Loading...
1973-12-06 Regular MeetingICODIAK ISLAND BOROUGH ASSEMBLY MEETING DECEMBER 6, 1973 I CALL TO ORDER The meeting was called to order by Presiding Officer, Mr. Charles Powell, at 7:30 P.M. in the courtroom of the State Office Building. II ROLL CALL PRESENT ABSENT Mr. C. Roos Wood, Mayor Mr. Charles Powell Mrs. Betty Wallin Mr. Dennis Nelson Mr. Howard Anderson Rr. Fred Brechan There were approximately twenty people in the audience. III MINUTES FROM THE PREVIOUS MEETING A. Assembly - Regular - November 1. 1973 - B. Assembly Special - November 5. 1971 - Mr. ) ielson moved that we accept the minutes of November let and November 5, 1973. Seconded by Mrs. Wallin. Motion passed by unanimous roll call vote. MINUTES PROM OTHER MEETINGS A. P&Z - Regular - November 21 197 - B. School Board - November 12th and November 26, 1971 - C. Governing GoverninsgBoard of the Mental Health Center - Mr. Powell entertained a motion that we accept the minutes as received. Mr. Anderson so moved to accept the minutes. Seconded by Mr. Brechan. Motion passed by unanimous roll call vote. V COMMUNICATIONS & CORRESPONDENCE A. Report on the Ouzinkie School Arbitration Hearing - Mr. Wilton T. White - Mr. White stated that at the request of the Borough Chairman, he attended arbitration hearings in Anchorage on the 26th and 27th of November. Attending the hearing was himself, Rolland Jones, Jim Rhodes, Borough Attorney, Northland Construction /Attorney and Architects /Attorney. A written report had to be presented to the arbitration panel. Mr. White felt that the matter had already been resolved before they arrived at the meeting, because of a written testimony presented by Mr. Jim Barr, Consulting Engineer for the Architect Firm. He felt that Mr. Barr's testimony was detrimental to the City of Ouzinkie and the Borough. Basically the arbitration was resolved as Mr. White felt on Mr. Barr's testimony. The following solutions were made (1) Water and Sewer lines will be placed in Right -of -Way (2) There will be a ten (10) foot separation between the water and lines (3) Requirement that the sewer will have straight lines running between the manholes (4) The contraotor will be required to bury the water line four (4) feet or insulate to the equivalent from the tree line to the school and in the area of the trees, he can leave it the way it is. Mr. White believes except for the water line, that the Borough did acheive sufficient action to make the line operational. He further stated that we received no support from the architect and we received detrimental comments from the consultant. Mr. White asked that Mr. Barr be removed as inspector from the job and he will be replaced by Mr John Chapman as inspector for the remainder of the Job. 0 • 2 n 1 1 KODIAK ISLAND BOROUGH ASSEMBLY MEETING PAGE 2 V COMMUNICATIONS & CORRESPONDENCE (continued) A.(continued) He stated that the contractor will receive *2000.00 leas because of the type of pipe he installed in the ground, which was cheaper than the contract called for. The cost of the arbitration will be borne by the Architects, arbitrator's d their contractor, Mr. Latta, Isexpect changes The the beginning of school next year. Mr. White did have some suggestions to make to the assembly on further construction 'Jobs that we might have. 1) He would suggest that we agree with the school board and have a wider latitude of architectural consultants. He suggests that we look elsewhere for an architectural firm and see if we like any better than the one we have; 2) He feels that we would have better recourse in the courts then at an arbitration hearing, because he felt that arbitration panels were teorestrictive, teowell refined, and are not capable of looking into the problems. He feels that we should not have people on the arbitration board comparable in profession to the people involved in the arbitration itself 3) He also felt that the standard architect contract that we receive before Jobs is not adequate enough and that it should be reviewed by the Borough Attorney. In all he felt we received very close to what we originally asked for. 8. Mr. Don E elus - Re ardin Bio -D and its Environment - Mr. Wood stated that he asked Mr. Egelus to come to the Borough Assembly meeting and present the problem about Bio -Dry. Mr. Egelus explained the process by-Which Bio -Dry works, ' processing cannery waste into animal food. Mr. Egelus stated that he received an abatement notice from a Mr. Robert F of Environmental Conservation to shut down within thirty days. He further stated that you can- not engineer, install and operate anything within thrrty (30) control the Isadore and t he wrote oan odor. stated letter to Max Brewer regarding this, He further stated that the Bio -Dry site was selected because of its remoteness and closeness to the industrial zone. Mr. Fred Street who deab with canneries was present if there were any questions. Mr. Anderson feels that we should write a good strong letter in support of the other letters written to Mr. Brewer. Mr. Powell stated that we can leave this up to the Borough Chairman. Mr. Egelus stated that the plant will be completed with odor control by December 31, 1974. Letter of Kodiak, requesting C. the Use of aChemical ToiletonthShocklev /Eufemioelotnandnalso of requesting that the Assembly grant S/E the use of a chemical toilet in their second house - Request from Mike Shockley also - Mr. Powell asked what happened to the other waste water.. Mr. Shockley stated that they have holding tanks that it into. Mr. Anderson moved that we grant the extension for chemical and the use of another chemical toilet on their second house to the same date as stated. Seconded by Mr. Brechan. Mr. Anderson amended his motion to read that March 1st. 1974, be the date of extension' with his second concurring. Motion passed by unanimous roll call vote. D. Letter from Dean Deater (Island Sand & Gravel) requesting to lease Parcel P-5, Tract 5, Borrow Site with Memo from Ray Hickman - Mr.Deater stated that he would backfill the area he ung.up with the Junk on the parcel, thus the ground would remain the same level. Mr. Hickman stated that the tide flood does come up in the area and we do have other Borrow Sites that Mr. Deater can apply for. Mr. Anderson felt that we should not lease this parcel for the junk or gravel to be removed. Mr. Anderson moved that we turn down this request and suggest that Mr. Deater look into another Borrow Site. Seconded by Mr. Nelson. Motion passed by unanimous roll call vote. 1 9 1 2 ( 7 e KODIAK ISLAND BOROUGH ASSEMBLY MEETING E. Letters Prins the Department of Revenue RE: 1974 Renewal of Retail and Beverage Dispensary License for the Harvester Inn (dba -Jim Fisk) and 1974 Renewal of Beverage Dispensary License for the Beachcombers Bar (dba -Henry LeGrue) - It was noted that the Harvester Inn was located inside the City limits. Mr. Brechan moved that the Assembly voice no objection to_ the license renewal of the Harvester Inn. Seconded by Mr. Nelson. Motion passed by unanimous roll call vote. Mr. Brechan moved that the Borough Assembly voice no objection to the renewal license of the Beachcombers Bar. Seconded by Mrs. Wallin. Mr. Wood stated that he had a memo from the State Troopers stating that the conditions have improved at the Beachcombers and they haven't had any incidents to speak of in the past several months. Mr. Wood noted that the sewer installation had been taken care of also. Mr. Bardot, owner of the Cove Trailer Park stated that they are still having a noise problem and that his attorney had advised him that they would not co- perate with him in controlling the problem. He would like the Borough to solicit the State Troopers recommendations on the problems. Mrs. Heitman asked about the fire hazard on the ship? Mr. Ray LeGrue, who runs the Beachcombers, stated that they have been remodeling the ship, that the fire department has come and inspected them to see if the met with the fire code (in which they did). He further stated that he does not let bottles out of the bar, they have ordered door closers to meet the fire regulations, boarded and carpeted around the windows, put in air conditioning and purchased a noise meter, to tell if the music is too loud. Mr. Roy Madsen, Attorney for the Beachcombers, stated that if this board did voice objection to this license, they should have specific facts along with their objection. He feels that this is the responsibility of the ABC board to perform the hearing prior to reissuance of their license. He also mentioned that you will find beer bottles all around the mall area and that Alaska as well as Kodiak is known as a drinking state. Mr. Anderson asked if we had received any recent complaints. Mr. Wood stated that the State Troopers had not received any complaints within the past few months. Mr. Nelson stated that the Beachcombers' was making an intensive effort to control the noise. Question being called for, motion passed by unanimous roll call vote. P. Letter from the Corps of Engineers Public Notice NPA 73 -143 - North Pacific Processors to construct dock extension and treated effluent discharge line at existing facility - It was noted that this was the old Point Chehalis cannery. Mr. Nelson moved that we voice no objection to the proposal. Seconded by Mr. Anderson. Motion passed by unanimous roll call vote. G. Letters from Okey Chandler requesting (1) Another census be taken by the U. S. Bureau of Commerce (2) Submitting names of attorneys for consideration of the Borough Assembly - Mr. Wood stated that the Borough Clerk has been corresponding with the Mat -Su Borough. They had just recently taken a census, which cost approximately *300.00. Mr. Chandler explained his reasons why we should have another census. He feels we should send a resolution to the director of Commerce. Mr. Powell stated we will write a letter to the Director of Census requesting a census and instruct the Borough Chairman to do so. Mr:Powell stated that the letter requesting the Borough to look into considering other lawyers will be taken under advisement. VI PUBLIC HEARINGS PAGE 3 A. Second Reading and Public Hearing on Ordinance 73 -23 -0 - Pensitting Beauty Shops in R -2 Zones - Mr. Nelson moved that we accept Ordinance 73 -23-0. Seconded by Mr. Brechan. Mr. Powell closed the regular meeting and opened the public hearing. There being no comments, he closed the public hearing and re- convened the regular meeting. Question being called for, motion passed by unanimous roll call vote. 1 ' 1 ? n , 7 P KODIAK ISLAND BOROUGH ASSEMBLY MEETING VI PUBLIC HEARINGS (continued) PAGE 4 B. Second Readi _ and Public Hearin on Ordinance -24-0 - Modif in Minimum Lot and Yard Re uirements for Unclassified Zones Mr. Brechan moved for ado tion of Ordinance _24_0. Seconded by Mr. Anderson. Mr. Powell closed the regular meeting and opened the public hearing. Mr. Nordgulen asked if this ordinance pertained to his subdivision. He stated that he is subdividing a lot and he would have a 100 foot frontage and Unclassified called for 120 foot frontage. He further stated that Mr. Ecklund told him to be present at this meetj.ng. He. as went Residential, tnot Unclassified h Residential. Mr. Hickman stated that he has asked Mr. Ecklund to give the Borough a price on the vacation of the lots owned by the Borough before the Borough can sell and vacate these lots. This will be brought up at the next meeting. Mr. T. T. Jackson stated that an acre lot is useless property for residency if you cannot build on it, which nowadays. is difficult according to EPA standards. Mr. White asked why there were different standards for 10,000 sq. ft. lot with public water and sewer in an unclassified zone and within the city it is 7200 sq. ft. Mr. Powell feels that we should have a grid system within a five mile radius of the Borough. He also objected to the 50 foot setback on a 40,000 sq. ft. lot. Mr. White stated that a sceptic system almost requires an acre of land and that a half an acre with just public water would probably not be enough for a sceptic system. Mr. Anderson felt that we should change our lot width and depth requirements. Mrs. Gellis statedthat the area P &Z was concerned about was the Spruce Cape, Island Lake and the Monashka Bay area. She further stated that she would like to see some suggestions come back to the P &Z Commission and they could go from there. Mr. Powell closed the public hearing and reconvened the regular meeting. Mr. Powell recommended that the Assembly vote this ordinance down and address ourselves to the P &Z Commission with a joint worksession. Mr. Wood stated that he was planning to have a work session with them in January. Question being called for, motion failed by unanimous roll call vote. VII OLD BUSINESS A. Review and Disposition of Ordinance 73 -5 -0 - Electing Regulartory Powers for Water Pollution Control in an Area Outside the City of Kodiak and Authority to Provide Public Facilities and Services - Mr. Powell asked the Borough Chairman to research this and see if it needs to come back to the Borough Assembly, because he felt we had passed a resolutinn resolving this matter. Mr. Jackson stated that he would like to say something on this ordinance. He stated that there were some lots in U. 3. Survey 3099 and U. 3. Survey 3233 that he was servicing the road too and that water does not service some of these lots. He feels that the Borough is responsible of main- taining these roads on these lots. Mr. Nelson stated that we do have some money that comes in from Revenue Sharing, but where should we spend the money, on the Bells Flats Road System, the Island Road System or Spruce Cape. You need a priority for this type of thing. Under Local Service Roads Program year a three priority must be set in order to update our roads. The Assembly directed the Clerk to review the background on this Ordinance to determine if it was needed for the City's sewer plan. B. Discussion of Ordinances Relating to the Composition of the Borough Assembly - Mr. Wood read the recommendations from the Borough Attorney, in which he recommends that we reapportion in the manner we think is the best. Mr. Wood feels we should redistrict, but before we do this a census needs to be taken. Mr. Brechan stated that we should take a census outside the City, L.. • • ') ) it fl 1 3 KODIAK ISLAND BOROUGH ASSEMBLY MEETING PAGE 5 VII OLD BUSINESS (continued) B. Mr. Powell felt that we should - have a cost item on a census. He also stated that quite a bit of money comes through Shared Revenue in accordance with our population figures. He felt that if a census was taken by the Borough it should be so that it will be recognized by the State and Federal Government. This will be taken care by the Borough Administration and brought back to the assembly. C. Pro osal of Periodic Visits from the Audit Firm - Mrs.Holt stated that they will be coming over on non scheduled visits Mr. Andersnn asked how many trips are we talking about? Mrs. Holt stated that they would be probably coming in once a quarter. Mr. Wood stated that since we have made some changes in the office staff, that they come once more and see if we need quarterly visits.: The visits should be included in the total audit package, this would be saving money. Mr. Brechan moved that we acce•t Mr. Wood's su_.estion for the auditin• firm to come ba.c at least once more and ins ect the books and ive his recommendation. Seconded by Mr. Nelson. Motion assed b unanimous roll call VIII NEW BUSINESS A. First Readin• of Ordinance -2 -0 - Amendin• the Provisions of Sub Chaster 1 Chaster of th Barouah Borrow SitesVLL the Re uirements Relatin to first reading of Ordinance 73 -25-0. Seconded Mr Brechan. a rove the Mr• o� well had a question on the forty foot Right -of -Way from the centerline of the Road, which Mr. Hickman stated that there would still be enough area. Motion passed by unanimous roll c alo B. First Readin of Ordinance -26 -0 - Rezonin the Tolbert Subdivision Oceanview Subdivision and Leite Addition, Blocks through from R -1 to R is the recommended area that P &Z changed. F4r.tPowelltnoted that Tolbert Subdivision falls on the other side of Spruce Street. We should strike this and the Oceanview Subdivision and just have Blocks 5 through 8, excluding Lots 1, 2, 25 and 26 of Block 7, Leite Addition, as they are on the other side of Spruce Street. Mr. Brechan moved for ado tion of Ordinance - - in the irat reading with the recommended changes. Seconded by Mr. Nelson. M o t ' on eased by unanimous roll call vote. C. Re D e- olution • • • -R - Settin o r ' u•• emental Real and re an moved tion Due Dates and Delin ert a xes rsona Pr r• n•erson. Motion passed by unanimous roll call vot e� ded D. Resolution 8 - - Settin H .' • o •ua for ado • Lr n th erson move. or a cone b M r Brechan ea 1 v ote. u the 1 Su•• lemental ization Date Janua 1 th and 1 royal o eso ution Motion p assed b unanimous roll uent R. Determine the 1974 Population figures for the Purpose of Alaska Munici al Lea ue Dues - The figure we have presently a opts is ,g 5, which Ss the figure we used last Mr. Nelson moved that we use the same figures for Municipal League Dues which is 6 9b5 Seconded by Mr. Anderson. , l otion n eased by unanimous roll call vote. 0 ,2 IX CHAIRMAN'S COMMENTS 1 0 1 5 n KODIAK ISLAND BOROUGH ASSEMBLY MEETING DECEMBER 6, 1973 PAGE 6 VIII NEW BUSINESS (continued) F. Ratification of Board of Appeals for the Building Code - Mr. Wood stated that he has requested five people to be on the board, three of them have accepted. They are Mr. Art Johnson, Mr. Robert Spencer, and Mr. Art Hors. Mr. B111 German and Mr.Louis Schneider have also been asked, but have not answered our request. Mr. Anderson feels we should have an unbiased citizen on the committee also. He feels that experienced con- tractors are influential on this board. Mr. Powell suggested that we permit the Borough Chairman to adopt a seven man board. Mr. Anderson so moved. Seconded by Mrs. Wallin. Motion passed by unanimous roll call vote. A. Kodiak Western Airlines - Mr. Wood stated that he had met with Dick Sims on selling the property on which the Kodiak Western Airlines hanger is situated. They sent a letter to the Borough offering a sum of $20,000. We have received two appraisals previously, one from a Mr. Black in Anchorage and ore from Mr. Hickman, the Borough appraiser. Mr. Black's appraisal was $63,500.00 and Mr. Hickman's appraisal was $33,375. Kodiak Western has been paying the taxes on the building, but not on the lot. Mr. Sims stated that the Anchorage appraiser stated that the lot was serviced with City sewer and water, which it is not. Mr. Nelson asked Mr. Hickman if he had any recommendations on this; he did not. Mr. Anderson moved that we accept Kodiak Western Airlines proposal of $20,000.00. Seconded by Mr. Brechan. Mr. Nelson asked if the 6% figure for interest was right. Mr. Hickman stated that the Borough's interest on land sales is 6% as stated in the Land Sales ordinance. Mr. Brechan thought we should change the ordinance on interest and update it. Mr. Powell stated that we should put this on the next agenda. Mr. Nelson felt we should give this back to the Land Management Director for his recommendation. Mr. Hickman explained that he appraised the unimproved land at $16,000.00 and Kodiak Western's Airlines' bid of $20,000 for the unimproved land exceeds this figure. The other improvements they put on there themselves at their expense. Question being called for motion passed on the following roll call vote Mr. Nelson - NO, Mrs. Wallin •- YES, Mr. Powell - YES, Mr. Anderson - YES, and Mr. Brechan - YES. B. Legislative Committee -Mr. Wood stated that he would like tb set up a Legislative Committee. He feels that there is a lack of legislation and that we should have acommittee to review the legislative proposal and send in our comments. He .asked the Assembly if he could appoint a committee. The Assembly concurred. The reports will come to the assembly also. C. Mr. Wood has received resolutions opposing the sale of land in the Ouzinkie,&Port Lions from Koniag and the Natives of Koniag Inc. D. Bells Flats Land Sale - We have received information that the attorney's fees on the Bells Flats Land Sale litigation have been awarded to the Borough. KANA has been so notified. E. Felton Construction Lease Agreement- Mr. Wood stated that the Borough has made an agreement with Felton Construction to lease Block 39, East Addition for the sum of $150.00 per month. Mr. Brechan felt that we should let Felton put their maintenance shop on the ground he rents for his equipment, it was noted that Greene Construction had done the same elsewhere and torn their's down afterwards. Mr. Anderson stated that he tress no objection and that everything should be centralized in one area. Mr. Wood stated that we will include this in the agreement. 1 't 1 1 1 1 5 ? KODIAK ISLAND BOROUGH ASSEMBLY MEETING DECEMBER 6, 1973 PAGE 7 F. Monthly Reports - Mr. Powell had some question on the over expenditures. He feels that the Borough Assembly should know of any over expenditure and approve of them. Mr. Nelson would like to comment on the office staff's promptness on updating the reports. X ASSEMBLY COMMENTS Mrs. Wallin stated that the U. S. Government has awarded the City of Ouzinkie their land within the selection, which happens to be tentatively approved belonging to the Borough and includes the Bells Flats area. She also stated that the 314 -b Agency is set up by the Borough; so when they have meetings, do they go to the Borough for funds for the people traveling from the villages. Mrs. Holt noted that organization was set up by the State and that they only gave the Borough money for one meeting and the rest would have to come locally. Mr. Nelson asked that the Borough direct the School Administration to submit a bid on the painting of the new high school. Mr. Wood stated that the school would have to the painting at their own expense. Mr. Powell stated that the Borough would probably have to come up with a supplemental budget. And we would take it up then. Mr. Nelson was upset with the dormitory proposal in which they stated that the prime function of the proposal was to make maximum utilization of the facilities for an educational purpose. Mr. Brechan stated that we should write them a letter telling them to rescind their proposal to the State in view of the prcpcsal the Kodiak Island Borough has already submitted. Mr. Nelson would like to request that the agenda be closed ±cwn early enough so they would get all the information in one packet The assembly concurred that the deadline for submitting ite -s f;r placement on the agenda will be 12:00 noon Tuesday prior to he meeting. XII AUDIENCE COMMENTS Mr. Deater asked how are we selling land to Kodiak Western A1r:lnes without putting it up for bid. Mr. Powell answered his question stating this was an agreement made after the earthquake and J,st a finalization of that agreement. Mr. Deater also stated that when Bio -Dry first came they adverttted that they would be perfectly odorless. Are they going to live up to their obligations. Mr .Nelson stated that they are tryl -q to resolve their problems. XIII ADJOURNMENT The meeting was adjourned at 11:45 P.M. ATTEST:. APPROVED: y! f �� • d7o—a4L (.0 c— { I � N orma L. Holt C. Ross Wood Borough Clerk Borough Mayor