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05/08/1973a 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. 0 0 1 1 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 1 0 r i 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 ) r) .1 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 1 0 1 ' 2 1 1 l 1 ,i 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. 1 1 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: 0 n r ' 7 Norma L. Holt Acting Borough Clerk APPROVED: k Wilton T. White Chairman