1976-02-05 Regular MeetingKODIAK ISLAND BOROUGH ASSEMBLY
FEBRUARY 5, 1976
CALL TO ORDER
The meeting was called to order by Presiding Officer Betty Wallin
at 7: 30 p.m., in the Meeting Room, Borough Building, Kodiak.
II ROLL CALL
Present
Mr. Bob Craig, Borough Mayor
Mrs. Betty Wallin, Presiding Officer
Mr. Hal Lincoln, Deputy Presiding Officer
Mrs. Sandra Kavanaugh
Mr. Les Anderson
Dr. Michael Emmick
Mr. James Peotter
Mr. Frank Peterson (late arrival 7: 35 p.m.)
Also present: approximately 15 people in the audience
III MINUTES FROM PREVIOUS MEETINGS
A. Assembly Minutes Regular Meeting - January 14, 1976
B. Assembly Minutes Special Meeting - January 28th, 1976. Dr, Emmick
noted correction, add: Dr. Emmick as being present at the January 28th
Meeting. Mr. Peotter moved to approve the minutes as corrected, seconded
by Mr. Lincoln. Motion passed by unanimous voice vote.
IV MINUTES FROM OTHER MEETINGS
A. Planning and Zoning - regular meeting - January 21, 1976
B. School Board, January 12, 1976
C. Health Resources Council - January 19, 1976
D. Mental Health Center Governing Board - January 28, 1976
Dr. Emmick asked if the newly appointed members to the Mental Health
Governing Board had been ratified by the assembly, the Mayor answered
in the affirmative. Mrs. Kavanaugh moved to approve the minutes as
received, seconded by Dr. Emmick. Motion passed by unanimous voice vote.
V CORRESPONDENCE AND APPEARANCE REQUESTS
A. Steve Cole - Request to draft Resolution requesting the Governor to
Establish a Rent Control Board for Kodiak. Mr. Cole reviewed his request,
noting that he had discussed this matter with the assembly at a worksessipn
and it was suggested that a public hearing be held sometime in March for
input into this matter. In reply to question regarding the determinations
that must be made at the state level, Mr. Cole noted that in both Fairbanks
and Anchorage this determination was made by the Assembly. In those
areas a vacancy rate of 3$ was used, however this is something that the
assembly may change if they so desire. The assembly was In agreement
that a public hearing should be held and a tentative date of March loth
• Was set. At this time tenants and landlords will be given an opportunity
f express aptnlons on this subi•et aad if en addiliewai h.arlm° ie ceded
a new date can be set at that time.
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KIB ASSEMBLY MEETING - FEBRUARY 5, 1976 Page 2
B. Dawn Erdman - Request Easement Across and Temporary Use of
Borough Land for Road to Owned Property, Lot 7 Block 2
Monashka Bay Subdivision. Ms. Erdman's letter was read requesting
use of the Borough's land until October of 1976 for the access to her
property on which she would be building a house. Mr. Chase a
property owner in the area indicated that he owned Lots 8, 9, 10 and
and he noted that he had been required to purchase additional land
in order to build his house. This was a prime residential area and
should have been one of the first to receive roads. Mr. Lee Russell
was in the audience and indicated that there was a proposed plan to
put in an access road along the platted road and this would allow
public access to the waterfront lots. Ms. Erdman stated that if this
new road were to go in , the easement requested would not be public
and further once the building had been completed she would have no
objections to using the platted roadway for access.
Mr. Lincoln moved that the Assembly grant temporary easement across
Monashka By Subdivision Lot 7, Block 2, to Dawn Erdman for purposes
of a temporary road with the condition that it be reviewed in October of
1076, seconded by Mrs. Kavanaugh. After some discussion Mr I inrnitt
with the approval of the second amended his motion to include - ant
overburden or removal of trees will be removed from that lot by the
builder. Motionpassed by unanimous voice vote.
C. Letter from ABC Board - regarding Beverage Dispensary License
and Retail License for Rendezvous. Mr, Peotter moved to grant_the .
renewal, seconded by Mr. Lincoln. Motion passed by unanimous voice
vote.
D . Appeal from Planning and Zoning Action, T_T. Jackson. The letter
from the Chairman of the Planning Commission was read stating that
the proposed plan was denied because: No written verification from the
state sanitarian had been received indicating acceptance or rejection;
No written verification from the City of Kodiak indicating their acceptance
or rejection of proposed water line hookups; eastern boundary has a
five foot set back which meets minimum code requirements, but the
commission felt a 7.5 foot set back would be more acceptable. The
Cetttmission also questioned the proposed snow removal plans. The
Commission also indicated that had Mr. Jackson not left the meeting early
some of the questions might have been answered and the park could have
received a conditional approval. Mr. Jackson noted that he did meet the
minimum requirements of the code and in some cases even exceeded those.
He stated further that he had talked with the state sanitarian and that
they had inspected the triiler park, however he did not have anything
in writing from them, only from Mr. Andregg. Noted that this letter was
dated 1969. The Clerk stated that Mr. Brighton, state sanitarian had
been in the Borough office and indicated that Mr. Kyle Cherry would be
making a determination as to whether or not the additional trailers would
be allowed to hook up to the present sewer system. Mr. Jackson stated
that the water would be no problem, he had talked with the City Manager
and he was only hooking up a fire hydrant. Mr. Lincoln moved to return
this to the Planning and Zoning for their determination, seconded by Mr.
Anderson. It was noted that Mr. Jackson should obtain the required
information regarding sewer and water hookups prior to meeting with
the commission. The question was called and motion_passed by unanimous
voice vote.
KIS ASSEMBLY MEETING - FEBRUARY 5, 1976
Page 3
E. er from KEA R equesting_Waiver of Taxes on Lot 12A,
b Kodiak Townsite from June 16_ 1975 to December 31, 1975, read in full
y the Borough Mayor The land had been purchased by KEA and
they requested the waiver of the taxes for the latter part of 1975. All
previous taxes would be paid. Mr. Lincoln moved that KEA s request
for waive _r of roperty taxes on Lot 12 q jte be
ed by Block 1, n Kodiak y unanimous
o
voice vot
granted, seconded Mrs. Kavanaugh. Motion passed b yimous
F. Tideland R.O.W. Request
placement of the sewer outfal I.
R.O.W applipytion, seconded
unanimou s roII call vote.
vl Poetic HEARING
A. 2nd Readin and Public Hearin
1975/76 Bud eta g. Ordinance 76-1-0 amending the
9 Ordinance with accompanyi g letter rom Sister Patti
regarding the payment of malpractice insurance for the hospital. The
Ordinance was read by title only as copies were available for the members
of the audience. Mr. Lincoln moved for ado lion of Ordinance No. 76 -1 -0
h seconded by M rr_on The regular meeting was closed and public
earing opened. Dr. Emmick noted that he was speaking
the public and felt that some place a line must be drawn as to ofr of
operations. It would seem that employees in the public sector are doing
very well and it is up to the members of the public to determine where the
line will be drawn. Mr. Lincoln noted concurrence with Dr. Emmick
further stating that there are needs of the community that must be taken
Into consideration, one is the hospital. This is an expensive operation
and the assembly needs to know in what direction we are going, at this
point it has not been determined how much subsidy the assembly is willing
to give. The public hearin
motion. Motion g wa s closed, and the question called on the
eyed b unanimous voice
BC -2nd2nd Radin and Public Hearing Ordinance No 76-2
Boundaries of "unclassified zone" to Encompass Tract J, 0 Ext
S. 1678 and remaining portion 1678, read title only as copies w w ervey
available for the audience. Location the he land was noted ote ere
Lincoln moved for ad on
op c f t and Mr.
etion of Ordinance No. 76 -2 -0, seconded
Anderson. No comments were made at the public hearing. b Mr.
hearing closed, question call 9• Public
Vote. ed and motion passed by unanimous uCe
C. 2nd Reading and Public H
title onl Baring, Ordinance No.76 -3 -0, read b
only. Relating to acquisition, transfer and dis y pers
property and services. Mrs. Kavanaugh moved to adopt Kodiak Island
I3orough Ordinance No. 76 -3 -0 seconded by Mr.�tfer, The
hearing was opened, no comment from the audience were received. lit
Mr. Lincoln requested that several changes be made in the ordinance
and moved to change the wordin in 3.16.030 q „
sales shall be made in the — , m rket with newspaper a v� rr'
item ° C" to be than e i h - .fi r m nt•
?d to read that thh e Mayor shall solicit written bids'
motion seconded b Mr. Peotter, Mr. Lincoln stated that he felt very
strongly that anything the borough wished to buy
announced to the general public. After lengthy discussion, the question
was called on the amendment to the ordinance, Motion failed with the
fallowin1c roll call vote__M �_ Anderson NO; ; Mrs_ Kavanaugh NO;
Mr, Peterson YES; Mr. Peotter Nth Dr. Emmick YES; Mr.
Mrs. Wallin NU vote four `JO - 'VES. Lincoln YES
- City of Kodiak. This will be for the
Dr. Eck moved to grant this tideland
by Mrs. Motion passed by
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KIB ASSEMBLY >.tr E -i ?: - 3, ; J76 u. ;g_e 4
There was discussior: on the reed for clarification of what •
would determine the 'lowest responsible' bidder and feelings
were expressed that perhaps the 'lowest bidder' should not be
part of the ordinance. It was pointed out that a performance bend
although required may not necessarily accomplish what is . needed -. _
for any' and ali,contracts: It was suggested .that this be,di cussed
laer at a worksession. Qtr.'- Peotter called for - the iq'uestion on theti
main motion motion failed a unanimous roll call vote.
D.•2nd Reading Public •Hearing Ordiannce No. 76 -4 -0 read by
titre only, establishment of a Planning Department. Mr. Lincoln • -•''
inoved for adoption of Ordinance No...76 -4 -0, seconded. by Dr..Emmick.
The public hearing was opened: One question:Was raised a.s to.
whether or not this would include health planning as the borough does
have the health power. It . was determined thatthis would include
allplann ri9 for the borough and would be ail encompassing. .The
publichearing was closed. Mr. Peotter moved that the words "and
ratified the borough assembly" be added after "Mayor, under .
Section 2.26.010, seconded by Lincoln (for purposes of discussion).
It was 'pointed - out that the Mayor as the administrative officer has the
power to appointee all employees of the borough with the exception of
those ..t isted under. A.S. 29.23.30, which allows for appointment by the
assembly (by ordinance). of the clerk, attorney, treasurer and police •
chief, or - of 'the school board members. The motion was withdrawn
with the 'approval of the second. -"
The question was called and motion passed with the following.roll call "'
vote: Mr Lincoln NO; Mr.. Peotter NO; Mr. Peterson YES; Dr. Emmick'
YES;_ Kayanaugh _NO; Mr. Anderson YES: ,Mrs; Wallin Yes -
Four Yes votes and t!.iree - ANC votes were..cast.
VII OLD BUSINESS
A. Res64Ution76-10 R.CalRngtor Special.Election; March'9,. 1976,.
QuesUOn; to be 'laced on Ballot, Shalt the KIB Beits Russian- Creek
Service'District Exercise the Road Power?" Resolutiontead in
full by the Mayor. Mrs. Kavanuagh moved for adoption of resolution
No_ 76-10 -R, seconded by Mr. Lincoln. Motion passed by voice vote,
With Mr. Peterson casting a NO vote.
B. Letter from John Carlson requesting input on H.•R. 9719 with opinion -
from the•attorney stating, that this was only for, designated property and -
concerned only the Fairbanks and Anchorage area. Noted that the
assembly will take this under advisement.
VIII NEW BUSINESS
A. Letter from Jim Williams regarding'conflict between Borough and City
Ordinances pertainig to bar closures on Election Day read in full by
the Mayor. It was noted that under the state statutes the bars are
required to be closed whenever elections are held for a candidate unless
a political subdivision exempts itself by ordinance from this requirement.
The City of Kodiak has passed the necessary ordinance and the bars are
allowed to remain Open on election day whether it be city, state or
borough elections. Cr. Er.xnick moved to send this to the attorney for
preparation of the appropriate ordinance in accordance with the request.
seconded by Mr. Petersen. The clerk read from the statutes regarding
this exemption. The question was called and motion passed by unanimous
voice vote.; .
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KIB ASSEMBLY MEETING _FEBRUARY 1 1976
Page 5
8. Letter from Reed Oswalt Regarding Leasing of a portion of
Sanit L and Fill Site for temporary saw mill location. The
application was read by the Mayor, noting that the lease is for
eleven acres, that storage sheds will be constructed. Mr. Oswalt
was present and stated that this is the same area that was
suggested in February of 1975 for the location of a saw mill under
the operation of Mr. Hansen. A member of the audience suggested
that Mr. Hansen had very good reasons for not accepting this
site and that the assembly should talk with Mr. Hansen prior to
proceeding to determine the reasons. It was noted that the area
will have to be surveyed, the cost of approximately $1,000 will
have to be paid by the lessee. Dr_Emmick moved to offer this land
for lease to Mr. oswalt for the purposes stated in his application and
proceed eed with the s urvey and appraisal and subject _ to non- objection
by the present users, seconded by Mrs. Kavanaugh. It was noted
that this would be for years with an op tion to renew, however
the assembly informed Mr. Oswalt that there would be no option to
purchase the land, that any buildings on the site would be subject
to renewal of the lease. The question was called and mot ion passed
6 L unanimous voice vote
X MAYOR'S REPORT
A. A letter from the Health Resources Council sug esting the following
names as_new members was read: Those names were presented to the
,assembly for ratification as new members. Peg Dyson, Joan Johnson,
Jeannie Keplinger, Pete Resoff, Catherine Waldal, Mrs. Joseph Kreta,
Toni Eaton, Phyllis Kissell, Beverly Sims and all are consumers.
Mr. Lincoln moved to ratify_ the names as resented the Mayor,
seconded by Dr. = - mmick. Motion passed by unanimous voice vote.
8. Th Mayor requested that Mrs. Wallin as Presiding Officer be
appointed as Mayor Pro T emp in his absence.
C. The Mayor asked direction from the Assembly on the rewriting of
the proposed Watershed Ordinance noting that he had talked with the
City Manager and it was felt that the watershed should be clearly de-
fined. Dr. Emmic'c stated that the members of the Port Lions community
felt that their own watershed was clearly defined and that the ordinance
as written was too restrictive. Mr. Anderson stated that the city water-
shed was defined, that the ordinance was not relevant and this should be
tabled until a work session and not discussed at this time. The issue
was not pursued beyond this point.
•
Dr. Emmick moved that Betty Wallin, Presiding Officer, be ap o inted as
Mayor Pro Temp, seconded_by Mrs. Kavanaugh. Motion pa s s ed by
V vote with Mrs. Wallin casting a NOvote.
XI ASSEMBLY COMMENTS
A. Mr. Peotter - 1) Would suggest that the assembly set up a work
Session as soon as possible regarding the tax study as this had been one
of the priorities established and as.yet the work session has not been set.
2) A letter has been received requesting that the Assembly consider a
school site in the Bells Flats area and Mr. Peotter urged that this be
taken under consideration soon.
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KIB ASSEMBLY MEETING - FEBRUARY 5, 1976 Page 6
3) Noted that there is a pubic hearing scheduled for the
public to have input on the recommendations of the AD HOC Tax
Committee.
4) An evening work session was discussed for the review of the
tax study and pointed out that when considering taxes the City of
Kodiak must be considered also and perhaps a joint work session
could be set up.
B. Mr. Lincoln I) requested that a proclamation be drawn either by
the Mayor or by '.he Mayor and Assembly daciar :ng March 6th as
Town Meeting Day and sponsored by the Bicentennial Commission.
All were in agreement - so ordered.
2) Mr. Lincoln requested funding for payment of per diem for Cdr.
Taylor, chairman of the Bicentennial Commission, to attend the
annual meeting in Anchorage, February 19 - 21. All state commissions
will be present. Mr. Lincoln moved to pay per diem for the Chairman
of the Bicentennial Commision to attend the annual Bicentennial
Committee meeting in Anchorage on February 19 through the 2Ist,
seconded by Mrs_Kavanaugh. Question called motion passed by
unanimous voice vote.
3) Mr. Lincoln asked about the status of the remodeling work to be
done in the Borough offices. The mayor noted that this will be put
out to bid and advertised for all or part ofthe job.
C. Dr. Emmick - extended an invitation to all that wished to join in
with the Snow Bruins week after next an the trip to Port Lions.
D. Mr. Anderson - stated that Mr. Peterson had requested at a
work session that the Mayor prepare a "state of the Borough message"
and he would like to make sure that we are proceeding on this course.
E. Mrs. Kavanaugh - supported the request for the "state of the
borough messeage" and requested that this be forthcoming within a
sitFt period of time' in order that the assembly may see in what direction
we are heading.
2) Asked how close we are to hiring a planner - the Mayor indicated that
interviews are being set up at this time.
F. Mr. Peterson - also urged that the "state of the borough message"
be developed as soon as possible and that an adequate report be made
to the assembly. He stated that he realized that the borough had four
powers but he was not sure how these poweres related to the different
committees and what those relations were to the borough assembly.
Mr. Lincoln suggested that on many items the Assembly was looking
for recommendations from the Mayor and perhaps this would help
expedi.tte some matters. Mr. Peterson again asked about the duties of
the Mayor and that portion of the statutes was read.
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KIS ASSEMBLY MEETING - FEBRUARY 5, 1976
Page 7
G. Mrs. Wallin expressed thanks for the appointment as Mayor Pro -
Temp. Also thanks were expressed to the Clerk and to the
borough secretary and clerical for the assistance given to the
Bicentennial commission.
XI AUDIENCE COMMENTS
A. Mr. Larr Graber - asked when the new planner was expected
and whether or not the proposed draft of the comprehensive plan would
be out as expected. The Mayor indicated that he did not feel that the
draft would be held up unnecessarily.
B. Mr Chase - stated that he had been at the Borough meeting for
the discussion of the watershed ordinance and although the area is
defined and there is no doubt about the location, the concern was about
the allowable usage within the area.
C. Mrs. Wi ld a Geltis asked if the Borough had received information
on the coastal zone management meetings in Juneau and if anyone from
the borough would be in attendance. It was noted that no information
has been received in the borough office. Questions were asked also
about the Bicentennial Meetings in Anchorage and how this would be
of assistance to the borough. Noted that if additional money is available
for any projects, Kodiak by being represented could have a chance at
some of the funding. No more new projects are being accepted by the
state commission at this time.
XII ADJOURNMENT
ATTEST:
There being no further business, the meeting was adjourned at
10: 50 p.m.
APPROVED:
7
Borough Clerk w '
Borough Mayor