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10/06/19771 1 1 2 , '1 S 2^ KODIAK ISLAND BOROUGH ASSEHBY MEETING - OCTOBER 6, 1977 I CALL TO ORDER The meeting was called Peotter in the Borough II ROLL CALL Present toward Jack Hrs. Sandra Kavanaugh Mr. James Peotter Hrs. Betty Wallin to order by Presiding Officer James meeting Room at 6:30 P.M. Absent Dr. Michael Emmick (excused) Mr. Murl Estes Mr. Frank Peterson Mayor Wayne Kotula A quorum was established. III MINUTES OF PREVIOUS MEETING A. Assembly, Regular - September 1, 1977. Accepted by unanimous vote as printed. IV MINUTES FROM OTHER MEETINGS A. Citizen Advisory Committee, August 24, 1977 B. School Board, September 12 6 26, 1977 Mrs. Kavanaugh moved to consider the minutes in a group. Seconded by Mrs. Wallin. Motion carried by unanimous acclaim. The minutes were acc pted as a group unanimously. V COMMUNICATIONS AND APPEARANCES A. Letter from Marjorie Wooster on behalf of "Food, Land, 6 Alaska" sponsors; Mrs. Wallin read the letter. Mrs. Kavanaugh return that to the Planning Assembly. Commission Seconded by Mrs. Wal lin. Motion carried by unanimous roll call vote. B. Letters to the Clerk re: KIB Resolution #77 -38 -R relating to licensing of foreign fish processors. Sandra Kavanaugh read the correspondence. No action necessary. C. Letter from Interim Committee on Subsistence, Alaska State Legislature. The letter was read by Mr. Jack. No action necessary. D. Appointments: to Mental Health Board and Health Resources Advisory Council. Recessed until the next meeting E. Letter from Ivan Widom re: Monashka Watershed. Referred to Borough Manager. VI PUBLIC HEARINGS A. Ordinance 977 - 25 - Rezone Lots 6 6 7, Block 1, Southeast Addition to R -2. Comments from Mr. Milligan. Mr. Peotter read a letter received from Mrs. Julia Wolkoff protesting the rezoning of Lot 7, Block 1. Meeting closed; public hearing opened. Mrs. Wolkoff spoke against the rezoning. Meeting reopened; public hearing closed. Mrs. Kavanaugh made the motion to recess until n=. me.:tin:,. Mrs. Wallin seconded. Motion carried by unanimous roll call vote. B. Ordinance #77 -26 -0 Rezone 3,560 acres from conservation to watershed. Correspondence was read by Mr. Peotter. Mrs. Wallin read the ordinance. Regular meeting closed; public hearing opened. Mr. Denslow commented, stating that there are errors in the legal description of the ordinance, and that they will be redrafted in the appropriate form and brought to the next meeting. Mrs. Wallin moved to recess the public hearing. Seconded by Mr. Jack. Motion carried by unanimous roll call vote. 2 , KIB A MtET_ OC 6, 1977 C. Ordinance 477 -27 -0 Rezone Lots 35 through 53, Block 12 and Lots 16, 17, 13, 19, 20, 22, 23 & 26, Block 13 Aleutian Homes Subdivision to R -3. Comments from Mr. Milligan, Borough Planner Ordinance read by Mr. Jack. Regular meeting closed; public hearing opened. Mr. Ivan Widom spoke regarding the ordinance. Regular meeting reopened; public hearing closed. Mr. Jack com- mented: "They are having a distinct problem now with the hotel which is being built with only 48 parking places. It is going to empty into the worst intersection in Kodiak. There is a fire- house, the police station, post office and telephone company building in a row there. Without some manner of directing traffic flow by making one -way streets or by multiple street lights, I don't see any way heavy trafficc could add 32 units emptying into the same place. My objection is not to the housing it is to the traffic pattern. I would like to see these cor- rections made in traffic patterns prior to rezoning this 'arti- cular piece of property ". ?Irs. Kavanaugh commented: "After reading the survey that was just received that we sent out last year and the number one priority in that survey was for low cost housing, this property is not suitable for anything more than what the development plan has given us. It is within walking distance from downtown Kodiak which, I think, would eliminate a lot of vehicles." Issue recessed until next meeting. Mrs. Kavanaugh was ruled ineligible to vote as she own5property in the area being considered, creating a conflict of interest. D. Ordinance 477 -28 -0 Rezone Lots 7 & 3, Block 4, Baranof Heights to R -2. The ordinance was read by Mrs. - Kavanaugh. Regular meeting closed; public hearing opened. August Heitman, owner of Block 4, Lot 7, and Carolyn Huey, owner of Block 4, Lot 8, spoke for the ordinance. Mike Shockley spoke against the ordinance. Public hearing closed, regular meeting reopened. Mrc. Kavanaugh moved to accept the ordinance. Seconded by Mrs. Wallin. Motion failed with Mrs. Kavanaugh cestinu ene MO vote. E. Ordinance 477 - -0 Rezone Lots 27 A 3 3, USS 3098 to business. The ordinance was read by Mrs. Yellin. Comments made by Mr. Mulitalo. Regular meeting closed; public hearing opened. Mr. Craig Bishop and Mr. Mike Shockley spoke for the ordinance. Public hearing closed; regular meeting opened. Mrs. Kavanaugh moved to adopt the ordinance. Seconded by Mrs. Wallin. Mr. nslT� opted that the 1035 co:nprc plan be updated and duplicated. Motion carried by enani:zous roll call vote. Mr. Peotter entertained a motion: Thee Administration be directed to take any administrative, tochnical, or legal steps necessary to pursue the devclopm,ene Of the Mill Bay thoroughfare. Mrs. Uallin so moved. Seconded, by Mr. Jack. Motion, carried by unanimous rol,l.call vote. A five - minute recess was called. F. Ordinance 477 -30 -0 Rezone lot 10, Kodiak Townsita Subd. to business. Mr. Mulitalo presented his comments. The ordinance was read by Mrs. Kavanaugh. ?ublic hearing opened; regular meet- ing closed. Mr. Bean spoke for the ordinance. Regular meeting reopened; public hearing closed. Mr. Jack moved to accept the ordinance. Seconded by Mrs. Wallin. Motion carried by unanimous roll call vote. G. Ordinance 477 -32 -0 Amending 8rdinance 477 -16 -0, Account 147, School Support. The ordinance was read by Mrs. Kavanaugh. Regular meeting closed; public hearing ep._n..d. No comments. 13 .ih 14 hearing closed; regular meet:.. r_opencd. Mr. Jack moved to accept the ordinance. Seconi_i by Mrs. Wallin. notion carri,_d by unanimous roll call vote. H. Ordinance 477 -33 -0 Rezone City of Port Lions. Mr. Jack from the City of Port Lions, z has reviewed the zoning map pro the City of Port Lions zoning PAGE 2 _,_'s within corporate limits of the ordinance, also a letter _-_ - The City of Port Lions ty your consultants for Ls which is scheduled • 1 0 1' 2 1 r1 5 3 n KIB ASSEMBLY MEETING - OCTOBER 6, 1977 PAGE 3 for second reading at your October meeting. The map correctly represents our proposal in the absanca of any apparent objec- tions to this zoning plan, we Uc not feel it is necessary to have a representative at the Public !scaring on the ordinanca. We are in full support of the ordinanca implementin3 the zoning of Port Lions as we proposed. The plan has been through a series of meetings and public hearings without objections in Port Lions before it was proposed to the 3orough. We are looking forward to its adoption. Mfrs. Kavanaugh moved to to accept the ordinance. Seconded by Mrs. Wallin. Motion carried by unanimous roll call vote. VII OLD BUSINESS A. School construction projects, Old Harbor and Port Lions. Mrs. Wallin moved to accent Sch :matic Design Concept #1. Sandra Kavanaugh seconded the motion, Motion tarried by unanimous roll call vote. B. Recommendations of architectural contractor, Ken Maynard NBBJ, Alaska. Betty Wallin moved to accept the recommendations. Seconded by Mrs. Kavanaugh. Motion carried by unanimous roll call vote. C. Bells Flats /Russian Cruck Road Service District - culvert installation request. Mrs. Kavanaugh moved that the Borough f pre-fund Bulls Flats /Russian Creek Road Service installation or a total estimated cdst of S35,900.00. Mrs. Wallin seconded. Motion carried by unanimous roll call vote. Mr. Jack amended to allow grading and snow removal. Seconded by Mrs. c'a11in. Motion carriad by unanimous roll call vote. D. Road and Street Inspection- report from Barry Still, Con- sulting Engineer, summarizing the requested field inspection of specific subdivision roads within the borough. Mr. Jack moved to enforce what was on tha books. Notion seconded by Mrs. Wallin. Motion failed with Mrs. Kavanaugh casting one NO vote. Mrs. Kavanaugh moved that the borough staff chock back to see which engineer approved the Road Right -of- Way Map, and not to hire him again. Seconded by Mrs. Wallin. Motion carried by unanimous roll call vote. Mrs. Wallin .coved that the report of Barry Still be received and referred to Mr. J. Savage of the Transportation Consultant Inc., who are working on the comprehensive plan. Seconded by Mrs. Kavanaugh. Motion carried by unanimous roll call vote. E. - Ordinance #77 -18 -0 Townhouse Ordinance; an ordinance relat- ing to townhouse and group housing development. Sandra Kavanaugh moved to refer this ordinance back to Planning and Zoning to b e rewritten. Seconded by Mrs. Wallin. Motion carried by unanimous roll caI1 vote. Mr. Jack mov,-;d to recommend that the final approval of the townhouse ordinance come before the Borough Assembly for approval. Seconded by Mrs. Wallin. Motion failed with Mrs. :Cavanaugh and Mr. Peotter casting NO votes. VIII NEW BUSINESS A. Resolution #77 -45 -R Authorizing a 3 -year Service Roads and Trails Program for Kodiak Island Borough, 1978 -80. Mrs. Kavanaugh moved for the adoption of the resolution. Motion seconded by Mrs. Wallin. Motion carried by unanimous roll call vote. B. Resolution #77 -47 -R Vacation of Unnamed Street. Mrs. Wallin moved to accept the resolution a •roving the full .lat o t e vacation o a_portion o an unnamc• street between Lots 1 and 4, USS 30 (Kep Finger 5 Larionoff). Seconded by Mrs. Kavanaugh. Motion carried by unanimous roll call vote. 1 0 1 1 2 n 5 "; I KIB ASSEMBLY MEETI`;G - OCTOBER 5, 1977 PAGE 4 C. Resolution a77 -49 -R, the final plat for a rasubdivisien. (George E. ' tarshall) :Mrs. Wallin moved to accept resolution #77 -48 -R. Seconded by Mrs. Kavanau ^h. Motion carried by unanimous ro 1 ca 1 vote. D. Resolution ;77 -49 -7 Aiding the Indian health Service in providing adequate water supply facilities for resieents of Old Harbor and authorizing representation in matters concern- ing Old Harbor Industrial Water Supply. ;irs. Kavanaugh moves to accept the resolution. Seconded by !Mrs. Wallin. : ?otion carried by unanimous roll call vote. E. Resolution #77 -50..R approving the final plat for a resub- division of Lot 7, :lock 7 Honasiika Bay, AK Subdivision. Mrs. Kavanaugh moved to ac the resolution. jaconded by Mrs. Wallin. Notion carried by unanimous roll call vote. F. Resolution #77 -51 -R establishing a moratorium on all rezoning activity. Mrs. Wallin read the resolution. Mrs. Kavanaugh moved to table the adoption. It was stated she was not in order. Mrs. Wallin moved that the resolution be =-+ -pted. Seconded by Mr. Jack, Motion carried by unanimous roll call vote. G. Tax adjustment - Willis Benson. Assessment figures were ?c incorrect; improvement was not shown on the billing. Mrs. Wallin moved to accept the adjustment. Seconded by Hrs.. Kavanaugh. Motion carried by unanimous roll call vote. H. Tax adjustment- Fronchy Lamorcaux. 7r. Lamoreaux no longer has any buildings on this lease site. Hrs. Kavanaugh moved to accept the adjustment. Seconded by Hrs. Wallin. Motion carried by unanimous eoii call, vote. 1 I. Tax adjustment-Barbara tment- Barbar ;;. Halcro, Trustee c/o 3rcdehop. This property was re-platted to Lete 5 L 6 Thorsheim Subdivi- sion and was taxed on the new legal description. Mrs. Kavanaugh moved to accept the adjustment. Seconded by Mrs. Wallin. Motion carried by unanimous roll call vote. J. General Fund Budget Report Summary-August 1977. sirs. Kavanaugh moved to accept the report. S.:.condod by Mr. ack. Motion carried by unanimous ro11 call vete.(School District) K. Borrow Site Lease Renewal P -1, Bells Flats AK Subdivision. Mrs. Kavanaugh read the correspondence. Bruchan Enterprises requested a renewal for borrow site lease on Parcel P -1 which technically expired on September 10, 1074. Mrs. Wallin moved to approve the normal five -year leasehold retroactively, beginning September 11 1974 through September 10, 1979, and further approving the normal annual renewals for each respec- tive year through September 10, 1978. Mrs. Kavnaugh seconded. Motion carried by unanimous roll call vote. L. Mechanical Systems Study Main School B Junior High. The correspondence was read by Mr. Jack. Mrs. Wallin moved that the mechanical engineering consulting firm, Crews, Maclnnes and Hoffman, proceed with the engineering investigations in an expeditious manner,to acc- p_ish a mechanical systems study of the Main and Junior High School buildings. Seconded by Mrs. Kavanaugh. Motion carried by unanimous roil call vote. M. Joint Agreement for the Use S Operation of Gymnasiums and Swimming Pool. Hrs. Kavanaugh road the correspondence. Mrs. Kavanaugh moved that the proposed ioint agreement between She Kodiak Island Borough, the Borough School District, and the City of Kodiak be conditioned upon the amendment of Section Nine (9) of the agreement in lines 93 and 99 as follows: "Also the BoroughG_n Goverment and School Dist ^4 ^P 1) 1 1 ?, 1 n S 3 2 KIB ASSEMBLY MEETING - OCTOEER 6, 1977 PAGE 5 be named as an additional insured under the liability policy of the City." Seconded by Mrs. "allin. Motion carried ':hy unanimous roll call votes. Mrs. G-allin amLndc:d the notion :hat the Committee Manager secure a 1ett_r in writini from th - _ appropriate agency. Seconded by ? !r. Jack. Notion ce.rrid by unanimous roll call vote. N. Resolution #77 -52 -R Transportation Facilites -Wi.;n Air1in.:s/ Alaska Industrial Development Authority. Wien Airlines requustcd a consent to the location of facilities for air transportation services to be financed through the tlaska Industrial ')evelop- ment Authority and located within the Kodiak Island Borough. Mrs. Wallin moved to accept the resolution. Seconded by `It's. Kavanaugh. Motion carried by unanimous roll call vote. 0. Resolution of Kodiak City Council regarding parking rcquire- ments for multi- family developmennt. Mrs. Wallin moved to refer the resolution to the Planning and Zoning Commission. Seconded by Mrs. Kavanaugh. Motion carried by unanimous roll call vote. P. Monthly Activities Report for August 1977. Mrq. Wallin moved to accept the report. S•:_conded by Mrs. Kavanaugh. Motion carried by unanimous roil call vote. Q. Resolution 877 -53 -R, resolution directing that legal and technical procedures be instituted for creation of a sewer and water service area in the urbanized portion of the borough not currently served. Mr. Peotter read the correspondence. Mrs. Kavanaugh moved to accept the resolution. Seconded by Mrs. — Wallin. Motion carried by unanimous roil call vote. IX MANAGER'S REPORT 1. Further progress in negotiations with the Ouzinkie Native Corporation resulted in the development of a land substitution proposal to go through offices of Senators Stevens and Gravel and to the appropriate Secretaries of Interior and Agriculture dealing with lands on Afograk, Island. An alternate is to use land which the Borough has on Shuyak which are state lands which the Borough .could then trade with the Ouzinkie Native Corporation. The first proposal is being drafted by legal council and the second is being studied by legal council. The first should be in form and ready for review in about ten days. It will be reviewed in Washington, D. C. with legal council for the Department of Interior. The question of boundary of the watershed has arisen. It appears to encompass approximately 6,600 acres rather than 3,600 acres. 2. Progress report on the Karluk, Larsen Bay schools shows they should be completed in approximately ten days. 3. Have had discussions with Maynard NBBJ Alaska with refer- ence to the proposed modular school plan to he utilized in the villages which re'ates to the capital improvements program of the Borough. 4. The school parking plans are complete and will go to bid this fall with most of the work being done in the spring. 5. Mr. Milligan and I have been invited to attend the Coastal Zone Conference, October 25 -27, 1977, in Anchorage. rle will be panel participants to discuss Kodiak's part in the OCS activities. 1 1 1 ' 5 KIB ASSEMBLY MEETIm, - OCTOBER g, 1977 PAS: 6 X ASSEMBLY COM_NENTS Mrs. Wallin - (1) Requested a letter of recommendation on Borough stationery, for her signature, directed to ''.r. Glen Atkins as Dr. Michael Emmick has been appointed alternate to the Alaska Coastal Policy Council. (2) Stated there are a number of junk cars on Bells Flats in the area behind the slaughterhouse - -part of the land belongs to the State and part to the Borough. It was leased for a gravel pit some time ago. Requested this matter be looked into and report back to the Assembly. (3) It was stated that the people elected to the mayor's seat and the assembly, where there is no question of contest, will be sworn in following ratification of the election. (4) Asked Mr. Widom, City Manager, to explain the'berthing in the City boat harbor. He explained that it is the policy of the City to collect a year's rental in advance, giving the boat owner, 'exclusive berthing rights" but due to the shortage of space in the boat harbor. when the lessee's boat is not in town the City has the right to permit others to use the space. Mrs. Wallin questioned the fairness and wisdom of this system. She was informed that the Borough has the authority in the boat harbor. (5) Would like to set up another work session on raw resource taxes with the rebate consideration before the end of this year. (6) Requested Assembly packets contain maps of all rezoning. (7) Stated the Alaska Coastal Policy Council will be having a meeting here October 27th at the Elk's Lodge. There will be 16 council members, 4 federal agents and 3 staff members. The hearings will be at the Elks and the meetings at the Borough Assembly Chambers. Requested the Chamber of Commerce and Fisherman's Association be contacted to join the Borough in giving a seafood dinner. The Borough would host the council members, federal agents and the staff. Any communication necessary should be made with motion. Mrs. Wallin so moved. Seconded Peotter Ur.aJack. for otion carried by unanimous roll call vote. (3) Stated that the Municipal League Conference will be in Juneau in the first week of November; also the election must be ratified. A memo from the Borough Clerk, Mickie 'tiilier requested that the ratification of election be held October 11., 1977 at 6:30 P.M. in the Borough Meeting Room. Mrs. Wallin so moved. Seconded by Mr. Jack. Motion carried by unanimous roll call vote. (g) Mrs. Wallin moved to set the meeting date for the next regular Assembly meeting for November 8, 1977 at 6:30 P.M. in the Borough meeting room. Seconded by Mr. Jack. Motion carried by unanimous roll call vote. (10) Mrs. Wallin asked what was being done about the problem of obtaining school crossing guards at the peak traffic times. The matter will be discussed. (11) Betty J. Wallin, Mayor Pro -Tem, endorsed the week of October 17 through October 23, 1977 as Alaska Energy Conservation Awareness Week as per executive proclama- tion by Governor Jay Hammond, State of Alaska. (12) Reiterated her endorsement that it is extremely productive and education for each assemblyman to visit each village at least once a year. Mr. Jack - No comment. Mrs. Kavanaugh - No comment. Mr. Peotter - Stated that the Municipal League Conference will be discussing a bill pertaining to permits for onshore develop- ment. It pertains to the State establishing the permits, fees, et cetera; he feels the assembly should study and discuss this and give some input since it is the same procedure that affects OCS. XI AUDIENCE COMME;ITS Ivan Widom, City Manager - Stated he felt the City and Borough should work more closely together with regard to the Monashka 9 1 1 2 l n 3 4 KIB ASSEMBLY MEETING - OCTOBER 6, 1977 CALL 7 Watershed in order not to lose federal grant monies. We also felt that the City and Borough should develop a closer communi- cation with regard to the questions of service districts, annexation and other related matters that may arise. Bill Glynn - Asked if any report had been received by the Borough from R. A. Jones, Consulting Engineer concerning his inspection of the road on Mr. Glynn's property as 'las directed at the last Assembly meeting. 'Ir. Jones had recommended that the Borough downgrade the requirements which cannot be done according to State Statutes. The Borough cannot accept an equal alternate to the Municipal Code. Bill Williams - Asked the ownership status of the Wien terminal bui ing as relates to the bond issue for airport improvements. Betty 'Wallin - Asked why the off street parking ordinance is not being enforced. XII ADJOURNMENT Meeting was adjourned at 11:30 P.N. ATTEST: L Pr s ding Officer