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02/05/1976KODIAK 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. 1 0 1 '1 2 ? 4 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 • n ? 1 c 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.; . ) n :1 1 2 f1 2 4 7 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. 2 r 1 2 9 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. t !) 1 1 2 r ) 2 '1 9 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