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1973-06-07 Regular Meetingn ) '' l'1 l I t! KODIAK ISLAND BOROUGH ASSEMBLY MEETING JUNE 7, 1973 I CALL TO ORDER The meeting was called to order by Presiding Officer, Mr. Charles Powell, at 7:45 p.m. in the courtroom of the State Office Building. II ROLL CALL Present Absent Mr. Wilton White, Chairman Mr. Dennis Nelson Mr. Charles Powell, Presiding Officer Mr. Fred Brechan Mr. Ross Wood. Mr. Howard Anderson III MINUTES PROM THE PREVIOUS MEETING A. biy - Regular - May 8, 1973 B. Assembly - Special - May 21, 1973 No comments were voiced. Motion was unanimously favorable to accept these minutes. IV MINUTES FROM OTHER MEETINGS A. P {Z - Regular - May 23, 1973 B. Comprehensive Health Board - May 9, 1973 C. KIB School District - May 2 1913 and May 14, 1973 No comments were voiced on the above minutes. V COMMUNICATIONS AND CORRESPONDENCE A. Mrs. Nixon - RE: Grazing Lease - Mr. White stated that Mrs. Nixon's lease began with a lease with the Navy and when the Navy returned the land to the State, the lease did not carry on through. Mrs. Nixon has given indication that they would like to have a special use permit with the Borough. There has been some disagreement between the property owners and the cattle owners. Mr. White read Mrs. Nixon's request to the public. The cattle owners are presently proposing to fence the area in that borders the private property owners in Bells Flats. Mr. White stated that a grating lease is prima ;ily utilisation of the surface ground and asked the Borough bly's opinion on this and further stated that if we de go into a negotiation for a lease we would have to go through the State Division of Lands, who acts as our agent. The Borough has selected all the Bells Flats area, they are now occupying. Mr. Powell feels that as long as they are occupying the area we should let them continue the use. Mrs. Nixon explained the situation of trying to get a lease for her area. She stated that she wanted the five acres protected as she felt she had occupancy rights. She feels that she should get it under Grandfather rights. Mr. Powell su d that we turn it over to the Borough Attorney for the legality of enter- ing into a lease, but first we should send it to PBZ for their recommendations. Mr. White stated that we should get a legal description of the exact area of her proposed lease, then the Borough Attorney's opinion and the Planning and Zoning's opinion. B. Letter from Division of Lands RE: Tidelands Lease Applica- tion - Middle Say Fisheries - This is out in the area of Anton Larsen Bay. They are proposing to put a fish loading ramp out there. Mr. Powell stated that if they are going to build a new installation out there, we have no objections, but if it is either one of the boat ramps they are planning to use, we do have an objection. The assembly concurred. I l l 1 n 1 1 KODIAK ISLAND BOROUGH ASSEMBLY MEETING JUNE• 1973 VI PUBLIC HEARINGS VII OLD BUSINESS PAGE 2 C. Public Notice NPA - 73 -65- RE: Middle Bay Fisheries - to construct a bulkhead, fill and pier at an existing cannery facility in Middle Bay - It was noted that no other property owners will be affected by this action. Mr. Brechan moved that the Borough Assembly voice no objection to Public Notice NPA 73 -65. Seconded by Mr. Anderson. Motion passed by unanimous roll call vote. D. Public Notice NPA -73 -62 - RE: To construct fills and sewers line crossing at three locations offshore from the City of Kodiak (Potatoe Patch Lake, Tagura Road and South 6th Avenue intersect Mission Road and King Crab Inc. vicinity) Mr. Brechan moved tt -t the Borough voice no objection to Public Notice NPA - 73 -62. Seconded by Mr. Anderson. Motion passed by unanimous roll call vote. A. 2nd Reading and Public Hearing on Ordinance 73 -10 -0 - Rezoning Lots 8, 9, and 10, of Block 5 of Baranof Heights from R -2 to R -3 and. rezoning Lots 6, 7, 8, and 9, of Block 7, of Baranof Heights from R -3 to R -2.- Mr. Brechan moved for adoption of Ordinance 73 -10 -0. Seconded by Mr. Anderson. Mr. Powell closed r - „u1ar meeting add opened the public hearing. It was noted t::at registered letters were sent to the owners. The Public H aring was closed and the regular meeting recon- vened. Question called for, the motion passed by unanimous roll call vote. B. 2nd Reading and Public Hearing on Ordinance 73 -14 -0 - aaking supplemental appropriations and transferring certain appropriations within the 1972/73 budget as passed by Ordinance 72 -13 -0 - Mr. Brechan moved for adoption of Ordinance 73-14-0. Seconded by Mr. Anderson. Mr. Powell closed the regular meeting and opened the public hearing. Mr. White explained that this was the expenditure of surplus monies to have the hospital painting done (exterior and interior), fix the park- ing area for the hospital and also have the back doors fired; and a radio for the hospital and fire proof carpet put in where requested. Also included in this is a fire wall for the main school, aerial photos, codification and attorney fees for codification, chlorinator for the new swimming pool, and to fix the playground for the Ouzinkie School. Mrs. Springhill stated that the first six items, were requested by the hospital board to the Comprehensive Health Board as things that needed to be done to the hospital. Mr. Powell closed the public hearing and reconvened the regular meeting. Question bei1t called for, motion passed by unanimous roll call vote. A. Shockley /Eufemio - U.S.S. 3098 - Lots 26A -D, to be re- moved from table - Deferred until the end of *no ratililiire at which time Mike Shockley would be pr.•ent. B. Authorization for negotiated sale of portion of U. S. Survey 3468 - This is the land now occupied by Kodiak Airways where their two hangers are now situated. This is presently Borough land. Mr. Hangstefer, Building Inspector, stated that he was asked by the City Manager to look into this area. Mr. White suggested that we prepare for the sale of this land. or prepare a lease. Mr. Powell suggested that the Borough Chairman pursue this matter. Mr. White also suggested that we have an appraiser come in and appraise this land. Mr. Brechan moved that Mr. White be authorized to obtain an independent foreign appraisal and try to finish this lease or purchase arrangement as soon as possible. Seconded by Mr. Anderson. Motion passed by unanimous roll call vote. 1 1 1 2 KODIAK ISLAND BOROUGH ASSEMBLY MEETING PAGE 3 JUNE 7, 1973 C. Chairman's Conclusion of the Local Service Roads Project with Northern Exlloration Equipment Company - Mr. White stated the 1973 appraisal of the three lots in question: Lot 1 - $2125, Lot 2 - $2400 and Lot 22 - $2600. Mr. White wanted to know if Mr. Grothe wanted to buy these lots for the appraised price. We are currently holding $10,000 from his contract because of the problem of stumps being on these lots. Mr. Grothe stated that he does not want to own all of this land. Mr. White stated that we are hoping to have these lots sold this fall. He then suggested that we hold back 5O% of the appraisal price of the three lots. Mr. prothe then decided that he will take the lots. Mr. Brechan moved that Northern Exploration Equipment Company be paid the balance of the Local Service Roads Project and deduct the appraised value of the three lots and that the title be trans- ferred to him for payment of the contract. Seconded by Mr. Anderson. Motion passed by unanimous roll call vote. VIII NEW BUSINESS A. First Reading of Ordinance 73 -13 -0 - Repealing of Ordinance establishing the Akhiok Rural Fire Protection District - Mr. White explained that fourth class cities have since incorporated into second class cities and now they have the power to establish their own fire district. Mr. Anderson moved for a••roval of Ordinance 73 -13 -0 in the irst reading. Secon•e• .y Mr. Bret an. Mot on passe •y unanimous roll call vote. B. First Reading of Ordinance 73 -15 -0 - Rezoning Lots ISA, 17A, 19A, and 21A of the Allman Addition from R -1 and Unclassified to Business - This is the land by Harold Sargents, on Mill Bay Road. Mr. Brechan moved for approval of Ordinance 73 -15 -0 in the first reading,. Seconded by Mr. Anderson. Motion passed by unanimous roll call vote. OLD BUSINESS (CONTINUED) A. Shockley /Bufemio - U. S. Survey 3098, Lots 26A -D - to be removed from the table. Mr. Brechan moved that we remove the S/E Subdivision from table. Seconded by Mr. Anderson. Motion passed by unanimous roll call vote. Mr. Shockley stated that he has chemical toilets installed in the two houses and that he will empty them once a week until thq City sewer will be put in on October 1st, 1973. Mr. White stated that the building was occupied and that notification was mailed that the occupancy be terminated. Mr. White read a letter from Mr. Stone, Acting Sanitarian, regarding the S/E place on sanitation facilities and stated the facility was unsafe. ttr! Shockley gave an explanation of the situation of the holding tank. He further stated that he would like to use the chemical toilets and be able to occupy the build- ing and that to defer any action on this would create financial difficulty for them. Mr. Powell recommends that the assembly stick with the original plan for this project. Mr. Shockley agreed to put a lift station sewer in if that is what the Borough Assembly wants but he feels that this is not as effect- ive as a gravity station and that he would like to wait until October 1st when the City puts in the sewer line. Mr. Brechan suggested he meet the code and he can hook up to the City sewer line if and when it is installed. Mr. Anderson moved that Mr. Shockley cannot occupy the building until such time he hooks up to the sewer. Seconded by Mr.Anderson. Motion passed by unanimous roll call vote. I 1 E! X CHAIRMAN'S REPORT XI ASSEMBLY COMMENTS XII AUDIENCE COMMENTS XIII ADJOURNMENT 1 1 1 KODIAK ISLAND BOROUGH ASSEMBLY MEETING PAGE 4 JUNE 7, 1973 A. Mr. White stated that the office of Community and Regional Affairs will hold a meeting here in Kodiak on June 28th concerning reapportionment. Mrs. Holt stated that the meeting would be in the Law Library or the KEA auditorium because of a City Council meeting scheduled for that evening in the courtroom. Mr. Brechan asked about the status of 1 the weighted vote. Mr. White stated that we passed a resolution that the members from the city have the prerogative of a weighted vote • on areawide matters. Such matters being taxation, schools, and health and education. 8. Mr. White suggested that Tuesday, the 12th, be the date we set for a work session for the Borough budget. Mr. Powell stated that the City council was also planning on having a work session on Tuesday or Wednesday on their budget. It was suggested that we have it on the night the City Council does not have theirs. A check was to be made and the members so notified. Mr. White met with the Borough Attorney in Anchorage on the arbitration case of the Ouzinkie school. He stated that we are having to take arbitration against the architect to get some help from them. Mr. Greene, School Superintendent, stated that the material in the sewer line was not the kind specified in the contract. He further stated that the school has already sustained damage on the cleanouts. The School District is being required to cover the plastic cleanouts, and is already spending maintenance money on this particular project. The contract called for composition pipe but they put plastic piping in. Mr. Brechan stated that we should go ahead and fix the situation and then fight it out. Mr. White felt that was a good idea and that we have notified the architect that by August 1st, if they do not have it done, we will do it our- selves. Mr. White further stated that if Bob Mahoney comes in before the arbitration hearing we will have to have a work session with his and also Rolland Jones. Mr. Greene asked the assembly to address themselves to the need to have heating system in the Main School renovated. Mr. Greene stated he had been directed by the School Board to make this request. This has been discussed with the firm doing the mechinical architectural work for the new school. He further stated that we would have to have a thirty day lead for the bid proceeding and a 60 day work period. This would already go into the next school year. Mr. White suggested that we gpt this proposal in immediately. Mr. Brechan stated that he thought it was a little to much money for the convectors. . 11 SUBMITTED: APPROVED: The meeting was adjourned at 10:00 p.m. Norma L. Holt Wilton T. White Acting Bbrough Clerk Borough Chairman