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04/17/1975KODIAK A;LA1ID%OR 3H ASSLM&f.Y MEETING APRIL 17, 1975 Prior to the Call to Order, the newly appointed City representatives, Mr. Murl Estes and Mr. Norman Sutliff were sworn in by the Borough Clerk. CALL TO ORDER The meeting was called to order by Deputy Presiding Officer Dr. Michael Cathey at 7:45 P.M. in the Borough Meeting Room, Borough Building, Kodiak, Alaska. II ROLL. CALL Present Dr. Michael Cathey, Deputy Presiding Officer Mr. Norman Sutliff Mr. Murl Estes Mr. Wilton T. White Absent Sven Haakanson, Presiding Officer (excused) Nicholas Pestrikoff (excused) Alex Panamaroff, Jr. (unexeusx Mr. C. C. Ross Wood, Mayor Also present: Mr. Warren Colver, Borough Attorney; Mr. Will Gariss, Borough Planner,and approximately 25 people in the audience. III MINUTES OF PREVIOUS MEETING A. Assembly - Regular Meeting - April 3. 1975. Mr. White moved that the minutes as submitted for the meeting of April 3, 1975, regular meeting of the Borough assemblLbe approved, seconded by Mr. Estes. Question called, motion passed by unanimous roll call vote. IV MINUTES OF OTHER MEETINGS - NONE V COMMUNICATIONS AND APPEARANCE REQUESTS A. Letter from PAE, Ronald Jones, A.I.A. Status of Extended Care Unit Plans (Information) 8. Letter from Arne Moe, A.I.A. for Schools (Information) C. Letter from T8K Enterprises, Studies (Information) expressing interest in Capital Projects Advising Availability of Services for D. Memo from Planner re: Major Problems of Fuel Delivery ... Storage fnr VIIUne Schools (Information) E. Letter from University of Alaska re: Funding for Publication of the Kodiak Atlas (Information - no action taken) Letter from Kenai Borough with Resolution in Opposition of HB 293 (no action taken)_ -- G. Letter from State Clearing house re: Port Lions Comprehensive Plan with reply from Borough Planner (Information) F. VI PUBLIC HEARING A. Reapportionment of Borough Assembly - Proposed apportionment Plan submitted by Dan Ogg. Mr. Ogg was in the audience and explained his plan to the members of the assembly, noting that the island would be divided into six districts, that the Assembly would be an eight member body plus one mayor elected in proportion to the population. Mr. Ogg further explained that he had used the 1974 Census and that each member would represent approximately 800 people. The districts in the KIBIASSEMBIYIM 11.1' P.7rc1 ' ;7.9 r? rage 2 City of Kodiak would follow the election districts already established, with District #1 having two members; the other districts in the City would have one member each. Three Sisters District comprised of the Mission Road Precinct which includes residents in Monahska Bay and Bells Flats and Anton Larsen Bay as well as the Chiniak Precinct would have two representatives. The Southern District, comprised of Akhiok, Karluk, Larsen Bay and Old Harbor would rate one member and the Northern District containing Ouzinkie, Port Lions and Uganik would also have one member. If the Coast Guard Base were to be included in the Borough, under this plan it would become a separate district and would be eligible for one representative. When. questioned about the Northern District with a population of only 450 at this time but still having one full repre- sentative, Mr. Ogg stated that Mr. Greene, School Superintendent had by memo advised the School Board that it is anticipated that an additional 250 families will be moving to Afognak Village. An average family has four members so this would mean an additional 1,000 people there. Mr. Ogg had originally proposed a tie - breaking vote by the Mayor, however as this would be in conflict with the Alaska Statutes he indicated that this would be withdrawn. Several questions were raised as to whether or not dual positions should be made available to the people of the City, one that would allow the assemblyman to sit both on the City Council and on Borough Assembly. Mr. Ogg expressed disagreement with this concenpt and felt that the people should be represented not the city government. Individuals in favor of this concept pointed out that there is a close relationship between the city and borough and that to keep this workable dual seats would be suggested. In answer to the question regarding the potential growth of the Northern District, Mr. Gariss answered that it would be hard to estimate at this point. Two or three plans have been submitted to the Borough and it was suggested that an additional public hearing would be needed in order to gain the necessary input. The assembly will make the decision for the plan that will be incorporated in an ordinance and placed on the ballot. Mrs. Collins noted that several alternate plans had been submitted by the League of Women Voters and requested that these be made available at the next meeting. No further comments, the public hearing was closed and the regular meeting ng reconvened. VII OLD BUSINESS A. Passage of Ordinance No. 75 -2 -0 Establishing Procedure for Record .Retention Program. The Deputy Presiding Officer noted that a public hearing had been held on this ordinance and that a motion was in order for adoption. Mr. Sutliff moved for passage of Ordinance No. 75 -2 -0, seconded by Mr. Estes. Question was called and motion passed by unanimous roll call vote. B. Passage of Ordinance No. 75 -3 -0 Amending 197405 Budget. The Deputy Presiding Officer noted that a pubic hearing had been held on this Ordinance also on April 3, 1975. Further the item had been tabled at that meeting and it would require a motion to remove for discussion. Mr. White moved that Ordinance No. 75 -3 -0 be removed from the table, seconded by Mr. Sutliff. Motion passed by unanimous roll call vote. Mr. ',Vhite moved for adoption of Ordinance No. 75 -3 -0, seconded by Mr. Sutliff. Question was asked about the capital projects under Health and Sanitation and noted that the hospital has a requiremnt to replace the existing doors for approved fire rated doors Mr. White noted that the controversy on this particular ordinance stemed from the question on the weighted vote and further on the fact that the pay raise had been approved retro active to December 1, not July I. At the meeting in January when the pay raise was passed, the Borough Mayor vetoed the action and requested pay retroactive to July I. This raise of 5110 was the , 'IBA SSEM,LY,,MEET'NG fi AtIL917,1975 Page 3 same as given to the City employees and was retroactive or effective on December 1. This is further complicated by the fact that the checks were issued prior to the passage of the ordinance. The question was called and motion failed with the following roll call vote: Mr. Estes YES; Mr. Sutliff YES; Mr. White NO; Dr. Cathey NO. C. Resolution No. 75 -6 -R Establishing_ Payment due Borough from City of Kodiak for Personal P..operty located within the City of Kodiak , memo from Borough Assessor and City Finance Director. Mr. Craig Bishop City Finance Director stated that the city was questioning the inclusion of four boats on the supplemental list which were not Kodiak boats and were in fact homeported at Seward. Although the boats did deliver some fish to the canneries here they were not considered Kodiak boats. It was noted further that the city needs to establish a policy for the 1975 tax year which will set forth the method used to determine whether or not the boats are taxable in the City limits. The City is requesting a deletion of four boats totaling $552, 670.00 valuation. Mr. White moved that the request of the City of Kodiak to delete the four boats, the Bountiful, Quingondy, Smaragd and Viking Queen from the 1974 supplemental tax roll, be approved, seconded by Mr. Sutliff. Question called, motion passed by unanimous roll call vote. Mr. White moved for the adoption of Resolution No. 75 -6 -R in the amount of $205,963.87, seconded by Mr. Sutliff. Question called, motion passed by unanimous roll call vote. D. Review and approval of Highway Department Agreement re: Rip -rap Material at Kalsin Bay and Gravel from Miller Point. The background information was given noting that the agreement calls for the exchange of material in the amount of 70,000 cubic yards of gravel for not more than 100,000 tons of Rip -rap materials. Mr. Sutliff moved for approval of the agreement, seconded by Mr. Estes. Motion passed by unanimous roll call vote. E. Resolution No. 75 -10 -R Approving_OED Progress Report for 1975. Mr. White moved for adoption of Resolution No. 75 -10 -R approving the OED Progress report for 1975, seconded by Mr Sutliff. Mr. Gariss was present and gave a resume of the requirement for such updating. He further pointed out the priorities as established by this report; Port Lions water and sewer, Monashka Dam project, marinas and motel complexes in the villages, Kodiak Industrial Park near the municipal airport; convention center in phase with the State's plan for Abercrombie Park; tourist center at Anton Larsen Bay, taking advantage of state's highway projects;. multi - purpose center in Kodiak for tourist trade and development of Near Island. Additional studies will need to be done in the future, there is a need to assess the economical potentials, techanical assistance funds are available for some of these, and further a study should be done regarding the potentials of the area at Chiniak. The question was railed and the motion passed by unanimous roll call vote. F. Resolution No. 75 -II -R Establishing 1975 BOE Date, May 5th with May 6th as an Alternate Date. Mr. Sutliff moved for adoption of dates of May 5th with an alternate date of May 6th for the BOE, seconded by Mr. White. Question was called and motion passed by unanimous roll call vote. Cniutign No. 75 -12 -R Approving fial plat of Lot 11 D, Block 7, Bells (Fearn) . Mr. White moved for adoption of Resolution approved by the Planning L , r ,,; Estes. It was noted that this has been The question was raised about a road service distract and the attorney states ,,.,. ;rtv+ut the assumption of the areawide road power the borough could not establish a service district for road service. The question was called and motion passed b unanimous roll call vote. KI nSttNtttLYYA 471 F)' ?21'_+! 7,7975! Page 1 4 H. Resolution No. 75 -13 -R Approving Final Plat of Lots 6 and 7, Block 14, Miller Point Alaska Subd., (Borough - Pugh). This was replatted to allow Mr. Pugh to have a buildable lot due to land being taken for the highway project. Mr. White moved for adoption of Resolution No. 75 -13-R, seconded by Mr. Sutliff, motion passed by unanimous roll call vote. I. Memo from Clerk Requesting Authorization for Write -off of Credits and Debits. Noted that this is a housekeeping procedure and that credits in the amount of $16.52 and debits in the amount of $90.39 are comprised of amounts under $2.00 on each account. Mr. Sutliff moved to authorize the write -offs, credits and debits, as presented, seconded by Mr. Estes. Question called, motion passed by unanimous roll call vote. J. List of Recommended names for appointment to Kodiak - Aleutian Mental Health Center. The Deputy Presiding Officer read the list of names as submitted by different organizations and interested individuals. It was noted that the Mayor would usually appoint these members and that the assembly approves, however since the Governing Board meets next week and might have difficulty in obtaining a quorum it was suggested that each assemblyman suggest a name. Further noted that KANA will not have a meeting until the 18th of April and suggested that two members be appointed tonight with the two remaining seats to be filled at a later date -. Mr. Estes moved to accept Mrs. Gaynell Hatcher and Mrs. Dorothea Bunting as members on the Governing Board, seconded by Mr. White. Motion passed by unanimous roll call vote. (NOTE -these appointments are for a three -year period) K. Letter from Martha Taylor Re: Pr posed Sa -le of Land in Russian Creek Subd., with maps of the area. The maps as requested by the Assembly were available for review. Mr. White raised the question as to whether or not there would be any objections to a subdivision of the land in question to remove the claim against lot 24. Mr. Lindholm who is presently renting the land under a fifty -five year lease stated that he would be hesitant to enter into the sale of the subdivided land without checking first with an attorney as the entire parcel had been leased to him. A check was made of the map and suggested that this could be surveyed to see whether or not improvements have been made on this portion of Lot 24. No decision was made at this particular time. A five minutes recess was declared at 9: 45 p.m. The meeting reconvened at 9:50 p.m. VIII NEW BUSINESS A. Report front Planner re Lease Applications: Elks, Moore - Henley, and Jim Wagner. Mr. Gariss noted that application for renewal of the Elk's Lodge lease had been received and that the Mayor had re- commended approval with a lease amount of $10.00 per year. This would be for a period of five years, renewaable each year. Mr. Gariss read through the development plan, one that will be conducted by the Scout Troop. This lease would not prohibit the use of the area for other community recreational programs. Mr. Gariss also discussed the lease request from Island Hoppers, requesting 20 year lease for tie -down area near the municipal airport. Mr. Gariss requested that this be delayed for a short period of time to allow an overall plat showing present and proposed uses of the area. Further noted that another lease request will be forth- coming for the placement of a sawmill in this area. The assembly asked that Mr. Gariss keep in mind that the area has been used in the past for flying activities and that it might not be compatible with a sawmill. There is an additional lease request for another tie -down AS EaBLV 12E_ 11- it 1 1 - 7 i41r5 Page 5 • area and as this request was dated August, 1974, it was noted that Mr. Ausman will be contacted to see if he is still interested in this area. The third request is for the purchase of some 19.53 acres located at Iron Creek on Raspberry Island. Mr. Gariss noted that this is in a unique area and while no present use has been established he would recommend holding off on this until a land management program has been established as requested by Mayor Wood. Mr. White moved that the Kodiak Island Borough enter into a five -year lease with the Elk's Lodge for the property identified as U. S. Survey 3465 in the Island Lake Area for utilization as a Boy Scouuttfacility far a period of five years vrith an annua, renewal clause, seconded by Mr. Sutliff. Motion passed by unanimous roll call vote. Mr. White noted that there is some urgency on the Moore- Henley requests as Kodiak - Western would like to move some of the private planes off their property. It was requested that the planner proceed with this and come back to the next borough meeting with a proposal. Mr. Gariss noted that a survey of the area would help define the existing uses and would alleviate any apprehension on his part. B. Approval of HUD '701' Planning_ Grant Application - Continuation of Present Planning Program as Established and Funded by HUD Planning Grant. Mr. Gariss noted that this application establishes an overall planning design for three years. Noting the areas of the program as follows: (1) planning for planning; (2) information needed for planning , such as population, work force, economics of the area, all to be included in one base report; (3) comprehensive panning in accordance with the Alaska Statutes and HUD requirements; (4) OED planning; (5) human resources; (6) Environmental and natural resources; (7) management and development; (8) how finance, (9) staff priorities and budget. The first option would be $30,000 grant with 1/3 being paid by local support with a second option, if the money is available, for additional $30,000 to update the Part it of the Comprehensive Plan. This update would require the services of an engineering firm. Mr. Gariss requested permission from the Assembly to comp:ete the application and to apply for both options. Mr. White moved for approval of the application for HUD 701 Planning Grant to include both options as presented by Mr. Gariss, seconded by Mr. Estes. Motion passed by unanimous roll call vote. C. Review and acceptance of Audit Proposals from Arthur Young & Company, Peat, Marwick and Mitchell, Co., and rAain LaFrentz. It was noted that Main LaFrentz has been the auditors fa. the borough for the past three years and has done a commendable job. It has been the policy in the past to change auditors about every three years. Mr. White moved for acceptance of the proposal as submitted by Peat, Marwick and Mitchell for the next three years for the Kodiak Island Borough and School District, seconded by Mr. Sutliff. Motion passed by unanimous roll call vote. D. Ordinance No. 75 -9 -EO, Emergency Ordinance Amending Chapter 2, Section 3 of the Borough Code of Ordinances read in full by the Deputy Presiding Officer. This ordinance adds the position of the Deputy 'd' Officer to those authorized to sign checks and contracts Presiding Officer -- - g for the Borough. Mr. White moved for the adoption of Emergency Ordinance No. 75 -9 -EO, seconded by Mr. Estes. Motion passed by unanimous roll call vote. E. Ordinance No. 75 -10 -EO Emergency Ordinance Adoption of the Appendix to the 1973 Uniform Building Code, read in full by the Deputy Presiding Officer. Mr. White moved for the adoption of Emergency Ordinance No. 75- 10 -EO, sec :ndec by Mr. Sutliff. Mr. Estes stated that he was XiS POSSg4StYp1E' 'fl - ffPFIIl yr i4 Page 6 hesitant to adopt any code as written, but would go along with the adoption and establishment of a committee that would work to make recommendations that would suit Kodiak. It was noted that the code does provide for a Board of Appeals and that this would take care of any changes necessary for the builders. The code is written to protect the general public and not written for the contractors. The assembly requested a list of the members of the Board of Appeals and a reactivitation of this board. It was ruither suggested that the board should not be overloaded with active contractors but perhaps someone from Mr. Jones' and Mr. Ecklund's office and some retired builders. The Question was called and motion passed by unanimous roll call vote. It was noted that this will be returned in the form of a regular ordinance as emergency ordinances are good for only ninety days. IX MAYOR'S REPORT A. Letter from M.r. Ross Wood indicating his intention to reconsider his resignation and to advise the Assembly by May 15th as to his decision. There was considerable discussion regarding the April 3rd meeting at which time the resignation was withdrawn from the agenda without the approval of the assembly. Further that at that time Mr. Haakanson stated a letter was in the mail withdrawing the resignation. To date the letter read into the record is the only one received. Mr. White stated that the Borough Mayor has indicated he will be away from Kodiak for at least another month, that this is one of the busiest times of the operation of the Borough and that the staff is operating without a leader and guidance at this time. The attorney read from the statutes the reasons that a vacancy can be declared. Mr. Sutliff moved to accept his (the Mayor's) resignation, seconded by Mr. Estes. The question was caIIPrl aid the motion passed by unanimous roll call vote. In reply to question as to the effective date, Mr. White stated that this would be effective as of this date. The members of the assembly were requested to be prepared to appoint a new Borough Mayor at the next regular meeting, May 1st, 1975. B. Reauest for Travel for Bicentennial Chairman to Attend Anchorage State Meeting. A resume was given on the local committee and the request. Mr Estes moved that the assembly authorize per diem and travel for this meeting in Anchorage and that the funds be taken from the planning account. The question was called and motion failed on the following roll call vote: Mr. White NO; Mr. Sutliff YES; Mr. Estes YES; Dr. Cathey YES. C. Resolution No. 75 -15 -R authorizing the use of HUD Discretionary funds for travel and public hearings in connection with the Borough's application. Noted that this would be a reimbursement to the general fund, further that the public hearings are a requirement in order to qualify for the funds. Mr. Estes moved for the adoption of Resolution No. 7 S -I5 -R, seconded by Mr. Sutliff. Mr. Gariss noted that the trips will also be used for an inspection trip into the fuel storage problems. Question called, the motion passed by unanimous roll call vote. X ASSEMBLY COMMENTS A. Dr. Cathay noted that the assembly had a memo for information regarding dog control and suggested that this might be something that would be reconsidered at budget time. B. Mr. White - Coastal Zone Management - noting that this was an area of concern anc that a copy of the bill as passed should be obtained for review. RIBISS`bMdLYtEr lt 414PIt 77, 7975 Page 7 C. Mr. White noted that a letter had been prepared by the planning department to the Department of Defense regarding the impact on the community with the closure of the Chiniak Tracking Station and seeking their assistance. Mr. White moved that the letter prepared to The Honorable James R. Schlesinger dated April 18 from the Kodiak Island Borough relative to the impact of closure of the Chiniak Station be mailed, seconded by Mr. Sutliff Mgtion passed by unanimous roll call vote. D. Mr. White requested that the attorney provide information on what positions of borough staff are retained by the Borough Assembly and which ones are retained by the administration. He stated there seemed to be a conflict between the statutes and the ordinances and asked that this be clarified. E. Mr. White stated that a problem exists with the fact that the Presiding Officer is not always available and this absence does cause problems in the running of the borough. All the members of the assembly were aware of the meeting set for this date and it was only due to the seating of two additional memebers that a quorum was available. It was suggested that consideration be given to this matter and discussed at the next meeting when all members will be present XII ADUIENCE COMMENTS A. Mr. Shorty Taylor asked if the borough has received a copy of HB 372 regarding the 3$ sales tax being forced on the boroughs. Noted that the assessor has received a copy and comments are being prepared. 8. Mr. Lindholm asked that along with the appeals board for the UBC that consideration be given to adoption of rules and regulations which would ease up the requirements on the building inspector in implementing the UBC. C. Mr. Jim Fisk, noted that he was in the audience representing several organizations and companies, regarding the removal of rock from the property of Mr. Grothe. He gave a background sketch on the reason for the necessity of removing rip -rap rock from this area and further noting the plan of Mr. Grothe's to build a house in this area once the land is leveled. If the company is not allowed to continue this removal it will add considerable expense to the construction company to have to go out to Anton Larsen Bay for this rock. Dr. Cathey noted that there was a certain amount of inconsistency in this, the assembly had been told some time ago that there was no monetary value here, now it is found that there is a considerable amount involved. Mr. Fisk explained that there is no money changing hands, Mr. Grothe has allowed the rock to be taken to level his lot. Several people in the area have come to an agreement with Mr. Grothe and it has been settled that Mr. Grothe will level a small area of the adjoining property at the same time and provide access to this lot. Mr. Schneider was in the audience and as a resident in the area noted concern that this project would continue year after year and that the land would never be returned to either its natural state or improved and this was the prime concern of the residents. Another concern was the operation of an industrial business in a residential zone. There was considerable discussion back and forth as to what could be done 1 ^ 2 0 0 17 n. IOB ASSEMBLY MEETING - APRIL). 7, 1975 Page it about Insuring the completion of the proposed plan. IT was suggested that a deadline be placed on the project, also that a bond be required for the cleaning up of the area. Mr. Fisk stated that his company would be there only a short time and that he could not speak for Mr. Grothe in this matter. Other areas for rip -rap were noted by Mr. Schneider one Pillar Creek, and the Highway Gravel area at Fort Abercrombie. No conclusion was reached on this however it was suggested that a time be established on the completion of the project, that a bond be required and further suggested that Mr. Grothe should be contacted to see if a solution could be worked out bat would be acceptable to all concerned. XII ADJOURNMENT The electricity went off and the meeting was adjourned at 12: 30 p.m. ATTEST: APPROVED: Norma L. Holt, Clerk aot jLL Z Michael R. Cathey, Depdty Presiding Officer