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1974-06-06 Regular Meeting? l) '1 1 1 1 1 9 .! KODIAK ISLAND BOROUGH ASSEMBLY MEETING JUNE 6, 1974 CALL TO ORDER The meeting was called to order by Presiding Officer, Mr. Charles Powell at 7:31 p.m. in the Kodiak Island Borough Office Building Meeting Room, Kodiak, Alaska. 11 ROLL CALL Present Absent Mr. C. Ross Wood, Borough Mayor Mr. Charles Powell Mr. Dennis Nelson Mr. Fred Brechan Mr. Howard Anderson Mrs. Betty Wallin (Late arrival) There were approximately ten (10) people in the audience. III MINUTES FROM PREVIOUS MEETING A. Assembly - Regular - May 2, 1974 - B. Assembly - Special - May 30, 1974 - Mr. Brechan moved for approval of the minutes of the regular and special meetings of the Borough Assembly. Seconded by Mr. Nelson. Motion passed by unanimous roll call vote. Mr. Powell read a memo from the Borough Clerk noting the correction to the Minutes of April 4, 1974, Item D of VI - Public Hearing of Ordinance No. 74 -11 -0: Line 19 should be changed as the residue from the sale of foreclosed property does not revert back to the owner of record. Mr. Brechan so moved to accept the correction. Seconded by Mr. Anderson. Motion passed by unanimous roll call vote. (Mrs. Wallin arrived) IV MINUTES FROM OTHER MEETINGS A. P6Z - Regular May 22, 1974 - Mr. Nelson moved that we accept the P6Z minutes as presented. Seconded by Mr. Brechan. Motion passed by unani mous roll call vote. B. School Board - May 8th and May 13th, 1974 - Mr. Brechan moved that we accept the School Board minutes of May 8th and 13th as rernivnrL, Seconded by Mr. Nelson. Motion passed by unanimous roll call vntn. VI COMMUNICATIONS 6 APPEARANCE REQUESTS VI PUBLIC HEARINGS A. Second Reading and Public Hearing on Ordinance 74 -21 -0- 1974/75 Borough Budget - Mrs. Wallin moved that we adopt Ordinance 74 -21 -0. Seconded by Mr. Anderson. Mr. Powell closed the regular meeting and opened the public hearing. Mr. Nelson stated that he has reservations for the budgeting for a finance director and Parks 6 Recreations funds. Mr. Powell stated that if we don't budget for it we won't have the money. He further noted that this is areawide powers and this will be put on the ballot for the voters to decide. Mr. Nelson reinstated that he finds its hard to budget monies for things we don't know we are going to spend. He further noted that on Page 3, Account 241.01, does this money include other schools. Mrs. Holt stated that it does, and the word "school" will be made plural. Mr. Large felt that we shouldn't be getting into Roads 6 Trails, that it was too much money. He further questioned Account 145.01 - Contracted Services, and what does this include? Mr. Powell noted that is was surveying and engineering services. 1 fl 1 . l 2 1 !1 1' T KODIAK ISLAND BOROUGH ASSEMBLY MEETING JUNE 6, 1974 PAGE 2 He further stated that this is similar to the Chiniak Subdivision with surveying costs, tests, etc. Mr. Large stated that he has reservations on the number of people employed at the Borough. Mr. Wood stated that we only have seven employees. Mr. Murray asked about the position on the finance director. Mr.Powell stated that this position is in the making and he will possibly handle the financing for the School District and the Borough. The Borough and School District are working toward central treasury and that we would need the expertise of a finance director. Mr. Murray questioned the Building Inspector's position also? Mr. Powell noted that it was shared half with the City of Kodiak, and this included his expenses. Mr. Taylor asked about the loans granted to the hospital and what has been done on them? Mrs. Holt stated that they have paid all but $7500 on their first loan and that we have loaned them an additional $9000. Mr. Taylor also wanted to know the difference between a professional appraisser and a local appraisser. Mr. Powell stated that sometimes a ti ie third party interest is needed. Mr. Murray asked if the budgeting Mrs. relocation on the Mental Health Center meant that they were moving. Holt stated that this was for the expense of moving for a new psychologist. Mr. Taylor asked when the estimated Chariman's salary will come into effect. Mr. Powell stated that as the rules are set now, the salary will only come into effect when a new chairman comes into office. Mr. Ed Kozak asked about the land sales money, if this was the land already sold. orthat will be sold. Mr. Powell stated that it was for the land already sold. Mr. Powell closed the public hearing and reconvened the regular meeting. Question being called for motion passed by unanimous roll call vote. Mr. Powell called a five minutes recess at 8:00 p.m. Mr. Powell stated that now we have passed the budget, we will have to decide on a mill rate for the Borough, based on the assessed value of $88,850,000 at a mill rate of 5.86 will cover the budget we have just passed. The Fire District Levy will be 1.62 mills based on - $9,819,65 0 assessment. Mr. Powell stated that we need a motion on the assessed valuation and on the millage of the budget for the fiscal year 1974/75 and the Fire Distirct which was just recommended. Mr. Anderson so moved to accept the mill rate of 5.86 and the Fire District levy of 1.62. Seconded by Mr. Brechan Motion passed by unanimous roll call vote. B. Second Reading and Public Hearing on Ordinance 74 -22 -0 - Rezoning A Portion of U. 5. Survey 2539 from Unclassified to Business - Mr. Nelson moved to adopt Ordinance 74 -22 -0. Seconded by Mr. Brechan. Mr. Powell closed the regular meeting and opened the public hearing. Mr. Brasie stated that there was the word "commercial" in his ordinance and he wanted to know if there was a difference between that and the word "business ". Mr. Powell stated that "business" is the only classifcation we have and it will be changed. Mr. Powell closed the public hearing and reconvened the regular meeting. Question being called for, motion passed by unanimous roll call vote. G. Second Reading and Public Hearing on Ordinance 74 -23 -0 - Rezoning Lots 1 through 6, Block 3, and Lot 1, Block 4, Killarney Hills Subdivision from Unclassified to R -2 - Mr. Nelson moved that we adopt Oridnance 74 -23 -0. Seconded by Mrs. Wallin. Mr. Powell closed the regular meeting and opened the public hearing. 7 g 1 1 2 r 1 9 (, KODIAK ISLAND BOROUGH ASSEMBLY MEETING JUNE 6, 1974 PAGE 3 ) • .' ilk .. Mr. Taylor asked what they were going to build, since it has already been subdivided.. Mrs. Holt noted that this was conforming with the building restriction for the subdivision. Mr. Powell closed the public hearing and reconvened the regular meeting. Question being called for motion passed by unanimous roll call vote. VII OLD BUSINESS A. Afognak Historical Site Nomination - The Property Assessment & Management Department has indicated that the ro P pos has no that effect on the Borough at the time.. Mr. Nelson noted [h this this project was placed on hold until further action and Mr. Wood recommended that we hold off action until the public hearing is held, which will be at before our next regular meeting. The Chair so ruled. B. Letter from Alcoholic Severe a Control Board regarding the transfer of She Beac Liouor License - Mr. Brechan moved that the Borough voice no ob action to the transfer of the Beverage Dispensary License for the Beachcombers. Seconded by Mr. Anderson unanimous roll call vote. Motion passed C. First ReadinoLof Ordinance 74 -19 -0 Rel ` Associated with Removal, Excavation 6 Sale ofNaatturalUResources Mr. Nelson moved for ado Lion of Ordinance 74 -19 -0. Seconded by Mr. Anderson. Mr. Nelson stated that on Page 2, there is a blank h number of days a public hearing should be held. Mrs. Holt recommended that ten (10) days after receipt of application. Mr. Powell recommended that the Assembly vote this ordinance down, because it would give extraordinary powers to the Planning and Zoning Commission, and it also deals with private ownership. Mrs Wallin stated that she attended previous PSI meetings in which they stated that there was enough in the present ordinances to take care of this type of situation. Mr. Holt a member of the PsZ Commission gave the background on the development of this ordinance. Mr. Holt noted that this ordinance was not trying to restrict the right of the property owners to build. Mr. Brechan stated that these restrictions could be taken care of in proper zoning. Mr. Nelson recommended that the Assembly pass this Ordinance, so the public could have some input at the public hearing. Question belna called for motion failed on Mr. Po w elINO, Mr. Anderson - NO following roll call vote - and Mrs. Wallin _ NO Mr. Brechan - N0, Mr. _ YES, Vitt NEW BUSINESS A. Letter from Division of Lands, RE: Tideland Lease Application from New England s ompany - Mr. rechan stated t at rom t - map, he oes not qui te un erstand where the fill was to be obtained. This being understood, Mr. Brechan moved that the Borough voice no objection. Seconded by Mr. arson otion passe on t e o lowing roll call vote: r• n arso e lson - N an• ! r. • •wel v, airs. allin - E Mr, Brechan -YES, B. Letter from Department of Highways and Resolution 74 -23 -R - F Aide Secondary Project - Mill Bay Road - Mr. Nelson e ado p t eso ut on - _ moved that we adopt ro econded by r. Brechan. Motion cB vote. Passed by unanimous C. Resolution 74 -24 -R - Exemption of Taxes for Senior Citizen Nick Wolkoff - Mrs. Wallin moved that we accept Resolution 74 -24 -R. c otton passed by unanimous roll call vote. Seconded b Mr. Anderson. 1 1 !1 1 ,1 2 r1 1 9 7 KODIAK ISLAND BOROUGH ASSEMBLY ,MEETING JUNE 6, 1974 PAGE 4 D. Letter from Senior Citizens & the School Board, re: Modular Unit - Mrs. Wallin asked Mr. Murray if this was granted, would it remain on the land where it was now. or would it be moved? Mr. Murray stated that the intention was for it to remain where it was now. Mr. Powell felt that the School Board should surplus this property rather than hold restrictions. Mr. Nelson felt that this was a good compromise between the Borough Assembly and the School Board because they did not know if they were going to surplus this property , Mr. Powell stated that he personally held no objection to the Senior Citizens using the unit, but another location should be found. He also suggested that the cost of moving the building could be paid from the cost of paying rent. A worksession was recommended with the School Board to find out the question of surplussing before renting to the Senior Citizens. Mr. Brechan feels that if it is going to be altered, maybe the School Board should reconsider their decision on surplussing. Mrs. Wallin stated that she goes along with Mr. Powell's recommendation on moving the building. and that it might intefere with the proposed landscaping of the area. Mr. Brechan stated that after the altering that it might be a sub - standard unit for a classroom Mr Anderson moved that we request the School Board to surplus the modular unit for the use of the Senior Citizens. Seconded by Mr. Brechan. Mrs. Wallin asked how soon would he move the building. Mr. Murray stated that it would possibly be in September. Mr. Nelson recommended that rather than requesting the School Board to surplus, we should have a work session with them on this matter. Mr. Anderson withdrew his motion, with permission of the second. A worksession will be set up prior to the next scheduled regular meeting. E. First Reading of Ordinance 74 -24 -0 - Exempting Property of the Kodiak Jaycees from taxes and to Waive Collection of Taxes Levied in 1973 - Mrs. Wallin moved that we adopt Ordinance 74 -24-0 in the first readinn. Seconded by Mr. Brechan. Motion passed by unanimous roll call vote F. First Reading of Ordinance 74 -24 -0 - Rezoning Tract "A ", U. S. Survey 2735 from Conservation to Industrial - Middle Bay Fisheries - Mr. Nelson moved that we adopt Ordinance 74 -25 -0 in the first reading. Seconded by Mr. Brechan. Motion passed by unanimous roll call vote. G. Opinion from Borough Attorney on Parks E Recreation Powers - Mr. Powell stated that what we need is a motion to draft up a Resolution for areawide Parks 6 Recreation powers. Mrs. Wallin asked about the area outside the Borough. Will it be based on per capita and would it effect the outlying areas of the Borough? This would mean that most of the people living inside the City limits would benefit moneywise. Mr. Powell stated then we would have to elect non - areawide powers. He further stated that we should get the information on areawide and non - areawide powers. Mr. Powell read the opinion frt.'' the Oin euglt Attorney on annexing the Coast Guard Base or tends presently held under military reservation. Mr. recommended that we draft an ordinance annexing the Cant Guard Base or those land presently held under mit:lery reservation. The Assembly Concurred. H. First Reading on Ordinance 74 -26 -0 - Rezoning Lots 2, 3, 4, Allman Lalande Addition from Unclassified to Business - Huey DeVille - Mr. Nelson moved we adopt Ordinance 74 -26 -0 in the first reading. Seconded by Mr. Anderson. Motion passed by unanimous roll call vote. I. Resolution 74 -26-R - Approving the final plat of U. S. Survey 1086 - City of Kodiak - Mr. Brechan moved for adoption of Resolution 74 -26 -R Seconded by Mrs. Wallin. Motion passed by unanimous roll call vote. J. Resolution 74 -27 -R - Approving the final plat of U. 5. Survey 5667 - Jake Blanc - Mr. Brechan moved for adoption of Resolution 74 -27 -R. Seconded by Mrs. Wallin. Motion passed by unanlmous roll call vote. KODIAK ISLAND BORfI W}4 ASSFMBIY MEETING PAC.F 5 JUNE 6, 19/4 IX MAYOR'S COMMENTS XI 1 I r 9 K. Recommendation from the P&Z Commission and Concurrence from the City Council to Rezone lots 19 -29 - Block 8, Aleutian Homes Subdivision to Business and First Reading of Ordinance 74 -27 -0 - Rezoning Lots 19 -29, Block 8, Aleutian Homes Subdivision from R -1 and R -2 to Business - Mr. Nelson moved that we adopt the first reading of Ordinance 74 -27 -0. Seconded by Mr. Brechan. Motion passed by unanimous roll call vote. A. Mr. Wood stated that he received a letter from the Dept. of Community and Regional Affairs, that they approved the naming of the Mountain in Port Lions, to Mt. Ellison. He further stated that in the coming months, he is going to plan for a celebration honoring the naming of the mountain. B. Mr. Wood has set the 16th of June, as the tentative date for the Assembly to go to Chiniak to discuss problems with the Chiniak people. C. KANA has scheduled a seminar which will last four (4) days on Health and Education on Community Planning. He will be working with Frank Peterson on the development of this seminar and has offered the help of the Borough Personnel on this planning. The Seminar is scheduled for June 24 through 28th. X ASSEMBLY COMMENTS A. Mr. Anderson noted that when out at Monashka last weekend he noticed that garbage was being dumped over the viewpoint area on the new road. and what could be done about this. Mr. Powell suggested that we instruct the staff to check this out with the State Police and he also suggested that we check out the Dark Lake and Beaver Lake area also. B. Mr. Nelson commented on how the schoulgrounds have been cleaned up. He also stated that he will be attending the Alaska Municipal League convention on the 19th and 20th of June and they will be discussing the Municipal Leagues' goals for 1974/75, if the Assembly would like to submit any recommendations to him. He is also changing hi:: residency to Larsen Bay for the summer and will not be ablve to make all the meetings, only regular meetings. C. Mrs. Wallin stated that she had talked with Port Lions rPprescntatives and they wish to withdraw their request for the land within the 1st Addition of the Port Lions Subdivision. She also stated that she will be moving into town next week and that plans to stay on the Assembly until the next regular election. Mr. Powell stated that we should take some action on the memo received from the Borough Clerk on the foreclosure procedings. Discussion followed on whether or not some of the taxes could be collected through an Agency and it was felt that some could be. The Presiding Officer recommended that we write of f attachment number 1, refer attachments #2 6 #3 to a collection agency and that Attachments 4 -9 be put on foreclosure. Mr. Nelson so moved. Seconded by Mr. Brechan. Motion passed by unanimous roll call vote. Mrs. Holt noted that the target date for the census is the 17th of June. AUDIENCE COMMENTS Mr. Schneider protested that there was a business operating out in the Island Lake area and nothing was being done about it. He felt that the owner should have a special use permit issued to that effect. He is in fact selling timber and buying als6, in an Unclassified area. 7 ] 1 2 '1 KODIAK ISLAND BOROU(.ri'AS FM 1 MFFTWC nnm a 'Ur" Mr. Holt stated that our present ordinance does not clarify the use of a letter of intent and that the ordinance that failed tonite would take care of this sort of thing. Mr. Powell stated that we should address ourselves to the use of the ordinance and look over the zoning requirements and the requirements of the Uniform Building Code. Mr. Gary Atwell asked what will protect the home owner? Mr. Anderson felt that the way Ordinance 74 -19 -0 was written up was too inclusive, and that he has no objection to the intent of the Planning and Zoning Commission. Mr. Powell objected the legal phrases within the ordinance. Mr. Atwell asked the Assembly that on their phraseology, they state "I ", do they represent the Borough or are they speaking of themselves. Mr. Powell stated that it was just a matter of speaking, rather than saying "we who represent the Borough ", all the time. Mr. Atwell asked about the proposed rock quarry and its location, there are houses heading in thit direction already. Mr. Wood stated that they had found a location close the the center of operations in the Borough and yet f away from the residential area. Mr . Powell closed the meeting for executive session for purpose of discussing personnel matters. XII ADJOURNMENT The meeting was adjourned at 10:45 p.m. ATTEST: APPROVED: Borough Clerk Norma L. Holt Borough Mayor C. Ross Wood PAC .F 6 1 (��f -�..