Loading...
1975-12-04 Regular Meeting1 1 1 n i n a 1 i) 2 5 0 KODIAK ISLAND BOROUGH ASSEMBLY MEETING DECEMBER 4, 1975 I CALL TO ORDER The meeting was called to order by Presiding Officer Betty Wallin at 7:35 p.m., in the Borough Meeting Room, Borough Building, Kodiak. 1I ROLL CALL Present Robert Craig, Borough Mayor Betty Wallin, Presiding Officer Hal Lincoln, Deputy Presiding Officer Les Anderson Dr. Emmick Sandra Kavanaugh Frank Peterson James Peotter Also present: Approximately 25 people In the audience. 111 MINUTES OF PREVIOUS MEETINGS A. Assembly - Regular Meeting November 6, 1975 and BOE Meeting 11/7/75 B. Assembly - Special Meeting - October 23, 1975 C. Assembly - Special Meeting - November 10, 1975 (CORRECTION: Stan Sargent received 510 votes instead of the 290 Indicated) D. Assembly - Special Meeting - November 14, 1975 E. Assembly - Special Meeting - December 1, 1975 (CORRECTION: Robert Craig received 510 votes instead of the 501 noted) Dr. Emmick moved to accept the minutes as corrects, seconded by Mr. Lincoln. Motion passed by unanimous voice vote. IV MINUTES FROM OTHER MEETINGS A. School Board - October 13, 1975; November 10, 1975, November 17, 1975 and November 24, 1975 B. Governing Board - Mental Health Center - November 5, 1975 C. Health Resources Council - November 3 and 24, 1975 Mrs. Kavanaugh moved to approve the minutes as received, seconded by Dr. Emmick. Motion passed by unanimous voice vote. V COMMUNICATIONS AND APPEARANCE REQUESTS A.1 Mr. Wade, Corps of Engineers Re: Flood Hazard Study. Mr. Wade stated that the Corps of Engineers was now prepared to continue with a Flood Hazard Study within the Kodiak area that had been requested several years ago. This study will determine the problems if any, concerning flood hazards and will indicate what would happen should the reservoirs breach. The Corps of Engineers also has available to the community technical consultants that will be happy to give any assistance needed in seeking solutions for the problems. If there are other areas where problems might exist the Corps should be made aware of these and perhaps additional studies can be made in the future. Mr. Wade asked direction as to whether or not the present assembly wished to proceed. He further stated that by using the study the borough can make provisions in the zoning and building code to give the protection needed when building in this particular area. Mr. Gariss, Borough Planner, noted that there is already an area which has a flood plains designation and in order for the home owners to obtain flood Insurance, the Borough must have a flood plains management plan and ordinance for regulations. It is possible that this study will eliminate this designation and thus eliminate the need for such a management plan and ordinance. 1 1 j 2 1 r1 2 •S KIB ASSEMBLY MEETING - DECEMBERI, 1975 Page 2 Dr. Emmick moved to request the Corps of Engineers to conduct the study, seconded by Mr. Anderson. Motion passed by unanimous voice vote. A -2. Eugene Brasie - Request for Extension on Lease Requirements Memorandum from the Planner. Mr, Brasie presented the architectrual drawings for his development of a steak house, cocktail lounge and motel. He indicated that over the past three years he has done considerable work on the land, draining and preparing for construction. His plans are at this time being put out to bid and he would anticipate the bids will be back within the next several months. Mr. Brasie indicated the location of this particular property in answer to question by Mr Anderson, and further stated that the Borough had received patent to this land prior to his lease being issued. The question was asked as to the date of the patent, the Clerk stated that it was in 1972 (NOTE: A check of the records 12/5/75 indicated the patent to be dated August 29, 1972, recorded September 9, 1972). The Planner had recommended an extension of six months „which would allow Mr. Brasie time to bring the necessary paperwork in for review: indication of capability of finance on the project, approval of the sanitation system and plans for the project. Mr. Brasie stated that the system had been approved by the State Sanitarian Mr. Brighton, this would be a treatment system rather than a sceptic system. Further he had been assured that as soon as the bids were in he would have financing available to him. There was discussion on the validity of the patent as it was issued after the 1971 deadline and Mr. Anderson felt we might be compounding the problem to allow any building in this area. The Certification of Bells Flats will be finalized in a very short time if no appeals are brought forward and by January 18th, the Borough would be on safer ground. Mr. Lincoln moved to allow Mr. Brasie six months to submit to this Borough complete development and financial plans and we will again review his lease, seconded by Mr. Anderson. Mr. Peterson asked if this development had been approved by the Planning Commission and requested copies of the minutes and any ordinance pertaining to this. It was noted for the record that the plan was approved prior to the leasing of this land and the lease was based on the development of this particular plan. The question was called and motion passed by unanimous voice vote. 8.. Letter from Corps of Engineers Re: Public Notice No. 75 -164 - Request to Remove 4,000 Cubic Yards of Material from the West Shore of &yak Bay near the Townsite of Larsen Bay. Mr. Lincoln moved to voice non- nbirction seconded by Mrs. Kavanaugh Question called , motion passed by unanimous voice vote. C. Letter from Division of Lands Re: Tideland Preference Right Application from Daniel Boone Reed. The map was studied by the Assembly noting the location. Mr. Lincoln moved to voice no objection, seconded bxMr. Anderson. Motion_passed b unanimous voice vote. D. Letter from Okey Chandler re: New Attorney for the Borough, read by the Presiding Officer. Mr. Chanlder felt that the attorney should be locally hired, and thereby keep the money in circulation locally. Mr_ Lincoln moved tote! the letter under advisement, seconded by nAr,_Peott_er. After considerable discussion it was determined that this would be taken up at a work session. The question was called on the motion ,; passed by unanimous roll call vote. E. Letter from Mr. Paul Lowe, City Manager of Port Lions, Re: Approval of the Port Lions Comprehensive Plan. Mr. Gariss indicated that this has been reviewed and he would recommend it be taken up at the next meeting of the Planning Crommission and should be incorporated in the Borough's Comprehensive Plan. Dr. Emmick moved to refer this to Planning - and Zoning_for review and returned for formal acceptance, seconded by Mrs. Kavanaugh. Motion passed yunanimous voice vote. 19 i , 2 r) 5 KIB ASSEMBLY MEETING - DECEMBER 4, 1975 Mr. Lowe had also requested Borough Assembly approval of an agreement between the City of Port Lions and the Borough regarding the payment of the survey costs on Port Lions Subdivisions. Mr. Gariss indicated that he and Mr. Lowe had been unable to get together on this matter; further he had discussed this with the State Land People and they indicated the best thing to do would be to let nature take its course. Dr. Emmick noted the length of time that this particular matter has taken and the City of Port Lions was asking for a Quit Claim Deed from the Borough subject to a contract for the reimbursement of the survey costs. Dr. Emmick moved that the Borough proceed with the contract and see if we can't do this much for the City of Port Lions,_seconded by_Mr_Peotter. The question was_called and motion passed by unanimous roll call vote. It was noted that this motion included the drafting of the Quit Claim Deed which would be subject to the contract. VI PUBLIC HEARINGS - None VII OLD BUSINESS Page 3 A. Reportfrom Planner Regarding Proposed Rezoning Ordinance No. 75 -25 -0, Kodiak Island Properties = Request for Delay with Letter from League of Women Voters. Dr. Emmick moved tofollow the recommendations of the Planner in this matter, seconded by Mr. Peterson. The Presiding Officer read the recommendation of the Planner to postpone this matter until the Planning & Zoning Commission has had time to incorporate a portion of the lots into a business district and include this in the update of the Comprehensive Plan. Mr. Larry Graber was in the audience and noted that for three years they tried to rezone some property from R -I to Business and this property is now being planned for the new post office. There is still a need for additional commercial property, further this land is not suitable for residential. He would request that the assembly act on this at this time without further delay. Mr. Gariss was asked for comments and noted the problems that are involved in this rezoning, one would be the extension of the central business district and a joining of the outlying business district. This would mean that the controlled uses could no longer be adhered to; traffic. problems must also be considered - this would include vehicular and pedestrian. Mr. Gariss further pointed out that the problem is not a lack of zoning for business but a lack of suffit ent use of the present business property. 50% of this proposed area is occupied by houses and would not be-used for business. The letter from the League of Women Voters objecting to the rezoning without proper controls, and without provisions for overpasses for the children was read into the record. Mr. Gariss was asked if the update of the Comprehensive Plan could be worked on and a report brought back to the Assembly by April 30th. Mr. Gariss indicated this would be reasonable. Mr. Anderson moved to amend the main motion, the Planner will report to the Assembly with an update of the Comprehensive Plan not later than (emphasis added) the end of April, seconded by Dr. Emmick. The question was called on the amendment, motion passed by unanimous roll call vote. The main motion to read: the Recommendations of the Planner to be followed, and the Planner will report to the Assembly with an update of the Comprehensive Plan not later than the end of Apri 1. The question was called and the motion passed by roll call vote as follow s: Mr Peterson YES; Dr. Emmick YES: Mr. Anderson YES Mrs. Kavanaugh NO; Mr. Peotter YES: Mr,.L.incotn, YES: Mrs. Wallin YES. 1 0 1 1 2 1 0 2 5 KIB ASSEMBLY MEETING _DECEMBER/ 1975 Page 4 The presiding officer called for a five minute recess - 'meeting reconvened at 9:20 p.m. B. Memorandum from Planner Re: Borough Participation with City of Kodiak and Coast Guard on Solid Waste Site., read by the Mayor noting that City is requesting participation in the amount of $8, 000 for the continuation of Phase 11 of this project. The question was raised as to the time frame in- volved however no schedule was available. Mr. Peotter moved to postpone a decision on this to see how readily grant monies are available, seconded by Mrs. Kavanaugh. Dr. Emmick amended the motion to request that Mr. Craig obtain the necessary backup information for this work session, seconded by Mr. P erson. Question called on the amendment, motion passed by unanimous voice vote. Question called on the main motion and motion passed by unanimous roll call vote. C. First Reading of Ordinance 75 -26 -0 establishment of a Service District in Bells Flats, read by title only. Mr. Lincoln moved for the adoption of Ordinance No. 75 -26 -0 in the first reading and a call for a public hearing at the next regular meeting, seconded by Mrs. Kavanaugh. Mr. Anderson questioned whether or not communication had been established between the Corporation of Bells Flats to find out their goals as it is possible that the Borough may not even be involved with this. Mr. Williams, a resident of Bells Flats, stated that there is development in this area, the people there have requested this service and the service will be paid by their taxes, further urged that this ordinance be passed. The question was called and the motion passed with the following roll call vote: Mr._Anderson NO; Mr. Peotter YES: Mr. Peterson - indicated he wished to abstain as he questioned the ownership of the lots and questioned whether or not the people had paid for the land; Dr. Emmick YES: Mr. Lincoln YES: Mrs. Wallin YES: Motion passed 5 to I - with one abstaining. (The Clerk was re- quested to check to see if Mr. Peterson could abstain on this item) .ft gore; Sot eenC(.t <n • Ascrn.b4 Mina* i I -/q- 76 VIII NEW BUSINESS A..,Tax Adjustments Mrs. Kavanaugh moved for the acceptance of the tax ajustments, P- 75 -13, P -75 -I4 and R -75 -7; R -75 -8, seconded by Mr. Peotter. The question was called and motion passed by unanimous voice vote. B • Monthly reports - Mr. Lincoln moved to accept the monthly financial report, seconded by Mr. Peotter. Motion passed by_unanimous voice vote. C. Pre - Application for Discretionary Funds, Memorandum from the Planner reApplication and R;gommendations from the OED Committee; Resolution No 75 -46 -R. Mrs. Kavanaugh noted that the OED held an emergency meeting to discuss the application and recommended the acceptance of the Old Harbor Industrial Water Supply as the plans for this were available. Additional engineering would have had to have been done on the sewer system for the Island Lake area. Mrs. Kavanaugh moved to accept this application for the Discretionary Funds, seconded by qtr Anderson. Motion passed by unanimous roll call vote. The Resolution setting forth the need for this project and indicating assembly approval for this application. was read. Dr_ Emmick moved_ for the adoption of Resolution No. 75- 4.6-R,_ seconded by AML, Peterson. Mutton passes by unanimous voice vote. n 2 5 KIB ASSEMBLY MEETING - DECEMBER 4, 1975 F. Approval of Five -Year Use Permit with State on Vocational Building Complex, cover letter read by the Mayor. This will replace the current one -year use permit. • Dr. Emmick moved to accept the five -year Use Permit, seconded by Mr. Peterson. Motion passed by unanimous voice vote. • G. Daycare Center Contract - The Subcontract between KACDC was revie •ed and Mr. Peterson moved for adoption, seconded by Mrs. Kavanaugh. Motion passed by unanimous roll call vote. - — H. Review of Bids for Generators for Villages; Recommendations from the School District. A memorandum from the School Superintendent was read noting that the two lowest bids do not meet the specifications, one because they did not submit tl bond or check and the other as it was submitted for a 3- cylinder rather than a two as called for. Mr: Greene indicated that the School District wished to standardize their generators and felt that the Witte was the most dependable, and that he would feel very comfortable with this engine. There was discussion of whether or not the Borough would be required to take the low bid even though it does not meet the requirements. Mr. Lincoln moved to accept the low bid, Pacific Diesel, seconded by Mrs. Kavanaugh.' - The Mayor raised the question of following the specification§ if"the Boroughis going to have specs they should be followed. Qugstion was called: Motion failed with the following roll call vote: Mr. Anderson YES: Mr Lincoln, YES: Mrs. Kavanaugh YES; Mr. Peotter NO; Mr. Peterson NO; Dr. Emmick NO; Mrs. Wallin NO: Dr. Emmick moved to accept the bid on the Witte seconded by Mr. Peotter. _-._ Under discussion of the motion it was noted that the - School District . does not presently have Witte generators in operation. The question was called and motion passed with_the following roll call vote: Mr. Lincoln NO: Mr. Peterson YES: Mr. Anderson NO: Mrs. Kavanaugh NO: Mr. Peotter YES: Dr. Emmick YES: Mrs. Wallin YES: Vote four to three. 1. Establishment of 1975/76 Population Figure Alaska Municipal League Du3s. Mrs. Kavanaugh moved to establish the figure of 2704 for the population of the Kodiak Island Borough - outside the City of Kodiak, seconded by Mi. Anderson, Motion passed by unanimous voice vote_ J. Resolution No. 75 -45 -R, Requesting Highway Departmeneto build a Vehicle and Pedestrian Bridge to Nearlslana. Mr. Peotter moved for the adoptiortdf Resolution No. 75- 45 -R,, seconded by Dr. Emmick. Motion passed by unanimous voice vote. K. Application to Select Lots 11 and 12, Block 44, East Addition (8,000 sq. ft) from BLM. Mr. Peotter moved that the Borough Clerk be directed to to with the paperwork to obtain these lots, seconded by Mr._Lin_coln. Motion passed by unanimous voice vote. L. Memorandum from the Fire Chief regarding burning in the Fire Service District. Mr. Lincoln moved that the planner or whatever be directed to draw up an ordinance that would take care of the necessary requirement for a burning permit, seconded by Mr. Peotter. It was suggested that this permit could be something on the order of a telephone permit and a check should be made regarding the City's regulations on the hours of burning. Motion p's_ed by unanimous voice vote. - -- ) ') `) ' 2 1 1 2 i KI8 ASSEMBLY MEETING - DECEMBER 4, 1975 Page 6 M. Letter from Fairbanks North Star Borough re. Comments on HR 4719. The cover letter was read by the Mayor requesting input from the Assembly on this particular bill. Dr. Emmick moved that the Assembly take this under study with perhaps a decision at the next regular meeting, seconded by Mrs. Kavanaugh. Motion passed by unanimous voice vote. N. Approval of Reimbursement for Motor Purchases for the Kodiak Island Hospital. Mr. Peotter moved to authorize this reimbursement, seconded by Mr. Lincoln. This is a budgeted item, however is over the limit that the Mayor is authorized to spend without assembly approval. The amount due the hospital is $1,004. P. The question was called and motion_ passed by unanimous roll call vote. IX MAYOR'S COMMENTS A. Ratification of Appointment to the Mental Health Government Board. Mr. Craig noted that two individuals have been appointed to the Board, Carlos Taton and Yvonne Zharoff. Mr. Peotter moved for the ratification of these two new members, seconded by Mr. Anderson. Motionpassed_by unanimous voice vote. B. Reschedule of January Meeting - Since the January meeting would fall on the first of January, the assembly was requested to set another date. The 15th of January was suggested and all were agreeable to this change. C. Request from the City of Kodiak for Transfer of land for the widening of Mission Road. Letter from the City was read by the Mayor and it was noted that authorization should be given by the Assembly for this transfer. Mr, Lincoln moved to approve the drafting of an resolution for this transfer, i seconded by Dr. Emmick. Motion passed by unanimous voice vote. D. Draft Ordinance for Code Revision on sales, purchases and contracts. Mr. Lincoln moved that this item be taken up at the next work session, seconded by Mr. Peotter. Motion passed, unanimous voice vote. X ASSEMBLY COMMENTS A. Mi.. Peotter - AD HOC Tax Committee - Since this committee has been established and it is anticipated that tney will have input for the Assembly in the near future it was suggested that the Assembly have a work session on the Tax Study. There had been discussion about the Wednesday night prior to the Thursday Assembly meeting being set for a work session. It was requested that there be some thing of a formal format for the work session and perhaps a tentative agenda could be received the week prior. B. Mr. Anderson - Suggested that there be a time limit on the meetings, perhaps I1: 00 p.m. Further suggested that it would be better to have the work session a week before the regular meeting in order that the members would have an opportunity to obtain additional information if needed. The members were agreeable to se, ing the work session for the previous Wednes- day at 7: 30 p.m. in the Borough conference room. C. Mr. Peterson - requested that maps be made availabe whenever there is discussion regarding zoning or subdivision. Further requested that the Clerk be provided with a mike in order that she could be heard by the audience. Mr. Peterson asked about the Boards and Commission established by the Borough and whether or not these people were ever in attendance at the Borough meetings. It was noted that very often the members of other boards do attend, that specific requests are often brought before the Assembly. • 1 ) 0 '1 2 0? 5 KIB ASSEMBLY MEETING - DECEMBER 4, 1975 Page 7 XI ADUIENCE COMMENTS A. Mr. T. T. Jackson regarding the appointment of a new Planning and Zoning Commission and urging that this be done as soon as possible. Mr. Jackson was advised that the new commission should be appointed by the 17th of December. B. Mr. Schneider re: Port Lions land sales and whether or not the sale requirements as set by the State will be followed. Dr. Emmick advised that sale procedures as set by the State will be adhered to. Re: Sanitary Landfill - asked if the Landfill was still being planned for the Chiniak area. Mr. Gariss advised that there are 53 residents there and arrangements have been made to make some improvements on the landfill already there. Re: Two lots, 11 and 12, Block 44, and questioned why these were being selected. Mr. Gariss explained that these could be combined for one good residential lot and once acquired from BLM could be offered for sale. Mr. Scnheider voiced concern over the bidding procedures and stated that in order to avoid confusion in the future, the bids should not state a specific model or equal to as the Borough is then faced with the decision as to what is considered equal to. C. Mr. Royal Large - re: Attorney. Mr. Large stated that he had some paper work in the mill for some time and that the attorney was unresponsive. He did feel that he should have some say in the matter as regarding his lease. D. Mr. Will Gariss - regarding the sound system in the meeting room. He noted that the sound system is made of different components and that it is not working to capacity. He suggested that a check be made so that the impedence can tie matched up properly, further suggested that money be expended to place curtains at both ends of the room and that the speakers be mounted at four different spots in the room. Mr. Gariss went on to say that he would like to have a different scale of maps to work with, that these could then be projected on a screeen with an overhead projector in order that the assembly and.theaudienee could have good visibility. Mr. Gariss was directoed to get together with the Mayor regarding this matter. XII ADJOURNMENT The meeting was adjourned at 11:35 p.m. ATTEST: APPROVED: Borough Clerk Borough Mayor fl 2 DATE: November 12, 1975 r ) 2 5 7 KODIAK ISLAND BOROUGH ADJUSTMENT RE NAME William B. Jackson ADDRESS; Box 1152 Kodiak, AK. 99615 LEGAL DESCRIPTION: Kodiak Shipyard PYard on Coast Guard Base ACCOUNT NO.pe rsonal Pro er[ o T ADJUSTMENT NO. P -75 - 13 REASON FOR CHANGE: Property on 'the Coast Guard Base Which is not taxable YEAR: 19 75 ASSESSED VALUE: ADD: SUBTRACT: CORRECT TOTAL: PREPARED BY: G. Berestoff VALUATION 4,700 • 4,700 CITY d BOROUGH TAX Penalty BOROUGH TAX 2.75 + 27.27 Ed Haney ASSESSOR 30.00 1 0 1 DATE: November 13, 1975 NAME: ASHA ADDRESS: LEGAL DESCRIPTION: YEAR: 1975 ASSESSED VALUE: ADD: SUBTRACT: CORRECT TOTAL: PREPARED BY: G. Berestoff r 1 2. 5 KODIAK ISLAND BOROUGH REASON FOR CHANCE: Letter Attached VALUATION 47,230 47,230 ADJUSTMENT REOUEST New Kodiak Subd, Block 14 Lot 5 dm `f hoc a dt Zlw patett ACCOUNT NO. 300 -140 -0500 TCA.Y/ ADJUSTMENT NO. R - 75 - 7 CITY & BOROUGH TAX $406.19 + 273.93 406.19 + 273.93 Ed Haney ASSESSOR Total -TAX 680.12 680.12 1 1 0 9 '? 2 1 0 2 5 KOD1AK ISLAND BOROUGH ADJUSTMENT REOUEST DATE: November 13,1975 ACCOUNT NO. 300_140 - 0700 mra 1 / NAME: ASHA ADDRESS: LEGAL DESCRIPTION: REASON FOR CHANGE; Letter Attached New Kodiak SUbd. Block 14 Lot 7 YEAR 19 7S VALUATION CITY E. BOROUGH TAX ASSESSED VALUE: 71.020 $1RD_77 + 191 0 ADD: SUBTRACT: _ 21.020 180.77 + 121.91 CORRECT TOTAL: PREPARED BY: G. Berestoff ia' !7r Lrd� n, 5, 1.4; 7ste' — Cr ADJUSTMENT NO. R - 75 - 8 Ed Haney ASSESSOR Total "TAX 302.68 302.68 NAM; n 3 n 2 7 DATE: November 15,1975 John E. Olhoft REASON FOR CHANCE: FREPARED BY: G. Berestoff /Y)tt C. en iC✓-3, KODIAK ISLAND BOROUGH ADJUSTMENT REQUEST ACCOUNT NO Personal Property ADJUSTMENT NO. P 75 - 14 ADDRESS: 3015 Lois Drive 0 111 Anchorage, Alaska LEGAL DESCRIPTION: 1973 24X48 Bendix.House Trailer - LocatedOn lot 25A USS 3099 Taxed on Real 5 Personal Property Both YEAR: 1 975 VALUATION CITY 6 BOROUGH TAX FIRE BOROUGH TAX ASSESSED VALUE: 25 600 69 12 +1.4.8....413-a_211..613. ADD: SUBTRACT; 21,000 56.70 + 127,80 - 178 50 CORRECT TOTAL: 4,600 12.42 + 26.68 ■ 19.10 TCA 8 0 1 1 2 DATE: November 15,1975 NAME: John E. Olhoft REASON FOR CHANCE: ASSESSED VALUE: 75 Ann ADD: SUBTRACT: 21,000 CORRECT TOTAL: 4,600 PREPARED BY; G. Berestoff ✓ E /iruC� ti / z_ t � r ? 7 KODIAK ISLAND BOROUGH ADJUSTMENT REQUEST ACCOUNT NO, Personal Property ADJUSTMENT NO, P _ 75 - 14 ADDRESS: 3015 Lois Drive # 111 Anchorage, Alaska LEGAL DESCRIPTION: 1973 24X48 Bendix House Trailer - LocatedOn lot 25A USS 3099 Taxed on Real 6 Personal Property Both YEAR: 1 975 - VALUATION CITY 6 BOROUGH TAX FIRE BOROUGH TAX 49 12 +14R_GR - 717 60 56.70 + 121.80 = 178.50 12.42 + 26.68 = 39.10 TCA 8