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11/02/1967: 1 1 1 1 KODIAK ISLAND BOROUGH ASSEMBLY MEETING - November 2, 1967 I CALL TO ORDER The meeting was called to order at 7:35 p.m. by Presiding Officer Jo Hajdu in the Magistrate's Courtroom, Donnelley Building, Kodiak, Alaska. II ROLL CALL Presort Si Best, Borough Chairman Mrs. Jo Hajdu, Presiding Officer Don Arndt Jim Barr Don Bullock Mrs. Betty Springhill Absent Also present: Doug Preston, Clerk: Ralph Valkama, Assessor; Jim Stansbury, Building Inspector; Roy Madsen, Attorney; Harry Carter, Seafood Sanitarian; Howard Kaiser, Gen. Sanitarian; George Vogt, Ordinance Committee Chairman; and approx. 15 people in the audience. III MINUTES OF PFEVIOUS NEETINGS A. Regular Meeting - 10/19/67. B. Special Meeting - 10/24/67. Mr. Bullock moved and asked unanimous consent that the minutes of the regular and special meetings be approved as presented. Notion seconded by Mrs. Springhill and carried by unanimous voice vote. IV OTHER MINUTES A. School Board 1. Special Meeting - 10/18/67, There were no comments. 2. Regular Meeting,- 10/30767. Mr. Best pointed out that Mrs. Cannon had been appointed as the School Board representative for the Comprehensive Planning & Ecr- -omic Development Committee, with Mr. Norton as the alternate. B. P &Z - 10/25/67. C. Comprehensive Planning & Economic Development Committee - 10/17/67 D. Hospital Board -- 11/1f367 There were no comments. V COMMUNICATIONS - CORRESPONDENCE PEOPLE TO BE HEARD A. School Board re Supplementary Budget. P"r. Schott, Mr. Norton and Mrs. presented the revised supplementary budget. It was pointed out that the intent of the Assembly was to have included the receipt of the ACS trailer court funds and the exact figure of the sale of the Down Town school. It was explained that the receipt of the ACS funds had not been included, but the down twon school sale monies were correct. Also, the anticipated amount of revenue had not been received, and so there was an overall deficit of over $100,000. However, PL 815 funds for the addition to the Elementary School are still being hoped for. Other funding for the addition was discussed. Mr. Norton stated that the Board was of the opinion that the addition is needed as socn as possible. He felt that a separate loan should be arranged for this, with a bond issue passed later on for the new high school and the village schools. Mr. Best and Mrs. Hajdu felt that everything should be combined in one bond issue. Mr. Best felt that all of the new construction should be done as soon as possible, so that it would not continually remain behind the required schedule. He also suggested that consultants be hired to help determine the costs, so that estimates would not be too low. Mrs. Hajdu felt that the village school improvements were also urgent. She suggested that since the funding of the East Elementary School addition was still in question, that this portion of the supplementary budget be omitted in order to make it balance. The $13,840 ACS funds could be added as revenue, and the $192,000 from the old school sale could be dedicated for capital outlay. After further discussion, Mr. Bullock made a motion, seconded by Mrs. Springhill, that the proposed supplementary budget be referred back to the School Board until the first Assembly meeting in December at which time the School Board may have heard more about the hoped for funds, and there will have been time to rework the supplemental budget. Motion carried by 1 9 i ! 0 1 () 4 ASSEMBLY MEETING - November 2, 1967 2 unanimous voice vote. The Assembly then discussed the possibility of borrowing the money for the Elementary School addition. Mr. Madsen stated that it could be a short term loan, and would have to be approved by the voters. It was agreed that paying off a loan in one amount would cause a large increase in the mill rate. B. Don Fenner re Kodiak Library. Mr. Fenner outlined the plans for the library and the need for additional funds. He asked if the Borough could contribute money toward the library, since it was intended that it become a Borough library. Mr. Madsen explained that we are only a second class Borough and could not legally fund the library since it is not one of the Borough's powers. Mrs. Springhill suggested that after construction had been started, people might be willing to donate toward its completion. After further discussion, Mr. made a motion, seconded by Mr. Bullock, that the Assembly go on record as not being able to support the library because it is not within the Borough's legal powers to do so. Motion carried by unanimous voice vote. C. Mr. Jackson re Trailer Court. The recent action on the court was reviewed. The four items required for the lifting of the attrition were read. The Engineer's report on the as -built plans, which included all of the requirements of the ordinance, was read. After some discussion, Mr. Arndt moved, seconded by Mrs. Springhill, that the Assembly is satisfied with compliance on Point #1, the submission of as -built plans. Mr. Barr then submitted a revision of the as- builts, on which some of the engineer's requirements had been met. Mr. Bullock asked that the motion be amended to state that the Assembly accepts the Revision #3 of the as -built plans. Mr:. Arndt so amended his motion, with Mrs. Springhill's concurrence. Motion carried by unanimous voice vote. Discussion was then held on Point #2, removal of all trailers not now out- falling through the main outfall. The sections of Mr. Stansbury's report pertaining to this matter were read. Mr. Jackson and Mr. Kaiser verified the correction of requirements on one trailer. However, there are still two trailers, on Spaces #63 and 66 which are still on septic tanks. The Sanitarian's report of November 1 was read, and Mr. Kaiser stated that the septic tanks are functioning properly and are causing no trouble whatsoever. These septic tanks would net the State requirements. Mr. Kaiser felt that Mr. Jackson is being singled out and persecuted, since all of the other existing trailer courts fail to meet the ordinance requirements. Mrs. Springhill made a motion that the rule of attrition be lifted with the stipulation that before each placement of any new trailers, prior to its placement the Sanitarian be requested to inspect the lot for sanitary sewers, water connections, etc. Mrs. Hajdu suggested that the motion be amended to include inspection by the Building Inspector also, since this is required by the ordinance. Mrs. Springhill so amended her motion, and Mr. Barr then seconded the motion. Mrs. Hajdu then suggested that the motion be further amended to include that each space must be in compliance with the Trailer Park Ordinance. Mr. Barr asked whether Mrs. Springhill intended the motion to mean new trailers or new spaces. After discussion, it was agreed that the intent was that any space, old or new, must be brought up to standards before a new trailer is being placed on it, and that once a space is approved, that will be the end of it. A break was then called in order to clarify the motion. Upon reconvening, the motion was stated as follows: Mrs. Springhill moved that the attrition be lifted with the stipulation that before any new trailers are added the space must be inspected by the Sanitarian and Building Inspector and the space must be brought up to the ordinance standards. Mr. Barr seconded the motion. Mr. Bullock inquired if the pond had been drained. Mr. Carter stated that the pond had been filled in. There had been further trouble with drainage, but a culvert has now been provided. Mr. Bullock asked if there was any hose available for the fire connections. Mr. Jackson said that there was not but that he would purchase it when money is available. It was agreed that hose was not included in the original ration for attrition, since the City was still furnishing fire protection at that time. Mr. Stansbury questioned the water supply to the two trailers on the bluff, as it was supplied by garden hose on top of the ground. Mr. Jackson replied that it had been treated with heat tape and foam rubber, and could easily be thawed out if it freezes. He also intends to wrap it with insulation. Mr. Bullock asked if the original ration for attrition was made only on Lots 4 -8 and 16, and Mr. Best replied that the motion had been made on the park, not on specific spaces. Motion carried by unanimous roll call vote. D. Request from Dewitt Fields for Inclusion of Lot 7 Block 7, Original Miller Point Subdivision, in Land Sale. This matter had been resolved and so was struck from the agenda. I " fl 1 0 ASSEMBLY MEETING - November 2, 1967 3 E. Letter from Coast Guard re Relinquishment of 54 Acres at Spruce Cape. The letter was read for information. Mr. Best will see about arranging the required survey and for maintenance of the road with the highway department. F. Correspondence re Henley Saemill at Monashka. Letter from Mr. Henley was read explaining that he had nob proceeded with removing and sawing the logs placed on the Borough lots since the money promised hirn by E &L Company to move his sawmill was never given to him. Mr. Vogt stated that the money had been taken out of escrow to be used for another investment, but was now available. M. Best stated that he had discussed the matter with the Highway Department and they feel that their contract with the E &L Company has been enforced, since the logs are off their right -of -way. After discussion, it was agreed that legal action should be taken against Studnek Construction Co. who had the clearing contract for the highway. Mr. Barr moved, seconded by Mrs. Springhill, that this matter be referred to the Attorney for immediate legal action as he and the Borough Chairman deem necessary to protect the Borough's rights. Motion carried by unanimous voice vote. Mr. Best also noted that the State Appraisers had not taken the logs into consideration when they appraised the lots for the sale. G. Letter from State Division of Lends re Acreage Available for Borough Selection. The letter was read stating that the Borough to date has a possible 52 acres to select. This information will be sent to Tryck, Nyman & Hayes for use in the Comprehensive Plan. H. Letter from Roscoe Bell re Holman Request for Extension on Land Payment. Letter was read. Mr. Arndt made a motion that the requested extension of 60 days be granted. Mr. Valkama stated that foreclosure proceedings will be begun in December, and since there are taxes du© on the prvperLy, an cxtenoivn of time on the land payment would not help unless the taxes were paid. After further discussion, Mrs. Springhill seconded Mr. Arndt's motion, which carried by roll call vote as follows: Mrs. Hajdu - Yes, Mr. Arndt - Yes; Mr. Barr - No; Mr. Bullock - Yes; Mrs. Springhill -- Yes. I. Letter from Sanitarian re Brunstad Trailer Court. Letter was read recommending that the court be closed by attrition. Mr. Carter stated that the drain field had been relocated, and one trailer had been removed, but a second one which he had requested them to remove was still there. Mr. Madsen stated that closing by attrition was actually condoning a violation of the law, since the trailers would remain until they left the court for other reasons, even if they were in violation of the Code. Mrs. Springhill thought it would be best to close the ocurt completely. Mr. Stansbury stated that spaces in ACS could be used as an emergency measure, since these spaces are located on the building site of the Vocation al School Dormitory, but the contract will not be let until next year. Mr. Carter stated that the situation was considered a threat to life, safety and welfare, and that his office would proceed no matter what the Assembly does, to move a trailer out every 30 days until the system becomes workable and the problem is eliminated. He did not feel that immediate closure was necessary, since the problem has already emisted for years and so can't really be called an emergency. After further discussion, Mr. Barr moved, seconded by Springhill, that the Assembly go on record as supporting the State Sanitarian's action and that we follow up on this with a monthly status report from him indicating whether any direct action by the Borough is required to lend effect to his actions. Motion carried by unanimous roll call vote. VI PUBLIC HEARINGS - None VII PLANNING & ZONING ITEMS A. Recommendation from P &Z re Lots in Monashka Bay Subdivision to be Withheld from Land Sale for Future Public Use. The recommendation was read that Lots 4 -7 of Block 4 be withheld as a possible future school site; and that Lots 5 and 6 of Block 5, and Lot 7 of Block 2 also be withheld for future public use. The School Board intends to look over the lots proposed for school use. Mr. Bullock moved, seconded by Mrs. Springhill, that the Assembly concur with P &Z's recommendation with the provision that favorable recommenda- tions are received from the School Board. Motion carried by unanimous voice vote. B. First Reading of Ordinance 67 - -18 -0 Rezoning Monashka Bay Subdivision from Conservation to Unclassified (Case 170 -B). The Ordinance was read by title only. Mr. Barr moved for its adoption in the first radding. Motion seconded by Mr. Bullock and carried by unanimous voice vote. _" ;a, ! 7 1 ASSEMBLY MEETING - November 2 1967 C. First Reading of Ordinance 67 -19 -0 Rezoning Townsite Blk 18 Lots 19 & 20 from Urban Renewal's Classification of "Water Oriented Business" to the Borough's Classification of "Business" - Gottschalk, Wilson, Ball and Owens The ordinance was read by title only. It was explained that this rezoning was necessary since the lots had Urban Renewal zoning but were no longer in the Project. Mrs. Springhill moved, seconded by Mr. Arndt, that the ordinance be adopted in the first reading. Motion carried by unanimous voice vote. D. Tentative Final Approval of Subdivision of Lot 14, USS 3100 - John Schreiner (Case 10 -B). After a review of the case and a study of the plat, Mr. Barr moved, seconded by Mr. Bullock, that the plat be given tentative final approval. This will give Mr. Schreiner one year in which to complete the utilities or post bond for their completion. Motion carried by unanimous voice vote. VIII OLD BUSINESS A. Resolution 67 -32 -R Requesting Annexation of Units 1 - -4 of Kadiak, Alaska Subdivision Within USS 3469. The Resolution was read. Mr. Bullock moved for its adoption. Motion seconded by Mr. Barr and carried by unanimous roll call vote. B. Borrow Sites in Bells Flats. Mr. Best reported that the State had made a verbal agreement with the Kodiak Land Co. to permit them to continue their lease for two years, during which time a metes and bounds survey could be made in order to get the lease properly defined. The area does lie within Borough selected land, and so the Borough would receive any income from the arrangement. The area would be used only as a plant site for the processing of gravel, and no further gravel would be removed. The map was studied. During discussion Mr. Barr suggested that the lease be extended for one year with the condition that no further gravel is removed. It was finally decided that this matter should receive a recommendation from P &Z before the Assembly takes final action. C. Attorney's Opinion on Taxes on Relinquished Lilts. The opinion was read stating that the taxes on these lots will remain as a lien against the lots for the years that they were being paid on, and that there will be no further taxes against them after they revert to the Borough. The taxes will be collected from the new purchasers when the lots are re -sold. IX NEW BUSINESS A. Resolution 67 -33 —R re Hospital Construction. The resolution was read guaranteeing that explosive gases will not be used in the Emergency Room of the new hospital, since a conductive floor is not being included. Mrs. Springhill moved, seconded by Mr. Arndt, that the resolution be adopted. Motion carried by roll call vote as follows: Mrs. Hajdu - No Mr. Arndt - Yes Mr. Barr - Yes; Mr. Bullock - Yes; Mrs. Springhill - Yes. B. Promotion for Location of Oceanographic Center in Kodiak. Mrs. Springhill reported that the City Council promised financial support for this purpose. They also suggested that the Borough share in this support. There was a discussion on how this could be accomplished. Mrs. Hjdu suggested that the purpose be changed to support of the Marine College and put into the Supplementary School budget. Mr. Barr suggested that Mr. Valkama be given comp time to work on the project. It was agreed that cash was needed more. Mr. Madsen suggested that the auditor be asked how best to arrange this. Mr. Valkama was requested to submit an estimate of how much will be required, and a letter of inquiry will be sent to the auditor. C. Report by Doug Preston and Ralph Valkama on Municiapl League Convention. Mr. Preston reported that he had been elected President of the Nominating Committee and Vice President of the Clerks Association. There was an informative discussion with bond people from New York, and Mr. Preston talked to the Borough bond attorneys. Mr. Preston pointed out Kodiak's lack of a brochure or booklet on Kodiak, since all the other cities had one. Mr. Preston also was a member of the State Legislative Committee, and one of the items discussed to be taken up by the legislature was the application of rules to govern the Public Service Commission, since there are none at present. Mr. Valkama reported that the Assessors Conference had made two proposals to the League. The first was for personal property taxes to be paid on vehilces when they are registered. This proposal was rejected. The second proposal was for a real estate transfer tax consisting of a nominal sum which would make it compulsory for each sale price to be reported. This would be of great value in determining correct current market values, and the ) 0 10 1 ASSEMBLY MEETING - November 2, 1967 5 League supported this proposal. Mr. Valkama was elected Vice President of the Association of Assessing Officers. Each delegate was required to give a 5- minute talk on their area, and Mr. Preston reported on the developments in Kodiak. D. Discussion of Proposed REvision of Trailer Park Ordinance. Mr. Vogt reported that the Ordinance Committee will hold a meeting on this sbbject the follow- ing week. He stated that he had been talking to various trailer park owners, and they suggested that the water and sewer requirements be spelled out as to size of pipe., etc. Also, it was suggested that a clause be included which would prohibit tenants from piling up junk outside their trailers. They also objected to having to bring up the entire court to the ordinance before expanding, and desired to meet only the basic water and sewer requirements before expansion, since the cost of meeting all the details is prohibitive. Mrs. Hajdu suggested leaving the details out altogether if they are merely decorative. Mr. Barr stated that he would highly oppose expansion of courts without their being brought up to Code first. Mrs. Hajdu agreed, and said that in this way money would continually be used for expan- sion rather than improvement of the existing portion of the court. Mr. Carter explained that the State Code is permissive, staging that various things should be done, but not that they must be done. Mr. Bullock suggested tabling further discussion on the proposed ordinance. Mr. Barr suggested that more definitions be included. The present ordinance leaves so much up to the discretion of the staff that the park owners do not know if their improvements will be approved or not X CHAIRMAN'S REPORT A. ASHA Funds for Comprehensive Plan. Mr. Best reported that he met with Mr. Crittendon and we will be receiving $10,000 toward the Plan this year and possibly more next year. B. Funds from Water Resources Division, U.S.G.S. Mr. Best reported that funds are available on a fifty -fifty matching plan basis to study water resources in the Borough. Mr. Best will request that their representative come to Kodiak to discuss the possibility of the Borough entering into an agreement with them. These funds would come out of the 1968 - budget. C. Old Harbor and Port Lions Surveys. Mr. Best reported that these surveys are being expedited. Old Harbor has been surveyed, and Port Lions is scheduled to be surveyed next summer. The only other problem remaining might be the blanket Native claims. D. Sanitarians' Salary. It was agreed that the salary supplement should be given to Mr. Carter for October and November, since the office will be covered. Mr. Carter reported that an arrangement had been made between Wilton White and Ralph Jones for the Seafood Hq. to be moved to Kodiak, and that he would be away from Kodiak for 100 days per year. However, he feels that the contacts he will make with the Military and the Food and Drug Administration will be beneficial to Kodiak also. Mr. Carter said that if the supplemental salary to the Seafood position were withdrawn, a qualified person would not take the job. The supplement for the General and Seafood Sanitarian positions was included in the budget for this fiscal year. The Assembly concurred in paying these supplements. E. Combination of Borough Chairman and Clerk/Treasurer Positions. Mr. Best reported that he had terminated the Clerk /Treasurer effective the first of next year and that he will act as Clerk /Treasurer and draw that salary. Mrs. Hajdu stated that she thought this would have to go on the ballot as the Borough Manager plan, and that if it were approved, the Assembly would appoint a Manager. She pointed out that an attempt had been made to get the question on the ballot at the last election but that not enough signatures had been obtained on the pe',: :'_ ` _ : s . Mr. Best stated that he planned on working full time at the Borough office under this arrangement. It was pointed out that the Clerk would have the right of appeal to the Assembly. It was felt that this arrangement would not be legal without an election. The Attorney was requested to submit an opinion on this matter. XI ASSEMBLY COMMENTS A. Mr. Barr re Mill Bay Road. IM9r. Barr requested that the Borough Chairman approach the State Highway Department concerning maintenance of Mill Bay Road. Mr. Best will write to them. Aaa APPROVED: G. S. Best., Borough Chairman