1984-06-07 Regular MeetingJaDI& ALA2D BOROflGH rSS111MBky METING - June 7, 1984
(A Verbatim Record is on Bile in' the Clerk's Office.)
I CALL TO ORDER
Mayor Selby called the meeting to order at 6:43 p.m. in the
Borough Assembly Chambers.
II ROLL CALL
Present Absent
Mayor Selby
Mr. Anderson
Ms. Barker
Mrs. Cater
Mr. Murray
Mr. Naughton
Mr. Wakefield
Mr. White
A quorum was established.
III ACCEPTANCE OF AGENDA
Mayor Selby advised that item V H. should be deleted as it was
not received.
Mr. Shealy requested the addition of the following items under
Manager's Report B. Other Business:
1. Miller Point Subd. Sewer Line
2. Memo from DOT re: Municipal Airport
3. Res. 84-65-R Supporting The Kodiak Community College Health
And Science Facility.
4. Res. 84-66-R Commending Capt. & Mrs. Benjamin K. Schaeffer
Mr. Anderson moved to accept the agenda as presented with the
above deletion and additions. Seconded by Mrs. Cater. Motion
carried by unanimous voice vote.
IV MINUTES OF PREVIOUS MEETINGS
A. Assembly - Reg. - May 3, 1984
B. Assembly - Spec.- May 24, 1984
Mr. White moved to accept the minutes of the regular Assembly
meeting of May 3, 1984 and the special Assembly meeting of May 24,
1984. Seconded by Mr. Anderson. Motion carried by unanimous
voice vote.
V MINUTES OF OTHER MEETINGS
A. Parks & Recreation Committee - March 29, 1984 & April 10, 1984
B. KIBSD - Reg. - April 23, 1984, Spec.- May 2, 1984 &
Reg. - May 2, 1984
C. Fire Protection Area #1 Advisory Board - April 3, 1984,
Special - April 10, 1984 & May 8, 1984
D. Service District #1 Advisory Board - May 7, 1984
E. Personnel Advisory Board - Spec.- May 14, 1984
F. Board of Equalization - May 7, 1984
G. Monashka Bay Road Service - May 1, 1984
Mr. Anderson moved to acknowledge receipt of Items A through G.
Seconded by Ms. Barker. Motion carried by unanimous voice vote.
VI COMMUNICATIONS & APPEARANCES
A. Boards & Commissions
1. Mr. Van Wieringen, on behalf of the Hospital Advisory Board,
requested authorization to purchase computer hardware/software
for the IBM System 34 for acquisition between now and September.
Mr. Murray moved to authorize the Hospital to purchase necessary
computer hardware/software to implement the IBM System 34 in the
amount not to exceed $34,000. Seconded by Mrs. Cater. Motion
carried 6-1 with Mr. Anderson casting the NO vote.
KIB ASSEMBLY MTG. - June 7, 1984
n 1 02 n � `i 2,
Page 2
The second request Mr. Van Wieringen presented was the authori-
zation to purchase office furniture for the new modular unit to
be split between the two vendors on the basis of best congregate
cost between Yukon Office Supply and Ardinger's Furniture.
Mr. Murray moved to approve the acquisition of the furniture for
the modular unit in the amount not to exceed $9,000 to Ardinger's
and $4,000 to Yukon Office Supply. Seconded by Mr. White. Motion
carried 6-1 with Mr. Anderson casting the NO vote.
2. Mr. Hepburn from the Personnel Advisory Board was present if
the Assembly had any questions.
3. Mr. Knight from the P &Z Commission was also present.
4. Mr. Wilton White from the Hospital Advisory Board reiterated the
list of requests that were presented to the Assembly at the noon
work session.
5. Dan Maciak, chairman for the Gravel Task Force, reported that
the committee could not really come to any compromise situation
after six meetings. Therefore, the committee decided to write
position papers in which each outlines the pros & cons given
to that position.
6. Scott Arndt representing Fire & Service District #1 regarding
Res. 84-47-R. We basically feel that the timing is drastically
wrong. We would like to see the Res. 84-47-R not be removed
from the table. Also regarding Res. 84-46-R the fire district
is in the midst of becoming fully equipped and trained. The
Fire District also feels that the timing is not right for this
and requested that this resolution also not be removed from the
table.
Another issue that is on the agenda that I would like to speak
to you about, as a citizen, is Res. 84-64-R. As a manager form
of government, it is the manager's job to present the informa-
tion accurately to everybody. When the mayor is in there, the
mayor is voted in by the people and cannot be removed other than
by recall. If the manager is not doing his job, he can be re-
placed immediately.
B. Letter re: "Hire a Vet" month
Mayor Selby read the Executive Proclamation into the record
proclaiming June 1984 "Hire a Vet" month.
C. Letter re: Village Grant Projects
Mr. Anderson moved to grant $50,000 to each of the six villages for
a total amount of $300,000. Seconded by Ms. Barker. Motion
carried 6-1 with Mr. Wakefield casting the NO vote.
D. Proclamation: National Safe Boating Week
Mayor Selby read the proclamation into the record designating the
week beginning June 3, 1984 as National Safe Boating Week.
*** BOARD OF ADJUSTMENT
A. Scott Arndt - P & Z Commission's Decision re: Extraction &
removal of sand and/or gravel and et cetera. (Res. No. 84-63-R)
Mayor Selby recessed the regular meeting and reconvened as the
Board of Adjustment.
Mr. Knight:(presented the P & Z Commission's findings)
The issue regarding the extraction of rock in areas other than
industrial zones was discussed by the P & Z Commission after Staff
had made a determination that there were several complaints
issued in regards to some lots being developed out in the Monashka
Bay area. After the findings, an administrative decision was made
by Staff that since one of the parties involved actually had a
building permit and the other party was advised to get one, that
they could continue developing their sites. Then the Commission
did vote unanimously to reverse the Staff's decision and state
RIB ASSEMBLY MTG. - June 7, 1984 Page 3
that any extraction of sand, gravel or rock from areas other than
industrial zoned areas would require an exception.
Mayor Selby recessed the Board of Adjustment and reconvened the regular
Assembly meeting.
Mr. White moved to adopt Res. No. 84-63-R Affirming An Interpreta-
tion Of The Planning And Zoning Commission Regarding Sand, Gravel
and Rock Extraction. Seconded by Mrs. Cater.
Mayor Selby recessed the regular Assembly meeting and reconvened the
Board of Adjustment.
Mr. Maciak: (chairman of Gravel Task Force) We agreed in principal
that there needed to be a source of rock for contractors. And
secondly, we did agree on slope cuts.
The residential property owners are saying to enforce the present
UBC and Borough ordinances and not to make new ones.
Scott Arndt: I believe that the Commission's interpretation of uses
permitted in Residential -zoned districts, for example, is contrary
to the intent of the authors of the Code. Normal residential site
preparation often requires the removal of overburden from the lot,
including drilling, shooting and ripping of rock ridges in order
to provide adequate access and a usable site location for the house
to be constructed. Such site preparation, I feel, is incidental to
the use of the lot in all residential and business zoning
districts. Until the Commission's April 19 meeting, Borough staff
had always considered such normal site preparation as permissable
under the Code in the development of a lot for its intended use,
while requiring an exception where the removal of rock/gravel
appeared to be more than merely incidental to lot development. I
have no problem with the previous interpretation of the Code, and
would prefer to see us continue with that application of the Code.
I hate to see the P & Z Commission get carried away with what it
perceives to be an abuse of what was formerly considered normal
site development activity and impose cumbersome regulations upon
all who wish to develop their properties. I would like for you to
adopt the resolution reversing P & Z's decision.
Dave Herrnsteen: I would like to urge you to support P & Z's
decision. The Uniform Building Code is pretty straight forward in
the way it sets it up. It requires a permit for certain things
and for your excavation you don't need a permit to take your rock
out. I think it is extremely important that these permits be gone
through. They are not that difficult and the procedure can
certainly be revised. The normal development for a residential lot
shouldn't be any problem for getting the necessary permits. If
this thing is not regulated properly, it can do far more damage
to a person's neighborhood and the money he has invested in his
home more than anything else.
Mike Brechan: The bottom line to this whole discussion is the fact
that the Borough Assembly has erred in a basic requirement for the
community. You have said that "barrow" in anything but industrial
zones is prohibited basically by the ruling of P & Z. That is fine
except that the number of areas of industrial zoning that have
applicable barrow are very small and very tightly controlled and
it is an injustice to the community because of the nature of our
community. I agree with Mr. Arndt's position.
Steve Tolton: I would like to know who is going to define what
overburden is as opposed to sand. We need to come to some
conclusions. My suggestion again is Mr. Arndt's, that the
Borough Engineer, or someone in his place that has the educational
training to make some decisions, and as long as there were some
appeal procedures in place it would take a burden off of P & Z
that is going to become extremely cumbersome when each of us wants
to move a pickup load of something off our property.
Lorna Arndt: This is getting worse than Russia, when you tell
someone what to do with their land.
Mayor Selby closed the Board of Adjustment and reconvened the Assembly
meeting.
Mr. Murray moved to amend by substitution by reversing the P & Z's
KI!��B ASSEMBLY MTG. - June 7, 1984 Page 4
0 0 0 0 j€ r! l -1 f1
decision. Seconded by Mr. Wakefield. Amendment carried by
unanimous roll call vote.
Main motion as amended carried by unanimous roll call vote on
Resolution No. 84-63-R.
Mr. Anderson moved to direct staff to change the interpretation of
isolated lot, from what it has been to not being isolated lot in a
residential area in the UBC. Seconded by Mr. White. Motion failed
3-4 with Mr. Anderson, Mrs. Cater and Mr. White casting the YES
votes.
Mr. Wakefield moved to direct Staff to continue what they have been
doing. Seconded by Mrs. Cater. Motion carried 4-3 with Mr.
Anderson, Mrs. Cater and Mr. White casting the NO votes.
Mr. Anderson moved to have P & Z look at the UBC and come back to
the Assembly with recommendations on revisions. Seconded by Mrs.
Cater. Motion carried by unanimous voice vote.
Mayor Selby requested that City Mayor John Pugh come forward at this
time.
Mayor Pugh read a proclamation into the record commending Mr.
Shealy as Borough Manager for his dedication and service to the
entire Kodiak community. He also presented Mr. Shealy with the
Key to the City, fully understanding that in Borough - City
cooperation the City is going to change the locks tomorrow.
VII PUBLIC HEARINGS
A. Ord. No. 84-22-0(A) Levying Taxes On All Taxable Real And
Personal Property Within The Borough For The Expenses And
Liabilities Of The Borough For The Fiscal Year Commencing On The
First Day Of July 1984 And Ending On The Thirtieth Day Of June
1985 and Public Hearing On Federal Revenue Sharing Funds.
Mr. Wakefield moved to adopt Ordinance No. 84-22-0. Seconded by
Mr. Anderson.
Mr. Wakefield moved to amend by substituting Ordinance
No.84-22-0(A). Seconded by Mr. Anderson. Amendment carried by
unanimous roll call vote.
Mr. Murray moved to amend by increasing the allocation under
Health & Sanitation an appropriation of $400,000 for the Kodiak
Island Hospital thereby changing the total expenditures from
$5,555,640 to $5,955,640 with the additional revenue coming by
adding an additional mill on the expenditure side. Seconded by Mr.
Anderson. Amendment failed 1-6 with Mr. Murray casting the YES
vote.
Regular session closed:
Public Hearing on Federal Revenue Sharing opened:
Paul Stubbe: (Kodiak Community College) I would like to thank you
for your continued support of the Federal Revenue money. We will
continue to plan and develop the courses that meet the needs of the
community.
Joel Davis: (Council on Alcoholism) I would also like to say an
appreciation for your support in the Federal Revenue sharing
support. We are providing treatment for the community through
several phases.
Jerry Wilson: (Kodiak Arts Council) I would like to thank you for
at least including us at this point in the Federal Revenue sharing.
This is an important step for us.
Alan Schmitt: (Alaska Legal Services) Unfortunately, I am not able
to thank you for the second time in a row because once again we
get another goose egg. We provide a service to not just the ones
here in Kodiak but to the whole island.
Meg Miller: (Small World Day Care Center) We want to encourage you
to vote positively on the amount that you have allocated to us.
KIB ASSEMBLY MTG. - June 7 1984
Page 5
Janet Carter: (Women's Resource Center) I would like to thank you
for your continuing support of the agency. The money will enable
us to continue services so needed in the community.
Scott Arndt: (Service Districts) We appreciate the funding to take
care of the services that are being provided which are mainly the
road service and the fire protection in both of the districts.
Lorna Arndt: I feel most of these organizations that you gave so
much of our federal revenue dollars to are suppose to be self-
supporting. Not everyone uses them! I think the money should be
spent more where everybody uses them not a few. These monies
should be going into roads which everybody uses.
Bill Swearingin: (Monashka Bay Road Service Area) We really need
the money. We have a lot of bad roads that really need the repair.
Katy Howard: (Kodiak Women's Resource & Crisis Center) We would
like to thank you for your continued support of the organization.
I would also like to say one word on behalf of AK Legal Services
because of the fact that many of the clients that the Women's
Resource & Crisis Center serves and in most instances have no other
recourse in terms of legal assistance.
Public Hearing closed on Federal Revenue Sharing:
Regular Session opened:
Mr. Wakefield moved to amend by moving $5,000 from Mental Health
Center federal revenue sharing line item and place it in Alaska
Legal Services. Seconded by Mr. Murray. Amendment carried 6-1
with Mr. White casting the NO vote.
Mr. Murray moved to amend by reducing the amounts for the Fire
Protection Service Area #1 and the Bells Flats Fire $2,500 for
each and place that in Alaska Legal Services. Seconded by Mr.
Wakefield. Amendment failed 2-5 with Ms. Barker and Mr. Murray
casting the YES votes.
Regular Session closed:
Public Hearing opened on Ord. No. 84-22-0(A):
Anthony Cristaldi: (Kodiak Island Hospital) I feel that our quality
of health care could be at risk.
Lorna Arndt: I think the Borough has gone all out and really spent
our monies on items for the Hospital. I don't think it's being
managed right if you can't save on man -power.
Scott Arndt: The fund balance of the School District is not shown
in the budget. The actual educational costs is misleading.
Public Hearing closed:
Regular Session opened:
Mr. Murray moved to amend the ordinance under Educational Support
from $1,568,500 to $2,163,313 and increasing the Use of Fund
Balance $594,813. Seconded by Mr. Anderson. Amendment carried
by unanimous roll call vote.
Mr. Murray moved to amend under Health & Sanitation by increasing
it from $709,790 to $1,109,790 with the additional amount of
$400,000 for Hospital support. Seconded by Mr. Anderson. Amend-
ment failed 1-6 with Mr. Murray casting the YES vote.
Motion carried 5-2 on Ordinance No. 84-22-0(A) as amended with Mr.
Anderson and Mr. Murray casting the NO votes.
B. Ord. No. 84-23-0 Amending The Class Title, Pay Range And Job
Description Of The Personnel Rules And Regulations.
Mr. Murray moved to adopt Ordinance Not. 84-23-0. Seconded by Mr.
Anderson.
Regular Session closed:
Public Hearing opened: NO COMMENTS.
Public Hearing closed:
KIB ASSEMBLY MTG. - June 7, 1984
Regular Session opened:
Page 6
Motion carried on Ordinance No. 84-23-0 by unanimous roll call
vote.
C. Ord. No. 84-24-0 Amending The Property Tax Due Dates And The
Delinquency Dates.
Mr. Anderson moved to adopt Ordinance No. 84-24-0. Seconded by Mr.
White.
Regular Session closed:
Public Hearing opened:
I
Lorna Arndt: I would like to see it changed back to December as it
was originally proposed.
Public Hearing closed:
Regular Session opened:
Mr. Wakefield moved to amend by changing it to read "The second
half of the taxes thus levied is due on or before the fifteenth of
December in the year in which the taxes are levied". Seconded by
Mrs. Cater. Amendment failed 2-5 with Mrs. Cater and Mr. Wakefield
casting the YES votes.
Motion carried on Ordinance No. 84-24-0 by unanimous roll call
vote.
D. Ord. No. 84-25-0 Relating To The Exemption Of Certain Personal
Property.
Mr. Anderson moved to adopt Ordinance No. 84-25-0. Seconded by Mr.
Wakefield.
Regular Session closed:
Public Hearing opened: NO COMMENTS.
Public Hearing closed:
Regular Session opened:
Mr. White moved to table Ordinance No. 84-25-0. Seconded by Mr.
Wakefield. Motion carried 6-1 with Mr. Murray casting the NO vote.
E. Ord. No. 84-26-0 To Dispose Of A Portion Of ADL 44355, Known As
The Sawmill Site.
Mr. Murray moved to adopt Ordinance No. 84-26-0. Seconded by Ms.
Barker.
Regular Session closed:
Public Hearing opened:
Walt Ebell: (speaking on Timberline's behalf) Timberline has
operated a sawmill on the premise since 1976. Timberline is the
only sawmill in Alaska that is qualified to produce stamped and
graded lumber. This means that the lumber can be used in all
certified and government projects. The sawmill provides a means
of utilizing our local timber resources which otherwise would be
wasted or exported. Timberline should be provided an opportunity
to purchase this real property in order to guarantee it's continued
operation. The property is currently zoned conservation. The
operation is granfathered in. We would urge you to pass this
ordinance at this time so that this important business can become
a permanent fixture in our community.
Cathy Cordry: We are the closest neighbor to Timberline. We are
currently working on a comprehensive plan for the area and one of
the main considerations is a commercial industrial area out there
for sawmills and gravel pits.
Ken Damm: I am in favor of surplusing the property and the sale at
a public auction.
Tony Perez: I am in favor of surplusing the property and putting it
up for public auction. I would like to see Timberline get this and
be an established business here.
RIB ASSEMBLY MTG.. - June 7, 1984
(�
;1 0 '0 0 2 11 1
Page 7
Debra Burgy: I believe it would be premature to surplus this land
at this time. At this time the comprehensive planning group is
meeting to form an overall plan for the area.
Toby Cook: I would like to testify in favor of the ordinance. My
house is built out of rough spruce. We live out in Monashka Bay
and have not heard about the comprehensive plan until tonight.
Bill Swearingin:
I live on Marmot Drive and I don't
have anything
against having a
sawmill in the area. Definitely
there is going
to have to be some commercial property out there,
but fifteen acres
in that area is
quite a bit for a sawmill of that
size. I don't
think it's time
right now to turn the land over to
the sawmill
without looking
at what is going to happen with the
other land out
there.
Nancy Missal: I live on Marmot Drive. I ask that the Borough not
sell the fifteen acres that are now leased to Timberline at this
time. Timberline only occupies approximately five to six acres
of the fifteen acres. I asked Mr. Grothe if he had any intentions
of expanding, he skirted my question and never did give me an
answer on it. That is of great concern to all of us. I'm not
saying there's not a need for a sawmill, I just feel there should
be a more appropriate place.
Okey Chandler: You should do what you think is right. I think you
should sell.
Elaine Hunter-Rennell: I live in Monashka Bay Subdivision. My
house was built with wood from Timberline. I am concerned that the
comprehensive plan continue.
Dan Ogg: When the Assembly first started the leasing to Timberline,
the impression was given to the residents that this was temporary.
Two and a half years down the road, we now come to a point where
they are requesting to purchase the property. I think a little
more time should be spent in considering how to develop the area
out there. I think it is necessary before you decide to surplus
this land to determine just exactly what the value of it is. Mr.
Ogg requested his following letters be entered into the record.
(Mr. Ogg's testimony to the P & Z Commission received April 18,
1984 and the letter to the Mayor and Assembly received April 30,
1984 will be attached to the original minutes for public scrutiny
due to their length.)
Marsha Oswalt: I am a member of the community planning group.
I don't have direct ownership in Timberline but my husband is
involved in that business so I have interest in it too. I don't
feel that surplusing the property and putting it up for auction at
this time is incompatible with our completion with the planning
process. I would like to see planning take place in this area.
Steve Rennell: (As a citizen and not a P & Z Commissioner)
I would like to see the planning process continue and I really
think it would be a detriment if this land was deemed surplus to
Borough needs.
Marlin Knight: (P & Z Rep.) I agree with everything that was stated
by Walt Ebell tonight with regards to diversification of our
economy and the need to have a timber industry to provide an alter-
native cost for housing. I felt that it was a five year lease and
only half was completed. I felt there was sufficient time
remaining in the lease to provide for the comprehensive planning
group and also to provide for more hearings. There were only four
commissioners present at the meeting and the vote was split 2-2.
I am aware that two of the commissioners that were not present
would have voted to deny the request.
Roland Reuss: (Timberline employee) I would like for you to
consider my employer's planning for the future.
Scott Arndt: I think the Assembly should get involved in the
planning of the area as far as what your intentions are as far as
giving guidelines as what you would like to see. If you decide not
to sell, I would like to see you give serious consideration to a
long term lease.
KIB ASSEMBLY MTG. - June 7, 1984
Page 8
Len Grothe: We need to know to plan for the future. I would like
to ask you to surplus this property so that we have a chance to
bid on it. If you decide to vote no, we need to know the reason
when we tell our employees they are out of work. We would possibly
put a roof over the wood so that it doesn't get wet when it rains.
I don't envision anything larger than what we are running now. If
we do have a permanent home there, most likely what we would expand
is the log storage.
Mel Stephens: I am not here for the law firm tonight. I would like
to ask you to vote on this issue doing it as an issue that impacts
this community as a whole.
Public Hearing closed:
Regular Session opened:
Mr. White moved to amend the acreage from 15 to 8. Seconded by
Mrs. Cater. Amendment failed 3-4 with Ms. Barker, Mrs. Cater and
Mr. White casting the YES votes.
Mr. White moved to table Ordinance No. 84-26-0. Seconded by Ms.
Barker. Motion failed 3-4 with Ms. Barker, Mrs. Cater and Mr.
White casting the YES votes.
Motion carried 6-1 on Ordinance No. 84-26-0 with Mr. White casting
the NO vote.
F. Ord. No. 84-27-0 Amending Title 15 Of The KIB Code, Buildings
And Construction, Establishing A Building Numbering System And
Requiring The Numbering Of Buildings.
Mr. Anderson moved to adopt Ordinance No. 84-27-0. Seconded by Mr.
White.
Regular Session closed:
Public Hearing opened:
Scott Arndt: The Fire District wants the numbering so that it
enables better fire and ambulance response time.
Public Hearing closed:
Regular Session opened:
Motion carried on Ordinance No. 84-27-0 by unanimous roll call
vote.
G. Ord. No. 84-28-0 Amending The Personnel Rules And Regulations
Related To Moving Expenses For New Employees.
Mr. Murray moved to adopt Ordinance No. 84-28-0
White.
Regular Session closed:
Public Hearing opened: NO COMMENTS.
Public Hearing closed:
Regular Session opened:
Mr. Murray moved to amend by adding The Borough M
positions in high demand and short supply requiri
for the purpose of accepting employment with the
annroval of the Borough Assemblv. Such Dositions
Seconded by Mr. White. Amendment carri
and Mr. Wakefield casting the NO votes.
Seconded by Mr.
be
on
Motion carried 5-2 with Mr. Anderson and Mr. Wakefield casting the
NO votes on Ordinance No. 84-28-0 as amended.
H. Ord. No. 84-29-0 Amending And Updating Ch. 2.08 Of The KIB Code
As It Pertains To Bonding Of Officers.
Mr. White moved to adopt Ordinance No. 84-29-0. Seconded by Mr.
Anderson.
Regular Session closed:
Public Hearing opened: NO COMMENTS.
KIB ASSEMBLY MTG. - June 7, 1984
Public Hearing closed:
Regular Session opened:
Page 9
Motion carried on Ordinance No. 84-29-0 by unanimous roll call
vote.
VIII OLD BUSINESS
A. Res. No. 84-46-R Requesting Combination Of Fire Protection
District No. One (Bayside) And The Kodiak City Fire Department.
(Tabled)
Mr. Wakefield moved to remove from the table. Seconded by Mr.
Naughton. Motion carried 4-3 with Mr. Anderson, Mrs. Cater and Mr.
White casting the NO votes.
(Mr. White moved to adopt Resolution No. 84-46-R. Seconded by Mr.
Naughton.)
Mr. Naughton moved to amend the title of the resolution by adding
the the words STUDY OF A after the word "REQUESTING". Seconded by
Ms. Barker. Amendment carried by unanimous voice vote.
Scott Arndt: (Service District No. 1) I think it is about a year
premature and don't want the resolution passed.
Motion carried 4-3 on Resolution No. 84-46-R as amended with Mr.
Murray, Mr. Wakefield and Mr. White casting the NO votes.
B. Res. No. 84-47-R Supporting Consolidation Of The Service
District 111 Water And Sewer District With The City Of Kodiak
Water. (Tabled)
Mr. Anderson moved to remove from the table. Seconded by Ms.
Barker. Motion failed 3-4 with Mr. Anderson, Ms. Barker and Mr.
Naughton casting the YES votes.
C. Letter: City of Kodiak re: Gull 6 Uski Islands (Tabled)
Mr. Murray moved to remove from the table. Seconded by Mr.
Wakefield. Motion carried 6-1 with Mrs. Cater casting the NO vote.
Mr. Anderson moved to table. Seconded by Mr. Wakefield. Motion
carried by unanimous voice vote.
IX MANAGER'S REPORT
A. June Meetings
1. Monday, June 11, 1984 - Kodiak High School - 6:00 p.m.
Groundbreaking for auditorium.
2. Thursday, June 14, 1984 - Borough Conference Room - 7:30 p.m.
Work session with Acting Manager.
3. Thursday, June 21, 1984 - Borough Conference Room - 7:30 p.m.
Joint City/Borough work session.
4. Thursday, June 28, 1984 - Borough Conference Room - 7:30 p.m.
Work session to review July packet.
B. Other Business
1. Miller Point Subd. First Addition Sewer Line Agreement
Mr. Anderson moved to authorize Staff to enter into the contract
with Tooth 'N' Nail Enterprises. Seconded by Mr. White. Motion
carried by unanimous roll call vote.
2. Memo from DOT/PF re: Municipal Airport Study
Mr. Anderson moved to urge the State to reinstate the fresh water
float plane facility at the State Airport in the Kodiak Airport
Master Plan and do something about it. Seconded by Mr. White.
Motion carried by unanimous roll call vote.
3. Res. No. 84-65-R Supporting The Kodiak Community College
Health And Science Facility.
KIB ASSEMBLY MTG. - June 7, 1984
Page 10
Mr. Naughton moved to adopt Resolution No. 84-65-R. Seconded by
Mrs. Cater. Motion carried by unanimous voice vote.
4. Res. No. 84-66-R Commending The U.S. Coast Guard Support
Center Commanding Officer, Capt. and Mrs. Benjamin K.
Schaeffer.
Mr. White moved to adopt Resolution No. 84-66-R. Seconded by
Mr. Anderson. Motion carried by unanimous voice vote.
X NEW BUSINESS
A. Res. No. 84-51-R Authorizing The Receipt And Expenditure Of
Municipal Grants Appropriated By The 1984 Legislature.
Mr. Anderson moved to adopt Resolution No. 84-51-R. Seconded by
Mr. Wakefield. Motion carried by unanimous roll call vote.
B. Res. No. 84-52-R Authorizing A One -Time (Single -year) Reduction
To Property Taxes.
Mr. Anderson moved to adopt Resolution No. 84-52-R. Seconded by
Mr. Wakefield. Motion carried by unanimous roll call vote.
C. Res. No. 84-53-R Adopting A Grievance Procedure In Regard To
Federal Revenue Sharing Funds.
Mr. Anderson moved to adopt Resolution No. 84-53-R. Seconded by
Mr. Wakefield. Motion carried by unanimous voice vote.
D. Res. No. 84-54-R Amending The Material Sales Contract For The
Removal Of Gravel From Tracts B-1, B-2, B-3, B-4A, Bells Flats
AK Subdivision.
Mr. Anderson moved to adopt Resolution No. 84-54-R. Seconded by
Mr. Murray. Motion failed by unanimous roll vote.
E. Res. No. 84-56-R Approving An Application For A Preliminary Loan
For A Low -Income Housing Project.
Mr. Marlin Knight, representing K.I.H.A. spoke in favor of the
resolution.
Mr. Naughton moved to adopt Resolution No. 84-56-R. Seconded by
Mrs. Cater. Motion failed 3-4 with Ms. Barker, Mrs. Cater and Mr.
Naughton casting the YES votes.
F. Res. No. 84-57-R Supporting U.S. Customs Rules Amendments To
19 C.F.R. Section 4.80(a).
Mr. Anderson moved to adopt Resolution No. 84-57-R. Seconded by
Mr. Wakefield. Motion carried by unanimous voice vote.
G. Res. No. 84-58-R Allocating The Use Of Undesignated Road
Improvement Grants For The Completion Of Monashka Circle And
Bay View Drive.
Mr. Wakefield moved to adopt Resolution No. 84-58-R. Seconded by
Mr. Anderson. Motion carried by unanimous roll call vote.
H. Res. No. 84-59-R Directing Staff To Proceed With Construction
Of A Certain Portion Of Lilly Drive And Mallard Way.
Mr. White moved to adopt Resolution No. 84-59-R. Seconded by Mrs.
Cater. Motion carried by unanimous roll call vote.
I. Res. No. 84-60-R Awarding The Auditorium/Old Main Remodel
Project.
Mr. White moved to adopt Resolution No. 84-60-R. Seconded by Ms.
Barker. Motion carried 6-1 with Mr. Murray casting the NO vote.
J. Res. No. 84-61-R Authorizing Submission Of A Bulk Fuel Storage
Facility Grant Application For Akhiok.
Mr. Anderson moved to adopt Resolution No. 84-61-R. Seconded by
KIB ASSEMBLY MTG. - June 7, 1984 Page 11
Mr. White. Motion carried by unanimous voice vote.
K. Res. No. 84-62-R Authorizing The Receipt And Expenditure Of
Municipal Grants For Akhiok And Karluk.
Mr. Wakefield moved to adopt Resolution No. 84-62-R. Seconded by
Mr. Anderson. Motion carried by unanimous roll call vote.
L. Ord. No. 84-32-0 Enacting Title 17.34 Of Borough Code On Zero -
Lot -Line Development. (1st Rdg.)
Mr. Anderson moved to adopt Ordinance No. 84-32-0 in the first
reading. Seconded by Mr. Naughton. Motion carried 6-1 with Mr.
Wakefield casting the NO vote.
M. Ord. No. 84-30-0 Directing The Implementation Of Certain Invest-
ment Policies By The Borough And Providing For An Effective
Date. (1st Rdg.)
Mr. Naughton moved to adopt Ordinance No. 84-30-0 in the first
reading. Seconded by Mr. White. Motion carried by unanimous
voice vote.
N. Ord. No. 84-31-0 Repealing And Re -Enacting Title 15, Building
And Construction. (1st Rdg.)
Mr. Anderson moved to adopt Ordinance No. 84-31-0 in the first
reading. Seconded by Mr. Naughton. Motion carried by unanimous
voice vote.
0. Award Bid for Pickup Truck
Mr. Wakefield moved to award the bid for a pickup truck to Berg
Motors in the amount $8,546.89. Seconded by Mr. Anderson. Motion
carried by unanimous roll call vote.
P. Award Maintenance Contract for Service District #1
Mr. Murray moved to award the contract of water and sewer mainte-
nance for Service District 111 to Alagnak, Inc. Seconded by Mr.
White. Motion carried by unanimous roll call vote.
Q. Award Snow Removal Contract for Borough Buildings
Mr. Murray moved to award the contract of snow removal, sanding
and road grading for the Municipal Facilities to Island Sand
& Gravel, Inc. at the agreed upon proposed costs. Seconded by
Mr. White. Motion carried by unanimous roll call vote.
R. Authorize Akhiok Generator Repair
Mr. Wakefield moved to approve Staff to enter into an agreement
with Harbor Machine to accomplish the repairs to the Akhiok genera-
tor facilities in an amount not to exceed $11,980. Seconded by
Mrs. Cater. Motion carried by unanimous roll call vote.
S. Authorize Advertising for A & E Firm - East Elementary School
Mrs. Cater moved to authorize Staff to advertise for an A & E firm
to develop schematic and design development drawings and specifica-
tions for implementation of the East Elementary Educational
Specifications. Seconded by Ms. Barker. Motion carried by
unanimous voice vote.
T. Authorize Advertising for A & E Firm - Village Schools
Mr. Naughton moved to authorize Staff to advertise for an A & E
firm for development of educational specifications for Port Lions,
Old Harbor and Larson Bay Elementary Schools. Seconded by Mrs.
Cater. Motion carried 6-1 with Mr. Murray casting the NO vote.
U. Res. No. 84-64-R Calling For A Proposition To Be Placed On The
October Regular Election For The Purpose Of Determining Whether
Or Not The Kodiak Island Borough Shall Retain The Manager Form
Of Government.
KIB ASSEMBLY MTG. - June 7, 1984
Page 12
Mr. Naughton moved to adopt Resolution No. 84-64-R. Seconded by
Mrs. Cater. Motion failed 3-4 with Mrs. Cater, Mr. Naughton and
Mr. White casting the YES votes.
V. Designation of Acting Manager
Mr. Anderson moved that Linda Freed be designated as acting
manager at Range 27, Step E ($57,372) during the time she is
holding this position. Seconded by Mr. Wakefield.
Mr. Murray moved that the Assembly go into Executive Session to
discuss personnel matters. Seconded by Mr. Anderson. Motion
carried 4-3 with Mrs. Cater, Ms. Barker and Mr. Wakefield casting
the NO votes.
The Assembly entered into Execute Session at 3:42 a.m. and returned at
3:54 a.m.. Mr. Murray reported that the Assembly discussed personnel
matters and no formal action was taken.
Motion carried 6-1 with Mr. Murray casting the no vote on Linda
Freed being designated acting manager at Range 27 Step E.
Mr. Wakefield moved that Mickie Miller would be acting manager in
Ms. Freed's absence. Seconded by Mrs. Cater. Motion carried by
unanimous voice vote.
W. Facility Coordinator's Status Report - May 1984
Mr. Anderson moved to acknowledge receipt. Seconded by Mr. Murray.
Motion carried by unanimous voice vote.
X. K.I. Hospital Financial Statements Dec. 31, 1983 with 1982-83
Auditor's Report
Mr. Anderson moved to acknowledge receipt of the Auditor's Report.
Seconded by Mr. Wakefield. Motion carried by unanimous voice vote.
Y. KIBSD Financial Report - April 1984
Mr. Anderson moved to acknowledge receipt
Motion carried by unanimous voice vote.
Z. KIB Financial Report - May 1984
Mr. Anderson moved to acknowledge receipt
Motion carried by unanimous voice vote.
Seconded by Mrs. Cater.
Seconded by Mrs. Cater.
aa. Accept Pass Through Monies From State Division Of Mental Health
For Computers
Mr. Murray moved to accept the grant in the amount of $42,000 for
the Community Mental Health Centers Information System from the
State of Alaska. Seconded by Mr. Anderson. Motion carried by
unanimous roll call vote.
bb. Accept Mental Health Grant Increase
Mr. Wakefield moved to accept the Rural Mental Health Services
grant increase in the amount of $15,500. Seconded by Mr. Anderson.
Motion carried by unanimous roll call vote.
XI MAYOR'S COMMENTS
1. It was brought to my attention that Mr. Wilton White was named
by Governor Sheffield as one of the top twenty-five volunteers
of community service in the State of Alaska.
2. I would like to request that Management contact Mr. Mingen of
Lutheran Homes Hospitals and see if he could be available to
meet with the Assembly and Hospital Board in a work session
sometime during June.
3. I would just like to mention the status on the two million
dollars, for public record, Mr. Weeks is back in New York right
now attending the meeting with the Court. The two million
dollars is not necessarily totally lost. We still have a chance
of recovering, I think, at least a substantial part if not all.
RIB ASSEMBLY MTG. - June 7, 1984
? 0 "►
XII ASSEMBLY COMMENTS
Page 13
Mr. Anderson: I have a little bit of a problem with the attitude of
the P & Z, the Assembly and some of the public concerning contrac-
tors and developers. When anything comes up that has anything to
do with them it seems they are jumped on for making money. They
are businessmen in the community like myself, Krafts, cannerie's and
so forth. I really think they should change their attitude a
little bit. They are contributing to the community and we really
couldn't get along without them.
Mr. Wakefield: I just want to apologize to Mr. Shealy for not
in Homer.
±
making all of his parties. I want to wish you well
nI
think the Manager selection committee should try and meet this
IL
next Thursday at 4:00 pm.
Mr. White: I just have a concerw about a buffer zone around Timber-
line. I just wonder if we shouldn't give some direction to Staff.
Mr. Anderson moved that the Borough set aside a Buffer Zone of two
hundred seventy-one feet on the westerly side of Island Vista Subdivi-
sion from Rezanof east to the tidelands and to work them into the deed
restrictions to the deed. Seconded by Mr. Wakefield. Motion carried
by unanimous voice vote.
Mr. Naughton: I think we need to direct Staff to build a rail -
frame around the light -switch so that people don't lean against
the switch and turn it off accidently.
Mr. Wakefield: I think we need to direct Staff to oil these chairs
also.
Ms. Barker: I voted against requiring a grading -permit at this
time, however, I am in favor of having grading -permits. I don't
think in fairness it was the thing to do right now in the middle
of a building season. I do think we should incorporate it into
our next building season.
In regards to Mr. Chandler's petition, I feel that was a re -action
that perhaps the people didn't feel that the Borough was being as
I responsive as they could be. I feel that we are responsible and
l-_ that any complaints on how we make decisions or spend monies fall
directly on our shoulders. I think that having an elected mayor
won't shift that responsibility to anyone. It will just make those
decisions more political and perhaps less professional.
Mr. Murray: I would just like to express my appreciation of the
efforts of Phil for the last three years. I have appreciated his
professionalism. I think he has certainly gone above and beyond
what we might have expected in a manager.
Mrs. Cater: I just agree with all my colleagues. We all wish you
well in Homer.
XIII AUDIENCE COMMENTS
Okey Chandler: We had a Borough Chairman for twelve years and it
worked like a charm. It worked better than this is working now.
Otherwise, I wouldn't wasting my time circulating the petition.
Scott Arndt: I don't have a problem with the low-cost housing
principal. One of the programs that Kodiak Island Housing
Authority is promoting does not add to the tax -base. It takes away
from it. So what we continually have around the Island and in town
is the tax -base shrinking, not growing. You have less and less
people carrying the burden. I think you made the right decision.
XIV ADJOURNMENT
Mr. Anderson moved to adjourn. Seconded by Mr. Wakefield. Motion
carried by unanimous voice vote.
Mayor Selby adjourned the meeting at 4:20 am.
ATTEST: Bo e gh Mayor
Borough C1 c
2 1
EXECUTIVE PROCLAMATION
by
MAYOR of KODIAK ISLAND BOROUGH, ALASKA
Hiring of veterans will be emphasized nationally during the Month of June, with
one of the major objectives being to maximize the effectiveness of the
Emergency Veterans' Job Training Act (EVJTA Program) and subsequently reduce
the unemployment rate of the nation's Vietnam and Korean war veterans.
Hire the Vet Month will explore all ways to make every employer aware that
EVJTA provides direct payment to an employer for half the cost of hiring and
training a veteran for work in growth or technological based industry. This
means that an employer can be reimbursed up to $10,000 for hiring and training
a Korean or Vietnam era veteran.
The Job Service offices of the Alaska Department of Labor, the U. S. Veterans
Administration and the Veterans' Employment and Training Service will be
concentrating on the developing of jobs with the employers for the Emergency
Veterans' Job Training Act and the placing of veterans in these jobs. In
addition, the Alaska Job Service will continue with its concentrated program of
!1 developing jobs and placement of veterans from all wars in all jobs that become
available.
NOW, THEREFORE, I, Jerome M. Selby , Mayor of Kodiak Island Bormj*. AK do
hereby
proclaim the month
of June 1984
as:
ALASKA
HIRE A VET MONTH
and hereby encourage Alaska private and public employers to actively seek out
and hire veterans through the Emergency Veterans' Job Training Act, to improve
existing programs that can link all veterans with employment and training
opportunities and to stimulate the formation of action groups at all levels to
marshal available resources to attain these goals for Alaska veterans.
0 r11 2 0l u 4 n
OFFICE OF THE PAYOR
PROCLAMATION
C
WHEREAS, more Americans each year are choosing recreational boating
as an ideal way to relax with their families and friends.
However, what starts out as a pleasant cruise often ends in
tragedy because boaters fail to teach their families to
swim, fail to properly equip their craft with Personal
Flotation Devices and other protective equipment, or fail
to instruct their passhngers in the use of such devices to
a boating cruise; and
WHEREAS, every year hundreds of lives are lost in boating accidents,
These fatalities can be reduced and boating made more
pleasurable if those who engage in it will emphasize
knowledge, care and courtesy necessary for safe boating; and
WH 'iEAS, the Congress of the United States, having recognized the
need for such emphasis, has, by joint resolution of
4 June 1958 (72 Stat..179), requested the President to
annually proclaim one week as National Safe Boating Week.
NOW, THEREFORE, I, Jerome Selby, Mayor of the Borough of Kodiak, Alaska,
do hereby designate the week beginning June j, 1984, as
FJNATIONAL SAFE BOATING WEEK IN KODIAK
I urge all who use our waterways to acquire those skills and
knowledges essential to their own safety and that of others and to
apply these carefully.
IN ':ITNESS WHERECF, I have hereunto set my hand this fourth day of June,
in the year of our Lord nineteen hundred and eighty four.
Qom., 1l
F!ayor' the Borough of kold3- k Is d
77
EXECUTIVE PROCLAMATION
by
MAYOR or• KODIAK ISLAWD BOROUGH, ALASKA
Hiring of veterans will be emphasized nationally during the Month of June, with
one of the major objectives being to maximize the effectiveness of the
Emergency Veterans' Job Training Act (EVJTA Program) and subsequently reduce
the unemployment rate of the nation's Vietnam and Korean war veterans.
Hire the Vet Month will explore all ways to make every employer aware that
EVJTA provides direct payment to an employer for half the cost of hiring and
training a veteran for work in growth or technological based industry. This
means that an employer can be reimbursed up to $10,000 for hiring and training
a Korean or Vietnam era veteran.
The Job Service offices of the Alaska Department of Labor, the U. S. Veterans
Administration and the Veterans' Employment and Training Service will be
concentrating on the developing of jobs with the employers for the Emergency
Veterans' Job Training Act and the placing of veterans in these jobs. In
addition, the Alaska Job Service will continue with its concentrated program of
developing jobs and placement of veterans from all wars in all jobs that become
available.
NOW, THEREFORE, I, Jerome M. Selby , Mayor of Kodiak_ Island Borough, AK do
hereby
proclaim the month
of June 1984
as:
ALASKA
HIRE A VET MONTH
and hereby encourage Alaska private and public employers to actively seek out
and hire veterans through the Emergency Veterans' Job Training Act, to improve
existing programs that can link all veterans with employment and training
opportunities and to stimulate the formation of action groups at all levels to
marshal available resources to attain these goals for Alaska veterans.
4 0
OFFICE OF THE I4AYOR
PROCLAMATION
WHEREAS, more Americans each year are choosing recreational boating
as an ideal way to relax with their families and friends.
However, what starts out as a pleasant cruise often ends in
tragedy because boaters fail to teach their families to
swim, fail to properly equip their craft with Personal
Flotation Devices and other protective equipment, or fail
to instruct their passbngers in the use of such. devices to
a boating cruise; and
WHEREAS, every year hundreds of lives are lost in boating accidents,
These fatalities can be reduced and boating made more
pleasurable if those who engage in it will emphasize
knowledge, care and courtesy necessary for safe boating; and
WH=ZF_4S, the Congress of the United States, having recognized the
need for such emphasis, has, by joint resolution of
i 4 June 1958 (72 Stat. 179), requested the President to
annually proclaim one week as National Safe Boating Week.
NOW, THEREFOP.E, I, Jerome Selby, mayor of the Borough of Kodiak, Alaska,
do hereby designate the week beginning June 3, 1984, as
FNATIONAL SAFE BOATING WEEK IN KODIAK
I urge all who use our waterways to acquire those skills and
knowledges essential to their own safety and that of others and to
aptly them carefully.
IN 1-11ITNESS WEEREOF, I have hereunto set my hand this fourth day of June,
in the year of our Lord nineteen hundred and eighty four.
I'.ayor' the Borough of Koaiak Is ri
1 0 0 0 2
n
Q' I ,
ko , �Sxy
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41,
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19,
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F-1
11�C DIVED
APR 131984 P
r,r Dan Ogg
4;;{if1�1!1�11�12�1�213,41516 Box 2754
Kodiak , Alaska
99615 (�
Dear Chairman and Members of the Planning and Zoning Commission,
This public testimony adresses the request to purchase the
land known as the sawmill lease site in Monashka Bay . I would
like to strongly object to the request for sale and purchase by
Timberline of the property they presently lease from the
citizens of the Borough . I object as a resident property owner
of the adjacent affected area and as a citizen of the Borough .
In 1974 I purchased my property on Marmot Drive. At that
time it was a new residential area with no houses and very
rural ; the only land farther out was public use and a lease to
the V.F.W. I purchased my land mainly because it was far from
the industrial center of town and the nature of the surround-
ing land was zoned lowest density residential and agricultural
The furthest thing from my mind was that the Borough was intend
ing to create an industrial site this Far out of town . By 1976
people had built homes , the residential character of the area
was developing , and much to the pleasure of many property
owners the value of land began to increase . This was due in
part to the unavailability of land but was mainly due to the
character of the area . The value of land in Monashka Bay has
been consistently highc•i than the land in Bells Flats ; this
can be traced to the fart that the residential land in Bells
Flats surrounds indus!::al use land . For if the difference was
related soley to the d. tance from town and southern exposure_ \
one would expect the land in Bells Flats to be higher . Such is
not the history of land prices of the two areas
9 O n 7 2 0 1 7 4
page 2
rti In 1976 Timberline Inc. requested to "Temporarily Lease a
portion of the Sanitary Land Fill Site for use as a sawmill .
It was the understanding at the time of the request that it
would be temporary and that the officers of the Corporation
were looking for suitable industrial or commercial land to put
their permanent facility . At the time of the request there was
no industrial land available and the Borough was debating where
future industrial land should be located . As I remember from
the P and Z meeting of March 1976 the Commission approved the
" temporary lease " and added that it was with the understand-
ing the area was not to become commercial in the future . There
was a feeling among the people who lived in the area of oppos-
ition to industrial or commercial development of the Sanitary
OLand Fill Site .
However with the understanding that the lease and the use
were to be temporary and with the assurance of the owners that
they were planning to move when they had found a location ; the
residents went along to help out . The Attitude of the resident
s were reflected by Assemblyman Emmick at the April 1976
Assembly Meeting that approved the "temporary lease "
and use ( This lease is given with the understanding that the
property will NOT BE SOLD ) Please refer to the minutes of that
Assembly Meeting . The lease which was given at that time was a
Five year renewable .
In July 1977 the Borough adopted a Comprehensive Land Use
Plan that designated the area as Conservation and open public
1 space . This zoning was not objected to by the residents nor
`\J111
was it objected to by the holders of the lease , Timberline Inc
r"
page 3
So it appears from the record that the zoning was acceptable to
all the parties concerned ; the Borough , the local residents
, and the leasee Timberline
When the lease came up for renewal in 1981 there was much
opposition to the releasing of the property to Timberline Inc.
As a consequence the renewal of the lease was delayed for at
least six months before being approved by the Assembly . Timb-
-erline Inc through their represenative Mr. Ebell again stated
their intent that the lease was to be only a temporary one for
them and they had no plans to set up permanently . The Borough
had Timberline draw up a lease that would be acceptable and
would place their intention and desires in written form. It is
significant that the new lease is not a renewable lease as the
1976 lease was . The fact that the lease was drafted by Timb-
erline and it is not renewable is consistent with the corpora-
tions' representation to the Borough and the neighboring prop-
erty owners that they were only interested in a temporary place
to operate their business . Now half way through the lease ,( 2
1/2 vears later ) we are presentedwitha change in position by
Timberline Inc . they now wish to become a permanent facility .
In September of 1981 ; the same month as the lease renewal
the Borough defined the uses that were to be in the industrial
zone and the Borough ''-de §§17:24:010-0 now lists sawmills
exclusively as an industrial use . 'Timberline did not object
to this placing of sit -mills in the industrial zone . The next
summer 1982 the Ilorou It changed the priority of uses on Rural -
Residential zoned lam; ; the effect was to have persons build
houses before they built agricultural or fishing type buildings.
t
,1 0 0 0 2 0 1 3 4 3
page 4
^ The reason for placing this restriction was to stop the
\1 quasi -commercial use that was taking place by people building
gear shed and not using the land for primarily residential .
Another reason was that the Commission felt that the value of
the homes people had built would decrease if someone put all
�I their fishing gear on a lot to a home .
Now we have a request to have a permanent industrial use
next to a primarily residential area. The land that this
request concerns is zoned conservation which is the opposite
end of the zoning spectrum from industrial . My prime concern
as a property owner is the effect the proposed permanent indus-
trial use is going to have on the value of my home and property
I believe it is common knowledge that residential land right
r next to industrial land has the lowest value of all residential
-) land . This is rightly so because of increase hazzards of
crime and the high niose possibilities and dangers to health .
I believe that the value of my land will decrease and I don't
If'�I feel that I should have to bear the loss. Will the Borough
compensate the adjacent property owners for the loss in value
J
to their homes as a result of creating a permanent industrial
zone adjacent to the Island Vista Subdivision .
There are eleven lots that border the area proposed for
purchase which will be most directly affected by the change .
The average value of a parcel with house is $130,000 ; some a
lot more and some less and almost all the lots have houses .
�\ For a Home Owning individual this represents quite a bit of his
IiFes earnings . If you change the expectations of the property
owner ,who planned on a residential area by allowing this per
maopnt industrial use next door ; the value of his home would
r1
page 5
drop as much as 30% . If you add the loss that all the property
owners would take as a whole e 11�.30-130000=429000 ) you
come out with a sizable loss of under a half million dollars
for the property owners most affected . This figure becomes
even higher when you add the next tier of property owners who
are one lot or one block away . Is it fair to ask the home-
owner to bear this kind of loss when they bought their land
under a comprehensive plan which showed residential and conser-
vation and have intentions of living in the area for a long
time .
on the other side of the question you have a Corporation
requesting to purchase the land they have been leasing with the
public intention that they only were there temporarily while
they searched for a suitable location. The total value of the
Mill at least by the records of the assessor comes to around
$100,000 ( March 83 puts the replacement cost of the buildings
at $84,864 and I believe the value of the personal property
which includes the saw itself was $19,000 filed June 1983)
This does not include the value of the land as the land at the
present belongs to the citizens of the Borough and is under
lease .
Why does Timberline want the land ? This was similar to
the question asked of Mr. Ebell at the July work session by
Chairman Tim Hill. Thr� work session I refer to was a special
one held On the Mnnday afternoon before the regular July P&Z
Meeting . Mr. Ebell replied in essence that the bank. would not
loan Mr. Grothe arry monev on land that was under lease . IF Ire
could purchase the land then he would have an asset in his
portfollio and a better chance to get a loan Chairman Hill
1 0 0 0 2 0 I' A
page 6
' t6eiljask4rl if Timberline had any plans to expand their opera-
tions ? Mr. Ebell in essence replied that there were no plans
to eicpAnd'the operations of the mill.
art does not seem fair to me for the Borough to sell this
'•`iandAcy Timberline so that one of its officers can be in a
Better pdsition to get a loan.. Are we selling the Borough land
G on tire basis'of who can benifit the most by getting a loa
n I
sure hope not . It also does not seem fair to ask the residen-
tial neighbor who has more invested than the corporation does
'Po i4k-e a loss out.of his life savings so that a corporation
can`benifit. This seems especially unfair when Timberline has
consistently represented their temporary intentions . I would
hope the'decision would be not to sell so that the government
would protect the vastly greater investment of the homeowner
and taxpayer.
`!if'the Planning Commission is to recomend this particular
Piece _Of -land for sale it is first necessary to determine that
the laird is surplus to Borough needs . As I am unable to be
at the meeting and do not have a statement from the P&Z declar-
ing the land surplus ; I request that the Commission make this
determination.of whether the land is surplus of not . I also re
quest that the Commission state on the record what the factors
and the reasons are that have lead to the decision of declaring
the land surplus or not surplus.
Before offering the land for sale ; if the Commission has
n declared the land surplus ; did the Borough offer the land to
other Borough public entities ? was the land offered to the
School District for their future needs ? was the land offered
page 7
to the Mill Bay Fire District for their, future expansion ? Was
the land offered to the Monashka Bay Road Service District for
their future needs of a materials and storage site ? was the
Land offered to the Borough Parks and Recreation for their
future plans ? It would seem a shame to sell a piece of land t
that the citizens of the Borough have developed by a very wise
leasing arrangement and especially when these improvements have
been paid for by the citizens through a tax credit to the
leasee Timberline ; i.e. ( the Borough gives a tax credit of
$106,250 of the total value of the lease for 85,000 cu yards of
fill- this has deducted $10,000 worth of lease rental a year
from what the leasee should have paid ); only to find out a
couple of years down rile road that the school needs a school
site in the area or there is a necessity for a fire house
because of the increased residential housing in the area .
Without answers to these questions and perhaps a lot more con-
siderations I recomend that the Planning Commision NOT declare
this land surplus to Borough needs and thus not for sale at
this time .
Timberlines' request -ilist forsee industrial use of this
parcel of land and if that is the case the sale would not fit
into the present Borough%'omprehensive-Plan . The land is pres-
ently zoned Conservation If the land were put up for sale as
it is presently zoned nne could not operate a sawmill on the
land. The Borough is tira owner of the land and as such is the
owner of Lite Grandfathers Rights for a sawmill . But the
Borough does not own a sawmill: so when the tease ends as it
must before it is sold , the land loses its grandfather rights
1 0 0 0 2 0 I 3 2rtB
and reverts to the present zoning , conservation (agricultural)
Even if the borough were able by some sleight of the hand to
place the property for sale in a manner that gave no potential
purchaser an advantage or priority and yet at the same time
transfered the grandfather rights , the lucky purchaser would
not be able to expand the present operations with out an
adjustment in zoning or an exception . Mr. Tubbs seems to
point out the Zoning problem in.:his memorandum of October 11,
1983 concerning a modification to the present lease ; " this
area was not intended for industrial use and still has not been
rezoned ." So it would seem that if Timberline wished to
purchase for use as a sawmill or if the Borough wants to sell
the land for use as a sawmill it would be necessary for the
Borough to rezone the land to Industrial.
OState
Statutes
require
that
the
land be
sold
at
a public
auction .
The land
going to
the
high
bidder
but
the
sale cannot
be structured in any manner that will give one person an
advan-
tage over another . It would appear
that the fairest way
to put
the land up for sale in the required
neutral manner would
be to
{
JJJ
offer it as it is presently zoned or
to change the zoning
to
reflect the planned growth patterns
of the coqununity .
If the Borough decides that they
would like to offer
the
land For industrial use ,(sawmill), I oppose the rezoning as it
does not fit into the ;'umprehensive Plan . If the Borough is to
sell the land they should sell it in conformance with the Com-
prehensive Plan , (r_on-�ervation) . The result would be that who
ever purchased the laid would not be able continue or, create an
Oindustrial use
The Comprehensive Plan is a tool for the planning of the
page 9
communities' future needs . It gives property owners an under-
standing of the projected growth of an area of the community .
It allows the individual the stability to plan his future with
the future of the community . However times change and so does
the pattern of growth ; sometimes this change is radical , none
theless this change is required to be reflected in the Compre-
hensive Plan . The Borough Comprehensive Plan does not shw this
land , requested for sale by Timberline , as being industrial.
Sometimes a radical change in the Comprehensive Plan is
required but there are limits to changing the Comprehensive
Plan ; the change must reflect the needs of the community ; the
change must not be arbitrary or reflect the desire to benifit
an individual or private group and the change must show a
rational relation to the health safety , and welfare of the
community . A change that is for the benifit of an individual
or private group or corporation and at the same time is a de-
triment to the adjacent property owners is an invalid use of
the Planning Power entrusted to the local government by the
citizens . This is especially so if there are alternative
pieces of land that are presently available for the desired use
Does the Borough at present have industria'1 land that is
that is unoccupied ? The answer is ves ! This land was zoned as
a result of the lack of industrial land around the Kodiak Town
area . The land is loc:ii_ed on the nortwest side of the muni-
r_ipal airport . Timberline requested a "temporary lease " in
hopes it could locate -,me suitable land . I don't know if
Timberline has searchc for or found suitably zoned land for
their operation . In the seven years since the "temporar> lease
2 () 1 j p4e%110
was given the Borough has rezoned a sizeable piece of land in-
dustrial at the municipal airport . This seems to indicate that
the Borough has considered where they would like to have future
industrial development take place . It is interesting to note
that the Borough did not choose to designate the "temporary
lease " site of the sawmill as future industrial land use . In
this same period of time the Borough placed sawmills exclusive-
ly in the uses designated as industrial . These actions by the
Borough seem to present a consistent pattern with their state-
ments given at the time the original lease was given to
Timberline in 1976 ; i.e. the land was leased with the under-
standing that it was not to be sold and that the area was not
to become commercial . It is upon this consistency that I have
built my home and that the other property owners have purchased
Oand built on the adjacent land . To sell this land for perma-
nent industrial use would not reflect good use of the planning
powers but would seem to reflect an arbitrary and prejudicial
decision that would benifit one individual (Timberline) and at
the same time Force the neighboring home owners to bear a size-
) able financial loss . This seems especially arbitrary when the
home owners have relied on the present comprehensive plan and
the public statements of intentions of the Borough and Timb-
erline . This would nor be quite as arbitrary if theBboough had
not designated another site For industrial and that land is
presently unoccupied and will soon be available if -not already
available
O Other problems with the sale that concern me as a taxpayer
and a neighboring home owner are the safety hazzards that a
permanent industrial use will create at the present time . The
r"
page 11
safety hazzards are fire and police protection . A sawmill is a
high fire hazzard risk . The present existing mill is no excep-
tion . During the first couple of years of the lease there was
a fire at the mill . the building that burned was a total loss
Since that time there has been an accumulation of seven years
of sawdust and slab ends . These have been pushed over the hill
on the backside of the mill
where many sawmill fires start
It is in the sawdust and debris
At present there is a serious
fire hazzard and to sell this land as industrial will only
increase this hazzard I have doubts if the present fire fight
ing capability can put out such an industrial fire with out an
adequate water supply driving trucks back and forth to town
is probably not sufficient for an industrial fire . Perhaps
this is one of the reasons that the airport site was chosen as
future industrial and the lease was to be only temporary . I
certainly hope so . I would not want my home or any ones home
to burn because the government was trying to accomadate an
individual (corporation) and forgot to see if there was ade-
quate fire protection in case there was an industrial fire !
If the answer is that the fire district could up grade its
fire service to meet the industrial standard . My question as a
taxpayer is how much do I have to contribute in taxes to
upgrade the fire protection to benifit this individual (corpor-
ation) when at the present time the Borough has industrial land
that has adequate fire protection r_loser to town.
To create an industrial zone this far out of town at the pr
esent time would probably cause two more increases on my taxes
and a decrease in safety to the conuuunity . An industrial use
requires an increase in police protection . At present the city
.'
1 0
0 02
0 � 3
p4g0712
• police
department
comes out
to the sawmill at night ; on
occasion last summer I saw two police cars from the city at the
�) entrance to the sawmill at night . This is an added cost to the
city in safety and to the taxpayer in taxes The city has to
hire more police to cover a larger area or they have to cut
down on the service provided down town By selling the land
as industrail it seems that the concerns of governmental
economy would be overlooked as well as concerns of protection p
provided to the citizens safety
Having an industrial use that far out of town causes an
increase of industrial and commercial traffic on the road
This causes greater wear and tear on the road and as such it
will have to be repaired sooner . The more important concern is
that the road goes through three miles of residential area .
This area is increasing in density and to place an industrial
use at the far end creates a safety hazzard for the children
that live that live in the area . It is true that children
should not play in the road but the Fact of life is that they
do . I see no reason for increasing this hazzard by selling in-
dustrial land so far out of town especially when there is
presently industrial land available at the municipal airport .
For the reasons of good community planning , economy of
government services , fairness to the home owner who has relied
on good planning , and the health and safety concerns affecting
the residents and the community I as a resident of the affec-
ted area , a citizen and taxpayer of the Borough oppose the
sale of this land as industrial or For the industrial use as a
sawmill .
Respectfully
(� �� c It
SRN nee
" r
I
F
Kodiak, Alaska
2 ( RCEIVED Dan Ogg
APR 3 0198"1 49 Marmot Dr.
PM Monashka Bay
Kodiak Alaska
+,;sI�I1Q111�12�11218IfIg19
Dear Mayor and Member of the Borough Assembly
This letter is in resionse to the item on the May 3 1984
agenda concerning the possible surplus of Borough property known
as the "Temporary Sawmill Lease " in Monashka Bay . Having
received no notice of the item being considered by the Assembly
I am sorry that I can't supply the agenda # or Title Please
accept this as my testimony regarding the subject .
I am opposed to the Borough declaring the "Temporary Lease "
area surplus to Borough needs at this time I agree with the
position taken by the Planning and Zoning Commission at their
April 18 1984 meeting when they denied the request for sale of
sale of the property I certainly hope the Borough Assembly
follows the advise of the Commission in this matter and declares
the land not surplus
I would like to -include in whole by reference my testimony
before the P&Z Commission public hearing on the subject at the
April 18 1984 meeting as some of the reasons for my objections
to the proposed surplussing of the property at this time .
I am curious ifithe Borough is planning to surplus the
property as presently zoned (i.e. conservation ). If that is the
plan why is this particular piece chosen situated in the middle
of a conservation zone ? Why not a piece across the road or the
whole of the land fill site except for the dump ? It�would seem
that the citizens of Kodiak could use more 5 acre home sites as
is the allowed use on Conservation Zoned Land . Sawmills are
not a use in the Conservation Zone ; Sawmills are especially
listed in the Industrial Zone ( refer to Code §17.24.010-0 . It
would appear that if you are to declare the land surplus at this
time it would be as Conservation land .
If however the Borough wishs to surplus the land as
Industrial it would seem that the proper proceedure would be to
first to have the Comprehensive Plan reflect this use . The
Plan presently depicts the area as Conservation and it is
presently zoned Conservation . I oppose the change as their is
presently Borough Industrial Land open near the municipal
airport . It would seem more consistent with the growth pattern
n
laid 00t Dt n 'n
present ny the :ioAu& to keep the industrial in
close to town where the safety services of fire protection and
police could be provided in a more efficient manner . I urge the
Borough to follow their philosophy stated only a little while
back that they were to plan and develop in a more consistent
manner . I appears to me that the permanent sale of this land
for an industrial use would not be consistent with the Present
Borough Comprehensive Plan . It would change the whole nature
of the planned future development of the area as it exists today
and it would cause a great financial hardship to the present
home owners in the immediate area)who have invested their lives
and savings on the future depicted in the present Comprehensive
Plan .
The land that is in question was given to the Borough as an
economic asset . The Borough is to manage this land to benifit
all the citizens of the Borough . It would seem that the present
Temporary Lease arrangement is the most benificial use of the
land . We have received an annual rental of about $5000.00 and
an inprovement of the site to the tune of $100,000.0o . If the
land were appraised properly for the sawmill use on the land the
rental would be a lot higher . At, present the present leasee
gets the rental rate on a Conservation appraisel of the land .
It does not seem that the Citizens of the Borough will benifit
by the sale of the land . If it were sold then the Government
would not have a site developed for future public uses but would
of necessity have to develop a new one at taxpayers cost . So
with the present lease arrangement we citizens get a reduction
on our taxes and we get a future public function site developed
for nothing . What better benifit could the land be put to until
that day when the neighborhood finds a need for a fire station
or a school site .
TAME
I would urge the Borough to not surplus the land at this'! I
would also urge the Borough to place the Industrial land at the
airport up for auction and allow the leasee to fullfill their
initial desire when they originally "Temporarily Leased" the
site . (refer to original and renewal of lease , 1976 &1981 )
as ��iey
Thank You
�hN 0�U
i