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07/06/1978KODIAK ISLAND BOROUGH ASSEMBLY MEETING, JULY 6, 1978 (A Verbatim Record is on File in the Clerk's Office) I CALL TO ORDER The meeting was called to order by Mayor Wallin in the Borough Meeting Room at 6:33 P.M. II ROLL CALL Present — fdichael Emmick Absent Mr. Edward Jack Mrs. Sandra Kavanaugh Mr. Tom Logan Mr. James Peotter Mrs. Marlene Wasson Mr. Bill Williams Mrs. Betty Wallin, Mayor A quorum was established. Mrs. Wallin announced that Mrs. Kavanaugh had reconsidered her resignation and would remain on the Assembly. III ACCEPTANCE OF AGENDA Item VI A Appointment of Assembly Member - deleted Item VI F Land Issues, Karl Armstrong - added Item VI G Hospital Vehicle - added Mr. Logan moved for adoption of the agenda as revised. Seconded by Mrs. Wasson. Hearing no objection, the chair so ordered. IV MINUTES OF PREVIOUS MEETINGS A. Assembly - Regular -June 1, 1978 8. Assembly - Special -June 9, 1978 C. Assemb - Special -June 17, 1978 Mr. Logan moved for acceptance of the minutes as presented, Items A, B, 6 C. Seconded by Mr. Peotter. Hearing no objection, the chair so ordered. V MINUTES OF OTHER MEETING A. School Board -June 12, 1978 B. Health Resources Advisory Council -May 4 b 18, 1978 Mr. Peotter moved to accept in toto Items A 68. Seconded by Mr. Logan. Hearing no objection, the chair so ordered. VI COMMUNICATIONS 6 APPEARANCES A. Appointment of Assembly Member - Deleted 8 . Appointment of Committee of Five for Firearms Usage Study. Mr. Logan submitted the names of Tom Sweeney and Edward Nelson, Randy Thwing to act as Mr. Nelson's alternate. Staff was re- quested to advertise in the local papers for people who would be willing to serve on this committee. Appointments will be made in August. C. T. T. Jackson Re: Land Patents Bells Flats /Russian Creek Area. Dr. Emmick read the correspondence. Mr. Jackson made his presentation pointing out that lending institutions will not give financing on properties in this area due to the fact it is not to receive patents on these lands at this time. Mr. stated the public should be made aware that the borough assembly has obtained special counsel to deal with land matters; the assembly has consistently supported investigations and legal studies into this and all land related problems. Mr. Williams moved that the assembly direct legal counsel for land to inves- tigate this matter and report to the assembly on actions to be taken. ' Seconded by Mr. Peotter. Assurance was given that the assembly has and will protect the interests of the borough residents. Motion carried by unanimous roll call vote. D. Appointments to Health Resource Advisory Council. Mrs. Kavanaugh read the correspondence. Mrs. Wallin made the fol- lowing appointments; Providers -Susan Dewitt- Ramaglia Erickson, Robert Groff, Jerome Selby; Consumers-Merl l Phyllis Kauffman , Jennie and Delia Nielsen to the KIB Health Resource Phy u, i re- 1 9 1 1 2 1 7 5; KIB ASSEMBLY MEETING, JULY 6, 1978 page 2 Seconded by Mrs. Kavanaugh. Motion carried by unanimous roll call vote. E. Report from Special Legal Counsel Re: ANCSA Related to U. S. Court of Appeals Decision. Mr. Denslow introduced Mr. Peter Lekisch, special counsel for lands matters. Mr. Lekisch stated he had just received the files and would review them, familiarize himself with the material and report back at a later date. Mr. Richard W. Garnett III was introduced as the new general counsel. F. Land Issues - Karl Armstrong. Mr. Armstrong made his pre- sentation stating that he would be going to Washington, D. C. to speak on the lands matters. Lesnoi Native Corporation is willing to explore its disinvolvement in the Bells Flats area. A meeting was suggested with Mr. Armstrong, borough legal counsel, borough manager to consider legislative language for the new HR 39 lands bill. The time line is very short as Mr. Armstrong should have this language in the House or Senate by the first week of August. It was suggested this be studied at the next work session. G. Kodiak Island Hospital Vehicle. Mr. Denslow stated that the low bidder had been awarded the bid but it turned out that low bidder could not deliver the vehicle; the second bidder was then contacted. Their alternate vehicle was still available. The hospital stated it would be willing to pay the $530 differ- ence between the two bids. Dr. Emmick moved to accept the re- commendation of the manager to award to the second lowest bidder at the price of the low bid with the hospital paying the $530 difference. Seconded by Mr. Logan. It was stated that it is more advantageous to purchase a vehicle than to rent one. Motion carried 6 -1 with Mr. Williams casting one NO vote. VII PUBLIC HEARINGS A. Second Reading Ordinance #78 -9 -0 Contract Close -Out Budget A Adjustment, G.N.S.H. Mr. Peotter read the correspondence and Ordinance #78 -9 -0. Mrs. Kavanaugh moved for adoption of Ordin- ance #78 -9 -0, Seconded by Mr. Logan. It was stated the borough had recently received the year end audit for the hospital and these items had been verified by Peat, Marwick 6 Mitchell, the borough auditors. The regular meeting was closed; public hear- ing opened. No one spoke for or against the ordinance. Public hearing closed; regular meeting opened. Motion carried by unanimous roll call vote. B. Second Reading Ordinance #78 -10 -0 Rezone Lot 18, Block 2, Russell Estates Second Addition, USS 1396 from Unclassified to R -3 (G. Gudenau). Regular meeting closed; public hearing opened. Gerald Gudenau: Asked that his request for rezoning be considered. No one spoke against the ordinance. Public hearing closed; regular meeting opened. Mr. Milligan stated the P 6 Z Commission recommended approval of the request. There was no major opposition to this request. Mrs. Kavanaugh moved for adoption of Ordinance #78 -10 -0. Seconded by Dr. Emmick. Motion carried with Mr. Logan casting one NO vote. Mr. Gudenau was cautioned in the future to check into the zoning of a property before building. VIII OLD BUSINESS A. Glenn Dick Appeal. Mrs. Wasson read the correspondence of June 1 6 29, 1978. The P 6 Z Commission had denied this request for easement on the basis that it does not allow access to a property across another lot. Because of the unusual circumstance it was suggested that it might be appropriate to waiver the easement statutes. Dr. Emmick moved to grant the Glenn Dick Appeal as platted. Seconded by Mr. Jack. Mr. Peotter moved to amend the motion that the plat include a note to indicate this 1 1 1 2 1 r1 5 3 KIB ASSEMBLY MEETING, JULY 6, 1978 PAGE 3 is restricted access. Seconded byj Amended _motion carried 6 -1 with Mr. Logan casting one NO vote. Main motion carried 6 -1 with Mr. Logan casting one NO vote. B. Re: Rezoning Bells Flats /Russian Creek from Industrial Reserve to Unclassified Residential Request. Mrs. Wasson read the correspondence of May 25, 1978 from the P & Z Commission. Mr. Williams moved the assembly develop a rezoning initiative with Tracts A & B as outlined in the letter for rezoning from industrial reserve to unclassified residential. Seconded by Mrs. Wasson. Mr. Williams stated he felt the land in question is in in of the zoning laws as well as health and welfare and safety of the residents of the area. It was pointed out that this borough land and the property owned by the livestock company were classified industrial before the time of the land sale in 1972. It was agreed that the borough should accelerate the com- pletion of the comprehensive plan. Motion failed 2 -5 with Dr. Emmick, Mr. Jack, Mrs. Kavanaugh, Mr. Logan and Mr. Peotter casting NO votes. - - - - -.- IX NEW BUSINESS A. Resolution 178 -43 -R Setting Tax Due Dates & Delinquent Dates for the Supplemental Real & ?ersonal Property Taxes Due in 1978. Mr. Williams read Resolution 173 -43 -R. Mrs. Kavanaugh moved for adoption of Resolution #78 -43 -R. Seconded by Mr._Logan. _Motion carried by unanimous roll call vote. -- - - -- - B. Resolution # -45 -R Subdivision of Tract E, USS 1678 (Ron Doubt). Mr. Jack read Resolution #78 -45 -12. Mrs. Kavanaugh moved for adoption of Resolution 878 -45 -R. Seconded by Mr. Logan. It was pointed cut this would create a land - locked lot. Mr. Logan moved to table. Seconded by Mr. Jack. Mr. Doubt purchased a 40 foot utility easement in April, 1977 which he had been told was sufficient. Later he was informed that a six foot strip paralleling the rrii was causing a land - locked con- dition. Motion w� * *d ^ar with consent of the seCODd. Mr. Jack moved to refer the casa to the attorneys. Motion died for lack of a second_ Hrs. Wallin read the road and utility easement from the document authorizing the assembly to set the easement at the time of the subdivision of Tract E. Main motion carried 6 -1 with Mr. Jack ce.stinr cne NO vota. C. Resolution #78 -46 -R Vacation of Utility Easement 6 Lots 19A 621A 6 Replat to Lot 19B, Block 5, Erskine Subdivision USS 562 (K. Christie). Mr. Logan read Resolution #78 -46 -R. Mr. Logan moved for adoption of Resolution #78 -46 -R. Seconded by Mrs. Kavanaugh. The P & Z Commission recommended that the lot line come to 19A & 21A; Dr. Christie has agreed to this stipulation. Mr. Logan moved to amend to include the changes. Seconded by Mr. Jack. Amended motion carried by unanimous roll call vote. Main motion carried by unanimous roll call vote. A five minute recess was called at 9:17 P.M. Re: Item IX C, Mr. Milligan stated this had been cleared with all of the City utilities. A copy of Dr. Christie's letter of February 23, 1978 8 Mr. Stafford, City Engineer's, letter of June 28, 1978 to be sent to City Councilwoman Lechner tomorrow. D. Resolution #78 -47 -R Vacation of Lots 5A 6 513 6 Replat to Lots SC & 5D, USS 3099 (M. Emmons: P. Venaas Estate, Dennis Murray, Executor). Mr. Peotter moved for adoption of Resolution #78 - 47 - R Seconded b. Dr. Emmici_ P 6 Z Commission and the manager recommended approv This in relation to the settle- ment of an estate. Motion carried by unanimous roll call vote. E. Resolution #78 -48 -R Vacation of Lot 5, Tolbert Subdivision 6 Lots 4 6 5, Portion of Lot 6 6 Lots 8 6 9, Block 1, USS 2910; Replat to Lots SA 6 SA, Block 1, USS 2910 (T. & M. Gallagher). Dr. Emmick moved for adoption of Resolution #78 -48 -R. Seconded by Mr. Peotter. Motion carried by unanimous roll call vote. F. Resolution #78 -49 -R Vacation 6 Replat of Lots 7 6 8 to 7A, 8A 6 9, Block 1, Killarney Hills Subdivision, USS 3218 Lots t'1 1 2 5 3 KIB ASSEMBLY MEETING, JULY 6, 1979 PAGE 4 (R. Carr). Mrs. Kavanaugh moved for adoption of Resolution 878 -49 -R. Seconded_by Mr Peotter. i'ir. Milligan stated this area is zoned R -3 but there is a stipulation, agreed to by Mr. Carr, restricting the development of Lot 7A to a duplex, Lot 8A to a single family dwelling and Lot 9 to a duplex. Mr. Lo an moved that this stipulation be sliced on the plat. Amendment carried le* unanimous roll_call vote. Main notion carr b unanimous roll vote. ca=l v " G. Resolution 878 -50 -R Subdivision of Portion of Previously Unsubdivided 46 Acre Tract within USS 1396, Lots 1 -13, Block 1 & Lots 1 -10, Block 2, Elderberry Heights Subdivision (L. Grothe). Mr. Peotter moved for adoption _of Resolution Y-78- 50 -R. Seconded by Dr. gmmick. '• Millian expin'-red the hi:tory of this area and request. Statcd th:t 1. the dr:elo e» has a„_oed to a stip- ulation that the lots in - lock 1 will be restricted to one - family development only cs some coil in this bloc: is marginal; 2. does not conform to regulation it that there is a distance reater than 1,00J feet ::Li-itout an g will be furth s ir.,e cider;. Tres rstsiaement met as tn= � ��a is further uudi -vi '?e -. temporary turn around cn bo'c _ H 3 • requests a letter from Mr. Stafford, City J" property. a r' Milligan n read a block on the i pteneec-o, t the signature ved_t C1_y ro`aptanoe of the utilities and roads. Mr. Logan mo _o emend the main notion t at Lots 1 -13, Block 1 have the restrictions for c,e- family caellin-s cly_and the signa- ture block provide for in_ City rngin_er t ,- ) accept dedication of the roads and utilities. Seconded by Mr ck. r;anded motion carried by_unanimo.. roll c,:11 vote. Mr. ,;cc_; :roved to amend to waive the 1 000 foot_r ui.ras,_nt for cross streets. Seconded by Dr._Emmick. Amaaded carried-61-1 motion ire oneT�O vvote. M,� ±.n rnctic. aa: iTed by Juuanitdi.�silrollm call 5 vote, Dr. Emmick moved that the borough grant the ri5__for encroachment on borcu�h ----' -- . t'ne proposed temporary r d --- e - by_Mrs. Kavanagh. Motion ct'ried bl unanimous rollrall vo H. Resolution 873- 51 A L RSvbmitting to the VJt'ro at tha October Election a Proposition .Authorizing :Ion- Ar_awid_ Cater, Sewer & Road Powers. hrs. "a11: - ,,tat e follows: "Pursuan` "23 -..it into the record s hs hearing with - to s r 23 '36.to0ado0 i o n W assembly has held S h resoluticr.s reletir.p, to adoption of [later, sewer and road powers in the area outside cities. The assembly finds that exercise of the no: weld serve the and that the borough her t i; public interests n alto to do so in an efficient, effective manner" ;its. '� ?a Alin also read Resolution 873 -51 -R. . Mrs. Kavanaugh moved for adoption of Resolution #73 -51 -R. Secondefl by Dr Emmick. It t. :. that the proper pro- cedure is to set up the pcaars first before setting up the dis- trict. Motion car _ ied6 -1 with Yr Jack casting cne NO vote I. Request for Policy Statement on Travel by Member of Municipal League Legislative Committee. Dr. Emmick read the correspondence. M£, Logan movedito =?Dad Dr. Emmick to the Municipal League Legis lative Committee. Seconded by Mr. Peotter. The assembly was -- reminded ed to be cautious regarding in order to stay within the budget allocation. Motion carried 6 -1 with Mr. Williams casting one NO vote. J. Policy Decision on Karluk, Chiniak & Woody Island School Facilities Requirements. Mrs. Wallin read a memorandum from Dr. John Anttonen, Superintendent of schools. Mr. Denslow re- viewed the situation for providing schools in these areas. Mr. Logan moved to provide a 20x 50 foot ATCO unit designated for Karluk _ Seconded by Dr. Emmick. Motion carried 5_2 Mrs. Kavanaug and Mr. Williams casting NO votes. The manager and attorneys were directed to look into land sights in all three locations before the buildings arrive. Hr_ Peotter . moved that the renovation of the exiting facility Woody land bepro- ceeded with. Seconded by Mr. Logan. Dr. Emmick amended the_ motion to make this contingent upon letter of intent to convey for all school sites. Seconded by >Mr._Williams. Amendment carried by unanimous _ bea roll cell vote_. Main �.ntior. carried 5 -2 with Mrs. Kavanau h end_F_ = casting _li Mr. Williams i::aved the s =ir. r.u:ion he aner.dad q,l!r.:mii' to_320 000. Seconded by ttrs_i_vcnaugh. (Continuer: to Page 5) KIB ASSEMBLY MEETING, JULY 6, 1978 PAGE 5 Dr. Emmick amended the amendment to stipulate that this money not be expended unless the school board determines that a school is feasible on Woody Island this next session. Seconded by Mr. Logan. Amendment to the amendment carried 5 -2 with Mr. Jack and Mrs. Kavanaugh casting NO votes. The amendment to the motion to limit to $20,000 carried 6 -1 with Mrs. Kavanaugh casting one NO vote. Main motion to establish the school facility at Woody Island carried 5 -2 with Mrs_ Kavanaugh and Mrs_ Wasson casting_ NO votes. Mr. Denslow reviewed the work session material on the Chiniak school taking into consideration the development of 1 the Job Corps Center and their need for a school. Mr. Logan moved to table the Chiniak question. Motion died for lack of a second. Mr. Peotter moved that the context of Mr. Denslow's statement (that in view of the time line the borough could ask for a quote for an ATCO modular unit and purchase the unit if it becomes necessary to have a temporary school facility at Chiniak. the three or four months interim allowing the bmrpugh time to see if students actually materialize and the actual Qur- chase would allow the unit to be set on the site in a matter of a few weeks). Seconded by Mrs. Wasson. Motion carried 6-1 with Mrs. Kavanaugh casting one ITO vote. K. Audit Report on Community Development Block Grant No. B 75 -DN -02 -0012. Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Logan. Motion carried by unanimous roll call vote. L. Policy Decision Resulting from Adoption of Municipal Lands Bill Passed by Legislature. Mrs. Kavanaugh read correspondence from Mr. Robert Hartig dated June 23, 1978. Dr. Emmick moved this matter be referred by the manager to counsel for lands for recon en�tions. Seconded by Mr. Logan. Motion carried by, unanimous roll call vote. M. Proposed Contract for Administration of Day Care Service by KACDC. Dr. Emmick moved that the manager proceed with the con - tra ct w th KACDC outlin d 'n th contract agreement. Seconded by Mr. Logan. Motion carried 6 -1 with Mr. Jack casting one NO vote. N. Borough Engineer's Report. Mr. Logan moved for acceptance of the borough engineer's report. Seconded by Dr. Emmick. Hear- ing no objection, so ordered. Suggested the matter of cost arid whose responsibility with regard to putting in rural roads in newly developed areas be taken up at the next available work session. 1 1 2 1 1 6 7 0. Financial Statement May 1978. Dr. Emmick moved for accept- ance. Seconded by Mr. Logan. Hearing no objection, so ordered. P. School District Report on Revenues 6 Expenditures May 1978. Mr. Jack moved to acknowledge receipt of Report on Revenues & Expenditures May 1978 from the KIB School District. Seconded by Mr. Logan. Motion carried 6 -1 with Dr. Emmick casting one NO vote. Q. Monthly Activities Report June 1978. Mr. Logan moved for acceptance of the Monthly Activities Report for June 1978. Seconded by Dr. Emmick. Hearing no objection. so ordered. MANAGER'S REPORT 1. Advised the borough has received approval of the Coastal Energy Impact Program application. This was begun in 1976 and will be complete shortly after the first of the year. 2. Sug- gested general counsel be available to assist during election detail due to a very complex ballot. Mr. Garnett may hold some seminars on unification and assist in informing the public on the matter. Mrs. Kavanaugh so moved. Seconded by Mr. Jack. Motion carried by unanimous roll call vote. Mrs. Wallin re- quested several Saturday sessions with Mr. Garnett regarding unification and assistance to staff in releasing news items regarding this issue. 3. Requested policy advice regarding rent collection in the borough building as a result of setting up the new method for operating the building. These are some left over matters from 1 PAGE 6 the past year: KMXT, Chamber of Commerce and Historical Society. Mrs. Wallin was excused at 11:15 P.M. Dr. Emmick assume the chair. Mrs. Kavanaugh moved to take necessa4 step_s to oll collect overdue rents. Sided bi_Mrs_ ',lesson_ _Motion carried_ by consent. 4 � AAdvised _ Y un animous for OCS June 1979 will be the final date for technical data development. Recommended the assembly begin now to pare a summary report of all that has been done for the three years in Pre - for e9 Mr preparation for the lease sale which past red b s• K 'gh moved that is scheduled 2 Y staff. the otmmary reort_ be Seconded b animous consent. - - - � =- Jack. Motion carried b Pre- y. Requested a - _ Y un- meeting in order that workrcanpbeldonebefore January 1979 6. Set work session for Tuesda study at the August Assembly Chambers.— J ii11'_ 1 8th at 6:30 p,M, - in_the XI ASSEMBLY COMMENTS Mrs. Kavanaugh: No --�� comment Mrs. Wasson: beginning the gfallebetputmon arworkt session lagendamonth Mr. Jack: No comment Mr. Williams: Asked that the section of the land w le left out be discussed at the work session with session on July 18th. Tubbs' counsel. Le also be present at the work a vise J Mr. Lo an: 1. Asked when the land sale would be. Mr. Tubbs aetermineewhetp e n investigating each parcel of land to the rtneer ballot. can a put up for sale. This is to be o the assembly had m Reminded that it had been n out that this would be ufeasible untilsafter the fishingince It was r season. 3. Felt the borough should Pointed meetings as they serve the borough o Xitsental Mr. Peotter: Asked for a review of the borough insurance age y an Insurance consultant. Felt the insurance should' be reviewed by the b Pack - that the borough en a torough each package - -� - R g_an insurance consultantrto_Ere moved viewthe boron `insurance package. _ Seconded Dv Hr_ Jack Motion carried bunimous roll call vote. Mr. Denslow was requested to check out t t the a vailabi l ity o analysts. XII MAYOR'S COMMENTS 1. Was contacted by Diana Tufts to be aware that the Baha'i would be in town this week. XIII AUDIENCE COMMENTS No comments XIV ADJOURNMENT Meeting was adjourned by Dr. Emmick, Acting Presiding Officer at 11:37 P.M. ATTEST: KIS ASSEMBLY MEETING, JULY 6, 1978 elk reasurer " . 3 5 7 Ma or