1976-04-01 Regular Meeting111
1 1 1 2 '1 1 1
KODIAK ISLAND BOROUGH ASSEMBLY
APRIL I, 1976
CALL TO ORDER
The meeting was called to order by Presiding Officer Betty Wallin
at 7:40 p.m. in the Borough Meeting Room, Borough Building,
Kodiak.
II ROLL CALL
Present
Mayor Robert Craig
Betty Wallin, Presiding Officer
Hal Lincoln, Deputy Presiding Officer
Sandra Kavanaugh
Michael Emmick (late arrival)
James Peotter
Leslie Anderson
Absent
Frank Peterson (excused)
Also present: Bob Greene, School Superintendent and Marolyn
Pedersen, Business Manager, School District and approximately
25 people in the audience.
MINUTES FROM PREVIOUS MEETINGS
A. Assembly Meeting - Regular - March 4, 1976
B. Assembly Meeting - Special - March 15, 1976
C. Assembly Meeting - Special - March 25, 1976
Mr. Lincoln moved for adoption of the minutes of March 4, March 15
and March 25, 1975, seconded by Mrs. Kavanaugh. Motion passed
by unanimous voice vote.
IV MINUTES FROM OTHER MEETINGS
A. Planning 6 Zoning - Special - March 3rd, and Regular Meeting
March 17, 1976
B. School Board - February 23, March 8 6 March 22, 1976
C. Bicentennial Commission - March 13, 1976
D. Health Resources Meeting - March 15, 1976
E. Kodiak - Aleutian Center - March 10 6 March 13 6 23rd, 1976
Mrs. Kavanau h moved for ado tion of the minutes as presented,
seconded by Mr. Lincoln. Motion passed by unanimous voice vote
COMMUNICATIONS AND APPEARANCE REQUESTS
A. Presentation of the 1976/77 School budget accompanied with
memorandum from Bob Greene. The memo was read by the Mayor
noting that the request this year was for $ of which
$176,085 is designated for debt service. The total budget as
proposed would be $ The Presiding Officer stated
that a work session will be set and a public hearing will be held
sometime during the last two weeks of April. (Dr. Emmick arrived)
This budget as presented would represent a 1.35 mill increase and
also a reduction in educational services.
A -I. Letter from ABC Board re: Beverage Dispensary License
Renewal for Beachcombers; Queen of the North, Inc., 2
etter rom r. Jim Williams requesting n on_ t) and a
of the 30-da o o o f the on to the waiver
30-day protest period for the relocation of t liquor license
to the McDonald's building adjacent to the Beachcombers. The
question was raised as to whether or not the waiver by the Borough
would allow the public an opportunity to voice objections to the new
KIB ASSEMBLY MEETING - APRIL 1, 1976 Page 2
location. Mrs. Kavanaugh moved for the approval of the renewal
of the license by the ABC Board for the Queen of the North, seconded
by Mr. Peotter. Motion passed by unanimous voice vote. Discussion
followed on the change of location and Mr. Lincoln moved to show
no objections to change in the protest period to provide that
all protests be filed with the ABC Board prior to April 20th,
seconded by Mrs. Kavanaugh. Motion passed by unanimous
voice vote.
B. Letter from Sven Haakanson, Mayor of Old Harbor Requesting_
Planning Powers to the be to the City Council, read in
full by the Borough Mayor. Mrs. Kavanaugh moved to grant
Planning & Zoning powers to the City of Old Harbor, seconded by
Dr. Emmick. Question called, motion passed by unanimous voice
vote. It was stated that the Assembly would hope that the Old Harbor
Council would come through the Borough's Planning & Zoning
Commission for advise.
VI PUBLIC HEARINGS
A. 2nd Reading & Public Hearing, Ordinance No. 76 -5 -0 Amending
the Code Requirements for Front Yards in an Unclassified Zone to
Conform with Requirements in other Residential Zones, read by title
only as copies were available for the members of the audience.
Mr. Lincoln moved for the adoption of Ordinance No. 76 -5 -0, seconded
by Mrs. Kavanaugh. The regular meeting was closed and public
hearing opened. The question was asked as to what would constitute
the front yard and what were present requirements; front yard is
that area between the structure and the front property line and present
set back or yard area is 50 feet. The question was called and motion
passed by unanimous roll call vote.
B. 2nd Reading & Public Hearing Ordinance No. 76 -6 -0 Establishing
Procedures for Sale, Transfer, Acquisition of Personal Property and
Services, read by title only as copies were available for the members
of the audience. Dr. Emmick moved for the adoption of Ordinance No.
76 -6 -0 seconded by Mr. Anderson. Regular meeting closed and public
hearing opened. No comments from the audience, public hearing closed,
and regular meeting reconvened. The question was called and motion passed
by the following roll call vote: Mr. Peotter YES; Mr. Lincoln NO; Mr."
- Anderson YES; Mrs. Kavanaugh NO; Dr. Emmick YES; Mrs. Wallin YES,
passed four to two.
C. 2nd Reading & Public Hearing Ordinance No. 76 -7 -0 Relating to
Per Diem and Reimbursement Allowances for Borough Employees and
Borough Officials, read in full by the Borough Mayor. Mrs. Kavanaugh
moved for adoption of Ordinance No. 76 -7 -0 seconded by Mr. Peotter. '
Regular meeting closed and public hearing opened. No comments were
received, public hearing closed and meeting reconvened. Mrs. Kavanaugh
stated that the City had recently defeated such an ircrease and that the
State's per diem was $50.00 and she would vote against this. Dr. Emmick
indicated he could appreciate the need for additional money when traveling
to other communities outside Kodiak. A study had been made recently
by Glacier State Telephone and most hotel rooms run from $35 to $43.
The question was called and motion passed with the following roll call
vote: Mr. Anderson NO; Mr. Peotter YES; Dr. Emmick YES; Mr. Lincoln
YES: Mrs. Kavanaugh NO; Mrs. Wallin YES, passed four to two.
Mr. Peotter stated that inasmuch as he voted on the prevailing
side on the previous ordinance he would move for reconsideration
and discussion, seconded by Mr. Lincoln. Debate on the motion
brought out the fact that the Assembly had requested a work
session on this ordinance and a request for a more in -depth study.
There was a question as to whether or not holding up this ordinance
would cause undue delay in administrative action. The Mayor replied
KI13 ASE1IB2Y 2EETIN_ - 2PR'L 0 I
Page 3
that the administration could still operate under the present code,
this ordinance was just a refinement of the current code. There on the changes from the previous ordinance, noted limitations were than ere wa s m the limitations on formal bids from to $1,000 for Ma that
82,500 to $3,000. This was to authority
compensate for the price increases in all areas. Noted further that
under Open Market Procedures, an addition has been made in accordance
with the request of Mr. Lincoln 'sale of all surplus, obsolete or
Personal ro
P perty shall be advertised in the local unusable
authorized to the contrary by paper unless
Y the Borough Assembly'.
The question was called on the motion to r
with a tie vote as follows: Mr_ econsid . and motion failed
ck N Anderson NO; Mrs. Kavanaugh Y
Mr, Lincoln YE M p �. —. 9 ES;
r. mmi
cotter NO; Mrs. Wallin YES
Original motion stands, Ordinance dinance No. 76 -6 -0 passed in second reading,
VII OLD BUSINESS - -
A • Review of Bids on
Sawmill Site, pro sod Lease - Submitted by Reed Oswalt,
the I posal read by the Mayor. Mr. Oswalt has requested
ease of I5 acres of land located within the Sanitary ill cury
for the purpose of construction of a sawmill. The le Landfill urvey
as ew t r ecommen d ed by the Attorney and no ease was advertised
Emmick moved to revi other proposals were
wit r he bids, seconded submitted,
• awn wit t e ap ova o t e s by es Lincoln, nation
of the land was read econ• he ass into the record noting hr's appraisal
the Is acres with access was M that we appraised
price of 10`S or 532, 500 and Mr, sod Price of
$3,250.00 per year, Mr Oswalt doposed a lease
b id o sal,, seconded b Mr. Anderson Motion b to the
ssed b unanimous
8. Engineer's Report the Property y
the Mayor. - Grothe
Ian pert Miller Point., read in f
the
ointo P neap indicated do had
Lot 2 of Block 6. Two factors were that the excavation agree-
e
ere n that a
2, adjacent own n agree -
ment had been made to provide access to
A flue Block 6, after the submittal of the original Mr, Grothe
had purchased Lot 2
minutes recess was called to review the original
the map.
Plan.
Meeting reconvened at 8: 55
of the en ic and to follow . Mr. Peotter moved
set forth a actions as recommended accept the report by
rth in the March 4th meeting enbly finds he Assembly
ee[ing and that the Ass
Grothe is outside of the on final application, se finLincoln. Motion rmit oivote. Y that Mr,
second
passed by unanimpu* voice
There was discussion on a draft submitted by the attorney regarding
Suggested conditions for permits of this nature in
and in similar areas. Mr. Lincoln moved this
IN sct.. i that the Particular area
submitted to the to me ugh B a
on this site, Assembly or inclusion in drawn and an
t----______ co by Dr. Emmick. r sed b mit issued to Mr,
_ Motion pasy u rothe
C. Review of Bids for Local Service Road Prot - Otemeloi Road Circle. Mr.
for this Craig noted that only dad and
project in the amount of l4 0 One bid had been r
road to Station 12+00 $ 8 .000.00 for construction received
Drive. 00 on Otmeloi Way and to Station 11+77 of the
This would breakdown to a cost of about 7 for
The Mayor recommended out a he Lake View
m uch for the amount that the bid be rejected per yard for rock.
i ed as he felt the
price was far too
mount of road to be constructed,
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K 18 ASSEMBLY MEETNG -APRIL 1, 1976
The maps of the area were not available and a recess was called
to allow these to be brought forward.
The documents were reviewed and Mr. Lincoln moved to reject the
bid and to instruct the engineer to provide the borough with the
approximate cost for the cost of the road in this area, seconded by
Mr. Peotter. Motion passed by unanimous voice vote.
VI11 NEW BUSINESS
by unanimous voice vote.
Page 4
A. 1st Reading Ordinance No. 76 -8 -0 Relating to Uses of Property
Associated with Removal, Excavation and Sale of Natural Resources,
read by title only. Mrs. Kavanaugh moved for adoption of Ordinance
No. 76 -8 -0 in the first reading, seconded by Mr. Lincoln. Motion
passed by unanimous voice vote.
B. First Reading Ordinance No. 76 -9 -0 Regulating Excavation of
Materials, read by title or,ly. Mrs. Kavanaugh moved for adoption of
Ordinance No. 76 -9 -0 in the first reading, seconded by Mr. Anderson,
Motion passed by unanimous voice vote.
C. First Reading Ordinance No. 76 -10 -0 Regulating Disposition of
Tree Stumps and Associated Organic Materials, read by title only.
Dr. Emmick moved for adoption of 76 -10 -0 in the first reading seconded
by Mr. Peotter. Motion passed by unanimous voice vote.
D. First Reading Ordinance No. 76 -11 -0 Regulating Severance of Conifers,
read by title only. Mrs. Kavanaugh moved for the adoption of
Ordinance No. 76 -11 -0, seconded by Mr. Peotter. A member of the
audience asked to speak to this particular ordinance and indicated that
he felt the ordinance was written wrong as it permitted the cutting of
young trees rather than the older mature ones. The question was raised
as to the origin of this ordinance and noted that this had been drafted
several years ago and at the time was considered to be rather strict.
however a change had been made to liberlize it and brought back for
review. There was both pro and con discussion on the borough's right
to regulate the number or amount of trees that one could cut on his own
private property. The feeling was expressed that this should be
brought up for public hearing in order to allow for input from other
individuals. The opposite opinion was expressed by one member and
question called and motion failed on tie vote as follows: Mr. Anderson
NO; Dr. Emmick YES: Mr. Peotter YES: Mr. Lincoln YES: Mrs. Kavanaugh
NO: Mrs. Wallin NO.
E. First Reading Ordinance No. 76 -12 -0 Regarding Allowance for
Easements for Utilities in the Road Right of Way, read by title only.
A memorandum from the Planning Commission setting forth reasons for
this recommendedchange was read by the Mayor. Dr. Emmick moved
for adoption of Ordinance No. 76 -12 -0 in the first reading, seconded
by Mr. Lincoln. Question called, motion passed by unanimous voice vote.
F. Resolution No. 76 -20 -R Approving Final Subdivision Plat,
Lot 2 6 3, Block 2, U. S. Survey 2843, George Magnusen, read
in full by the Mayor. Mr. Peotter moved for adoption of
Resolution No. 76 -20 -R, seconded by Mr. Anderson. Motion passed
+G. Resolution No. 76 -19 -R, Approving final Plat Tract G, Sub-
division, U. S. Survey 1396, R. A. Jones read by title only.
Dr. Emmick moved for adoption of Resolution No. 76 -19 -R, seconded
by Mr. Lincoln. Motion passed by unanimous voice vote.
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KIB ASSEMBLY MEETING - APRIL 1, 1976
Page 5
H . Resolution No. 76 -22 -R, Approving Final Plat of Mountain View
Subdivision 1st Addition, U. S. Survey 1678, Lee Russell, read in
part by the Mayor. The access to Tracts "L" and "M" will be drafted
and signed by adjacent property owners Dan Ogg and Cliff Davidson
in accordance with an agreement drawn by attorney Ben Hancock
and signed on February 24, 1976. Mrs. Kavanaugh moved for adoption
of Resolution No. 76 -22 -R, seconded by Dr. Emmick. Motion passed
by un •vct_: •
I. Resolution No. 76 -18 -R Declaring Lot 10, Block 6, Leite Addition
Surplus and Authorizing Conveyance to the City of Kodiak for use as
a road and apark, read in full by the Borough Mayor. Mr. Lincoln
moved for adoption of Resolution No. 76 -18 -R, seconded by Mrs.
Kavanaugh. Motion passed by unanimous voice vote. The question was
raised as to whether or not checks were made to insure that the property
wee used for the purpose as stated. N i ced that only one lot has been
transferred to date, however checks will be made.
J. Resolution No. 76 -21 -R Setting 1976 BOE Dates, May 5th, 1976,
alternate day of May 7th, 1976, read in full by the Mayor. Mrs. Kavanaugh
moved for adoption of Resolution No. 76 -21 -R, seconded by Mr. Lincoln.
Motion passed by unanimous voice vote.
K. Tax Adjustments - R -76 -2 for Mr. Alvin Nelson noting that the tax
had been posted to the wrong ledger card. Mrs. Kavanaugh moved to,
approve the tax. adjustment R -76 -2, that the correct tax should be
;6.28, seconded by Dr. Emmick. Motion passed by unanimous voice vote.
A memorandum from the Assessor was read regarding the request of
Felton Construction to waive the penalty of 675.00 on late payment of
taxes as they had requested a reconsideration on the taxes. The Assessor
stated that the period for appeal had long passed and would
not recommend the waiver. Mrs. Kavanaugh moved to waive the
penalty for Felton. Construction, seconded by Mr. Peotter. The motio
failed with a unanimous voice vote.
L. Monthly Expenditure Report, noted accepted as presented.
M. Letter from the Corps of Engineers regarding Public Notice
No. NPA 76 -60 expansion of Ursin Seafoods to construct dock.
Mr. Anderson moved to voice non - objection, seconded b Mr. Peotter,
mot on passed by unanimous voice vote
IX MAYOR's REPORT
A. OED COMMITTEE - Mayor Craig asked for the ratification of
the following names to the OED Committee, Norman Holm,
Kay Anderson and Richard Wamser. Mrs. Kavanaugh moved inn
ratification of the new appointees, seconded by Mr. Peotter.
Motion passed by unanimous voice vote.
B. MENTAL HEALTH BOARD - Mayor Craig asked for the
ratifica of the reappointment of the following members to the
Kodiak Aleutian Center's Governing Board, Guy Powell, Jim
Branson and Pat Jacobson. Mrs: Kavanaugh moved for ratification
of the members as submitted, seconds by Mr. Lincoln. Dr. Emmick
stated that perhaps the Bcard should have a change as he was sure
there were other individuals in the community that would like to have
the opportunity to serve in this capacity. The Mayor was asked why
these members were reappointed and he indicated that they were
familiar with the problems that were presently concerning the Center
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KIB ASSEMBLY MEETING - APRIL I, 1976
ASSEMBLY COMMENTS
Page 6
and he felt they would be best choice to provide the necessary solution.
The assembly members seemed to feel that there should be new blood
on the board and that the vacancies should have been advertised as
should all vacancies on all boards or commissions of the borough.
The question was called and motion failed five to one with Mr. Peotter
casting a YES vote.
C. Mayor Craig again asked the Assembly to consider Borough
participation in the selection of a new landfill site along with the City
of Kodiak and the Coast Guard Base. The request from the Borough
would amount to $8,000 and with the rental of the 15 acres in the area
of the present sanitary landfill site, this could be recouped in a very
short time. Concern was voiced by the members of the assembly as
to whether or not we would in fact be paying twice for this and the
possibility that the present site may end up being the only one available.
Dr. Emmick voiced concern over the amount of land being tied up for
this use and wondered if it is not possible to have some of the land re-
leased for higher and better use. A point was raised in that when this
subject was first brought up several years ago, it was thought that the
money would be used for the purchase or a high temperature incinerator
however nothing had been mentioned to the borough regarding this.
No action was taken on this matter.
D. Resolution No. 76 -23 -R, read in part by the Borough Mayor,
authorizing the disposition of certain nonpermanent records which have
been microfilmed for the retention period. Mrs. Kavanaugh moved for
the acceptance of Resolution NO. 76 -23 -R, seconded by Mr. Peotter.
Motion passed by unanimous voice vote.
E. Review of Carpet Bids - Mayor Craig noted that two bids had been
received, one in the amount of $5,880 from Mr. John Lucas and one in
the amount of $7,311.76 from Lloyd's Lumber. Mr. Anderson moved to
Table, seconded by Or. Emmick. Motion passed with the following
roll call vote: Mr. Peotter YES: Mr. Lincoln YES: Mrs. Kavanaugh NO;
Dr. Emmick YES; Mr. Anderson YES: Mrs. Wallin YES.
F. Mayor Craig read from the minutes of the previous meeting regarding
a Tideland Lease application by Kodiak Lumber Mills and noted that no
action was really taken. Mr. Richard Wamser was in the audience and
asked that the Assembly take some type of positive action. He noted
a resolution passed in 1973 by tho previous assembly which opposed any
processing of any timber outside the Kodiak area. The construction
of this dock would take jobs out of Kodiak as it would permit the timber
to be barged to Cook Inlet and Mr. Wamser further pointed out that this
would create navigational hazards to the fishing boats as well. When
asked whether or not the logs would be processed at the other docking
area it was indicated that no logs would be taken out of Afognak from any
area held by the Afognak Natives Corp. The Assembly voiced the
opinion that they would like to see all the logs processed here in
Kodiak, but didn't know what weight our objections would have
Dr. Emmick moved to object to the location of the dock on the
Perenosa's Timber Sale, seconded by Mr. Anderson. It was noted
that the sale has not been let as there is still litigation pending on
this matter. The question was called and motion passed. The
staff was instructed to telephone Mr. Lloyd Cavasos tomorrow as
there was a deadline for all protests to this application.
A. Mrs. Kavanaugh re OCS Commission - Mrs. Kavanaugh noted
that she was not present at the ratification of the OCS members and
that had she been present she would not hve approved of some of
the appointments.
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KIB ASSEMBLY MEETIN., - APRIL I, 1976
Page 7
Mrs. Kavanaugh asked how close the Borough was to hiring a new
planner and the Mayor indicated that an interview is scheduled for
the middle of April with a prospective employee.
Mr. Peotter stated that he had requested several times to have work
sessions and felt very strongly that a work session should be set
up during this next month for the school budget and perhaps a joint
work session with the City Council. A work session was set for the
13th of April to work on the school budget.
Mr. Lincoln asked about the update of the Comprehensive Plan which
had been scheduled for April I and felt that Mr. Grater should not
be penalized by the fact that the Borough did not have this done.
He further requested that the Planning 6 Zoning Commission review
the proposed rezoning of Mill Bay Road and advise the Assembly
whether or not this area might be business in the new update.
Mr. Lincon asked whether or not the bidders on the carpet had
state contractor's licenses. Mayor Craig stated that he did not know,
however contact had been made with the attorney to determine manner
of handling this matter. It was suggested that this contract could
well fall under the exceptions of the state law, and since this had
been tabled previously in the meeting no additional action was taken.
Dr. Emmick stated that he felt that the staff should have a better basis
of information of and that the assembly should have all the information
necessary to consider whether a bid is reasonable or not.
Mrs. Kav� asked that the proposed rezoning of Mill Bay Road
be brought back to the assembly at the next meeting for a first reading.
Mrs. Wallin asked whether or not the letter of appreciation requested
several months ago had been sent to Mary Jo Simmons. Staff was not
sure and was instructed to send same if it had not been done.
(Note: Review of the reading files indicated that the letter was mailed
January 26, 1976)
Mrs. Wallin indicated that a work session had been scheduled to meet
With Mr. Tom Sweeney regarding the borough's insurance coverages.
This will be 8:00 p.m. on the 6th of April.
X AUDIENCE COMMENTS
A. Mike Rasmussen - suggested that all ordinances concerning land
use should first be reviewed by the Planning Commission as they will
the ones required to monitor the programs. The Assembly was in full
agreement and so instructs the staff.
B. Mr. Grothe - stated that he had submitted a bid on the local service
roads project and that the engineer had ho
of about 1800 feet, however his ro Ped obtain road length
large rock area P besbl blasted for this was I cat was a
that would need to be blasted and this was located d
some 450 feet behind Mr. Schneide!s r residence.
Mr. Grotto noted that at the last Planning s Zoning Meeting the
Commission indicated that they would be following the book in
all requirements. This would mean that roads in subdivision would
1
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KIB ASSEMBLY MEETING - APRIL I, 1976 Page 8
be surfaced to a minimum width of 30 feet, this would mean a road
the same width as Rezanof. The Borough Engineer has suggested
that the roads in subdivisions be surfaced only to a width of 24
feet. It was noted that the Planning Commission is working on this
and it is anticipated that there will be changes which will allow for
different requirements for different type subdivisions. Mr. Grothe
further suggested that the Planning Commission should consider
whether the lot size should include the R.O.W.
Mr. Yeshi Benyamin asked that the assembly consider exceptions
to the regulations whereby five unrelated people are considered a
family. Mr. Benyamin explained that there is a need for housing and
that it is very difficult to turn people away when he does in fact have
room to house them. Mr. Benyamin was also referred to the Planning
Commission.
Mr. Reed Oswalt commented that the road recently constructed by the
State in Port Lions is only a 22 -foot road and that the Planning Commission
should consider those outlying areas when making a decision on the
width of the roads.
Mr. Richard Sims, from the Ad Hoc Tax Committee asked for a
meeting with the Assembly and a work session was set for April
7th, at 7: 30 p.m.
Mr. Ogg, a member of the Planning Commission suggested that the
rezoning of the Mill Bay Area might wait until the update of the
Comprehensive, however in answer to request from Mr. Lincoln
he did indicated that the Commission could possibly answer yes or
no as to whether this might be considered business in the update.
Mr. Cary Atwell indicated concern for the needed protection of the
island's environment.
Mr. Wamser stated that the area known as Swampy Areas would
soon be available and it was planned for industrial and that this
area should not be left out of the OED Plan. Mrs. Kavanaugh indicated
we were waiting for a planner and all areas would be included.
Mrs. Gellis asked that rezonings and public hearings as advertised
carry commonly used names in order that the residents will be able
to identify the specific areas involved.
XII ADJOURNMENT
Borough Clerk
The meeting was adjourned at 11:45 p.m.
ATTEST:
;%
APPROVED:
Borough Mayor
]% 7
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