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1972-05-04 Regular Meeting1 'l 0 1 1 1 1 4 5 5 2 KODIAK ISLAND BOROUGH ASSEFBLY MAY 4, 1972 I CALL TO ORDER The Greeting was called to order by Presiding Officer Norm Sutliff at 7:35 P.M. in the Courtroom of the State Office Building. II ROLL CALL Present Mt. Wilton White, Borough Chairman Mr. Norman Sutliff, Presiding Officer Mr. Ricnard Sims tir. Con Arndt Mr. Harry Clowes C. School Board V Absent Fred Brechan Also present: Mr. Bob Greene, School Superintendent; Mr. Russell M. '.^Talker, Borough's Clerk- Treasurer and approximately 10 people in the audience. III hm9UI'ES OF PREVIOUS MEETINGS A. Assembly - regular Greeting - April 6, 1972 - tr. Clowes moved for approval of the minutes, seconded by !;r. Arndt. It was so ordered. B A - speeial meeting - April 14, 1972 - Mr. Clowes roved for approval of the minutes seconded by Mr. Arndt. So ordered. C. Assembly - special meeting - April 28, 1972 - Mr. Arndt moved for approyal seconded by Mt, Clowes. So ordered by the Presiding Officer. IV MINIFIES OF OTHER MEETINGS A. Planning & Zoning - regular rreeting Apri119_, 197 and Special fleeting May 2, 1972. Mr. Sutliff commented on the Special Meeting oi 2nd, tE.e purpose being for public nearing on the placement in unclassified zone of the sewer treatment plant. The Borough Clerk and Hayes, res have been ry eeing, noting tdthatc b a. John Chapman na Tryck, Y'�' f od weather was u9th to be the Sutliff stated that histopinion been that the eduled for Tuesday, May 9th. g an investigation into other possib Planning & Zoning of n handd be making o locations, costs of relocation and tax base of people that are relocated. Mr. Clowes suggested that when the relocation takes place that the people involved should be compensated for the relocation, not just based on the assessed valuati of the property involved. B. . ,rehensive Health Board Meet •,s - '•ril 5 :2 and 19th, 1972. No comments ril 10 and 24 1972. No co - March 27 nts V COM+AAJICATIONS AND APPEARANCE REQUESTS A. Mr. Jack Sake District E eer De artnent of Hi: I. Central District, was present and gave a short rundown on the current status of the slide area. Mtpak o t o c me that there h some answers to solving this p oblemt the isanantic: pated tha to te come up order top protect consultants will have an answer the u, the will be closed during t to and will be members of the during community, a daylight hours when normal traffic the night using ng t hel . e T De artmmeent of Highways is cooperatinf with the Ci Poll ee the road. The Department Police and emergency vehicles will be monitored through the night barricade. An additional layer of cars will be set up as added protection. Mr. Spake introduced the members of the DepartMertrfl. Highways that were in the audience. Mr. Bruce Frietag, who asked that if there were any problems that they should be brought to him rather than the maintenance foreman at this tine, as the ent maintenance foreman did have other probtems at this s point. aAllsan Also for Mr. Gary Player and It. Fisher of R&M Corp. The comments on the road programs within the Borough and the status thereof. Mr. Wilson, Assistant District Engineer, comrented that there are several projects which will be getting underway soon: The ,.,AlaskaySyste through Ci front of City Hall, connetry ` hey program College project and connect with tit t toe Highway System; it is hoped that work Project can be advertised for bid next mono lan to Caputill l itiak ark k w wi l be done on this project also. .,Y.'tion of the n.� re- 'igred t f� �.,_ `he c�cez:, other sections of the road will be 1 Q o 1 1 0 1 5 5 3 KIB ASSE:'18LY'ELTING - ^AY 4, 19972 Page 2 and work is being done new to obtain the necessary photog apps. The Lenartment has proposed to extend the Anton _arson. Bay road around another rile; this is funded with Federal money. The Department should be advertising for t'_d on Port Lions, Wakefield Road which will run. from Wakefield to the airstrip and will do away with the causewa7. Contract has been signed for the Local Service Road P.ogram in the Conashaa Bay 3ucdivision. P. Cost study is beirg rade on the Bristol Bay /Shelikof road. Rezanof will also be upgraded and resurfaced along with the vrorx to connect eo the mill Say F.oad. The members of the State ^i _cway Pepartmei.t were thanked for their appearance at the Feeting. B. Eugene Brasie Sea est for Written Permission For Placement of Trailer on Approve Lease Area. Mr. Brasie stated that he had received approval from the Borough Assembly to lease an area in _ells Plats and he was requesting at this time a letter stating that he bad permission to move his trailer onto that land prior to the receipt of and signing of the lease document. The Borough Chairman pointed out that this land is lo.;ated within the Borough Selection, however pate has not been received for this specific area and as a result the proceedure for leasing is sorry hat different than in patented areas. The land is presently being surveyed in accordance with state reguiati'ns and when approved by the Division of ands, the survey will be forraroed to an attorney in Anchorage, Mr. Rhodes for the drawing up of the lease. After considerable discussion, Mr. Clowes moved that the Borough indicate no objection to the location and that a letter of permission for placement of a trailer on this property be given, subs to being moved if the patent is not received from the State or other unforeseen problems arise, seconded by hr. Arndt. Mr. 'White, Borough Chairman, asked if this motion would mean that Mr. Brasie would be responsible for moving the trailer within sixty days in the event the Borough is not able to complete the lease arrangements? Mr. Brasie pointed out that in his opinion the notice for auction of the land did not carry any thing concerning the possible ^laim again.: the land by the Native Lard claims However, it was pointed out by the Clerk that the notice did say subject to any claims. Mr. Clowes stated that the moti as presented could only pass if Mr. Brasie would agree to the conditions. n7. Sims moved to table this item until the next regular meeting, seconded by Mr. Arndt, in order that sorry ouestions may be answered. The Motion passed by unanimous roll call trote C. Letter from League or ^'a voters of Alaska Pquest for $250 For Publication o Booklet, read by the Borough Chairman, The Borough Chairman noted that while this is a worthwhile aid informative booklet, he could not recommend that the Borough make a contrioution to an individual organization. Mrs. Louise Collins was in the audience and said that this booklet will be used for distribution to everyone in the Borough and ':d.._ also be used in the local schools for governor classes. Perhaps this could be funded under the education. phase. Mr. Sims mow that the Borough place in the 1572 -73 Budget b250.00 uncle: line item Printing and publication and payment he made directly to the orinter to help defray costs and that the publication be made reliable to the Borough for handing out, seconded by 1i. Arndt. " ✓r. Clowes stated that he would personally donate to this cause but could not vote for use of Borough Funds. It was noted that the City Manager has placed this in the proposed 1972 -73 City Budget and that other Boroughs have contributed to the same booklet in the other areas of Alaska. The booklet would be presented for accuracy prior to printing. The motion was called for and aid not pass due to tie vote as follows: ."'r. Sirs - YES; Mr. Sutliff- NC; r. Arndt - YES; iir. Clowes - No. A sample of the propos booklet was left for further review. D. Letter from David Henley request for Reneal of Lease of Lots 4, 5 & 6, Block l Monashka Bay Alaska subdivision, ADL 35708, read in fall by the Borough Chairma and - background information supplied. Pr. Sins moved for approval of the lease renewal, seconded by Mr. Clowes. Motion passed by unanimous roll call vote. E. Letters Requesting Senior Citizen Tax Exemption - Mary Shuravloff, Larry Eilana application read by the Borough Chairman indicating that both appeared to qualify for Seniib Citizen Exemption. Mr. Sims moved for approval of the tax exemptions, seconded by Mr. Arndt. The question was called for and motion passed by unanimous roll call vote. F. Letter from Division of Lands re Dept. of Aviation application for Gravel Material from Russian Creek; from Alaska Department of Fish & Game re request, both read in full by the Borough Chairman. The letter from the Fish and Game Department indicated objection to the use of the stream bed for gravel I 1 0 1 1 1 1 4 6 5 KIB .4SSELBLY :.b l INC - i FY 4, 1972 material. During the discussion it c pointed ointed out that perhaps there _ e several other sites that could better beused for this permit. ;:r. i roved that the Chairman be authorized to write to the Department of = viation and s !gest other possibilities and return to this one only if they can't reach on agreement in cne of the other places available, so ordered. G. Apollcation from Royal Large for 55 -Year Lease, Bells Flats. The letter and development plan read by the Bo Thairman and noting that it seemed to be a credible development clan. :-r. Arndt requested that the Attorney's opinion be obtained concerning the lease on a 55 -year basis of an area that was set aside for a borrow site. Ur. Clowes moved that the .Assembly take the necessary steps to have this iiacedfor ouol:c auction, seconded oy :T. Sis . :otion ^asset y unanimous roll call vote. R. Letter From Foster ?: Marshall Fe Tax System Study. The Chairman noted that this information had just been received in the Borough office this date and he would like to defer action until it had been reviev :red. It twos agreed that this should I be brought back tc the Assembly for action at the Special ::eeting of Nay L5th. I. Letter from Fred Street re Leased Area, Bells Flats, stating that the corporatic: was still very much interested in proceeding with the lease as outlined in their application, however at present they were trying to secure an opinion as to the Sty of the native land claim filed on this area. Mr. Clowes stated that he felt the lease should be cancelled and moved that the Borough cancel the lease arrangement with Fred Street because he did not comply with the terms cf tt seconded by Mr. Arndt. The Borough Clerk pointed out that there >ras no time limit for signing; however ir. Clowes felt that a reasonable Tenth of 7_m„ had passed since the lease was approved. The cuestion was called for and the motion failed to pass due to tie vote as follows: Nth Sims - t:^; "_. _ :.__.. - H0; Mr. Arndt - YES; :1r. Clowes - YES. Mr. Sims moved that the individuals be given 30 days in Mich to ez. lease and give them notice that it will then be withdrawn, seconded -. Clowes. The question was called and motion passed by 'unanimous . ._ .__ .;_e. • The Presiding Officer declared a recess. The meeting reconvened at 9:35 P.M. VI PUBLIC HEARING A. , 3 2nd Reading and Public Hearing Ordinance No. 72 -2 -0 Rezoning For r Survey 1396 from Unclassified to R -3, John Fray, read by the Bon - Mr. Clowes moved for approval of Ordinance No. 72 -2 -0 in second seconded by Ma. Arndt. The regular meeting was closed and then opened. Mr. Parke was in the audience and stated that he felt c.. previously stated, that any rezoning would change the value of _-- and further that It. Fray was one of the people who promised tre .. . that the area would never have a heavier zoning than R -2. rrs. present and stated that she too was against the zoning; the area to R -2 very nicely but not to R -3 and that the owners had paid !:_ money for the location of the lots. The public hearing was clone: regular meeting reconvened. Mr. Arndt voiced the opinion that t. should not have zoning areas but that the size of the lot should -- - one could build. The question was called for and the motion fail to tie vote as follows: Mr. Arndt YES; Mt. Sims NO; Pr. Sutliff YES. B. 2nd Reading and Public Hearin6 o mo 72-6 -0 Authorizin:r $80,000 for School DesiFi, read by the Borough Chairman: Mr. adoption of Ordinance No. 72-6 -0 in second reading, seconded by -- . The regular meeting was closed and the public hearing opened. ---.. ants, the public hearing was closed and the regular rreetina r The question was called for and the motion passed by unanimous r^.. VII PLANNING & ZONING ITEMS A. Resolution No. 72 -17 -R Approving Final Plat of Vacation and Rep:-:: divided Portion of U.S. Survey 3218. Wri read in '.- - -. moved for approval of Resolution No. 72 -17 -R, seconded by Ur. question was called for and the motion passed by unanimous roll ..- 1 o 1 1 I 1^ 5 5 5 VIII OLD BUSINESS Page U KIB ASSEMBLY MEETING - MAY 4, 1972 B. Rezoning of Aleutian Hares Subdivision, from R -1 to R -3, letter from City Council. This had been discussed at the City Council level and the Council disapproved the rezoning; also has been disapproved by the Borough Attorney. It was felt that the area is already congested and that rezoning would make it much worse. Mr. Clowes commented that he felt the City Council should handle all the rezoning within the City Limits. There was no action taken. C. Ordinance No. 72 -9 - Adorting the Comprehensive Plan as prepared by Tryck, Nyman and Hayes, read by title only in the first reading. This is a housekeeping ordinance as the Plan ;.has i:Naoved and accepted but not adopted by ordinance. Mr. Sims moved for aacroval of Ordinance No. 72 -9 -0 in the first reading, seconded by Pr Clowes, motion passed by unanimous roll call vote. IX NEW BUSINESS A. 1st Reading Crdinance No, 72 -8 -0 Repealing and Re- enacting Sections 2 and 3 of Chapter 5, Subchapter 5 of the KIB Code of Ordinance, Uniform Building and Plumbing Code The .Assembly requested additional information concerning the changes made in the two Dotes and Clow::: - moved to table this item, seconded by i1r. Sims. This item will be tabled until next meeting. B. Resolution No. 72 -23 -E Authorizing Waiver of Taxes, Senior Citizen Chichenoff, read in full by the Borough Chairman, noting that Mrs. Chichenoff had applied and received a Senior Citizen's Tax exemption for the year it was first started and had not understood that she must apply each year. Mr. Sutliff suggested that the Assessing Department should make sure that this did not happen appin if it was necessary to go out to the person's home and have the application filed. Mr. Clowes moved for adoption of Resolution No. 72 -23 -R, seconded by Mr. Arndt. Motion passed by unanimous roll call vote. C. Tax Adi ustment, read by the Borough Chairman noting that the individual had been charged twice, on real and personal property, and recommended this adjustment. Mr. Sims moved for approval of Tax Adjustment P -72 -2, seconded by Mr. Clowes. Motion passed by unanimous roll call vote. D. Voucher and Expenditure Reports for the Months of March and April, 1972, received for review. X CHAIRMAN'S REPORT A. BOE - The Chairman noted that there had been a change in the Alaska Statutes that would enure the Borough Assembly to appoint members to act as a Board of Equalization and that since the Borough Assembly would have only two regular ranters present perhaps they would like to consider this course of action. Mr. Sims asked that t c Borough Chairman make the ne cessary appointuents and take a vote of the assembly at that tire. This was agreeable to the rest of the Borough Assemblymen. XI ASSE'8LY COMMENTS A. Mr. Arndt - re Land Sale Status. The Borough Clerk stated that the available lots have been listed and that the Borough Assessor is working on the appraisals after which brochures will be prepared and the proper steps taken for a sale. . Mr. Arndt - re Old Afognak Village •rithdrawal from Native Land Claims, noting that the City of Port Lions was very upset and suggested that the Borough pay Mr. Haakensen's way to Kodiak in order that he could rake a presentation. No Action.. . Mr. Arndt re new freight charge over the Ferry Dock and suggested that something be done in order that the intra- ls_a.d _Tall businesses will not have to pay thie charge. B. Mr. Sinn asked about the status of the 2cnd Sale and it was noted that the bonding council is proceeding as tnstn:cted. School Budget jeport ..::M- Sis sled oeverai questions concerning revenues not listed in the report and it was acted that in the debt service, $21,000 would be received net year as the debt sea incurred this year and repaid in two years It should be known within the next two s:teeks what effect the shared revenue for funding will hate on the 72 -73 'budgat. The Vocational Education funding require a memo of agreement and then the school is reimbursed and this is in the process 1 0 1 1 1 KID ASSEMBLY MEETING - MAY 4, 1972 Page 5 of completion. The money for the "I" Street Playground has been turned over to the City and is therefore no longer carried in the School Budget. }II AUDIENCE CCMASNIS 46; A. Mr. Large - suggested that the Highway Department take some of the old cars out of the petal dump in Bells Flats for use in the slide area. Mr. Alan Blume was in the audience and noted that Cpt. Acker is retaining seabees to help clean up some of the area and has made areangements with the Highway people to clear up the old navy dump area. B. Mr. Greene re Recreational Funds - noting that the school has handled the recreation program, but the funds are pretty well depleted at this time and wondered if this was to be included in the buget this year. The City has indicated an interest in hiring a recreational director and the School would be willing to work with any agency that will administer the program. Mr. Sims requested that Mr. Green take this up with the City Manager and submit the nave and number of the grant which could fund this program. C. Mho. Large re date of land sale - Anticipated that the land sale could be some- time in mid - summer. }III ADJOUR M NT There being no further business the meeting was adjourned, 11:00 P.M. SUBMIITiID: APPROVED: rk Wilton . White, Borough Chairran DATE: April 18, 1972 5 5 7 NAME: MIDDLE BAY FISHERIES, INC. ASSESSED VALUE: 376,780 ADD: SUBTRACT: 115.276 CORRECT TOTAL: PREPARED BY: Kathleen May KODIAK ISLAND BOROUGH ADJUSTMENT REQUEST LEGAL DESCRIPTION: PERSONAL PROPERTY - MIDDLE BAY ACCOUNT N0, PERSONAL PROPERTY - TCA #5 ADJUSTMENT NO. P -72 -2 ADDRESS: 1500 WESTLAKE AVENUE NORTH, SEATTHE, WASHINGTON 98109 REASON FOR CHANGE: IT HAS BEEN BROUGHT TO MY ATTENTION THAT THE 1971 PERSONAL PROPERTY FILING OF MIDDLE BAY FISHERIES INCLUDED A VALUE OF $115,276 ON BUILDINGS. AS THE BUILDINGS WERE ASSESSED ON REAL PROPERTY THEY SHOULD NOT HAVE BERN INCLUDED ON THEIR PERSONAL PROPERTY RETURN. ORIGINAL ROLL YEAR: 19 71 VALUATION CITY & BOROUGH TAX BOROUGH TAX 1,838.68 562.54 261,504 1,276.14 ORN R. LUCAS, ASSESSOR roes-