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1972-09-07 Regular Meeting1 1 1 1! .` A 7 1 The meeting was called to order by Presiding Officer Norman Sutliff at 9:35 p.m. in the Courtroom of the State Office Building, Kodiak, Alaska. I CALL TO ORDER KODIAK ISLAND BOROUGH ASSEMBLY MEETING SEPTEMBER 7, 1972 II ROLL CALL Present Mr. Wilton T. White, Borough Chairman Mr. Norman Sutliff, Presiding Officer Mr. Richard Sims Mr. Harry Clowes Mr. Fred Brechan Mr. Donald Arndt Also present: The Borough Clerk and approximately ten people in the audience III MINUTES OF PREVIOUS MEETING A. Assembly - Regular Meeting- August 3rd, 1972. Mr. Brechan moved for approval of the minutes as presented, seconded by Mr. Sims. Motion passed by unanimous roll call vote. IV MINUTES OF OTHER MEETINGS A. Planning & Zoning - Regular Meeting - August 23rd, 1972. The Chairman noted that there was one item in the P&Z minutes which he wished to discuss later in the meeting. This concerns the rezoning of Lot 25, U.S. Survey 3099. Mr. Brechan moved for approval of the minutes as presented seconded by Mr. Sims. No objections voiced, the minutes were so approved. V COMMUNICATIONS AND APPEARANCE REQUESTS A. Ratification of Election Judges for Borough General Election and Review of Slate of Candidates. A list of judges for the upcoming election was read by the Borough Chairman. Mr. Sims moved for ratification of the judges for the October 3rd, 1972 election as read by the Borough Chairman, seconded by Mr. Brechan. The motion passed by unanimous roll call vote. The Chairman read the slate of candidates noting that the petitions were accepted in the Borough Clerk's Office between 7:30 a.m. and 8:00 a.m. on the morning of September 5th, 1972. The Clerk was asked to give a resume of the filings. It was stated that the Borough Office was opened at 7:20 a.m. for the purpose of accepting petitions. At approximately five minutes to eight the Clerk asked if there were additional petitions to be stamped in prior to the deadline. The procedure requires that the names on the petitions are to be checked for qualifications and the petitions were stamped in as to time and date and the names checked. At 8:00 a.m. the filings were closed and information concerning those individuals running for the respective offices was given to several people remaining in the office. Another candidate entered the Clerk's office and presented a petition, time noted as being 8:20 a.m., when told that the petition could not be accpeted, the individual stated that he was in fact in the Borough Office at 8:00 a.m. waiting to VI PUBLIC HEARING 1 . 7 1 •. KIB ASSEMBLY MINUTES - SPETEMBER 7, 1972 present his petition. Again the candidate was told that his petition could not be accepted; however he said that was in the Borough Office and that he was only waiting until the individuals had been taken care of. A phone call was made to the Borough Attorney; he commented that the only way the petition could be accepted was to have the individual sign an affidavit to the effect that he was in the Borough Office at 8:00 a.m. This was done. A further check with the Borough Attorney revealed that his opinion was that the burden of proof would lie with the candidate. A lengthy discussion followed with several individuals in the audience and on the assembly noting that they had been in the Borough Offices and had not seen this particular candidate. Mr. Sims moved that his petition not be accepted unless he can come up with three witnesses who will swear under oath that they saw him in the Borough Clerk's Office prior to 8:00 a.m. on September 5, 1972, within forty -eight hours. Motion seconded by Mr. Brechan. The question was called for and the motion passed by the following roll call vote: Mr. Arndt - declared his interest YES; Mr. Clowes - NO; Mr. Brechan - YES; Mr. Sims - YES; Mr. Sutliff - YES. Passed four (4) to one (1). B. Letter from Corps of Engineers re Application for New England Fish Company expansion of seafood processing plant in Gibson Cove, read in full by the Borough Chairman. However, it was noted that the deadline for objections has passed. A. 2nd Reading and Public Hearing of Ordinance No. 72 -17 -0 Amending the Election Ordinance in Accordance with State Legislation, read in full by the Borough Chairman. Mr. Sims moved for adoption of Ordinance No. 72 -17 -0 in the second reading, seconded by Mr. Brechan. The regular meeting was closed and the public hearing opened. There being no comments from the public, the hearing was closed and the regular meeting reconvened. The question was called for and the motion passed by unanimous roll call vote. VII PLANNING 8 ZONING ITEMS A. Resolution No. 72 -34 -R, Approving Final Plat of Lot 6, Block 1, Miller Point Alaska Subd., (Wadsworth), read in full by the Borough Chairman, noting that there is an encroachment of about two feet on State owned land. The State will not relinquish this land and Mr. Wadsworth has stated that he will remove the house at his expense when it becomes necessary. it was suggested that rather than the burden of removal being on the seller that this should be on the buyer. Mr. Sims so moved for approval of Resolution No. 72 -34 -R with the amendment that the buyer will have the responsibility of moving the house should it become necessary seconded by Mr. Brechan. Motion passed by unanimous roll call vote. B. Resolution No. 72 -38 -R Apyroving the Final Plat of Lots lA and 2A, Block 51, East Addition, Breckburq. The plat was reviewed. Mr. Brechan moved for adoption of Resolution No. 72 -38 -R as read in full by the Chairman seconded by Mr. Clowes. Motion passed by unanimous roll call vote. 1 ') 2 1 n 7 1 KID ASSEMBLY MTTIflFS - SEPrflSER 7, 1972 Page 3 C. Ratification of Appointment of New Members to the Planning & Zoning Commission, John Burnham, Tom Terry and Wilda Gellis. The Chairman noted that Mr. Burnham is a businessman with his business located in the City limits and Mr. Terry has his business outside the City. Mrs. Gellis is a housewife who has served on this Commission in the past. Mr. Brechan moved for ratification of the appointment of the new members for the P&Z Commission, seconded by Mr. Arndt. No objections were voiced the motion so passed. D. 1st Reading Ordinance Mo. 72 -21 -0 Rezoning Portion of Tract A, Lot 1, U.S. Survey 3465 from Service Recreational to Unclassified to allow for sale of the property Read by title only. Mr. Sims moved for adoption in the first reading, seconded by Mr. Brechan. Question called and the motion passed by unanimous roll call vote. VIII OLD BUSINESS A. Resolution No. 72 -39 -R Declaring Certain Real Property Surplus to the Borough's needs and authorizing its sale to the Department of Highways for use as road extension, read in full by the Borough Chairman. A five minute recess was declared in order that the metes and bounds description could be checked against the resolution and the map of the area. Mr. Brechan moved for approval of Resolution No. 72 -39 -R provided this area does not include any privately owned property, seconded by Mr. Sims. Question called and motion passed by unanimous roll call vote. IX NEW BUSINESS A. Request for Senior Citizen's Tax Exemption, Rudolph Sundberq, Sr., Pete Venaas and Ruth Falconer. The applications were reviewed and the question arose as to whether or not the exemption applied to the gross annual income or the net income. The Clerk was requested to check this with the Borough Attorney Mr. Sims moved for the approval of Senior Citizens Tax Exemption application for Rudolph Sundberg, Sr., and Pete Venaas, seconded by Mr. Brechan. Question called and motion passed by unanimous roll call vote. A further review was made of the Borough 's Code and of the new Municipal Code and Mr. Sims moved to approve the application of Ruth Falconer as she qualified under both, motion died for lack of second. Mr. Madsen will check this matter. B. Emergency Ordinance No. 72-20-BO Establishing Chiniak Precinct read by title and that portion covering the new precinct. This action is being taken to bring the Borough's precincts in accordance with those being used by the State of Alaska. Mr. Sims moved far adoption of Emergency Ordinance No. 72 -20 -E0 seconded by Mr. Brechan. Motion passed by unanimous roll call vote. C. Review of Renewal Request for Borough's Gravel Source Site. One renewal application has been received from Brechan Enterprises, Inc., another application is still outstanding. Mr. Clowes moved for the renewal of the lease pending the approval by the Borough Engineer of the conditions being met as pointed out in the lease, seconded by Mr. Arndt. In answer to the question concerning the suggested long - range plans for the area, it was noted that the Borough does not want to expend more money in this area until it is certain that we have the land. It was suggested that the lease for the gravel site be reviewed to insure that the Borough is not liable t� the lessee for any litigation. The question was called for and the motion passed by unanimous roll call vote; Mr. Brechan declared an interest in this matter and voted YES as did the other four members of the Assembly. ! 4 7 1 : RIB ASSEMBLY MINUTES - SEPTEMBER 7, 1972 Page 4 D. Resolution No.72 -37 -R Declaring Certain Property Surplus and Authorizing sale of same to Duane H. Freeman, read in full by the Borough Chairman. Mr. Sims moved for adoption of Resolution No. 72 -37 -R, seconded by Mr. Clowes. It was pointed out that the porch of Mr. Freeman's house sits over the property line onto Borough Property and that this sale is being made in order that Mr. Freeman may gain clear title. The question was called for and the motion passed by unanimous roll call vote. E. Resolution No. 72 -40 -R Approving Three -Year Local Service Road Program, read in full by the Borough Chairman. The supporting documents were reviewed and it was requested that the Borough Staff review the road program again with the thought to put in roads that would coordinate with the sewer trunk and interceptor lines. This will be reviewed and the Borough Assembly will meet on Wednesday, September the 13th, 1972, to pass on the program. A letter from 'Jo" Hajdu was read into the record requesting use of the local service road program for a road designated as Bay View Drive in the Monashka Bay Subdivision. A closer look will be taken at the overall road program within the next few days. In connection with the local service road's project now under way in the Monashka Bay Subdivision, Mr. Len Gr¢he requested permission to use a Borough's lot for dumping stumps from the clearing and grubbing of the project. After discussion it was requested that the Borough Engineer take a look at the area and that his recommendations in this matter will be followed. F. Resolution No. 72 -41 -R Declaring Certain Property Surplus and Authorizing Conveyance of Same to City o£ Kddiak, read in full by the Borough Chairman. The Chairman gave a resume of this property,; a letter of non- objection to entry has been received from State Division of Lands, and the Borough is conveying any and all rights of the land to the City of Kodiak for the purpose of constructing a waste disposal plant. It was suggested that sometime in the near future the City of Kodiak should perhaps give some consideration to extending the City Limits to the Coast Guard Station Boundary. Mr. Beechen moved for adoption of Resolution No. 72 -41 -R seconded by Mr. Sims. Motion passed by unanimous roll call vote. A telegram rf am Seantor Ted Stevens was read into the record indicating that he had contacted EPA and asked that any delay in acquiring the land not affect the grant for this purpose. G. Emergency Ordinance 72 -22 -EO Prbhibiting the sale of Liquor during the hours that the Polls are'open on Election dda, read in full by the Borough Chairman. Mr. Brechan moved for adoption of Emergency Ordinance 72- 22 -EO seconded by Mr. Arndt. Motion passed by unanimous roll call vote. This will be in effect for those elections in which ballots are cast for candidates. X CHAIRMAN'S REPORT A. Land Sale - The auction has been scheduled for the 18th of September. A letter received in the Borough Office at 5:20 p.m. on September 7th, 1972, was read for the information of the Borough. Koniag, Inc., has requested that the sale be postponed or cancelled, noting that there is a case in Fairbanks scheduled for hearing about the 18th of September which might solve our problems. Should the Assembly decide to continue the sale Koniag will file an injunction. The Borough Assemblymen expressed the feeling that the sale should continue as scheddled. 1 7 KIB ASSEMBLY MINUTES - SEPTEMBER 7, 1972 Page 5 B. Planning & Zoning Item re: Rezoning of Lot 25, U.S. Survey to 3099, Margaret Emmons. This item by the the Assembly as the Board of Appeals of Commission. The request for rezoning was denied by the Commission as they felt it would be spot zoning; it was pointed out that there are several lots within this survey that do not presently meet the requirements for lot size and that Mrs. Emmons has indicated that she will be hooking up to City Water and to a private sewer system and would not then require the same are A m Clowes uhdiscussion tas to the best possible way to p ow request to the Borough Assembly grant this woman s a P subdivide this lot into the 7200 square feet and grant an exception to the Ordinance, seconded by Mr. Arndt. Mr. Brooks was in the audience and noted that it is the intention of the people in this area to come into the City Limits and that the larger size lots would not be required, nor could a person afford to have sewer and water and still maintain a large lot. It wasisuggested that P&Z should take a very close look at this area for possible rezoning. The question was called and the motion passed by following roll call vote. Mr. Arndt - YES; Mr. Clowes - YES; Mr. Brechan - YES; Mr. Sims - NO; Mr. Sutliff y - YES; motion passed four to one. C year Fish 1971, Receipt little belowathe7anticipated for amount calendar D. Dog Leash Ordinance - the Borough office is in the process of obtaining Ordinances passed by other Boroughs for this purpose and a report will be made. E. Sanitarian Bob Devol's letter regarding the case of infectious hepatitis was read. The Chairman asked guidance of the Assembly for steps to take to insure that this dces not happen again. There are several abandoned buildings here in Kodiak and on Woody Island that should be tcrn down and destroyed. A check is being made with the Borough Attorney concerning the property owners responsibility in these matters. The Chairman was given authorization to take whatever steps are necessary to take care of this situation. F. Garbage Dump- Bells Flats The problem in this area was discussed and noted the SeaBees will be leaving around the 15th and any work should be completed before that time if their assistance is expected. The Cessna Company indicated that they will clear up the garbage for a fee of somewhere between twelve and fifteen hundred. Other steps should be taken to insure that ps . n is nt used and further that a sanitary fill Assembly was agreeable to the Chairman getting this cleaned up for a reasonable price. G. School Construction Bonds should be received sometimeJ. wee an once they are s gnd and to tc forwarded. A partical payment work is progressing, however the weather has held •up sc-e of the ground work. Ouzinkie School Projec is continuing and the Building Inspector and the Borough Engineer have made a trip to inspect the work. The Contractor was asking about e_ectri power and the School has advis us that that. arrangements `ave been made to get temporary p KIB ASSEMBLY MINUTES - SEPTEMBER 7, 1972 Page 6 A request has gone to the City of Kodiak to supply the water and sewer lines within the property line. This work will be done by the City maintenance people at a cost of $8,000 and repayable on a $500 monthly demand charge to the School. This will enable the money to be used for the science cabinets and equipment The Construction Foreman on the High School Construction has indicated that he has lost some of his workers due to the fact that they have to be transported to the downtown area for their meals. He has indicated further that he will be using all the local hire that he can get on this job, but that the lack of a messhall will cause serious problems especially later in the project. This contract is on a negotiated basis and any savings that the contractor has will revert to the Borough and the community. 1 XI ASSEMBLY COMMENTS A. Mr. Sims re Sea -Land Freight Charges. Mr. Sims asked the Borough's support in requesting that the freight charges be lowered with the opening of the new dock. When the dock was first discussed it was noted that this would mean better shipping to and from Anchorage and that the tarrif would be less between Kodiak and westward; Kodiak and Cordova and Bristol Bay. However this is not the case. Mr. Sims was given authorization to represent the Borough at the next meeting and to keep the Borough advised. XII AUDIENCE COMMENTS XIII ADJOURNMENT There being no further business the meeting was adjourned at 11:40 P.M. ATTEST: tt Acting Borougf C erk A 7 APPROVED: Borough Chairman