08/02/1979 Regular Meeting) 0 0 Q 2 A 0 7 6 9
KODIAK ISLAND BOROUGH ASSEMBLY MEETING -AUGUST 2, 1979
(A Verbatim Record is on File in the Clerk's Office)
2 CALL TO ORDER
Tile meeting was called to order by Mayor Betty J. ,Iallin at
6:32 P.M. in the Borough Assembly Chambers.
II
ROLL CALL
Present
Betty J. Wallin, Mayor
Mr. Phil Anderson (arr.
Dr. Aichael Emmick
ikir. Arnold Hansen
Mrs. Sandra Kavanaugh
tir. Dan Ogg
Mr. James Peotter
l',bsent
M
6:42) r. Edward Jack - excused (fishing)
Hansen moved to allow lip. Anderson two hours to appear.
Seconded by I1r. Ogg. Motion carried 4-1 with Dr. Emmick casting
one AO vote. Mr. Hansen moved that Mr. Jack be excused. Seconded
by I1r. Peotter. Motion carried 4-1 with Mr. Os*g casting one AO
vote. A quorum was established.
III ACCEPTANCE OF AGENDA
Added to Agenda: VI B Tax Study Report
VI C Anderson Ltr. of liesignation. from P 6 Z
X K KIB 79-41-R Tax Foreclosed Properties
Mr. Ogg, moved to add these items to the agenda. Seconded by Mr.
Hansen. IIrs. Kavanaugh moved to amend to add the O.E.D.P. Report
under .vew Business X L. Seconded by Mr. Peotter. amendment
carried by unanimous roll call vote. Main motion carried by
unanimous roll call vote. IIrs. Kavanaugh moved that Item G be
moved to VI A(2). Seconded by Mr. Hansen. Notion carried 4-1,-
Dr. Emmick, Mr. Hansen, Mrs. Kavanaugh and Mr. Peotter voted YES
with Mr. Ogg casting one 40 vote. IIrs. Kavanaugh moved for
acceptance of the agenda as amended. Seconded by fir. ilansen.
notion carried by unanimous roll call vote.
IV MINUTES OF PREVIOUS MEETINGS.
A. Assembly -Regular -July 5, 1979 (Recessed to July 6, 9, & 10)
D. Assembly -Special -July 21, 1979
Mr. Peotter moved for acceptance of Items A 6 B. Seconded by Dr.
Emmick. Motion carried by unanimous roll call vote.
V HINUTES OF OTHER MEETI'IGS
A. P & Z Commission -June 20, 1979 (Continued to June 21)
Mr. Peotter moved for acceptance of Item A. Seconded by firs.
Kavanaugh. Motion carried by unanimous roll call vote.
VI „M 6 (2). Letter from Gary Stevens Re: City Lease Agreement anq
KMXT Rent (was VIII G). Mayor Wallin read correspondence.
Mr. Anderson arrived at 6:42 P.M.
Mrs. Kavanaugh moved to remove from the table the question of
KMXT rent. Seconded by 1Ir. Hansen. (Motion to appropriate from
federal revenue sharing funds *16,800 to K;!XT for the purpose of
paying rent). Motion carried by unanimous roll call vats!. Mr.
Ogg moved to delete "for the purpose of paying rent". S1-conde,_t
by iir. Iiansen. The reasoning, for setting up the new renc scale
was to do away with discrimination in rental rates and to set up
a fund for building maintenance. It was generally felt that
A.20 per square foot was too iiioh.
The assembly voted 4-1 (Mrs. Kavanaugh voted :;0) to non -objection
to hearing input from representatives of KIXT, KIB School Board and
the teleconferencing service.
Bill Glynn, KPBC; Dave Thompson, General Manager of 1CIfX1'; i[ary Jo.
Simmons, teleconferencing service, anu Louise Collins, chairman of
KIB School Board spoke against the raise in office space rental.
,Ir. Ogg moves to table to a work session. Seconded by 3r. hansen.
i'iUtlon failau 2-4; Mr. Hansen anJ 'ir. ORP vote.l ��}.c Taii-A ;-,."
KIB ASSEMBLY
MEETIAG-AUGUST
2,
1979 PAGE 2
lnderson, Dr. Emmick, Mrs. Kavanaugh and Hr. Peotter casting .:IO
votes. 14rs. ;:avanaugh moved by substitution that the rents be
reduced from 41.20 per square foot to 60 cents per square foot
for FY 80. Seconded by Hr. Peotter. Motion carried 4-2, Hr.
Anderson, Dr. Emmick, Mrs. Kavanaugh and 11r. Peotter voted YES
with Mr. Hansen and Hr. Ogg casting ;?0 votes. rlr. Ogg moved to
reconsider and spread on the minutes. Died for lack of a second.
Meeting recessed at 7:55 P.II. and reconvened at 8:10 P.M.
3. Tax Study Report. Lou Schneider presented recommendations:
A.(1) Borough -Drop personal property tax on commercial fishing,
boats to 5.00 or $15.00 per boat, based on net tonnage.
(2) Retain personal property tax on fishing gear not attached
to and forming a part of boat (i.e. pots, seines, outboards,
skiffs, etc.).
(3) City -Remove exemption on personal property.
(4) State to collect personal property tax on vehicles.
(5) Borough -implement a 1". area wide sales tax to be based on
essentially the same statute as city presently using.
(6) Borough -Reduce mill rate on real ✓; personal property to
reflect net gain from sales tax.
(7) City -Reduce mill rate to reflect elimination of personal
property tax payments to borough.
Tax loss resulting -from (1) E (2) (350,000)
Tax gain from (5) 550.000 in city 750,000
200,000 outside
Net Gain 400,000
Recommendation: (1) Borough request legal opinion as to
whether they have power to tax intangible personal property
and check taxable status of leasehold improvements, and (2)
Borough pursue annexation of areas on former military reserva-
tion, presently owned by the State, now being utilized by
�j private commercial interests.
LI 'fr. Peotter stated this would be a stop gap until unification. It
f was pointed out there could be consolidation of many city,
borough and school district departments. Dr. Emmick moved to
acknowledge receipt and express appreciation for this study and
forward to the City and see how this fits into their plans and
await their comments. Seconded by Mr. Peotter. -fr. Ogg moved to
amend that for the next general election Item A 5 be placed on
the ballot. Seconded by Mr. Iiansen. Dr. Emmick stated the city,
as a home rule city, is not ruled by the :;laska Statutes; the
borough could go 1", sales tax areawide and the city could go to
6 Amendment failed 3-3; Mr. Anderson, rlr. Hansen and ?Ir. Ogg
voted YES with Dr. Emmick, Mrs. Kavanaugh and iIr. Peotter casting
:40 votes. !fr. Ogg moved to amend that Item B 1 be placed on the
ballot in proper form. Seconded by Hl,. Iiansen. 'irs. Kavanaug i
stated that the largest part of the XIB budget is the School
District budget and feels this cannot be limited. Amendment
failed 2-4; Mr. Hansen and Mr. O,;g voted YES with -Jr. Anderson,
Dr. Emmick, Mrs. Kavanaugh and Mr. Peotter casting "0 votes.
Hr. Ogg moved to amend that the State of Alaska collect personal
property tax on vehicles (Item 1.. 4). Seconded by Mr. Peotter.
Motion carried by unanimous roll call vote. Fain motion carried
by unanimous roll call vote.
C. Phil Anderson Resignation from P h Z Commission. Mayor `7allin
read the correspondence. _?o action needed. Mayor Wallin directed
that a letter be sent to the City to request a list of names
be submitted to fill this position.
I PUBLIC HEARIAGS
-.. Ordinance 79-20-0 Amending Comprehensive Land Use Plan Rezoning
Lot 2A, USS 3218 from Medium Density Residential to Business
(Assembly -Zimmer). Mayor Wallin read Resolution 79-20-0. _Irs.
Kavanaugh moved for adoption of Ordinance 79-20-0. Seconded
by Mr. Ogg.
Closed regular meeting; opened public hearing.
) 0() 9 2 0 0 7 7 1
bIB ASSEMBLY BOROUGH ASSEMBLY MEETLIG-AUGUST 2, 1979 PAGE 3
;,orna Arndt: Is in favor of the rezoning. Pointed out that
:Ir. Z�imner had been attempting to have this property rezoned
for about five years; other properties had been rezoned but his
excluded.
iir. fnderson: Stated that Tract S-1 had not been rezoned to
industrial but adjoining properties had been and that Ar. Zimmer
had been opposed to this. The chair asked for a vote as to idr.
.Miderson's being included in the discussion and being allowed
to vote on the issue as he was a P & Z member; in tiie P & 7 action
it was stated that action was -taken on the matter ano he si; ;ne.'i the
Sul P & Z resolution. Hotion failed 3-2; Dr. Enrniek, ilrs.
Kavanaugh and Mr. Peotter voted YES; Mr. Hansen and iar. Ogg voted
10 with "Ir. Anderson abstaining.
Closed public hearing; regular session reconvened.
It was stateu rezoning of the property would be'compatible with sur-
rounding area. Motion carried 5-0; Dr. Emmick, Mr. Iiansen, i'rs.
Kavanaugh, Mr. Ogg and Mr. Peotter voted YES with Mr. Anderson
abstaining by his own choice.
B. Ordinance 79-26-0 Rezoning Tract G--1, USS 3218 from Unclass-
ified to Business (Hatfield). Mayor 11allin read the ordinance.
°Ir. Ogg moved for adoption of Ordinance 79-26-0. Seconded by
i1r. Hansen. Closed regular meeting:, opened public hearing.
Jo comments for or against.
Closed public hearing; regular session reconvened. 'lotion carried
5-0; Dr. Emmick, Bir. Hansen, '_irs. Kavanaugh, Mr. Ogg and r1r.
Peotter voted YES with Mr. Anderson abstaining by his own choice.
C. Ordinance 79-28-0 For a Municipal '.fond Proposal for School
Facilities. Mayor read the ordinance. Mr. Hansen moved for
adoption of Ordinance 79-28-0. Seconded by Mr. Peotter. Regular
C meeting closed; public hearing opened.
Louise Collins, president of School Board: Gave report of the
school board special meeting restating their recommendation for
a $29,000,000 bond issue. Dr. E:iunick suggested using main elem-
entary school for a maintenance shop and storage. The renovation
of the building for this purpose will be taken into consideration.
Jim Olson, School Board: Stated there would be no disruption of
classes.. A new building would be in the same site area as the
present school. The state will fund 76 percent of the bond issue
and the borough 24 percent. At present it has not been decided
whether to construct a new building or remodel the present one.
Craig, Bishop: Feels the main school building should not be
destroyed.
Beverly eSims: Is in favor of new construction as remodeling
would ncessitate split shifts for the school children and feels
the programs would suffer, would lose the use of the gym during
the remodeling, and that having junior high and elementary under
one roof is not conducive to education. Is is favor of the
school bond.
Noreen Thompson, pupil personnel and instructional' services...
director: Stated there would be no more teachers but a longer
day with remodeling. The cost would be the.same except for the --
inconvenience to the children.
Lou Santoro, principal of East Elementary: Is against remodeling.
Supports the performing arts center.
Lorna Arndt: Feels the people should have the opportunity to
vote on the bond issue.
Louise Collins: Pointed out that the passage of the bond issue
does not preclude using the shell of the present (old) school
building for maintenance or storage.
1 0 0 0 2 O A 7 7 ?.
I:I: ASSEiFBLY -1I;;'TI.1G-AUGUST 2, 1979 pAG • 4
Closed public hearing; regular session reconvened. Dr. Emmick
moved to amend that of the $29,000,000 at least $6,000,000 be
designated for rural school develourient. Seconded by Ar. Peotter.
Amendment failed 2-4; Dr. Emnuck and Mrs. Kavanaugh voted YES with
Mr. Anderson, Mr. Hansen, Mr. Ogf; and n'. Peotter casti,i,,r ii0 votes.
Mr. Hansen moved to amend that the question be placed on -the ballot
whether the school district (1) renovate the main -junior high
building, or (2) build new schools. Seconded by '!r. Ogg. r. Ogg
moved to amend by substitution to place Proposition 2 on the
ballot to react:
Shall Kodiak Island Borough (_/ Remodel Hain Llementary
and Junior high
or
C7 Construct new buildings
VOTE FOR 014E
Seconded by Mrs. Kavanaugh. Substitute motion failed 3-3; Hr.
Hansen, :Irs. Iavanaugh and Mr. Ogg voted YES with Mr. Anderson,
Dr. Emmick and `Ir. Peotter casting .0 votes. _Irs. Kavanaugh moved
the proposition be changed to read: Section 5. Shall Kodiak
Island Borough incur an indebtedness and— sure general obligation
bonds in an amount not to exceed :29,000,000 for the purpose of:
(1) Construction of a new elementary school, (2) Construction of
a new junior high school, (3) Demolition of the old main and
junior high, (4) Construction of performing and visual arts
center, (5) Construction of maintenance shop and storage space,
(6) Construction of P.E. space at Past Elementary, (7) Construc-
tion of new school at Akhiok, (:;) Construction of village outside
P.E. and playground facilities, and (9) Major maintenance repair
projects, and delete `acquiring property for, planning, designing,
equipping, improving and construction school and related capital
improvements" and add the remainder of Proposition as stated in
Ordinance 79-28-0. Seconded by '4r. Peotter. Motion failed 3-3•
Mr. Anderson, Mrs. Kavanaugh and Mr. Oqg voted YES with Dr. Emmick
lir. Hansen and Mr. Peotter casting id0 votes. Mrs. Kavanaugh moved
to change the amount from *29,000,000 to *162000,000. Died for
lack of a second. Main motion carried by unanimous roll call vote.
VIII OLD BUSINESS
A. Ordinance 79-9-0 Adopting a Comprehensive Park & Recreation
Program & Facilities Plan. Mrs. Kavanaugh moved to remove from
the table. Seconded by Mr. Peotter. Motion carried 5-1; Hr.
Anderson, Mr. Hansen, Mrs. Kavanaugh, Pair. Ogg and 'Ir. Peotter
voted YES with Dr. Emmick casting one I0 vote ('motion is "for
adoptsi.on• of Ordinance 79-9-0): Dr. Lmunick moved to amend to.
change•,the title of th§ document --to Kodiak Metropolitan Area
Comprdhensive:Parks and- Recreation Plan". Seconded by Mr. Tiansen.
Amendment failed 3-3; Dr. Emmick.,.Mv..Hansen and`Mr. Ogg voted'YES
with Wb.:"Afiderson, Mrs. Kavanaugh and Mr.. • Peotter casting NO votes:
Mr. Ogg moved to imend':'by deleting'paragraph 3'5'page'3 and also
to delete^on:page 34'; (paragraph 'cto..insure the provision of ade-
quate recreation facilities in association with new development.
This can be done through the zoning code and subdivision regula-
tions by requiring dedications of receation land in conjunction
with townhouse and planned unit developments and with new sub-
divisions by precluding certain constructions in hazardous zones".
Seconded by Mr. Hansen. Mr. Anderson stated this is not meant
for an individual but for a large development or multiple units
without recreation facilities. P & Z has not rec•!i'ved'reouest,_=d
input from the villages. ilr. 099 a,:�eltCe,i the amend:',. --it to send
back to P & Z and not return to tiie assorcbly until the six villages
are included in this plan. Seconded Ly r. AZdarson. i'Uuenctuent
to the amendment carried by unanimous roll call votc,. Fsnend icnt
to delete failed 2-4; Pir. Hansen and 'r. Og', voted YrS with '`.r.
Anderson, Dr. Emmick, ;Irs. Kavanaugh and fir. Peotter casting, !0
votes. Mr. Ogg moved to table. Seconcleu by !fr. Anderson. -otion
failed 2-4; iir. Anderson anJ Dr. 'jmmick voted YES with ilr. t!ansen,
Irs. Kavanaugh, ;Ir. O-I= an i Hr. Peotter castin,T, , 0 votes: r.
Peotter moved to substitntc this be .ref,-rred back to P & Z until
all portions of the recreation plan pertaining to villages have
been incorporated within the plan. Seconded by _Irs. Kavanaugh.
1 0 0 0 2 0 0 7 7 3
Y.IB ASSEMBLY MEETING -AUGUST 2, 1979
PAGE 5
Motion carried by unanimous roll call vote. Mr. Peotter moved
to recess until 9:30 A.M., Friday, August 3rd. Seconded by Dr.
Emmick. Mr. Peotter moved to amend -the time from 9:30 A.H. to
6:30 P.M., Friday, August 3rd. Seconded by Mr. Ogg. Amended
motion carried 5-1; Mr. Anderson, Mr. Hansen, Mrs. (Cavanaugh,
Mr. Ogg and Mr. Peotter voted YES with Dr. Emmick casting one
NO vote.
Meeting recessed at 11:00 P.M.
Meeting reconvened at 6:36 P.M., Friday 3, 1979
Roll Call: Mr. Anderson arrived at 6:38 P.H.-, all members
present.
VIII OLD BUSINESS
B. Ordinance 79-11-0 Adopting Amended Title 2 of XIB Code of
Ordinances. Mrs. Kavanaugh moved to call from the table Ordinance
79-11-0, (motion to adopt Ordinance 79-11-0). Seconded by Mr.
Peotter. Motion carried by unanimous roll call vote.
Mrs. Kavanaugh moved to amend that Chapters 2.36 through 2.38
be removed from Title 2. Seconded by Dr. Emmick. Amendment
carried 5-2; Dr. Emmick, Mr. Jack, Mrs. Kavanaugh, -Mr. Ogg and
Mr. Peotter voted YES with Mr. Anderson and Mr. Hansen casting
40 votes. tir. Ogg moved to amend that Chapters 2.36 and 2.38
be moved to Title 12, of the KIB Code of Ordinances (Streets
and Sidewalks). Seconded by Mr. Hansen. Mr. Denslow stated
they could be moved to Title 12, 13 (Utilities) or 14 and be
codified. Amendment failed 3-4; Mr. Anderson, Mr. Hansen and Mr.
Ogg voted YES with Dr. Emmick, Mr. Jack, Mrs. Kavanaugh and Mr.
Peotter casting id0 votes. Main motion as amended carrie(l by un-
animous roll call vote. Mr. Peotter moved Chapters 2.36 and 2.33
be moved and codified. Seconded by Pirs. Kavanaugh. Notion carried
6-1; Mr. Anderson, Dr. Emmick, fir. Ilansen, Mr. Jack, firs. Kavanaugh
and Mr. Peotter voted YES with sir. Ogg casting one '10 vote. ;Ir.
Hansen moved to reconsider and spread on the minutes. Iirs.
Kavanaugh stated reconsideration was out of order. Mayor Wallin
directed the manager to get a rulin from the attorney.
C. Ordinance 79-17-0 Budge FY 79-,;0 Veto Items: (1) Secretary
I Assessing Department and (2) Engineering Department. L)r.
Emmick moved that the budget as amended as passed in June by
this assembly be reconfirmed and veto denied. Seconded by Mr.
Peotter. Motion failed 2-5; Dr. Emmick and Mr. Peotter voted
YES with Mr. Anderson, Mr. Hansen, Mr. Jack, 'ors. _:avanaugh and
Mr., Ogg casting JO votes.` (1) Account Ao. 146 - ir. Peotter movei
tocall up Item (1). Seconded by •irs. Kavanaugh. :aotion faile.
3-4; Mr. An :erson, Mr. Hansen and Mr. Ogg vote-1 YES with ir.
Emmick, Mr. Jack, ifrs. Kavanau•an •:int; >Ir. Peotter casting '0
votes. (The motion was to allow for Secretary I position to
be increased to ;; nge 8, Step 5(b) and to take on the duties
of the Assessing Clerk for the one -quarter time with title
to be Assessing Clerk Secretary II.) (2) .lccount io. lit'i -
Mr. Peotter moved to call up Item (2). C'ayor vetoed
Account 1Jo. 148 leaving $50,000 for contract services. Mr.
Peotter moved to override the veto. Ifotion failed.) notion
carried by unanimous roll call vote. (Engineering department
back at $93,333) Mayor said !fr. Garnett stated the budget could
be adjusted to reflect the rent decrease. Mr. Hansen moved to
have Assembly Comments now. Seconded by Hr. OF notion failed
2-5; Mr. Hansen and Mr. OFg voted YES with Mr. Anderson, Or.
Emmick, Mr. Jack, ilrs. Kavanaugh and ir. Peotter casting 10
votes. Mr. Hansen moved to set a special meeting for August 18th
for the purpose setting the mill rate. Seconded by Mr. Ogg.
Motion failed 3-4; "r. Anderson Mr. H. � . , nsen and Mr. Ogg voted YES
with Dr. Emmick, llr. Jack, Mrs. Kavanaugh and Mr. Peotter casting
a0 votes. Dr. Emmick moved the f-till rate be established and
entered on the record on the basis of the budget as amended and
passed, the mill rate to reflect that budget. Seconded by Mr.
Jack. Motion carried by unanimous roll call vote.
1 0 0 0 2 a`' p 7 7 4
KIB ASSE:IsLY dEETI,IG-,`.UGUST 2, 1979 (Recessed to=.ugust 3) PAGE B
b. resolution 79-37-R Providing Space for Legislative Informa-
tion Office and Teleconferencing Site. Payor .1allin read the
resolution. Ers. Kavanaugh moved to call up from the table.
Seconded by 11r. Peotter. Motion carried by unanimous roll call
vote. lirs. Kavanaugh moved 'to substitute the resolution before
us tonight for the one of the June 5th meeting. Seconded by Mr.
Jack. I.lotion carried by unanimous roll call vote. Mr. Anderson
moved to amend to pay rent in the amount of 30 cents per square
foot for FY 80 to be paid monthly and in paragraph 4, line 4
a delete everything after "fiscal year 1980". Seconded by Mrs.
Kavanaugh. Amendment carried 6-1; Mr. Paiderson, Dr. Enimick, 'Ir.
Jack, 'rlrs. Kavanaugh, Mr. Ogg and Mr. Peotter voted YES with Mr.
Hansen casting one NO vote. Clain motion (moved for adoption of
Resolution 79-39-R) as amended carried by unanimous roll call
vote.
E. Royal Large Case. Mayor `Iallin read the correspondence.
Mrs. Kavanaugh moved that Michael Sharon, attorney, be instructed
to file the appellant brief. Seconded by Mr. Peotter. )r.
Enunick moved the previous question be called (to close debate).
Seconded by Mr. Hansen. Motion failed-IL:-2,'. with one abstention,
requires two-thirds vote; Dr.,Ei;nick, Mr. Jack, Mrs. Kavanaugh
and Mr. Peotter voted YES, Iir. Hansen and 1Ir. Ogg cast i10 votes
and Mr. Anderson abstained. Mayor Wallin read a recent opinion
on limitation of debate.
A recess was called .at 7:55 P.M., meeting reconvened at 8:05 P.M.
Mrs. Kavanaugh moved to limit debate to one (1) minute per person.
Motion carried 5-2; Mr. Anderson, Dr. Enunick, Mr. Jack, .irs.
Kavanaugh and Mr. tt voted YE with !fr. Hansen and 'Ir. Opg
casting if0 votes. at 74r. AndeEg9n may ,abs ain
from vote for the next month if he choos s.,� eon cde y r.
Hansen. Mr. Anderson stated he had no background on this case.
Motion failed 3-4; I1r. Anderson, Mr. Jack and firs. Kavanaugh
voted YES with Dr. Emmick, Mr. Hansen, Mr. Ong and i•Ir. Peotter
casting 40 votes. Main motion carried 4-3; Dr. Emmick, lr. Jack,
Mrs. Kavanaugh and Mr. Peotter voted YES with Mr. Anderson, ilr.
Hansen and Mr. Ogg casting AO votes.
F. Expiration Felton Lease on B•-1, Bells Flats Subdivision.
Playor Wallin read the correspondence. Dr. Emmick moved to
affirm the policy as outlined in the last paragraph of the
manager's memo and continue the lease until other arrangements
are made. Seconded by Mrs. Kavanaugh. Motion carried 5-2; Hr.
Anderson, Dr. Emmick, Mr. Jack, Mrs. Kavanaugh and ilr. Peotter
voted YES with 11r. Hansen and Mr. O-g casting :10 votes.
H. Developmental City of Afognak Outlining State Requirements.
ilayor Wallin read the correspondence. Hr. Hansen moved that the
petition be acknowledged and have i•Is. l:atz and/or :Ir. Garnett,
attorneys, review the document and made a review of the Detition
before action is taken. Seconded by Iir. Jack. iir. Denslow
stated that Afognak City could not at a later date opt not to
turn over their planning powers to the borough without the consent
of the assembly. Ms. Katz will receive a copy of these minutes.
Mr. Ogg requests I1s. Katz address what will happen after the
five-year period and their request that a member of KIB and the
planning and zoning staff consult with their planning commission.
inayor Wallin suggested that any assembly member having input into
this document is free to write to the attorney, as on any issue.
Ilotion carried by unanimous roll call vote.
IX M&IAGER'S REPORT
1. Start up meeting for the engineering and planning effort in
Service District No. 1 to prepare the Stage 1 Facilities Plan
was held July 2, 1979. The schedule for the events, KIB Service
District ao. 1 Facilities Plan Project Schedule are as follows:
KIB ASSEMBLY MEETIIIG-AUGUST 2, 1979 (Recessed to August 3) PAGE 7
Start Facility Plan 7-1-79
Public Ilearing on Assessment of .:Alternatives 9-15-79
Draft Facility Plan 10-15-79
Receive Regulatory Comments 11-15-79
Public Ilearing on Selected Plan and EAS 12-15-79
Submit Final Plan for Approval 1-15-30
Submit Step 2 + 3 Grant Application 1-15--80
Receive Ragulatcry Approval of rl:,n 3--15-30
Receive Approval of Step 2 + 3 Grants 3-1-30
Receive Notice to Proceed with Contract
a Documents 7 3-15-30
Submit Contract Documents to Ce gulatory
Agencies for Approval G-15-:10
Receive regulatory Approval of Contract
Docur.:_,nt s 7 •-1-. 0
First Bid .lwertisement 7-15- 0
Open Bids 9-15--50
Award Ccntr-ct 10-15-;0
notice to Pvoc3eC_ 11-1-80
lips. Kavanaugh moved to ac?cnowled,;e receipt of project schr uule.
Seconded by Mr. Peottcr. notion ca-ried 5-2; i1r. Anderon,
�s
Emmic,., .:r. .T- r Mrs. Kavanaugh and Ar. Peotter voted YES with
Mr. Hansen and I::_,. OFr cast_nf, 70 votes.
2. EPA -DEC -ranP Y•ent schedule discussed at e.esc.-: - a.
1. Stale grants or EPA -step 1 projects - 100a payment
un01 Depar entel z_pyraoval of facility plan.
2. .ate grants for EPA step 2 project - 10G;; payment
upon Departmental approval of detailed III—Ino and
specifications.
3. C n t action grants - EPA step 3 and State constructi�,
-_ ant
a. Approval of construction plans and specifications,
eceep',: nce of State ;rant cFfer., award of cons-tructic
ccntract and issuance of notice to proceed - 30%
b. Ccr.scruction certified 25% complete - 55% payment.
L. Construction certified 50':. complete - 80IJ payment.
d. Constvitet:ion certified complete, sc,.rar use ordin-
ance ado-te_1, and fincil cost sum lry submitted --
90' payr.ent.
e. "Udit report completed and accepted - lOCa payment.
All eonstructica grants under '220,000 will be
eligible for payments d and e ahova only.
Mrs. -rc•.nay. h n-ved to ac:cnowled-a receipt of letter from James L.
Dorn, llap.-.rtr•..c of Environmental Conservation, dated July 11,
1979 t•-_th grant payment schedule attached. Seconded by Dr.
li;rmiick. Motion carried by unanimous roll call vote.
3. Letter fro:, IIr. James D=a, announcing a;.: c 7i1 of the
award from the State in the amount of $1,675,432 for the water
portion of Service District I utility. Mr. Of;,a, moved to acl:a :p-
ledge receipt of a letter from the Department of Environriental
Conservation frog: Jc_mec L. Dorn dated July 7, 1970. Seconded
by Dr. Errnick. Notioa carried by unanimous roll call vote.
It. Confidential ammo from general counsel. Requested asGe,nbly
members to note last pararaph and specically the nest to last
sentence of last paragraph. air. Ilansen moved to acknowledge
receipt of _.utter from Thomas F. Klinkner. Seconded by Ar. 0g-.
notion carried by unanimous roll call vote.
a 5. Memo received from the City Engineer regarding the file on
Russell Estates, 1st Addition. The Borough has held a retainer
Of $5,000 to Insure completion cf the ufi12.lity and acceptance of
the utility system in Russell Er:tates, lrt Addition. There is
need for the construction of a manhole at the ex:d of the sewer
line. Recommends this be done, not to exceed $3,000 utilizing,
if possible, the work team of t-ie Church of th^ razarene. Mr.
Hansen moved that $3,CG0 of the $5,000 retainer be granted to the
City of Kodiak to f:i.nic_- that- p:•oject. Seconded by Hr. Ogg.
Seconded by I7r. 0„T. ^Sc _ion ,a_, pied by ur_animcus roll call vote.
G. Letter fron _-L_ - John G. Di ffy, Department of I-Iousin ; and
Urban Develop -ant to Mayor Wa-tlin advising the $50,000 -rant
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1UB ASSEMBLY MEETI1G--AUGUST 2, 1979 (REcessed to August 3) PAGE C
offer has been rescinded in its entirety. Mrs. Kavanaugh moved
to acknowledge receipt of letter from Mr. John G. Duffy, dated
July 30, 1979. Seconded by Mr. Peotter. Motion carried by
unanimous roll call vote.
7. Pointed out that the tax bill are normally due, lst payment
August 15th. Due to the fact the budget has yet to be adjusted
and the mill rate set, recommends the first payment due date be
changed to September 1st and the second payment to ,dovember 15th
per Resolution 79-42-R to be prepared by the Clerk. 11r. Hansen
moved for adoption of Resolution 79-42-R. Seconded by Hr. Ogg.
a Motion carried by unanimous 'roll call vote.
X .4EW BUSIAESS
A. Resolution 79-38-R Setting; Supplemental Due Dates & Delinquent
Dates for Supplemental Real & Personal Property Taxes for 1979.
Mayor Wallin read the resolution. iirs. Kavanaugh moved for adopt-
ion of Resolution 79-3Is-R. Seconded by Hr. Hansen. 'lotion carried
by unanimous roll call vote.
Mrs. Kavanaugh moved that Item X L be moves to after Item X A.
Seconded by Mr. Ogg. Bearing no objection, the chair so ordered.
L. O.E.D.P. Report. Ann Moen made the presentation stating the
committee this year reworked the entire program carrying over
twenty-three projects from last year. iayor Wallin read Resol-
tion 79-31-R. Mrs. Kavanaugh moved, for adoption of Resolution
79-31-R. Seconded by Mr. Hansen. Mrs. Moen stated that input
can be submitted for consideration after this document is
adopted. Mr. Denslow stated it is necessary this document be
certified by EDA but that the document submitted next year will
be the critical one as next year is the presidential election
year and funding should be fortheopii,ig. *.irs. Kavanaugh stated
the committee has recommended that -tire committee be reduced to
nine members; this would facilitate getting* a quorum and is
a within the frame of the committee. Mayor Wallin stated she
would study this with the committee and make recommendations
for a nine member con*nittee at the September meeting.
B. P.ecormiiendation on Ordinance 79--16 •0 - Personnel Board. Mr.
Ogg stated the motion to send back -to the Mental Eealth Board
failed at the June meeting. Mayor T7allin read the communique.
I°[rs. Kavanaugh moved for adoption of Ordinance 79-16-0 at first
reading. Seconded by Mr. Hansen. Hr. Peotter moved to amend
paragraph 3 by dropping the last perioCt and ad -ding the words
'and the Kodiak Island Health Center employees.' Seconded by
i1rs. Kavanaugh. Ajmjndr:ent carrie,. U -1 . Ur. r•nlerson, -r. ::nmick,
ilr. Hansen, Hr. Jack, IIrs. Kavanaugh and Ar. Peotter voted YES
with i1r. Ogg casting one 1,10 vote. Main motion carried 5-2; Mr.
Anderson, Dr. Emmick, Mr. Jack, Mrs. Kavanaugh and Mr. Peotter
voted YES with Mr. Hansen and Mr. Ogg casting '40 votes.
C. Recommendation on Ordinance 79-18-0 - Personnel Board. Mayor
gallin read the correspondence and ordinance. Mrs. Kavanaugh
moved for adoption of Ordinance 79-18-0. Seconded by Mr. Bansen.
!fr. Ogg moved to amend to delete under Section 2, U, V, !•I and X
Seconded by Iir. Hansen. Amendment carried 4-3; Mr. lnderson, iir.
Hansen, Mrs. Kavanaugh and Mr. Ogg voted YES with Dr. Emmick,
Mr. Jack and Mr. Peotter casting ti0 votes. Main motion failed
3-4; Mr. Anderson, Mr. Jack and Mr. O ;g voted YES with Dr. Emmick
Mr. Hansen, Mrs. Kavanaugh and Mr. Peotter casting P10 votes.
D. Recommendation on Deferred Compensation - Personnel Board.
Mayor Wallin read the correspondence. Mrs. Kavanaugh moved that
the Borough set up a deferred compensation plan for the employees.
Seconded by Iir. Hansen. Mrs. Kavanaugh stated this would be a
payroll deduction. Motion carried 6-1; Mr. Anderson, Ar. Emmick,
Mr. Bansen, Mr. Jack, Mr. Ogg and Mr. Peotter voted YES with Mrs.
Kavanaugh casting one id0 vote. Mrs. Arndt stated this will be
administered from.Juneau.
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KIB ASSEMBLY IB:ETI4G-AUGUST 2, 1979 (,recessed to August 3rd) P:GL 9
E. Recommendation on Amendment to Tiealth Insurance Coverage --
Personnel Board. Llayor 'lallin read the correspondence. birs.
Iavanaugh moved that KIB Medical Insurance Coverage be amended
to include the requisite maturnity coverage on the same formula
basis applicable to all other premium costs and that the effect
of "the Assembly decision be made retroactively to October 31, 1978
on the effective date of Public Law 95-555. Seconded by Ar.
Peotter. Mrs. Kavanaugh moved to amend to change October 31, 1978
to August 1, 1979. Seconded by 11r. Peotter. ilrs. Kavanaugh moved
to amend the motion that the communique from Equi-Group be sent to
Rick Garnett to be perused and if they are in order, specifically
re: paragraph 1, interstate commerce and paragraph 4, abortions,
the insurance will become effective August 1, 1979. Seconded by
Mr. Hansen. Seconded amendment carried 5-2; Mr. Anderson, Dr.
Emmick, Hr. Hansen, Ors. Kavanaugh and 11r. Ogg voted YES with "r.
Jack and 1Ir. Peotter casting ,?0 votes. First amendment carried
6-1; Mr. Anderson, Dr. Emmick, Mr. Hansen, _Irs. Kavanaugh, rir.
Ogg and Mr. Peotter voted YES with Mr. Jack casting one O vote.
Main motion carried by unanimous roll call vote.
F. Recommendation on Award of Bids Larsen Bay high School.
Mayor Wallin read the correspondence. Mr. Iiansen moved the award
of bid go to L. B. Anderson/Cooper Construction Company in the
amount of $1,247,000.00, Project Flo. L 03004, contingent upon
review and approval of the bid by the Department of Transportation
and Public Facilities in accordance with the terms of the grant
agreement. Seconded by Mr. Jack. Motion carried by unanimous
roll call vote.
G. State of Alaska Department of Environmental Conservation Pre:
Illegal Dump Sites in Borough. Nayor 'lallin read the correspond-
ence. Mr. Peotter moved this be referred to engineering depart-
ment for a recommendation of review of possible dump sites and
identification and all pertinent information thereto. Seconded
by Mr. Hansen. Mr. Denslow stated the Borough does have this
power. -Kodiak has not been designated a solid waste management
region although designation is inevitable. Motion carried by
unanimous roll call vote.
11. Financial Statement June, 1979. firs. Kavanaughmoved to
acknowledge receipt of Financial Statement June, 1979. Seconded
by Mr. Peotter.
I. Monthly Activities $,_port, June 1979. Mrs. Kavanaugh moved
to acknowledge receipt. Seconded by ,'ir. Iiansen. Motion carried
by unanimous roll call vote.
J. Attorney's Report. Mrs. Kavanaugh moved to acknowledge
receipt. Seconded by Mr. Jack. Motion carried by unanimous
roll call vote.
K. Resolution 79-41-R Conveying Tax Foreclosed Properties Within
the City of Kodiak to the City of Kodiak as Provided in A.S.
29-53.360. Mrs. Kavanaugh moved for adoption of Resolution
79-41-R. Seconded by Mr. Iiansen. Mr. Tubbs has stated these
properties cannot be used for schools. Motion carried by unanimous
roll call vote.
XI MAYOR'S COMMEOTS
1. Mrs. Moen thanked everyone for their consideration of the
O.E.D.P. report.
2. K14XT would like a copy of the rent lease.
3. Read letter from Dale Tubbs regarding land bank and requested
this be placed on the work session agenda for August 18th.
4. Requested the letter from Brechan Enterprises received by
the KIB on June 26th re: option to lease to buy Tract P-1,
Bells Flats AK be placed on the August 18th work session. It
will be on the P & Z agenda August 15th.
S. Refused to sign a check for travel expenses for Dr. Emmick
on July 5th; did not question the remaining $150 expense.
6. Mr. Ogg moved to acknowledge receipt of the second letter
from iir. Denslow dated July 20, 1979 declining renewal of
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KIB ASSEMBLY MEETI-IG-AUGUST 2, 1979 (Recessed to August 3) PAGE 1.9
employment agreement. Seconded by ilr. Hansen. 'lotion carried
6-1, Mr. Anderson, Dr. Emmick, Hr. Ilansen, `ir. Jack, A?r. ORg and
;Ir. Peotter voted YES with Mrs. Kavanaugh casting one '10 vote.
7. Letter from Chief Magnusen re: fire protection for the
borough road system. The borough has a site available for a
fire building. Requested a check be made with state and other
agencies re: financiang of services.
8. Department of Labor Suit. Afo new report.
9. Senior Citizens exemptions. Pointed out this is on real
property not personal property (vehicles).
10. Dust problem on gravelled roads. Staff is taking pictures
of this condition.
11. Mayor appointed Mr. Ogg and 11r. Peotter to sit with her on
a committee composed of three representatives from both the
borough and the city to discuss mutual interest issued. (Ilayor
Stevens and two council members will represent the city). Hrs.
Kavanaugh moved for ratification. Seconded by 11Ir. Hansen. Motion
carried by unanimous roll call vote.
12. Read letter from L. G. Schneider re: awarding of contracts
over $2,500 for school district work and does not fall under
emergency repairs. Requests these jobs be advertised and wants
the opportunity to bid. Mr. Denslow stated the school district
has its own legal base under Title 14 '•.laska Statutes.
XII ASSEMBLY COMMENTS
Mr. Hansen: i4o comments.
Airs. Kavanaugh: Moved the borough clerk be instructed to adver-
tise for applicants for the manager position for KIB immediately.
Seconded by Mr. Peotter. notion carried by unanimous roll call
vote.
2. Stated the budget calls for $25,000 in legal fees; suggests
using restraint in referring matters to counsel.
( j Mr. Anderson: No comments
Il JI Itr. Ogg: 1. Read letter -to City dated August 1 re: Lot 2A,
USS 3098 annexation. Mr. Ogg moved to direct administration
to not keep this property within the service district. Seconded
by 114r. Hansen. Motion failed 2-5; Hr. Iansen and Mr. Ogg votes
YES with Mr. Anderson, Dr. Erunick, Mr. Jack, Mrs. Kavanaugh and
i.r. Peotter casting go votes. Air. Denslow explained a property
can be annexed to the city but this does not change the :)oundaries
of the Service district.
2. Requested status of hospital roof repairs. Mr. Denslow
stated there will be a report forthcoming from the attorney.
3. Asked if the borough had an agreement for road maintenance of
state roads. Air. Denslow stated they do not.
4. Stated he resents the manner in which Mr. Anderson was
appointed to the assembly as he and Air. Hansen had not been in-
formed about a decision to appoint prior to the meeting.
5. Requested status of the high school parking, lot contract.
Mr. Denslow stated the contract is two weeks into construction
with three weeks to completion.
Mr. Hansen: Stated the "muck" condition in the parking lot
pro— ec'— t was placed on the record during the building of the main
n school.
Dr. Lmmick: Made statement re: his return trip to Kodia for the
July 5th meeting. Felt there would not be a quorum and being
discouraged, returned to airport and returned to Idaho.
Itr. Jack: Stated he had initiated the poll as to the necessit
of bringing Hr. Fearn and Dr. Emmick back for the July 5th y
meeting. Realized this was only an opinion, not a vote action.
Mr. Jack left meeting room at 10:55 P.kI.
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YIB ASSEN3LY MEETI,G --AUGUST 2, 1979 (Recessed to August 3) PN•; 11
IIr. Peotter: 1. Requested the manager look into a purpo-rteci
zoning violation on a Spruce Cape property.
Mrs. Kavanaugh left meeting room at 10.57 P.I'..
Mr. Peotter (continued) 2. Iioved that a special election be
held in January to consider unification. Seconded by Dr. E:raaick.
Notion carried 4-1; ;ir. Anderson, Dr. 3nunick, Mr. Hansen, and ;Ir.
Peotter voted YES with IIr. O-.- casting one "0 vote.
XIII AUDIENCE COMi'iENTS
Lorna Lee Arndt: Agrees with Ir. Peotter that unification
studies should be begun now as it is a possible ten-year process.
Feels there are people with experience in this field that would
be able to give assistance.
Charlie Davidson: 1. F.:rnressed concern over the dumping of
semi -raw sewage in the City dump area. Feels this is a health
hazard. Mr. Denslow, stated this a City problem as it is the
City dump.
2. Hr. Denslow, stated that algae blooms appear in the surface
waters in the area also. 11r. Davidson requested DEC and EPA
inspect the site and made a determination as to whether there
is a health hazard, and if so, what can be done about it. Hr.
Ogg so moved. Secondeu by Mr. Hansen. I3otion carried by un-
animous roll call vote.
XIV ADJOURAMEAT
The meeting was adjourned by Mayor 'Jallin at 11:20 P.r1.
ATTEST:
Borough lerk, Actin
11