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1974-04-04 Regular Meeting7 0 1 1 1 rt 1 0 7 n. KODIAK ISLAND "GROUSE ASSAM'S/ MARINA APRIL 4, 1974 I CALL TO ORDER The meeting was calls! to Order by Bapssy Presidia, Officer, Mr. Dennis Nelson at 700 p.a. i0 the tloeretOoa 01 the Stfte Office Building, Kodiak, Alaska. Mr. Mellon introdloed the Borough Attorney, Mr, Robert Mahoney and the Assemblymen to the audience. SI ROLL CALL PRESENT NV. C. Boss wood, Borough Mayor Mr. Charles Powell, fon vacation) Mr. Bennis Nelson, Deputy Presiding Officer Mr, Howard Anderson (late arrival) Mr. Fred Brechan Mrs. Betty Wallin. Thera were approximately fifty people in its audjetse lf.I nieg1'!d PEON PREVIOUS MEETING A. Assembly Special B. Assembly - Regular C. Assembly - Spacial C. Letter from Jaycees stated that the Beretta s request. Settee was - read, - that the.BorOu o s ; on • own as ABSENT - March 1 1974 - March 7 1974 - March 7s, 1974 Fa rounds at Bells Flats. 8 passe uataa us ro call re IV MINUTES FROM OTHER MEETINGS A. School Board - March 11, 1374 - Mrs. Wallin saved that we accept the School Board minutes of March 11, 1974. Seconded by Mr. Brechan. Motion passed by unanimous roll calms- VO COMMRBRCATIONS a CORRESPONDENCE A. Mr. Forrest Walls,- First Reading of Ordinance 74 -18 -0 - Authorisinq the Issuance end Sala of General Obligations Refunding Bonds 1974, $4,000,000 - Letter read by Mr. Nelson and description of Ordinance. Mrs. Wallin staved that we a rdi ccept Onance 74 -18 -0 in the first reading Mr. rec . Ne son exp the reason few and why. Mr. Wood stated that the Ordinance suet be before the 1st of May and ready for signature. OD bee est up d special meeting for the 18th, for•tbs messed media, 04 public hearing. Motion passed by unanimous roll oa11 wee Mr. Nelson stated that copies of this ordinance age aysila at anytime in the Borough Office. a see • B. Latter from the Corps of engineers + ) Fill for the Instillation or a Water ale am and Construction of An Woad Bi y t " Mr. Brach= stated t h a t this f o b had a� teat this was just a matter of formality. Mr. meiset { motion of approval. Mr. Brschan s0 moved. S Mrs. Wa Motion Daa-m-nreron call vote. ism New. wood - vsl.3i. *is 7 .! YN Loved 1 1 1 1 . 's/ i 1 7 9 � zau an aonoUOn ASSEMBLY MEETING 1/1.1 i, 1974 PAGE 2 s Hickman er tint oc Lot Lot D. Latter from John Pu h 6 Memo from Purc• -se o A or ort on o t S ze Re u cements Os recomaen at o .. v e onto Meet Lot er o Mr. H c. fha whole lot. Mx. pug state a h he b to the were oodepecomm ded would like to buy. that 1 turn it over hoed that the ckma et hull be a Mr. Wood re rec Mr. Ra H ckman an Secon a ement D rectos M Brea an so mov -• roll c - a njptat e sa a `a Mr. Mot u4 assed b the follow - YES al ° °n - YES Wa 1 n 0 M pn arson. Mrs. Mt. Ne son - NO Mr. Hrechan An•e 6 VI PUBLIC HEARINGS Ordinance 74 -6-0 - Public Hearing on � 0 the Second Reading and T " � =a s on of A. Seto or a� ova t s..- er so n . Collins ro gg _ _ $a op n e arinq. Mir doss stated snce er c mp oPen not been that the ss raga as mee sitlon, it has no further he Bo ough under pate e. Mr. Nelson Ns. Nelson the the Borough npiipate a ngenin the future. C. Nelson stated that B anticipates a h was process of Hr. that this din Borough wan t o the P 1 ah wpa Kozak stet this ordinance was a matter of housekeeping. an w Sao stated clthat the laiinned. paying ryon Shaffo d the 3 compensation, would it be paid to any patao°e not clearly Mr. Nelson stated that it is th Part B,_ under C o f Kodiak, the villages. . Mr' Chandler livens outside of en living in paid and stated for Assemblymen at assemblymen should not be gain• stated that y feels that for the aid' era will be running will not be P that elson stated ted that the Present member Chandler responded on Nelson w em�ars that succeed the About new ones• that the new should the intent new to cones the sees ll reason that sho Ve M t is the ated About c er the that b hior stated that isn't Mss. Springhill effects tion for comp lie tics !oc ether romhetpees. This r. Nelson cle he s tat e d for the d the regular meeting. Building stated' that ►n and reconvened the the Kodiak Municipal hearing and on the same Page' be that ed Page 3 disk Borough Building" th to "local Past"' changed Paragraph , "K BO Mirror" should be chang name c p a• The assem l members voiced no objection to t IInia a roll call s t onn bbeing called for, motion g b un v ,ells Atari B. Second Reading and on Ordinan l oy .ela s ens of spvd vo te. p, S. a act enact t leg er.msltin9 Balsam yea' the e ws ease eSted _te t Mr. Mr. Ne son c di sug4 . WOW. r • B c hearing. Mr. Ante yr did not receive full. since everyone closed ordinances no other comments' Mr. Nelson hearing being meeting.. ice •to haarin4 and reconvened the rsqulnr unanimous roll call vote. Ce 74 °10° C. Second Reedin• and Public Hearin- 014,0r T • C i1 - a n , • o '3s on w Aat s . Hos to - MIS• area %°V aeon Z• Is an• n ar meeting and - , acee•t 0 • ice Ne son c osa' no re ar et closed t. wad Mr, roc an. Mr' T ere regular meeting. e P c ear g in the ordinance eatig. the loan public hearing and heconvenes the time bait beset. had a question e rpay bl where it days, this repayable in 90 days' believed this was an eas would be rep Y that she be repayable Claire stated stated that a t repaya le Sister Ordinance an d it was effective . Mr. Nelson ninety days not in this ce. Be also stated that th in this amount pt n o their loan. ,. «n had to be put __« as oai8 back almost all of MO us roll e _ _.,,, by unanimo� 1 0 1 1 2 0 1 3 0 ROMAN ISLAND BOROUGH ASSEMBLY MEETING APRIL 4, 1974 PAGE 3 D. second Reading and Public Hearing on Ordinance 74 -11 -0 - Relatigq to the Publications of Notices of Expiration of Redemption of foreclosed Properties for Non - Payment of Taxes - Mr. lrechan moved for adoption of Ordinance 74 -11 -0. Seconded by Mr. Anderson. Mr. Nelson closed the regular meeting — opened the public hearing. Mrs. Arndt stated that before you had one year to pay before it was publicized. The Borough Attorney stated that this relates to the period of publications for notice of redemption conforming with statutes. Mr. Chandler believes this is confiscation. Mr. Leggat asked how long is a person arrears before this action takes place. Mr. Nelson stated that the Borough Clerk was not present, who was familiar with the ordinances and the Borough Attorney did not know the answer. He asked if anyone in the Audience could answer the question. Mr. Collins stated he did not know the answer but has this got something to do with the constitution taking property by confiscation. The Borough Attorney stated what we are considering here was the Bale of property for non - payment of taxes. Mr. Collins asked about residue. Mr. Mahoney stated the residue goes back to the property owner plus proceeds over and above sale price, plus cost and whatever else. Mr. Nelson closed the public hearing and reconvened the regular meeting. Mrs. Wallin moved to make an amendment to the motion to table passage of this ordinance until we have a question on what length of time the redemption period was until the next Borough Assembly meeting. Seconded by Mr. Anderson. Motion passed by unanimous roll call vote. The Borough Attorney stated that the redemption period was one year. E. Second Reading and Public Hearin. on Ordinance 74 -12 -0 - Relating to the Collection of Personal Property Taxes and Enforcement of Tax Liens - Mr. Brechan moved for adoption of Ordinance 74 -12 -0. Seconded by Mr. Anderson. Mr. Nelson closed the regular meeting and opened the public hearing. Mrs. Arndt asked how much penalty and interest was? Mr. Nelson stated that the Penalty and Interest are laid out in separate sections of the Code. He further stated that he believed that it was 8 %. The Borough Attorney stated that this relates to specific problems suggested or requested by Book Publishing prior to codification of our code for;:. some areas that did not comply with the State statutes or not adequate enough for some of the fields in our ordinances and in this case the notice periods did not comply with the State Statutes. This is why we did not relate to the sections dealing with penalty and interest and it is spelled out in the code of ordinances. ' It was noted that this ordinance only refers to personal property. Mr. Leggat stated that there is no provision to refund any portion of the sale price in excess of the amount realized to satisfy the tax, penalty, and interest in price for sale. He further stated that this only affects personal property, but if anything like this came up for land, he would like to_.see some revision put in. The Borough Attorney stated there is no provision by statute or ordinance to refund excess of sale for property owners. After the redemption period, the property is deeded to the Borough and the borough may dedicate it :for public or it may be sold. Mr. Chandler feels we should not charge a penalty. Mr. Bischoff feels there should be a limitation on hoQ'much you can be taxed on personal property. Mr. Nelson stated there is a slight limitation on the amount of taxes. Mr. Nelson closed the public hearing and reconvened the regular meeting. Motion passed by unanimous roll call vote. ) 0 1 11 1 1 1 • KODIAK ISLAND BOROUGH ASSEMBLY MEETING PAGE 4 APRIL 4, 1974 F. Second Reading and Public Hearing on Ordinance 74 -13 -0 - Clarifyinq Qualifications of Agents to Bid for Lease or Purchase of Real Property - Mr. Anderson moved for approval of Ordinance 79 -13 -0. Seconded by Mrs. Wallin. Mr. Nelson closed the regular meeting, and opened the public hearing. There being no comments, he closed the public hearing and re- convened the regular meeting. Motion passed by unanimous roll call vote. Mr. Wood asked the Borough Attorney to explain codification. Mr. Mahoney stated that it is a combination of all the ordinances adopted by the Borough codified by serial number, as the Borough Clerk does it. The ordinances that have criminal penalties have to be in a form that can be made available and reviewed. Book Publishing's role is to take the Code, review it, come up with all the provisions that are no longer good law, those that are unconstitutional, provisions that conflict with the state statutes, these changes have to be done by ordinance of the assembly, any additional changes they make as far as arrangements of material, they do on their own. Mr. Wood stated the reason for so many ordinances is because of the deadline we have to meet. Mr. Nelson declared a five miuute recess. G. Second Reading and Public Hearing on Ordinance 74 -14 -0 - Regulating Excavation of - Mr. Brechan moved for adoption of Ordinance 74 -14 -0. Seconded by :ors. Wallin. Mr. Nelson closed the regular meeting and opened the public hearing. Mr. Bryon Shafford stated that under Section i (iii) he doesn't see why any state or municipal agency should give a special license for anybody to remove stumps or non organic material. Mr. John Hangstefer stated he feels it makes it very restrictive with the surety bond. Mr. Chandler stated that instead of getting a deed for the property you will have to get a restrictive deed. He feels a man should be able to do anything he wants with his property. Mr. Nelson stated the audience should direct themselves to the entire Borough instead of a specific problem. Mr. Leggat stated he would like some comments from the assembly before he made any comments on why they need this ordinance and how it came about. Mn Mahoney stated that he is not sure that the assembly has decided what they do need. This is why they are trying to decide tonight. He gave the background on how this ordinance came about, because of concern of the Island Lake residents. Mrs. Arndt asked the Borough Assembly how many of them owned real property? She further stated that owning most of the property along Island Lake, she was strongly against this ordinance. Mrs. Sandy Kavanaugh stated that when someone else spoke to this ordinance, Mr. Nelson made a comment to direct themselves to the entire Borough not a specific problem. and that in Section 2, it does not bring in the entire Borough, it brings in one or two people, not for the good of the Borough, but for the good of a few people. Mr. Lloyd Benton voiced his objection to this ordinance. He feels we are dictating to people what they can do with their own property and that it would do serious damage to property owners. Mr. Ben ardinger asked Mr. Hangstefer to explain his statement about this feasibility of people to build. Mr. Hangstefer stated that it was up to the discretion of Planning and Zoning and the Borough Assembly that they deem it possible to have a person put up a surety bond for the value of a permit taken out for building oft their property aim tibia is very hard. 4 �l 1 1 2 0 1 9 n RODIA= ISLAND BOROUGH ASSEMBLY MEETING PAGE 5 APRIL 4, 1974 Mr. Mahoney stated that he was confronted with the same problem and he called up Clary Pioneer, and talked with Mr. Rubald who stated that this type of Bond would be a Restoration Bond and these are impossible to get since the environmentalists have been in action. Mr. Oswald stated that in Section 2, how many people are we talking about, that are excavating at this particular time? Mr. Hangstefer stated there are two doing major excavations. Mr. Louis Schneider stated that this ordinance cams.a they are trying to keep an industrial venture. from moving into a residential area and removing thousands of yards of material, completely changing the terrain, of which they bought or live near. He further stated that there are no provisions that they are going to keep it residential. He also feels it will enttsla other property owners to excavate because rock is now more valuable than the cost of land. Mr. Nelson rescinded his statement on directing this ordinance to the entire borough, and that in Section 2, it does pertain to a specific problem. Mr. Hal Lincoln feels that this ordinance is trying to control the amount of excavation before it is done. Mr. Leggat felt that the intention of the ordinance is not quite clear. Mr. Mil Zahn supporffi this ordinance because there 1s no other protection. Mr. Large felt that surety bonds were not available to layman. Mr. Collins stated that the Borough Attorney should help the Planning & Zoning commission increase their legal base with these problems. He further believes that the first section is fine, but Section B, should be deleted entirely. Mr. Shafford concurs with Mr. Schneider and Mr. Collins. Mr. Groth stated he feels that any person wanting tc:do anything with their property and with the length of time it takes to go through the the Borough will increase the cost of doing with a piece of propert He also felt that Section 2, was personal and that how can we pass a law after the fact. Mr. Jon Lester voiced his objection to this ordinance also. Mrs. McBride stated that most of the WOO explained can come and go, we were talking about something permenant. Mrs. Szabo stated that she is in favor of the ordinance, but the word unclassified should be added and that residential zoned lots should look like residential land. She also asked abagt Ms. Brechan voting with financial interest. Mr. Nelson stag that an officer or employee shall abstain from voting if finsn$illy involved. The Borough Attorney stated that if the offices feels he has substantial financial interest, it is up tc him whether or not he votes. Mr. Zahn stated that in the statutes it states he "shall" disqualify himself if financially involved. Mr. Grothe asked`tta Borough Attorney to read the additional uses. Mr. Mahoney did NO. Mr. Shafford stated that in Section 2, this does not necessarily stop him from his actions it only imposes the necessity of applying for a permit. Mr. Ardinger asked if he was correct in listening to Mr. Mahoney's sot-ding of uses, that he did not hear anything about a rock quarry. Mr. Mahoney stated that the only thing that might apply would be the use under Natural Resources. Mr. Oswald asked if there was a restriction for a two to one slope. Mr. Hangstefer stated that there was a restricted slope of two to one. Mr. McBride asked if there was any protection for a person who wants to live out in the trees, can the Borough stop excavation next to his property. Mr. Nntsnn stated. we can not. Mr. Bischoff feels that the surety bond not be required. Mr. Ardinger stated that a person wanting to build a $60,000 home could not come up with a $60,000 surety bond also. He suggests that we table this ordinance. Mr.Schneider stated that it would be a special use beyond the home owner. Mr. Ardinger stated that it should be 'stated in the ordinance that it doss not apply to a hose owner. Mr. Lorne White asked what happens to a person if he does not follow up with his intent. Dr. Eufemio feels that the borrow Sites and gravel pits should be located in one area and residential areas located together. Mr. Bishcoff feels if the ordinance is passed it will cost the taxpayers and restrict and /or haft_ the development of the outlying areas of the town. Mr. Oswald feels that it is up to the property owner what he wants to do with his land. Dr. Eufemio feels that it should be limited to what people want to do with their land. this is what P &Z is all about. KODIAR ISLAND BOROUGH ASSEMBLY MEETING PAGE 6 APRIL 4, 1974 Mrs. Gellis asked if this could happen in an R -1 or R -2 area. It was noted that it could have happened in any area. Mr. Collins urges the Borough to pass this ordinance. Mr. Frost gave an example of a situation of planning. M:. Nelson closed the public hearing and reconvened the regular meeting. There was a ten minute recess at 10:30 p.m. Mr. Anderson feels bcth sides have brought out some interesting points on this ordinance. He thinks there is all kinds of both good and bad. Mrs. Wallin feels there is a lot of room for improvement and that we either pass an emergency ordinance or give this back to the P&Z Commission for change. Mr. Brechan stated that this ordinance as written leaves the outlying areas with absolutely an unworkable situation and this ordinance as written leaves tm much controversy as to its true intent. Mr. Anderson amended the motion that the Borough Assembly refer this ordinance back to the Planning and Zoning Commission to research the present ordinance to see what we have now and come up with a recommendation to either redo this ordinance or write a new one to especially protect the residential area. Mr. Nelson stated that this was a substitute motion. Seconded by Mrs. Wallin. Mrs. Wallin asked the Borough Attorney if there was something we can do in the meantime. He stated there was not. Question being called for, motion passed by the following roll call vote: Mr. Brechan - ABSTAINED, Mr. Anderson - YES, Mrs. Wallin - YES, Mr. Nelson - YES. Mr. Wood suggested that the Borough Attorney meet with the Planning and Zoning Commission to let them know what direction they should go in. Also a meeting between the Borough Assembly and P&Z should be set up also, so both sides could see their views. H. Second Reading and Public Hearing on Ordinance 74 -16 -0 - Regulatinq the Disposition of Tree Stumps and Associated Organic Materials - Mr. Brechan moved for adoption of Ordinance 74 -16 -0. Secoon sd yy Mr. Anderson. Mr. Nelson closed the regular meeting and opened the public hearing. Mr. Large was opposed to the bond issuing permit. Mr. Chandler feels that people should be able to clear their lot when they want to. He is against this ordinance. Mr. Leggat is in favor of this ordinance and he recommends to the commission that under Section "R ", the words "originated on the lot" be reinstated. Also a size limit be put in. Mr. Grothe stated that when you cut a tree it creates a stump, and that this ordinance requires the person to get rid of the stump, he does not favor this ordinance. Mr. Bischoff objected to this ordinance also. Dr. Eufemio thinks that this should go back to the P&Z Commission and be redone. Mrs. Arndt feels that this ordinance should not pass. Mr. Lincoln asked if an emergency ordinance could be adopted to curtail the present excavation until the solution is resolved. Mr. Mahoney stated that obviously we have a problem with the prohibition of adopting an emergency ordinance. Mr. McBride stated that if a person takes out a corporate surety bond and does not do what the Borough want. then the Borough has to take him to court and this is a tax burden to the citizens. Mr. Mahoney stated you have to convict them first. Mr. Grothe stated that this ordinance should be more loose'.n where you can cover the stumps and that surety bonds are very expensive to get. Mr. Szabo asked if the Borough had the power to levy fines? Mr. Mahoney responded that we did not have the power to levy fines. Mr. Oswald stated that we should look further into this ordinance before it is passed. Mr.Nelson closed the public hearing and reconvened the regular meeting. Mr. Anderson made a substitute motion referring this back to the Planning and Zoning Commission for some more work. Seconded by Mrs. Wallin. Motion passed by unanimous roll call vote. 1 7 1 2 n i 9 4 IQ:OIAE ISLAND BOROUGH ASSSIDLY MEETING PAGE 7 APRIL 4, 1974 VII OLD BUSINESS A. Participate with the City of Kodiak on a 50% Basis of Census - Mr. mood stated that the approximate cost would be $5,000. He further stated that the City Council passed a motion to participate on a 50% basis with the Borough and we should do the same. Mr. Anderson moved that we participate with the City of Kodiak on a 50/50 basis of a maximum of $2,500 Seconded by Mr. Brechan. Motion passed by unanimous roll call vote. VIII NEW BUSINESS A. Resolution 74 -19 -R - Setting Date for the 1974 Board of Equalization Hearings - Mr. Wood stated that the date for this hearing is set for May 14th at 7:30 p.m.. Mr. Brechan moved for adoption of Resolution 74 -19 -R. Seconded by Mrs. Wallin. Motion passed by unanimous roll call vote. B. First Reading of Ordinance 74 -17 -0 - Rezoning of Lot 1, Block 3, Allman Addition from R -1 to R -3, William Robertson - Mrs. Wallin moved that we accept Ordinance 74 -17 -0 in the first reading. Seconded by Mr. Anderson. Motion passed by unanimous roll call vote. C. February Monthly Report - No comments IX CHAIRMAN'S COMMENTS Mr. Wood stated that on the 18th, the special meeting will be held in the new Borough Building and the School Budget will be discussed. Mr. Wood also stated that he, Rolland Jones and Mr, Ray Hickman have been scouting for gravel pits for the Kodiak Borough. One area they have found is located directly behind the municipal airport. This also might be a place where you can dump stumps also. This area is in a location that is not fer out of town, At the present they are not able to get back to this area to see if it is suitable. He also commended the audience for being so interested in Borough Business. X ASSEMBLY COMMENTS Mrs. Wallin also commended the people on being present at the meeting. XI AUDIENCE COMMENTS Mr. Szabo feels the building code should be enforced better. Does the Borough plan to enforce rules and building codes for Island Lake project? Mr. Wood stated that he would have to agree with Mr. Szabo that the Borough has been very lax. He further stated that the Borough has only fined one person during his term as assemblyman and mayor. Mr. Lincoln stated that the laws were too permissive. Mr. Nelson asked if part of the Building Inspector's duties was to recommend fines. Mr. Wood stated it was up to the assembly what the fines should 'be. Mr. Anderson stated that the assembly only acts on complaints submitted to the Borough Assembly. Mr. Grothe remarked about the bad sewer problem in the Island Lake area. Mr. Nelson stated that be should write a letter to the Assembly or B:i lding inspector on the sewer problem. XII ADJOURNMENT The meeting was adjourned at 11:40 p.m. ATTEST: , -// APPROVED: