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04/30/1979 Regular Meeting1 0 0 0 2 0 0 7 3 0 XODIAK ISLAND BOROUGH ASSEMBLY SPECVL IIEETI.'G-APRIL 30, 1979 (A Verbatim Record is on File in the Clerks Office) CALL TO ORDER The meeting was called to order by Iayor 3etty J. T'allin at 6:45 P.H. in the Borough Chambers. II iML CALL Present !.".r�•T lliam Fearn IIr. P.rnold t ansen (7:10 P.;I. ) 'r. Et'ward Jack irs. Sandra Kavanaugh :r. Lan Oag :'.r. James Peotter i';rs. Betty J, Wallin, '_?yor A quorum was established. Lbsent ilraichael rrriick (excused) III ITE71-IS OF BUSI; ESS Ir_ Ogg moved to delete Items_ a and b under.Section 5. Seconded by, ;±r. Fearn. `Ir. Ogg felt the ordinances were not in final form. Pir. Jack moved to amend bvsubstitution that the new land subdivision_Te ula i s_as_r,Qdified by.,the att-prney_._be returned tQ_P E Z for_revj,ew_._#o come._u� a# the June �:�eetin_^, a.n_tlie_form_ -- - rgquested by_ Fr.__Ogg. Seconded by ;i?'. Fearn. _;otion carried by unanimous_roll.-cal,1 vote. '_Iaih_motion carried by unanimous. roll call vote. The public hearings on Items a and b, Secti� 5 will be at the June meeting. :he ordinance form should be as it will appear in the code book and be available for perusal at least two weeks prior to the June meeting. 1. Establish School Budget Appropriation. ':`ram_ Peaty#er [:loved_ to estabJish.the school district appropriation for the next. year at $1,2321669__ Seconded by .'Ir.Fearn. Regular meeting closed., public hearing opened. .10 one spoke against the ordinance. Lynda LaVi!ne, President of the "ast 3lementary PTA: Read a statement in favor of the budget as presented, Beverly I. Sims: President of Tain elementary PTA: Submitted a statement in favor of the budget as presented. Public hearing closed; regular meeting reconvened. ?Sayor Wallin sub;tiitted and read her memorandum ur4ing approval of the school budget proposed for 1979-80 at last year's figure, v908,000, and request of the school board that the necessary cuts not come out of the classrooms. It was stated that the work load has increased to the point that there is a need fcr added staff in the villages;. there is also the problem of catch up maintenance. I'.r. Hansen arrived at 7:10 P.H. Mr. Jansen read the report and recommendation of the budget review committee that the local appropration be *990,000. Louise Collins, president of the school board, listed the points and reasoning for same where the school board disagreed with the recommenda- tions of the budget review committee. Stated they had cut back approximately �*400,000 from the original budget and now support the proposed school budget as presented.. Iayor Vallin closed the regular session and reopened the public hearing with the consensus of the assembly. ,Frank Peterson, KAMA: Asked that the budget be approved at the requested figure. Stated there is housing in some villages but not all. Stated that housing will become available for the needs of the teachers in all villages within the next two years. Stated the electricity and fuel tank programs should b& operational before r'ugust or September of this year. r 0 0 2 0 0 7 3 1 KIB ASSEMBLY SPECIAL 11EETI::G-PPRIL 30, 1979 PAGE 2 Public hdaring closed; regular meeting reconvened.' It was pointed out that ad.'itional monies were made available to the school district after the budget appropriation was rade for -the 1978-79 fiscal year. . 'Jr, beL moved -by­-substitution to establish a budget appropriation of a ten percent increase over last year's school appropriation.. Seconded by 'f.. iiansen. :1r. Of7g, crith the _consent _of his second, _amended the figure to $990,000. It hau been suggested that the borough 'take over the major mainten- ance.. The proposed maintenance figure is ;•1,350,000 which is more than the request that the school district is making. Twenty years of neglect cannot 1ne caught up in one year. Stated that the majority of the funds from local appropriation are spent on maintenance. Substitute motion failed 3-3. Mr. Hansen, Firs. Kavanaugh and Mr. Ogg voted YES with 'ir,. Fearn-, i r. Jack and fir. Peotter casting 0 votes. Main -motion _failed, . 3-3_ t•ir. Fearn, .iir. Jack and Hr. Peotter voted YES with i{r. .Hansen,. Hvs. Kavanaugh and :'r. Ogg casting_ 40 votes. fifteen -minute recess was called at 8:00 P.M. Fleeting rehon- vened at 8:15 P.M. Mr. I'.ansen moved to grant the school district vh._100�000_for the next fiscal.y-ear. Seconded by Nirs., Kavanaugh. Hotion carried 5-1:,, Air. Fearn, Mr. i'ansen, 71,rs. Kavanaugh,. Fr. O�-Z and_i1r,_ Peotter voted YES with '_1r. Jack casting one f0 vote, 2. First heading Ordinance '179rl7-0 kIB Budget FY 1979-80. I3rs_ __Kavanaugh moved for adoption of Ordinance i 70-17-0 at first_ reading,_Seconded by_ F_r. Jack. Fr.Jack moved to amend — - the.budget to _show appropriation for the school district to be v11100,000. for the following,year____Seconded by 1rs. Kavanaugh. amendment carried by unanimous roll call vote. list of items of change for Discussion at a work session was presented. i'irs. Kavanaugh e., moved that under the manager's department, administra- tiv_gg_q_ ant be changed to. secret the amount be lowered from ,;24,854 to $16;902--plus step increase. Seconded by I1r. .- Ogg. Amendment failed 3-3; ir. Hansen, Fars. Kavanaugh and .ir. Of�y -- YES with .:r. Fearn, .Ir. J,ck and :ir. Peotter casting 0 votes. ir. Jack moved for previous question. Seconded by iir. Peotter. Five-;ninute recess called at 8:35 P.M. Nesting reconvened at 8:N0 P.1. Mayor Wallin read from 'Roberts Rules of Order re: interruption of a member who has the floor. lotion for previous .g_uestion_failed -2-4: ir. Jack and �;r. _Peotter voted_ Yt,S. with Fir. Fearn, Mr. Hansen, 'rs. Kavanaugh and iir. Ogg casting _10_ votes. : ain motion carried 4-2; I1r. Fearn, iir. Flansen Fir. Jack _and ?ir. Ogg, voted YES, with 9rs. Kavanaugh and i1r. Peotter ci-ks—t -.'0_-votes. .'iayor `dallin set a budget work session for Monday, flay 7th at 7:00 P.11. in the conference room. Other tentative dates are: Saturday, :•Fay 12 -, '.onday, ltay 14Saturday, May 19 (regular monthly work session), ?Monday, Ha-y 21 and Saturday, - :,.y 26, as necessary. 3. Communication from Citizens Committee Service district #I. Hr. Ogg read the correspondence. Hr. Hansen moved to ac'owledge rece_ i -t of the _letter from Forman '+ooten, Chairman Pro t .m, Serviee__yistrict I Citizen's Committee dated :t)ril 16, 1'+79y and refer to work session. I•ir. oenslow stated the borou,h had received approval from EPA of the Phase I ;rant for Motion_c�rried�y_unani_mous roll call vote. 4. Ratification of Election Resolution 79-24-R. _Mr. Peotter lJ read the resolution. Peotter. moved for adoption, of _t golution „79-24-rc. Mr. Peotter read memorandum from I1'ckie Miller, Clerk/Treasurer. Hr. Peotter moved not to accep'_ the ballots of Sven J. Larsen, James 1lichard 'inrtin, Denis eCour; -, Joy K. ilartin�_Kathleen..Eeyett and Kelly Simeonoff. Seconded by Ir. Jack. i;ayor !-Iallin questioned that belly Simeono f was not registered in Kodiak. t recess was called at 9:15 P.H for the clerk to research the Kelly Simeonoff registration. Neeting reconvened and Ilrs. Kavanaugh excused at 9:25 P. . 1, ) 0 `l '? 2 0 0 7 3 ?. KID ASSEMBLY SPECIAL MEETIJG-l.PRIL 30, 1970 PAGE 3 The clerk stated Mr. Simeonoff was not on the Ccdiak print-out. The assembly and mayor opened and tallied eight (•:) questioned ballots, four (11) challenged ballots and twenty-four (24) absentee ballots for a total of thirty (30) YES :and six (6) !0 votes. The total votes cast were five hundred forty-three (543) YES and three hundred seventy-two (372) ?110 votes. The LorouF;h will repeal Ordinance :"73-34-0 relating to off-street parking. ;'[aim otion,cad. rrieby_unanimous roll call vote. ir. Kelly Simeonoff will be instructed to re -register or contact the State of !.laski to clarify his registration as he is not on the Kodiak print-out. 5(c) Ordinance 979-15-0 lmaending Comprehensive Land Use Plan from iiedium Density Residential, Public and Open Saace and Mobile Home Courts to Business. r. Jack read the ordinance. ;Sr. ganse.n moved for adoption.. of Ordinance "79-15-0. Seconded by ir._Ogg.. Regular session closed; public hearing opened. P;iil lnderson, P & Z Commission member: Spoke against the ordinance. Stated the area encompassed in this ordinance is larger than the one recommended by P h Z. Stated the larger area is greater than the present downtown area and that not all properties in the larger area are accessible. i`ike Rasmussen: Feels the larger area should be approved but would go along with the smaller if necessary. Greg Furin: Felt this comprehensive plan change should be enacted so that rezoning could be considered. Ron Ball: Spoke in favor of the sr<.ialler area and pointed out accessibility of the parcels in the smaller area. Lloyd Benton: Spoke for the larger area. rst simmer: Spoke for the larger area and requested that his property, Lot 2A, Block 1, Holland acres Subdivision be included since he has previously requested rezoning and was turned down. �J Nike Rasmussen: Pointed out that recently P � Z grade a decision that warehousing was permitted in a business zone. Public hearing closed; regular meeting reconvened. Responses to public hearing notices from the following were read into the record: -two from Gary Roberts for the larger area, Mike Rasmussen for the larger area, Bea .�lachtweih opposed, Robert Spencer for the larger area and Kodiak Transfer for the larger area. iir. Jack stated lie is not in favor of the larger area including Woodland Acres Subdivision. Potion carried 4-1. 77r. Fearni!fx, Hansen, i?r. Ogg, and lir. Peotter voted YES with Nr. Jack casting one .SO_vote. Mr. Peotter was excused at 10:50 P.h. 5(d) Ordinance 4F79-12-0 Rezoning Lots 3 andB41, /PT fer Point ,',K Subdivision, 1st addition from Unclassified to Business (H15XXX Furin). iir. Jack read the ordinance. r-ir. Dag moved for adoption of. Ordinance_#79-12-0. Seconded byIr._I'ensen. Closed regular meeting; opened public hearing. .fo one spoke against the ordinance. Greg Furin: Spoke for 'the ordinance. Public hearing closed; regular session reconvened. Notio:1 carried by unanimous roll call vote. 5(e) Ordinance 1#79-13-0 Rezoning Lots 1 and 2, Block 1, : SS 1662 Woodland Acres Subdivision: Lots 1 and 2, Block 3, Hiller Point AK Subdivision and Unclassified Portion of USS 321 from Unclassified to Business (Benton/Rasmussen). Mr. Hansen moved for _adoption of Ordinance_'179-13-0. Seconded by PIr. Jac'.' Regular meeting closed; public hearing opened. 0 7 3 RIB hSSE ii;LY SPECIPL ',.F'., I,!G-"_PRIL 30. 1:379 Phil i'underson, P & Z member: Spoke against -the ordinance. Stated P & 7, had recommended Ordinance ;'79-13-0(a) rezonin.; lots 1 and 2, block 3, i°tiller Point 1K subdivision and a portion of USS 3210 from unclassified to business (a smaller area). !like Rasmussen: Spoke in favor of 79--13-0 Lloyd Benton: Spoke in favor of 79-13-0. t.rt Johnson: Stated he objects to amending the comprehensive land use plan and Rasmussen rezoning.,. Pead into the record his F�i letter objecting to both items. 'st Zinmier- Spoke in favor of 79--13-0. .as submitted a letter o request that this property be included in the comprehensive land use plan. Public hearing closed; regular meeting reconvened. The assembly agreed to continue with the agenda past 11:00 P.M. ilr. flilligan read letters in favor of the rezoning from lake Rasmussen and Gary Roberts. Mayor 'lallin asked if the P & Z was aware of a deed restriction on the :tachtweih property. It was explained this would be between the seller and buyer. flr. Jack moved to table Ordinance ,"79-13-0. Motion died for lack of a second. slain motion failed 3-li fir. Fearn, Hr. aansen and_ Pir. _QZg_.voted YES with ltr. Jack casting one SO vote. r. Ogg moved to reconsider on the minutes of the 'day 3, 1979 meeting. Seconded by Mr. Hansen. 3r. Jack moved to accept Ordinance r79-13-0(a). Motion died for lack of.a second. 5(f)' Ordinance ;;"79-14-0 Rezoning Lots 1B-1, E2 and El' USS 3218 from Unclassified -to Business (Chase/Gilbert/Pearson). O lir. Fearn Ordinance read the ordinance. 7r. 0, `79-14-0. Seconded by ;x. Iansen. moved__for adoption -of Closed regular meeting; opened public hearing. to one spoke against the ordinance. Randy Chase: Spoke in favor of the ordinance. Closed public hearing; regular session reconvened. Mr. 2lilliaan submitted two written responses, one f or and one against the ordinance. Hayor 'lallin read them into the record. floti.on carried by unanimous_ roll call vote. IV ADJOUR1i1EJT sleeting adjourned by 'layor 'lallin at 11: 25 P.M. i%TTEST: J � orough Cle c