a five -year basis. Noted the specific sections of the proposed ordinance which should be more closely examined were listed: Secs. 18.20.050, Para. F, 18.40.070, 18.40.140 and 18.60.050, Sub -Para B & Para. F. Felt the ordinance is poorly written and there is no need to change to existing ordinance. It was explained the ordinance was rewritten because the Borough wanted to sell some land to get it into private ownership during 1 977; the existing ordinance did not permit this. Ro al Lar e: Concurs with Mr. Brechan's remarks. Distributed a etter written by himself to each assemblyman. Felt there should be more public hearings on this subject. Mr. Milli an, planning director: stated that the Borough attorney ha ha •n able to complete his review and comments on the revisions to the ordinance and his recommendation was to table the ordinance or hold the hearing over. Public hearing closed; regular meeting reopened. Mrs. va_augh moved to table Ordinance #78 -7_0 until the next re•ular meetin Seconded by Mr. Jack. Motion carried with Mr. Lo an and Mr. Williams cam NO votes. Mr. Williams moved that Ordinance 7 - -0 be laced on the t able. Declared out of order. B. KIB HUD Community Development Block Grant Application. Mrs. Kavanaugh read memoranda dated April 27 and May 2. 1978. Mr. Peotter read a memorandum from the clerk regarding a tlelphone conversation with Dennis Murray in which he stated the Minutes of April 22. 1978 referred to the Senior Citizens request for HUD monies to "provide the cost of a sidewalk ". The original request was for "street improvements which include storm drains, asphalt paving, curbs and sidewalks ". Mr. Murray requests a change in the minutes and in the request for HUD funds to reflect improvements requested originally. Mrs. Kavanaugh moved to chan•e the .rea..lication to a sin le .ur.ose _rant and ask for all the funds necessar to com.lete the six .ro ects. econded by Mr. Logan. Regular meeting closed; pub Sc hearing opened. Cral Bisho : Asked how these requests came to be included in the lock Grant. It was explained that there are six separate requests; these people came before the assembly and asked to be included in the preaopllcation. These included requests for generating power in Old Harbor and Ouzinkle. This is the second public hearing. The six villages opted not to apply for these funds individually. It was pointed out that 1 1 , 2 1 6 KIB ASSEMBLY MEETING, MAY 4, 1973 PAGE 3 that the actually generation of power is not being subsidized but that the funds are necessary to set up the generation plant and lines initially. Mr. Delgado: Stated he had not understood that the villages could apply for these funds themselves and that the funds received through the Borough could be used as they see fit. Mr. Widom, City Manager: Stated the City is applying for cne million dollars in grant funds over a three -year period. Felt the Borough cannot apply for HUD funds for the City of Port Lions for sewage treatment plant tut for an engineering study for the treatment plant, also that the Borough assists the second -class cities in applying for these grants as they are not equipped to do so themselves. Mr. Widom stated it is his opinion that the Borough should limit most of the grant monies to the service of the Kodiak area not the villages and that the Borough should investigate the powers it has and its ability to apply for federal grants. Dodd Shay, Onion Bay: Was of the opinion that Port Lions had made a good case for their request and is in favor of their request being granted. Public hearing closed; regular meeting reopened. Mr. Milligan stated for a single purpose grant there is no ceiling for amount of the grant monies. It was explained that the only double request between the City and the 3orough is for the Headstart Program to better insure that they will get suf- ficient monies to take care of their neeis. The City did not include the street and sidewalk improvem requested by the Senior Citizens. Mr. Peotter stated there would be less money available under a one -year program than under a three -year comprehensive program. It was stated that it is doubtful that the KCA request would come under this grant. Mr. Milligan explained that if HUD decides against the comprehensive pro- gram it would automatically become a single purpose program. Mrs. Kavanaugh moved to amend the motion to change the singie purpose program giving Ouzinkie Electrical $60,000, Old Harbor $40,000, Headstart $20,000, Port Lions $30,000, and Senior Citizens Street Improvements $70,000 for a total of $220,000. Seconded by Mr. Williams. Mr. Brechan stated that unofficially $70,000 is a realistic figure for the Senior Citizen request. Mrs. Kavanaugh moved to amend the amendment to prioritize, priorities being: 1 Headstart, 2. Port Lions, j. Senior Citizens, 4. Ouzinxie and g. Old Karbor. Seconded by Mrs. Wasson. Mr. Logan and Mr. Jack felt that the request should n bee prioritized. Amendment to the amendment failed 2 -4 with Mr. Jack, Mr. Logan, Mr. Williams and Mrs. Wasson casting NO votes. Amendment carried 5 -1 with Mr. Jack casting one NO vote. Main motion carried by unanimous roll call vote. A five - minute recess was declared at 8:10 P.M. Item VII A continued Mr. Williams moved to remove Ordinance #73 -7 -0 from the table. Seconded by Mrs. Wasson. Mr. Peotter explained that the motion is in order as his prior ruling was in error. Motion carried 5 -1 with Mrs. Kavanaugh casting one NO vote. Mr. Williams moved that Ordinance #78 -7 -0 be amended as follows: Secs. 18.30.050 A, 18. 0.050 B, 18.40.020 18.40.060 18.40.110 A, 18.0 0.110 B, 18:4 A, 18.40.140 and 18.70.020 as set out in Memorandum dated April 24, 1978 from Dale Tubbs and Stu Denslow. Seconded by Mr. Logan. Mr. Williams moved to amend the motion to continue the public hearing until the next Scheduled meeting. Seconded by Mr. Jack. Mr. Williams, with the consent of the second withdrew the amendment to continue the public hearing until the next scheduled meeting. The motion to amend Ordinance #78 -7 -0 carried by unanimous roll call vote. Mr. Williams moved to amend the motion on the floor to continue the public hearing until the next regular scheduled Borough meeting Seconded by Mr. Jack. Motion 1112 1 5 1 7_ KIS ASSEMBLY MEET:, 7•1AY 19 carried by unanimcs roll pall 7011 . C. Suggestd Keadar< rolanj h000Loal. Y.rs. Kavanaugh explained oho had P 't ca 11 :n eme i:.cda as it woe felt since the Grey juns had t •o En and saroad the community for so many ya.7s, tray shcc:L! hac so h_ ccr: of tribute t: their service and dcdicaticn *': X2.i' :h 00vHi t:lat there should be a tribute to 7h..: 42C,7 :h03 07 c:nahinz th: hospital :no naming the now extended cttcc wing lo en_ir h Seconded • by . Jack. Several names ;sere siggested for n?naming the hospital or naming the extended care wing fsr Fas.ci, 2h 111ai'y or the Grey Nuns. Mr. Loro.a:e moved co table the Item stntil after a whrk. session. Neebtit; ro,b11: eccre..d. Dodd Shay: Sig!:heri Craig Bishop: Su,ggesced placing a - plaque in -te hospital honoring all the Grey Nuns - oathen than racing the hospital. Closed public hearing; reopened regulur meetin Mr. Jack moved as a substitute motion that a Plaque dedicating the new wing to all the Grey Nuhs be plaoed in the hoopital. ir. Logan seconded. Motion carried by unanimous roll cail vote. Mr. Williams called a point of order stating that the substitute motion has been placed in position of the mein morton. :lain motion carried by unanimous roll call vote. VIII DLD BUSINESS None IX NEW BUSINESS A. Resolution e7E-37-H E. 'n: tr Let Line of Lots 271 & 27B and 11 font ;SY 3 09 a Replat to Lot 27, USS 3098 (Crait Btshoo) er IHa,1 Resolution #7 by title only. : KavenL,Th fcr adeption of Resolution Seconded ho •rs. 7 :1esoon. Mr 1 .illigan explained that there is a ten foot ease_:ent ryni;:g IL.01 the cehamon property line of these lets sr-p7id1ns: a 111 ::::37 access 72 the East Elementary Scho^1. Mr. Crilo resp.:esred, it the suggestion of the superintendent Q.: SCh:71:3 the.: 3 o.:1 foot easement be pro- vided for a - ;:alkway along the sci:th pnn rty line. This eaae- tent on the south would be n sat tack 7:1,•] could be used as a parking area at some future time. :h 1oek amended the motion tallaithe walkway on etc - south eiae. of Mr. bishop's lot lineAthe final Yeeaticn end :1r. Williams expressed a desire to see a final plat. '1otipn died for lack of a Ar. Lo MC7C.i return (2(1±3 to the olannino,' department to make corroction.o, return ni the assembly and include the plat. No action'•es taken T: there was a motion on the floor. Motion failed 1-5 with hz. Jack Mr. Logan, Mr. Peotter. Mrs - iass7n pasting NO votes. Mr. Logan moved to retu the Latter to The niPnning department for corrections designation the walkway for the school, return to the assembly and include a cony of ci.t clat. Seconded by Mr. Jack. it :as coir.ted out that delavLng action for a:month would put a hardship on the develPrier and that it was not his fault that this happened in the first p11ce. Mr. Bishop stated he has no quai:os toward ziving a tLn-foct easement along the south side of the property but requests that it be limited to a walkway easement. Itn. Logan, with the consent of the second, withdrew the motion. S.ir WiLliams Paved to aoorove Resolution #78-37-R with the foilowinr stio that the existing eAlengLIJ.ccated on :he Properties be moved to the south side boundary on the final plat pribr to submission for recordlnp. Seconded by Mr. Logan. It s, .:ava:aut,:h stated she could not see the reasoning f:r the eaoemeh: since the property is so near the school. Motion carr sc!th io,rs. Kavanaugh casting one vote. 1 1 1 2 1 5 1 RIB ASSEMBLY MEETING, MAY a, 1978 PAGE 5 B. Resolution #78 -3E -R Subdivision of Lot 4, Block 7, Bells Flats Ak. Subdivision (Herbert L. Stickney). Mr. Peotter read Resolution #78 -38 -R by title only. Mrs. Kavanaugh moved for adoption of Resolution #78 -38 -R. Seconded by :It's. Wasson. Motion carried by unanimous roll call vote. C. Resolution #78 -39 -R Endorsing Cooeerative Endeavor with Federal -State Land Use Planning Commission. Mr. Peotter read Resolution #78 -39 -R Providing for Concept Approval by the Kodiak Island Borough to Participate with the Federal -State Land Use Commission in a Southcent.al Pilot Demonstration Program Toward Implementation of a Statewide Data Management System Utilizing the Costal Zone Management Program. Mr. Jack moved for accept- ance of Resolution #78 -39-R. Seconded by Mrs. Wasson. Mr. Milligan stated there would be no cost to the Borough for this. Mr. Logan stated he felt the government is getting too big and is not in favor of this. Motion carried 4 -2 with Mrs. Kavanaugh and Mr. Logan casting NO votes. D. Amendment to Ordinance #78 -8 -0 Sec. 7.207 Insurance Coverage - Private Automobile Usage. Mr. Peotter read Ordinance #78 -8 -0 Amending Sec. 1207 (d) of the Kodiak Island Borough Personnel Rules and Regulations by Deletion and Substitution by title only at first reading. Mr. Jack moved for acceptance of Ordinance #78 -8 -0. Seconded by Mr. Logan. As this would increase the amount of insurance the Borough would pay, Mr. Kavanaugh felt the ordinance should be defeated at first reading; recom- mends further discussion with the insurance companies and the employees. Mr. Peotter stated he had discussed this with Mrs. Wallin and she concurred with Mrs. Kavanaugh's statements as did Mr. Peotter. Mrs. Kavanaugh moved tc table Ordinance #78 -8 -0. Seconded by Mr. Logan. 'lotion carried by unanimous roll call vo` E. Audit Report from Kodiak Island Hopital. Me. Logan mover' for acknowledgement of receipt of the audit report. Seconded by Mrs. Kavanaugh. Motion carried by unanimou„ roll call vote. F. Financial Statement March 1978. Mrs. Kavanaugh moved for acceptance of the financial statement for ?'.a_ch 1978. Seconded by Mrs. Wasson. i..s. eee,anaugh stated that at cne tine there had been a motion passed by the assembly that any account going over limitations should be approve;: by the assembly and that approvals have not been given for those currently over limitations as listed. Motion carried by unanimous roll call vote. Mrs. Kavanaugh moved that any items in the financial statement for April for any amount that is over - expended in the budgeted amount should have a written explanation to accompany the financial statement. Seconded by Mrs. Wasson. Mr. Williams slated he felt that most of the instances -re a result of actions the assembly had taken and that this pro- cedure would not be necessary. Mrs. Kavanaugh pointed out the - any actions that were token '_y the assembly are noted on the statement by asterisks. Mr. Williams cited the new land ordinance as an example for his statement. Motion carried 4 -2 with Mr. Logan and Mr. Williams casting NO votes. G. School District Report of Revenues & Expendures March 1978. Mrs. Kavanaugh moved to acceoance of the School District Report of Revenues & Expenditur_s ??arch 1978. Seconded by Mrs. Wasson. Motion carried by unanimous roll call vote. H. Monthly Activities Report April 1978. The report was in- complete and not submitted. I.. Maynard NBBJ Bid Opening. Mr. Milligan explained that he had learned after 5 o'clock he had learned by telephone that the funds for these contracts are available; counsel had advised the bid awards - ' made if qualified with the statement that si - of contracts be done only after receipt of written notification of the availability of the funds. r1 1 1? 1 5 1 KM ASSEMBLY MEETING, MAY 4, 1973 PAGE 5 The bid awards could be made with these qualifications or could be deferred until receipt of the written confirmation. Mrs. Kavanaugh moved to set a scecial session when the figures are received in writing to award tae I for . ica lotion died . lack of ^ ? a second. Mrs, Kavanaugh moved that the bid awards be made on the condition that they not be signed „rril word cones j writing that the full amount is available. Seconded by ; ?r. Logan. Mr. Milligan stated that the money was available but at the moment there was no fixed amount. The figure was for the low bidder. The amount should be the total combined bid with the alternate the individual amount. Motion carried 5 -1 with Mrs. Kavanaugh casting one NO vote. Mr. Logan moved to: award the bid for the combination Cid Harbor and Port Lions. -tte schools to J. B. Warrack, the low bidder. Seconded by Mrs. Kavanaugh. Motion carried 5 -1 with :ors. Kavanaugh casting ore NO vote. J. Sawmill Circle Contract. firs. Wasson read the correspondence. Mr. Logan moved for acceptance of the contract as presented. Seconded by Mrs. Wasson. Mr. rilligan explained that the Borough will be reimbursed by the State in this amount for the design. The Borough Engineer will do the design work. Motion carried by unanimous roll call vote. These monies will probably come out of the 146.04 account and will be reimbursed by the State of Alaska. X MANAGER'S REPORT Mr. Milligan reported 1. receipt of a letter from the Local Boundary Commission stating they had scheduled a public hearing May 20, 1978 at 7:00 F.M. in the Borough Assembly Chambers to consider solution to the question as to who should provide services to the greater Kodiak urban area, one solution being annexation; and 2. announced there would be a bid opening on May 10, 1978 for the hospital vehicle. XI ASSEMBLY COMMENTS Mrs. Kavanaugh: Reserved comments until after Audience Comments. Mrs. Wasson: No comments. Mr. Logan: Moved to send a resolution to Juneau to the House of Representative and the Senate the the XIS requests they do not pass the unemployment compensation bill in increase from $84.00 a week high to $200.00 a week high. Seconded by Mrs. Kavanaugh. Motion failed 3 -3 with Mr. Jack Mr. Peotter and Mr. Williams casting NO votes. It was suggested this be discussed at a work session Mr. Jack: No comments Mr. Williams: No comments Mr. Peotter: State the minutes have become too detailed and read more like a transcript of the meetings. Feels the minutes should contain the intent of motions, intent cf action taken and the actual action taken. The tapes are kept for the use of anyone who wishes to listen to them. Mr. Peotter, as an assemblyman, moved to direct the clerk to reduce the volume of the minutes; they should include the intent of motions, intent of actions taken and the actual action taken. Seconded by Mrs. Kavanaugh. Mr. Williams s - vested the minutes be headed to state they are "substantial ".inutes and the trans- cript is available ". Motion carried by unanimous roll call vote. XII MAYOR'S COMMENTS Mr. Peotter read a memorandum from e nayor stating 1. had received a letter from Connie 'Wasslnk to confirm the date of May 30 at 7:30 P.M. of a public nearing regarding OCS #55; and 2. had had an impressive tour of the urger treatment plant and felt the citizens of Kodiak should c_ very proud. n 1 1 2 1 5 2 n KIB ASSEMBLY MEETING, MAY 1 , 1978 PAGE XIII AJDIENCE COMMENTS Mike Brechan: Asked when the public hearing was held on Ordinance #78 -7 -0. It was explained that the first reading, not public hearing, was April 6th and the second reading and public hearing was held at this meetins (May 4th) with a continuation of the public hearing to June 1st. Mr. Peotter explained this ordinance will be discussed at the work session of May 20th and that these are open to the public. Mr. Brechan stated he would send a copy of his presentation on Item VII a to the clerk. XI ASSEMBLY COMMENTS (Continued) Mrs. Kavanaugh: 1. Asked why there were no P & Z minutes in the packets. Mr. Milligan stated that the minutes of the regular meeting in April are the only ones not received. 2. Asked why there were no zoning items on the assembly agenda since the moratorium on rezoning had been lifted at the April 6th meeting. Mr. Milligan stated these zoning items have been publicly advertised and will be on the P & Z agenda for the May 17th meeting. 3. Moved to call an executive session to discuss personnel and finances. Seconded by Mr. Logan. Motion carried by unanimous roll call vote. Mr. Peotter called a five - minute recess at 9:40 P.M. to reconvene in executive session. Regular meeting reconvened at 10:30 P.M. Mrs. Kavanaugh moved that an executive session be scheduled with the assembly, borough mayor, borough manager and the chairman of the personnel board cn May 13th at 9 :00 A.M. in the conference room. Seconded by Mrs. Wasson. Motion carried by unanimous roll call vote. XIV ADJOURNMENT The meeting was adjourned by Mr. Peotter, presiding officer, at 10:36 P.M. ATTEST: �j " Borough C.° easurer Bough Mayor Act i�tg V