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1976-01-14 Regular Meeting1 2 1 1 2 (� 9 KODIAK SLAND BOROUG.. ASS EM8L JANUARY 14, 1976 I CALL TO ORDER The meeting was called to order by Presiding Officer Betty 4a11in, at 7:30 p.m. in the Borough Meeting Room, Borough Building, Kodiak, Alaska. II ROLL CALL PRESENT Mr. Robert Craig, Borough Mayor Dr. Mfrs. Betty Wallin, Presiding Officer fir. Mr: Hal Lincoln, Deputy Presiding Officer Nr. Les Anderson Mrs. Sandra Kavanaugh Mr. James Peotter ABSENT Emmick (excused) Peterson (excused) Also present in the audience approximately 45 people. III MINUTES OF PREVIOUS MEETING A, Assembly - Regular Meeting - December 4 1976. Noted: Corrections - Under Item VII "C' - Mfrs. Kavanaugh's name and vote was not included. Also noted that the Clerk had been requested to check on whether or not Mr. Peterson could abstain on this matter, determined that he could not. Instructions were given to enter a "NO" vote for kr. Peterson. Mr. Anderson moved to approve the minutes as corrected, seconded by Mrs. Kavanaugh. No objections being voiced the Chair so ordered. IV taNUTES FROM OTHER MEETINGS A. Planning $ Zoning- Regular- December 17, 1975 - rlrs. Kavanaugh roved to accept the Planning minutes of December 17, 1975, seconded by Mr. Lincoln. Motion passed by unanimous voice vote. B. School Board - December 8 and 22nd, 1975 C. Bicentenn:.al Commission - December 15th, 1975 - Mr. Peotter moved to accept the minutes of the School Board and Bicentennial Commission as presented, seconded by Mrs. Kavanaugh. V CORRESPONDENCE AND APPEARANCE REQUESTS A." Steve Cole - Request for A Resolution from the Assembly to the .Governor to Establish a Rent Control Board for Kodiak - The Presiding Officer noted that Mr. Cole would not be present for this presentation and with the consent of the assembly this was removed from the agenda. A -1. 4r. Tom Sweeney, Sweeney Insurance Agency - Presentation -f Prqposal for Increase of Coverage for Hospital and inclusion :f Malpractice. Mr. Sweeney gave a background sketch of the insurance coverage, noting that their proposal was for an increase of the coverage of the hospital, one that would bring the coverage to the required 90% co- insurance requirement and would also include - i1- practice. The hospital has for the past several months been contact with several insurance agencies to obtain information the cost for malpractice insurance. Bids were received by the - hospital -one based on claims made basis and the other as offerer was for claims on occurrence basis. Insurance Company of Mort^ America has presented a proposal for the malpractice insuranc, end coverage of the hospital in a package - one that would cover , liability, fire and contents. This would be for an annual premium:of $32,995, malpractice portion would be $16,589.JO. -'.ere would be a rebate on tie present policy of about $3,500. :.`.e :3crea: on the premium is due to the increase of the replacement cost ,nd the fact that the hospital was orginially carried under the program thuse thuse gaining package credits. It was idr. Sweeney's recommendation that the Borough accept this proposal at this care n 1 2? n n z 7 A KIB ASSEMBLY MI :;UTES - JANJARY 14, 1976 VI PUBLIC HEARINGS Page 2 as the entire insurance packet will be coming up for bid in a very short time. Should mother coverage be accepted at that time this policy could be cancelled. Mr. Sweeney did state that the inspector who inspected the hospital noted that it was one of the best run he had seen and there are only three in Alaska handled by this particul. company. Mr. Lincoln moved to accept the proposal as presented by Mr. Sweeney, seconded by Mrs. Kavanaugh. Motion passed by unanimous roll call vote. B. Letter from ABC Board Re: Liquor License Renewal for VFW. Mr. Peotter moved to approve the license renewal, seconded by Mr. Lincoln. Mr. Sweeney was asked as a member of the VFW if there had been any violations and he noted there were none. The question was called and motion passed by unanimous voice vote. C. Letter from Corp of Engineers Regarding Off -Shore Drilling, read in full by the Borough Mayor, stating the application BBN Geomarine Services Company, proposes to drill 27 separate core samples to a maximum of 500 feet depth at locations indicated on the attached map. Mr. Lincoln moved that the Borough Assembly voice no objections, seconded by Mr. Anderson. Motion passed by unanimous voice vote. D. Dr. Wasson - Presentation of Needs Assessment Study and Priority Listing. Mr. Wasson noted that the priority list had been presented to the previous assembly and that he would give the present assembly a background sketch of the Health Resources Council's work. Current the Council has been meeting and reports have been given concerning some of the priority needs. The Health Resources is an advisory board and as such needs direction from the Borough Assembly. If there is something that the Assembly wants from the Council it wc:::: be appreciated if such direction would be given. There is a need for additional members on the Council, and there is a requirement that the membership must be comprised of 51% consumers. The Assembly indicated that they will be meeting with the Council and with all other boards of the Borough. The assembly should have a date set for the meeting by :Monday, January 19th, so that the Council can be advised at their regular meeting. The Presiding Officer thanked Dr. Wasson for his presentation. A. Public Hearing and Second Reading Ordinance No. 75 -26 -0 Estahlishment of a Service District to be Known as the Bells Flats Russian Creek Service District. The Ordinance was read in full by the Borough Mayor, copies were available for the audience. Mr.. Lincoln moved for adoption of Ordinance No. 75 -26 -0 in the second reading, seconded by Mrs. Kavanaugh. The regular meeting was closed and the public hearing opened. Mr. Bill Williams, a resident of the area, spoke in support of the service area, as did Mr. Mike Brechan and Mr. Ken Manolovitz. It was noted that the area is growing and that presently there are approximately 25 to 30 children that must walk out to the main road to catch the school bus. Cost of the service area was questioned and it was noted that all property within the service area will be taxed as will personal property. Based on the 1975 Assessment, a budget of $2i would take a mill levy of 1.67 and a budget of $46,000 would require 3.50. A budget will be established prior to the election so that the voters may have all the necessary information The public hearing was closed and the question called on the motion: Motion passed by unanimous roll call vote. Mr. Lincoln moved that the resolution be drawn calling for a special election for the exercise of road powers, this election to be held as soon as possible, seconded by Mr. Peotter. Motion passe: by unanimous roll call vote. KIB'AS k L JANt;ARY 14, 1976 Page 3 VIZ OLD BUSINESS A. Review of Contract - Lease of Land to Arne Hansen for 55- Lease. The letter from the Borough Attorney settin Year Pro ems connected with this proposed lease was read iorfu he Borough Mayor. It was pointed out that this area, althougg hl by the industrial is surrounded by residential land and that the Bo tough Comprehensive Plan calls for residential expansion in this area. It was suggested that the fifty -five year lease not be arez. as there is a possibility that the land use will change in authorized date of the comprehensive plan. It was further suggested s the th e Assembly consider the deletion of the option to purchase that the Mr. Hansen indicated that he probably would not be able to obtain a loan from the bank for development on a shorter lease or without the option to purchase at the end of the development period. He stated that the land really isn't large enough in area for his development, that he would much rather stay where he is and be allowed to cut logs for other individuals until such time as a better site is found. As far as the note that the cost of the development had not been stated, Mr. Hansen indicated that a road into the property would cost about $50,000; a mill building would be another $20,000 and a drying shed, $20,000. Cost to clear the land for building would run approximately $7,500 per acre. In reply to the question of an alternate solution, Mr. Hansen indicate( he would not object to a use permit on his present site and he would be willing to wait until another site is found that would be more suitable. The Presiding Officer called a ten minutes recess; Meeting reconvened at 9:00 p.m. this assemb ur oses o m•rehensave he ossibilit ear to ivy • b Mrs. • • Mr. Anderson moved that in 1 ht of the dialo•ue had this evenin an. with res•ect to the on• time frame involved, rant Mr. Hansen a one- ear s•ecia use •ermit or o oration, an. b •rantin• this time eriod the Co Zon n Plan ma be develo•ed and there is alwa s t At ravate land ma come avai able durin• this latitude he nee.s or his o•erataon, secon his After some discussion on whether or not this would cancel the application for the 55 -year lease, Mr. Anderson amended his motion with the a.•roval of the second to den the re • ect to e o•tion to bu t e •ro ert as shorn attorney s comment. The in the bsun� pus auestaon was ca led on the amendment and tail vote. • 55- ear lease with outline •u estion called on the main motion as amended and motion •assed b unanimous voice vote. B. First Readin of Ordinance No. 76 -1 -0 Amendin the 1975 76 Bud et Ord nance to Allow for Inc usion o Da Care Assistance Pro ram, Est - as n• an Account or L v n• Increase; that Pro ram. Author ration or Cost of Release o Restricted Funds for Bull in Remode n rea title only Mr. L nco n mo ve• Or nance No. 76- -6 an the arst rea n seconde r Mr. luestaon called motion passed by unan mous voice vote. Ok' Resolution No. 76 -6 -R Authorizin the Convc ante of Land to the Cat o Kodiak For Widenin• of Miss on Road, read in full b the Borou h Ma or. The City wa 1 be widening M as on Road and has requests a portion of two lots for this purpose. Mrs. Kavanaugh moved for ado•tion of Resolution No. 76 -6 -R, seconded bb Mr. L oln. Q uestion called motion passed by unanimous voice vote. D. Decision as to Whether or not Borou h Wishes to dro suit between Borough and City on Reapportionment Question. Mr. Peotter moved to dro the suit, seconded by Mr. Lincoln. Motion p` unanimous roll call vote. RIB ASS 4BLY MEE`rING - JA 7 14 , 1976 Page 4 E. Request from Chamber of Commerce - Letter from Hazel Hogan, Director, read in full by the Borough :iayor. Mrs. Hogan was.in the audience and answered questions from the assembly regarding rental agreements. Mrs. Hogan noted that she had a verbal agreement with Mr. Wood for the rental of the two offices; that she had not signed the rental agreement submitted to her in early 1975 as she did not agree with the lease; and that she had paid rents in 1974, however had not paid in 1975 since she did not receive a bill for the rents. Mrs. Hogan further noted that the Chamber of Commerce operates a public information center, however now there are no funds to continu on this and that if the borough feels this is a responsibility of th borough she would like to enter into a contract whereby the Chamber supplies this service in return for a minimum rental of perhaps $1.00 per year. She stated that the amount now due the borough of $2400 for the rent for 1975 was due to a shuffling back and forth between the City and Borough. Mrs. Hogan suggested that the City and Borough participate in the public information service on a percentage basis. Mr. Lincoln moved that the Borough Assembly continue support of information services that are orovided by the Chamber of Commerce and the Borough Mayor be authorized to sit down and negotiate an acceptable financial arrangement between the Borough Assembly and the Chamber of Commerce and City to be brought back to the next regular meeting, seconded by ' ?rs. Kavanaugh. Motion passed by voice vote with Mr. Peotter casting a NO vote. VIII NEW BUSINESS A. Request for Renewal of Five Year Lease, Smokey Stover, U. S. Survey 3467, portion thereof for Disposal Site, with letter from Environmental Conservation. The letter from Mr. Garthwait -4 was read by the Mayor, stating that the objection of the department is not with the junk autos and metals received at the site, but with the garbage and other mixed refuse being received. The letter further noted that Mr. Stover's operation is currently in violation of 18 AAC 60 in that he does not have a permit to dispose of garbage and other refuse, and the open burning practice he employes is prohibited under this regulation. Mr. Stover was in the audience and read his letter in reply to the above letter. Mr. Stover noted that for several years he had provided a service that is needed in this community, this is his home,and he intends to stay here. He indicated that he would continue to operate the disposal site in the same manner, further that he did not have rats or even mice at the site. Mrs. Kavanaugh asked if there had been any complaints from individuals and it was noted that none had been received. Mr. Anderson stated that he found it hard to believe there is a health hazard here since every- one eats there on Friday and moved to renew the lease, seconded by M. Kavanaugh. Motion passed by unanimous roll call vote. B. First Reading Ordinance No. 76 -2 -0 Extending the Boundaries of the "Unclassified" Zone to encompass Tract "J" and all the remaining portion of U. S. Survey 1678 (Russell), read by title only. Mrs. Kavanaugh moved to approval Ordinance No. 76 -2 -0 in the first reading, seconded by Mr. Lincoln. Motion passed by unanimous voice vote. C. Resolution No. 76 -1 -R Approving Final Plat - Vacation and Replat of Lot 4, Block 14, New-Kodiak Subdivision, Tidelands Tracts N -11, N -27, Portion of Survey 559 and U. S. Survey 1797, replatting to Lots 4A, 6, 7, Block 18, New Kodiak Subdivision, APA - George Vogt. read in full by the Borough Mayor. Mr. Lincoln moved for adoption of Resolution No. 76 -1 -R, seconded by Mr. Peotter, motion passed by unanimous voice vote. RIB) AftEAL'L .I7 li:v 3,:2:1 74 , 1376 Page 5 D. Resolution No. 76 -2 -R, Vacation and Replat of Lots 19, 20, 21, li 22, B ock 5, Erskine Subdivision and Replat to Lots 19A an IA ck 5, Erskine Subdivision (Swaab), read in full by the Mayor. Mr . Kavanaugh moved for adoption of Resolution 76 -2 -R, seconded by'.Mr. Anderson. It was noted that the sewer connection as requeste by the Planning Commission have been established. This is not the actual construction but the location of the sewer line and area for connection. Mrs. Kavanau h moved for ado tion of Resolution Number 76 -2 -R, seconded b Mr. Anderson, motion sassed b unanimous voice vote. E. Resolution No. 76 -5 -R, Vacation of Remainder of Lots 1 & 2, Block 52t 6, 31cck 54, East Addition to Townsite of Kodiak, Survey 2538 -B and a portion of 11th Avenue - Replat to Lot 2A, Block 52 and Lot 6a, Block 54, East Addition, read in full by the Mayor. Mr. Lincoln moved for ado tion of Resolution No. 76 -5 -R, seconded by Mrs. Kavanaugh, motion passed by unanimous vovoe vote. F. Resolution No. 76 -3 -R, Approval of Final Plat of Subdivision of Tract E -1, U. S. Survey 3218 (Pearson), read_ in full by Mayor. Mr. Lincoln moved for ado tion of ResolutioneNo. y Mr. Peotter. Motion passed by unani vote. 76 -3 -R, seconded b moos voice G. Resolution No. 76 -9 -R Establishing Amount of Payment Due from the City of Kodiak in Lieu of taxes, read in full by the Mayor. Mrs. Kavanau •h moved for adoption of Resolution No. 76 -9 -R, seconded by Mr. Anderson. Motion passed by unanimous voice vote. H. Resolution No. 76 -7 -R, Requesting the Department of Highways toProceed with the Construction of the Road from Anton Larsen Bay to Ice Free Waters, read in full by the Borough Mayor. Mr. Peotter moved for ado tion of Resolution No. 76 -7 -R, seconded b Mr.. Anderson, motion passed by unanimous voice vote. I. Resolution No. 76 -8 -R, Re•uestin• the State Le•islature to Fund 100% Public Education Foundation Program, Student Transportation, The Mini 874 Program, Community Schools and debt retirement for School Construction, read in full by the Mayor. Mr. Anderson moved for ado tion of Resolution No. 76 -8 -R, seconded b Mrs. Kavanau h. Under •iscussion o the resolution it was brought out that the State Board of Education is proposing a resolution that will call for a specific amount of Foundation Support rather than requesting 100% funding. Mr. Peotter noted that he would support the concept of the resolution but moved that the resolution be amended and secOnded fu ncoln. The o e Public Education Foundation Program, and motion question was called on the amendment passed by unanimous voice vote. Queption called.on the main motion and motion passed by unanimous voice vote. J. First Reading Ordinance No. 76 -3 -0 Relating to Acquisition , Transfer and Disposal of Personal Property and Services, read by title only. Mr. Lincoln moved for adoption of Ordinance No. 76 =3 -0 in the first reading, seconded by Mrs. Kavanaugh. Motion passed by unanimous voice vote. K. Resolution No. 76 -4 -R, Final Plat of Lot 1, Block 1, U. S. Survey 2843, Subdivision (Emmons), read in full by the Borough Mayor Mrs. Kavanaugh moved for adoption of Resolution No. 76-4-R, seconded by Mr. Anderson. Motion Passe by y unanimous voice vote. L. Memorandum from Clerk regarding Write -offs (Credits) in the amount of $16.72. Noted that previously the policy had been that anything under $5.00 was written off. The present assembly voiced a xxpayers. that . Lincoln credits ved thatdall credits of $.99 be vote. paid, seconded by Mrs. :Cavanaugh. Motion passed by unanimous voice '1 1 1 2 1 r) 9 7 KIB ASSEMBLY MEETING - JANUARY 14, 1976 Page 6 M. First Reading of Ordinance No. 76 -4 -0 Establishing a Planning De•artment, read b title onl . Mr. Lincoln moved for a••roval o Or•inance No. 76 -4 -0 in the first reading, seconded by Mr. Anderson. Motion passed by unanimous voice vote. N. Resolution No. 76 -10 -R Appointing the Seattle First National Bank as Principal Paying Agent for the Current Bond Issues, read in full by the Borough Mayor. Mr. Lincoln moved for adoption of Resolution No. 76 -10-R, seconded by Mrs. Kavanaugh. Motion passed by unanimous voice vote. IX MAYOR'S REPORT A. Ratification of Appointment of new members to the Bicentennial Commission. :Ir. Craig, read the names of the newly appointed members, Ann Barker, Susan Star - Bresette and Nancy Anderson. Mr. Lincoln moved for the ratification of the newly appointed members to the Bicentennial Commission, seconded by Mr. Anderson. Motion passed by unanimous voice vote. X ASSEMBLY COMMENTS A. Mrs. Wallin - all Borough Board B. Mr. Lincoln - deadlines - noted in each office. The assembly will be setting up meetings with and Commission in the very near future. asked if a file was maintained on projects and that the projects are listed in a tickler file Mr. Lincoln further noted that the Assembly has been derelict in their duties and responsibilities toward the Bicentennial Commission and that consideration should be given to the support of the Commission's programs as this is the B centennial Year. C. Mrs. Wallin noted that in the School Board meeting minutes the School Board has suggested a letter be sent to Mary Jo for her support in matters of public relations. The assembly agreed that such a letter should be sent from the Kodiak Island Borough and it was so ordered. D. Mr. Anderson stated that since coming into office it has been apparent that there has been a great deal of lack of management to follow thorough on commitments, such as Mr. Hansen's problem and the Chamber of Commerce and he wished to encourage the assembly to tie up all these loose ends as e;:peditiously as possible and to serve this boron ;h in a more prudent and managerial manner. XI AUDIENCE COMMENTS A. Mrs. Hogan asked that the Ordinance creating a Planning Department be clarified. The Ordinance was read for the informatic of the audience. B. Mr. Cliff Davidson stated that he felt there was a paradox here in that the Assembly has just reissued a five year lease to Smokey Stover that is in direct conflict with State Laws. The Assembly noted that laws can be changed and perhaps this would bring such a change about. C. Jeannie Shank asked about the impact of the oil coming into the community and stated she thought that this was to have been on the agenda for the review of the Assembly whether or not to apply for funding for a study on the impact. The assembly noted that this was not on the agenda due to an over sight and that a letter of intent will be mailed to Community & Regional Affairs stating that the Borough is interested in making application for available funding. If necessary a special meeting will be called to insure that the deadlines are met. 1 r) '1 i ) ) r l ? 7 a KIB ASSEMBLY iMEETING - JANUARY 14, 1976 Page 7 B. Mr, Richard Wamser asked about the possible closure Airpcu and whether or not losure de City or Borough. It was noted this would come the City o Kodiak and owned by the Cit that this is run b the with the City Y mad that contact should be City of garding this matter. made y re 1 E: Mr. Bob Waa a stated that he was memberg had brought up the subject surprised thet none of the Assembly and how easy would it aplace hi the several members of the Assembly that replacement would be stated by Assembly did not prerogative of the Borough be difficult, however this was the individuals in have a say in this matter, gh ereor, that the Mr. Will G and requested that the audience who voiced concern were several Assembly ogiv the firing high recommendation for the the s wing of during the past job that he has give him a very draft of the stmyear. When asked about the d time ffr the borough not t uo f t h the Comprehensive Plan Mr, Craig indicated frame for the impact in this direction. that he was F. Mr. Chandler voiced his objections to the M So might considering the hiring M as the Borough Attorney of y Y am suggested since he he felt g tf .1r. Borough could better Hancock since he is located in Kodiak and h g without conflict with cttce serv the needs of the concerns in the he area. G. Mr. Anderson stated that the Assembly too was concern the p an ing� tems of the Borough, however the firing of t planner is not really concerned about of this is not the liyapoint of direct res ponsibility ; i , e o take a wever, look at assembly will be meeting 'new to take as to whether regulations. in the near future was hether or not any t ions wou. b e the it was thought that things will be they would not Mr. Mr. Anderson r done for active or one will be a rte by the book 'll :: with verbal done for another, k and that �:!.at is al commitments, The assembly the assembly will they were deeply concerned, Y as the e in topef fect input will be received ebefore the mordinances lare 3jc'es XII AJDOURNMENT The rgeting was adjourned at 11:90 P.M. ATTEST „ Borough C er APPROVE Borough