1973-05-08 Regular Meetinga
11(1111 401(1')
RODIAE ISLAND BOROUGH ASSF,SLY ` 4EETING
MAY 8, 1973
I CALL TO ORDER
The meeting was called to order by presiding officer, Az. Charles
Powell, in the Law Library, of the State Building at 7:30 P.M.
II ROLL CALL
Present Absent
Mr. Wilton white, Borough Chairman
A4r. Charles Powell, Presiding Officer
:4r. Fred Brechan
Mr. Ross Wood
Mr. Dennis Nelson
There were also about seven people in the audience.
III.'....MINUTES FROM PREVIOUS MEETING
IV MINUTES FROM OTHER MEETINGS
•
Mr. Howard Anderson
A. Assembly - Regular - April 5, 1973 - No Comments
B. Assembly - Special - April 19, 1973 - Mr. Nelson stated
that Mr. Anderson was present at this meeting but was not
listed as so. The correction was noted.
C. Assembly - Special - April 24, 1973 - No comments
Mr. Brechan moved for acceptance of the minutes as corrected.
Seconded by Mr. Nelson. Motion passed by unanimous rolVcall
vote.
A. P&Z - Regular - April 18, 1973
B. XTE lch:ol District - April 16th and April 23, 1973
C. Mental Health Board - tdarch 14, 1973
D. Comprehensive Health Board April 4, 1973
E. OEDP - April 13th and April 24th, 1973
Mr. White asked Norma Acting Borough Clerk, to give a brief
resume of Three Saints Bay discussed in the Planning & Zoning
Commission minutes. Airs. Holt stated that this was formerly
owned by the U. S. whaling Company. P&Z was asked to review this
in case they wetted it reserved as an historical site. According
to the statutes, the previous owner may buy back his land before
it is put up for auction. She also stated we have written the
Historical Society for their comments; and have not received word
as of yet. Mr. nelson stated that in the P&Z minutes they re-
quested to have a work session with Borough Assembly and he be-
lieves we should set up a date for a work session in the near
future. Mr. White stated that after we get done with the budgets
we will plan a joint work session with the Planning and Zoning
Commission end the City Council.
Mr. Nelson had a question on why the Mental Health Board agreed
to pay for the audit, but they did not accept the audit report.
Mr. White stated that in airs. Blanchard's audit, she disallowed
some title money and this is what the board is objecting to.
i9r. Mood wanted to know if the Borough received a letter from the
School along with the Old Harbor letter requesting to build a
fire hall adjacent to tho power house,since it was referred to
the Borough for action. It was noted that we have not received
a letter to this date. Mr. White noted that the committees have
become very active and one that has done an extensive job is
the Overall Economic Development Committee and they have received
recognition on this. Pseohon mo'ad to accept the above
minutes. Snconded by Mr. Nelson. notion passed by unanimous
roll call vote.
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KODIAR- .ISLAND BOROUGH ASSEMBLY MEETING
MAY 8,.1973
V COMMUNICATIONS S CORRESPONDENCE
PAGE 2
A. Letter from Lenhart Grothe RE: Requesting Lots 1, 2,
and 22, Block 4, Monashka Bay Subdivision, be put up for
bid - Mr. Grothe was in the audience as was the Borough
Assessor to make comments on this subject. Mr. Grothe
explained that he had requested permission from the Borough
Office to pile stumps on Lot 22 and it was granted. He
also dumped stumps on Lots 1 and 2, which he thought would
be okay, but apparently Lots 1 and 2 did not belong to the
Borough at the time, but since then have reverted back to
the Borough. He further stated that he cannot remove the
stumps due to the terrain of the land and it is inaccess-
ible from the highway. Because these lots were purchased
at a public auction, they must be resold the same way •
according to the Statutes. Mr. White noted that it takes
a lot of time to prepare for a public auction and because
we are having one in the fall with the Chiniak area, if it
is not too much of a problem we can wait until then to
sell these lots. Mr. Grothe then asked for an extension on
his contract. Mr. Hickman stated that he cannot see any
reason not to extend the contract. Mr. Grothe stated that
$10,000 is left on a $48,000 contract. Mr. White stated
that there should be some amount left in his contract until
the stumps are taken care of or the lots are sold. Mr.
Hickman stated if they do come up for sale we have to sell
them at Veterans preference. Mr. White stated it is the
Borough's option to sell land at Veterans' preference.
Mr. Grothe stated that he is stuck at this point to get
dirt to cover the stumps on lot 22. Mr. Powell requested
that tdr. White and Mr. Grothe should get together and go
over the contract and come up with a price to pay tor. Grothe
on his contract and put it to a question to the assembly by
memo. Mr. Nelson had a question with the sale of lots in
Port Lions. ttr. White stated that the community of Port
Lions were told that they would receive the land through
the Native Land Claims Act, so they discontinued any effort
to sell this land. tor. Wood believed that the City of
Port Lions does not have any interest in selling the land
at all. Mr. Powell stated we should ask them if they want
to put the land up for bid. Mr. Wood further stated that it
would help the economy of Port Lions if these lots were sold.
There are about 30 lots to be sold.
B. Memo from Ray Hickman, Borough Assessor - Status Report on
(1) Local Service Road Trail Program (2) Chiniak Subdivision
and Approval of Designation of Road Right of Way - Mr. Mlle
Taket1 Mr. Hickman to give a brief resume of the Chiniak
Subdivision. Mr. Hickman stated that Roy Ecklund is in
the process of surveying the land and that the Borough has
been in contact with the Highway Department with the Right
of Way for the roads. tor. Brechan asked if the 200 foot
strip was wide enough for the federal fund matching basis
and that it was usually 300 feet. :dr. Hickman stated we
could give them another 100 feet if they wanted it. There
is about 55 lots to be sold and there is roam enough for more
lots. The size range of the lots runs from 1.7 acres to
about 4.5 acres. He further stated that we are putting in
acess roads to the lots and that this would require more
than the usual 108 down payment. tor. white stated that this
would preclude the Borough from any further road maintenance.
The date of the sale is set for September or October. We
will also put up for bid lots that are available in any
other subdivision. Mr. Powell stated he would like to see
the Borough set up a standard land sale program. Mr.
Hickman gave a brief explanation on the bid for construction
of Melnitsa Lane in the Island Lake area. This bid will be
only for clearing and grubbing. We do have the money alloted
from the State, which is State acess road money. The questior
was if we have any other plans for local service roads.
Mr. White stated that 4e should probably consider some stub
rnaAq in rna .r411anaq rn earbaae sites. We are going to
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KODIAK ISLAND BOROUGH ASSEMBLY MEETING PAGE 3
MAY 8, 1973
A n order to complete the Local Service Road project on
Melnitsa Lane it will be necessary to provide a Right -of
Way and connect to the existing Island Lake Road. Mr.
Freeman had previously requested 20 feet of the side of
his lot and now requests additional land. The area is
large enough to allow sale of land to Mr. Freeman for a
• standard size lot and allow for adequate Right -of -Way for
future planning. Mr. Powell stated we should draw up the
paper work and bring it to.the next regular meeting and
that P &Z could also look it over at their meeting, which will
come before ours./
Mr. Hickman gave an explanation on the aerial photography
mapping. He stated that we need new tax maps and he believes
aerial photography is the best way. We will cover the town
area, Bells Flats area and the Chiniak area. It will be in
quarter sections and the scale will be 1" = 100 feet. Wer.
would have extra copies to sell to people if they wanted them.
The price for mapping these three areas is approximately
$7500. We do have funds for this, part of the money will
come from contracted services and the rest will cane from
contingency funds and if needed we have cash surplus. It .
will be primarily allocated from the Planning and Zoning
Section. Mr. Brechan moved that we proceed with the proposal
of aerial photography on mapping. Seconded by Mr. Nelson.
Motion passed by unanimous roll call vote. There was some
discussion to include Port Lions in this mapping survey for
the land sale we will have there. Mr. Hickman stated that
it would cost about $800 more at the most. Mr. Brechan
stated we could include this to the motion, since it 50
general and it was approved by the second.
C. Letter from Borough Attorney - RE: Fire Service Districtt -
This is concerninc the acquisition of fire monies from the
State on the basis of shared revenue. A call had been
received from Pat Poland in Juneau and since Larsen Bay and
Karluk were not incorporated; the Borough must make application
for Shared Revenue for their Fire Servi:.c Di,tict.A special election
to exercise the Fire District power in Larsen Bay and Karluk.
1±1 ham to bt hlda. Powell stated we should talk with the attorney about this
before we go any further. The attorney had indicated the
Borough would have to give equal funds to the Service District
is the amount received through Shared Revenue.
V2 MCC HEARINGS
A. Seeo[d Reading & Public Hearing on Ordinance 73 -7 -0 - Rezoning
an unsubdivided portion of U. S. Survey 1396 bounded on e
Northwest by Lily Lake and on the Southeast by Lots 1 thrQuuh
8 of Allman Addition to the City of Kodiak. Mr. Wood moved for
approval of Ordinance 73 -7 -0 in the Second Reading. Seconded
by Mr. Brechan. Mr. Powell closed the regular meeting and
opened the public hearing. There being no discussion, he
closed the public hearing and reconvened the regular meeting.
Motion passed by unanimous roll call vote.
Mr. Powell stated we will go to a public on the following
Ordinances:
B. Second Reading and Public Hearing On Ordinance 73 -9 -0 - Rgzoninq
Tracts "B" & '0" of U. S. Survey 1672, from Conservation o
Unclassified - Okey Chandler -
C. Second Reading & Public Hearing on Ordinance 73 -12 -0 -
Rezoning a portion of U. S. Survey 1673 and U. S. Survey 2539
which lies seaward of the Road - Gibson Cove from Conservation
to Industrial.
D. Second Readin• & Public Hearin• on Ordinance 73 -11 -0 - Amendin
Ordinance 72 -13 -0, which established the 1972 -73 bu•get by
adding thereto a section entitled Capital Projects and estab-
Ishinq an account for Federal Shared Revenue.
Mr. Wood moved for approval of Ordi nance 73 -9 -0. Secon
by Mr. Brechan. Mr. Srechan moved or approval o Or inance
73 -11 -0. Seconded by Mr. '.good. Mr. Nelson moved for approval
t 1 1 - 2
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KODIAK ISLAND BOROUGH ASSEMBLY MEETING PAGE 4
MAY 8, 1973
There were no comments on Ordinance 73 -9 -0 and Ordinance
73 -11 -0; for Ordinance 73 -12 -0 it was noted that U. S. Survey
should be 2539 instead of U. S. Survey 2532 and that we should
check with Rolland Jones on the correct Survey no. The public
hearing was closed and the regular meeting reconvened.
Question being called for on Ordinance 73 -9 -0. Motion passed
by unanimous roll call vote. Question called for on Ordinance
73 -11 -0. Motion assed by unanimous roll callvvote. Question
called on Or inance -12 -0. Motion passed by unanimous
roll call vote.
VII P6Z ITEMS
A. Resolution 73 -8 -R - Approving final plat of Woodland Acres
Subdivision, First Addition, Nachtweih - It was noted that the
people who buy the lots will have access to the recreation
area on the beach and also that no trailers will be permitted
on these lots. lir. Brechan moved for approval of Resolution
73 -8 -R. Seconded by t4r. Nelson. Motion passed by unanimous
roll call vote.
There was a five minute break. Meeting reconvened at 9:10 p.m.
VIII OLD BUSINESS
A. insurance Bid Proposals - Mr. White stated he needed the
assembly's concurrence on this bid proposal, so we will be
able to mail these bids out at this time. The bid return date
is June 15, 1973. The award will be on June 26, 1973 and the
effective date will be on July 1, 1973. We are asking that a
local agent will be represented if the bid is acquired by an
outside firm. Also an outside firm can make arrangements with
the local insurance companies if need be. This bid includes
the liability and property coverages. 14r. White believes
that a 5% differential between a local agency and an outside
firm is very nominal. Mr. Powell believes we should give the
agencies locally an 7% or 8% differential. Mr. White stated
that the Boat K -HI -C is not covered in this proposal. Mr.
Wood moved that we accept the proposal made by the Chairman
with the change of.the one paragraph - "The successful bidder
shall be required to utilize a local agency or agent as ser-
vicing agent for Borough insurance." Seconded by Mr. Nelson.
Motion passed by unanimous roll call vote.
B. Shockley /Eufemio - To be removed from table - Mr. Powell stated
that since no one was here to represent themselves it will not
be taken off the table at this time.
IX NEW BUSINESS
A. First Reading of Ordinance 73 -10 -0 - Rezoning Lots 8, 9, 10,
Block 5, of Baranof Heights from P. -2 to R -3 and rezoning lots
6, 7, 8, and 9, Block 7 of Baranof Heights from R -3 to R -2.
Mr. Brechan moved for adoption of Ordinance 73 -10 -0, in the
first reading. Seconded by Mr. Wood. Motion passed by
unanimous roll call vote.
B. Monthly Expenditure Reports for the months of February, i4arch,
and April - Mr. Nelson asked if our expenditures will be
larger than the incoming revenues. It will not be. Mr. White
stated th t he would like to see the working capital eliminated
in next years budget.
X CHAIRMAN'S REPORT
A. D -2 Lands - Mr. White stated we have received a letter from the
Department of Highway and that Gordon Edgars is in the audience
to give a brief resume on the Joint State - Federal enc
Federal Planning C97
mission which will be holding a public hearing here may 9,
on the D -2 lands. Mr. Edgers stated that the Alaska Native
on — 4111,,., acres of federal land
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KODIAK ISLAND BOROUGH ASSEMBLY MEETING PAGE 5
MAY 8, 1973
The reason for this public hearing is to gain public input
in determining which agency will control this land. They
want to know what the public wants this land used for, should
it be a restricted or individual use or should it be multi-
use. He further stated that any groups can submit recommen-
dations 14 days after the public hearing. This does not affect
any of the Kodiak area, except on Katmai area. The Forrest
Service wants to acquire 39 million acres for the National
Park. Legislature passed Resolution recommending multiple
use management.. C4r. Powell recommended that the Borough go
on record by letter that we include as much of the 80 million
acres as multiple use as possible,Assembly consurred.
B. Lot 1, Block 6 Miller Point - Mr. White explained the sitµation
about Gene Wadsworth's property. Mr. Wadsworth divided his
property and sold one portion to Dr. Falcon with the existing
house two feet over the property line onto State property,
Mr. Wadsworth has gone to the National Park Service to buy a
strip of land from them so there would no encroachment,but
they failed to sell. So Mr. Wadsworth had made an application
for a 55 -year lease for a 10 foot strip of land. Mr. Wadsworth
stated that if it was agreeable with the Borough he would pro-
ceed with the lease. He also wanted to know if he got the 10
foot strip of land would the Borough withdraw their restriction
Mr. White believes it would be reasonable to withdraw the res-
triction with the 55 year lease. If the assembly had no
objections we will withdraw our restrictions if he receives
the lease and if it is not accepted we will keep our restrictions
The assembly concurred.
C. Ouzinkie School - Mr. White stated the Ouzinkie School construc-
1 tion was still in abeyance. We are witholding $18,000 from
the contractor. We have brought arbitration against the
architect. The arbitration hearings will be held sometime in
the next 30 days and Mr. White believes they will be held in
Anchorage, We are also withholding $2000 from the electrical
part of the contract, because work is not completed as of yet.
D. Kodiak High School - The Kodiak High School project should . be
completed by September 15, 1973 and we have given them a 30
day extension at the most.
E. :4r. White explained that the sanitarian, Mr. Bob Devoi, has
resigned and that Mr. Stone, the seafood sanitarian, is taking
his place in emergencies. Mr. Allen, of Environmental Health,
stated they are in the process of appointing someone else
to take his place.
XI ASSEMBLY COMMENTS
Mr. Nelson explained that the School District has a surplus of
$155,000 and has rebudgeted $100,000 on major rehibilitation
of the main school heating system. The question arose among
the teachers as to whether this action was legal. Mr. Nelson
understood that major rehibilitation was the concern of the
Borough. The teachers felt that if the money was to be re-
budgeted, it should go in the instructional account. He would
like the Borough attorney to look into this. Mr. White ex-
plained that one of the reasons that the School budget be put
by line item in the Borough budget, is so that we would have
some control over the budgeting. Mr. White talked with Mr.
'Greene and tor. Fulp and they have agreed that the surplus money
will have to be given back to the Borough and the Borough
assembly has theprerogative of putting it back into the school
system. The school district cannot take formal action and
put the surplus money into a certain account Mr. Powell
stated we should have a work session with the School District
on the budget and hash things out. A work session was set for
May 17, 1973.
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KODIAK ISLAND BOROUGH ASSEMBLY MIEETING
MAY 8, 1973 PAGE 6
Mr. Nelson stated that he would still like to talk with
the Borough Attorney on this matter. Mr. White stated
that the Borough Attorney will be in town on the 17th and
18th of May and Mr. Nelson is welcome to come down and
talk to him.
XII AUDIENCE COMMENTS
XIII ADJOURNMENT
The meeting was adjourned at 10:15 p.m.
SUBMITTED:
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Norma L. Holt
Acting Borough Clerk
APPROVED:
k
Wilton T. White
Chairman