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02/03/1977n 0 0 . 1 1 1 n? 9 KODIAK ISLAND BOROUGH ASSEMBLY MINUTES FEBRUARY 3, 1977 I CALL TO ORDER Metting was called to order at 6:07 p.m. by presiding officer Betty Wallin in the Borough Meeting Room. II ROLL CALL Present Absent Leslie Dr. Michael Emmick (excused) Sandra Kavanaugh - Murl Estes (excused) James Peotter Frank Peterson (excused) Betty Wallin A quorum was established. Approximately 25 in audience. III MINUTES FROM PREVIOUS MEETINGS A. Assembly, regular, Jan. 14, 1977 B. Assembly, special, Jan. 25, 1.:'7 Mr. Peotter moved to approve the minutes of January 14th and January 25th as printed. Seconded by Mrs. Kavanaugh. Motion passed with unanimous roll call vote. IV MINUTES FROM OTHER MEETINGS A. Planning & Zoning, regular, January 19, 1977 B. School District, January 10, 24, 26, 1977 C. Kodiak Council on Alcoholism Mr. Peotter moved to accept the minutes from items A, B, and C. as printed. Seconded by Mrs. Kavanaugh. Motion passed with a unanimous roll call vote. V COMMUNICATIONS AND APPEARANCES A. Letter dated January 26, 1977 re: negotiated purchase of Tracts A & C of USS 3469, Kadiak Alaska Subdivision requested by James P. Yatsik for the purpose of building a warehouse. Mr. Anderson moved that the Borough Assembly proceed with the sale of A & C for the appraised value. Seconded by Mr. Peotter. Motion passed with unanimous roll call vote. B.• Letter dated January 26, 1977 re: request for negotiated lease for five (5) acres of land in USS 2382, more commonly known as Iron Creek on Raspberry Island read by Mr. Peoccer. Request was from James and Karen Schauff for the purpose of building a cabin. It was noted by the Assembly that mineral rights are to be retained by the Borough. Appraised value was set at $14,000. Mrs. Kavanaugh moved to approve negotia- ted lease for five acres of land in USS 2382 with a renewable five -year Ieaae. Seconded by Mr. Peotter. Motion passed by a unanimous roll call vote. C. Mrs. Kavanaugh read letter from State of Alaska for re-- quest for renewal of liquor license by Rendezvous, Bobby and Genevieve Hood and Mona Ensslin & Daniel Ensslin (deceased). Mr. Anderson moved to voice no objection to State communique. Seconded by Mrs. Kavanaugh. Mr. hotter amended the motion to voice no ob ection provided that delinquencies are recti- fied prior to the granting oT the license. Mrs. Kavana seconded. A unanimous roll call vote taken on the amendment. Main motion passed with unanimous roll call vote. '? 0 0 ^? n 1 0 KIS ASSEMBLY MINUTES - -- FEBRUARY 3, 1977 Page 2 D. Latter from Kodiak Area Chamber of Commerce requesting funds for interim brochures was read by Mr. Anderson. Mr. Roger Page spoke in behalf of Chamber of Commerce stating a brochure is being produced aimed primarily for a small con- vention spin -off for people in Alaska attending a convention; one of a side -trip availability of transportation, hotel space, etc. Approximate cost to be $1,000. Two brochures are to be printed; requesting 7,000 copies. Mrs. Kavanaugh moved that the request be tabled until Chamber of Commerce comes back (to the Assembly) with exact information. Mr. Yeotter seconded. Motion passed with unanimous roll mall vote. E. Mr. Peottar read a legal notice on enforcement of zoning law. Mr. Anderson requested the Clerk to place the notice in a display -ad every other day for ten days. VI PUBLIC HEARINGS A. Resolution #77 -3 -R for vacation of lot line between Lot 3 and Easterly one -half of lot 4, block 34, East Addition, Kodiak Townsite, USS 2538B requested by Nick & Emily Nekef- eroff. Resolution was read in full. Regular meeting closed, public hearing opened. No comments were made; regular meet - ing was reopened. Mrs. Kavanaugh moved for the approval of Resolution #77 -3 -R. Seconded by Mr. Peotter. Motion passed with a unanimous roll call vote. B. Ordinance #77 -2 -0 - rezoning Russell Estates, 3rd Addition a portion of USS 1396 to be designated R -3; request by L. L. Russell. Mrs. Kavanaugh moved that Ordinance be amended from second reading to first reading Seconded by Mr. Anderson. Regular meeting closed; public hearing opened. A concern was voiced regarding the sewer system; if it was adequate for apartment housing. Regular meeting reopened. Question called, motion passed with a unanimous roll call vote. C. Ordinance #77 -3 -0, rezoning USS 444, Tract C, to be des- ignated business. Requested by St. Herman's Pastoral School. Ordinance read by Mt. Anderson. Regular meeting closed, pub- lic hearing opened. Father Kreta stated that a library and museum is to be built in the area which ha felt would be of benefit not only to the school, but to the community. Regu- lar meeting reopened. Mrs. Kavanaugh moved for adoption of Ordinance #77 -3 -) with an amendment correctin the Ordinance to read reclassified from R -3 to business" and amended from s toad readin: to first readin_. Mffr. Anderson sec ded. • st on ca e•. nt passe • w t unan a ro call vote. Motion passed with unanimous roll call vote. VII OLD BUSINESS A. Renewal of liquor license by Beachcombers. Mrs. Kavanaugh moved to remove item from the table, renewal of license for Beachcombers. Seconded bs Mt. Peotter. Passed by unanimous roll call vote. Mrs. Wat13n read letter from State of Alaska of request. Following discussion regarding back taxes, Mr. leGrue assuring the Assembly that taxes would be paid follow- ing the public auction. Mr. Peotter moved to voice no objec- tion ?roil/dad that delinquencies are rectified. Seconded by Mrs. Kavanaugh. Motion passed with unanimous roll call vote. B. Second Reading of Ordinance #77 -1 -0 relating to the appointment of Borough officers, commissions and committees. Ordinance was read in full by Mr. Peotter. Mrs. Kavanaugh moved that Ordinance be put off until next meeting and be P repared for public hearing. Seconded by Mi. Anderson. Mo tion passe w t unan us roll call vote. =ASSEMBLY MINUTES - -- FEBRUARY 3, 1977 Page 3 C. Letter read by Mrs. Kavanaugh re: Kodiak Island Hospital professional liability insurance plan and the Medical Indem- nity Corp. of Alaska. Mr. Peotter moved that the Borough Assesbl authorize the •a ent of the su••ortive •remium in an annua amount o , 1.. econ.e. .y s. avanaug Motion passed by unanimous roll call vote. Mrs. Kavanaugh ved to extend the exists insurance •acka_e with Swee e neurance ompany o e mery e con•e• .y cotter, Motion oaesed with unna mous roll, call vote. B. Mr. Anderson read letter ra: Kodiak Island Borough Share of Contract Services for Preparation. of Regional Devel- opment Plan. Purpose: Assisting the Borough in the prepara- tion of planning processes to deal with offshore oil develop- ment impacts. Mr. Peotter moved that the Borough Assembly enter into the tuna/Let wttn Kramer, (Alin and Mayo inc. Seconded by Mrs. Kavanaugh. Passed by unanimous roll eall vote. E. Letter read by Mr. Peotter re: Rural development Grant Funds for Karluk Sand spit repairs recommending: A) Augh- orization of submittal of the rural development assistance grant application on behalf of Karluk and (b) authorization of $$,000 share of the local contribution toward the capital construction at Karluk from Borough capital funds code 241.81. Mr. Anderson moved to follow the recommendations by Mr. Dem- slow as read on designated items A & S. Seconded by Mi. Peotter. In reply to question of Mrs. Kavanaugh, Wayne Maw sshali stated the total contribution from Karluk on the project would be $27,690. Motion passed by unanimous roll call vete. F. Letter read by Mrs. Wallin re: Contract Award recommen- dation for village sanitary landfill program. Mrs. Kavanaugh moved to follow final recommendation in accordance with the plans and specifications and the received bid that the con- tract for construction of the facilities of Akhiok, Old Har- bor, Ouzinkie and Port Lions be awarded to Brechan Enter - prises of Kodiak in the amount $245.251. Seconded by Mr. Anderson. Motion passed with unan roll call vote. G. Letter read by Mrs. Kavanaugh re: Preparation of Compre- hensive Ammendments to the Kodiak Island Borough zoning ord- inance authorizing provision for townhouse developments within the Kodiak Island Borough. Recommendation to the Borough Aseesbly for the approval of the contract with Simpson, Usher and Jones, Inc., Architects and Planners of Anchorage in as amount not to exceed $3,660 plus expenses for the accomplish- ment of the preliminary townhouse ordinance. Mr. Andersen moved to rotted with the recommendation of Mr. Denslow. Kay seconded Motion passed with unanimous roll call vote. H. Letter read by Mt. Anderson re: Port Lions Alaska Sub- division, First Addition ADL 38210. Mrs. Kavanaugh moved to accept #2 of the letter which reads: "The due date be exten- ded for a period of ten (or any other reasonable period) years from the first sale of any lot within the subdivision and the accrual of 8% interest per annum on the principal amount be- ginning on the date of the first sale." The figure: 513.499.38. Seconded by Mr. Anderson. Mr. Peotter amended se on' ev a 1 • o . Pa e nt n 0 n ease An unanimous ro ca atert a teo to on the un add rinci al *otter mat a e to amen— nt to a first: wa ant at interest pa - a • a• to t o ore once a ear anti t o r no a a • o econ•e. • s. " ;vans 1 st ca on amen • -nt. as se. unan , ..us ro ca vote. t on ca e on rst amen." vote est on ca e on m a ro ca vote. on es- 1 0 i 1 2 .� KIB ASSEMBLY MINUTED - -- FEBRUARY 3, 1977 Page 4 VIII NEW BUSINESS A. Request from Dean Deater (Island Sand and Gravel) for Borrow Lease, Tract A, ? -6 for approximately 10 acres. Mr. Anderson moved to grant the request for Mr. Deater to obtain Tract A, P -6 for use of Borrow site, depending on the fact that survey costs for cross- sectional surveys prior to and at the ending of life of the borrow site be paid by the re- ceiver. Seconded by Mr. Peotter. Motion passed with unani- mous roll call vote. B. Letter read by Mr. Peotter re: C-dincnces and related documents creating the position of the Zoning Official in the structure of the Plar_ni:_g Department, and Ordinance #77 -4 -0 making supplemental transfers of certain appropriations within the 1976/77 budget setting forth unanticipated revenues by title only. Mrs. Kavanaugh moved for adoption of Ordinance 977 -4 -0. Seconded by Mr. Peotter. Motion passed with unani- mous roll call vote. - Mr. - Peotter moved that action be taken to e o the •osition or2onin Official as a tem•or em- ordinance - vanaug . Motion passe with n ithunanimous ca s. Clerk was instructed to have attorney draw up proper ordinance to be presented at the next regular meeting for first reading. C. Resolution #77 -5 -a approving final plat for subdivision of Lot 2, Block 5, Bells Flats, Alaska Subdivision - Corby Haines. tion #77-5 -R Wallin. Mrs. the ot P & 2 on ved to approve Jan. 19th that the names of the owners of p adjoiuinq lots 1 & 3 be placed on the plat. Secondea by Mr. Peotter. Motion carried by a unanimous roll call vote. D. Resolution #77 -7 -R was read by Mrs. Kavanaugh approving final plat for subdivision of Russell Estates, 3rd Addition, a portion of USS 1396, L. L. Russell. Mr. Anderson moved for a rova of R esolution #77 -7 -R. Peotter seconded. Motion carr 7 -ed with unan3 -moue dfl call vote. E. Resolution #77 -9 -a endorsing and ratifying the appointment of the current Borough administrator notwithstanding AS 29.23. 130 read in full. Mrs. Kavanaugh moved for approval of Reso- lution #77 -9 -R. Seconded by Mr. Peotter. Motion carried with unanimous roll call vote. F. Statement from Cole, attorney fees submitted. in the amount of $1,104. ried with unanimous roll Hartig, Rhodes, Norman & Mahoney for Mr. Peotter moved to pay the expenses 17. Seconded by Mrs. Kavanaugh. Car - call vote. G. Mrs. Kavanaugh moved to accept the December Kodiak Island Borough financial report. Seconded by Mr. Anderson. Carried with a unanimous roll call vote. H. Resolution 977 -4 -R re: P & Z authorizing the City of Port Lions interim utilization for the Port Lions comprehensive de- velopment plan read in full by Mrs. Wallin. Mr. Peotter moved to adopt Resolution #77 -4 -R, seconded by Mrs. Kavanaugh. Car ried with unanimous roll call vote. I. Resolution #77 -6 -R re: P & Z authorizing the City of Port Lions interim utilization of the Port Lions Zoning plan read by Mrs. Kavanaugh in full. Mrs. Kavanaugh moved for ado tion of Resolution #77 -6 -R, seconded by Mr. Peotter. Carried with unanimous roll call vote. J. Election judges for Feb. 8, 1977 Run -Off Election. Mr. Anderson moved to ratif• the list of ud_es for the Februar e ec on as presence •, secon•e. .y ' . : eotter. arr e with unanimous roll call vote. 1 1 ? n •? KIB ASSEMBLY MINUTES - -- FEBRUARY 3, 1977 Page 5 K. January 1977 Building Official report. Mr. Anderson moved to accept the re urt submitted and voice no objection, Mrs. Cavanaugh seconded. IX MANAGER'S REPORT A. Hospital project is now 50% complete as of January 20th stating the project should be complete by September 21, 1977 as originally planned. B. Department of Highways will be opening bids on February 10 for the extension of Rezanoff to Mill Bay Road, representing 1.89 miles for a cost of approximately $2,000,000. Project to begin this summer should take 18 months to complete. It was noted that paving is not included in the amount. C. Personnel Policy Committee met January 26th. Personnel policies of other Boroughs of the State are being reviewed and evaluated. D. In regard to the personal property at the Coast Guard Base and the manner in which the Borough Assessor handles same, it was noted that the Coast Guard Base is exempt since it is Federal. E. Re: Royal Large. Lease expired, however, the lease is paid up. Legal matters are not as yet cleared; Borough Att- orney is still working on the Large case. F. In a meeting with the Superintendent of Schools re: to locally sponsor capital projects in Port Lions and Old Harbor, the appointment of an architectural review board consisting of two members of the Borough Assembly and two members of the School Board requesting architectural suggestions is one step of this project. G. The 1976 Service Roads and Trails program was completed as of the week of February 1st at a cost of $148,000. Brechan Enterprises have filed for final application scheduled for State final inspection on February 11, 1977. H. A tentative meeting with Mike Smith of Division of Lands has been scheduled for March 11, 1977 in respect to land con - vsyyonce as a suggested meeting date. Notices are to go to all interested parties. I. Coast Guard Base representatives suggested a tentative visit for inspection of the Base by members of the Assembly and City Council on March 10, 1977. X ASSEMBLY COMMENTS Anderson: A recommendation was to be made to the Planning & Zoning Commission from the Assembly in that R -1 and R -2 properties shall become all inclusive; there would be no segregation between the two zonings - becoming R- 1 /R -2. Requested the Clerk to forward any information applicable relating to planning and zoning commissions to Larsen Bay, as Larsen Bay is interested in instituting this program. Kavanaugh: No comments. Page 6 Peotter: Commented that a research was needed to determine ITITisis was some way to investigate State land at the air- port in regard to voting privileges. Suggested investigation of funding for building of roads to land not opened or developed which the Borough holds, so that land can be made available to the public: Feels the R -1 /R -2 zoning may alleviate some of the present zoning violations. Wallin: Set February 11, at noon for the certification of W Mreff election. Set February 26, 9:30 a,m. for voFkseseiem orkestingABtooincl anamembto draftea agenda for ManninglDepIrtment, the Zoning Official, represutattiivel� morce. Royer of Chamber of Com- XI AUDIENCE COMMENTS Mrs. Hajda expressed her appreciation for the notice to be published re: enforcement of zoning. Stated she vetted to have reinstated the summons on the Perez property. (It we noted that all complaints must come to the Assembly im memo form containing all specifics) XII ADJOURNMENT The meeting was adjourned at 9:15 p.m. ATTEST: j . •I '! 1 11 3 MB AS3EMLY MINUTES - -- February 3, 1977