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11/16/1967KODIAK RdUG ASSEMBLY MEETING - November 16, 1967 I CALL TO ORDER II ROLL CALL III MINUTES OF PREVIOUS MEETING - 11/2/67 IV OTHER MINUTES 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. Present Absent Sam Best, Borough Chairman None Mrs. Jo Hajdu, Presiding Officer Don Arndt Jlnm Barr Don Bullock Mrs. Betty Springhill Staff Members also present: Doug Prestcn, Clerk Ralph Valkama, Assessor; Jim Stansbury, Building Inspector; Harry Carter, Sanitarian; Sally Hendrix, Secretary. Mr. Bullock moved and asked unanimous consent that the minutes be approved as presented. There being no objections, it was so ordered. Mr. Barr asked if any progress had been made regarding the clearing of trees off the Monashka lots. Mr. Best stated that the matter had been turned over to the Attorney and there was no report as yet. A. P &Z - 11/8/67. There were no comments. B. Comprehensive Pla-ning & Economic Development Committee - 11/7/67. Mrs. Hajdu noted the estimated population of Kodiak and environs 1 , - by the Committee at 6000 and asked Mr. Valkama if he had obtained any further information. Mr. Valkama reported that after checking with various sources such as KEA, the schools, water service, and the assessment records, his estimate was 6000 within the City Limits, 2000 outside the City in the surrounding area, and 1000 in the villages, excluding the Military. V COMMUNICATIONS - C0R'ES'_'ONDENCE - PEOPLE TO BE HEARD A. Attorney's Opinion re Combination of Borough Chairman and Clerk /Treasurer Positions. The opinion was read stating that the Statutes provide that if the Assembly shall elect a clerk or appoint the chairman or another administrative officer to serve as the clerk. The Clerk's duties, to be performed under the supervision of the Assembly,r: -, listed. The opinion further quotes the Statutes and the Borough Code, providing for the Chairman to appoint or remove Borough employees, subject to the review of the Borough Assembly, and for what reasons they may be removed. After discussion, Mr. Bullock moved, seconded by Mr. Barr, that the Assembly does not concur with the Chairman's action of November 2, based on the Attorney's opinion, and the Clerk shall remain in his position. Mrs. Hajdu commented that perhaps this matter would bring the public's attention to the possibility of adopting the Borough Manager plan, so that it could be put on a ballot. Motion carried by unanimous roll call vote. There was discussion as to whether a personnel problem should be discussed publicly or in an executive session. Mrs. Hajdu said she thought it should be discussed in public. Mrs. Springhill and Mr. Barr thought that such a matter should be discussed in an executive session. Mr. Preston said he would just as soon have the matter discussed in public. It was pointed out that no action could be taken in an executive session, and must be done publicly. Mr. Barr made a motion, seconded by Mr. Arndt, that a ten - minute executive seesion be held before returning to open meeting, and discuss the Borough Clerk's position. Motion carried by unanimous roll call vote. A recess was called while the Assembly went into Executive Session. The meeting was then reconvened and Mrs. Hajdu reported that the Assembly discussed the action contemplated by the Borough Chairman, and with the concurrence of the Borough Chairman, the Clerk will not be terminated but will instead be given a 90-day probationary period to bring his performance where it is lacking up to those standards that are desired and that at that time if there is any reason for it or if there are any complaints about his performance, it will be reviewed. Mr. Preston stated that there is an implication that his performance is unsatisfactory. He explained that he had completed the business for which he went to Anchorage, concerning the Karluk Land Co. Certificate of Public Convenience. Mrs. Hajdu suggested that Mr. Best and Mr. Preston discus this and other matters. Mr. Barr said he felt that a lack of communication exists and that the action taken was premature. He suggested that time to work it out moy be all :.;hat is necessary. ASSEMBLY R TI G NoTember 6, 196 I 7 2 B. Bjarne Olsen re Acceptance of Hospital Bid. J. B. Warrack was the apparent low bidder at $1,030,000. Including the other increased costs, an additional $218,000 is needed over the origin]. $1,000,000 figure. The architects have offered to donate their additional fee of $5,000 to the hospital. Together with other donations, this makes a total of $35,000 donated, which provides $116,667 when matched. If the Borough can provide an additional $35,000, $116,667 would be created by matching funds, which would be sufficient and would provide a $15,334 contingency surplus. Various methods were discussed of raising the $35,000, including use of land sale funds, with a bank loan providing the necessary cash until the funds are received. Mrs. Hajdu suggested using the portion of the land sale receipts which had been earmarked for the Nuns' living quarters. Rev. Childs stated that they would prefer not to delay construction of the quarters. Mr. Barr asked if a study had been made on eliminating a substantial cost in the construction. Mr. Olsen replied that no large saving could be made in this way. He said that if cuts were made totaling more than five percent, all bids must be thrown out and the process started again. The results of a re -bid probably would not be as good as they were this time. Mrs. Springhill moved, seconded by Mr. Bullock, that the Borough Chairman be instructed to approach this in the most expedient and economical way to get funds using anticipated land sale funds. Motion carried by unanimous roll call vote. Mr. Bullock moved, seconded by Mr. Arndt, that the J. B. Warrack low bid of $1,030,000 for construction of the Kodiak Island Hospital be accepted when the necessary paper- work has been completed and that Mr. Olsen be instructed to take all the necessary steps to complete the contract. It was pointed out that use of the additional matching funds will have to be approved by Dr. Chapman, the Commissioner of the Department of Health and Welfare. Motion carried by unanimous roll call vote. C. Report from Tryck, Nyman & Hayes. A report was distributed to the Assembly of the data gathered so far. Mr. Nyman reported that the final draft of the OEDP application will be ready in the next week. This application must be submitted by January 1, in order for Kodiak to maintain a current status for receipt of EDA funds. The data gathering for the Comprehensive Plan should be completed within the next several weeks. Mrs. Hajdu asked about the population estimate and Mr. Nyman replied that they will be making a 'windshield survey,. using their map which shows every house and building in Kodiak and making a note of how many families each house contains. He felt that they would probably come up with figures similar to Mr. Valkama's. Mrs. Springhill asked if parks would be included in the Plan. It was suggested that she contact a member of the Comprehensive Planning Committee with this suggestion. Mr. Nyman assured the Assembly that they will have final approval of everything included in the Plan. Resolution 67 -34 -R Establishing Area Redevelopment Committee and Confirming Members. Mr. Nyman explained that his office had prepared this resolution, using the standard form on the EDA application. He suggested that it be reviewed by the Borough Attorney and passed at the next meeting. Mr. Bullock moved to table action opt the resolution and refer it to the Borough Attorney. Motion seconded by Mrs. Springhill and carried by unanimous voice vote. D. John Burnham. Mr. Burnham introduced the Pastor of the Assembly of God Church. The Pastor explained that the Church is located on 6 lots, and he did not feel that this property should be taxed. He stated that the Church wished to contest the 1966 and 1967 taxes. Mrs. Hajdu explained that the time limit for Board of Equalization hearings had been exceeded, and that no action could be taken until the next BOE in May, 1968. It was suggested that the Pastor speak to the Assessor about this matter. He replied that he already had. After discussion as to whether the BOE could legally be re- opened at this point, Mr. Bullock moved, seconded by Mr. Arndt, that this request be referred to the Attorney for his recommendation. Motion carried by voice vote as follows: Mrs. Hajdu - Yes Mr. Arndt - Yes; Mr. Barr - No, Mr. Bullock - Yes; Mrs. Springhill - Yes. E. Memo from Sanitarian Recommending Borough Dog Control. Memo was read recommending that the Borough hire or assign the job of dog control. Chief Rhines commented from the audience that the City dog ordinance is enforceable for 20 miles outside the City Limits, but that there is no one to enforce it in this area. It was suggested that control of dogs and rats be assigned to the same individual, and that possibly this could be assigned to the Sanitarian. After further discussion, Mr. Barr moved, seconded by Mr. Bullock, that this matter be tabled until the next meeting and a more complete recommendation be brought back from the staff at that time. Notion carried by unanimous voice vote. F. Letter from State re Taxes on Relinquished Lots. Letter was read stating that the attorney's opinion that the taxes against the lots be collected at that land sale had placed the State Division of Lands in the untenable position of being a collector of borough tax claims, and urging that this be recondidered and the taxes attach to the individuals who had lost the lots, or that they be waived. Mr. Barr moved, seconded by Mr. Bullock, to table action on this matter until the attorney is present. Motion carried by unanimous voice vote. ASSEMBLY MEETING November 26,10 G. Copy of Letter from Public Service Commission to Karluk Land Inc. re Certificate of Public Convenience and Necessity. Letter was read suggesting to Karluk Land, Inc. that they request that the area of their franchise be lessened. Mr. Best suggested that immediate action be taken on the appraisal and sale of the sewer line in USS 3469. Mr. Bullock moved that the staff take steps to contact the available engineering firms to submit estimates on the cost of the appraisal. Mr. Best explained that the firms could not submit such estimates, and that the Borough should choose a firm and negotiate with them. Mr. Barr suggested that he discuss this matter with Mr. Nyman and that they decide between them which firm will offer to do the appraisal. Mr. Bullock withdrew his original motion and moved instead that the Borough Chairman be instructed to meet with both of the engineering firms to complete the arrangements for the necessary appraisal of the Karluk Land, Inc. sewer service. Motion seconded by Mr. Arndt and carried by voice vote with Mr. Barr abstaining due to financial interest. There was a ten - minute recess. 3 H. Mr. Barr re Necessity of Being Placed on Agenda.. Mr, Barr felt that anycne wishing to speak at the assembly meetings on any matter which was nct included on the agenda should wait and be placed on the agenda for the followin g meeting, and that no requests to speak from the audience on a new subject be permitted. Mr. Bullock did not think that anyone should be denied the right to speak in this way. After some discussion, Mr. Barr moved that the Assembly not hear people unless they are on the agenda or have appealed the decision of a staff member. Notion seconded by Mrs. Springhill and failed by roll call vote as follows: Mrs.Hajdu - No Mr. Arndt - No, Mr. Bullock - No; Mr. Barr -• Yes; Mrs. Springhill - Yes. VI PUBLIC HEARINGS A. Ordinance 67-18-0 Rezoning Monashka Bay Subdivision from Conservation to Unclassified (Case 170 - -B). The ordinance was read. Mr. Barr moved, seconded by Mr. Bullock, that the ordinance be adopted in the second reading. The meeting was recessed and the public hearing opened. There were no comments and the hearing was closed and meeting reconvened. Motion carried by unanimous roll call vote. B. Ordinance 67 -19 -0 Rezoning Townsite Blk 18 Lots 19 & 20 from Urban Renewal Classifica- tion of "Water Oriented Business to Borough Classification of ''Business" _. Gottschalk, Wilson, Ball and Owens (Case 155 -D). The ordinance was read. Mrs. Springhill moved, seconded by Mr. Arndt, that the ordinance be adopted in the second reading. The meeting was recessed and public hearing opened. There were no comments and the hearing was closed and meeting reconvened. Motion carried by unanimous roll call vote. VII PLANNING & ZONING ITEMS A. Recommendation from P &Z re Request by Kodiak Land Co. for Borrow Site and Plant Site in Bells Flats. The recommendation and applicable minutes were read. Mrs. Hajdu asked why the Kodiak Land Co. was being given a preference for these sites. Mr. Best explained that a special use permit had been previously granted to them with the agreement that they would eventually be able to purchase the land. Mr. Waller stated that the agreement had originally been made in the late 1950's and that a considerable amount of money had been spent in finding the best aggregate and in putting in a road which had been left open to the public, although they did have the right to close the road. After further discussion, Mr. BArr moved, seconded by Mr. Bullock, that the land use permit for the plant site be approved with the condition that no additional land be cleared. Mr. Walser stated that this would be agreeable. Mr. Barr added to the motion, with concurrence by Mr. Bullock, 'that no additional land be cleared without prior approval of the Borough Assembly." Motion carried by unanimous voice vote. It was felt that it would not be worthwhile to select the area of the gravel sale. Mr. Barr mulled, seconded by Mr. Bullock, that the Borough Chairman direct a letter to the Division of Lands indicating non- objection to the granting of the negotiated material sale within Sections 35 and 36, T.28S., R.21W., S.M., and further that the Division of Lands be informed that the Borough has no present intentions of selecting this land. Motion carried by unanimous voice vote. VIII OLD BUSINESS A. Promotion for Location of Oceanographic Center in Kodiak 1. Letter from Mr. Hedla re Budgeting. The letter was read. 2. Budget Proposed by Committee. The budget was available to the Assembly members. It was noted that this was a different budget than had been presented to the City Council. Mr. Best suggested that the Assembly offer funds to the Committee on a matching fund basis --that the committee raise money and the Borough match these funds on a fifty fifty basis up to an agreed amount of perhaps $5,000. Mr. Bullock stated that he understood that the City Council acted on a budget a) • 1 ASSEMBLY ME 1 ETING - N 16, 1967 4 which half of the Committee members had not seen, and that he didn't think money should be put into a program which is not organizedd. He suggested that the budget receive the full committee's recommendation before it is acted upon. Mrs. Springhill commented that the brochure, which is the most urgent, has already been financed by the City and that there should be time available to make sure that this is a solid budget made up by the Committee. Mr. Bullock moved, seconded by Mrs. Springhill, that further action be tabled until a report is received from the full committee. Motion carried by unanimous voice vote. B. Trip to Ouzinkie and Old Harbor on November 18. It was reported that Ouzinkie and Old Harbor were expecting the Borough representatives. It was decided that Mr. Best, the Assembly, and the School Board President and one other School Board member would make the trip. A departure time of 8:30 a.m. was suggested. IX NEW BUSINESS A. Determination of Population for Municipal League Dues. This item was tabled until the next meeting. B. Approval of Tax Adjustments. It was pointed out that these adjustments were clear cut and not controversial. Mrs. Springhill moved, seconded by Mr. Arndt, that the Assessor's recommendations be approved. Motion carried by unanimous voice vote. C. Forgiveness of Penalty and Interest on Gerald N. Pearson Taxes. Memo from Secretary was read explaining that according to the Pearsons, someone in the Borough Office had given them an extension to pay their taxes late because this estate would not be settled by the deadline date. The bookkeeper had not been notified of this, and had charged them penalty and interest. Mrs. Hajdu suggested that this matter be referred back to the Assessor for clarification. There were no objections and it was so ordered. X CHAIRMAN'S REPORT -- None XI ASSEMBLY COMMENTS A. Discussion of Proposed Revision of Trailer Park Ordinance. P &Z has re- worked the revision, but the Ordinance Committee has not yet submitted their recommendations. It was suggested that after the Assembly, P &Z and the Ordinance Committee has gone over it, that the proposed revision be sent to the trailer park owners for their recommendations. It was pointed out that anyone is welcome to submit recommendations to the Borough Office. The Assembly work session was tabled due to the lateness of the hour. B. Mr. Bullock re Proposed Raise in Airline Fares. Mr. Bullock stated that he read in the newspaper that Northwest Airlines is asking for a fare increase from Seattle to Kodiak, Kenai, Homer and King Salmon on behalf of Western Airlines, and that the hearing has been scheduled for February 16. He suggested that the Borough write and ask to be notified of the hearing. Mr. Bullock will find the article and will turn it over to Mr. Best. XII ADJOURNMENT -- The meeting was adjourned at 11:45 p.m. ATTEST: APPROVED: g c,/,( 61- Douglas G✓ Pres n, Clerk /Treasurer G. S. est, Borough Chairman PERSONAL PROPERTY ADJUSTMENTS # NAME &ADDRESS REASON 98915 -001 Waage, Clarence S. Not Here 1 /1/66 R-&,;- 16----- GweteelessT- Beenetia&- 8areIT- $ea- 894 - -Ga -4 katake -- P 67 -6 Heitman, August, Box 356, City Inside P 67 -5 Kodiak Bait Co, Box 365, City Inside P 67 -3 Pulaski, Ludwig,& Doris, Box 2642, City Military P 67 -4 Tenny, Gene & Janyce, Box 536, City Inside P 6 Kodiak Freight & Towing, Inc, Box 605, City Inside R 67 -16 R 67 -17 R 67 -18 R 67 -19 REAL PROPERTY ADJUSTMENTS Grotecloss, Bennett & Carol, Box Kizhuyak Bay Cattle, Co., B Ponchene, Herman, Box 397, City Ponchene, Herman, Box 397, City 894, City On roll by mistake Lease Cancelled Land owned by BIA Land owned by BIA AMOUNT 3.27 88 :88 2.32 96.28 16.60 29.54 95.54 243.55 28.28 33.84 145.48 58.12 265.72