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1977-01-14 Regular MeetingEOaIAB-ligLMBDltoRf ! .fsztaQIt MEETING -- JAN' `Y 14, 1977 I CALL TO ORDER Meeting was called to order by Presiding Officer Betty Wallin at 6:05 p.m. in the Borough Meeting Room. II ROLL CALL Anderson, Leslie Emmick, Dr. Michael (arrived at 6:17 p.m.) Estes, Murl Kavanaugh, Sandra Peotter, James Peterson, Frank Wallin, Betty - Presiding Officer Denslow, Stuart - Borough Manager III MINUTES PROM PREVIOUS METING A. Mrs. Kavanaugh moved for acceptance of the December 2, 1976 regular Assembly Meeting. Anderson seconded. Motion carried by unanimous roll call vote. IV MINUTES OF OTHER MEETINGS A. Planning and Zoning, regular, December 21, 1976 B. Mental Health; November 23, 1976 and January 5, 1977 C. School Board; November 22, December 13, 1976 D. OCS; December 14, 1976 E. OEDP; December 7, 1976 F. Health Resources Council; November 15, Dec. 13, 1976 Mrs. Kavanaugh moved to accept all minutes for the meetings A- econ e y Mr. An erson. Motion passed by unanimous roll call vote. V. COMMUNICATIONS AND APPEARANCES A. Mrs. Wallin read letter from Bristol Bay Borough Manager dated November 26, 1976 re: civil lawsuit. Mr. Anderson moved to instruct the Borough Attorney to look into this matter whether there is any advantage in this Borough intervening in this suit reporting to the Borough Assembly on same. Seconded by Mrs. Kavanaugh. Motion carried with unanimous roll call vote. B. Mr. Estes read letter from City of Kodiak re: parking lot situation. Mr. Anderson moved instruct Mr. Denslow to contact Mr. Gerken to see what resolution in this matter may be accomplished. Seconded by Mr. Peotter. Mrs. Kav- anaugh noted that one area to be looked into was the high school parking lot, to establish boundaries which should be done in one package. City Manager stated parking lot is filled to capacity, suggesting expansion of parking areas. 1 Motion passed by unanimous roll call vote. C. Memo from Mr. Denalow re: Economic Development Project Priorities with attached list of priorities which was re- quested, of approved priorities for the upcoming fiscal year. A revised priorities list will be submitted about July 1, 1977. No action was required - report was for in- - formation only. n. !Arm. Kasana..n6 rmAA _ 1a44ar f,nm KnA1a Tanana F n nwital dated December 23, 1976 requesting the Borough to aid the hospital by paying the preftctum for medical malpractice in- surance for 1977. Mr. Denslow stated that related arrange- ments had been made with Sweeney Insurance for a binder to extend our policy to July 1, 1977. A report will be made at the February Assembly meeting. Mr. Anderson moved that aOp�mi'�8 8 &H NEETING, Jar 14, 1977 Page 2 the premium be paid. Mrs. Kavanaugh seconded. Not know- ing the amount of premium, Mr. Anderson withdrew his motion Mts. Kavanaugh moved to follow the recommendation of Bor- ough Manager. Seconded by Mr. Peotter. Motion passed with unanimous roll call vote. E. Kodiak Livestock Co -op Permit. Letters were read by Mr. Anderson re: permit to operate a private solid waste disposal facility located at Tract "A ", Bells Flats Sub- division, Kodiak. Permit expired September 1, 1976. Mr. Anderson moved to grant a letter of non objection from a for requested permit. Mr. Peotter seconded. - Motion passed with unanimous roll call vote. F. Letter from Kodiak Area Community Development Corp., Inc. dated January 3, 1977 was read by Mr. Peterson reques- ting the Borough to provide funding for rental of a front - end loader and hiring of an operator needed to repair the washout and storm damage in Karluk. Wayne Marshall, Direc- tor of KACD stated he was requesting a portion of money needed to cover overall work needed on the project. Work involved would require one to three weeks, stating there were now six washouts and the foot bridge was in danger of collapsing. He estimated the amount of $13,000 to $20,000 required for the project. Sue Taylor, Field Representative for rural development assistance from Department of Regional and Community Affairs stated that RDA would probably assist, but needed some kind of commitment from the Borough, also the village. Dr. Em- mick stated the Borough would also like to see a commitment from the village. Mr. Denslow stated the Corps of Engineers has also evaluated the situation. Ms. Late', Coordinator of DsvelopmentAssistance stated under AS 44.47.120 the role of RDA is to coordinate emergencies and disasters. They were waiting for an opinion from the Attorney General regarding the Statutes as to whether RDA were to "coordinate" or "fund ". No action was requi_d at this time. G. Letter was read by Dr. Emmick regarding renewal of liquor license of Beachcombers which included an applica- tion for the license. Borough's primary consideration to be made is population criteria and local zoning ordinances. Mts. Kavanaugh moved that application be tabled until Feb. 3rd meeting. Mr. Peterson seconded. Motion passed with unanimous roll call vote. B. Mr. Peotter read letter from KACD regarding rent review Board. Dr. Emmick moved to follow action of the City and wait for additional information that the City has requested in form of return of questionnaire. Mr. Estes seconded. Mr. Estes stated that rent control is destructive to the free market system in principle and to the provision of privately owned rental housing in practice. Dr. Emmick ascended his motion that this Borough Assembly s as tally opposed to rent control, but with overwhelming demand from the community, would cause the Assembly to respond to the desires of the community. Seconded by Mr. Estes. Motion passed 4 -3 with the following votes: Emmick YES, Estes YES Anderson NO, Kavanaugh YES, Peotter YES, Peterson NO, Wal- lin NO. Question called on main motion. Passed with a unaa mous roll call vote. I. Mrs. Wallin stated a summons was served on Tony Peres stating that Mr. Perez is now in business of having a junk- yard. To settle matter out of court, Mrs. Wallin asked for extension of 20 days for a meeting with the Borough Assembly, State Sanitarian and Building Official who all went to the Perez property for an inspection. RIB 2SS2393 .'G 2Y ?ME. 2, ( LA i4:1977 Page 3 Mr. Perez made comment that at 9:00 a.m. on January 5th members of the Assembly did visit his property, that it was more or less agreed that it was not a junkyard; that he had a lot of building material on hand. The Assembly 'r asked for statements from Perez neighbors which were sub- mitted. Five letters of nonobjection were read into the record. Assembly asked that the materials be stored 50' back on his lot. Mr. Perez stated he would build a fence, but not move the materials back. Sanitarian, Harry Brigh- ten, did not want the Assembly endorse this type of use of personal property as it does constitute possible rat har- borage. Bill Miller, Building Official presented 8 photos requested by the Assembly and suggested that complaints be referred to the Building Official. He stated he would hate to see the Assembly wash its hands of the situation, allow- ing this situation to stay as it is, as there would be no control then with any other piece of pr: ;perty. Assemblyman Anderson commented in regard to future violations, in that all complaints would be directed to the Building Official in memorandum form and filed with a report from the Bldg. Official on memorandums so that ..ction could be taken. Mr. Anderson moved that the Borough Manager be instructed to make this a matter of ecta whereby all complaints that came to the .*.lnrough zre diLe..ted to °tae Bus d nq Official in memorandum form and that the Assembly will expect to receive a report on any action on a monthly basis with re- spect to these offenses, if they are 'ustified at all. Dr. ° ck seconded. Dr. Emmic move to table Pfr. Anderson's motion. Kavanaugh seconded. Notion passed with unanimous roll call vote. Mrs. Wallin read summons of RIB vs. Tony Perez into the record along with definition of a junkyard from Municipal Code 17.06.040, Mrs. Kavanaugh stated if action was taken, letting the summons stand, the Assembly would have to go back and take action on any violation that has occurred on Kodiak Island, which are many. Mr. Anderson expressed con- cern of what was going to happen from this moment on. Mrs. Kavanaugh moved that tha Assembly drop the complaint. Mr. P' e ersE on seconded. Motion passed by unanimous roll call vote. I. At this time, the Health Resources Council minutes were taken in consideration. Chairman of the HRC stated the resolutions submitted to the Borough Assembly requested considering a health person. A worksession with Health Resources Council and Borough Assembly was agreed upon for .January 31st. Mr. Brighten read part of the report on rat control and submitted a budget which is to be included in the January 31st worksession also. VI PUBLIC HEARINGS A. Lee Russell; Ordinance #76 -21 -0 rezoning from unclassi- fied to business a portion of land approximately 100,000 sq ft., being a part of USS 1396, adjacent to lots 1A, 2A, 9, 10, 11, 12, 13 & 14, Block 1, Allman Addition. Regular meeting closed, public hearing open by chair. Ted Gerken, City Manager, neither opposed nor spoke for the rezoning reviewing regulations involving air space above Kodiak Muni- cipal Airport operated by the City. He said the houses built around the lake penetrate the existing clear zone, the airport was not an instrument field, and that is was unfortunate that building permits were issued for the area in the past which allowed infrigement in the clear zone. However, an ordinance is being established which will pro- hibit any infringement upon the clear zone. 14044241.9nry:E 74. 7977 Page 4 Mr. Russell ..stated he was 42 feet under the glide slope, that a shopping district wan Needed, the traffic problem in the area of Mill Bay Road would be eliminated, it was impractical to hold to a 40:1 instrument approach because of the clear zone, and that the City had issued 12 building permits in the past year in that area (two of which are under constrnction). Mr. Russell also stated that two shopping cent:r chains were looking at the property and he felt sure them uiLv nuys wuuid do everything to see that the shopping centers would be constructed. Speaking in opposition of the rezoning were the following; Stan Baltzo: Point') out that the proposed shopping center would lie directly in the glide slope. His objection is that the shopping center would be at the end of the lake, becoming a hazard. Many people have purchased lots from Mr. Russell adjacent to the lake in order to have their planes on their property adjacent to each other for security and convenien:e, and Lily Lake is the only float plane fa- cility that Kodiak has. Everett Stone; Home owner in the area of proposed rezoning stated he bean with pilots of Kodiak Western when they needed every bit of the lake. Dick lamer: The area which is in the air field should not bie bit Is the only fresh water area in Kodiak which can be used for float planes, objecting to rezoning. Gary Atwell: Rezoning would indeed effect closure of the float plena facility. Would like to see glide path remain as is; knows of no other fresh body of water to be utilized. Fish s Wildlife, having a float plane, would not like loosing the landing and storage of Lily Lake. Paul Beuker: Opposed to zoning change because if he had an acs ent, he does not vent it to happen in a shopping area. Jack Bunning: Director of dispatch, Kodiak Western, opp- ossdzo g change; safety is biggest concern. Joan Baltzo: Stated as long as there is a nice residential subdivision, business is not needed in the area. Asa Beehler: As a pilot, would not want a shopping center because of a safety cushion necessity. Feels a building placed in the area would be asking for trouhle. Myron Cerro': Opposes as others. An alternate should be provided. Asking for a show of hands of those in the aud- ience opposing rezoning, majority stood. (One stood in favor of resoling). David Ausem: Stated in an area he came from, a shopping cancan effused an airport to move which caused the city to loose its growth. Mr. Tom Hayden, Chairman of Planning & Zoning testified that Planning & Zoning Commissioners were thinking of the Commun- ity as a whom, There is a need for >_.. -, property, that ava uua assess iV It the Commission must consider the community's health, welfare, and safety. They were unaware of the interest by the pilots and the flying public at large. P & Z submitted the Russell request to the Assembly for the need of commercial property. l n n l 2 n 1 2 4 XIS ASSEMBLY MINU...S, Jan. 14, 1977 VII OLD BUSINESS Page 5 Public hearing was closed, regular meeting opened. Mrs. Kavanaugh moved to accept Ordinance 476 -21 -0. Seconded - by Dr. Emmick. Motion railed with Mr. Estes abstaining. B. Asa Beehler. Ordinance 476 -22 -0 rezoning from R -1 to R -2 Blocks 45 & 51, East Subdivision; Lots 5 through 15, Block 1; all of Block 2 and Lots 1, 2, 18 & 19, Block 3, Leite Addition. Regular meeting closed, public hearing opened. Mr. Deadlier spoke of the need of housing in Kodiak speaking of duplex housing, stating he knew of families in the area living in multiple dwellings in an R -1 zone. He owns Lots 7 & 8, Block 45 of East Addition. Mrs. Wallin read one letter of non objection, two letters of objection. Mr. Hayden, Chairman of Planning & Zoning said the Com- mission voted 4 -2 in favor of the rezoning. David Woodruff presented one letter of protest and two petitions signed by property owners in the aroa opposing rezoning, which Mrs. Wallin read into the record. One petition containing 11 signatures, the other, IC signatures. He stated it was one of the last of medium density teas which is an R -1 area. Mrs. Sharratt and Mr. Pod Kaiser voiced protest. Public hearing closed, regular meeting opened. Mr. Anderson moved to adopt Ordinance 476 -22 -0 in favor of resoling from R -I to R - Blocks 73 a 51, East Subdivision, Lots 5 throuen 15 Block all of Block 2 and Lots 1, 2, IS & 19, Leib,. Addition. Seconded by Dr. Emmick. Motion failed 5 - with Hr. Anderson casting a YES vote. Mrs. Wallin suggested that Mt. Heehler contact P & Z to see if they could help him with his problem. C. Lawrence Shaw. Ordinance 476 -23 -0 rezoning from R -3 to business Lots 17A & B, 18A & I1B, 19, Bleak 1, Townsite Addition. Public hearing opened. Since no one spoke on the issue, public hearing was closed, = =gular nesting opened. Mrs. Kavanaugh moved for adoption for Ordinance 476 -23 -0. Seornde4 by Sr. Emmick. No objection was voiced. Motion passed with a unanimous roll call vote. A. Mr. Denrlcw brought to the agenda request for planning for the rural high school development program. The con- ference in nrhornge was attended by representatives of Old Harbor and Port Lions. Jane Petridgs, education man - ,power director, of Kodiak Area Native Association gave a brief report stating no formal recommendations were received from Old Harbor. Tom Shugak who attended the December 14th conference indicated that he would like to go with the Borough as opposed to going with thn State for the construc- tion of the school. Dr. Emmick moved to have this matter removed from the table for consideration at this meeting. Seconded by Mr. Peotter. Motion passed a unanimous roll call vote. Dr.nick moved that the Borough proceed with the capital construction protect for the high school at Old Harbor and Port Lions. Mr. Peotter seconded. Motion passed with a unanimous roll call vote. VIII NEW BUSINESS A. Mrs. Kavanaugh read Resolution 476 -62 -R approving the Borough Assessor's certified tabulation of taxes assessed on property belonging to persons who qualify for the State of Alaska Senior Citizen property tax program. AS 29.53. 020 (e). Mt. Anderson moved to accept Resolution 476 -62 -R as read. Peotter seconded. Motion passed unanimous roll call vote. 1 1 1 1? ' 1 1 2 c KIB ASSEMBLY MINUTES, January 14, 1977 Page 6 B. Mr. Anderson read in full resolution #76 -63 -R approv- ing final plat for subdivision of Tract "I ", USS 3218 (Vincent W. Root and Mary Root). Mrs. Kavanaugh moved for approval of Resolution #76 -63 -R. Seconded by Mr. Anderson. Motion passed with unanimous roll call vote. C. Mr Estes zead in full Resolution #77 -1 -R approving the final plat for subdivision of Tract "C ". USS 1678 (Island Resources). Mrs. Kavanaugh moved for adoption of Resolu- tion #77 -1 -R. Dr. Emmick seconded. 1do}ion passed with a unanimous roll call vote. D. Mr. Peterson read Resolution #77 -2 -R approving the va- cation of utility easement of Block 4, USS 1678, Island Vista Subdivision. Mrs. Kavanaugh moved for adoption of Resolution #77 -2 -R. Dr. Emmick seconded. Motion passed with unanimous roll call vote. E. Dr. Emmick read memo requesting easement intrusion, Island Lake Subdivision, Block 1, Lot 5 by Ki Tae Pak r motion approving request from the December 21, 1976 P & Z minutes. Dr. Emmick moved to grant the easement intrusion for the life of the building. Seconded by Mr. Petersca. Motion carried by unanimous roil caIl vote. F. Mr. Peotter read by title only Ordinance No. 77 -1 -0 relating to the appointment of Borough officers, ccrmis sions and committees. Dr. Emmick moved for adoption of Ordinance #77 -1 -0 on first reading. Seconded by Peterr:n. Motion carried by unanimous roll call vote. G. Appointments were made by Mrs. Wallin, Mayor Pro Tempor as follows: Mr. Leutana Mulitalo to the Citizens Advisory Committee. Dr. Emmick moved to approve Mr. Mulitalo. Seconded by airs. Kavanaugh. Motion passed by unanimous roll call vote. James Ashford's name was submitted for appointment to the OEM Committee. Mrs. Kavanaugh moved to approve the nare of Jams Ashford. Mr. Peterson seconded. Motion carried by unanimous roll call vote. Mrs. Kavanaugh read a letter from United Fisherman's Mar- keting Association re: appointment of Tom Casey to OCS COmmittes. Mrs. Wallin appointed Mr. Casey to OCS Committee. Dr. Emmick moved for ratification of Mr. Casey to OCS Com- mittee. Kr. Z+eotter seconded. Motion passed with unanimous roll call vote. B. Dr. Esmidek moved for approval of the judges for the u pcoming election as listed Mr. Anderson seconded. Mo- n was unanimously approved. (List of Sedges was for election for Borough Mayor on January 18, 1977) I. Dr. Emmick moved to pay the Alaska Municipal League dues based on Borou g hpo ppulation of 2941 [people and the 51 amount of ,054.35 January 1 and $1,654.35 due July, 1977. - Be read comments from Mr. Don Berry, Executive Dir- ectoor which are as follows: We appreciate your support in helping us work successfully for passage of legislation paying your shared revenue in the amount of $42.96 per capita at a by Mr. A cost Carried; unanimous " call t vote9 econded J. Building Official reports, being for information only, Mr. Anderson moved to acce t re its as resented. Secon- • Mr. eterson. Passe y unanimous ro ca votO. 1kB71SS1M3IY IN ls,l :aLu'y `Y4. 3977 Page 7 K. Mr. Estes moved to take School District re ort of 1974 76 un er consi eration. Secon e by r. Emmic . Motion passed with unanimous roll call vote. L. Mr. Peotter moved to accept the School District Budget for 1976 -77 as presented. Seconded by Mr. Anderson. Motion passed with unanimous roll call vote. M. Mr. Peotter moved for acceptance of the November KIE financi' al report. _Mrs. Kavanaugh seconded. Motion passed with unanimous roll cal vote. IX MANAGER'S .:.SPORT A. Reported the Kodiak island Hospital construction pro- ject was proceeding on schedule and 40% complete as of December 21, 1976. B. Bids were taken on solid waste construction on Janu- ary 7, 1977. One certified bid on the project was received for $350,575 by Brechan Enterprises which is approximately $100,000 over the budget as approved by the Community De- velopment block grant for 1976. Bid has been referred to Borough Engineer for evaluation end recommendation. Report will be made on February 3rd as to the best mechanism for dealing with the problem. C. OCS Study now complete and is to be presented at a Joint Forum session on January 25, 1977 with an invitation extended to Borough Assembly, City Council in addition to Planning & Zoning, OCS and OEDP. D. Comprehennive Planning which was tentatively funded. In phone conversation on January 14th with State, a selec- tion could be made from four consulting firms. Firm tenta- tively selected was Cramer, Chin & Mayo of Juneau. Project cost is approximately $60,000. Selection is tentative sub- ject to approval of economic Development Administration. Project notification to proceed should come within 30 days with completion of project by this firm to be by October 30, 1977. E. A marine facility feasibility study is planned for 1977; also a joint management alternatives study. F. Flags which Mrs. Kavanaugh requested for Assembly ' Meeting Room have been ordered. G. Requested to attend National Planning & Policy Confer- ence in Washington D. C. February 18 -23 where the new ad- ministration will be presenting policy positions on various matters relating to local government administration. Con- ference is sponsored by American Institute of Planners. Mrs. Kavanaugh moved to approve the Manager to go to wash - ingEon D. C. on February 18 -23. Dr. Emmick seconded. Motion passed with unanimous consent. X ASSEMBLY COMMENTS A. Kavanaugh: Asked about the townhouse ordinance. Cr. Emmick moved to let the contract if the contractor wiles basis of th revinnn proposal. Mrs. still proceed on the uaaaa .. Kavanaugh seconded. Mr. Denelow will report at the Feb. 3rd meeting. No formal action needed. B. Peterson: No comments C. Emmick: Felt a mistake was made on the Perez property decision. 1 '1 1 1 1 4 9 7 KID ASSEMBLY MINUTES, January 14, 1977 Page 8 ATTEST: D. Estes: Asked if there was a resignation from one of the staff members? Mrs. Wallin stated the matter would be discussed at the January 15th worksession. Also asked about two meetings a month. Mr. Anderson stated he was not opposed to two meetings, however, his work was such that travel. scheduled around the Assembly meetings in order to attend. This is to be discussed at the worksession. E. Peotter: No comments. F. Anderson: agreed with Dr. Emmick, expressing his opinion that a mistake may have been made. Ordinance and violations are very clear; felt he should retract his vote on the zoning offense of Mr. Perez which has a situation as bad as any in town and was allowed to stay. Expressed concern that if ti: was allowed to exist, how can regulations be enforced to lesser offenders. Mrs. Wallin stated this would be discussed in the worksession which would set guidelines for the Build- ing Inspector. Once set and published in the paper, stat..ng from this day forth the rule shall abide as such, and once in effect, the Building Inspector would have the backing of the Borough Assembly. G. Wallin: Reminded members of the worksession set for January 15th which was to be attended by the Building In- spector, Borough Manager, City Manager, Attorney. The possibility of the Assembly having its own Building Inspec- tor would be discussed. Guidelines would be set for per- sonnel policy committee; the city cemetery to be discus= with the City Manager. XI AUDIENCE COMMENTS A. Nick Szabo: Re; Perez, he asked what new criteria was going to be established for building permits, etc. He felt that rules and regulations were pretty complete at present regarding zoning, permits, etc., stating that regulations must be enforced, and if not acted upon, becoming meaningless. B. Perez: Stated the Assembly did inspect his property. Material in his yard, he feels, does not constitute a junk- yard; that he was trying to comply; that only one person complained and that he had been hasseled for two years. XII ADJOURNMENT Meeting was adjourned at 11:20 p.m. /9/. / ,v�.:.<W Borough Clerk PresidipTfficer