07/05/19791 1? 2 ' ri 7 3
ISLL.a 70ROUG :i “SSL':sLY - J_^IA JULY J, 107;
I CALL TO ORDER
he meeting was called to order by \iayor ,'etty J. 'Jilin at
6:45 P.M. in the 3orough Assembly Clambers.
II a0LL CALL
Present
i rnold T. ;iansen
dr. Jan Ogg
frs.
3etty J. !'elfin, slayer
CALL TO ORDER
The meeting of
recessed until
layor 3etty J.
II OLL CALL
Present
.ir. Arnold T. l:ansen
Ir. Dan Ogg
:irs. Betty J. ".fallin, '.iayor
July 5, 1979, which due to
tonight, July 6, 1979, was
'fallin at 6:43 P.M. in the
:'absent
Of. Michael :,mmick (vacation)
*Ir. 'iilliam Fearn (out of town)
't:dward Jack (fishin;9
irs. Sandra ltavanaugh (ill)
=Ptr. James Peotter (fishin^)
"to quorum was established.
41r. Jack requested on July 11, 1979 the clerk's comments on
absences be recorded:
Ji•. Lick - to ma'am
Hr. Fearn - one
:Ir. Jack - I talked with him earlier and he said he didn't knoe
but he would possibly be working on the boat or the boat would
be out; if at all possible, he would be here.
o-lrs. Kavanaugh - Sae is ill; her husband called.
Mr. Peotter - I talked with Mrs. Peotter. She told me she ex-
pected him to be in by 4:00 P.M.
Mayor 'fallin stated the meeting would be recessed until 6:30 ?.M.
Friday, July Gth; if no quorum is established, the meeting to be
recessed to 6:30 P.M. Monday, July 9th avid each succeeding night,
except weekends, until a quorum is in attendance.
The meeting was recessed at 6: P.M.
KI3 ASS£MSLY MEETING -JULY 5, 1979 (Recessed to July 6, 1979)
a lack of quorum Bras
called to order by
Assembly Chambers.
Absent
Cr. !ichael `:nick
;:r. "illiam Fearn (out of town)
i'.r. ti.ward Jack (fishing)
sirs. Sandra Kavanaugh (ill)
Sir. James Peotter (fishing)
o quorum was established.
Mayor Heflin stated the meeting would be recessed until , onday,
July 9th at 6:30 P.M. and will be recessed every week night
until she receives the communique from the ittorney General's
office which was mailed today regarding the veto. .\:cording, to
the Attorney Genera's office Ordinance 79 -17 -0 does not become
law until the veto is overridden or until the veto stands. The
recognized action is the veto of the entire budget and also the
veto of the line items within the budget. As of July 1, 1979
the KIt does not have a budget or any monies appropriated for
the fiscal year 79 -80. iayor Yellin rill not sign any checks
for FY 79 -80 until either the veto stands or is overridden.
Checks will be signed for the school budget and for any outstand-
ing bills continued from last year's budget.
!tr. Ogg stated that since there are no funds as of July 1, 1979
and the assembly cannot appropriate them, he feels it is not fair
to the employees of the 'CI9 or to the public and taxpayers that
the employees work without assurance of being paid. Fells to
continue operating under these circumstances could be criminally
liable and feels the borough offices should be closed until the
situation that exists at the present time can be resolved and
requests that this be done.
Mayor ''allin requested this not be done until receipt of the doc-
uments from the Attorney General's office; if they have not arrived
by '!ednesday and the meeting is 'still being recessed, consideratie.
of Ir. 0gg's request will be riven.
IV MINUTES OF PREVIOUS MEETINGS
A. Assembly - Regular - June 7, 1979
B. Assembly - Special - June 16, 1979 (Continued to June 20)
Mr. Hansen moved the minutes of June 7 and June 16, 1979 be
accepted as presented. Seconded by Mr. Peotter. Mr. Ogg
pointed out that in minutes of June 7th on Page 3, Paragraph 3,
Line 7 it should read "Main motion as amended failed 3 -3; ".
This has been corrected. Mr. Peotter moved that Mr. Ogg be
excused for the special meeting of June 16th. Seconded by Mr.
Hansen.. Motion carried by unanimous roll call vote.
V MINUTES OF OTHER MEETINGS
A. School Board - June 11, 1979
B. Mental Health - June 13, 1979
C. P & Z Commission - May 22, 1979
D. O.E.D.P. - April 9 & 23, 1979
Mrs. Kavanaugh moved to acknowledge receipt of the minutes of
the other meetings. Seconded by Mr. Hansen. Motion carried by
unanimous roll call vote.
1 0 0 1? 0 7 5 r
KIB ASSEMBLY MEETING - JULY 5, 1979 (Recessed to July 9, 1979)
CALL TO ORDER
The meeting of July 5, 1979, which was recessed to July 6th
and then to July 9th due to lack of a quorum, was called to
order by Mayor Betty J. Wallin at 6:38 P.M. in the Borough
Assembly Chambers.
II ROLL CALL
Present Absent
Betty J. Wallin, Mayor Dr. Michael Emmick (vacation)
Mr. Arnold T. Hansen Mr. William Fearn(Lv. of absence)
Mrs. Sandra Kavanaugh Mr. Edward Jack (fishing)
Mr. Dan Ogg
Mr. James Peotter
A quorum was established. Mr. Fearn's resignation to be con-
sidered later in the meeting. Dr. Emmick, Mr. Fearn and Mr. Jack
were not excused.
III ACCEPTANCE OF AGENDA
Mr. Ogg moved to add under Communications & Appearances Item 0 -
Jan Siebert Presentation, Alderwood. Seconded by Mr. Hansen.
Motion carried by unanimous roll call vote. Mr. Hansen moved
to place on the agenda under Communications & Appearances Item
H - Public Use Easement, Doubt. Seconded by Mr. Peotter.
Mayor Wallin read the memorandum. Motion carried by unanimous
roll call vote. Mr. Ogg moved to place under Communications &
Appearances Item I - William Fearn Resignation. Seconded by Mr.
Hansen. Motion failed 3 -1; Mr. Hansen, Mr. Ogg and Mr. Peotter
voted YES with Mrs. Kavanaugh casting one NO vote. Mr. Hansen
moved the agenda be accepted as amended. Seconded by Mr. Ogg.
Motion carried by unanimous roll call vote.
VI COMMUNICATIONS & APPEARANCES
A. Letter from Arthur F. Johnson Re: Public Hearing Testimony.
Mayor Wallin read the correspondence. Mrs. Kavanaugh moved that
said hearing (April 30th special meeting, Item 5(e) Benton/
Rasmussen rezoning) was illegal.and the Assembly should schedule
a hearing for next month's agenda. Seconded by Mr. Peotter.
Motion failed 2 -2; Mrs. Kavanaugh and Mr. Peotter voted YES with
Mr: Hansen and Mr. Ogg casting NO votes. Mayor Wallin requested
that any and all letters pertinent to the agenda should be in
her hands before the meeting.
B. Memo from P & Z Commineion Re: Site Plan Approval Hors/
Furin Recreational Development. Mayor Wallin read the corres-
pondence. Phil Anderson, P & Z Commissioner, stated all require-
ments have been met. No action necessary.
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KIB ASSEMBLY MEETING - JULY 5, 1979 (Recessed to July 9, 1979) PAGE 2
C. Memo from P & Z Re: Interpretation of Warehouse Uses in
Business District. Mayor Wallin read the correspondence. No
action necessary.
D. Uncollectible Taxes. Mayor Wallin read the memorandum.
Mr. Peotter moved that the list as presented by the Clerk/
Treasurer be written off. Seconded by Mrs. Kavanaugh. Motion
carried by unanimous roll call vote.
E. Borough General Counsel Report on Kodiak Livestock Property.
Mr. Peotter moved to acknowledge receipt and refer to the July
work session. Seconded by Mrs. Kavanaugh. Mrs. Kavanaugh moved
to amend that a special meeting be held the day of the regular
work sess_on to include an executive session on this matter, the
Kodiak Livestock Cooperative. Seconded by Mr. Peotter. Amend-
ment carried by unanimous roll call vote. Special meeting, in-
cluding an executive session, to be July 21, 1979 at 9:00 A.M.
in the Borough Assembly Chambers. Main motion carried by un-
animous roll call vote.
F. Letter from Yeshi Benyamin. Mayor Wallin read the corres-
pondence. Mr. Peotter moved this item be sent to the P & Z
Commission. Seconded by Mrs. Kavanaugh. It was stated that
only the rezoning section of the letter should be sent to the
P & Z. Mayor Wallin requested a letter be sent to Mr. Benyamin
advising him that the present citizen's committee for Service
District 1 is self - appointed and that if and when the borough
forms such a committee, he will be considered for membership.
Motion failed 3 -1; Mrs. Kavanaugh, Mr. Ogg and Mr. Peotter
voted YES with Mr. Hansen casting one NO vote. Mr. Peotter
moved to refer to the Planning Department for appropriate
action. Seconded by Mrs. Kavanaugh. Motion failed 2 -2; Mrs.
Kavanaugh and Mr. Peotter voted YES with Mr. Hansen and Mr. Ogg
casting NO votes. A copy of the letter to Mr. Benyamin will be
sent to the present citizen's committee.
G. Jan Siebert Presentation, Alderwood. Mr. Jim Payne repre-
sented Mr. Siebert, giving an update on the Alderwood situation.
Stated they now have certificates of occupancy and that finan-
cing at this point is a prime factor. Feels that replatting
would aid in securing financing and should result in much lower
interest rates to the individual owners. Mr. Phil Anderson
stated this is scheduled to come before P & Z at their next
meeting and everything seems to be in order. No action
necessary.
H. Public Use Easement (Doubt). Mr. Phil Anderson reported
that Mr. Doubt now has a letter of public conveyance across the
17 Mr. Peotter moved that the notice attached to Resolution
79 - - concerning the plat of Mr. Doubt be removed. Seconded
by Mr. Hansen. Motion carried by unanimous roll call vote.
VII PUBLIC HEARINGS
A. Ord. 79 - - Adopting a Comprehensive Park & Recreational
Program & Facilities Plan. Mrs. Kavanaugh moved for adoption
of Ordinance 79 - - Seconded by Mr. Hansen. Closed regular
meeting; opened public hearing.
No one spoke for or against the ordinance.
Mayor Wallin read memo from Janet Wente, KANA Director Community
Development & Planning, requesting postponement of approval for
six months in order to get input from the villages.
Closed public hearing; regular meeting reconvened. P & Z feels
there should be a requirement for recreational facilities in
large developments. Mr. Hansen moved to amend to send back to
P & Z for further study and include the outlying cities under
t! B'sough's areawide planning powers outside the greater
urban area. Seconded by Mr. Peotter. Motion failed 3 -
Mr. Hansen, Mr. Ogg and Mr. Peotter voted YES with Mrs. Kavanaugh
casting one NO vote. Mrs. Kavanaugh moved to table. Seconded
by Mr. Peotter. Motion carried by unanimous roll call vote
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KIB ASSEMBLY MEETING - JULY 5, 1979 (Recessed to July 9, 1979) PAGE 3
B. Ord. 79 -21 -0 Amending Comprehensive Land Use Plan & Rezoning
a Tract of Land Adjacent to Boat Harbor. Mayor Wallin read the
ordinance by title only. Mr. Ogg moved to adopt Ord. 79 -21 -0.
Seconded by Mrs. Kavanaugh. Closed regular meeting. opened
public hearing.
Phil Anderson, P & Z Commissioner: Stated to date this area
has been used for storage, aircraft tie downs, et cetera. P & Z
recommends this ordinance be passed to enable future development.
There was no P & Z public hearing.
Kenneth Lester, B.P.O.E.: Letter read by Mayor Wallin. Is
opposed to the ordinance and requests item be tabled for further
study.
Closed public hearing; regular meeting reconvened. Motion failed
2 -2; Mrs. Kavanaugh and Mr. Peotter voted YES with Mr. Hansen and
Mr Ogg casting NO votes.
C. Ord. 79 -22 -0 Rezoning Lands within City of Old Harbor. Mrs.
Kavanaugh moved for adoption of Ordinance 79 -22 -0. Seconded by
Mr. Hansen. Closed regular meeting; opened public hearing.
No one spoke for or against the ordinance.
Closed public hearing; regular meeting reconvened. Motion
carried by unanimous roll call vote.
D. Ord. 79 -23 -0 Rezoning Lands within City of Port Lions. Mrs.
Kavanaugh moved for adoption of Ordinance 79- 23 -0(a). Seconded
by Mr. Peotter. Closed regular meeting; opened public hearing.
Horace Simmons, KANA Housing Authority: Requests action be
postponed as KANA needs additional land rezoned in Port Lions
for a housing project.
Closed public hearing; regular meeting reconvened. Mr. Hansen
moved to amend the main motion to pass and refer back to P & Z
for amendment for additional rezoning. Seconded by Mrs.
Kavanaugh. Amendment passed by unanimous roll call vote.
Main motion carried by unanimous roll call vote.
E. Resol. 79-26-R KMXT Lease (Antenna Site). Mrs. Kavanaugh
moved for adoption of Resolution 79 -26 -R. Closed regular meet-
ing; opened public hearing.
Bill Glynn, Kodiak Public Broadcasting Corporation: Recommends
approval.
Closed public hearing; regular meeting reconvened. Mr. Ogg
moved to amend the motion by substitution to substitute Res.
79 -26 -R with Res. 79 -35 -R. Seconded by Mr. Hansen. Substitu-
tion carried by unanimous roll call vote. Regular meeting closed
public hearing opened on Res. 79 -35 -R.
Bill Glynn, KPBC: Urged assembly to pass Res. 79 -35 -R as time
is of the essence.
Closed public hearing; regular meeting reconvened. Main motion
failed 3 -1; Mr. Hansen, Mr. Ogg and Mr. Peotter voted YES with
Mrs. Kavanaugh casting one NO vote. Mr. Ogg moved to reconsider
and place on the minutes of the July 21st special meeting.
Seconded by Mr. Peotter.
VIII OLD BUSINESS
A. Ord. 79 -11 -0 Adopting Amended Title 2 of KIB Code of Ords.
Mrs. Kavanaugh moved to remove from the table Ord. 79 -11 -0.
Seconded by Mr. Hansen. Motion carried by unanimous roll call
vote. Mr. Hansen moved to retable to the August meeting.
Seconded by Mr. Ogg. Motion carried by unanimous roll call
vote.
Meeting recessed at 8:15 P.M. and reconvened at 8:33 P.M.
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KIB ASSEMBLY MEETING - JULY 5, 1979 (Recessed to July 9, 1979) PAGE 4
RE: VII E. Mr. Ogg with the consent of the second, Mr. Peotter
withdrew his motion to reconsider and spread on the minutes of
the July 21st special meeting. Mrs. Kavanaugh moved to recon-
sider Resol. 79 -35 -R. Seconded by Mr. Ogg. Motion carried by
unanimous roll call vote. Original substitution motion carried
by unanimous roll call vote.
B. Ord. 79 -17 -0 Budget FY 79 - 80. Mayor Wallin explained that
Mrs. Kavanaugh's amendment to the motion to approve Ord. 79 -17 -0
that passed was to cut all travel by reduction of ten percent in
all five departments; amendment that passed to cut the Economic
Planner salary to 14,296 per year; amendment that passed that
support services be reverted to the budget in original form.
Mayor Wallin stated main motion as amended has been passed;
total budget was vetoed by the mayor on June 7, 1979. Mayor
Wallin read a communique from Attorney Garnett Re Scheduling
Meetings and Effect of Veto; her letter dated July 5, 1979
directed to the assembly members; and read the Clerk /Treasurer's
memo dated May 7, 1979. Requested from the manager a copy of
any new rules governing revenue sharing public hearings. Mr.
Ogg listed some discrepancies he had found in the budget figures.
These were explained by the clerk /treasurer. Mayor Wallin re-
clined her veto on the entire budget. Mayor Wallin made cuts
and increases as follows:
140 Expenditures - Legislative, .01 Mayor travel and per
diem cut to $2,000, .03 Assembly travel and per diem cut
to $3,000, Mr. Ogg moved to change .05 Post Audit by add-
ing $1,000. Seconded by Mr. Hansen. Motion failed 3 -1;
Mr. Hansen, Mr. Ogg and Mr. Peotter voted YES with Mrs.
Kavanaugh casting one NO vote. This budgeted item .05
Post Audit remains at $35,000. Account 140 reduced by
$6,000. 141 Legal Department .01 Attorney Fees cut to
$25,000; Account 141 reduced by $25,000. 142 Capital &
CIP Expenses - .01 Furniture & Fixtures cut to -0 -, .02
Machinery & Equipment cut to $3,000. Mr. Hansen moved
that $3,000 be earmarked for needed electrical repair work.
Seconded by Mr. Ogg. Motion failed 2 -2; Mr. Hansen and Mr.
Ogg voted YES with Mrs. Kavanaugh and Mr. Peotter casting
NO votes. Account 142 reduced by $12,386. 143 Manager's
Department - .01 Borough Manager cut to $48,525, .02 Ad-
ministrative Assistant cut to $17,248. Mr. Ogg moved that
Account 143.02 be titled Administrative Assistant. Second-
ed by Mr. Hansen. Motion failed 0 -3; Mr. Hansen, Mr. Ogg
and Mr. Peotter voted NO with Mrs. Kavanaugh abstaining.
ESC;'PICA, Group Insurance and Retirement to be adjusted
to meet changes. .10 Professional Development cut to
$2,000, .12 Office Supplies cut to $2,000, .13 Telephone
& Telegraph cut to $2,000, .14 Repairs & Maintenance cut
to $2,000, .24 General Government Expense cut to $500.
Account 143 reduced by $15,081 plus fringe benefits &
tax difference. 144 Clerk- Treasurer's Department - re-
moved the veto; Mr. Hanson moved that under Account 144.05
Extra Help /Overtime be budgeted *10,500. Seconded by Mr.
Ogg. Motion failed 2 -2; Mr. Hansen and Mr. Ogg cast YES
votes with Mrs. Kavanaugh and Mr. Peotter casting NO votes.
Remains at $500, .10 Professional Development. Mr. Hansen
moved that under 144.10 be budgeted $4,000. Seconded by
Mr. Ogg. Motion failed 2 -2; Mr. Hansen and Mr. Ogg cast
YES votes with Mrs. Kavanaugh and Mr. Peotter casting NO
votes. Remains at $3,500. The Clerk /Treasurer's budget
shall remain at the original approval on June 7th. 145
Contingencies - .01 Contingencies cut *25,000 to -0 -,
Account 145 reduced by $25,000. 146 Assessing Department
- .03 Assessing Clerk cut to -0 -; Mr. Ogg moved to allow
for Secretary I position to be increased to Range 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. Seconded by Mr. Hansen. Motion
failed 2 -2; Mr. Hansen and Mr. Ogg voted YES with Mrs.
Kavanaugh and Mr. Peotter casting NO votes. Mr. Peotter
moved for reconsideration and spread on the minutes.
Seconded by Mr. Ogg. Adjust ESC, FICA, Group Insurance
and Retirement to reflect change, .10 Professional
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3IB ASSEMBLY ` ?EETING - JULY 5, 1 (Recessed to July ^ 1979) PAGE 5
Development cut to 32,500, .16 Travel and Per Diem cut to
$2 000, .21 Professional Services cut to 1 1500. Account
146 reduced by $7.586 plus fringe benefits and tax
differences. 147 Planning & Community Development Depart-
ment - .02 Economic Development Planner cut to - - .04
Secretary III -9A cut to $15,257.28, .045 Secretary I cut
to -0 -, .05 Extra Help /Overtime cut to $500, ESC, FICA,
Group Insurance and Retirement adjust to reflect changes,
.10 Professional Development cut to $2,500, .12 Office
Supplies cut to $3,000, .13 Telephone & Telegraph cut to
$1,500, .15 Advertising /Public Hearing cut to $3,500, .16
Travel & Per Diem cut to $5,000, .17 Auto Allowance
(2 persons) cut to $2,880, .21 Professional Services cut
to $4,000, .22 Maps cut to $4,000, .23 Report & Publica-
tion cut to $2,500, .27 Relocation Expense cut to -0 -.
Account 147 reduced by $58,513 plus fringe benefits & tax
differences. 148 Engineering Department - vetoed account
148 leaving $50,000 for contract services. Mr. Peotter
moved to override the veto. Seconded by Mrs. Kavanaugh.
Motion failed 3 -1; Mr. Hansen, Mrs. Kavanaugh and Mr. Ogg
voted YES with Mr. Peotter casting one NO vote. Mr.
Peotter moved to reconsider and spread on the minutes.
Seconded by Mr. Ogg. 149 Health & Sanitation - removed
veto. Mr. Ogg moved to place $10,800 into 149 from Federal
Revenue Sharing for KCA. Motion died for lack of a second.
Support Services - Position salary cut to $17,248, ESC,
FICA, Group Insurance and Retirement adjust to reflect
changes, Professional Services cut to $2,000 (this refers
to Data Services); OCS Council cut position salary cut to
$17,248, ESC, FICA, Group Insurance and Retirement adjust
to reflect changes, Auto Allowance -0 -, Professional
Services cut to $2,000. Mr. Hansen moved to transfer Data
Services and OCS Council to the Manager's Department and
Joint Forum /O.E.D.P. transfer to the Planning & Community
Development Department. Seconded by Mr. Ogg. Motion
failed 2 -2; Mr. Hansen and Mr. Ogg voted YES with Mrs.
Kavanaugh and Mr. Peotter casting NO votes. Mr. Ogg moved
that under Support Services there be two categories, (a)
Data Services and (b) OCS Advisory Council in order to
make it easier to read the budget. Seconded by Mr. Peotter.
Mr. Peotter moved to amend by taking Joint:Rvruni /O.E.D.P.
and making it category (c). Seconded by Mr. Ogg. Amend-
ment carried by unanimous roll call vote. Main motion
carried by unanimous roll call vote. Mayor Wallin vetoed
the 6.5 mills to reflect what the budget will total after
all adjustments have been made. Item B Special Revenue
Funds - dropped veto and asked consideration to put $10,800
to KCA and the balance of the Revenue Sharing Funds be put
to swimming pool repair or parks & recreation purposes.
Mrs. Kavanaugh moved to take $10,800 and transfer to KCA.
Seconded by Mr. Ogg. Motion carried by unanimous roll call
vote. Mr. Ogg moved to appropriate from Federal Revenue
Sharing funds $16,800 to KMXT for the purpose of paying
rent. Seconded by Mr. Hansen. Mrs. Kavanaugh moved to
table. Motion to table died for lack of a second. Main
motion failed 3 - Mr. Hansen, Mr. Ogg and Mr. Peotter
voted YES with Mrs. Kavanaugh casting one NO vote. Mr.
Ogg moved not to designate the balance of the Federal
Revenue funds at this time. Seconded by Mr. Peotter.
Motion carried by unanimous roll call vote. It was pointed
out that assembly line item approval within departments is
already on the books. Mr. Peotter moved $10,800 be taken
from Federal Revenue Sharing and be appropriated to the
Health & Sanitation for KCA. Seconded by Mr. Ogg. Motion
carried by unanimous roll call vote. Mr. Denslow explained
that in order to put the Borough building on a paying basis,
rents have been raised based on the going market rent rate.
Recess called to 10:20 P.M.: meeting reconvened at 10:30 P.M.
Mayor Wallin requested to go into an executive session for the
purpose of review of the Manager's contract and to reconvene at
6:30 P.M. tomorrow night; if no quorum, continue on through the
week until the agenda is completed. Mrs. Kavanaugh moved the
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KIB ASSEMBLY MEETING - JULY 5, 1979 (Recessed to July 9, 1979) PAGE 6
meeting be reconvened at 6:30 P.M. on July 18th. Seconded by
Mr. Peotter. Motion failed 1 -3; Mr. Peotter voted YES with Mr.
Hansen, Mrs. Kavanaugh and Mr. Ogg casting NO votes. Mrs.
Kavanaugh moved for reconsideration and place on the minutes.
Motion died for lack of a second. Mr. Ogg moved to go into
executive session. Seconded by Mr. Hansen. Motion carried
by unanimous roll call vote. Executive session adjourned at
10:55 P.M. Meeting to be recessed to 6:30 P.M. July 10th.
KIB ASSEMBLY MEETING - JULY 5, 1979-(Recessed to July 10, 1979)
CALL TO ORDER
The meeting of July 5, 1979, which was recessed to July 6th and
July 9th due to lack of a quorum, then recessed to July 10th,
was called to order by Mayor Betty J. Wallin at 6:37 P.M. in
the Borough Assembly Chambers.
II ROLL CALL
The same members, Mr. Hansen, Mrs. Kavanaugh, Mr. Ogg and Mr.
Peotter, in attendance at the July 9th session were present.
A quorum was established.
VIII OLD BUSINESS (Continued)
C. Review Manager's Contract - Executive Session. Mr. Peotter
reported the assembly had received a letter of resignation
effective December 2, 1979 at the expiration of the contract
of Mr. Denslow. Mr. Peotter moved to accept the letter of
resignation. Seconded by Mrs. Kavanaugh. Motion carried by
unanimous roll call vote. Mr. Ogg explained his motions under
Assembly Comments re the manager's contract at the June 7th
meeting.
D. KANA Cottage Lease - Resolution 79 -39 -R. Mayor read corres-
pondence, a draft resolution and a request for renewal for the
KANA use permit. There have been several other requests for
the use of the cottages. Dr. Pam Baglien, Mental Health,
requested use of the cottages for developmentally disabled
young adults in conjunction with the school. The program has
been in effect for several years; now they need additional
space. Dr. Anttonen explained this is a cooperative program
with KANA, School District and Mental Health Center. This
provides service for handicapped persons so they will not have
to be institutionalized. It was suggested that the resolution
be changed in the fourth paragraph, line two to read "negotiated
renewal use permit". No action taken. Mr. Denslow stated the
Borough is responsible for the major maintenance of the cottages.
Mrs. Kavanaugh moved for adoption of Resolution 79 -39 -R.
Seconded by Mr. Peotter. KANA has budgeted approximately
$14,000 for the maintenance of the buildings. Mr. Peotter moved
to amend the resolution, under paragraph 4 to read: "Now
Therefore, the KIB Assembly authorize a three year extension of
the current use permit with KANA to provide " Seconded
by Mrs. Kavanaugh. Mrs. Kavanaugh moved to amend the amend-
ment, there being another paragraph after "program ", by adding
another paragraph to read: Further, that $15,000 will be
budgeted each year for major maintenance projects. Seconded
by Mr. Peotter. Mr. Denslow stated the resolution can be used
as an attachment to the use permit. Amendment to the amend-
ment carried by unanimous roll call vote. Amendment carried
by unanimous roll call vote. Main motion carried by unanimous
roll call vote.
IX MANAGER'S REPORT
1. Distributed the preliminary report of the Pillar Mountain
Geotechnical Committee. This is the first program report.
2. Distributed copies of the Afognak Development City proposal.
There are approximately five thousand acres and no residents
in this proposal.
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KIB ASSEMBLY MEETING - JULY 5, 1979 (Recessed to July 10, 1979) PAGE 7
3. Day Care Assistance program. The application has been
filed and approved for $75,000. Letters have gone out to the
School District, Mental Health Board and the Womens Resource
Center. The Womens Resource Center is interested and is in-
vestigating the program. The grant was effective July 1, 1979
and it is necessary to employ someone immediately for a one-
half time position. The cost to the Borough will be approxi-
mately $11,300. Approximately 54 children are served per week.
Mrs. Kavanaugh moved that no action be taken until a subcontrac-
tor is found for the program. Seconded by Mr. ? eotter. Motion
failed 1 -3; Mrs. Kavanaugh voted YES with Mr. Hansen, Mr. Ogg
and Mr. Peotter casting NO votes. Mr. Hansen moved that the
borough assembly appropriate the funds to administer the Day
Care Program out of the balance of the Federal Revenue Sharing
to the extent of $11,500. Seconded by Mr. Cgg. Motion failed
3 -1; Mr. Hansen, Mr. Ogg and Par. Peottc,_ voiced YES with Mrs.
Kavanaugh casting one NO vote. h',_•. r.gg moved to reconsider
and spread on the minutes at the July 21st cpec_al meeting.
Seconded by Mr. Hansen.
4. Stated the Borough has five projects, the Service Roads &
Trails program, the High School parking lot, the new bids on
the hospital for the construction of the contract for which
the contract with Neal & Co. was severed, Larsen bay School
project and the Ouzinkie School project, in varing stages of
construction representing in excess of $3,000,000 and at present
is without engineering services. The Borough is obligated to
provide engineering services as part of the local contribution.
This matter of the engineering department will be reconsidered
at the August 2nd meeting.
6. Community Development Block grant. Mayor Wallin read a
memorandum from Mr. Denslow tc the Mayor and Assembly re the
HUD grant of ,)90,000. Stated there had noc been a response to
the letter of May 8th. Mayor Wallin read letter from Mr.
Denslow to Mr. Jerome Duffy stating the borough clerk was acting
manager at that time and the application was not his responsibil-
ity. The final application deadline was June 18th. Extension
to the filing deadline has been requested with no response to
date. Requested direction. Mrs. Kavanaugh moved that the
Borough at this time fill out the applications and send them
to HUD immediately. Seconded by tr. Peotter. Mr. Denslow
stated this application involves two weeks time3 suggested the
clerk /treasurer's off.'_ce assume the restonsibility as he has
been designated by the assembly as fac ±ties coordinator for
the two school projects. Motion carried by unanimous roll call
vote. -'The Mayor suggested the planning department prepare the
full application.
7. Advised of a lawsuit filed against KANA by an individual
with respect to a personal injury accident which occurred in
the apartment complex on which KANA has a use permit. The
Borough 1s named a party in the liability on that case. Mr.
Peotter moved that the borough attorney be directed to contact
the KANA attorney by letter to apprise that we are aware of
this issue. Seconded by Mr. Hansen. Motion carried by un-
animous roll call vote.
RE 6. Mayor directed that HUD grant be written by the manager
and he ask Mr. Milligan to sit in to learn to write grants.
RE 7. Stated the KANA use permit provides for borough liability
insurance.
8. Mike Sharon has represented,the Borough on the SeaLand case.
Advised the Borough has prevailed in court on the SeaLand case
haying won on all points including attorney's fees and court
costs. Stated Mr. Sharon should be complimented as this is a
precedent setting case on all of Alaska.
9. Service District letters. Special counsel, Jim Crane was
authorized in June to reply to the City of Kodiak regarding the
detailed response of the Borough to the City's letter of April
11th. Recommends authorization for the final typing of the
letter of recommendation and the forwar,:_ng to the City. Re-
capped a letter dated today from the C_ty Manager on this matter.
Mrs. Kavanaugh moved th'_a item be scheduled fol. he special
) 1 1 1 2 r) 7 5
KIB ASSEMBLY MEETING - JULY 5, 1979 (Recessed to July 10, 1979) PAGE 9
meeting of July 21, 1979. Seconded by Mr. Ogg. Motion carried
by unanimous roll call vote.
10. Stated that the Felton gravel lease on B -1 will expire on
August 3. To date there is no Bells Flats development plan and
the lease is up for consideration. Mrs. Kavanaugh moved that
the Felton lease on B -1 be given a six -month extension on the
lease. Seconded by Mr. Peotter. Motion withdrawn with the
consent of the second. Since the date of the August meeting is
before the expiration date, this item will be placed on the
July work session and the August 2nd meeting.
11. Explained that the Smokeater in the assembly chambers was
purchased for $1,095 three years ago. The City of Kodiak has
expressed an interest in acquiring it since the Borough is no
longer using it. Mrs. Kavanaugh moved that the Smokeater be
offered to the City for $500. Seconded by Mr. Peotter. Motion
carried by unanimous roll call vote.
12. Stated that OCS Advisory Council representatives had
intended to report back to the Assembly on the LNG plant tour
in Kenai but they are out of town. This will be done at the
earliest possible moment.
RE 8. Mrs. Kavanaugh, in reference to the SeaLand case, moved
that a letter be sent to Mr. Sharon commending him on a Job
well done. Motion carried by unanimous roll call vote.
X NEW BUSINESS
A. 1st Rdg. Ord. 79 -24 -0 Amending Sec. 6 of Title 2 KIB Code
of Ordinances Relating to the Deletion of Monashka Bay from
Monashka -Mill Bay Service Area & Changing the Title of the
Service Area to Read Spruce Cape - Island Lake Service Area.
Mayor Wallin read the ordinance by title only. Mrs. Kavanaugh
moved for adoption of Ord. 79 -24 -0 at first reading. Seconded
by Mr. Peotter. Mr. Denslow stated the Borough does not yet
have a certification letter from DEC and EPA that all matters
of surface and ground water pollution have been abated and the
policy position might be in Jeopardy. Mrs. Kavanaugh moved to
table. Seconded by Mr. Peotter. Motion to table failed 2 -2;
Mrs. Kavanaugh and Mr. Peotter voted YES with Mr. Hansen and
Mr. Ogg casting NO votes. Main motion failed 2 -2; Mr. Hansen
and Mr. Ogg voted YES with Mrs. Kavanaugh and Mr. Peotter
casting NO votes.
B. 1st Rdg. Ord. 79 - - Creating a Five -Man Elected Board
for Bells Flats /Russian Creek Service Area. Mayor read Ordinance
by title only. Mrs. Kavanaugh moved for adoption of Ord. 79 -25 -0
at first reading. Seconded by Mr. Peotter. Motion carried by
unanimous roll call vote. Mr. Denslow was directed to notify
the citizens of Bells Flats of the ordinance. Mr. Ogg moved to
have the second reading and public hearing at the special meet-
ing of July 21st. Seconded by Mr. Peotter. Motion carried by
unanimous roll call vote.
C. 1st Rdg. Ord. 79 -26 -0 Rezoning Tract 01, USS 3218 from Un-
classified to Business (Hatfield). Mayor Wallin read ordinance
by title only. Mrs. Kavanaugh moved for adoption of Ordinance
79 - - Seconded by Mr. Peotter. Motion carried by unanimous
roll call vote.
D. 1st Rdg. Ord. 79 -20 -0 Amending Comprehensive Land Use Plan
Rezoning Lot 2A, USS 3218 from Medium Density Residential to
Business' (Assembly /Zimmer). Mayor Wallin read ordinance by
title only. Mr. Ogg moved to adopt Ordinance 79-20 -0 at first
reading. Seconded by Mrs. Kavanaugh. Motion carried by unani-
mous roll call vote.
E. 1st Rdg. Ord. 79 -28 -0 For a Municipal Bond Proposal for
School Facilities. Mayor Wallin read ordinance by title only.
Mrs. Kavanaugh moved for adoption of Ordinance 79 - - Seconded
by Mr. Peotter. Ordinance will be retyped in proper form for
second reading. Motion carried by unanimous roll call vote.
Dr. Anttonen explained the school board's action on the bond
1 1 ) ., 1 n 7
KIB ASSEMBLY MEETING - JULY 5, 1979 (Recessed to July 10, 1979) PAGE 9
joint Board
F. Resol. 79 -34 -R Calling for a Proposition to be Placed on
the Ballot aWhetherrcorbNotR the 1 1(13 Shall t Purpose
RetaintheManager Form
Determining
of Government. Mayor Wallin read the resolution by tit12 on y•
Mr. Ogg stated that at this time he felt the people would be
voting on an individual rather than the position. Mrseconded
Kavanaugh moved for adoption of Resolution 79-34-R. *1rs
by Mr. Hansen. Motion 0-4 with
casting NO
Kavanaugh, , M Mr. Ogg and Mr.
an Antenna Site. Takenhccareiof Negotiated to KMXT for
H. Resol. 79-36 -R KEA Request for Powerline Easement. Mayor
Walin oflResolutionh79 -36 R. seconded by Mr. Hansen. Motion adoption
carried
by unanimous roll call vote.
I. Resol. 79 -37 -R Providing Space for Legislative Information
nly. Mr.
Office and Teleconferencing Site. Read by title o nlyondMr by
Hansen moved for adoption of Resolution 79-37-R.
Mr. Ogg. Mrs. Kavanaugh moved to amend in paragraph four to
delete all after BE IT FURTHER RESOLVED and to read "the State
Secondedaby Mr. Peotter. tMrs.1K vanaughbmovedd o to pay rent in toamendd area."
the
Leasing Office Space o for i the State Legislative Informationg
n
title to read Office /Teleconferencing Site" and in paragraph three, line two
delete "allocate" . and substitute table. "lease". Mr. Hansen.
Peotter. Mr. Ogg
Motion carried by unanimous roll call vote.
J. P & Z Recommendation on Welborn Borrow Site Lease of
Tract B -2. Mrs. Kavanaugh moved to table toMthe Aug m
Seconded by Mr. Peotter. Motion failed 2 -2;
Mr. Peotter voted YES with Mr. Hansen and Mr. Ogg casting NO
votes. It was explained that Mr. Welborn had attempted to renew
triedatoarenewhinpJune, 1978 and r had efollowed p proper procedures. roper time.
Felt P & Z was not Mrs. Itivanaugh moved that l
that theborrow site t
lease since
Russell Welborn be returned to P & Z for a hearing on the
subject cwi with eMMr. Welborn
rnoin attendalle. Seconded by Mr. Hansen.
Motion K. Cooperative Agreement for Park Development -Land Management
Consultant Mrs. Kavanaugh ovedatoo Mayor read
Seconded by Mr. Peotter. Motion carried by unanimous roll call
vote.
L. Borough Counsel Response to Hospital Liability Quesstion.
This was in answer to a request from the Assembly.
Kavanaugh moved that copies of the policies be turned over to
Mr. Garntt for his Seconded Mr. Peotter. Motion carried tby Borough is
unanimousroll protected.
call
vote.
t . Alderwood Project Report. rs. Kavanaugh moved he $100 payment in lieu ofthe fine and the Borough tdismisst
the case. Seconded by Mr. Peotter. Motion carried by unanimous
roll call vote.
0. Financial Statement of May 1979. Mrs. Kavanaugh moved to
Secondeddby receipt Peotter. Then Clerklwasa asked to find 1979.
find out the
Seconded by
details of an expenditure under contingencies and report to
Mr. Ogg and the mayor. Motion carried by unanimous roll call
vote.
"Recessed to J__Y 10, 1979) PAGE 10
�L „ h n T 5 7 1979'
gig AS�EI�mLY MEETING - JL �
P. School District Budget Report May 1979. Mrs. Kavanaugh
oved to acknowledge receipt School o District unanimous
i
t Report
May 1979. Seconded by Mr. Ogg.
Q. Attorney's Monthly Reports. Mr. Ogg moved to acknowledge
roll call vote.
receipt of the Attorney's Monthly reports. Seconded by Mr.
Hansen. Motion carried by unanimous roll call vote.
U.S. Senator; han
f. Stated Y the BCongressman; Ted and
Stevens, to assist of thanks
XI MAYOR'S COMMENTS
from am n nd, Governor, for the communications re the Dog Bay
Jay Hammond,
o, Stated of Kodiak for non -
Harbor. kin 3
objection e he 0%ty n tforlLot 2A,U S
Mrs. Ka Kavanaugh 10mo annexation petition . en nde opinion
Mrs. Kavanaugh moved to voice non-objection. Seconded by r•
Mrs. Kavanaugh moved to amend adding in the op our
of g,
Seconded by Mr. Peotter. Amend -
of our attorneys there is no P recedent setting
mentacal for non-objection". na ousr
tent carried by unanimous rOCranecall
and Ms. Denslow stated motion
carried this is d Under review
us roll Mr. c rent in the
carried by unanimous roll call vote.
3. Read letter from City of Kodiak re increase in
borough building. Mr. Denslowtstatedihe has fdi discussed
discussions
this
matter with the City Manager;
with a report made to the Assembly.
4. Stated the City of Kodiak had asked the Borough to consider
the National Flood Insurance Progunrogr am. Since action is this item taken tonight,
tabled at the last as,
Program. h w
N omaction was taken. ors' Touch Football
5 his item dies.
5. Read invitation to participate in May
game in Seward on September 15th.
Mrs. Kavanau h: 1XII ASSEMBLY COMMENTS 1. Moved a resolution proprhied for the
proposition to be put
my ca lling 21st special meeting biting
on this eon bylot p
prohibiting the sale p of fireworks to be u the
K Mrs Mr. Pe Motion failed it
Kavanaugh, Mr. Ogg M M Ogg a and Mr. r. Pe otter Y
voted YES with Mr. Hansen
casting one NO vote.
Mr per: None
Mr. Hance: None - problem on
Mr. 0 Pointed out that there is a great dust p
M 11 Bay Road cotributed to
auto atsiroadsareoalllol/
Rffeced Road, P Suggested staff take photos of this
aondited by this problem. the stae re-
quedttion to ving of these roads. The °mayor nsoodirectedtthis be
queatin8 P postage
done. policy that the KIB P
m
2. achine bead used only borough business. machine bd used orly
i, Stated the Borough
case. MayorlWallintrecommended appeal
Large put
in the Royal se
.4. Moved that the manager respond to individual assembly rand
on the August 2nd meeting. Ogg
Mr. Hansen. Motion failed 3-1; Mr. Hansen,
mayor, requests as well as those from the body as a whole. gh casting one NO
Seconded P eo
and Mr. tter voted YES with Mrs. Kavanau
be given the same
aacourtesiesall assembly members and herself
1
xIII AUDIENCE COMMENTS Corporation
did not budget for the increased rent for KMXT space and cannot
They do not receive janitorial service, repairs or
pay it.
1 1 1 1 2 1 7 5 r.
KIB ASSEMBLY MEETING - JULY 5, 1979 (Recessed to July 10, 1979) PAGE 11
ventilation in the Borough winter or
Asks
reconsideration.
Dave Thompson, General Manager of KMXT: Concurs with Mr. Glynn.
Tom off and system of
con is a rip -
consultants.
Charlie Davidson: Director of KMXT: Concurs with Mr. Glynn
and Mr. Thompson.
Mr. Ogg moved to reconsider and spread on the minutes Seconded
KMXT rental at the special meeting of July 21, 1979.
by Mr. Hansen.
XIV ADJOURNMENT
The meeting was adjourned by Mayor Wallin at 9:45 P.M.
ATTEST
Borough/Clerk , Acting
Borough Jay r
ITEM X N. Audit Report KIB Hospital 1978. Mrs. Kavanaugh moved to
acknowledge receipt of the audit report of KIB Hospital 1978.
Seconded by Mr. Peotter. Mayor requested a report from the
hospital board within sixty days. Motion carried by unanimous
roll call vote.