08/02/19791 !) 1 ' 2 ' r) 7 5 ci
<ODIAK ISLAAD BOROUGH ASSEMBLY MEETING - AUGUST 2, 1379
(:: Verbatim Record is on File in the Clerk's Office)
I CALL TO ORDER
The meeting was called to order by Mayor Petty J. qallin at
6:32 P.M. in the Borough Assembly Li:ambers.
II ROLL CALL
Present ibsent
:petty 3. lallin, aayor 'ir. and Jack - excused (fishing)
Mr. Phil Anderson (arr. 6:42)
Lr. :iichael Emmick
dr. Arnold Hansen
Lirs. Sandra Kavanaugh
Hr. ilan Ogg
Mr. James Peotter
ar. Hansen moved to allow Hr. Anderson two hours to appear.
Seconded by Hr. Ogg. Motion carried 4 -1 with Dr. i:mmick casting
one -TO vote. Mr. Hansen moved that ih'. Jack be excused. Seconded
by Mr. Peotter. notion carried 4 -1 with ':r. Org casting one .10
vote. A quorum was established.
III ACCEPTANCE OF AGENDA
Added to Agenda: VI B Tax Study Report
VI C Anderson Ltr. of l esignation from P 6
X K KIB 79 -41 -.R Tax Foreclosed Properties
Hr. Ogg moved to add these items to the agenda. Seconded by Mr.
Hansen. Hrs. Kavanaugh moved to amend to add the 0.E.D.P. Report
under .:ew Business X L. Seconded by Mr. Peotter. Amendment
carried by unanimous roll call vote. Hain motion carried by
unanimous roll call vote. Ars. Kavanaugh moved that Item G be
moved to VI A(2). Seconded by Mr. Hansen. Mtion carried 4 -1:
ilr. Emmick, Mr. Hansen, firs. Kavanaugh and r ?r. Peotter voted YES
with Mr. Ogg casting one JO vote. Mrs. Kavanaugh moved for
acceptance of the agenda as amended. Seconded by Mr. A.Insen.
?potion carried by unanimous roll call vote.
IV MMINUTES OF PREVIOUS MEETINGS.
A. Assembly - Regular -July 5, 1979 (Recessed to July 6, 9, G 10)
D. Assembly- Special -July 21, 1979
Peotter moved for acceptance of Items A 6 B. Seconded by LT.
Emmick. .)lotion carried by unanimous roll call vote.
V :iI:JUTES OF OTHER MEETINGS
A. P 6 Z Commission -June 20, 1979 (Continued to June 21)
Mr. Peotter moved for acceptance of Item A. Seconded by Hrs.
Kavanaugh. Motion carried by unanimous roll call vote.
VI :.(1) 6 (2). Letter from Gary Stevens Re: City Lease L^_reement and
rUIXT Rent (was VIII G). iiavor Wallin read correspondence.
Ur. Anderson arrived at 6:42 P.M.
Mrs. Kavanaugh moved to remove from the table the question of
KIXT rent. Secon.:eu by Ir. Hansen. (Motion to appropriate from
federal revenue sharing funds 515,300 to K::XT for the ouroose of
paying rent). Motion carried by unanimous roll call vot.:. Mr.
Ogg moved to d lete 'for t n o f -
e____ .,r . a ,;ursse of pavi::•- rent'. S -sonde :.
by •d'• Hansen. The reasoning for'setting up the new ren scale
was to do away with discrimination in rental rates and to set up
a fund for building maintenance. It was Generally felt that
y1.20 per square foot was coo ;lilt'.
The assembly voted 4 -1 (Mrs. :Cavanaugh voted :0) to non - objection
to hearing input from representatives of <:TXT, :CIB School ?oar.! ani
the teleconferencing service.
Bill Glynn, KP3C; Dave T.:omnson, General ilana, er of H "X7 -, nary Jc.
Simmons, teleconferencing service, and Louise .:Quips, chairman of
HI3 School 'Board spoke arainsc tut raise in office snace rental.
:.r. Ogg movea to table to a work session. Secorn ed by ir. : Tansen.
i!otion fail =_v 2 -h n„ Vv,' ..,4tu
1 ') l I 2 '1 0 7 7 0
KIB ASSEMBLY MEETING- AUGUST 2, 1979 PAGE 2
Anderson, Dr. _^nick, Hrs. Kavanaugh and ar. Peotter casting :0
votes. I;rs. . :avanaugh moved by substitution that the rents he
reduced from x1.20 per square foot to 50 cents per square foot
for FY 30. Seconded by ilr. Peotter. ?lotion carried 4-2, ; r.
Anderson, 'r. Trnmick, Hrs. Kavanaugh and ;Ir. Peotter voted YFS
with :1r. Hansen and Ir. Ogg casting '0 votes. 1r. Ogg moved to
reconsider and spread on the minutes. Died for lack of a second.
Meeting recessed at 7:55 P.n. and reconvened at 3:10 P.M.
3. Tax Study Report. Lou Schneider presented recommendations:
A.(1) 3orough -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) 3orough - Reduce mill rate on real 6 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) 6 (2) (350,000)
Tax gain from (5) 550.000 in city 750,000
200,000 outside
:4et 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)
3orough pursue annexation of areas on former military reserva-
tion, presently owned by the State, now being utilized by
private commercial interests.
'Ir. Peotter stated this would be a stop gap until unification. It
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. Jr. Ogg :coved to
amend that for the next general election Item A 5 be placed on
the ballot. Seconded by Mr. Hansen. '_m. Eramick stated the city,
as a i3ome rule city, is not ruled by the Alaska Statutes; the
borough could go 1 sales tax areawide and the city could go to
51:. Amendment failed 3 -3; Mr. Anderson, Jr. Hansen and :ir. Ogg
voted YES with Dr. 'mmick, Mrs. Kavanaugh and fir. Peotter casting
NO votes. .1r. Ogg moved to amend that Item 3 1 be placed on the
ballot in proper form. Seconded by MI Iiansen. 'Tn. :Cavanaugh
stated that the largest part of the ,(I3 budget is the School
District budget and feels this cannot be limited. Amendment
failed 2 -4; Mr. Hansen and Mr. Ogg voted YES with Ar. Anderson,
ur. Emmick, Hrs. Kavanaugh and Mr. Peotter casting HO votes.
Mr. Ogg moved to amend that the State of Alaska collect personal
property tax on vehicles (Item , "). 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 6 Z Commission. Mayor !allin
read the correspondence. :'a actiof, needed. Mayor Ha1iin directed
that a letter be sent to the City to request a list of names
be submitted to fill this position.
I PUBLIC HEARI.GS
A. Ordinance 79 -20 -0 'Mending Comprehensive Land Use Plan Rezoning
Lot 2A, USS 3218 from ?tedium Density Residential to Business
(Assembly - Zimmer). %iayor "!allin 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.
r
1 1 1 2 1 r) 7 7 1
Id ASSEMBLY BOROUGH ASSEMBLY IIEETL`.G-:.UGUST 2, 1979 P'GE 3
..orna Arndt: Is in favor of the rezoning. Pointed out that
:Ir. 'simmer had been attempting to have this property rezoned
for about five years; other properties had been rezoned but his
excluded.
;'r. Anderson: Stated that Tract S••1 had not been rezoned to
industrial but adjoining properties had been and that . ir. 'Ammer
had been opposed to this. The chair asked for a vote as to (
Anderson's being included in the dismission and ieinr allo�:e.l
to vote on the issue as he was a r 8 Z member in t.ie ? a action
it was stated that action was taken on the - ..otter anc: he si ne, tae
P E Z resolution. lotion failed 3 -2. ")r. Ermick, inns.
Kavanaugh and iir. Peotter voted YES, i ir. Hansen and ::r. 0c�g voted
JO with :Ir. Anderson abstaining.
Closed public hearing; regular session reconvened.
It was states: rezoning of the property would be•compatible with sur-
rounding area. Motion carried 5 -0; Dr. Emmick, ar. Hansen, Jrs.
Kavanaugh, Mr. Ogg and Mr. Peotter voted YES with Hr. i.nderson
abstaining by his own choice.
B. Ordinance 79 -26 -0 Rezoning Tract G -1, USS 3218 from Unclass-
ified to Business (Hatfield). layor Wallin read the ordinance.
Ir. Ogg moved for adoption of Ordinance 79 -26 -0. Seconded by
iir. Hansen. Closed regular meeting; opened public hearing.
10 comments for or against.
Closed public hearing; regular session reconvened. notion carried
5 -0; Dr. Emmick, iir. Hansen, 'Irs. Kavanaugh, t ?r. Ogg and dr.
Peotter voted YES with nr. Anderson abstaining by his own choice.
C. Ordinance 79 -28 -0 For a Municipal .'•ond Proposal for School
Facilities. trayor read the ordinance. Mr. Hansen moved for
adoption of Ordinance 79 -28 -0. Seconded by Er. Peotter. Regular
meeting closed, public hearing opened.
Louise Collins, president of School Goard: Gave report of the
school board special meeting restating their recommendation for
a S29,000,000 bond issue. Dr. Emmick 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 Oason, School Board: Stated there would be no disruption of
c as ses.. A new building would be in the same site area as the
present school. The state will fund 7G percent of the bond issu;;
and the borough 24 percent. At present it hap not been leci
whether to construct a new building or remodel the present one.
Craig Bishop: Feels the main school building should not be
destroyed.
Beverly Sims: Is in favor of new construction as remodeling
would necessitate 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 9 ? 1 fl 7 7
.dth FSSE"3LY :IL. TIJG- e,UGUST 2, 1375 2 T.
Closed public hearing, regular session reconvenes.
move:: to amend that of the :29,000, at least “,003,:10d w_
cesi;nated for rural school develour >_nt. Seconded by ir. ?cotter.
Amendment failed 2 -4; Dr. Emnick and Mrs. Cavanaugh voted Y1_S siith
itr. Anderson, Mr. Hansen, Nr. Ogg ane hr. Peotter castiA.; -.0 votes.
Mr. hareem moved to amend that tae question be placed on the ballet
whether the school district (1) renovate the '.ain- junior high
building, or (2) build new schools. Seconded by 07g. 'r. Og
moved to amend by substitution to place Proposition on the
ballot to read;
Shall Kodiak Island Borough Q Remodel .fain Ilementary
and Junior ::igh
or
C7 Construct new buildings
VOTE FOR 04E
Seconded by Mrs. Kavanaugh. Substitute motion failed 3 -3; hr.
Hansen, Mrs. Kavanaugh and Ur. 09g voted YES with itr. tn1erson,
Ur. 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 insure ;general obligation
bonds in an amount not to exceed .129,000,000 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,
(3) Construction of P.E. space at East Elementary, (7) Construc-
tion of new school at Akhiok, ( ;) Construction of village outside
P.E. and playground facilities, and (^) 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 Av. Paotter. ;lotion failed 3 -3;
! Mr. Anderson, Mrs. Kavanaugh and ar. 0-g voted YES with Jr. Emmick
Air. Hansen and Hr. Peotter casting 110 votes. Mrs. "avanaugh moved
J to change the amount from ;.29,000,000 to :'_6,000,000. pied 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 8 Facilities Plan. Mrs. Kavanaugh moved to remove from
the table. Seconded by Ur. Peotter. Potion carried 5 -1; Air.
Anderson, 'rir. eiansen, Mrs. Kavanaugh, Mr. 07g and ' *r. Peotter
voted`YES with Dr. Emmick casting one to vote (motion is "for
adopta.on•of Ordinance 79'O -0)-: Dr. cmmick moved to amend to"
change,the title of this document' - Kodiak Metropolitan Area
Comprehensive:Parks and. Recreation Plan'. Seconded by Mr. Hansen.
Amendment failed 3 -3; Dr. Emmick, Mr. I :ansen and'iir. Ogg voted YES
with NSt:..Anderson, Mrs. Kavanaugh and Mr..Peotter casting NO votes:
Mr. Ogg moved to amend 'by deleting'paragraph 3; and also
to delete on:page 34; paragraph 'Lto._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 S Z arAs not r-_c,jVed rc.'uest d
input from the villages. Jr. Ogg a,.:a, e .d the aHendii rt to send
back to P & Z and not return to the ::nbly until the six villa ^es
are included in this plan. Seconued iy "r. 'aderson. Amendment
to the amendment carried by unanimons roll call vot " mendment
to delete failed 2 -4: :;r. Hansen an ;I r Ogg voted YrS with "r.
Anderson, Dr. T'mmick, :Irs. Kavanaugh .and rr. Peott.tr casting 0
votes. ;ir. 01.;R roved to table. Secomle. by .'r. -.n '..arson. : otion
failed 2 -4: Anderson anJ Jr. runick vot YES with :Ir. :ansen,
Ars. Kavanaugh, ir. 07y ani air. Peotter castin^ 0 votes. r.
Peotter noved to substitute this ba r.,ferre.' tack to P E Z until
all portions of the recreation plan pertaining to villages have
been incorporated within the plan. Secoideu1 by irs. Yavanaugh.
1
) 1 1 1 9 . I 7 7
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. Hr. Peotter moved to amend the time from 9:30 A.;i. to
6:30 P.M., Friday, August 3rd. Seconded by Mr. fl g. Amended
motion carried 5 -1; Mr. Anderson, Mr. Jansen, : 'irs. :Cavanaugh,
Hr. Ogg and Mr. Peotter voted YES with Dr. Emmick casting one
: ;o vote.
Meeting recessed at 11:00 P.M.
Meeting reconvened at 6:36 P.M., Friday 3, 1979
Roll Ca11: Mr. Anderson arrived at 6:38 P.M. all members
present.
VIII OLD BUSINESS
B. Ordinance 79 -11 -0 Adopting Amended Title 2 of RIB 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.
Hrs. 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. ! tansen casting
,f0 votes. Hr. Ogg moved to amend that Chapters 2.36 and 2.33
be moved to Title 12, of the KIB Code of Ordinances (Streets
and Sidewalks). Seconded by Mr. Hansen. Jr. 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 Hr.
Ogg voted YES with Dr. Emmick, Mr.- Jack, Hrs. Kavanaugh and Er.
Peotter casting ;d0 votes. Main motion as amended carrie C. by un-
animous roll call vote. Mr. Peotter moved Chapters 2.36 and 2.33
be moved and codified. Seconded by sirs. Kavanaugh. Motion carried
6 -1; Mr. Anderson, Dr. Emmick, Ir. Hansen, Or. Jacl :, ifrs. :(evanauph
and dr. Peotter voted YES with 'ir. Ogg castin7 one ':0 vote. ' r.
Hansen moved to reconsider and sprea6 oe the minutes. Ors.
Kavanaugh stated reconsideration was out of order. Hayor ' lallin
directed the manager to get a rulinf; from the attorney.
C. Ordinance 79 -17 -0 Budge FY 71 O Veto IL=ms: (1) Secretary
I Assessing Department and (2) Engineering Department. Jr.
Lmmick moved that the budget as amended as massed in June by
this assembly be reconfirmed and veto denied. Seconded by Hr.
Peotter. Notion failed 2 -5; Dr. ETmick and iir. Peotter voted
YES with Mr. Anderson, Mr. Hansen, Mr. Jack, Mrs. :: avanaugh and
Mr. Ogg casting .tO votes. (1) Account Jo. 146 - Jr. Peotter move_
to call up Item (1). Seconded by :.rs. Kavana:r lotion faile.
3 -4; Mr. Am:arson, Mr. Hansen and Mr. Ong vote: YES with ,r.
Emmick, Mr. Jack, Ors. Kavanaugh im.. Jr. Peotter casting 0
votes. (The motion was to allow for Secretary I position to
be increase.: to 2 nge H, Sten 5(b) and to take on tha duties
of the Assessing Clerk for the one- quartur time with title
to be Assessing Clerk Secretary II.) (2) .',ccount :o. 143 -
Hr. Peotter moved to call up Item (2). (7:wor vetoed
Account lo. 148 leaving $x50,000 for contract services. Mr.
Peotter moved to override the veto. Motion failed.) Motion
carried by unanimous roll call vote. (Engineering department
back at $93,333) Mayor said ;(r. Garnett stated the budget could
be adjusted to reflect the rent decrease. Hr. Hansen moved to
have Assembly Comments now. Seconded by Mr. Ogg. ;lotion failed
2 -5; Mr. Hansen and Ur. Ogg voted YES with Mr. ^nderson, 'r.
Emmick, Mr. Jack, Mrs. Kavanaugh and ir. Peotter casting '0
votes. Hr. Hansen moved to set a special meeting for August 13th
for the purpose setting the mill rate. Seconded by Mr. Ogg.
Notion failed 3 -4; :",r. Anderson, Hr. H and Mr. Opg voted YES
with Dr. Emmick, Hr. Jack, Mrs. Kavanaugh and Hr. Peotter casting
, i0 votes. Dr. Emmick moved the will 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 a
Jack. Motion carried by unanimous roll call vote.
J
1
1 0 1 12 1 1 7 7 A
KI3 1,SSE.L,LY 1 IELTI.IG -1 UGUST 2, 1979 (R, to . -ugust 3) P ;•GE
esolution 79 -37 -R Providing Soace for Legislative Informa-
tion Office and Teleconferencing Site ;'o.yor . ' -allin read the
resolution. iss. Kavanaugh moved to call up from the table.
Seconded by !Ir. Peotter. lotion carried by unanimous roll call
vote. firs. Kavanaugh moved to substitute the resolution before
us tonight for the one of the June 5th meeting. Seconded by 'Ir.
Jack. Motion carried by unanimous roll call vote. Mr. Anderson
coved to amend to pay rent in the amount of 30 cents per square
foot for FY 30 to be paid monthly and in paragraph 4, line 4
delete everything after "fiscal year 1900 ". Seconded by , ;rs.
Kavanaugh. Amendment carried 6 -1; Air. ;nderson, Jr. a nick,
Jack, ars. Kavanaugh, is. 07,g and Hr. Peotter voted YES with v1r.
Hansen casting one :i0 vote. !lain motion (moved for adoption of
Resolution 79 -39 -a) as amended carried by unanimous roll call
vote.
L. Royal Large Case. Mayor 'Iallin read the correspondence.
Hrs. Kavanaugh moved that ilichael Sharon, attorney, be instructed
to file the appellant brief. Seconded by Mr. Peotter. Ir.
En:mick moved the previous question be called (to close debate).
Seconded by fir. Hansen. Motion failed i::.2, with one abstention,
requires two - thirds vote, Dr.,L' pick, Mr. Jack., Mrs. :Cavanaugh
and Mr. Peotter voted YES, "r. Hansen and Hr. 0?g cast .10 votes
and Hr. Anderson abstained. Mayor ' read a recent opinion
on limitation of debate.
A recess was called at 7:55 P.N. , meeting reconvened at 8:05 P.M.
Mrs. Kavanaugh moved to limit debate to one (1) minute per person.
:lotion carried 5 -2; Hr. Anderson, Dr. Ermick, Mr. Jack, .rs.
Kavanaugh and Mr. S tt . vo a YF,S with np. Hansen and '1r. Ogg
casting :i0 votes.er '* d - That fr ilr. Anders r m_oyy absttain�
from vote for the next month if he choosers econdec oy°`.. .
Hansen. Hr. Anderson stated he had no background on this case.
'lotion failed 3 -4; ;;r. Anderson, :4r. Jack and : ;rs. Kavanaugh
voted YES with Dr. Emmick, Hr. Hansen, i tr. 0 ^g and :;r. Peotter
casting ■0 votes. :Hain motion carried 4 -3;. Dr. ,7Intick, - Ir. Jack,
Ars. Kavanaugh and Hr. Peotter voted YES % Ir. Anderson, (r.
Hansen and .r. Ogg casting , i0 votes.
F. Expiration Felton Lease on 3 -1, Sells Flats Subdivision.
Mayor Uallin read the correspondence. Dr. E,vnick moved to
affirm the policy as outlined in the last paragraph of the
managers memo and continue the lease until other arrangements
are made. Seconded by as. Kavanaugh. Notion carried 5 -2; >:r.
Anderson, Dr. i;mmick, Hr. J;,ck, Hrs. Kavanaugh and Mr. Peotter
voted YES with itr. dansen and Hr. 07g casting _AO votes.
H. Developmental City of Afognak Outlining State Requirements.
Mayor :)allin read the correspondence. ;;r. :t moved that the
petition be acknowledged and have Hs. Katz and /or Ur. Garnett,
attorneys, review the document and made a review of the petition
before action is taken. Seconded by Hr. Jack. Iir. Jenslow
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.
;lr. Ogg requests ifs. Katz address what will happen after the
five -year period and their request that a member of KIR and the
planning and zoning staff consult with their planning commission.
nayor Uallin suggested that any assembly member having input into
this document is free to write to the attorney, as on any issue.
llotyon carried by unanimous roll call vote.
IX MANAGER'S REPORT
1. Start up meeting for the engineering and planning effort in
Service District -io. 1 to prepare the Stage i Facilities Plan
was Held July 2, 1379. The sche:.ule for the events, YI3 Service
District . ,o. 1 Facilities Plan Project Schedule are as follo!s:
1 1 1 '? 1 1 7 7 7
;I13 ?SSEMGLY MEETI AUGUST 2, 1979 (Becassed to ;,ugust 3) PAC. 7
Start Facility Plan 7 -1 -73
Public hearing on Assessment of lternatives 9 -15 -79
Draft Facility Plan 1 '1- -15 -73
Kecei.ve i:eulatory Continents 12 -15 -19
Public :fearing on Selected Plan and E;.S
12-15-79
Submit Final Plan for rmprcvnl 1 -15 -D0
Sub:zic Step 2 + 3 Ccant :.polication 1-15-U0
Receive . ulato:y - -
rrov,1 of Fi .i 315 -J0
Receive Approval of Step 2 + 3 Grants 3- 1-J0
Receive notice to Proceed with Contract
Documents 3-- 15 - -3J
Submit Contract _ocurants to .;eulatory
Agencies for A ^oval 6 -15- 0
Receive Eegulatocy Approval of Contract
i)ocur.._nts 7-1-,0
First 7 Advertiscneet 7 -15 -30
Open - s
Award Ctnt_'=ct 10-15-:0
notice tc -o 11 -1 -30
' ;rs. Kavanaugh moved to a_r.c.al_d;a receipt of project sch.. uulc.
Seconded by Mr. Peottn_r. i1/2tion c _fried 5 - -2, hr. .nderooa,
.
ironic: V . ?ugh and �Ir.. Feott ^r voted YES �.�it;:
Mr. i Jansen and ui. C'- cact1n;; JO vot
2. EPA -DEC ^,n:: raT.ant schedule discussed at - p.Oc ..
. State -ants for ::i. step 1 molests - 190; =nynen':
r.ne:, L -
, nerd:me ,-.l , _oval of facility plan.
-
2. C rants for EPA sten 2 nrojact - 11676 esym nt
u''on Dcoartmentel annroval of detailed. ?lama and
ssecificctions.
3. C:.ns__uctien grants - EPA sten 3 and State constr:c c:_.
a. Ap:voval of corstruction plans and eoecificdC! -on ,
'aura of State !g-ant c`fer, '_' i.i
ard of cos cad
cectiao-t cad issuance of notice to
proceed - . -
yant.
b. Ccrr certified 250 connlete - 55; o:;
c. Construction certified 50: com2l.ete - :')% 23v ,.,-,t.
d. Cc. ^.atn•cti:,a certified complete, Direr use oni.:-
ce adoctca, and final cost su*r:.-_ oubm.itc -.
70^ pyrent.
e. 'ucii+ report completed and ac err ' 1001 c • y-err.
All ecnscructic:r r - nts under 720,000 will be
:iigible for payments 1 and c a.•or.: only.
Mrs. ,evanaugh r red to . cknoaled -e receipt of letter frem
Dorn, Dep.rat^c..c of Env9.conmental Conservation, dated Jul;
1979 with ,cr payment schedule attached. Seconded by Dr.
1,nmick. ;lotion carried by unanimous roll call vote.
3. Lnttem - __ James =:-.1, announcing - _1 of t
award from the State in the amount of $1,675,632 for the . meat•
portion of Service District I utility. Her. Ogg moved to cc. .. -
ledge receipt of a letter from the Department of Enviror•nn :al
Conservation fro:.. Ja ' .-
L. Dorn dated July 7, 1973. Seco:
by Dr. E- -nick. Ootica
carried by unanimous roll call vote.
'I. Confidential memo from general counsel, Reenacted asur to note last paragraph and specically the next Co lest
sentence of last paragraph. Ur. Hansen moved to acknowlecge
receipt of '.utter from Thomas F. :Qinkner. Seconded by '.r.
riotion carried by unanimous roll call vote.
5. Memo received from the City Engineer regarding the file -
Russell Estates, 1st Addition. .The Borough has held a retaic•:
of S5,000 to sn^.cre completion cf the utility and acceptance
the utility syste: . in Russell Er.tates, let Addition. There
need for the construction of a manhole at the er.d of the seiner
line. Recommends this be done, rot to exceed $3,000 utilizi.
if possible, the work team cf tie Church of thn 'azarene.
Hansen moved that :3,000 of the $5,000 retainer be granted :r
City of Kodiak to fin thee p.'o eot. Seconded by :Or. D..
Seconded by ;b. dyg. Motion ic,ied by unanimous rod 1 cat' .
S. Letter from . Jo•.`, G. Dilly, Department cf fiour,in :.. .
Urban Devclor _nt to Hay= advising the $.1,000 . .-
1 0 1 x 2
1 1 7 7 5
ASSLUBLY H:.ETI.:G--AUGUS'i 2, 1079 (:1:cesse i to :.ugust 3) P'GE
offer has been rescinded in its entirety. Airs. Kavanaugh moveu
to acknowledge receipt of letter from ;•ir. John G. Duffy, dated
July 30, 1979. Seconded by Hr. Peotter. Motion carried by
unanimous roll call vote.
7. Pointed out that the tax bill are normally due, 1st payment
August 15th. Due to the fact the budget has yet to be adjusted
mill rate t
changed toSeptember 1st e and the second first be
secondpayment dovember
per Resolution 79 -42 -R to be prepared by the Clerk. Mr. tansen
moved for adoption of Resolution 79 -42 -R. Seconded by iir. Ogg.
notion carried by unanimous roll call vote.
X . BUSLJESS
A. resolution 79 -33 -R Setting Supplemental Due .rates 6 Delinquent
Dates for Supplemental Real 6 Personal Property Taxes for 1979.
Mayor Wallin read the resolution. ` Kavanaugh moved for adopt-
ion of Resolution 79 -36 -R. Seconded by Hr. Hansen. 'lotion carria,
by unanimous roll call vote.
Mrs. .Cavanaugh moved that Item X L he movec to after Item X A.
Seconded by Hr. Ogg. Fearing 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. : 'lallin read Resol-
tion 7 9 -31 -R. Hrs. Kavanaugh moved for adoption of iesolution
79 -31 -R. Seconded by `iir. Hansen. Hrs. : ioen stated that input
can be submitted for consideration after this .iocument is
adopted. Hr. 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 forthcoming. 'rs. Kavanaugh state')
the committee has recommended that the committee be reduces to
nine members; this would facilitate getting a quorum and is
within the frame of the committee. Mayor ?allin stated she
would study this with the committee and :lake recommenuacions
for a nine member committee at the September meeting.
B. Recommendation on Ordinance 73-1.50 - Personnel 3oard. Jr.
Ogg stated the motion to sand back to t:e Uental !.ealt;r ',oard
failed at the June meeting. ilayor 'lallin read the communique.
Hrs. Kavanaugh moved for adoption of Ordinance 79 -16 -0 at first
reading. Seconded by Hr. Sransen. Hr. Peotter moved to amend
paragraph 3 by dropping the last perio6.. and adding the worus
"and,the Kodiak Island Health Center employees.' Seconded by
irs. Kavanaugh. .'Jnon carrie' ,t
r. 'n Maroon,
Hansen,
ir. ansen, Hr. Jack, Mrs. Kavanaugh and Hr. Peotter voted YES
with Hr. Ogg casting one ,;O vote. Hain motion carried S -2; r "r.
Anderson, Dr. Emmick, Hr. Jack, Hrs. Kavanaugh and Hr. Peotter
voted YES with Hr. Hansen and Mr. Ogg casting 40 votes.
C. Recommendation on Ordinance 79 -18 -0 - Personnel Board. Mayor
4allin read the correspondence and ordinance. Mrs. Kavanaugh
moved for adoption of Ordinance 79 -18 -0. Seconded by Hr. Hansen.
Hr. Ogg moved to amend to delete under Section 2, U, V, h) and
Seconded by Hr. Hansen. Ar^endment carried 4 -3; Hr. Anderson, is.
Hansen, Mrs. Kavanaugh and Mr. Ogg voted YES with Dr. immick,
Mr. Jack and Mr. Peotter casting NO votes. , fain motion failed
3-4; Hr. Anderson, Hr. Jack and Mr. 0,;g voted YES with D i
Mr, Hansen, Hrs. Kavanaugh and Mr. Peotter casting ;.0 votes. y �
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 Hr. Hansen. Mrs. Kavanaugh stated this would be a
payroll deduction. Motion carried 6 -1; Hr. Anderson, Jr. F.mmick,
Mr. Hansen, Mr. Jack, Mr. Ogg and Hr. Peotter voted YES with Hrs.
Kavanaugh casting one •.fO vote. Hrs. Arndt stated this will be
administered from Juneau.
3 1
:CI3 ASSEMBLY ia::TI :G- AUGUST 2, 1979 (:acessen to August 3r1) ?..rL 9
E. recommendation on Amendment to '_ealth Insurance Coverage --
Personnel 3oard. .fayor 'tallin read the correspondence. - :.s.
:Cavanaugh moved that i:L'> 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 :.ssembly decision be made retroactively to October 31, 1979
on the effective date of P.iblic Law 95 - -555. Seconded by ltr.
Peotter. firs. Kavanaugh moved to amend to change October 31, 1973
to August 1, 1979. Seconded by ilr. Peotter. :rs. Kavanaugh moved
to amend the motion that the communique from Ecui -Group be sent to
i'.ick 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
Hr. Hansen. Seconded amendment carried 5 -2; :s. Anderson, Dr.
::mmick, ;ir. Hansen, flrs. Kavanaugh and !rr. Or.g voted YES with "r.
Jack and is. Peotter casting HO votes. First amendment carried
6 -1; Mr. Anderson, Dr. Emmick, ?1r. Jansen, lira. Kavanaugh,
Ogg and Mr. Peotter voted YES with ltr. Jack casting one NO vote.
Main motion carried by unanimous roll call vote.
F. Recommendation on Award of Bids Larsen Bay High School.
ilayor !tallin read the correspondence. : Hansen moved the award
of bid go to L. B. Anderson /Cooper Construction Company in the
amount of 31,247,000.00, Project Jo. :'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 , iepartment of :Environmental Conservation Re:
Illegal Dump Sites in 0orough. Mayor 7allin 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 Hr. Hansen. Hr. Denslow stated the 3orough does have this
power. - Kodiak has not been designated a solid caste management
region although designation is inevitable. :lotion carried by
unanimous roll call vote.
M. Financial Statement June, 1979. firs. : avanaugh moved to
acknowledge receipt of Financial Statement June, 1979. Seconded
by Nr. Peotter. -
I. Monthly Activities
to acknowledge receipt
by unanimous roll call
J. Attorney's Report.
receipt. Seconded by
roll call vote.
Report, Jane 1979. Ilrs. Kavanaugh moved
. Seconded by 'ir. ! fansen. Notion carried
vote.
Hrs. Kavanaugh moved to acknowledge
Mr. Jack.' lotion carried by unanimous
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 desolution
79 -41 -R. Seconded by Hr. iiansen. Mr. Tubbs has stated these
properties cannot be used for schools. Notion carried by unanimous
roll call vote.
XI HAYOR'S COMMEATS
1. Hrs. Moen thanked everyone for their consideration of the
O.E.D.P. report. •
2. Ki1XT 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 E Z agenda August 15th.
5. Refused to sign a check for travel expenses for Dr. Emmick
on July 5th; did not question the remaining $150 expense.
t. Hr. Ogg moved to acknowledge receipt of the second letter
from Mr. Denslow dated July 20, declining renewal of
) 0 '1 2 , ) 7 7 ?
KID ASSESLY t*.EETI :C- AUGUST 2, 1373 (Recessed to fugust 3) °AG? 17
employment agreement. Seconded by "!r. r:ensen. ::otion carriea
6 -1; dr. Anderson, Dr. Lmmick, ;:r. , `ansen, 1 r. Jack, 0- and
Ir. Peotter voted YES with 'Drs. Kavanaugh casting one .f0 vote.
7. Letter from Chief Hagnusen 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
acencies re: financiang of services.
8. Department of Labor Suit. Jo 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. :Iayor appointed Ur. Or;g and Ir. Peotter to sit with her on
a committee composed of three representatives from both the
borough and the city to discuss mutual interest issued. (:'ayor
Stevens and two council members will represent the city). Mrs.
Kavanaugh moved for ratification. Seconded by itr. ':arisen. i'`otion
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. ?;r. Denslow stated the school district
has its own legal base under Title 14 •laska Statutes.
:(II ASSEMBLY COMMEMTS
i•Ir. ransen: Ho comments.
tarsf;rs. Kavanau h: 'loved the borough clerk be instructed to adver-
tise for applicants for the manager position for KIB immediately.
Seconded by Hr. Peotter. Motion 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.
Mr. tnderson: :Jo comments
:Ir. 1. Read letter to City dated tugust 1 re: Lot 2AA,
USS 3098 annexation. Hr. Ogg moved to direct administration
to not keep this property within the service district. Seconded
by Hr. Hansen. Motion failed 2 -5; i r. ::ansen and Mr. Ogg votes
YES with tlr. Anderson, Dr. Ermtick, i +r. Jack, Mrs. Cavanaugh and
Peotter casting CIO votes. Hr. 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. :ir. Denslow
stated there will be a report forthcoming from the attor:iey.
3. Asked if the borough had an agreement for road maintenance of
state roads. Mr. Denslow stated they do not.
4. Stated he resents the manner in which Mr. Anderson was
appointed to the assembly as he and i ir. I?ansen had not been in-
formed about a decision to appoint prior to the meeting.
5. Raquested status of the high school parking lot contract.
Mr. Denslow stated the contract is two weeks into construction
with three weeks to completion.
dr. Hansen: Stated the 'muck' condition in the parking lot
project was placed on the record during the building of the main
school.
Dr., 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.
Hr. Jack: Stated he had initiated the poll as to the necessity
o�ing Hz'. Fearn and Dr. Emmick back for the July 5th
meeting. Realized this was only an opinion, not a vote action.
Mr. Jack left meeting room at 10:55 P.N.
1 1 ,
n77n
;I3 ,.SS1::-idLY YrETL:G • AUGUST 2, 1079 ('tecasse 1 to August 3) P'C.. 11
;ir. Peotter: 1. flequecteu the rna.naTer loot.. i..to a purnorto
zoning violation on a Spruce Cane property.
Ars. 1(avanaua left meeting room et 11:37
Peotter (continued) 2. : :owed that a special election be
held in January to consider unification. Seconded by Or. ...duck.
t potion carried 4 -1; ::r. Anderson, ,)r. - drnick, tlr. Hansen, and a
Peotter voted YES with :ir. Or; casting one '0 vote.
1 VIII AUDIENCE COM::E'!TS
Lorna Lee Arndt: Agrees with - 'r. P otter 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. C:7nressed concern over the dumping of
semi -raw sewage in the City dump area. Feels this is a health
hazard. Hr. Denslow stated this a City problem as it is the
City dump.
2. :r. Denslow stated that algae blooms appear in the surface
waters in the area also. ::r. Davidson requested DEC and :PA
inspect the site and mate a determination as to whether there
is a health hazard, and if so, whst c >.n he done about it. Jr.
Ogg so moved. SecondeL by 11r. Han;en. notion carried by un-
animous roll call vote.
1
XIV ADJOUB:ii1LJT
The meeting was adjourned by ;Mayor - la liin at 11:20 P.M.
I ATTEST:
i;oroug i clerk, "sting