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1978-06-01 Regular Meeting1 1 1 1 1 1 5 1 1 (A Verbatim Transcript Is On File In The Clerk's Office) KODIAK ISLAND BOROUGH MEETING, JUNE 1, 1978 I CALL TO ORDER Mr. Williams moved to appoint Mrs. Wasson temporary_chairman. Seconded by Mr. Jack. Motion carried by_ unanimous voice vote. The meeting was called to order at 6:37 P.M. by Acting Presid- ing Officer Wasson. II ROLL CALL Present Ur. Michael Mr. Ed Jack Mrs. Sandra Kavanaugh Mr. Tom Logan Mr. James Peotter (arrived Mrs. Marlene Wasson Mr. Bill Williams Mrs. Wallin, Mayor Emmick (arrived 8:15 P.M.) 8:10) Absent (arrived 8:00 P.M.) III ACCEPTANCE OF AGENDA Mr. Williams moved that Item VI C be changed to Item IX L (in order to have the balance of the assembly .present). Seconded by Mr. Jack. Hearing no objection the chair declared the motion carried_ The chair declared the agenda closed. IV MINUTES OF PREVIOUS MEETINGS A. Assembly- Regular -April 6, 1978 B. Assembly- Special -April 22, 1978 C. Assembly- Regular -May 4, 1978 Mr. Logan moved to accept the minutes, in a group, as presented. Seconded by Mr. Jack. Hearing no objection, the chair declared the minutes accepted_3s _presented. V MINUTES OF OTHER MEETINGS A. School Board -April 24, 27 (Special) May 8 6 22, 1978 B. Personnel Board -April 24, 1978 C. P 6 Z Commission -April 26 (Special), 19, 20, May 15 6 16, 1978 D. O.E.D.P. -April 4, 11, 18, 25, May 2 6 9, 1978 Mr. Logan moved to acknowledge receipt of the minutes of other meetings, in a group. Seconded 12/ Mr. Jack. Hearing no object_ tion, the chair declared the minutes acknowledged. VI COMMUNICATIONS 8 APPEARANCES A. 0.E.D.P. Appointments. Dr. Emmick moved to defer until the arrival of the mayor. Seconded by Mr. Logan. Hearing no obiection, the chair so ordered. B. Transfer of Beverage Dispensary - Beachcombers, Inc.; P. Eta C. LeGrue, VP: Henry J. LeGrue, S -T: William Bishop; Mission Road Kodiak FROM: Eta C. LeGrue 6 Henry J. LeGrue. Mr. Williams read the correspondence. Mr. Logan moved to voice no objection. Seconded by Dr. Emmick. Nearing no objection, the chair so ordered. C. Deferred to Item IX L. VII PUBLIC HEARINGS A. Ordinance #78 -7 -0 Repealing 8 Substituting KIS Chap. 18 Code of Ordinances (Continuation) Deferred until after Item VII B. B. Ordinance #78 -8 -0 Sec. 1207 Insurance Coverage- Private Automobile Usage. Dr. Emmick read Ordinance #78 -8 -0. Regular meeting closed; public hearing opened. No comments. Dr. Emmick moved to go into executive session to consider this personnel matter. Seconded by_Mr. Jack. Hearing no objection. the chair so ordered. Recessed to executive session with representatives of local insurance agencies. Public hearing reopened at 7 :15 P.M. Public hearing closed; regular meeting reconvened. Dr. Emmick moved for'deletion of Sec. 1207 PAGE 2 J KIB ASSEMBLY MEETING, JUNE 1, 1978 Seconded by Mr. Logan. ;lotion carried by unanimous roll call vote. Mr. Logan moved to authorize the manager to reimburse Mr. Haney and Mrs. Berestoff for the inconvenience caused them with the original Sec. 1207. Mr. Logan withdrew his motion. Mr. Jack moved to authorize the manager to reimburse Pr. Haney and Mrs. Berestoff for the insurance obtained under this section which has since been deleted. Seconded by Mr. Logan. Motion carried by unanimous roll call vote. A. Ordinance 878 -7 -0. (Continuation) Mrs. Wasson opened the public hearing. Dale Tubbs: Presented a revised ordinance #78-7-0 for Chap. 18 which had been reviewed by the borough attorney. Also a letter was presented listing the major changes as well as items that were added or deleted at a May work session. One major change relates to negotiated leases on lands that have been conveyed to the borough from the state. A comparison of the existing ordinance for borough leases, 18.68, with the proposed material sale ordinance, 18.60, was presented. Many details are left to the discretion of the administration in determining what is best for each sale. Fair market value and the possibility of increased gravel prices in the event the sites are moved to the Roslyn Beach area were discussed. Mike Brechan: Objected to having to have a leasehold as well as a contract for removing gravel. Would prefer a longer term lease. Stated there is no competitive market here at present. Mrs. Wallin assumed the chair at 8:15 P.M. Suggested the adoption of the ordinance with the exception of Sec. 18.60 which could be referred to a study session. Joe Spring, Felton Construction: In reference to 18.60 is con- cerned with renewal clauses of existing leases. Sec. 18.60 addresses material sales only. New leases would have to come under the new ordinance. Concurs that the Bells Flats area is the only economically feasible area at present. Royal Large: Questions the wisdom of the old ordinance with regard to acreages. Lutena Mulitalo: Stated he felt Sec. 18.40 contradicts Sec. 18.60. Mr. Tubbs explained that 18.40.090 is only for leasing the lantr for a particular use, not to remove commercial quantities of gravel or timber which is covered in 18.60. Many matters relating to a lease are left to the judgment and discretion of administration as each individual case demands. Public hearing closed; regular meeting reconvened. The main motion of May 4th as amended was read. A five - minute recess was called; meeting reconvened. Mrs. Kavanaugh withdrew_hec_ motion with the consent of her second. Mrs. Kavanaugh moved for ad yrinn of Ordinaanre #78 -7 -0 eliminating.jer. 1 8. §D. Seconded by Mr. Peotter. Motion carried 6 -1 with Mr. Wilms casting one NO vote. _ VIII OLD BUSINESS A. Letter from Kramer, Chin 6 Mayo Submitting Comprehensive Regional Development Plan. Mrs. Kavanaugh moved to acknowledge receipt of the Comprehensive Regidnal Development Plan. Seconded b y Mr. Logan. Motion carried by unanimous roll call vote, VI COMMUNICATIONS 6 APPEARANCES A. O.E.D.P. Appointments. Mrs. Wallin stated the scope of work done by the O.E.D.P. people has been completed with nothing remaining until September or October. She will restructure the committee and make appointments in the fall. So ordered. KIB ASSEMBLY MEETING, JUNE 1, 1978 PAGE 3 IX NEW BUSINESS A. Resolution #78 -40 -R Subdivision of Karluk, Final Plat Approval. Mr. Denslow pointed out this has reached the final stages. The plat has been reviewed by the P & Z Commission and the village and they recommend approval. Mr. Milligan stated the citizens of Karluk had decided on a new village relocation site this past January of both the existing old and new villages, which includes 23 new homes to be built this year. Mr. Milligan explained there is access to the new location from the beach side and other roads will be finalized later. Mrs. Kavanaugh moved for adoption of Resol= ution #78 -40 -R. Seconded by Mr. Peotter. Motion carried by unanimous roll call vote. B. Resolution #78 -41 -R Subdivision of Lot 48, Block 4, Bells Flats AK Subd. (Vincent Smith). Mrs. Kavanaugh moved for adoption of Resolution #78 -41 -R. Seconded by Mr. Lgggn. Motion carried by unanimous roll call vote. C. Resolution #78 -42 -R Adopting O.E.D.P. Program. Mrs. Kavanaugh moved for adoption of Resolution #78 -42 -R. Dr. Emmick moved to amend the Resolution to clarify certain items tJ3at seem to be in error: 1. to indicate that the fire station in Mill Bay area is the KIB fire station No. 1, and 2. indicate that the KIB sponsor the Pillar Mountain proiect. Seconded by Mrs_ Kavanaugh. Motion carried by unanimous roll call vote. Main motion carried by unanimous roll call vote_ Main motion seconded by Mr. Peotter. D. De a cent Personal Property Taxes for the Years 1975 and Prior. Mr. Denslow stated he had investigated the code which has not been adhered to and a resolution is not necessary. He suggested three ways to handle the matter. Mrs. Kavanaugh moved that in view of the fact there are approximately $17„0.00 in delinquent taxes, the delinquent taxpayers names and amounts be turned over to a collection agency. Seconded by Mr. Jack. With the consent of the second, Mrs. Kavanaugh added that for the year 1976 and after, the office be directed to follow the code. Motion carried 6 -1 with Mr. Logan casting one NO vote. E. First Reading, Ordinance #78 -9 -0 Contract Close -Out Budget Adjustment, Grey Nuns of the Sacred Heart. Mrs. Kavanaugh read Ordinance #78 -9 -0. Mrs. Kavanaugh moved for adoption_at first reading of Ordinance #78 -9 -0. Seconded by Mrs. Wasson. Motion carried.by unanimous roll call vote. Mrs. Wallin called an executive session for personnel matters. Mrs. Kavanaugh moved for an executive session. Seconded by Dr. Emmick. Motion carried by unanimous roll call vote. Executive session called 9:15 P.M. • regular meeting resumed at 10:15 P.M. Mr. Peotter moved to report that as a result of the executive session the personnel matter and discrgpancy had been resolved. Seconded by Mrs. Kavanaugh. Motion carried by unanimous roll call vote. F. First Reading Ordinance ,#78 -10 -0 Rezoning Lot 18, Block 2, Russell Estates, 2nd Addition, USS 1396 from Unclassified to R -3 (Gerald Gudenau). Mrs. Kavanaugh read Ordinance #78 -10 -0 Mrs. Kavanaugh moved for adoption at first reading of Ordinance #78 -10 -0. Seconded by Dr. Emmick. Motion carried 6 -1 with Mr. Logan casting one NO vote. G. Architectural Proposal for Study of Main /Junior High School. Dr. Emmick read the correspondence. Dr. Emmick moved for acceptance of the Maynard NBBJ proposal. Seconded by Mrs. Wasson. Mr. Denslow stated this is the result of a year long evaluation. Motion carried 6 -1 with Mrs. Kavanaugh casting one NO vote. H. Hospital Vehicle Bid Award. Mr. Denslow reported on the invitation to bid. It was stated that the services of this KIB ASSEMBLY MEETING, JUNE 1, 1978 �_ LL contract are to be the same as offered the Grey Peotter moved to rant the bid award to Kodiak "otor, Seconded by Mr. Jack. Motion carried 6 -1 with Mrs_ Kar castinp one '!0 vote. - -- I. Financial Statement April, 1978. The matter of pe was discussed. The borough pays 575.00 per day to those w. are members of state commissions but are only reimbursed it the amount of $50.00 by the state. Mrs._ Kavanaugh moved th an v monies that are expended over what the borough ys reimb should be paid back to the borough_ :lotion died for lack o_ second. Mr. Peotter moved that it be established polio, frc this day forward d that anv time the borouv appointed to an v state commission and granted diem fat any per diem paid by the borough be only in the amount c the Per _ �m� ranted by the State of Alaska_ Seconded by_Mrs. Kavanaugh Mr. Williams moved to table the matter until after the budget. Seconded b Hr. Jack. Motion carried 6 -1 with Mrs. Kavanaugh casting one NO vote_ Dr Emmick moved to acknowled a recei t of the financial statement. Seconded by Mr. Logan Motion carded b unanimou role ca>> rote, J. School District Report of Revenues & Expenditures April, 1978. Mrs. Kavanaugh moved to ack W School District Report of Revenues BExpenditurestthe April, 1.978. Seconded by Mr. P - e _ -- otion carried M by unanimous roll call vote. - K. Monthly Activities Report May, 1978. 'rs. Kavanaugh moved for acceptance of the Monthly Activities Report for May, 1978. Seconded by Mr. Peotter. Motion c arriedby_unanimous roll . call vote. L. (Changed from VI C) Letter from Planning Commission regard- ing Bells Flats /Russian Creek Industrial Reserve Lands. Mr. Williams read the correspondence. Mr. Williams moved the_pro- cess for rezoning be initiated by the borough_and a putlj hearing be scheduled at the regular meetin g in July. Se _ y_Mr. Jack. Dr. Emmick stated that since the property in� question is owned by the borough, the only solution would be by referendum directly from the people. Motion failed 2 -5 with Dr. Emmick Mr. Jack Mrs. Kavanaugh „ Mr_Logan and_Mr. Peotter asting :QO votes. Mr. Williams moved for reconsidera- tion and enter on the minutes. Mr. Logan moved that any recommendation of rezoning of Tracts Subd. be onl b o of e ent i r E B Bells Flats AK e t election. Motion died forlackofasecond� ugh at a general Mr. Peotter was excused at 10:50 P.M. X MANAGER'S REPORT 1 . Announced the conclusion of the process of signing contracts with J. B. Warrack for the construction of high schools in Port Lions and Old Harbor. Complimented Dr. Emmick for his lobbying in behalf of the borough for extra funds to bring the level of funding up to the low bid. 2. Reported on the request of staff to study the road proposals of Sawmill Circle 5 Lakeview Drive, Service Roads and Trails Program. The deciding factors are: a. Sawmill Circle Road is populated and, b. Lakeview Drive is not populated. Sawmill Circle Road would serve the most people immediately. Mrs. Ka au gh mov d that the contract for Service Roads and Trails indicate the work be done on Sawmill Circle this year seconded bMrs• Wasson Motion carried by 3. Circulated cos of a unanimous rot? call Daniel Konigsberg q Pgetition submitted to the XIS from re uestin consideration of formation of a committee to evaluate and deal with problems resulting from in- descriminate discharge of firearms in the urban areas of KIB. Stated there is not a code dealing with firearms but there is one dealing with fireworks. It was suggested that warnings relative to this situation be placed in the newspapers. Mrs. KIB ASSEMBLY MEETING, JUNE 1, 1978 PAGE 5 Kavanaugh moved that a committee of five be set up at the next meeting of the assembly to discuss restrictive mealurga on_ discharge of firearms within the urban areas of KIB. Seconded by Dr. Emmick. Motion carried 4 -2. with Mr. Jack and :Ir. Logan casting NO votes. It was the consensus of the assembly to continue beyond the 11:00 P.M. cut -off time. 4. Presented a schedule for budget procedures and requirements. Stated the bid openings for the hospital manager's residence would be June 8th. Work sessions on week days would be from 6:30 to 9:30 P.M.. Mr. Logan moved to accep the daatea_of June 7th and 13th for work sessions, the work session June 17th at 9:30 A.M. going into a special meeting at 2:00 P.M., special meeting at 6:30 P.M. June 28th. Seconded by Dr. Emmick. Motion carried by unanimous roll ca l2_snf, 5. Announced OCS materials are in the information drawers. Stated technical documents must be available by June, 1979. Mr. Milligan: Stated the Department of Transportation would hold a public meeting at 8:00 P.M., Monday, June 5, 1978 to unveil the master plan for the state airport. XI ASSEMBLY COMMENTS Mrs. Wasson: :Done Mr. Logan: 1. Requested that a record be kept of who delivers plats to the Clerk for filing. 2. Felt the priorities should have been different in the O.E.D.P. plan; KIB should give more help to the second -class cities in the future. 3. Felt that everyone would be affected by an increase in gravel costs should the site be moved farther out than Bells Flats and that the citizens of the borough should have a vote on this. Mr. Jack: None Mr. Williams: Felt that the borough could not enforce its ordinances nor could they follow them. Criticized the borough's handling of the petition and commended the City for its handling of the annexation public hearings. Hr. Jack pointed out that there had been extensive hearings on this petition for rezoning at the P 8 Z level. XII MAYOR'S COMMENTS 1. Reaffirmed that the comprehensive plan documents were received by the assembly, not approved by them. There is more input to be made. 2. Stated she felt that woody Island would need a school this coming year as there will be approximately 20 pupils. 3. Stated that Chiniak will be definitely opening with an estimated 50 families by September. 4. Chiniak has been designated as the Job Corps Center for the State of Alaska. Requested that a resolution be drafted on behalf of KIS endorsing the concept of Chiniak asthe site of the Job Corps Center for the State of Alaska. There will be approximately 250 to 300 youths there for training. Mr. Loa an so moved_ Seconded b Dr. Emmick._ by unanimo l roll call vote. Y 11.oti�n ',carried 5. Stated there is a member of the staff on a special assign- ment to work on borough and budget items; asked if this increased the salary. Mr. Denslow stated it did not increase the salary and is part of the capital improvements program. XIII AUDIENCE COMMENTS Dave Woodruff, representing Norm Ursin, Sr. of Ursin Seafoods: ea letter of June 1, 1978 with reference to the development of Lot 19, Block 18, USS 1837 requesting property for a ware- house and /or a bunkhouse building by a long -term lease, out- right purchase, or if permitted by law, to put the property up for public auction or sale by sealed bid at the earliest KIB ASSEMBLY MEETING, JOIE 1, 1978 PAGE 6 possible time. The communication was acce ted and referred to administration to work out with fr._ Tubbs. Iva�om, City Manager: 1. with reference to O.E.D.P. Program, asked for an explanation of the changes in the sponsorship of priorities. Dr. Emmick explained that the fire station is in the borough and the planning processes are borough functions. It was pointed out that the fire station was submitted by both the borough and the city. Mr. Widom stated that the burden of the Pillar Mountain study is on the back of the city not the borough. 2. Read the list of parties that received copies of the Pillar , Mountain study. Fears the city will lose funding if this is the responsibility of the borough. 3. Asked that he be appointed to the O.E.D.P. Committee as a government representative. resructr thewhole committee s in SJ September tor Octobernandowilltmakeuthe appointments at that time. 4. Referred to Page 5 of the Boundary Commission report regarding ead fromAlaskaoStatesStatutes, Pagee96, boats. A Kodiak tax on sked that the boroughamake someochangespregarding the taxation of boats. It was pointed out that this is being covered by the tax study group. 6. Referred to Resol. 977_28 -R, Steen 8 Matlock. Stated the city has not signed the plat even though it has been filed. It was stated that no one can occupy these units until everyone has signed the plat and the occupancy permits will be issued by the city. Ton Perez: Stated that earlier in the meeting the borough was con ronte with the request for a piece of property and suggested that the other properties that the borough might have in excess be put up for sale at this time to alleviate the land situation in the community. 1 XIV ADJOURNMENT The meeting was adjourned by Mayor Wallin at 12 midnight. ATTEST: r '1 1 2 • er /Treasurer 1 1 5 2 s,