1973-25 Amending Provisions of Requirements for Borrow Site Leaseserr G
KODIAK ISLAND BOROUGH
ORDINANCE NUMBER 73 -25 -0
AH AMENDINGETHE PROVISIONSLOFO
BOROU SUB- CHAPTER 1, CHAPTER 6
I OF THE BOROUGH CODE OF ORDINANCES AND RESOLUTIONS
THE REQ IREMENTS RELATING TO BOROUGH BORROW SITE LEASES.
�I
iWHE AS confusion exi4ts by virture of the fact that
� Ordinance
ii 68 -6 -0 was adopted in 1968 creating provisions
for 'Borough orrow Sites, and
j� WHEREAS 0 dinance No. 69 -8 -0 was adopted at a later
iidate amending th previous ordinance, and it was the intent
of the Assembly t repeal Ordinance No. 68 -6 -0, and
i
WHEREAS in the doption of 69 -8 -0 ertain procedures
i� necessary to operate orough Borrow Sites in the best interest
of the community were d leted,
NOW THEREFORE BE IT RDAINED HAT,
�I Section 1: Ordinance No. 8 -6 -0 as previously adopted is
j
hereby repealed.
Section 2: Section 7 A.2, S b Chapter 1, Chapter 6, is hereby
amended to read:
"The applica t shall required to maintain
excavation slopes at a rade which will stand.
The top the excavation slope may not be closer
than 10 feet to any proper or boundary line.
Excav tions are to be kept a a minimu=of 40 feet
fro the center line of existi g roads and a
m
m'nimu of 100 feet from the ban s of existinc
'streams. The stream bank line ma be established
by the Borough Engineer if necessar Stated
distances are minimums and greater di tances for
ed on
sites and locations as determined by the
Engineer.
Section 3: Section 12, Sub - Chapter 1 is hereby added to read:
"Borrow Site Leases will be granted only to licensed
contractors and /or dealers whose plant plans have
been approved by the Planning & Zoning Commission
and the Borough Administrative Staff."
Section 13, Sub - Chapter 1 is hereby added to read:
"Persons desiring materials for personal use may
apply to the Kodiak Island Borough for a free use
permit which will be issued subject to the
following conditions:
1. The permit will authorize the removal of not
to exceed one hundred (100) cubic yards per
calendar year, for personal use only.
2. The materials will be removed only from the
source designated in the permit.
3. The permit will be non - transferable, except
to a borrow site lessee.
4. Any borrow site lessee removing materials from
his site for a permit holder can present such
permit for credit along with his computations
as set forth in Section 7."
Section 4: All provisions as set forth in Ordinance No. 69 -8 -0
shall remain in full force with the additions and amendments
as set forth in this Ordinance.
Section 5: Notice of this Ordinance shall be given by
publication in the Kodiak MIRROR seven (7) days prior to the
second reading and a public hearing shall be held thereon on
the date of the second reading. This Ordinance shall become
Page TWO, Ordinance No. 73 -25 -0
effective and in full force immediately upon passage and
approval by majority vote of the Kodiak Island Borough
Assembly.
PASSED AND APPROVED THIS DAY OF , 1974.
KODIAK ISLAND BOROUGH
BY
Borough Mayor
BY
Presiding Officer
ATTEST:
Borough Clerk Treasurer
First Reading and Approval Date: December 6th, 1973
Second Reading, Public Hearing and Passage Date:
Effective Date:
Page THREE, ORDINANCE NO. 73 -25 -0
1 0 1 1 () 2 1 n ,?
KODIAK ISLAND BOROUGH ASSEMBLY MEETING PAGE 2
JANUARY 3, 1974
VI PUBLIC HEARINGS
A. Second Read
only. Mr. Powell stated that we are changing the ordinance
by adding new language. Mr Brechan moved for adoption of
Ordinance 73 -25 -0. Seconded by Mr. Nelson. Mr. Powell closed
e regular meeting and opened the public hearing. Mr. Brechan
stated that the Department of Fish and Game requires only
25 feet from banks of existing streams, which he believes is
ample enough to protect them. He also feels that the Planning
and Zoning Commission and the Administrative Staff of the
Borough are not qualified enough to tell people what kind
of machinery to use and approve plant plans. Mr. Royal Large
stated that he feels that the 100 foot minimum is tcofar and
this would cut off much of his land.- He recommends that we
do not approve this ordinance. Mr. Powell stated that if the
Borough is going to have Borrow Site, for free use, this would
mean that they would have to maintain it and that would require
hiring someone qualified to do this. We are not budgeted to
do this. He also feels that we should not have f--�a usepermits.
Mr. Earl Deater questioned the contractor license, he asked
what they meant by a contractor license, one issued by the
Borough or one issued by the State. It was noted that the
Borough does not issue contractor licenses and that this would
mean one issued by the State of Alaska. He also asked why is
a contractor's license required. He felt that this was cutting
out the little man in trying to compete with contractors.
Mr. Murl Estes asked what the fee for the free use permit was?
Mrs. Holt stated that it was 250 a square yard. Mr. Estes
felt that the 25 -30 foot minimum was enough to protect streams.
Mrs. Six Bonney asked why was the reason for changing to 100 feet?
Mrs. Holt stated that it was the recommendation of the Borough
Engineer and the Property Management Department. Mr. Powell
closed the public hearing and reconvened the regular meeting.
Question being called for. motion failed on the followinc
B.
and Public
0 rvwaiJ. a.,.vaou u,v aoyuiar. ,uve uuy ..
opened the public hearing. Mr. Powell stated that this
area covers a sufficient area to get beyond spot zoning.
No objections were voiced.' Mr. Powel11n@1o`sed th*epukic hearing
and .�rsconvened the requ�ar_Aeeting_;• Que$Nion being _caJ.lfltk.' -s
for, mpt }oh ; passed by unanimous roll ca .
VII OLD BUSINESS
A.
had -discusses the above ordinance with the Borough Attorney
and he stated that should we need an ordinance it would have
to be rewritten and that it does not affect the City's sewer
line in the Borough. Resolution No. 73 -15 -R took care of this.
Mr. Brechan moved for removal of Ordinance 73 -5 -0. Seconded
Mrs. Wallin. Motion passed by unanimous roll call vote.
B. Cost Pro os al for Census - with memo from Borough Clerk
estimat ng tha t e total cost for a new census by the
Kodiak Borough could run about $5,000. She further stated
that the cost for travel could be cut by using individuals
in the villages as counters.
() ') ; ? ! 0 2 s 1 r;
KODIAK ISLAND BOROUGH ASSEMBLY MEETING PAGE 5
VII OLD BUSINESS (continued)
B. Mr. Powell felt that we should have a cost item on a
census. He also stated that quite abit of money comes
through Shared Revenue in accordance with our population
figures. He felt that if a census was taken by the Borough,
it should be so that it will be recognized by the State and
Federal Government. This will be taken care by the Borough
Administration and brought back to the assembly.
C.
stated that they Will be coming over on non seneaulea visits
Mr. Andersnn asked how many trips are we talking about?
Mrs. Holt stated that they would be probably coming in once
a quarter. Mr. Wood stated that since we have made some changes
in the office staff, that they come once more and see if we need
quarterly visits. The visits should be included in the total
audit package, this would be saving money. Mr. Brechan moved
fhof -- --n Mn TJnnATC cmm.ccfinn Fnn fh. onAifino flm fn
VIII NEW BUSINESS
the centerline of the Road, which Mr. Hickman stated that
there would still be enough area. Motion passed by unanimous
roll call vote.
B. First Reading of Ordinance 73 -26 -0 - Rezoning the To
Blocks 4 through 8 from R -1 to R -3• It was noted that this
is the recommended area that P &Z changed. Mr. Powell noted
that Tolbert Subdivision falls on the other side of Spruce Street.
We should strike this and the Oceanview Subdivision and just
have Blocks 5 through 8, excluding Lots 1, 23 25 and 26 of Block 7,
Leite Adiition, as they are on the other side of Spruce Street.
Mr. Brechan moved for adoption of Ordinance 73-26 -0 in the
E. Determine the 1974 Population figures for the
Alaska Munici al League Dues - The figure we have
adopted is '961 which is the figure we used last