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09/04/1975t 7 1 1 2 7 2 =i 5 KODIAK ISLAND BOROUGH ASSEMBLY MEETING SEPTEMBER 4, 1975 I CALL 10 ORDER The meeting was called to order by Deputy Presiding Officer Cathey at 7:45 P.M. in the Borough Meeting Room, Borough Office Building, Kodiak, Alaska II ROLL ( PRESENT ABSECT ."ir. Thomas Terry, Borough Mayor Mr. Haakanson (unexcused) Dr. Michael Cathey, Presiding Officer Mr. Murl Estes Mr. Norman Sutliff Mr. Wilton White Mr. Nicholas Pestrikoff Mt. Alex Panararoff, Jr. It was rated that Mr. Haakanson had not contacted the Clerk regarding his absence and it would be recorded as unexcused. There were approximately 20 people in the audience. III MINUTES OF PREVIOUS MEErngGS A. Assembly Regular Meeting - August 7, 1975 B. Assembly Special Meeting - August 11, 1975 C. Assembly Special Meeting - August 21, 1975 D. Assembly Special electing - August 27, 1975 Mr. Sutliff moved for approval of the minutes, seconded by Mr. Panamaroff. Dr. Cathey stated that on the matter of nation for reconsideration in the August 7th minutes, it should be Item "K ", and the record should reflect this correction. The question was called and motion passed with minutes being approved as corrected. IV MINUTES OF OTHER MEETINGS A. Planning & Zoning - Regular Meeting - August 20, 1975 B. School Board - July 28th, August 11th, 1975 C. Fadiak Health Resources Council - Regular nesting - August 25, 1975 D. Bicentennial Commission Regular Meeting - August 19, 1975 E. Rbdiak Area Omnvnity Development Corporation Board of Directors Meeting July 26, 1975 ;information) The question was raised as to the Fox Fire Program referenced in the School Board Minutes, however no information was avaiLble at this particular time. The minutes were acted as presented with no additional. comments. V GDEMINIATIONS AND APPEARANCE REQUESTS A. Stem! Cole, Director of RU_RALCAP, Request Assembly Approval for :7;r1-1:717 Program Grant Application. 'Ir Cole was present and gave a resume rogram, noting that the administrative costs would be taken care of by KADC and that previously approval had been sought from the City Council for the operation of t - .e Day-Care Program in the City. However, KADC had now decided that the proysan would be an areawide program and that the sponsoring agent should be the Kodiak Island 3orough. The Borough would make the application to the state and then there would be a state approved agreement between the Borough and KADC for the operation of the program. This would fund attendato3 at the Day Center for children whose parents earned under a certain amount of money. This application would have nothing to db with the actual running of the day -care center except perhaps insure that the users were actually paying for the prai,.mn. The Day-Care Center is controlled by the Department of Health and Welfare and have their own set of rules and regulations. The Borough would have the opportunity to review and audit the books on this program at any time. Mr. White moved that the Borough agree to r the program as pertains to the Day - Care Center as will be subcontr acted to KADC, seoo drd by Mr. Pananarof It was noted that a motion had been prepared for presentation, Mr. White withdrew original motion and changed the motion to read: i o n 1 2 n 2' 7 KIB ASSEMBLY MEETING - SEPTEMBER 4, 1975 Page 2 Mr. White moved that the Kodiak Island Borough Assembly authorize the Borough Mayor to enter into a contract with the Departnent of Community and Regional Affairs and to allow the Kodiak Area Community Davelovrent Corporation (KACDC) to act as the rocal Pdninistratinq Agency for the Day Care Assistance grant, seconded by Mr. Pananarotf. Question was called and notion passed by unanimous roll call vote. VI PUBLIC HEARINGS A. 2nd Reading and Public Hearing Ordinance No. 75 -25 -0 Changing the Date of the 1975 General Election to November 4, 1975, Extending the dead- line for Filing Petitions of Candidacy to October 10, 1975, ant hanging the Polling Place for the Mission Road ( #7) Precinct to the Cammumity College. Mr. White moved for passage of Ordinance No. 75 -25-0 seoonderi by At. Estes. The regular meeting was closed and the public hearing opened. No rents were made by the audience. The public hearing was closed, regular Ming reconvened. It was noted that this change was brought about due to the fact that the Borough's proposed plan for reapportiament failed at the special election and that there was not sufficient time for a drafting of another plan, that the Community & Regional Affairs Office had been requested to reapportion the Borough and they had determined that public hearings would be necessary. This would delay the date of the election and filing of petitions. The question was called and motion passed by unanimous roll call vote. B. 2nd Reeding and Public Hearing Ordinance No. 75 -22 -0 Approving the Proposed Sob Classification Plan and Pay Rate Scale (to be ed from the table) Mr. Sutliff moved to reuove Ordinance No. 75 -22 -0 from the table, seceded b Mr. Estes. Cttion passed • unanimous roll call vote. O.ncem was that the Ass y sti had not e to have a work session with all members on this proposed ordinance and noted that the City Council had made changes in the proposed job classification of the City but had not had the opportunity to do the same with the Borough's. :4r. Sutliff roved to table the item, seconded by Mr. Pestrikoff. Motion passed by the folk roll call vote: An White YES; Mr. Estes YES; Mr. Pananarotf YES; Mr. Pestrik; Mr. Sutliff YES; Br. Cathay NO VII CID BUSINESS A. Reconsideration of Action Taken on on Zenter Subdivision (to be called up). Mr. Nhite asked that this matter taken up at this time for additional discussion It was noted that this was being reconsidered to insure that the Borough would not be placing itself in joepardy by allowing such a subdivision, one that does not have guaranteed access. It was noted however, that there is access by water or air but not by land. The State of Alaska has sold land in the past with such rotations about the lack of land access and perhaps such a notation would be acceptable. Mr. Madsen was in the audience as a representative of Mr. Zenter and noted that it had been understood that a new ordinance was to be drawn, one that would allow for recreational subdivisions. Mt. Gariss, borough planner, indicated that research had been done in this area, however the only recreational districts he could locate called for minimum lot sizes of 200,000 square ee l. Cerise pointed out however, that under the present ordinances exceptions can be made as long as there are certain requirements that are net and one is that the strict application would cause financial hardships, this has not been demonstrated in this particular case. When asked about the sanitary facilities in this subdivision, it was rated that most of the buildings there now have chenical toilets and it was pointed out that the Department of Fish and Gam should make some provisions on the public section for some type of sanitary facilities and waste disposal. Regarding the access, Mr. Gariss stated that application has been made to BIM for an easement across the grazing lease to the other side of the subdivision, however no reply has been received as yet. E vino mental Conservation has been requested to look at the subdivision to insure that the development will not interfere with the stream and sport fishing. Mr. Gariss went on to note the Department of Fish & Game's concern that without adequate control of the sewage and solid waste there will be problems with the fishing. Mr. Gariss, Department of Enviro mental Conservation and Department of Fish and Game will make an ousite inspection on the subdivision to see what must be done in terns of environental conservation. 4 4 l 0 i) 2 1 ri 2 3 1 RID ASSEMBLY MBF.rn - St?1' 4BER 4 1975 Page 3 Mr. Madsen Mr. Marisa end requested � pies of the corre p received by the Bo this be postponed until the results of the ingati,c have been obtained. There were several people in the audience who had either phased lots in the first subdivision or were hoping to purchase lots in the second subdivision and noted that they did not care that there was no road mess, and that this was indeed one of the selling points. There was discussion on whether or not allowance for an exception here would mean that allowances would have to be granted in other subdivisions located nearer to the City of Kodiak. Questions were also raised regarding the responsibility of the bridge. Doted that Mr. Stratnan does have an oka try. Me. rei there but he does not have sole right of en Gariss noted a bridge me d that on the final plat there were pryer deviations fawn the agreement with Department of Fish & Game, in that the pedestrian easement was not noted and the requirements for the maintenance of the streams. It was suggested that the plat should contain the stipulation and notation that access was not provided by land and that each ,><a should have this notatiai in it. Mr. Trite Mr. Sutliff moved to pass this subdivision and that the plat will set forth a cayenne stating that the lots are accessible only by sea or air, the is no land access, further that the deeAriallTave the Fame statement and the grantees shall sign that they recognize this and accet these provisions. The lots are also subject to a pedestrian easement of 10 foot along the mean high water line along Pshagshak River and Psbagshak Dam seconded by Mr. Estes. The enaction was called and motion passed by unanimous roll call vote. B. Letter from Pat Spartz. re: Effect of Reduction of rough Sup h Kodiak - Aleutian Center er er Prcg rams. The tayor gave a reshme o� e�� moth that the Director stated that reduction in borough support would rear that several of the center program unuid have to be reduced and that the current budget is in line with last years. There was no additional request this year. Dr. ttiver was in the audience and pointed out that he still felt there was an increase as he had requested only $€,000 Fran the borough in the previous year's budget and that this support was in competition with private business. The question was raised as to whether or -ho_ -he ;enter is billing third -party payments in an effcrt to raise the necessary local support on its own. Mr. Spartz stated that the Center had hill al out in July 1975 an amount of $3,144.25 which was =weed of third-party parents Ar. Spartz noted that the Center was L. zroetitic in sins areas, however they are y trying only to maintain the current programs. Mr. Estes moved to continue funding of the rbdiak- Aleutian Center Is last VOW in the amount of $12,000 for 1975 /7f, seconded by Mr. Panal.rorf. Mr. Spartz noted that there are programs planned for the outlyhm area Ind . that he will be meeting with Dr. McIver who has a contract with ';,;a, to go over the programs so that whatever the Center does will not , -her iap to their areas. The question was called and notion passed on the fo hawing roll call vote:Mt. Pestrikoff YES; lir. Sutliff YES; :4r. White yes: `t. Panamaroff YES; Mr. Estes YES: Dr. Cathey NO. C. Letter from Robert Sharp re: Billing for Tryck Nyman & Hayes *irk In Small Boat Harbor Project (no action - infornaticn only) D. Review of Draft Ordinance Proposing Regulations for the Sale iii se of Fireworks in the eorohnh. There was discussion on whether or rt the Aseetlywielthla read areawide or only for that area ,•its: ie cities. Mr. Pestrikoff stated that he felt it should be boroua h W L ie Ind moved for approval in the first reading of Ordinance Db. 75 -24 -, : :rt.:btting the sale or use of fireworks in the Borough and calling for the ; :b e-ent of the question on the ballot, seconded by Mr. White. Question was -filled and notion passed by unanimous roll call vote. E. Request for 55 -year Lease of Tracts A, C, E, Unit 5, Kodiak Arnold Hansen. The request was discussed, noting the conditia - -s :per which a lease of this nature can be issued and the Borough Mayor -', rested permission to proceed with the necessary paperwork for this 1P.IV. Sutliff nnvei for authuci::ation for the Bozo u h Mayor to proceed w: ale request for a fifty -five year lease for Arnold Hansen, seconded t Estes Mot passed by unanihcous roll call. vote. - - - - i 0 1 n 2 ) n 2 3 Q l(IS ASSEMBLY MEETING - SEPTEMER 4, 1975 Page 4 P. of Sale of Land to Royal Large and George Lindholm. Mr. Terry noted bat Mr. Large currently held a five -year lease on an industrial piece of ground and that he had requested to purchase this land. In accord- ance with the request of the Assembly, the land was appraised without regard to the building that is on the land and that an appraisal price of $10,550. Mr. Large was in the audience and noted that there are other approaches to appraisals and he had offered several suggestions. Mr. Whits moved that the -• • • - •r be authorized to tiate with Mr. - for the sale o P 'j s portion o Tract A, -- 1 a - rt e vrsicn" in the aoumt of $10, 50 if concensus can be readied at that figure, centime with the sale and if rot, bring this back to the next meeting, seconded by Mr. Pestrikoff. Motion passed by meniscus - roll call vote. Mr. Terry noted that Mr. Lindholm had requested to purchase the land he is currently leasing under a fifty -five year lease. This property has a different status in that the purchase price is the appraised price at the time the lease was entered into, however there is a stipulation that the development plan under which the lease was issued must have been completed. The appraised price is $9,300 for the three lots located in Russian Creek Subdivision. Mr. Wits moved to proceed with It. Lind holms' rest for the sale of property designated as Lindy's Greenhouse in the Bells Flats area in accordance with the teams of the existing lease providing Mr. Lindholm has met the conditions of the lease for development, seceded by tt. Pestrikoff. It was anted that an inspection will be conducted by Mr. Terry and Mr. Haney. The question was called and motion passed by unanimous roll call vote. G. Listing of Planning 3 Zoning Commission Positions and Terms of Offices, as requested by the Assembly. ttview was made of the list noting that an additional resignation has been received from Mr. John Burnham, Chairman of the Commission. The Assembly noted that the list should be updated to insure that the tens are staggered as it appears that all members' terms are up almost at the same time. The staff was instructed to take care of this matter. It was suggested that Charles Naughton be considered as a replacement for the Caanissicn vacancy. H. Copy of Attorney General's Opinion regarding Disclosure Law as requested by the Assembly, received for informatics. I. of Approved School Budget Now Available - Noted that copies are available for the assesbly as requested. J. Review of Specifications for School Generators - The specifications as prepared were reviewed, however it was pointed out that they would appear to be directed toward one specific make and it was felt that the specs should be more general. It was suggested that the specs include the fuel requirements and perhaps a Larded cost plus a percentage and consideration shwild be given to the possibility of extending the period for replacement of other generators over several years. The Mayor indicated that this would be done and the specs prepared for bid. VIII'- NEN BUSDESS A. Public Notice No. t•@A 75-111 Application from U. S. Coast Gtard Base for Permit to Extend Ddsting Sewage Outfall into St. Paul Harbor. tor. White no to voice no objections, seconded by Mr. Sutliff. Motion passed by unanimous roll call vote. B. Tideland Lease Application ADL 64613 -ATS 971 Ouzinkie - Edward Opheim, Sr. Mt. Writs moved to voice no objections, seconded by Mr. Panamaroff. Motion passed by unanimous roll Call vote. C. Tax Adjustments Nos. P -75-9 (trailer had been carried both on real and personal tax rolls) and [t -75-4 (subdivision of land had not been taken into consideration in preparation of the tax notice). The Mayor recommended that the adjustments be accepted. Mt. 9dntte moved that the recamendaticns of the Borough Mayor regarding Tax Adjustments P-75 -9 and R-75 -4 be accepted, seconded by Mt. Pananaroff. Motion passed by unanimous roll call vote. 1 0 1 n 2 0 1 2 4 0 KIB ASSEMBLY MEETING _SEPTEMBER 4, 1975 Page 5 D. Resolution No. 75 -34 -R A roving 1976 -79 Local Service Road Program. The program was reviewed noting that the started projects needed to be finished prior to additional projects being started. The three -year program also noted other projects that will be needed in the future. Mr. Sutliff moved for the adoption of Resolution No. 75 -34 -P, seconded b :4r. Pestrikoff. Motion passe. y unanimous roll cal vote. IX MAYOR'S REPORT A. The Omnibus Bill will be set for hearings on September 15th through the 19th and the Assembly was asked whether or not they felt someone should be present to represent the Borough in this matter. Mr. Pestrikoff noted that this will not be increasing the number of acres of land for selection, but only extending deadline for It was The trespass provisions will be notfeltt heboroughshouldsend any one to the hearings. has against the b School p District a because of lack lofealcottage n program this year. The Assembly will be kept posted on this matter. The School will be meeting with the individuals involved with the hopes of working something out for the release of JOM and Indian Education money for this purpose. C. To question, Mayor Terry reported that the bookkeeper hired recently is working out very well. X ASSEMBLY COMMENTS A. Dr. Cathey stepped down as Presiding Officer and requested that Mr. White assume the Chair. Dr. Cathey asked if there was any action on the request of the Building Inspector to tear down a dangerous building. It was noted that a Demolition and Repair Account needs to be established and it is anticipated that the amount of $500 should be sufficient for transfer. This should be brought before the Assembly in ordinance form. There was no objtection to the Building Inspector proceeding on this matter as long as every aspect has been taken care of. B. Dr. Cathey stated that over the past several months the Assembly has been discussing the certification of villages and of a number of so called villages and that at this time he wished to make a motion that would rescind the Assembly's previous actin, which was taken last year. Dr. Cathey moved that the Kodiak Island Borough Assembly cannot in good conscience support the Borou h action of January 17, 1974, supporting the certification of Woo Is an , Anton Larsen Ha , Bells Flats, Port Williams, Litt e A ognak, Lltnik, UganiA, Aya ulik, Aiahtalik) Villages, and hereby rescinds said support. Furthermore, that the Borough Staff be instructed to notify all interested parties, to include, but not limited t Area Director, H.I.A., Koniag, Leisnoi, Senators Gravel and Stevens, Congressman Young, Governor Hammon , Sen. Henry Jac son, FBI, and any one else who had received previous correspondence, seconded by Mr. Sutliff. There was discussion about whether or not action should be taken on this at this time, and suggested that this should have been an agenda item. Further discussed that the assembly had informal agreed that they would take. no action on matters regarding the land claims. However Dr. Cathey noted that this action would only place the Assembly in a neutral position, one that neither supports or objects to the land claims selections. In order to have this as an agenda item, Dr. Cathey moved to postpone action on this motion until a special meeting that would be called withi: the next two weeks, seconded by Mr. Panamarorr.motion to postpon passed by unanimous roll call vote. 1 1 1 1 2 '1 2 4 I RIB ASSEMBLY MEETING - SEPTEMBER 4, 1975 page 6 Mr. Caries stated that in reviewing the past records he noted that items that the attorney had raised legal questions on had not been brought up and he would suggest that the attorney be present to discuss these at the next meeting. XI AUDIENCE COMMENTS - NONE XII ADJOURNMENT The meeting was adjourned at 11:15 p.m. ATTEST: APPROVED: borough Clerk 4a4