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09/06/1979J 0 1 7 1 KODIAK ISLAND BOROUGH ASSEMBLY MEETING- SEPTEMBER 6, 1979 (A Verbatim Record is on File in the Clerk's Office) I CALL TO ORDER The meeting was called to order by Mayor Betty J. Wallin at 6:35 P.M. in the Borough Assembly Chambers. II ROLL CALL Present Absent Mr. Phil Anderson Dr. Michael Emmick Mr. Arnold T. Hansen Mr. Edward B. Jack Mrs. Sandra ::avanaugh Mr. Dan Ogg Mr. James Peotter Mrs. Betty J. Wallin, Mayor A quorum was established. III ACCi.PTANCE OF AGENDA Mr. Hansen moved to remove from the agenda Item VIII Board of Adjustment. Seconded by Mr. Ogg. Motion carried 4 -3; Mr. Anderson, Mr. Hansen, Mrs. Kavanaugh and Mr. Ogg voted YES with Dr. Emmick, Mr. Jack and Mr. Peotter casting .10 votes. Mr. Ogg explained Mr. Arndt's request for postponement. Mr. Hovanec stated that Resolutions 79 -45 -R and 79 -46 -R would be added to Item VI E. Mr. Ogg moved to accept the agenda as amended. Seconded by Mr. Hansen. Motion carried by unanimous roll call vor-. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Regular- August 2, 1979 B. Assembly- Special - August 23, 1979 Mr. Peotter stated that Hrs. Kavanaugh and Hr. Jack were not / excused during the August 23rd meeting. Mr. Peotter moved to - *hScust Hz's. Kavanaugh and Mr. Jack from the August 23rd meeting. Seconded by Hr. Hansen. Mayor read from Title 2 re: absences. Motion carried by unanimous roll call vote. Mr. Peotter moved to accept the minutes of August 2 and 23, 1979 as corrected. Seconded by Hrs. Kavanaugh. Mr. Ogg noted that in minutes of August 2nd, page 6, paragraph 4, lines 4 and 5 that a motion was not made; this was a rule of the chair. The motion made was to tall the chair and the chair's decision. Motion carried by unanimous roll call vote. V MINUTES OF OTHER MEETINGS A. Mental Health -June 13, 1979 B. P B Z Commission -July 18, 1979 C. School Board -July 18 and 26, 1979 Mr. Peotter moved that minutes of Mental Health, P 8 Z Com- mission and School Board be accepted. Seconded by Hrs. Kavanaugh. Motion carried by unanimous roll call vote. VI COMMUNICATIONS f APPEARANCES A. Letter from KACDC Re: Head Start Funding. Mayor Wallin read the correspondence. Mr. Peotter moved to acknowledge receipt of the letter. Seconded'by Mr. Hansen. Motion carried by unanimous roll call vote. B. Felton Lease Report from P L Z. Mayor Wallin read corres- pondence. No action needed. C. P 8 Z Interpretation of Parking in Industrial Districts. Mayor Wallin read correspondence. P b Z has reiterated this -'2131! to International Seafoods. There are discrepancies in the parking ordinance; Mr. Milligan stated P 6 Z has completed their review of the zoning regulation, including the parking 1 1 `] -' ? 1 7 1 KIB ASSEMBLY MEETING - SEPTEMBER 5, 1979 PAGE 2 regulations, which will be presented to the assembly. Mr. Jack stated this is not a harassment but that it affects everyone. D. Information Report Re: Welborn Borrow Site Lease Applica- tion. Mayor Wallin read the correspondence. No action needed. E. Memo from John E. Anttonen, Superiraendent, Re: Ouzinkie and Larsen Bay Schools. Dr. Anttonon read the memo dated August 27 directed to the assembly and discussed each item therein. (1) Larson Bay construction bid is 5193,538 over the construction budget fu.:ds; this amount coed be taken from the equipment fund and eeplaced from cent'_ngeecics at a later date. (2) Ouzinkie construction bid is also over Jhe alloc- ated monies. This could be handled by zeroing out the equip- ment fund of $73,165 with an additional fun':ng from the borough in the amount of $64,268. (3` 'he ::rough does not have a facilities coordinator for these projects wince September 1st. Thc.e ere several _gancies in the state that are able to : this funitio::. ( At present there is not sufficient electrical generation to prov'.d' for the new schools. Mr. Jack requested t +.e :(ANA Electrical ^.uthority representative meet sith the assembly on this :natter at the Setpember 15th work: ,.. i.on. Mrs. Kavarlaugi asked that the Ouzinkie bid award be en up before any further ection. Mr. Hansen moved to move Did Award for Ouzinkie School. Project #H -03003 from XI B to VI E. Seconded by by Mr. Ogg. Motion carried by unanimous roll call vote. Mr. Hansen moved for adoption of Resclution #79 -45 -R. Seconded by Mr. Ogg. Mayor read the reso1 ;tLc n. Hz's_. Kav=dugh saved to amend number 4 to delete the words "or the designee of either ". Seconded by Mr. Jack. Mrs. Kavanaugh felt Mr. Hovanec should be carrying out the duties of facilities coordinator. Hr. Hovanec stated these duties require more time than could be given as acting manager and engineer. The state can pra:ide these services for a nominal fen. Amendment failed " -b; Mrs. Kavanaugh and Mr. Peotter Noted YES with Hr. Anderson, Dr. Er.eelek, Mr. Hansen, Mr. Jack and M_. Ogg costing a10 votes. Mr. Jack moved to amend to add after' " designee of either" "arc_ol. =_d by the assembly ". Seconded by Mr. Foot Motion carried 5 - -2; Mr. Anderson, Dr. Emmick, ir. Jack, Hrs. Kavanaugh and Mr. Peotter voted YES with lir. Hansen and Kr. Ogg casting NO votes. Main motion carried by unanimous roll call vote. Recess called at 7:55 F.M.; reconvene^. e'. 8:13 P.M. Ouzinv_e Bid Award. Mayor Wallin read letter from Mr. Denslow dated August 23, 1979. Mrs. Kavanaugh moved that bid for the Ouzinkie school be awarded to NORCOM in the a:.unt of $1,064,037. Seconded by Mr. Peotter. Mr. Ogg moved to amend by adding "The award should be contingent upon review and approval of the bid by the Department of Trensocrtation and Pu`•lic Facilities in accordance with the terms of the grant agreement. Seconded by Mr. HG- -sc::. Mr. Partch explained alternates 1 through 4. Main motion as amended by unanimous roll call vote. Resolution 79 -46 -R Re: award of construction contract Ouzinkie, and for certain contingent borough commitments with respect to funding. Mayor read tha resolution. Mr. Hansen moved for adoption of Resolution 79 -46 -R. Seconded by Mr. Peotter. Mr. Jack moved to add after "designee of either" "approved by the assembly ". Amendment carried 5 -2; Mr. Anderson, Dr. Emmick, Mr. Jack, Mrs. Kavanaugh and Mr. Peotter voted YES with Mr. Hansen and Mr. Ogg casting 00 votes. It was stated that en emergency . ordinance could be passed to appropriate the extra money needed. Mr. explained the shortfall. Main motion as amended carried by unanimous roll call vote. Emergency ordinance 79 -34 -EO declaring appropriating the sum of $63,674.00 for school construction at Ouzinkie. Mayor Wallin read the ordinance. Mr. Peotter moved for adoption of Ordinance 79- 34 -E0. Seconded by Dr. Emmick. Dr. Emmick moved to amend by including a new paragraph before NOW, THEREFGRE, to read: 1 r) 1 1 '? 1 1 7 1 4 KIS ASSEMBLY MEETIiNG- SEPTEMBER 6, 1979 WHEREAS, the Assembly finds an emergency exists. Mr. Hansen. Amendment carried by unanimous roll Main motion as amended carried by unanimous roll Ur. Anttonen congratulated the assembly on their F. P & Z Appointment -City Recommendation. Mayor stating recommendation would be forthcoming after No action needed. PAGE 3 Seconded by call vote. call vote. action. read memo September 13. G. Memo from Okey L. Chandler Re: Dust I;azard. Mayor read memo. Mr. Ogg presented pictures showing the dust situation in the area; he reread his petition against this condition requesting the State of Alaska to pave these roads. It was pointed out this is a health hazard as well as a road hazard. Mrs. Kavanaugh moved to acknowledge receipt of Mr. Chandler's memo and have copies sent to Patrick P. Ryan, Deputy Commis- sioner of Transportation, Pouch 6900, Anchorage, AK 99501, Mr. Robert U. Ward, Commission of Transportation, Pouch Z, Juneau, AK 99811 and a copy to Governor Jay Hammond. Seconded by Mr. Peotter. Motion carried by unanimous roll call vote. VII PUBLIC HEARING A. Ordinance 79 -16 -0 Amending Personnel Rules and Regulations to Integrate the Job Categories of Employees of the XIB Mental Health into the Borough System of Class Titles and Pay Ranges. Mr. Hansen moved for adoption of Ordinance 79 -16 -0. Seconded by Mr. Ogg. Regular meeting closed; public hearing opened. Lorna Arndt, member of the KIB Personnel Board. Recommends the ordinance be passed. Public hearing closed; meeting reconvened. Motion carried by unanimous roll call vote. VIII BOARD OF ADJUSTMENT - Removed from Agenda IX OLD BUSINESS A. Memo from Ed Haney, Borough Assessor, Re: Collection of Taxes on Vehicles and Boats. Mr. Haney gave the comparative figures of the tax as done now and if the state collected the tax. The borough would be receiving less from taxes and it would mean the taxpayers would be paying an average of 6191 more pet year. Mr. Garnett, attorney, suggested a review of the history of the state law regarding cities where they forgive personnel property taxes. Dr. Emmick moved to have the attorney pursue this fund evaluation on vehicles only. Seconded by Mr. Hansen. Motion carried by unanimous roll call vote. Mr. Peotter moved to hold in abeyance the motion regarding this matter at the August 2nd meeting until a report is received from the attorney. Seconded by Mr. Ogg. Motion carried by unanimous roll call vote. B. Memo from Ed Haney, Borough Assessor, Re: Funding of Assessing Clerk Position. Mr. Haney read his memo requesting the transfer of the salary of the Secretary I to the Assessing Clerk. Mrs. Kavanaugh moved the Assessing Department look to its own budget to make appropriations for the additional 6722 annually. Seconded by Mr. Peotter. It was pointed out that the present Secretary I is qualified and is now performing the duties of the Assessing Clerk. ;4r. Ogg moved to amend by substitution to draw up an ordinance to allocate $1,000 from unencombered funds to be used for the increase of the salary of the Secretary I. Seconded by Mr. Hansen. Motion failed 3 -4; Mr. Anderson, Mr. Hansen and Mr. Ogg voted YES with Dr. Emmick, Mr. Jack, Mrs. Kavanaugh and Mr. Peotter casting N0 votes. A recess was called at 9:15 P.M. Meeting reconvened at 9:28 P.A. KIB ASSEMBLY MEETING - SEPTEMBER 6, 1979 PAGE 4 Mr. Peotter moved to tilimmee have the clerk draw up the appropriate ordinance for line item changes in the budget as recommended. conded by Mrs. Kavanaugh. �f,/- _. Action carried 5 -2; _.:. Andersen, Dr. Lrunick, /� Mr. Jack, Mrs. Kavanaugh and !tr. Peotter voted YES with :ir. Hansen and Mr. Ogg casting CIO votes. C. Letter from Jerome Selby, President, Kodiak Island Hospital Advisory Board Re questing Assembly Action on Repairing Hospital Roof. Mrs. Kavanaugh r : :.ved to : :knc:lcd:o receipt of the letter from Mr. Selby, President, Kodiak Isi= =:.,sptial Advisory Board and turn back to the engineer for information and to come up with a recommendation and report to the a^_sev:bly at the next meeting. Seconded by ?:r. • Mrs. Kavanaugh. : 'ith the consent of the second asked that the manager advertise for bids on the roof repair and ::r:. e. thie rc:_y for the as :enbl; . :Ir. Ogg moved by substitution to direct Mr. do . to prepare specifications for the roof to go to bid. Se^_cndod by Mr. Hansen. Mr. Hovanec stated he c_ -ct do t.`_c; i t should be done by a consult- ing firm. E : ;in out that the replacement of the roof is entirely different i.'^r the rcre:r of the roof. Dr. Emmick moved to ta':1c the pr:_en: acti r until the manager can get the Asoe .bly epor'c. Seconded _v - hire. i.•_venaugh. Motion carried with r!r. Anderson, r, i'nnick, qr. Jack, Hrs. Kavanaugh and Mr. Peotter viceed YES with Hr. _,ansen and 1 ".r. Ogg casting JO votes. X MANAGER'S REPORT 1. Explained the S120,000 appropriation needed for the Ouzinkie school construction and that it had ae::n taken care of. 2. Letter R?: c.._..cl r`.ar.a;cnent Ass...ciates. reels we need a computer tr :_..ti g rrogrem and recommends this to the work session. 3. Re: letter from Duzi.r.:zie ::ay..)_, .ofugio Delgado requesting the borough engineer to ire ee the D.I.A. road construction. Mr. Garnett explain& .: - :`e .... Weise of non - ere - iide powers in second class cities by th rf. -Tons, ICAYA, stated - _r. he had re :eatly r::.. =s - ; ey were in had shape. Mr. Jack roved ! : :. '.__Y.•.n-: _o to Olrcin'cie to lce: at the B.I.A. roads aa thare :i :.v' ` =:n cr^' -ints in the past. Seconded by Mr. Ogg. N,,tion carried by uroainoue roll call vote. 4. KMXT request to rar =ac: seine windows and do some remodeling. Mrs.'Ravanaugh roved the - °eplaccr.r :- cost cf the windows be credited to the r.t nded b,; L.. Fe_tc.r. For uniformity it wan sego, :. `a _� ;.- a , .d - of window to be used. Mrs. !averr.._gh t.ithCrcw her notion with the consent of the second. ?L^. C -g mood for acceptance or the letter from KMXT. Seconded by rir. Henson. Gr. Jac.: moved to amend to specify the kind and typo of wir.C.t: to '_a used. Seconded by Mrs. Kaenaugh. notion failed 1 -3; M2. Jack vc,ta_d YES with Mr. Anderson, Dr. Emnick, Mr. tiancen, is's. Kavanaugh, Mr. Ogg and Mr. Peotter casting NO votes. Main motion carried 6 -1; Mr. Anderson, Dr. Lm Mr. Manson, Mrs. Kaganar ;h, Mr. Ogg and Mr. Peotter voted YES with Mr. Jack casting one NO vote. Mrs. Kavanaugh moved an ordinance be prepared to credit the rent account of KM= with the replacement amount of the window. Seconded by Mr. Peotter. notion failed 1 -4; Mr. Anderson, Mrs. Kavanaugh and mi.. Peon- - -- voted YE- -r'- ijr, r,- 'nick, Mr. Hansen, Mr. Jack and Mr. Ogg casting NO votes. 5. Report from the attorney on all legal matters of the Borough. Referred to the work session. 6. Report from Mr. Hovanec re: memo from Borough Assessor addressing the status of the Assessing Department. 7. Letter from Day Care :.ssistanco Program Administrator re: the need for additional space to conduct cor.±i2antial interviews. This is a state requ nt. Referred to work session. 8. Request for b•u.lC_ng permit of Scott Arndt for a warehouse on land owned by Kodiak Livestock Co. (a portion of P -8, Tract A, Bells Flats AK Subd. Mr. Ogg moved to direct the building official to issue Oho _ "__ pc: :ci.t to Hr. Sch_tt Arndt. Seconded '.y - .-. r. ated h had already built one build.'.ng cn t._; la: U :.:.err Ti 18 if the borough should 1 0 1 2 n 7 '3 i. KIB ASSEMBLY MEETING- SEPTESBER 5, 1979 PAGE 5 get the land back, Mr. Arndt would be able to lease and /or remove his improvements. Mr. Hansen called for the question. Seconded by Mr. Ogg. Motion failed 2 -5; Mr. Hansen and Mr. Ogg voted YES with Mr. Anderson, Dr. Emmick, Mr. Jack, Mrs. Kavanaugh and Mr. Peotter casting N0 votes. Dr. Emmick was excused for the remainder of the meeting.. :!Meting recessed at 10:55 F.M. until 6:30 P.M. Friday, September 7, 1979. Meeting reconvened by Mayor Wallin at 6:38 P.M., September 7, 1979. Roll Call - All members present except Dr. Emmick who was excused. 8. Scott Arndt request (continued). sir. Arndt perused a copy of the KLC deed with the restrictive clause. Feels the Assembly should follow the direction of the attorney to issue the permit and does not agree with the reverter clause as he could lose his investment. Mr. Jack moved to amend to include the stipulation as indicated by the Borough attorney that the reverter clause "If it is determined by the Grantor that the lands described herein, are not used by the Grantee, for the purpose of a slaughterhouse facility said land shall revert to the Grantor", be placed on the building permit. Seconded by Mrs. Kavanaugh. Amendment carried by unanimous roll call vote. Main motion as amended carried 5 -1; Mr. Anderson, Hr. Hansen, Mrs. Kavanaugh, Mr. Ogg and Mr. Peotter voted YES with Hr. Jack casting one XI0 vote. 9. Request by Fire Chief George Magnusen that the Borough up- grade the access (side) road at the Kodiak Island Hospital. Mr. Ogg moved to instruct the manager to pursue the recommenda- tion of Hr. Magnusen and if necessary proceed to go to bid. S. ^ ^' .., r. -•. i'ansen. Motion carried 4 -2; Mr. Anderson, Mr. Fcnsen, Mr:. Kav and Hr. v.,ted YES with Mr. Jack and r. Feutter c?s'.' . ' -"Is. ° -'o - .. wastewater Facility Plan, Service ' - 'there will be a hearing on September 17, 1979 ..n. in East Elementary auditorium. Status report on Planning Department long range program. *.'c. Hansen moved to place this item on the work session agenda. Seconded by Mr. Ogg. Motion carried by unanimous roll call vote. 12. Memo re: two job vacancies within the Borough. Mrs. Kavanaugh moved the position in the Manager's Department be titled Secretary III. Seconded by Mr. Hansen. Motion carries: 5 -1; Hp. Anderson, Mr. Hansen, Hr. Jack, Mrs. Kavanaugh and Mr. Ogg voted YES with Mr. Peotter casting one ao vote. there was discussion as to whether or not the data services super- visor position should be filled and utilize a computer programmer part time or hire a full time computer consultant. Mr. Ogg moved that concerning the support services position, it be referred to the work session. Seconded by Mr. Hansen. Motion carried 4 -2; Mr. Anderson, Mr. Hansen, Mr. Jack and Mr. Ogg . - tad YFS 't' Mrs. Kavanaugh and Mr. Peotter casting NO votes. 1S. Pres- . :o�.: [- _,., -- — 'c -0 re: change of line item funds in the Assessing Uepartn...,t. Kavanaugh nc• for adoption of Ordinance 79 -35 -0 at first reading. Seconded Lyrir. Hansen. Motion carried by unanimous roll call vote. 14. Presented Ordinance 79 -36 -0 appropriating the sum of $63,674 for school construction at Ouzinkie. Mrs. Kavanaaugh moved for adoption of Ordinance 79 -36 -0 at first reading. Seconded by Mr. Ogg. Motion carried by unanimous roll call vote. Hrs. Kevar3n & crated she felt more work was being piled on the act:710 .an.. than was physically possible to handle along with his duties as borough engineer. Mrs. Kavanaugh moved no comp time be allowed in the manager's department. Seconded by Mr. Peotter. Mr. Pa,.-... 2 _.._ to a..t :d by substitution th-t the item of comp time be scheduled for a jc'.. recting ti2h the personnel board at a work session, or at some other convenie't �; ^m ;f t'e : :ou-h work session is to be too heavy. .its. :Cavanaugh. Discussion followed. Motion r _.red by unanimous roll call vote. A meeting was set up KIB ASSEMBLY MEETING - SEPTEMBER 6, 1979 recessed tc Soot. 7) PAGE 6 to meet with the personnel board in the confercnce rccm on Wednesday, September 12th at 7:00 P.M. XI NEW BUSINESS A. Ratification of Election Judges. .iayo.r Wallin read the memo. Mrs. Kavanaugh no ^ed that the list of names submitted by Mickey Duros be ratified as election judE s. Seconded by Mr. Jack. Motion carried by una:.imces rol:. call vote. B. Bid Award for Ounirkie School Project 11H-03993-taken up under Item VI E. C. First Reading Ordinance 79 -21 -0 Establishing a tininum Size fcr 'Ion- ncnf. T'.n- *o _i ^- - -;cr'... Mr. h,- tncer moved for adoption of . _ _ .. :._-_. , . _,_ _ - _ rr ., Milligan tat-'' - _, n;, they had rccoc,..c Ce•- thr 7inc lat ineveas, fron 4,000 ` square fact tp 5, ;'J ::e .. - :ved to amcnd to change 4,000 to 5,:OC ndnare feet .nd - :o to ch:2nga under Section 1, _i..- . 5, - :rr. - -. _ .'=. Seconded by Mr. :ectt . ^ err. -,1 un - ell call all vote. Main motion . _. d c - rid' b .nen j;-r .. .. ; -_ cc11 vote. D. First Amendment Kegley) Kavanaugh reading. :oil cull E. Fir ,t ?c=r:inc Ordin-.aca 73 -31 -9 To Litt Comprehen:.ive Land U£c Plan :: C "•ar' _ T.- n - .1 ': _..c :). Wallin d t': L ':-a c ti r' y r. oove yor for adoptic of C: it - ..c. 72-31.-S at _ _ i.. ...'zded by Mr. H= nse ::y.=ioa . , unonimte _ F. First Readin+. 7D-:?-0 R_:c•r_n° _ssified to Business i 25..) :e & M(_1:7). r�- " 1., -r n l z read ,. .. _dente by title only. rrs. ._; - - -.n roved fcr adoption c O Cinance carries by un a:.i:.:_ rod : bl 1 v,;tc. G. Fj.r.ot -- e ... _.:n read ring from Conservation '_ to :ndu t ,a . �r.i _ .. . ,� ..- rdin.�.ne. by title only. c'2. ::_n_cr. nc:'c3 for „o_ticn of Ordinance 79 -33 -0 at first readir_a. ;:nc,ni.:d by :... Ariart-`. tic :. carried by unanimous roll call v " - 7 1 7 P 'uin; .oCi.n-..__ 79 -3 " -G Comor::..:. Use Plan from 'rad :_.. FbolJ0.1tial to : i,. ... Burke na.,C. .. r , only. Mrs. . n fcr Coy f cf c Ordin c 79. 9 Seconded by Y:. Hansen. :'ot *an - .._Ed by u.co mous H. Resolu +._. School Reserve, St of resolution. fro. :Twang? 79 -44 -R. Sccondcd •-i Mr. roll call vote. -- -=_o:: .Coplct of . -.vo^ -h�rrcve -: foe adoptio Ogg. :r =lion. c: r- - Tc t Lions read the ^_3olution irc ::nous I. i:..A.IA HCU^_.. -.'-.. ..__. .r , ue . t _' - .? :ME Mayor Wallin road the correspondent.. Ira. .";vrr.,rugh roved that Tracts B and E, ::adiak AK Subdiv_s . on be s iri to KAMA :Housing Authority. Secrdc.'. by :`r. ' ?ancen. Mr. Ogg moved by se:bstitut • -- t r•,,., - ; -- _ __- - h, dir.eote '. to set up the procedure for placing Trncts 3 E of Kadiak AK Subdivision up for public auction. Seconded by Hr. Hansen. It was poin out that at one time_ P B Z had recommended the borough sub- divide this property as an alternatfvo to s'ie at p::blic auction. Mr. Simmons pointed out that =A Housing Authority has the powers to condemn although they do not anticipate using them. They must ;:a-;e fl -3 ncn ng to proceed with high density housing. ir. Pco moved to table. S'oonded by :fr. Jack. Motion failed 2-4; Mr. Jack and Mr. Pcottcr voted YES with Mr. Ander::cn, :'r. Bunsen, Mrs. Kavanaugh col Mr. Ogg casting .:C votes. i:'. ?cotter r:o:• ^.d tc table until a review by the attorney c.-d recd. oeciatic c core fc:- +ward. Seconded KI3 ASSEMBLY MEETING- SEPTEMBER 6, 1979 (recessed to Sept. 7) PAGE 7 by Mrs. Kavanaugh. Motion carried 4 -2; Mr. Anderson, 'ir. Jack, Mrs. Kavanaugh and Mr. Peotter voted YES with Mr. Hansen and Mr. Ogg casting J0 votes. J. Brechan Enterprises Request for Purchase /Lease of KIB Lands. Mayor Wallin read memo from Mr. Denslow dated August 21, 1979. Hrs. Kavanaugh moved that Parcel P -1, Tract A, B =ells Flats AK Subdivision be offered for a ten year lease at public auction and go to public auction for an additional ten year lease. Seconded by Mr. Hansen. Mrs. Kavanaugh, with the consent of the second, changed to length of the lease to fifty -five years and eliminate the additional ten years. Meeting recessed at 8:55 P.M. and reconvened at 9:07 P.M. Mr. Ogg moved by substitution to sell at public auction with a development plan. Seconded by Mrs. Kavanaugh. Mr. Brechan stated Brechan Enterprises would be prepared to go to public auction within the realm of economic reason but would also go along with leasing if necessary. Mrs. Kavanaugh called the question. Seconded by Mr. Ogg. Motion failed 2 -4; Mrs. Kavanaugh and Mr. Ogg voted YES with Mr. Anderson, Mr. Hansen, Mr. Jack and Mr. Peotter casting JO votes. Mr. Brechan stated he had notified the borough in July of his request to buy or lease and felt he should have an interim agreement until some decision can be made. Substitute motion failed 3 -3; Mr. Hansen, - - Hrs. Kavanaugh and Mr. Ogg voted YES with Mr. nnderson, Mr. Jack and Mr. Peotter casting 40 votes. 'ir. Peotter moved to amend by substitution that P -1 be offered to lease at public auction for a period of ten years with renewal of lease for ten year period and lease be granted until date of sale. Seconded by Mr. Jack. Motion failed 3 -3; Er. Jack, Mrs. Kavanaugh and Mr. Peotter voted YES with Mr. Anderson, Hr. Hansen and Hr. Ogg casting NO votes. Main motion failed 2 - 4; Mr. Hansen and Mrs. Kavanaugh voted YES with Mr. Anderson, Mr. Jack, Mr. Ogg and Mr. Peotter casting :!0 votes. Hr. Anderson moved that P 6 Z Resolution 0 -79 -036 in paragraph 4 change ten years to twenty years changing the last paragraph to read BE IT FURTHER RESOLVED that an extension of the lease be granted until the date of sale (of the lease) ". Seconded by Mr. Ogg. Motion failed 2 -4; Mr. Hansen and Mr. Ogg voted YES with Mr. Anderson, Mr. Jack, Mrs. Kavanaugh and Mr. Peotter casting NO votes. Mr. Jack moved to put P -1 up for open lease to run until the property is available for sale. Died for lack of a second. Mr. Peotter moved that P -1, Tract A, Bells _Flats AX Subdivision be offered at lease at public auction for a period of ten years. Seconded by Mr. Ogg. Motion carried by unanimous roll call vote. Recess called at 9:40 P.M.; meeting reconvened at 9:53 P.M. 1<. Memo from Gary L. Hovanec, Borough Engineer, re: Compensa- tion for Moving Expenses. Mr. Peotter moved that Hr. Hovanec p� be ranted moving expenses as er budget and with the stipule- fiagi ion signe y r. ovanec or remainder as pointed out in the personnel policy. Seconded by Mr. Jack. Motion carried 5 -1; Mr. Anderson, Mr. Hansen, Mr. Jack, Mr. Ogg and Mr. Peotter voted YES with Mrs. Kavanaugh casting one AO vote. The matter of the balance will be taken up at a work session. ) 1 1 ' '? 1 , 1 7 1 L. Request for Support of the Aevada Land Issue. Mayor r4allin read the correspondence. Mrs. Kavanaugh moved that a resolution be'prepared to KIB Assembly and send to the governor and legis- lature with copies to Wm. T. Wood, Mayor, City of Fairbanks, 410 Cushman Street, Fairbanks, Alaska 99701 and Malcolm B. Roberts, Executive Director, Commonwealth North, 935 West Third Avenue, Anchorage, Alaska 99501. Seconded by Mr. Hansen. Motion carried by unanimous roll call vote. 1 l 1 1 2 0 1 7 1° XIB ASSEMBLY MEETLIG- SEPTE;BER C, 1979 (recessed to Sept. 7) ? M. Request for Support of Initiative to Eliminate a Percentage of the State Income Tax. Mayor 'Wallin read the correspondence. Mrs. Kavanaugh moved that we support the initiative to eliminate the state income tax. Mrs. Kavanaugh stated we would lose a considerable amount from transient workers if this were passed. dr. Peotter felt that any excess of money could be used to promote the well being of the people of the state. Mrs. Kavanaugh moved to substitute that a letter be sent to the Resources Development Council for Alaska, Inc. that we cannot promote or support this request. Seconded by Mr. Jack. Motion carried 5 -1; Mr. Anderson, Mr. Hansen, Hr. Jack, Hrs. Kavanaugh and Mr. Peotter voted YES with Mr. Ogg casting one NO vote. Mayor directed the letter be written. J. Monthly Activities Report -July, 1979. MIrs. Kavanaugh moved to acknowledge receipt of Monthly Activities Report -July, 1979. Seconded by Hr. Peotter. Motion carried by unanimous roll call vote. 0. Attorney's Monthly Report - August, 1979. Mr. Ogg moved to acknowledge receipt. Seconded by Hrs. Kavanaugh. Motion carried by unanimous roll call vote. XII MAYOR'S COMMENTS 1. 0.E.D.P. Committee. Five terms expired September 1, 1979. Mayor temporarily reappointed these members for one month. Directed to advertise these positions to be filled at the October 4th meeting. Those outgoing members interested in remaining on the committee must resubmit their application. 2. Hospital Advisory Board. There is one vacancy. Directed this position be advertised for appointment at the October 4th meeting. 3. Local Service Roads and Trails Program. Read correspond- ence stating the application must be resubmitted by October 1st. 4. Letter of thanks from John Skelton. 5. Read from City minutes of August 23rd re: status of Lot 2A, USS 3098. Requested acting manager to research this matter. 6, Requested certificates of award be prepared and sent to Rosalie Gilbert and :lick Berestoff for the achievements in the Special Olympics. XIII ASSEMBLY COMMENTS Mr. Potter: 1. Had received complaints of storage of crab pots in residential areas. Requested Planning Department look into this matter and send notices if there are violations. 2. Reminded of the special election in January on unification. Requested the clerk be instructed to make the public aware of the procedures to be followed and all facets of unification as well as utilizing the services of the borough attorney. Hr. Jack: None Mr. Hansen: 1. Moved to recommend the borough retain a legal counsel on a retainer that would be available on a daily basis and report back on all the rest of the attorneys. Seconded by Mr. Ogg. Mr. dansen, with the consent of the second, changed the motion that the borough mananger be authorized to look into retaining legal counsel. Mr. Jack amended that the manager was to look for the funds to pay tl}e counsel within our budget. Seconded by Mr. Peotter. Amendment carried 4 -2; Mr. Anderson, Mr. Jack, Mrs. Kavanaugh and Mr. Peotter voted YES with Mr. Hansen and Mr. Ogg casting NO votes. Main motion failed 3 -3; Mr. Anderson, Mr.. Hansen and Mr. 0•:g voted YES with Mr. Jack, Mrs. Kavanaugh and Mr. Peotter casting 70 votes. 7: Asked what zoning allows crab pots to be stored? Mr. - Milligan explained that industrial and industrial reserve allow outdoor storage, mini warehouses.allow indoor storage. It was agreed that the code must be clarified on this issue. • 1 1 1 ? $ r1 7 9 n KIB ASSEMBLY MEETING - SEPTEMBER 6, 1979 (recessed to Sept. 7) PAGE 9 i lr. 0 : Asked Mr. IIovanec to investigate the school district use of funds. Referred to AS 14.14.060 Relationship between borough school district and borough. Mr. Anderson: 1. Re: crab pot storage. Suggested setting aside an area for this purpose with a buffer zone. Stated the borough and city hold title to lands that might be used in this manner. Mr. Hovanec will work with the city on this. 2. Re: school contracts for Larsen Bay and Ouzinkie. Asked if it is possible, or has been done in the past, to endeavor to get the final construction contract figure down after the award has been made. Mr. Hovanec stated he was not aware of any such attempt. Mrs. Kavanaugh: None XIV AUDIENCE COMMENTS (Horace Simmons, private citizen: Requested reconsideration of the action re: the award of the Larsen Bay and Ouzinkie school contracts; feels there should be some attempt made to negotiate down. Ars. Kavanaugh moved to reconsider the award of the contract of the Ouzinkie school to NORCOM. Seconded by Mr. Anderson. It was explained that the contingency funds required by the state bring the final figure over the budgeted amount. Notion carried 4 -2; Mr. Anderson, Mr. Hansen, Mrs. Kavanaugh and Mr. Ogg voted YES with Mr. Jack and Mr. Peotter casting '.10 votes. Dr. Anttonen stated he had never seen a renegotiated bid come back at a lower price. The Assembly agreed to continue past 11:00 P.M. Question called on the bid award. Motion carried by unanimous roll call vote. XV ADJOURNMENT ATTEST: Meeting was adjourned by Mayor Wallin at 11:07 P.M. '... orou7 i' yor