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1977-04-07 Regular MeetingKO LaZ TELAZD :ok:UGH ASSEMBLY MINUTES - April 7, 1977 I CALL TO ORDER 11 ROLL CALL Present Leslie Anderson Dr. Michael Emmick Hurl Estes Sandra Kavanaugh (Late arrival - 6:10 p.m.) Frank Peterson Betty Wallin James Peotter Mayor S. Wayne Kotula (Late arrival - 9:00 p.m.) Approximately 20 people were in the audience. III MINUTES FROM PREVIOUS MEETING A. Mrs. Wallin requested that the sentence on the last page of the Assembly meeting minutes of March 3, 1977 which reads: "Mrs. Wallin then withdrew her motion" be stricken from the records. Mr. Anderson moved to accept the minutes of March 3, 1977 as corrected, seconded by Dr. Emmick. Motion carried with unanimous consent. IV MINUTES FROM OTHER MEETINGS A. Mrs. Wallin moved to accept the minutes of Planning and Zoning of March 16, 19/1 as presented. Seconded by Dr. Emmick. Motion carried with unanimous consent. B. School Board Meetings of February 28 and March 14, 1977. Dr. Emmick moved for acceptance, seconded by Mrs. Wallin. Motion carried with unanimous consent C. Kodiak Council on Alcoholism, March 10, March 24, 1977. Dr. Emmick moved for acceptance. Seconded by Mrs. Wallin. Motion carried with unanimous consent. D. Citizen Advisory Committee for Personnel Policy of March 2 and March 16, 1977. Dr. Emmick moved for accep- tance seconded by Mrs. Wallin. Motion carried with unanimous consent. 'E. Mental Health Center of February 18 and March 16, 1977, Mr. Peotter cast a unanimous ballot for acceptance of the minutes. Accepted. V. COMMUNICATIONS AND APPEARANCES A. Letter from State of Alaska, Department of Revenue Alcoholic Beverage Control Board was read by Mr. Anderson re: application for renewal of liquor license for Kalsin Inn, Chiniak Road; Harold Sargent and VFW Club, VFW Katmai Post #7056, Kodiak. Mr. Anderson moved to voice no ob1ection. Seconded by Mr. Peterson. Motion carried with unanimous roll call vote. B. Letter from Kodiak Area Chamber of Commerce dated March 23 re: Borough to fund one -half of the Kodiak Island e..end puuiic information brochure. Question was raised on the legality of taxation and use of public money. It was stated that residentsr.of the city would be contributing twice through local government, coming under two government entities. Dr. Emmick moved to make the appropriation to the Chamber of Commerce if it is considered legal by our counsel. (51,24/.50) Seconded by Mrs. Kavanaugh. Motion tailed 4 -3 by the following roll call vote: Anderson NO; tmmick YES; Estes NO; Kavanaugh _ YES; Peterson NO; Wallin YES; Peotter 40. i n n l l n 4 1 4 KODIAK ISLAND BOROUGH ASSEMBLY MINUTES, APRIL 7, 1977 Page 2 C. Letter read from L. G. Schneider & Sons, Inc. dated March 8, 1977 by Mr. Peterson re: Sawmill at Island Lake, owned by A. Hansen stating that Mr. Hansen had been granted a one -year variance to allow him to relocate his mill on properly zoned land which to date, he has not done. Mrs. Wallin made a motion to recommend that the Hansen property, Miller Point Alaska Subdivision ' Block 7 Lot 2 be referred to the Planning & Zoning Commiss3on for further study to include a final plan. Seconded by Mr. Estes. Motion car- ried 6 -1 with Dr. Emmick casting a NO vote. D. Letter dated March 21, 1977 from Diedie L. Bailey con- cerning Lot 3, Block 5, Miller Point Subdivision which they purchased at a land sale in 1972 was read. The Bailey's voluntarily gave it back to the Borough as they were told a new State highway would be going through that lot after they purchased it, however, have requested reinstatement of the contract since the State did not take but .27 acres of the property. No action was required since all land sales requests are being handled by the Borough Manager's office. E. Letter dated March 22, 1977 from Peter & Laura Resoff was read re: purchase of Lot 4, Block 1, Miller Point Sub- division. No action was required. Land will be made available as soon as is practical. This request was re- ferred to the office of the Borough Manager. F. Better dated March 11, 1977 from Madelyn Vertz, Chair- person PRR Committee, Kodiak Borough Education Association re: notification of Mr. Asa Beehler's wish to appeal the Level Three decision regarding his grievance filed against the Kodiak Island Borough School District was read. Mr. Anderson submitted the name of Bill Miller and Mrs. Wallin stated that the names of Betty Springhill and Gaynelle Hat- cher were submitted at the Assembly worksession. No action required. G. Letter dated April 5, 1977 from Patrick B. Holmes recommending that the Borough initiate a review of Title 17 of the Borough Code was read by Mr. Anderson. Mr. Estee moved to forward the letter to the Zoning Official and Planning and Zoning. Seconded by Mr. Peterson. Motion carried with unanimous roll call vote. VI PUBLIC HEARINGS A. Ordinance 77 -5 -0 rezoning the unzoned portion of U.S.S. 1682 to be zoned R -3 with R -1 buffer zones requested by L. L. Russell. Regular meeting closed, public hearing opened. Mr. Peotter read letter received from Steven T. & Catherine D. Olsen stating they were in favor of the proposed zoning as long as the proposed buffer zones are zoned R -1, as they feel that multiple dwelling complexes will ruin the atmosphere of the area. Mr. Edward Jack speaking against the rezoning stating he was not notified of the public hearing as his name does not appear on the property card in the Assessing Department, but that of the e.�ta t ' H a the Comprehensive Plan was in conflict with the proposed rezoning; the majority of the land in question under the Comprehensive Plan is listed to be medium density, no greater than R -2, being a direct conflict; stated the re- quest for rezoning was for 63 acres, however, not more than 23 acres can be rezoned; felt that Mr. Erwin, Planning and Zoning Commission member should have abstained when the vote was taken for this request at the P & Z Commission meeting. i 1 n 1 n^ n 4 a 5 KODIAK ISLAND ASSEMBLY MINUTES, APRIL 7, 1977 PAGE 3 Mr. Sid Omlid objecting, being concerned about the high population density which will be created by an R -3 zoning in a single family residential area. Bill Barker felt a guarantee is needed from the developer; a development plan should be submitted to the Assembly. Olaf Omlid objecting - agreed with the three previous speakers. Lee Russell stated his surprize at the objections since there had been a work session open to the public regarding submitting the request. In response to the question asked by Assemblyman Kavanaugh, Hz. Russell stated his plans for the area were to build townhouses. Mr. Russell also stated he was in favor of a developer coming to the Borough with a set of development plans, rather than blanket zoning. Be- cause of the cost, he does not have an in -depth plan. He would like the assurance of a rezoning first. Mr. Williams, P & Z Chairman, stated the original request was to be zoned industrial. Since there were points which needed discussion, the request was taken to a public work session where Mr. Russell chose to change his request from industrial to an R -3 zoning with an R -1 buffer zone around it, which was worked out with the public. Following the work session it was brought again to P & Z for approval. Public hearing was closed, regular meeting reopened. Mrs. Wallin moved to refer this item back to P & Z and request that a development plan must be included to show how Mr. kussell more adequately plans to use the land. Seconded by Mr. Peterson. Motion carried 6 -1 with Tars. Kavanaugh casting a NO vote. B. Ordinance 77 -6 -0 adopting the Zoning Official plan in accordance with Title 2.26 and Title 17 of the Borough Code was read by Mr. Peterson. Regular meeting closed, public hearing opened. There were no comments. General meeting reopened. Mr. Estes moved for adoption of Ordinance 77 -6 -0, seconded by Mrs. Kavanaugh. Motion carried with a unani- mous roll call vote. C. Ordinance 77 -7 -0 amending the schedules relating to pay ranges and class titles for employees of Kodiak Island `Borough and providing an effective date was read by Dr. Emmick. Regular meeting closed, public hearing opened. There were no comments. Regular meeting reopened. Mr. Estes moved for adoption of Ordinance 77 -7 -0, seconde3 sy Sirs. Wallin. Mr Pepprenn moved to emend the motion to jdd: "THEREFORE. BE IT ORDAINED that subi pay raises be implemented upon passage of this ordinance'. Seconded by Mre. K,pvnnat'gh. Carried with unanimous roll call vote. Ouestion called on main motion. Carried by unanimous roll call vote. VII OLD BUSINESS A. Re: Karluk spit storm damage report. A report from R. A. Jones, Borough Engineer indicated that a program of spit stabilization would require capital construction of a specialized nature exceeding the technical and budgetary resources of the Borough or Department of Community and Regional Affairs. Technical and financial resources of the State of Alaska and the United States Army Corp of Engineers would be required. Resolution 77 -18 -R requesting Governor Jay Hammond declare a state of emergency with respect to the n n n n 2 n 4 4 KODIAK ISLAND n.,ROUGH ASSEMBLY MINUTES, AI- .....L 7, 1977 Page 4 Karluk spit erosion problem was read by Mrs. Kavanaugh. Mrs. Kavanaugh moved for adoption. Seconded by Mrs. Wallin. Mr. Peotter read letter from Gov. Hammond regarding the Karluk spit problem sent to the Borough. Question called. Motion carried with a unanimous roll call vote. VIII NEW BUSINESS A. First Reading, Ordinance 77 -8 -0 relating to votes cast in at -large elections was read by title only. Dr. Emmick moved for adoption of first reading. Seconded by Mr. Peterson. Carried 5 -2 with Mr. Estes and Mrs. Kavanaugh casting NO votes. B. First Reading, Ordinance 77 -9 -0 rezoning Lot 6, Block 4, Baranof Heights to be designated R -3 (Gerald Gudenau) read by title only by Mr. Estes. Mr. Estes moved for adoption, seconded by Mrs. Kavanaugh. Carried unanimously by roll call vote. C. Resolution 77 -14 -R designating individuals authorized to execute negotiable instruments for Kodiak Island Borough was read in full by Mr. Anderson. Mrs. Kavanaugh moved for approval. Seconded by Mrs. Wallin. earried 'by a unanimous roll call vote. D. Resolution 77 -15 -R approving final plat for subdivision of lots 6,7 and 8, Crestview Subdivision, U. S. S. 3218 (Mike Rasmussen and Gary Roberts) was read in full. Mr. Anderson moved for adoption, seconded by Mrs. KavanauHT. tarried unanimously by roll call vote. E. Resolution 77 -16 -R approving of Lots 1 and 2, Block 6, Miller Addition (Dewitt Fields) read by moved for adoption. Seconded by by unanimous roll call vote. final plat for subdivision ?oint Subdivision, First Mr. Peterson. Mr. Anderson Mrs. Kavanaugh. Carried F. Resolution 77 -17 -R approving final plat for subdivision of Lot 4, Block 3, Bells Flats (R. G. York) Dr. Emmick moved for adoption. Seconded by Mrs. Kavanaugh. Carried by unanimous roll call vote. G. Resolution 77 -19 -R requesting immediate action by the Bureau of Land Management for Performance of a Cadastral Survey on the Monashka Bay Subdivision land was read in full. Mrs. Iavanaugh moved for adoption seconded by Mr. Anderson. Carried by unanimous roll call vote. H. Resolution 77 -20 -R soliciting support of Alaska Con- gressional Representatives for the Kodiak Dog Bay Boat Harbor project was read in full. Mrs. Kavanaugh moved for adoption seconded by Mrs. Wallin. Carried by a unanimous ro call vote. I. Appointments to the Planning and Zoning Commission. City of Kodiak submitted the names of Phil Anderson, Tom Logan and Jim Ashford as representatives to the P & Z Commission in a letter dated March 30, 1977. In the absence of Mayor Kotula, Mrs. Wallin, Mayor Pro Tempore appointed Phil Anderson. Mrs. Kavanaugh moved to ratify the appoints. meat. Seconded oy nr. Anaerson. Carriea unanimously oy roll call vote. Second appointment was Mr. Tom Loganl Mr Anderson moved for ratification seconded by Mr. Peterson. Votes cast were as follows: An YES, Emmick NO, tstes NO Kavanaugh WO Peterson, YES Peotter YES and s. a in .rea ing t e tie vote •y cast ng a Y Clerk was instructed to notify the new appointees. vote. 1 0' 1 2 0 4 4 7 KODIAK ISLAND BOROUGH ASSEMBLY MINUTES, APRIL 7, 1977 PAGE 5 J. Appointments to the Mental Health Board. Following are the appointments made by Mayor Pro Tempore Wallin: Carlos Tatum was recommended for a three -year term. Mr. Peterson moved for ratification, seconded by Mr. Estes. Carried by unanimous roll call vote. Guy Powell was recommended for a three -year term. Dr. trick moved for ratification, seconded by Mrs. Kavanaugh. Motion carried 4 -Z with Mrs. Ravanaugh and Mr. Peterson casting NO votes. Joan Farr was recommended for a three -year term. Mrs. Kavanaugh moved for ratification seconded by Dr. Erick. Carried 4 -2 with Mrs. Kavanaugh and Mr. Peterson casting NO votes. Margaret Olsen was recommended for a two -year unexpired term. Dr. Emmick moved for ratification, seconded by Mr. Estes. Carried 4 -2 with Mrs. Kavanaugh and Mr. Peterson casting NO votes. K. Appointments to Citizen Advisory Committee for Personnel Policy for Kodiak Island Borough employees. Dr. Emmick moved that the three appointments be made as a group rather than individually. Seconded by Mr. Peterson. Carried 5 -1 with Mrs. Kavanaugh casting a no vote. Mrs. Wallin, Mayor Pro Tempore appointed the three names presented -- Owen Tarr, J. Tim Johnson and Carol Smuthers to the Citizens Advisory Committee for Personnel Policy. Mr. Peterson moved for ratification. Seconded by Dr. Erick. Carried 5 -1 with Mrs. Kavanaugh casting a NO vote. L. Mrs. Kavanaugh read the correspondence presented re: Watershed Zoning Proposal recommending that the proposal and report be referred to the Planning and Zoning Commission for proper evaluation and recommendation. Mrs. Kavanaugh moved to follow the Borough Manager's recommendations. Sec- onded by Dr. Emmick. Carried with unanimous roll call vote. M. Correspondence re: Proposed Land Acquisition and Dis- position ordinance was read by Mr. Peterson stating that Borough attorneys Cole, Hartig, Rhodes, Norman and Mahoney have completed a review of municipal land acquisition and disposition requirements to conform with Alaska Statutes 29.48.260. Recommendation was made that the material be reviewed and studies for consideration by the Assembly. Mrs. Wallin moved to accept the document to consider for Study at the first appropriate woricsession avaliaDie. Sec- onded by Ur. bmmick. Mrs. Kavanaugh amended the motion to have the ordinance on the agenda of the May meeting. Mr. Peterson seconded. Carried unanimously by roll call vote. Question called on main motion. Carried by unanimous roll call vote. N. Dr. Emmick read correspondence dated April 4, 1977 re: Mechanism for insuring inclusion of village data in OCS impact analysis. Recommendation by Borough Manager that the Borough Assembly authorize the staff to utilize OCS Council travel funds in the amount not to exceed $2,000.00 for the purpose of arranging travel by the consultant Simp- son, Usher and Jones to the respective villages for data in accordance with the requirements of the OCS work program. Mrs. Kavanaugh moved to follow the recommendations of the Borough Manager. Seconded by Dr. Emmick. Unanimously carried by roll call vote. 0. Letter re: Borough building exterior sealing and paint- ing requirements. Borough Engineer, Rolland Jones had been contacted with regard to the deterioration of the Borough building to provide an architectural engineering inspection. There has been extensive interior wall damage and moisture seepage. It was recommended that the Borough solicit bid proposal from qualified contractors for the exterior wall 1 j 1 1 1 1 fl fl 4 4 KODIAK ISLAND BOROUGH ASSEMBLY MINUTES, APRIL 7, 1977 PAGE 6 treatments and painting. Bids are to be opened on or about May 3, 1977. Mrs. Kavanaugh moved to follow the recommenda.`rin tion of the Borough Manager. Seconded by Dr. Emmick. Carried unanimously by roll call vote. P. Re: Kodiak Island Borough School District Submittal 1977/78 School Budget dated April 4, 1977. Work session on the school budget had been tentatively scheduled April 23, 1977 at 9:30 a.m.; special public hearing and Assembly meeting tentatively scheduled April 29, 1977 at 7:30 p.m. Mrs. Wallin moved to accept the Manager's recommendation for the work session and public hearing as presented. Seconded by Mr. Peterson. Carried unanimously by roll call vote. Q. Proposal from Peat, Marwick, Mitchell and Company annual audit for year ending June 30, 1977 in the amount of $25,500 with the Borough providing housing for the auditing firm was presented. It was recommended by the Manager that the Borough approve the proposal. Mrs. Kavanaugh moved to follow the recommendation of the Manager. Mr. Peterson seconded. Unanimously carried by roll call vote. R. Re: Back taxes on part of Lot 24, Block 14, Townsite for $510.58. Sale of this lot to Richard Ryser was approved by Borough Assembly on November 10, 1976. Permission to forgive uncollectable back taxes was requested by Borough Cashier. Mrs. Kavanaugh moved to allow the Cashier to for - give the uncollectable taxes in the amount of 5510.58. Mr. Peterson seconded. Mr. Peterson moved to table the mattes until such time as the code in interpreted. Seconded by Mrs. Wallin. Motion carried 4 -3 with Dt. Emmick, Mrs. Kavanaugh and Mr. Peotter casting NO votes. S. Financial Statement from Cole, Hartig Rhodes, Norman and Mahoney was presented in the amount of $3,644.69. Mrs. Kavanaugh moved to pay the amount presented. Seconded Mr. Anderson. Carried by unanimous vote by roll call. T. Kodiak Island Borough Financial Report for the month of February presented. Mts. Kavanaugh moved to accept the report. Seconded by Mr. Peterson. Carried with a unani- mous roll call vote. U. Building Inspector's monthly report for March, 1977 showing eleven building permits issued in the month for a -total valuation of $217,450. Mrs. Kavanaugh moved for ac- ceptance of building official report. Mr. Anderson seconded. Carried unanimously by roll call vote. IX ZONING ADMINISTRATOR REPORT A. Monthly activities report for March 1977 was presented. Mrs. Kavanau h moved to acca t the re ort and follow the recommen t one o t e zon ng o c a. econ • by Anderson. - Carried - with unanimous roll call vote. commea tons: • case o ansen er oint, Alaska Subdivision, Block 7, Lot 2 be referred to P & Z Comm, for further study. (2) The Borough Assembly drop charges against the defendant (Ogden - U.S.S. 3100, Lot 13A) and re- fer case to P & Z Commission for reconsideration, based on new facts presentee. (c) Borough Assembly grant Gus Yovino Monashka Bay Alaska Subdivision, Block 1, Lot 21, permission to build a 12' wide road to his property provided that the road will meet borough standards specified in KIB Code 16.24.020. 1 9 O^ 2 1 0 4 1 9 KODIAK ISLAND BOROUGH ASSEMBLY MINUTES, APRIL 7, 1977 PACE 7 X MANAGER'S REPORT A. HUD three -man team was in the Borough offices the week of April 4, 1977 to review the HUD community block program. Their report was a positive one. B. Village Sanitary land fill program was completed as of April 1, 1977, has been inspected by the Borough Engineer; this being a refundable project under community development block grant in the amount of $246,000. C. OCS grant has been approved. Contract is on its way to the Borough. Existing grant should be amended to June 30, then extending the contract to accomplish items for Phase II. work. D. Health Resources Council will have reorganization pro- posal for April 18th meeting. A tentative meeting /work ses- sion with the Borough Assembly and Health Resources Council has been set for April 23, 1977. KI ASSEMBLY COMMENTS A. Emmick: Stated of marily to be concerned witconcept nd assisting etvillages pr- remote areas assisting the officials in the villages; ad- ministration; grant application; coordination, etc. Feels that an experimental program of this nature might get favorable attention as far as grants are concerned. Also, should think of the concept of a small Sheriff's department. There is a significant population outside the city limits and the Borough the AlaskaStateTro does v enforcement Troopers must bereliedupon. Funds available through Revenue Sharing. B. Peterson: Has been discussing st_re situation with the Department of Community and Regional affairs. Re: Letter of request for funds from Chamber of Commerce, and the Borough government providing tax dollars for such an effort where this responsibility rests with the Chamber. Feels taxpayers would be taxed double. C. Kavanaugh: Sugg'sted change of time for Assembly meet- ings. Mrs. Kavanaugh moved to change the meeting time of the Borou gh Assembly from 6:00 p.m. to 6:30 p.m. Seconded by Mrs. Wallin. Motion carried unanimously by roll call vote, D. Wallin: Mentioned the Homestead Act (State land) which passed referred the rred to in the March 16, 1977P Z minutes as to the time it would come up. Statement made in the P & Z minutes was that there was no immediate plans for such a change in zoning; it is something to continue to consider and work at in future work sessions. 3) Asked if a work session had been planned for the Island wide conservation zone. 4) Asked if the Attorney's opinion on Ordinance 73 -20 -9 establishing a planning commission, at large status had been obtained. (This item at present with the Attorney) E. AnA Expressed concern aboutaunificationr tRe:RlSchoolnbudgetl-- felt strongly abo•_t fact that we have line item authority or we don't; is not opposed to giving the school board authority. F. Estes: 1) Is hesitant in sending items back to P & 2 when they have done their work. 2) Re: Sale of land. 1 ^. n 1 el ? n 4 s n KODIAK ISLAi1D BOROUGH ASSEMBLY MINUTES, APRIL 7, 1977 PACE 8 Wait for comprehensive plan - surveyed vs. unsurveyed land. Policy must be discussed before there is to be land sale, setting policy and establishing an ordinance to prevent problems. Mr. Peterson suggested the Manager present a catalogue of all surveyed lands within the Borough. G. Mr. Peotter: No comments H. Mayor Kotula: No comments I. Mr. Peterson inquired on the progress of the parking lot situation - (referred to School District). Mrs. Wallin re: skating rink issue - requested that copy of the brochure on the skating rink materials be sent to Rev. Paul Brunning, Parks and Recreation Committee. It was requested that Fred Gaffney be included in the mailing of the brochure. XII AUDIENCE COMMENTS XIII ADJOURNMENT ATTEST: A. Ron Ball: Inquired of joint P & Z and Borough Assembly worksession. Date has been set for 6:30 p.m., Thursday, April 21, 1977. B. Carol Lechner: Asked of progress of survey questionnaire. (Has-been referred to University of Alaska urban observatory to prepare it for data printing) Assembly approvad a con- sultant to go to all villages to assist in filling question- naire on a one to one basis, she was informed. 2) Re: Uni- fication; asked the Assembly to send City Council a formal request to meet together in a joint session. Meeting was adjourned at 10:45 p.m. ., r i r tic r Approved: Borough Mayor "