02/02/1984 Regular MeetingQDIiAK I$LAN_D BOR04GH �ASS§MBLI MEETING - February 2, 1984
(A Verbatim Record is on File'irt the Clerk's Office)
I CALL TO ORDER
Mayor Selby called the meeting to order at 6:40 p.m. in the Borough
Assembly Chambers.
II ROLL CALL
Present Absent
Mayor Selby Mr. Anderson (excused)
Ms. Barker
Mrs. Cater
Mr. Murray
Mr. Naughton
Mr. Wakefield (arrived 6:48 pm)
Mr. White
A quorum was established.
Mr. Murray moved to excuse Mr. Anderson. Seconded by Mr. White.
Motion carried by unanimous voice vote.
III ACCEPTANCE OF AGENDA
Mr. Shealy asked the addition of the following under Manager's
Report item B. Other business:
1. Request to ratify the proposed agreement between the City
and the Hospital re: collection of Ambulance Fees.
2. Appointment of an elected official to the Data Processing
Steering Committee.
Mr. Naughton moved to accept the agenda with the additions.
Seconded by Ms. Barker. Motion carried by unanimous voice vote.
IV MINUTES OF PREVIOUS MEETINGS
A. Assembly - Reg. - January 5, 1984
Mr. Naughton moved to adopt the minutes of the previous Assembly
meeting. Seconded Mrs. Cater. Motion carried by unanimous voice
vote.
V MINUTES OF OTHER MEETINGS
A. KIBSD - Reg. - Dec. 27, 1983
B. Fire Prot. Area #1 - Dec. 6, 1983/Dec. 13, 1983/Jan. 3, 1984
C. KITS - Tech. Adv. Comm. Mtg. - Aug. 18, 1983
Steering Comm. - Aug. 25, 1983
D. Architectural Review Board - Jan. 11, 1984
E. Planning & Zoning Comm. - Reg. - Jan. 18, 1984
Mr. White moved to acknowledge receipt of items A. through E.
Seconded by Mrs. Cater. Motion carried by unanimous voice vote.
VI COMMUNICATIONS & APPEARANCES
A. Boards & Commissions
B. Personnel Board Vacancies
Mayor Selby appointed Marlys Buzby, Marcus Hepburn and Laura Ibach
to fill the three vacancies on the Personnel Board.
Mr. Murray moved to ratify the appointment. Seconded by Mr. White.
Motion carried by unanimous voice vote.
C. Approval of KANA Contract with Hospital (Tabled)
Mr. Murray moved to remove the contract from the table. Seconded
by Mr. White. Motion carried by unanimous voice vote.
Mr. Murray moved to table until the February 16 Special Meeting.
Seconded by Mr. White. Motion carried by unanimous voice vote.
D. Appointment to proposed Kodiak Base -Town Committee
KIBB ASSEMBLY MTG; -4Feb. 2. 1984 Page 2
' Mayo'r Selby appointed Mr. Phil Anderson as the Assembly representa-
tive to that committee.
Mr. White moved to ratify the appointment. Seconded by Mrs. Cater.
Motion carried by unanimous voice vote.
E. Kodiak Jaycees & Rodeo Association's request for endorsement of
Fairground Improvements.
Mr. Naughton moved to endorse the Kodiak Jaycees Rodeo and Fair
Association's request for a legislative appropriation in the amount
of $366,300. Seconded by Mrs. Cater. Motion carried by unanimous
voice vote.
(Mr. Wakefield arrived at 6:48 pm.)
F. Lakeside Subdivision Preliminary Plat
No action taken.
VII PUBLIC HEARINGS
A. Ord. No. 84-1-0 Relating To Real Property Tax, Lien And Date.
Mr. Murray moved to adopt Ordinance No. 84-1-0. Seconded by Ms.
Barker.
Regular Session closed:
Public Hearing opened: NO COMMENTS.
Public Hearing closed:
Regular Session opened:
Motion carried on Ordinance No. 84-1-0 by unanimous roll call vote.
B. Ord. No. 84-2-0 Authorizing The Finance Director/Treasurer
Limited Use Of Facsimile Signatures On Checks Of The Borough.
Mr. White moved to adopt Ordinance No. 84-2-0. Seconded by Mr.
Wakefield.
Regular Session closed:
Public Hearing opened: NO COMMENTS.
Public Hearing closed:
Regular Session opened:
Motion carried on Ordinance No. 84-2-0 by unanimous roll call vote.
C. Ord. No. 84-3-0 Relating To Pay Ranges And Class Titles For
Employees Of The Kodiak Island Borough And Providing An
Effective Date. (COLA)
Ms. Barker moved to adopt Ordinance No. 84-3-0. Seconded by Mrs.
Cater.
Mr. Wakefield moved to amend by inserting 55%%. Seconded by Mrs.
Cater. Motion carried 4-2 with Mr. Murray and Mr. White casting
the NO votes.
Regular Session closed:
Public Hearing opened: NO COMMENTS.
Public Hearing closed:
Regular Session opened:
Mr. Murray moved to amend the COLA percentage to 2.5%. Seconded by
Mr. White. Amendment failed 1-5 with Mr. Murray casting the YES
vote.
Mr. Murray moved to amend the COLA percentage to 5%. Seconded by
Mr. Wakefield. Amendment failed 3-3 with Mr. Murray, Mr. Wakefield
and Mr. White casting the YES votes.
Motion carried 5-1 on Ordinance No. 84-3-0 as amended with Mr.
Murray casting the NO vote.
Mr. White moved to reconsider and spread on the minutes. Seconded
by Mr. Murray.
KIB ASSEMBLY MTG. - Feb. 2, 1984 Page 3
D. Ord. No. 84-LO'lo Determine The Disposition Of Tax Foreclosure
Properties.
Mr. Murray moved to adopt Ordinance No. 84-4-0. Seconded by Mr.
White.
Mr. Murray moved to amend by inserting the word none under the
sentence "Properties selected for municipal purposes are:".
Seconded by Mr. Naughton. Amendment carried by unanimous voice
vote.
Regular Session closed:
Public Hearing opened: NO COMMENTS.
Public Hearing closed:
Regular Session opened:
Motion carried on Ordinance No. 84-4-0 as amended by unanimous
roll call vote.
E. Ord. No. 84-6-0 Amending The Sick Leave Provisions Of The
Borough Personnel Rules And Regulations.
Mr. White moved to adopt Ordinance No. 84-6-0. Seconded by Mr.
Naughton.
Regular Session closed:
Public Hearing opened:
Lorna Arndt: (Personnel Board) I think this is really written good
anel think you should pass this one. This one is fair and we are
not going as far as the School District has gone.
Public Hearing closed:
Regular Session opened:
Motion carried 5-1 on Ordinance No. 84-6-0 with Mr. Murray casting
the NO vote.
F. Ord. No. 84-7-0 Relating To Travel Policy For Borough Officials
And Borough Employees.
Mr. Wakefield moved to adopt Ordinance No. 84-7-0. Seconded by
Mrs. Cater.
Mr. Wakefield moved to amend under 1206.2 Other Incidental Costs to
read Other costs incident to such travel, and of a normal and
necessary nature, will be reimbursed. These costs depending on the
articular travel, would be such items as actual expense u to a
maximum of 80.00 for hotel rooms, food up to a maximum of $35.00
oer day for overnight stays. and actual expenses of auto or boat
renzai 1T appiicaDie, ang zeiepnone ang Lips, etc.. Also, under
1206.6 Per Diem Allowance to read The daily per diem allowance
is established at a rate of $35.00 per day for all travel from the
Borough Seat of Government to other areas of the Borough. All
travel to the Borough Seat of Government shall be set as Drescribed
in 1206.2. Seconded by Mr. Murray. Amendment carried by unanimous
roll call vote.
Regular Session closed:
Public Hearing opened: NO COMMENTS.
Public Hearing closed:
Regular Session opened:
Mr. Wakefield moved to table Ordinance No. 84-7-0 and send it to
the Personnel Board for their recommendations. Seconded by Mr.
Murray. Motion carried by unanimous voice vote.
G. Ord. No. 84-8-0 Amending The Personnel Rules And Regulations
Pertaining To Holiday Leave.
Mr. White moved to adopt Ordinance No. 84-8-0. Seconded by Mrs.
Cater.
Regular Session closed:
Public Hearing opened: NO COMMENTS.
Public Hearing closed:
Regular Session opened:
KIB ASSEMBLY MTG. - Feb. 2, 1984 Page 4
Motion carried od Or`din nce'�No. 84-8-0 by unanimous roll call vote.
H. Ord. No. 84-9-0 Adopting The Coastal Management Program.
Mr. Wakefield moved to adopt Ordinance No. 84-9-0. Seconded by
Mr. White.
Mrs. Cater moved to amend by adding an additional Whereas to read
WHEREAS, the Kodiak Island Borouqh will use the Coastal Management
Program as a guide in making land and water use decisions for the
Borough. Seconded by Mr. Murray. Amendment carried by unanimous
voice vote.
Regular Session closed:
Public Hearing opened: NO COMMENTS.
Public Hearing closed:
Regular Session opened:
Motion as amended on Ordinance No. 84-9-0 carried by unanimous
roll call vote.
I. Ord. No. 84-10-0 To Modify The Terms And Conditions Of The
Agreement Of Settlement And Consent Decree Approved By The
Court On August 12, 1981.
Mr. Wakefield moved to adopt Ordinance No. 84-10-0. Seconded by
Mr. White.
Regular Session closed:
Public Hearing closed;
Jack Wiles:(Chief of Planning/State Div. of Parks & Outdoor Rec.)
We have not cut a deal but what we have done is provided a fair
amount of flexibility to bring the parties together. The establish-
ment of Shuyak Island State Park is our goal. The compromise would
provide the east side of Neketa Bay going to the Borough, providing
area 2 going into Park status and providing for a limited amount of
-- land disposal within the Park area. There is a particular concern
about why there will be private land taken out of the Park if there
is Borough land and private land. The only thing we would feel
fairly strong about would be how that disposition of those 200
acres occurs, where it occurs and under what terms. We feel that
the bill should provide for close consultation between the State
and the Borough on just those matters.
Tom Peterson:(representing Fred Zharoff) On his behalf, I extend
his apologies for not being here at the public hearing. I am here
to observe the proceedings tonight at the public hearing regarding
the proposal. There are three concepts that Fred asked me to
reiterate that he felt that this particular type of proposal meets
most of everyone's needs and desires on land use for Shuyak Island.
It does create a State park, it makes land available for disposal
and he feels that it gives the Borough much better land development
opportunity than they originally had.
Gary Dobos:(Outdoor Photographer) I am here to oppose this agree-
ment that would put cabins within the park. Shuyak has more poten-
tial for recreation than any area I have seen in Alaska.
Suspin-Susan: Against opening negotiations. It will destroy the
wilderness value if you put cabins in any of the Bays.
Jaime Rodriquez: I am here to oppose negotiations. I don't want
to see any of the land developed.
Lee Bowman: I am against public development.
Don Fox: I am against any private ownership. I would be for ten
or twelve public -use cabins where everybody has use of Shuyak
Island. Not just a limited number of persons.
John "Pete" Murray: I am here to testify against opening up nego-
tiations for the park.
Rich MacIntosh:(Audubon Society) We were established here in 1981
and we have about 80 family and individual members. We have
KIB ASSEMBLY MTG. - Feb. 2, 1984 Page 5
supported the formation of the park since 1981 and tonight I
would like to stress the fact that we support the existing out of
court settlement over Shuyak.
Ben Hancock: I am in favor of the concept of public cabins but not
private ownership. I want the agreement to stand.
Bill Herman: I am against the ordinance. I would like to see the
whole island as a park. I feel that the State manages parks better
than Boroughs do.
Barbara Monkiewictz: I am against private ownership.
Bill Guy: I am also for the '81 settlement.
Paul Anderson:(Member of State Parks Adv. Brd.) I oppose this
proposition. I think the Dept. of Natural Resources will continue
to look after that land if we go ahead and stick by this original
consent decree.
Theresa Armetta: I totally support the 1981 settlement. I also
support a few public -use cabins scattered throughout the park. I
totally oppose the idea of selling 200 acres of private land with-
in the park.
Ed Campbell: I am against cabins. I am against the 200 acres for
public -use. I am against the whole thing even negotiations on it.
Larry Vanderlin: I am very much in favor of preserving the entire
island.
Bruce Schactler: It is not the place to be except in the summer.
I am against negotiations unless to put the whole island in a
park.
Dan_ Jessup: I hope you will keep things like tonight open and this
won t be the only time that we are able to have public input.
Eddie Hendricks: My home is in Shuyak Harbor on Shuyak Island and
has been for over ten years. I was a registered guide in the State
and have had people from all over the world at Shuyak. I think the
whole island should be put into a park.
Ed Apperson:(State Parks) I am up here personally to talk a little
bit about tourism. I have been an owner and operator of several
"fly -in" type lodges in Alaska in the past years. I doubt if any-
thing would be destroyed due to tourism.
Steve Renell:(P & Z) I would like to get some input from the
Assembly on leases on Shuyak.
Matt Dick: I can testify that Shuyak has the richest concentration
of sea birds, with the exception of certain large colonies like
Whale Island. I would stronly support a State park and if that
can't be, I would support it remaining as it is.
Public Hearing closed:
Regular Session opened:
Motion failed on Ordinance No. 84-10-0 by unanimous roll call vote.
VIII OLD BUSINESS
A. Res. No. 83-135-R Authorizing The Acquisition Of Construction
Easements Or Additional Right -of -Way To Accomodate The
Construction Of Monashka Circle And Bayview Drive. (Tabled)
Mr. Wakefield moved to remove Resolution No. 83-135-R from the
table. Seconded by Mr. White. Motion carried by unanimous voice
vote.
Mr. Wakefield moved to amend the last WHEREAS to read "WHEREAS, it
may be necessary to purchase the needed construction easements
and/or additional right-of-way including Lot 10 of Block 2 from the
following property owners in order to proceed with construction
when sufficient construction funds are available". Seconded by Mr.
White. Amendment carried by unanimous voice vote.
KIB ASSEMBLY MTG. - Feb
(Mr. Murray moved
Anderson.)
Motion as amended
roll call vote.
2, 1984 Page 6
to adopt Res. No. 83-135-R. Seconded by Mr.
on Resolution No. 83-135-R carried by unanimous
B. Ord. No. 83-80-0 Supplemental Appropriation. (Tabled)
Mr. White moved to remove Ordinance No. 83-80-0 from the table.
Seconded by Mr. Wakefield. Motion carried by unanimous voice vote.
(Mr. Anderson moved to adopt Ordinance No. 83-80-0. Seconded by
Mr. Wakefield.)
Motion on Ordinance No. 83-80-0 carried by unanimous roll call
vote.
Mr. Murray moved to oppose the adoption of HB 474 - Use of Grant
Money Interest. Seconded by Mr. White. Motion carried by
unanimous voice vote.
C. Res. No. 84-8-R Authorizing Certain Budget Changes. (Tabled)
Mr. White moved to remove Res. No. 84-8-R from the table. Seconded
by Mr. Wakefield. Motion carried by unanimous voice vote.
(Ms. Barker moved to adopt Resolution No. 84-8-R. Seconded by Mr.
White.)
Motion carried on Resolution No 84-8-R by unanimous roll call vote.
A. February Meetings
1. Thursday, Feb. 9 - Borough Conf. Room - 7:00 p.m.
Worksession with John Nuveen regarding auditorium bonds.
2. Tuesday, Feb. 14 - Residential Vocation Trng. Prog. - 5:30 pm
Dinner with Mental Hlth. Brd. & review program & FY 85 Budget
3. Thursday, Feb. 16 - Assembly Chambers - 7:00 p.m.
— Special Assembly mtg. - re: KANA Contract
4. Thursday, Feb. 16 - Assembly Chambers - 7:30 p.m.
Worksession with DOT on municipal airport with City Council,
Planning Commission & Airport Advisory Board
5. Thursday, Feb. 23 - Borough Conference Room - 7:00 p.m.
Worksession to review March packet
6. Wednesday, February 29 - City Manager's Conf. Rm. - 7:30 p.m.
Joint City/Borough Tax Study Committee
7. Thursday, March 1, Borough Conference Room - Noon
Review of March Agenda
8. Thursday, March 1 - Borough Assembly Chambers - 6:30 p.m.
Regular March meeting
9. Friday, March 2 - Borough Conference Room - Noon
Joint City/Borough Bldg. & Zoning Permit Comm. meeting
B. Other Business
1. Request to ratify the proposed agreement between the City
and the Hospital re: Collection of Ambulance Fees.
Mr. White moved to ratify the agreement between the City and
the Hospital. Seconded by Mr. Naughton. Motion carried by
unanimous voice vote.
2. Appointment of an elected official to the Data Processing
Steering Committee.
Mr. Murray moved to appoint Mr. Wakefield as the elected
official to serve on the Data Processing Steering Committee.
Seconded by Mr. White. Motion carried by unanimous voice vote.
X NEW BUSINESS
A. Ord. No. 84-11-0 Adopting A Conflict -of -Interest Provision.
(1st Reading)
Mr. White moved to adopt Ordinance No. 84-11-0 in the first
reading. Seconded by Mr. Naughton. Motion carried by unanimous
voice vote.
KIB ASSEMBLY MTG. - Feb. 2, 1984 Page 7
B. Ord: No. 84-12-O'Rez2ning Lot 10, Block 1, Kodiak Townsite
Subdivision From R-3 To Business. (Robert & Eleanore King)
(1st Rdg.)
Mr. White moved to adopt Ordinance No. 84-12-0 in the first
reading. Seconded by Mr. Naughton. Motion carried 5-1 with Mr.
White casting the NO vote.
C. Travel Request: Mickie Miller
Mr. Wakefield moved to authorize Mickie Miller's travel to the
International Institute of Municipal Clerk's Conference to be
held May 1984 in San Diego at an approximate cost of $1,250.00.
Seconded by Mrs. Cater. Motion carried 6-1 with Mr. Murray casting
the NO vote.
D. Res. No. 84-11-R Appropriate Certain Fixed Sums Of Money For
Bayside Fire Station.
Mr. White moved to adopt Resolution No. 84-11-R. Seconded by Mr.
Wakefield. Motion carried by unanimous roll call vote.
E. Res. No. 84-12-R Authorizing Approval Of Contract Amendment
No. 6 With URS Co. To Provide Design Services For Water And
Sewer Improvements In Crestview Subd., Miller Point AK Subd.
First Addition And U.S. Survey 3101 Within Service Dist. No. 1.
Mr. White moved to adopt Resolution No. 84-12-R. Seconded by Mr.
Wakefield. Motion carried by unanimous roll call vote.
F. Res. No. 84-13-R Granting Conceptual Approval To The V.F.W.'s
Long-range Development Plan For ADL 36049.
Mr. White moved to adopt Resolution No. 84-13-R. Seconded by Mrs.
Cater. Motion carried by unanimous voice vote.
G. Russian Cafe - Restaurant/Eating Place (New Application)
Mr. Murray moved to voice non -objection. Seconded by Mr. Naughton.
Mayor Selby read a letter received from Elana S. White voicing
objection to another liquor license in the Bells Flats/Russian
River area into the record.
Mr. Shealy reported that Mr. Bealy and Mrs. Lods, who are key -
people on the council out there, had reported to him that out of 20
persons they polled, there were 17 that supported the proposed
restaurant with wine and beer.
Steve Rennell: I have lived in the borough for about eight years.
We really need to oppose more liquor license instead of giving
more funds on the other end to Kodiak Council on Alcoholism and
to the Mental Health Center and et cetera. We just allow people to
have their liquor license and put it there and put it there. Then
in the end us taxpayers pay for this loss in a sense because we
allow these people to start these establishments. This one is on
the highway and people will have to get in their cars and drive
there.
Motion failed 1-5 with Ms. Barker casting the YES vote.
Mr. White moved to protest the issuance of the Russian Cafe liquor
license on the following grounds:
(1) Other liquor licenses in the area,
(2) No police surveilance in the area,
(3) No cab service in the area and
(4) Too close to Coast Guard Base.
Seconded by Mr. Murray. Motion carried 5-1 with Ms. Barker casting
the NO vote.
H. Facility Coordinator's Status Report - January 1984
Mr. Murray moved to acknowledge receipt. Seconded by Mr.
Wakefield. Motion carried by unanimous voice vote.
I. KIBSD Financial Report - December 1983
Mr. Murray moved to acknowledge receipt. Seconded by Mr.
KIB ASSEMBLY MTG. - Feb. 2, 1984 Page 8
Wakefield. Motion carried by unanimous voice vote.
J. Kodiak Island Hospital Financial Report - December 1983
(Deleted - not received.)
XI MAYOR'S COMMENTS
Having just traveled to Juneau, favorably inclined toward
the Governor having treated us more kindly in the Capital Budget
than he was originally given credit on the news. Also, the meeting
with him assured me that he would not veto any items essential
to Kodiak in his budget or projects promoted by our legislators.
XII ASSEMBLY COMMENTS
Ms. Barker: One of the things I have been working on is how to get
more input from the villages into the proceedings that go on in the
Borough. One of the ideas I would like us to explore is to get a
phone line so the villages can call us, when they hear us over
KMXT.
I would also like to re -instate the Assembly traveling to the
villages.
Mr. White moved to direct Staff to begin preparing documents to see
that the construction of Selief Lane is completed this year and
that land sale funds and/or other State or Federal funds, as can be
identifed, be used for this project. Seconded by Mr. Wakefield.
Motion carried by unanimous voice vote.
Mr. White: I think we should continue to use the Anchorage cost-of-
ivi�index until we develop our own.
Mr. White moved to direct Staff to try to develop our own cost-of-
iviing index. Seconded by Mr. Wakefield. Motion carried with Ms.
Barker casting the NO vote.
XIII AUDIENCE COMMENTS
Steve Rennell:(P & Z Comm.) I would like some feedback from you
regarding the request on the Shuyak five year lease and also on
the one requesting to buy 7.59 acres.
(Assembly agreed the lease should be signed and regarding the one
requesting to buy the land that it will not be sold at this time.)
I would like to make a couple of comments just as a member of the
public. I don't like just one assembly meeting a month. I also
think you should advertise more about the work sessions if they
are open to the public for input.
XIV ADJOURNMENT
Mr. Wakefield moved to adjourn the meeting. Seconded by Mr. White.
Mayor Selby adjourned the meeting at 11:04 pm.
Bor V
h Mayor
ATTEST: