Loading...
04/01/1976111 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, 1 ? tl 7 1' 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. t • 7 1 7 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 XI 1 l ? ' 1 1 1 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. 1 ,1 1 h 1 1 1 1 9 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 1 0 1 1 ? 0' 1 0 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 r