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08/29-30/1968 SM, J I, !1 1 KODIAK ISLAND BOROUGH SPECIAL ASSEMBLY 1'lEETING - August 29 -30, 1968 I GALL TO ORDER The meeting was called to order at 7 :45 p.m. by.Presiding Officer Jo Hajdu in the Courtroom of the Nets State Office Building, Kodiak, Alaska, on August 29, 19584 II ROLL CALL III ITEMS OF BUSINESS Approval of Phase I of Comprehensive Plan. mt. Chapman of Tryck, Nyman and Hayes explained that the Plan was divided into two phases in order to gain madsmuzn matching funds from ASHA. Phase I is more general, and Phase II will go into detail on sewer, water, streets, airports, etc. Mr. Chapman requested approval from the Assembly for printing Phase I. He listed the items to be included, and explained that each section had been distributed to the Assembly, Planning Committee, etc., for their review. It had been intended to include the section on the villages in Phase II, but his office felt that it should be included in Phase I. An addendum on this section will be printed later if necessary. He explained sane minor charges which had been made in the land use plan, and that this plan will not legally affect the present zoning plan. Titre land use plan indir'ates the logical zoning for the community in 1999, and should indicate the desires of the community for future zoning. The zoning plan, which if adopted would be the legal zoning for the present, would protxeb?y have to be updated every five years as it approaches the future land use plan. Mr. Arndt stated that he was not convinced that the land use plan should be approved as a guide for the future. Mr. Barr felt that it would be a great safeguard for individuals, since it would allay people to build today with sane assurance that they would not became trapped in an industrial area in the future. He felt that if the community would study and approve a usable plan, it would be very helpful. He also pointed out that if another drastic change occurred in the community, such as the tidal wave or the•p� of oil, the land use plan would have to be redone again. Mr. Ambit felt that the elimination of business zoning in the Mill i3ay Road area was unwise, since it would keep the little man from opening a business if he could not afford the property downtown, and that only speculators would succeed. He also felt that he was not yet ready to vote on Phase I, since he had not studied it sufficiently. Mr. Barr agreed that he would like to study it further, since acre changes had been made than he anticipated. He has studied the majority of the Plan, how- ever. Mrs. Hajdu stated that the Plan is required in order to be eligible for Federal funding, and that this was the main reason why the Borough and City had appropriated funds for the Plan to be accomplished. She felt that the Assembly had had ample time to review the Plan, and had an obligation to approve it. She asked why cannery sites had been proposed on the side of Near Island facing the City. Mr. Chapman explained that the far side of the island had been reserved for the possible location of the Marine Institute there, and that the problem of cannery waste disposal could be more easily solved by locating the canneries as close together as possible. Mr. Barr stated that the whole comunity should be involved in the formation of the Plan. Mr. Chapman said tkat the Planning Committee had offered same suggestions, but not as many as anticipated. Fir. Arndt suggested a joint meeting with the Planning and Zoning Commission before approval is given to Phase I. Mrs. Hajdu suggested setting a date in the very near future, since time was of the essence. Hr. Barr felt that a discussion of the lard use plan was in order, since this would have the most immediate effect on the public. Mr. Barr moved, seconded by Mr. Arndt, that this item be tabled until after oanpletion of the other three items of business. Motion carried by unanimous voice vote. B. Awarding of Contracts for Akhiok Village Sdool. A letter from the School Board requesting Assembly approval of awarding of con to J. B. Inter- - national Co. of Anchorage for an addition and remodeling of the Akhiok School complex, and to Arndt Brothers of Horner for transportation of the prefeb school from Kodiak to Akhiok, was read. Mrs. Hajdu asked if the School Board had the authority to award contracts. Mr. Schott stated that the Board was acting in the name of the Borough. He stated that the contracts were within A. Present Absent Mrs. Jo Hajdu, Presiding Officer Don Bullock Don Arndt Betty Springhill i l Jim Barr Also present: Ray Goodman, City Manager; Ivor Schott, Supt. of Schools; Jim Stansbury, Building Inspector; John Chapman of Tryck, Nyman and Hayes, and one person in the audience 7 SPECIAL ASSEMBLY MEETING - August 29 -30, 1968 2 the amounts of the funds appropriated for these purpcses. A letter was read from the Building Inspector to the architects, Crittenden, Cassette, Wirtun and Cannon, outlining some questionable item:; and asking if the prefabricated classrooms would meet the Borough Building Code, since no plans for it had been provided. Mrs. Hajdu quoted foom the Statutes that the School Bard is responsible for design criteria, subject to approval by the Assembly, but that the Assembly is responsible for all major rehebiliteticn /and construction. She requested that the Board be sent a copy of this section of the Statutes. She asked what could now be done aeout the design deficiencies ein..ce the contracts had already been awarded. i4r. Schott stated that since these Northland Camps buildings were being used by the State Degartrnnt of Education in other areas of Alaska, - he had assumed they would meet the Building Code. Mrs. Hajdu asked if a letter should be sent to the cor tractor_ s stating that the contracts had been awarded in error. IL. Barr did not think this would be vice. Mrs. Hajdu said that letters should then be sent fr r. the Borough confiem ng these awards to take care of their leg:.lity, but she cueeticn::d awarding a contract for a pre- fabricated building for which the piars have not yet even been seen. Mrs. Hajdu felt that the School Board should not continue to exceed their authority. Mr. Barr felt that this is probably a misunderstedni.r; caused by previous delegation of authority by the Assembly. He felt that the responsibilities of the School Board and of the Assembly should be clearly defined and agreed upon. Mts. Hajdu concu,:r:.d. She also requested that the School Board minutes be made more comprehensive. She stated that she was not aware from the minutes that the School Board was planning to go ahead with this project. Mr. Barr felt that the School Board should take care of the detail work up to the awarding of contracts for construction, in the meantime keeping the Assembly informed by preliminary plans, and then coma to the P.sserrbly for final approval. idrs. Hajdu added that the Assembly should first be requested to give their approval of the concept of the plans, since the Assemblymen would be negligent in their responsibility if they did not make sure that funds were being correctly spent. She requested that a copy of the minutes of this meeting be sent to the School Board. Mr. Arndt stated for the record t1rt he had a financial interest in the freight contract from Kodiak to Zkhio'.. He al::o said that the building was being shipped from Seattle on August 30 and that peeihaps a call should be made to Northland Camps to determine if the building would meet the Code requirements. Also, if the building had already been loaded on the barge, it would be out of the question to cancel the ()edge. ilr. Parr abated that since the Uniform Building Code adopted by the J:crouglh is also the Code used by the State, the building should erect the Code. Mr. Stansbury stated that Northland Camps makes several types of buildings, and from the specifications, which were very general, it appeared that this was only a temporahy building. Mr. Schott was under the impression that it was a. permanent building. I1r. Barr suggested a call be made to Northland Camps„ conf irtr.ed by lett; r_ , stati.ng that the building rust meet the Building Cede, requesting ccmp1.e'.:e plans and specs. Another contract would have to be awarded in order to bring the building up to Code if necessary. After further discussion, Mr. Barr roved that the School Board be instructed to submit the purchase order tor the Northland Carps building for Akhiok to the Borough Attorney for revie as to its actual status and as to the possibility that the m-;nufac _veer can be ride to bring the building up to the Building Code, and that upon completion of the review, the ratter be referred to the Borough Staff for action, if possible, to make the building comply with the Borough Code. Motion seconded by Mr. Arndt. Mr. Barr felt that rather than wait until spring to open the school, if the building would n meet tlhe„ Code, the Borough would probably overrule its own Code. Mr. Stansbt•4 felt that the lives of the children were more important than their educatiox, in case the building were not safe, and. it was agreed that it would be better to bring the children to Kodiak to teach them than to erect an unsafe building After further discussion, notion carried by unanimous roll call vote. Request from Kenneth ChmMte for Use of Water on Borough Property. This item was not on the agenda and so no formai action could be taken. A letter from Mr. Chamberlain was read requesting an easement across Tr. A of the original Miller Point Subdivision in crder to obtain water. The Assembly concurred in granting a short -teen easement if it in approved by the Srni.t_rian. Mr. Chamberlain stab that if the easement is sheee -teee, he will drill a eel_I for f'.rture use. Mr. Stansbury stated that the City hee a public use permit form which could be used in this case, which would ello;a Mr. Chamberlain use of this property without requiring him to obtain en easement. This fo *m ,allows usa of the property for five years for a $1.00 fee, requires plans showing where the lines will be, and wag relievedthe Borough from responsibility in case of any problems Mr. Stansbury will submit this form to the Borough Office, and this item will be placed on the agenda for September 5 for final approval. SP '' AI[ 1SSI 1BLY I FETING f . At gu t 2g -3(, 1968 3 B. (continued) It was agreed that formal action on the awarding of the contracts - be postponed until the continuation of the meeting on August 30. Mr. Barr moved, seconded by Mr. Arndt, that further consideration of the contracts for the Akhiok School be ta,._;led until the last item in the meeting. Uotion carried by unanimous voice vote. C. Discussion of Hospital Lease Contract with Grey Nuns. The contract had been amended to include the provision that any profits are to be applied toward the previous year's deficits before they are expended. Also, the Attorney advised that the Borough could uce any legal manner they wish to collect due bills. Mir. Barr moved, seconded by Mr. Arndt, for approval of the hospital lease contract with the Grey Nuns as amended. Mot5:on carried by unanimous roll call vote. D. Discussion on Proposed School Bond. A letter from Mr. Schott giving all of the information on the necessity for the school bond, and suggesting that the questions be listed on the ballot as follows: (1) high school, East Elementary School Addition, and Ouzinkie School - $3,338,027; (2) high school with auditorium, East Elementary School Addition, and Ouzinkie School - $3,873,427; (3) high school with :.win -ring pool, East Elementary School addition, and Ouzinkie School - $3,731,077; (4) high schcol with auditorium and scrirming pool, Eat Elementary School addition, and Ouzinkie School - $4,266,477; and (5) no improven:nts. Mr. Schott explained that all of the estimated costs had been increased by the architect with the explanation that building costs have increased since the original estimate was male two years ago, and that building costs in Kedi• :k are 1.47 times those in Anchorage. Mr. Barr and Mrs. Hajdu felt that these costs were very high, and thought that if the bend issue passes, the plans should be carefully checke . over with the intent of reducing the costs ten to fifteen percent. I'1. Beet's suggested layout of the question_ for the ballot were not available, but Mrs. Hajdu stated they were based on Mr. Schott's letter, with the exception of #5. Mr. Goodman asked if the election notice for a school bond issue had to be published 4 weeks before the election, which would mean publication on the following day. Vhi1e the Statutes were being reviewed, the need for a Borough Clerk was discussed. The information concerning publication of the election notice was not available. If case of the necessity for publication the next day, Mr. Barr moved, eeconded by t2_. Arndt, that a resolution be pasted in title only placing the school bond issue for the construction of school improvements s in the Kodif k Island Borough on tha October 1 ballot. Motion carried by unanimous roll call vote. IV FFCYSS Mr. Barr moved, seconded by i lr. Arndt, that the meeting be recessed until 11:00 a.m. on Friday, August 30, in the Borough Office. Motion carried by unanimous voice vote. The meeting was recessed at 11:30 p.m. on August 29. V MEETING RECONVENED The meeting was reconvened at 11:15 a.m. en August 30 in the Borough Office with Mrs. Hajdu presiding. VI ROIL CALL Present Absent Mrs. Jo Hajdu, Presiding Officer Don Bullock Don Arndt Jim Barr Betty Springhill Also present: Ivor Schott, Supt. of Schools; Jim Stansbury, Building Inspector; Dexter Ball, Planning Committee Member; John Chapman of Tryck, Nyman and Hayes. III B. Awarding of Contracts for Akhiok Village School (continued). Mr. Barr reported that the i.orthland Camps school building had already been loaded on a barge and would be shipped from Seattle that evening. A contract for the building had been signed by Air. Schott. This contract required only that Northland Camps notify the Borough if the building does not meet theEorough building regulations. Mr. Cannon of the architectural firm had been contacted, and he was of the opinion that i ze building would meet the Uniform Building Code, including the wind load. If the Borough Assembly would reject the School Board's action in awarding the contracts, there would be a chance of a law- suit against the Sc.anol Boand and the Snperinte. dent individually. Mr. Barr felt that the buiYing would come close enough to meeting the Code so that it could be modified to meet it, and that the Assembly should approve the Sdiool 1 1 ! 1 1 9 t? SPECIAL ASSEMBLY MEETING - August 29 -30, 1968 4 Board's action. Mrs. Hajdu asked if there weuld be another possible use for the building if it could not tie modified to meet the Code. Mr. Schott stated that no other use had been planned. Mr. Barr said that he had requested Mr. Cannon to write to Northland Camps, asking them to certify as to the building's compliance with the Code. He felt that more money would be spent delaying the Shipment than modifying the building. Mrs. Hajdu concurred that since the building is on the way, the best course of action would be to follow up the School Board's award of contracts with confirmation by the Assembly so that the contracts would be legal and the School Board could not personally be held liable. It was determined that the construction contract for the foundation would not change even if the building had to be modified. Also, it was agreed that any modifications would have to be made in Akhiok due to the physical impossibility of getting the building to Akhiok later on because of weather. Mr. Barr moved for concurrence and approval of the plans and specs for the Akhiok village school for the contract with Northland Camps, the contract with Arndt Brothers, Inc., and the contract with the J. B. International Co. Mrs. Hajdu stated that she would vote against this motion, since she aces :not concur with or approve the School Board's action. She felt that the awards should be merely confirmed. Mr. Barr withdrew his motion and asked if Mrs. Hajdu intended to have new contracts drawn, since the awards had already been made and the contracts signed. Mrs. Hajdu stated that her intent was to direct letters confirming the awarding of the contracts. After further discussion, Mr. Barr moved for confirmation of the award of the Akhiok School contract with Northland Caws, the contract with Arndt Brothers, Inc., and the contract with the J. B. International Co. Motion seconded by Mrs. Springhill and carried by roll call vote as follows: Mrs. Hajdu -- Yes; Mr. Arndt - Abstained; Mr. Barr - Yes; Mrs. Springhill - Yes. Mr. Barr stated that it should be made certain that such a situation does not occur again. He felt that guidelines should be prepared so that the responsibility of the School Board and the Assembly is made clear. The guidelines should be prepared in conjunction with the School Board. In this way under such circumstances, the School Board would advise the architect that it would be necessary for the Borough to also sign the contract. Mr. Barr moved, seconded by Mrs. Springhill, that the preparation of guidelines for the relationship between the School Board and the Assembly be placed on the agenda for the next regular meeting. Motion carried by unanimous voice vote. III A. Approval of Phase I of Comprehensive Plan (continued). Mr. Arndt felt that a public hearing should be held on Phase 1, particularly the land use plan, before it is approved. Mr. Barr agreed that a hearing should be held as soon as possible. No legal requirement exists in this case for length of time for public notice. The typing on Phase I could be continued, with the exception of the land use plan itself. Then if extensive changes were made in the land use plan, an addendum could be included. If a hearing were held at the Planning and Zoning meeting on September 11, there would be only a week's delay. In the meantime, everyone should give Phase I further study. Mrs. Springhill asked if the Planning Committee had approved Phase I. Mr. Chad said that they had. Mr. Barr stated that the problem was the apathy of the community. Everyone should be involved in making the plan, but not enough people were involved. Mrs. Hajdu pointed out that there had been no formal approval of Phase I by the Planning Committee or the Planning and Zoning Commission. She felt that a joint meeting should be held with these groups in order to obtain their formal approval. She felt that a land use plan is a good concept, but that it is not always workable in a community which already has certain trends established. The strip on Hill Bay Road which is already zoned Business may not be the ideal way to plan, but since it is already established, it should be so zoned on the land use plan. She did not feel that any comparison could be made on traffic problems in this area with similar situations in larger cities, because Kodiak is too small for this comparison. Mrs. Springhill agreed that the present zoning should not be disrupted too greatly. Ur. Chapman pointed out that the zoning plan is only recommended, and would not be official until adopted by the Borough. Mr. Barr stated that it was true that the Eorough would not have to use this plan, and that it could just be presented with applications for Federal money, but that it would be ridiculous to spend this much money, time and effort on a plan and then not follow it. IIrs. Springhill said she preferred this approach than stuffing a plan down people's throats that they didn't want. She said that ^lr. Goodman had no objections to the plan as presented, but that he felt a very careful approach should be made toward the zoning portion of it. Pis. Hajdu stated that it would make no sense to adopt Phase I and then turn around and change the zoning.• -it should be corrected before the plan is adopted. Mrs. Spriighill stated that she would prefer to lose the $10,000 grant because of the delay than to adopt a plan which might be harmful to the community. Mr. Chapman stated that the argument for adopting the plan as it is and making jl ;11 )■ !i 1 ! r' " SPECIAL ASSEMBLY PE.ETEZ - August 29 -30, 1968 changes later is because of the impending deadline. The original deadline of July 1 had been extended :.o September 1, but that additional time has meant additional costs to Tryck, Nyman and Hayes, and another extension would mean further costs. If suggestions were given for charges, they could be made. But if a decision is delayed until after a hearing, this will be more difficult. Also, he did not feel that one public hearing would give a clear idea of the community's desires. Everyone will have their can personal desires, and it would be impossible to agree on a plan to which everyone personally agrees. He felt that it would be up to the community leaders to sell the plan to everyone. Mrs. Hajdu *.reiterated that since the land use plan a rill be used as a guide for the future, it should indicate correctly what the canmunity feels will happen in the future, and the trend in the Mill Bay area is toward business zoning. Mt. Ball felt that in 10 or 20 years, the businesses will probably move out of this area, and that the 1999 plan is correct in sharing this area as residential. Mr. Arndt felt that it should be shown as business, since people who cannot afford to locate downtown should have an alternative area in which to locate. Mrs. Hajdu was excused at this point in order to attend another meeting. Mrs. Springhill felt that the Plan should not became an end in itself, and that if there were any threat contained in the land use plan, it might tip the panic button in the community, since people are already upset over the increase in taxes. Mr. Barr felt that this was over-dramatizing the situation. Mr. Chapman felt that keeping the business zoning downtown should encourage the people in the core area. Nlr. Barr felt that even if the land use plan were adopted as it is, making the businesses on rlill Bay eventually became non- conforming uses, it would not force these businesses into bankruptcy. It was agreed that the important factor is the overall good of the community, and that personal interests must be secondary. Mrs. Springhill asked if Phase I could be approved with the exception of the zoning portion. tar. Chapman stated that the plan must be one that the community can live with, and it must have the support of the community. Bowever, he stated that this Plan had been presented over a period of five months in 45 copies so that it could be studied and suggestions made. It was finally agreed that 14r. Barr should call Mary Putnam of ASHA regarding an additional 30-day extension, on completion of Phase I. Mr. Arndt moved, seconded by firs. Springhill, that a public hearing be held on the 1999 General Plan, principally the land use plan, on September 11, in a joint meeting with the Planning and Zoning Commission, Canprehensive Planning Committee, City Council, Borough Staff and the public, with Tryck, Nyman and Hayes co aive presentation, and. the Borough to aid ck, P .n and Ha -s in ob • an ex ens on of time from ASHA. Mr. Chapman rais=e a e ques ion o e. a cos Barr said these would have to be negotiated. He felt that it would be worth additional costs to get the community together on the plan. Mr. Chapman also stated that Tryck, Nyman and Hayes may find it impossible to recommend that the area Null Bay Road be zoned Business. After further discussion, motion carried by unanimous roll call vote. VII JOURN E T - The meeting was adjourned at 12:50 p.m. ATTEST Sally Hendrix, Acting Clerk APPROVED: