04/04/1980 Regular MeetingKIB ASSEMBLY MINUTES - APRIL 4, 1980
(cont. from April 3, 1980)
PAGE 6
The Meeting reconvened at 6:30 P.M. in the Borough Assembly Chambers.
Mayor Betty J. Wallin presiding.
ROLL CALL
Present Absent
Mr. Phil Anderson
Mr. Pat Cannon
Mr. Dave Herrnsteen
Mr. Edward Jack
Mr. Dan Ogg
Mr. James Peotter
Mrs. Betty J. Wallin
A quorum was established.
VII PUBLIC HEARINGS (cont.)
A. Ord. No. 80-7-0 Creating A Seven -Member Elected Board for Service
District One of the Mill Bay - Monashka Service Area (2nd Reading)
Mr. Cannon moved to adopt Ord. No. 80-7-0. Seconded by Mr. Ogg.
Regular Session closed:
Public Hearing opened: No Response
Public Hearing closed:
Regular Session opened:
Mr. Ogg moved to amend Ord. No. 80-7-0 by adding the phrase "who are
qualified voters" after the word "residents" in Section 1, Line 1.
Seconded by Mr. Cannon.
Mr. Cannon moved to amend the amendment by adding the words "is
established" after the word "Area" in Section 1, Line 2.
Seconded by Mr. Ogg.
The amendment to the amendment carried by unanimous roll call vote.
The amendment carried 5-1 with Mr. Herrnsteen casting the NO vote.
The main motion to adopt Ord. No. 80-7-0, as amended, carried by
unanimous roll call vote.
B. Ord. No. 80-9-0 Changes in Zoning Dealing with Unclassified Zones
(2nd Reading)
11r. Ogg moved to adopt Ord. No. 80-9-0.-Seconded by Mr. Anderson.
Regular Session closed:
Public Hearing opened: No Response
Public Hearing closed:
Regular Session opened:
Mr. Herrnsteen moved to table Ord. No. 80-9-0. Seconded by Mr. Anderson.
Motion failed to table 3-3 with Mr. Jack, Mr. Ogg and Mr. Peotter casting
the NO votes.
Mr. Jack moved to amend Ord. No. 80-9-0 by deleting 17:12:010 E. and
17:12:030 B.. Seconded by Mr. Anderson. Motion failed 3-3 with Mr.
Cannon, Mr. Herrnsteen and Mr. Peotter casting the NO votes.
Mr. Ogg moved to amend Ord. No. 80-9-0 by adding "Section 1:" in front
of 17:12 and add "Section 2:" after the word "Delete" at the bnftom;
also .add (a) All references to (U) be Shan ed to R-R) in the Borou h
Code and b All zonin maps with areas desi nated U be changed to (R-
Seconded by Mr. Peotter. Amendment carried by unanimous rol lca 11 vote.
Mr. Cannon moved to reconsider the motion to delete E. & B. Seconded by
Mr. Anderson. "lotion carried 5-1 with Mr. Herrnsteen casting the NO vote.
KIB ASSEMBLY MINUTES - APRIL 4, 1980
(cont. from April 3, 1980)
PAGE 7
Mr. Anderson moved to table Ord. No. 80-9-0 to a work session.
Seconded by Mr. Herrnsteen. Motion failed 3-3 with Mr. Cannon,
Mr. Ogg and Mr. Peotter casting the NO votes.
Mr. Jack moved to amend the Ordinance by deleting E. and B. under
Section 1. Seconded by Mr. Anderson. Unanimous roll call vote.
The motion to adopt Ord. No. 80-9-0 as amended carried by unanimous
roll call vote.
IX MANAGERS REPORT
1) Bid for clearing of the Chiniak School Site
Mr. Anderson moved to accept Cessna Brothers Trucking bid of $14,891.00
for grubbing at the Chiniak School site. Seconded by Mr. Peotter.
Motion carried 4-1 with Mr. Ogg casting the NO vote. (Mr. Cannon was
excused at 7:50 P.M. because of burglar alarm going off.)
2) Memo from David C. Crowe re: School Generation
(Larsen Bay, Ouzinkie, Port Lions & Old Harbor)
Information only.
Mr. Anderson requested the Borough Manager to see if someone locally
could be found to design it.
3) Borough Lands Disposal (Memo from Borough Engineer & Planning Director)
Mr. Herrnsteen moved to proceed with Items 1 and 2 and refer Item 3 to
a work session. Seconded by Mr. Jack. Unanimous voice vote.
4) Payment of Hospital Audit 1978 ($6,537.17)
Mr. Anderson moved that the bill be paid as presented. Seconded by Mr.
Cannon. Unanimous voice vote. (Mr. Cannon returned at 8:00 P.M.)
5) Letter from Captain B.S. Beach re: Lease of Bldg. 152 & Vacating of
Bldg. 102
Mayor requested the following before the work session: (19th or 26th)
a) The use of Bldg. 152? (definite or indefinite use)
b) Estimated value of items?
c) How much cubic storage?
Mr. Herrnsteen suggested asking Judge Madsen about someone to help
move the items.
6) City Personal Property Taxes
Mr. Ogg moved to close discussion. Seconded by Mr. Anderson.
Motion carried 5-1 with Mr. Peotter casting the NO vote.
Mr. Anderson moved to instruct the Borough Manager to negotiate with
the City on the one cent ($.O1) or twenty percent (20%) of sales tax
in lieu of personal property tax from day forward. Seconded by Mr.
Cannon. Motion carried 5-1 with Mr. Jack casting the NO vote.
Mr. Peotter moved that the Clerk be authorized to remit to the City
the seven (7) mills of $1,663,255.00 as per the negotiation on
April 12, 1979 signed by Stuart Denslow. Seconded by Mr. Jack.
Unanimous roll call vote.
7) Oiling of Roads - Dust Control
The manager is to contact tor. Clair Harmony.
8) Service District I Status Report
Report back on rate study.
3 i .!
R '1 j t
KIB ASSEMBLY MINUTES - APRIL 4, 1980
(cont. from April 3, 1980)
PAGE 8
9) Conversation with Rep. Zharoff and he wanted to know if the Assembly
would be receptive to flat out four million dollars to build a school
at Chiniak, a school at Ahkiok, a school at Karluk and four hundred
thousand dollars for finishing the needed work at Ouzinkie.
Mr. Ogg moved to support Rep. Zharoff in his proposal. Seconded by
•1r. Peotter. Motion carried by unanimous roll call vote.
X NEW BUSINESS
A.(1) John Parker, Kodiak J.C.'s, re: Mini -Park (Lot 29, USS 3099)
Mr. Peotter moved that the Assembly pass this, subject to approval by
P & Z, if not approved it will come back to the Assembly with the
reason as to why it is not approved. Seconded by Mr. Jack.
Unanimous voice vote.
A. Res. No. 80-19-R Establishes Board of Equalization Dates for the
1980 Original Tax Assessment Valuation Roll
Mr. Jack moved to accept Res. No. 80-19-R. Seconded by Mr. Cannon.
Unanimous voice vote.
B. Appraisal of Gravel Material (Section 18.60.060 KIB Code of Ordinances)
Mr. Ogg moved that the minimum unit price for pit run gravel, as measured
in the bed, is fifty cents (50f) per cubic yard and fifteen cents (15¢) per
cubic yard for rock blasted from bedrock. Said prices are established per
section 18.60.060 of the Kodiak Island Borough Code of Ordinances.
Seconded by Mr. Cannon. Unanimous voice vote.
C. Larsen Bay & Old Harbor Water Proposals
The Engineer will follow-up on this and report back.on a work session.
D. FMA Agreement - Al Whitehead
Mr. Anderson moved to continue the agreement with Mr. Whitehead until
such time as the Manager feels his services are no longer needed.
Seconded by Mr. Ogg. Unanimous voice vote.
E. Financial Disclosure & Conflict of Interest - City of Kodiak Ordinance
Mr. Ogg moved to adopt Ord. 80-20-0 in'.the first reading.. Seconded by
Mr. Peotter.
Mr. Ogg moved to change five thousand to one thousand throughout the
Ordinance. Seconded by Mr. Herrnsteen. The amendment carried 4-2 with
Mr. Anderson and Mr. Cannon casting the NO votes.
The main motion as amended carried by unanimous roll call vote.
F. Ord. No. 80-16-0 Amending the Class Title and Pay Range Table of the
KIB Personnel Rules and Regulations (1st Reading)
Mr. Ogg moved for adoption of Ord. No. 80-16-0 in the first reading.
Seconded by Mr. Peotter. Unanimous voice vote.
G. Ord. No. 80-17-0 Providing For The Issuance of $12,100,000 General
Obligation School Construction Bonds Of The Borough and Fixing
Details of Said Bonds (First Reading)
Mr. Jack moved for adoption of Ord. No. 80-17-0. Seconded by Mr. Ogg.
Mr. Herrnsteen moved to amend Ord. No. 30-17-0 to read Main Elementary -
new or renovate; Junior High - renovate. Seconded by Mr. Ogg..
Unanimous voice vote.
The main motion as amended carried by unanimous voice vote.
i
KIB ASSEMBLY MINUTES - APRIL 4, 1980
(cont. from April 3, 1930)
PAGE 9
H. Ord. No. 80-18-0 Amending Title 17 Of The KIB Code Pertaining To
Offstreet Parking, Offstreet Loading and Setback Requirements (lst Reading)
Mr. Ogg moved for adoption of Ord. No. 80-18-0. Seconded by Mr. Anderson.
Unanimous voice vote.
I. Ord. No. 80-19-0 Amending KIB Code Title 17 To Reorganize The Residential,
Unclassified and Conservation Use District Regulations and Related Defini-
tions And Conditional Use Standards (1st Reading)
Mr. Peotter moved to adopt Ord. No. 80-19-0 in the first reading. Seconded
by Mr. Anderson. (Mr. Cannon left at 10:00 P.M.)
Mr. Ogg moved to table Ord. No. 80-19-0 to work session. Seconded by
Mr. Herrnsteen. Unanimous roll call vote.
J. Budget Line Item Adjustment (Planning Dept.)
Mr. Anderson moved to transfer $2,500 from Maps account to Advertising and
Public Hearings account. Seconded by Mr. Jack. Unanimous voice vote.
K. Memo from John Anttonen re: Facility Art Work & Contract
Mr. Anderson moved to accept the committee's recommendation of Jim Evenson,
from Kenai. Seconded by Mr. Jack. Unanimous voice vote.
L. School District Report of Revenue & Expenditures for February 1980
Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Ogg.
Unanimous voice vote.
M. February Financial Statement
Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Ogg.
Unanimous voice vote.
XI MAYORS COMMENTS
1) Dr. Emmick re: reimbursement:
Mr. Peotter moved to authorize the Clerk to write a check in the amount
of $481.86 for travel reimbursement. Seconded by Mr. Jack. Motion failed
2-3 with Mr. Jack and Mr. Peotter casting the YES votes.
2) OCS Council Members: Hank Pennington, Chairman Tony Perez
Hank Eaton Charles Evans
Harry Milligan
Mr. Jack moved to reappoint the OCS Advisory"`Council for three year terms.
Seconded by Mr. Peotter. Unanimous voice vote.
3) Work Session scheduled for Apr•19 changed to Apr.26, 1930.
The morning of Apr.19 will be spent reviewing applications of Managers
and writing specs regarding drawing up contract.
4) Unification is coming up on the ballot in the October election.
XII ASSEMBLY COMMENTS
Mr. Anderson: Inquired as to whether the other occupants in the Borough
building were paying their rent and utilities.
Would like to see the Manager or Clerk come up with an
estimate in the budget for cleaning the Borough grounds and landscaping.
Would like to have the Manager ask Mr. Tubbs to check on
the status of USS 3467 to see if we can get control of it.
Would like to have an ordinance drawn up or an addition to
this ordinance that "any contract over $3,000 have a minimum of 50% bid
bond with it and anv bids out out fnr huildingc a atr "lin have s ecs
, Contract
nance
p
e Procedure,
KIB ASSEMBLY MINUTES - APRIL 4, 1980
(cont. from April 3, 1980)
PAGE 10
Mr. Peotter: Moved to acknowledge receipt of proposed School Budget.
Seconded by Mr. Anderson. Unanimous voice vote.
Mr. Herrnsteen: Would like to get some kind of an efficiency study
re: making the school buildings more energy efficient. The heating
bills continue to go up.
Would like to have a work session with the School
Board to review school buildings.
Would like the Attorney to go through Ordinance 80-19-0
to interpret what would or would not be legal with fishing gear.
Expressed regret to the families & friends of the crew
lost on the Cloverleaf.
Mr. Jack: Felt that a letter should be drafted and sent to Terry Miller
requesting support in helping us with our land problems. We should solicit
more friends in Juneau.
Mr. Ogg: Would like for the Borough to put an ad.'in:the newspaper on
Monday advertising the Teleconference with the Governor on April 9, from
6:00-7:00 P.m. and that the Borough supports this kind of communication
between the residents and the Governor's Administration. Would also like
to list certain topics in the advertisement that the Borough feels are
important ones i.e., paving of roads, boat harbor expansion, local
issuance of fishing permits, Terror Lake Dam hydro power and Kodiak as
bottomfish center. (Directed the Clerk to have it published)
Briefly outlined Mr. Millers report of his visit to Kodiak
and what he forwarded to the Governor's office.
Wrote a letter to the Governor and Lt. Governor thanking them
for cleaning up Fort Abercrombie.
Inquired of the Borough Engineer, information regarding progress
on finding an alternative dump site.
Letter from Chamber of Commerce re: appointment of Mayor Wallin
to the Chambers Board. Don't really feel that it's the role of government
to participate in the Chamber of Commerce as a member of the Board of
Directors or in any way at all. Would like to send a letter saying that
we do not care to participate as a member of the Board of Directors or as
a member of the Chamber of Commerce.
Mayor Wallin disagreed. She felt a close working relationship between the
Borough and Chamber would not cause any problem.
Mr. Jack agreed with Mr. Ogg.
Mr. Peotter support that the Borough does take advantage of this offer and
participate in the Chamber.
Mr. Anderson agreed that anything the Borough can do to get the community
a little closer together would be a good thing.
Mr. Herrnsteen welcomed the offer but felt it would be better if it were
not a voting seat.
Mayor Wallin directed the Manager to write a letter to the Chamber of Commerce to see
if the Manager could sit as a non -voting member. And report back to the work session.
Would it be possible to change the word mill rate to the word
percentage since it seems to be confusing to the public?
Mr..Ogg.moved to request an Executive Session to discuss personnel
matters and land litigation. Seconded by Mr. Peotter. Voting delayed 5 min.
Mayor Wallin appointed Dave Herrnsteen as Deputy Mayor until Arnie Hansen
returns to his seat on the assembly.
Mr. Ogg moved to have a Special Meeting for an Executive Session on April 19
at 9:30 A.M. to discuss manager proposals. Seconded by Mr. Peotter. Unanimous
voice vote.
Motion carried by unanimous roll call vote on Mr. Ogg's motion for Executive
Session.
KIB ASSEMBLY MINUTES - APRIL 4, 1980 PAGE 11
(cont. from April 3, 1980)
The Assembly went into Executive Session at 12:05 A.M..
The Assembly returned from Executive Session at 1:30 A.M..
The purpose of the Executive Session was to discuss personnel and the
court case with Mr. Large over property in Bells Flats.
The manager is to negotiate with Mr. Large over the land in the court case.
On personnel matters, it was suggested.that:the Manager proceed with what
ever direction he desires to go.
Mr. Ogg moved to grant Mr. Hansen a gratuity in the amount of $1,800.00 for
the time he served as manager, while Mr. Hovanec was preparing to leave.
Seconded by Mr. Herrnsteen. Motion carried by unanimous voice vote.
XIII ASSEMBLY COMMENTS
XIV ADJOURNMENT
The meeting was adjourned by Mayor Wallin.
Borough 1Ar
ATTEST:
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