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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