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1979-01-12 Regular MeetingS•ODIA.K ISLA rD COROUGT ASSEMBLY ••7ETI'G- JjV7UAr9 12. 1979 (A Verbatim Record is m File in the Clerk's r I CALL TO ORDER Office) The meeting was called to order by 'ayor Betty J. Wallin at 6:30 P.M in the Assembly 'eeting Room. II ROLL CALL Present Lchael Emmick (Arr. 6:35)� `r. William L. Fearn Ur. Lrnold T. Hansen Hr. Edward Jack Mrs. Sandra Kavanaugh Mr. Jan Ogg Hr. James Peotter Mrs. Betty J. Wallin, Mayor A quorum was established III ACCEPTANCE OF AGENDA Added: VI COMMUNICATIONS 6 APPEARANCES E. Annexation F. Letter from Chamber -of Commerce IX :7EW BUSI'Ess H. 1st. reading Ord. g79-3-0 O rganization of Personnel 3oard I• 1st Reading Ord. '79_4_0 Duties of Personnel Board Nrs_. Kavanau ad gh_moved_for acce t ion _ of_E and F under V a ante' the agenda with the hr. Pe • Hoti I and id m Z under_IX. arrled b unanim ell $..cQnded.by IV HINUTES OF PREVIOUS 'T 1 vote. A. Assembl P S y -S B. Assembl Dec emb ec ember 6, 1978 Hrs. K_ y- Regular- December 7, 1978 nau_ H. for by Mr Peotter. _c ce Items ! an , B _ +1dz4 Dr. Emmick arrived at 6:35 P.M. It was pointed out that the borough attorney has been instructed for the P E 7 reimbursement is n Pensat.c Code. r�r, rase stated the funding for expenses. Motion carries of pay, per se, it is rn, Hansen i °r. Jack �� 6 = 1 i D r, F.mmick -. anu Mr. " _ KaYanau�h anci Mr. Peotter cast votes 0 L ast_one V UI :'UTES OF OTHER ::; ET I 'GS A. School Board - November 27 and December 11, 1971 B. P 8 Z-Regular november 15 and Special December 2 1978 Mr. Jack. ter moved for_acceptance of Items A - -__ lotion carried _by call B• eeconde' b VZ _- Yunanimous. roll call vote. COMMUNICATIO.fS 6 APPfAPA'CES A. Letter OCS action ia Counc il. Mrs. Kav read tha corres ry a re positions and appointments willnbeessary. Have an for made in February y and March. B. Letter from OY.ey Chandler Pe: Anton Larsen Bay Road. ;;r Fearn read the correspondence. Nt's, Kavanaugh moved that ,a Larsen resolution ;79_3_ -_R be nda b ed_asking for the repair of 'nton _ Ba Road. Sec ode Mr. Chandler's request and stated Fearn. Dr. Emmick endorsed the proposed Terror Lake ject might have an effect on amend to.make this . 1ro i ooit y t. Dr. Emmick moved to and mainten the ia. 1 priority item on road improvement brow - 92enawater._n Socondedsb Mr, the road extending to year unanimous roll _call vote. H Mr,_., 1r:endmant carried roll call vote. '' ='�ln 'notion carried b - by _unanimous 1 9 i 1 ! JJ ;' "1 2 1 t 5 1 n KIB ASSEMBLY MEETING- JANUARY 12, 1979 PAGE 2 C. Letter from AK Legal Services Corp Re• Personal Property Assessment of M/V Hobbit. 'fr. Ogg read the correspondence. No representative of AK Legal Services Corp. was present. It was pointed out that according to law the time for- assess- ment appeals had passed and failure to receive notice of taxes is not sufficient excuse. Dr. Fmmick moved to acknow- ledre receipt of the letter. Seconded by_Mr. Peotter. Motion carried by unanimous roll call vote. rrrs. Kavanaugh moved to deny the _appeal of_ Hr. ^r orrison. Se -- Pao ter A mend by s ment carried b c Call v of Mr. D. AK Municipal League al Lea Re: NACo N Duees. . Mr. M ,e. Ha roll rel en read the correspondence. i [rs_ Kavanaugh moved to not participate in the 4.Co Western Interstate Region dues in the amount of $727.00_ Seconded_by ?r. Peotter. It was pointed out that over the past two years Kodiak has received SC07,719.00 and that the amount of the dues is a good investment. Motion_ failed_1 -6i Hrs..Kavanaugh voted YES and Dr. Remick, Mr. Fearn, HZ kian_!en, Er Jack Mr. Oov, and NO votes. M . Jack moved to - _r. Peotter cast bl &r•_Emmicy__ Motion carried _6-1 Dr. Emmic econd Mr Neilsen Mr. Jack Nr. 0 - earn, votes SL-Hrs. 1 - -- . one,,f 0 . Peotter Bast YES E. Kavanaugh cast one f0 vote. Annexation. Mrs• Jo Hajdu, Mr. 'orman Wooten, Mr. Okey Chandler, Mr. Gene Drwin and Mr. Duncan hunter spoke against forced annexation by legislative action. One hundred (1005) percent of the audience were against this annexation. JQt. Emmick_moved that the KIB underwrite an e ducational_effor_t in Juneau regarding the a nnexationsuestion in the KIS com- nensurate with the effort of the Citv of :_odiak_ Seconded by Mr•_ Peotter. As a result of a work session the KIS will send Mayor U'allin and the borough attorney with all necessary documentation to Juneau at the appropriate time. Motion carried by unanimous roll call vote. F. Letter from the C,zmber of Commerce Re: Industrial Zoning As It Affects Develop:.,ent of Bottom. Fisheries. Mr. Jack read the correspondence. Jac;: moved Seconded by H __ to refer the matter to P & Z. IFS Kavanaugh._ !lotion carried us by- unanimo roll call vote. — - - - - --. VII PUBLIC HEARINGS A. Ordinance #78 -30 -0 Rezoning of Tracts P,B,C,D,E,F,G, Kadiak Subdivision to Residential R -2. Mrs_ Kavanaugh - moved for adoption of Ordinance 47 6 -30 -0 in second reading,_ Seconded by_Mr. Hansen. inycz Wallin with the consensus of the Assembly ordered that each individual heard at the public hearings. would be allowed five minutes with a three minute rebuttal. Closed regular session- opened public hearing. No one spoke for the ordinance. Horace Simmons, KAMA: Is opposed to the rezoning as he ee s T(o�ik has an extreme shortage of R -3 property; also KANA has plans to acquire some of the property to build multi - family housing. Requested R -3 zoning. Public hecrin, closed_ regular muting recodvensd. Mr. Milligan pointed out the location of the property and stated that P E Z had considered R - -2, R -3 and business zoning and had concluded R -2 to be most satisfactory. M3's. Kanaugh moved to amend the ordinance to change the rezonin- g av from R_2 to R-3. Seconded by Mr. !Jansen. Amendment failed 1 -6_;_ Mrs. Kavanaugh cast one YES vote with Dr. E.mmick, M-ri-jearn Mr.. Hansen, ?r. Jeck,_Mr. and Mr. Peotter casting NO votes :rain_motion carried by unanimous roll_cali ate; Mr.- Peottet moved _this-bgsent the i alann d ment for consideration_of coat a_stimate for su 1yisi end uti + + + +ee - -ta llation by the borough — �-rp�a -t Jack Motion carried 6 1 Dr. Emmick, Mr, Fearn,.Mr.Jack Mrs_ Kavagaugh.,_Mr. Ogg, a nd_t'r._Peotter -. cast YES notes_with Hr. Hansen casting one 40 vote. 1 rl 1 2 r1 q i) KIB ASSEMBLY MEETING- JANUARY 12 1979 PAGE 3 B. Ordinance #78 -32 -0 Amending Title 17 of 'IB Code Dormitories. Mr. Peotter read Ordinance 178 -32 -0. .!rs. Kav_enAugh moved for adoption of Ordinance C78 -32 -0. Seconded by Mr. Peottg3'. Meeting closed. public hearing opened. 'o one spoke for the ordinance. :No one spoke against the ordinance. Closed public hearing; regular session reconvened. tir. Milligan presented some background on the ordinance. This sets uD under the conditional use category some provision fa' dormitory use for canneries in an industrial zone. Parking would be considered by P 8 Z in each individual instance. notion_ carried 5 -2; Dr. £mmick, Mr. Hansen, Mr, Jack, Mr. Offg and Mr. Peotter cast YES votes with Mr. Fearn and Mrs. Kavanaugh casting . '0 votes. C. Ordinance ;78 -33 -0 Amending the Schedules Relating to Pay Ranges and Class Titles for Employees of KIB and Providing an Effective Date. Or. Emmick read revised ordinance ff79 -33 -0. Mr. Hansen moved for adoption of Ordinance #78 -33 -0. Seconded by Hr.__Fearn. On recommendation of the Personnel Board, Mr. Peotter moved to_amend that the Borough will provide dependent medical coverage_equal to seventy -five (75%) percent of dependent premium charges under the medical insurance_plan effective January_1,_ 1979. Seconded by Hr. Hansen. It was stated that about one -half of the employees would benefit from this plan. Tom Sweeney, insurance broker, explained how the :e pendency under group insurance works. _amendment carried $-2; Mr. Fearn, Hr. Hansen,_Hr, Jack, Mr. Ogg_ and '1r. Peotter cast YES votes with Dr. Emmick and Mrs. Kavanaugh casting :;O votes. Regular meeting closed; public hearing opened. No one spoke against the ordinance. Frank Parker, Jr., Vice President of Personnel Board: Explained why the personnel board settled on the figure seventy -five (75) percent. Spoke for the ordinance. Marilyn McKinnon: Spoke in favor of the ordinance. Susan Vaughn: Spoke in favor of the ordinance. Rachel Clutter: Spoke in favor of the ordinance. Public hearing closed; regular session reconvened. Main motion carried 6 -11_ Dr_ Gmmick z :'r. Fearn "r. Hansen, Mr. Jack, Hr. Ogg and Jir._ Peotter cast YES votes, with Kavanaugh casting QDg_�f0 vote. __ _ _ .. D. Ordinance #78 -34 -0 Amending Title 17, KIB Code of Ordinances, Relating to Off Street Parking Requirements. Mrs. Kavanaugh read Ordinance #78 -34 -0. Mrs. Kavanaugh moved for adoption of Ordinance #78 -34 -0. Seconded by Mr. Feotter. Regular session closed; public hearing opened. Greg Jones Simpson, Usher 6 Jones, representing Leroy Mayberry: Recapped the history of the Mayberry request to construct a hotel. Requested the consideration of the ordinance be limited to the ordinance only, not to a particular party, project or property. Stated this ordinance'has the support of the proposed new comprehensive plan. Undercover, not underground, parking would be involved. Tom Sweeney Berg Motors and Sweeney Insurance: Spoke in favor of the ordinance. Art Jordan ? Director of the Chamber of Commerce: Spoke in favor of the ordinance pointing out the extreme need for more hotel rooms as both business and tourist monies are lost without them. Leroy Mayberry: Spoke in favor of the ordinance. n 1 5 9 KIS ASSEMBLY MEETI' ?G- JIrutRY L'', LCE( P;:G7 4 Gerald Markham, attorne representing five interested .ro,erty owners: Suggested that this ordinance applies only to the proposed Mayberry hotel. Spoke against the ordinance. Stated this decision should be made with a long range look at the effects of the ordinance feels the traffic problem would be increased and that there are no specifics forthcoming from the City traffic committee to solve the many traffic problems. Stated he was representing ,'Sr. and 'its. Springhill, ;fr. and rs. Ardinger and ' r. Carbin. Bianc,;: Feared increased traffic would create a problem for f ire - fighting. Is against ordinance. Okev C_� ha Is against ordinance. A five - minute recess was called. 'Ia eting reconvened at 10 P.M. Tim Hill -. Spoke against the ordinance. Feels the location is bad. Ron Doubt: possible v analism. Spoke against the ordinance; is concerned about Public hearing closed; a regular rsession reconvened. ?kS.i2LOarrigd 6 -1�Dr _Emmick Mr, and Mr. Peotter cast YES votes withc"1. Mrs. Kavanaugh, >1r. Ogg Mr. Markham,_ representing interested pro property one e d vote. referendum petition to the ordinance with the filed a 10:40 p_ M borough clerk at VIII OLD BUSI.1ESS A. Swimming Pool. It was reported the KIB swimming pool had been temporarily repaired, and is now functioning, for approxi- mately 66,000. It is estimated these repairs will last about six months. It was suggested the borough contact suitable firms for estimates on permanent repairs. 'Ir._Ogg moyed to pursue the avenue of getting estimates for a Gunite liner. Seconded by Mr. Peotter. Dr. °mmick moved to amend that this consultant be brougham toKodiak at no expense to the borough. Seconded by Mrs. Kavanaugh. Mr. Huntley estimates the cost of permanent repairs to be approximately ^150,000. Amendment carried 4 -3; Dr. Emmick, Mr_Fearn, Mrs, Kavanaugh _and P1r. Peotter cast YES votes with Mr. Hansen, '+r _ Jack and iir. Ogg casting up votes. :lain motion carried by_unanimous roll call vote. ?fr. ORa moved t_2�ont3nue YES _t me t'n off time. _Seconded b Mr. -H� n 3_g_tion. carr r_1d. 4- , M out Fearn. Mr_Hansen Mr. y Hansen.__ Motion carrie Mr. Jack and Mr Ogg_cast votes_ with Dr. Emmick itrs. Kavanaugh and 'r Peotter casting_:'0 votes. "rs. Kavanaugh and Mr. - Peotter were excused at 10:55 P.N. IX NEW BUSINESS A. Resolution #79_1 -R Approving Final Plat of Vacation of Tract A, USS 2537B 6 USS 562, Lot 39, Block 2, Erskine Subdivision and Portion of Lot 30, Block 1, Kodiak Tcwnsite Subdivision and Replat to Tract A -1, USS 25373 6 USS 562 (Sunset Development Co.). Mayor Wallin read the resolution. hir, Hansen moved for a Resole #79 -1 -P Seconded by Mr. Do M l ±grovel la the location of the property and the purpose the resolution. ined Motion carried 4 -1• Dr. Emmick Mr. Hansen, cast YES votes with . F castinone•Ofvoteack and Mr. Ogg B. Resolution #79 -2 -p Approving Final Resubdivision of Lot 1, Block 4, Bells Flats AK Subdivision (Rittenhouse E Morris). Mayor ''allin read the resolution. Mr. ,rack moved to approve Resolution ;479_2_R, Seconded by 'm. ! nsen_ a? unanimous roll call vote. °t carried b C. First Reading Ordinance #79 -1 -0 Rezone Lots 12 -18, Block 2, and Lots 9 -16, Block 3, Allman Addition Subdivision (Bertha Pratt). Ordinance was read by title only. Dr. rrml -e 2 1X 10 11 2 11 6 "I'; : SSEABLY YEETL "G- JA.iUAPY 12, 1979 ASSEMBLY COMMF :4TS Mr. Fearn: None for adoption of Ordinance '79 -1 -D at first readine. ri.conded by iir. i'ansen. :'ayor " requested all documents relative to this rezoning request be prepared and made available to i.r. Ogg. l Lotion carried by unanimous_roll call vote. First ^leading Ordinance ''79 -2 -0 !.mending Comprehensive Land Use Plan. Read by title only. Dr. :.crick moved for adoption 9rslinanse ; ;79 1 -0_at first reading. Seconded by Mr. Ogg. �toti on carried by unanimous roll call vote. E. Financial Statement :Tovember 1978. Dr. - :rmick moved to acknowledge receipt_ Se9..ollded_bv 'ir. ,7e ck. "!Qtion carried by unanimous roll_ cell vote. F. ronthly Activity Report necember, 1978. 7 ir_ U flsen moved for acknowledgment of Nonthly lctivity Rport Fecember,_ 1978. Seconded by Mr. Ogg. 1ction carried by_ unanimous roll call vote. G. Monthly Activity Annual ? ``r toacknow- ledge receipt. Seconded by "r. 0 Notion carried by unanimous roll call vote. .. First Reading Ordinance 79 -3 -0 Organization of Personnel toard. Read by title only. pr. r'-mj,ek moved for_adoption_at first reading_ Seconded by_ ;'r. Jack. r 'ction carried by unani- mous roll call vote. I. First Reading Crdinance '79 -4 -0 ? ■uties of Personnel 3oard. 1'ir. Jack moved for adoption of Ordinance '79 -4 -0 at first reading__Seconded__py__.'r. "'ansen. .'lotion carried by unanimous roll call vote. X TANAGER'S REPORT 1. Announced that the Extended Care Facility is now open and in operation. The rock wall is yet to be constructed at a cost of approximately 37,000 and two months work. Dr. rmmick moved to grant_authorization to proceed with the construction of the rock. c141,1•._ Seconded by Mr. Jack. Motion carried by unanimous roll call vote. 2. The School :iatrict has_requested the utilization of the green building across_the street from the borough building for immediate occupancy. Ur. ; :ansen so moved. Seconded by_Mr. Ogg. Yotion_earried bv_unanimous roll call vote. 3. The citizens from Sells Flats and Russian reek area have requested the borough post borough owned land with no trespass signs. This has been discussed with the State Troopers and they would work with Tale Tubbs, borough land management consult- ant. The committee would be willing to help with the installa- tion and protection of the signs. Hr.. Fansen moved to authorize the administration to proceed. , cconded by ? +r. , Tack. Notion carried by unanimous roll call vote. This matter will be dis- cussed further at the work session of January 20, 1979. Pr_ Emmick moved to table to the work session. Motion died for lack of a second. 4. Distributed information from Kyle Cherry regarding product listing for individual aerobic wastewater treatment plants as a substitute for septic systems. 5. Reminded of the regular meeting Ft:bruary 1, 1979. Mr. Ogg; Stated objection of the policy stated by the borough in its letter to the 'ivision of !.ands on Cecember 11, 1978 Re: the Sierne Homestead Initiative. ' +r. Densla, explained the directive to the administration, borough attorney and 'r. Tubbs to protect the lands of the bcrcugh now that they are managing their own lands. "r. Jack moved the borough assembly give support to the letter written by r'r. Denslow to "ichael C. T. Smith.._ Seconded by ___ __ - ansen. Potion carried 4 -1; Dr. Fmmick, (1 1 5 9 Z KIB ASSE?!'3LY ^EETI`:G- JA'''UPRY 12, 1979 PAGE s :ir. Fearn, Mr. Hansen and_' "r._ Jack cast _YES votes with ^ n casting one !0 vote. 2. :!r. Ogg_ moved to copy and make avail- able to individuals a_form which could be used for the :?iernu Homestead Initiative and a map of the lands that are available. Seconded by !'r_ Fearn. :lotion withdrawn with the consent of the second. Mr. Hansen: 1. Stated there is an active city traffic committee and feels they will be able to alleviate many of the parking and traffic problems we now have. eyor 'Wallin requested the administration ask the city committee to keep the nlanninz department aware of their progress. Dr. Emmick: 1. Stated he feels the borough should not have the expense of the no trespass signs which are to be posted in the Bells Flats- Russian Creek area. !!r. Jack: None XII ' AYOR' S COMI!E:1TS 1. At the request of Mayor °!allin Ur. Jack moved to reappoint Dr. Emmick to the Legislative Committee of the 'laska Municipal Leaa_ue. _Seconded by 'dr. Ogg, ' otion carried 4 -0 with Dr. Emmick abstaining, 2. Dr. Emmick moved that "'r. Hansen as the assembly repres- entative, sit on the School District budget committee for this year. Seconded by_P;r. Jack. notion carried 4 -0 with ! !r. Hansen abstaining. 3. Read Larsen Bay Resolution 78 -01 Dm:: inadequate electri- fication in the school system. ;r. Jack moved to refer the information to the School Board. Seconded by Dr. ?mmick. Motion withdrawn with the consent of second. Mr. Denslow stated the administration is working on the solution of this problem. The school maintenance department is attempting to keep the o_ld generator in good repair until such time as the new design can be presented for the new school system. Mr. Jack stated that the Coast Guard had just surplused a 75 KW generator that had less than 600 hours. '.!r. Denslow will look into this. 4. Requested Mr. Jenslow contact KEA and offer Kodiak Island Borough's support regarding_obtaining funding for the Terror Lake Project in the form of a resolution, ':79 -4 -r.. Mr. Jack so moved_ Seconded by:ir. Ogg. Notion carried by unanimous roll call vote. 5. Read letter dated December 7, 1978 from ^arshall L. Lind, Commissioner to Department of Matural R.sources, Division of Lands Re: Kodiak flcutian School Dormitories recommending title transfer. 6. Reported that a parent from Karluk had complained that there were problems with the school roof no screen for the incoming water and there is a heating problem. Ur. )enslow stated the School District is aware of the situation and is working on it. 7. Distributed a tax brochure, courtesy Assemblyman Ogg. 3. Appointments to Citizens B.O.E. 3-a. 'achtweih, Vincent Root, Okey Chandler, Reed Oswalt, H: <nry (Swede) Breckberg. '?r, Hansen moved for ratification of Bea Dechtweih. Seconded by Mr._Ogg _ Motion carried by unanimous roll call vote. '!r. Ogg moved for _ ratification of Vincent _ Root. Seconded by Mr. Jack. notion carried by unanimous roll call vote. Mr. Hansen moved for ratif�.caion of_Okey Chandler. Seconded by Mr. Jack. Motion carried by unanimous roll call vote. Mr _Ogg moved for ratification of Reed Oswalt. Seconded by Mr. Uansen. !lr. Jack requested an executive session. ayor Wallin polled the assembly -all voted c'0 with the exception of "r. Jack. Potion carried 4 -1; Dr. Emmick, ?'r. Fearn, 'r. Uensen and Mr. Ogg cast YES votes with Fr. Jack casting one '0 vote. Mr. Hansen moved for ratification of Henry_(Swede) 3reckberg, .Seconded by Mr. Ogg. Notion carried_by unanimous roll call vote. The Clerk was requested to notify each member of his appointment. Mr. Denslow was requested to set up an organizational meeting in February. The Clerk will get the necessary documents of rules, regulations, and State Statutes regarding the 3.0.E. • 1 ATTEST: 3orough Cleric 0 1 1? 1 1 5 9 KID ASSE:{CLY MEETI;G- JA.''UARY 12, 1979 PATE 7 9. neauested the assembly authorize the administration to send a telegram to Governor Eam:.ond supporting his efforts regarding_Alaska's °rotest Against t-rtiquities :'ct with copies to our congressional delegation_ ^r. Fs'mick so moved. Seconded by Mr. Jack. Motion carried by unanimous roll call vote. 10. Made five aopointments to the Borough- r Max Structure Advisory Group: Wilton White, Dan Ogg, Craig Pishop, Louis Schneider and Jo Hajdu. Captain Clark, rSCG, or his designee, will serve in an advisory capacity as the sixth member. Jr. 1 Unmick moved to ratify as a group. Seconded by Mr. °{ansen. Motion carried with Mr. Ogg voting for r. White, t 'r. Bishop, Mr.__Schneider, sirs. Hajdu and Captain Clark and abstaining on his personal vote•. the remaining_votes as follows: Dr. Fmmick, YES;_iir. Fearn, YES iir. Hansen, YES Pr. Jack, '0. Dr. 'mmick moved to ratify ':r. Ogg_. Seconded by -r. jack. Motion carried 4-0 with Mr. Ogg abstaining. The committee will function until August 1st. 11. Is restructuring the 0.E.D.P. Committee instructed staff to begin preparations to advertise for new members. 12. Explained that Ann Croswell would replace Mr. Fearn on the Mental Health Board and appointed Tnabelle Murphy to replace Tony Reft. Nr, Ogg moved to ratify. Seconded by Mr. Hansen. Notion carried by unanimous roll call vote. 13. With the consensus of the assembly, Mayor_'?allin ordered that the order of the agenda would be changed beginning with the February regular meeting- -the Manager's '_port will become Item IX and Mew Business, Item X. - 14. Asked if Alderwocd had received a certificate of occupancy. Mr. Milligan stated he would contact the city and report back to the mayor on Monday. 15. Requested Bob Blair be contacted to see if he could place a small coffee machine in the area of the borough meeting room that could be used by persons attending meetings. 1 '.III AUDIEaCE COMMENTS .tone XIV ADJOURNMENT The meeting was adjourned by Mayor t4allin at 12.00 A.M.