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1972-10-05 Regular Meeting1 1 0 1 r" I 1 7 1 1 KODIAK ISLAND BOROUGH ASSE-IBLY METING OCTOBER 5, 1972 I CALL TO ORDER The meeting was called to order by Presiding Officer, Norman Sutliff at 7:30 p.m. in the Courtroom of the State Office Building, Kodiak, Alaska. II ROLL CALL III MINUTES OF PREVIOUS PitttiAG Present Absent ,7r. Norman Sutliff, Presiding Officer Wilton White, Borough Mr. Richard Sims Chairman Mr. Fred Brechan Mr. Harry Clowse Mr. Don Arndt Also present: The Borough Clerk, the Borough Attorney, and about thirty people in the audience. A. Assembly - Regular Meeting - September 7, 1972. Mr. Brechan moved for approval of the minutes as presented. Seconded by Mr. Arndt. Motion passed by unanimous roll call vote. B. Assembly - Special Meeting - September 13, 1972. Mr. Brechan moved for approval of the minutes as presented. Seconded by Mr. Sims Motionpassed by unanimous roll call vote. IV MINUTE'S OF OTHER MEETINGS A. Planning & Zoning - Regular .Meeting - September 20, 1972. There were no comments to be heard. B. Planning & Zoning - Work Session - Septenter 27, 1972. There were no comments to be heard, but it was noted that there were some items to be discussed later on under Planning & Zoning Items. V COUM7NICATIONS AND APPEARANCE REQUESTS A. Fred Greer re: Development of Water System at Bells Flats. ^1r. Greer asked the Borough Assembly permission to run a hose from Jack Lake and Lee Lake for water supply. Norma Holt, Acting Borough Clerk, stated that they have in the past let people use an easement across Borough Land. Mr. Sutliff asked that he put the request in writing to make it legal. Mr. Arndt moved that there be no objection given after a letter of application is written to the Borough for the record. Seconded by Mr. Clause. Motion passed by unanimous roll call vote. B. Eugene Brasie re: 55 year lease on Bells Flats. Mr. Brasie had several questions requested to review by the assembly and each question was reviewed item by item. Mr. Sims moved that.the Lease be issued in the name of Mr. & Mrs. Brasie and that the ''option - to purchase'' clause be added. Seceded by Mr. Brechan. Mr. Sims amended notion with the approval of the second to read: That the Lease include "rights of survivorship ". Motion passed by unanimous roll call vote. Item #3 - After discussion on Mr Brasie's ..question concerning Survey cost, Mr.. Sims moved that Mr. Brasiers - request be denied for reducing survey cost. Seconded by "t'. Meehan. the discussion it was b • _ t out that there might bean error in the bi i c. . - - _ .! , motion with approval of the second to read: The denial to be subject to conformation of Mr. Roy Ecklund, that there are no errors of this billing. Motion passed by unanimous roll call vote. Item #4 - This item regarding lessee obligation to pay the legal fees was tabled. Motion made by Nk'. Arndt, seconded by Mr. Clowse. Motion passed by the following roll call vote: Mr. Sutliff - YES, Mr. Sims - YES, Mr. Brechan - YES, Mr. Arndt - NO, Mr. Clowse - 1 0 1 1 I 4 7 1 KIB ASSEMBLY 7ELTING - October 5, 1972 PAGE 2 Discussion on the removal of the phrase limited use ", it was determined that any change in the development plan should be presented to the Borough Assembly for approval. :4r. Clowse moved that Mr. Brasie be able to use the raterial on his land for the completion of development plan as attached included in the lea Seconded by Mr. Arndt. Motion passed by unanimous roll call vo Mr. Clowse also moved that the previous motion passed will not conflict with Pararraoh 10, Page 6 of the Contract. Seconded by Mr. Arndt. '4r. Sims moved due to lateness of receipt of these questions to table until taken to his lawyer. Seconded by Mr. Brechan. Motion passed by following roll call vote: Mr. Sutliff - YES, Mr. Sirs - YES, Mr. Brechan - YES, Mr. Arndt - N0, Mr. Clowse - N0. Mr. Brasie asked for ninety days to have his attorney review his lease. Mr. Clowse moved that Hz'. Brasie be given a ninety day extension from this day October 1972 on his lease to see his lawyer and draw up the lease with the changes made so far and comments be sent to Mr. Rhodes. Seconded by Mr. Sims. Motion passed by unanimous roll call vote. (Mr. Rhodes is our Borough Attorney) C. Betty Springhill re: 314 (b) Agnecy Application. Chairman of the Comprehensive Health Board, She received a letter from the State Comprehensive Health Advisory Carmitte giving a short resume of the 314 (b) Agency Application, noting that there are several allegations set forth in a letter to C.H.A.C. members who will be revieiing the Borough Application. The Comprehensive Health Board recommends that the Borough Assembly expend the funds for one person to represent the Borough at the meeting in !hangel. Dr. Rud Wasson is the state representative on the Board and there- fore we need one person to represent the Borough Application. Mr. Sims moved that the Borough fund one_person's air fare plus $30.00 per diem in addition to state that the representative to be selected by the Comprehensive Health Board. Seconded By Mr. Arndt. Motion passed ;:y the following roll call vote: Mr. Sims - YES, ^ ^r. Brechan - YES, Mr. Clowse - YES, Mr. Arndt - YES, Mr. Sutliff - NO. D. Presentation of 1971 -72 Audit Report: The audit was presentated by Mr. 8111 Hickman of Maine & LaFrantz. The general fund accounts on both the Borough and the School were reviewed. The manage - ment letter was reviewed by the Borough Assembly and the audit firm was commended on their presentation and the recarmendations as set in this letter. E. Letter Fran Corp of Engineers re. Expansion of King Crab Facilities. Mr. Sims roved that the Boroup41 voice no objection. Seconded by Mr. Clowse. Motion passed by unanimous roll call vote. F. Letter Fran Corp of Engineers re: Expansion of B & B Dock. 14'. Sins moved that the Borough voice no objection on APA- 72 -84. Seconded by Mr. Brechan. Motion passed by unanimous roll call vote. G. Letter Pram Bob Greene re: Public Law 874 & Public Law 815. Mr. Clowse moved that the Borough . o on record or send a letter' to the co - ssional dele tes mi.:.more funds from the fede evel or schools. Seconded by Mr. A •t. t was suggested that other alternatives for funding be looked into. It was also requested that the motion be so changed to read. Contact the Congressional delegates and strongly urge they obtain Public 874 & Public Law 815 funds for Kodiak School or an acceptible substitute. Seconded by Mr. Arndt. Motion passed by unanimous roll call vote. VI _ PUBLIC HEARING A. 2nd Reading and Public Hearing of Ordinance No. 72 -21 -0, rezoning a portion of Lot 1, Tract A, U.S. Survey 3 from service recreational to unclassified, was read in full by Mr. Sims. Mr. Brec jpved for the approval of ()rdinan_ee 7y -21-0. This was seconded by "r. Arndt. The regu'ar meeting was closed and the public hearing opened. There being no comments from the public, the hearing was closed and the regular meeting reconvened. •1 0 1 l 1 4 7 1 KIB ASSEMBLY itEETLNG - OCTOBER 5, 1972 PAGE 3 The question was called frr pod the motion was passed by unanimous roll call vote. B. 2nd Reading & Public Fearing of Ordinance No. 72 -23 -0, rezoning of Lot 25, U.S. S :rve; No. 3099 from Unclassified to R -1. Mr. Clowse moved for Lazo c ;nrovai of O:'inance 72 -23 -0. Seconded by Mr. Arndt. 11.s s alei .,we::ing was closed and the public hearing opened. There t_a :>g :.o comn:cts from the public, the hearing was closed and the reg. Tlor me^_ting reconvened. The question was called for and is :rr C..on <is passed by the following roll ' call vote: ?ir. :h:c_:_ !E5 :L Arndt - YES, Mr. Clowse - YES, Nlr. Brechan - 777, .. .LC3 - VII PLANNING & ZONING ITY?S A. Planning & Zoning, rezoning Lot 26, U.S. Survey 3096. The recommendations of Planning & Zoning Commission meeting of September 27, 1972 were read as well a memo from the Borough Chairman, :7r. White, stating he would not recur mead the rezoning of this property instead would recommend spot zoning. Mr. Clowse moved for an Ordinance to be drawn up to rezone Lot 26, U.S. ._ Survey 3093 from Unclassified to R - 2. Seconded by Mr. Arndt. Question was called for and the motion failed on the following roll call vote: it. Sutliff - MD, Nt. Sims - NO, Mr. Brechan NO, Mr Clowse - YES, Mr. Arndt - YES. Hz' Sins moved that the Planning & Zoning Commission contact all the people involved and hold a public hearing on October 18th and take up this matter. Seconded by Mr. Brechan. Also their recommendations be presented to the Borough at their regualr meeting, there shoult an Ordinance draum up if so recommended. :lotion passed by unanimous roll call vote. :THERE WAS A FIVE mum RECESS VIII OLD BUSINESS A. Resolution No. 72 = 92_R re: Approving the apparent high bid offer for he Public Lard Sale on September 18, 1972. "t Sims moved for the adoption of PH :Solution 72 -42 -R. Seconded by Mr. Brecnan. A letter was read from the Borough Assessor, Borough Attorney, Mr. Madsen, and also from Anthony Perez, Borough Auctioneer. Mt. Sims moved that no adjustment be made in Sale Item #53, Land Sale # to Mrs; Large. Seconded b '. Brechan. Question was called f yj or and the motion passed by the idlcvring roll call vote: Mr. Sutliff - YFS, Mr. Sims - YES, Mr. Brecnan - YES, :ir. Clowse - NO, ft. Arndt - NO. It was stated that there was an intimidation of free bidding between Mr. Lund and ft LeFollette. [t. Lund stated that the threat was made after the bid was settled. Roy Madsen stated this would not be a free sale because of intimidation. Mr. Sims moved that Sale Item 66 Deed be held over for thirty days with anticipation of possible complaints of aa1e av1nat that particular party at which date it will go to thejinvla This was reviewed amid discussion was held as to whether or not there was an intimidation of a bide-7. The Borough Attorney, Mr. Madsen stated that the ir uccd-sf11 :;idder had indicated he had been intimidated and had stopped bidding because of this however, no statements under oath had been taken at this point. During the discussion it was expressed that no actions was necessary to be taken by the Borough Assembly and if the other bidder still wanted to object It would be his responsibility to take it to a higher court VIII B. Set Special Meeting late for Canvass Absentee Ballots - Norma Holt, Acting Borou h :.lerk, suggested that we have the canvass of ballots, Monday evening October 9, 1972 at 7:30 P.M. in the Courthouse. Mr. Sirs so :moved. Seconded by .t. Brechan IX ?iEIi BUSINESS A. Lease Application .pm Soyal Large for Borrow Site - Mr. Large put in an applicac:tn fof the borrow site previously leased.by 1 0 1 , 1 1 4 7 1 1 KID ASSE -LRLY :LE'TL`iG - OCTOBER 5, 1972 PAGE 4 ;Lrs. Wright, whom, we received a MEMO from stating she will not renew her lease. "r. Large will not renew his lease in the existing location. - 'r. Brechan moved for approval. Seconded by Mr. Sims. °etion passed by unanimous roll call vote. B. Resolution 72 - -43 -R read in full by :ir. Sims, declaring certain property surplus to Porourh needs authorizing conveyance to the Department of Highways. Mr Brechar. moved for the adoption of 72 -43-R. Seconded by : fir. Clowse. ;fiction nassed by unanimous roll call vote. C. Resolution 72 -44 -R read in full by the Borough Clerk. Mr. Brechan moved for the approval of setting a ROE date of due and delincuent for Supplemental 1972 Tax Roll. Seconded by Ir. Sirs. It will be Monday, November 6 with Tuesday, November 7 as an alternate date. Notion passed by unanimous roll call vote. D. Approval of Land Selection, Chiniak Area. Mr. Sims moved to °i.ve the Borough Clerk authorization to oroceed with the paperwork for the land selection in Chiniak. Seconded by Mr. Arndt. Motion passed by unanimous roll call vote. E. Tax Adjustment. Hr. Brechan moved for the approval of the tax adjustment. Reason for the adjustment was because the Senior Citizen Tax Exemption was granted after certification of tax roll. Seconded by Mr. Clcwse. Motion nassed by unanimous roll call vote. XI ASSE1BLY COAtscs A. i4r. Sims stated that the Borough and City were contemplating on obtaining a risk management analysis for our insurance and there were two proposals made by two firms: (1) 'arshall- micLinnen proposed .3,000 not exceed $5,000 (2) Carl Jones of LAMCO, proposed 31,500 for the Borough and City combined. .:r. Sims moved that the Borough Assembly authorize the Borough Clerk in the abscence of the Borough Chairman to enter into a contract with TANGO, and contact the representative Mr. Carl Jcr.es for a risk management study not to exceed 31,500 combined with the City. Seceded by Mr. Brechan. No objections were voiced the Chairman XII AUDIENCE CCPB'IEWrS A. There were twenty people from Island Lake present to discuss what was to become :f their water system out there this winter Mr. Sims g a resume of the background of the temporary water lire and the suggested solution as presented by the City Manager. The city would be willing to put in an 8' trunk line however, it must be determined on what basis the payment will be received for the line, who will have the responsibility for the maintenance and the boundaries of this service distric` ' "r Sims stated that this should be a singular public service system and that the city as sole contractoegalso.- we set upra Water - service dj,tritrae Httm2draLmoVed thef.item be :Mod - 'over to the Borough Attorney wtth;instruction to rejuvenate the district with the city as sole contractor, the Borough to be responsible for the water line after the city limits and that a work session be held with the new assemblymen to draw up various legal plans for the water line a ., ontractor for maintenance the cost of 9etttng from the main line to the individu house 2nd if at all possible present this to the city council at the next meeting on Thursday. Flurthe this will be at no cost to the city tax nayer. Seconded by Mr. Brechan. No objections were vnired the chairman so ordered ilr. Brechan moved that Jack Fnedri rkspn he asked to serve as spnkP9- man of the Island '.oar area until the oraant7ntional portion of the Tsland IMP water district has prnreeded Seconded by Mr. Sims 'notion nassed by unanimous roll call vote. l • 1 0 0 1 1 7 1 }ff3 ASSEMBLY MEET'LG - OCWBfft 5, 1972 PAGE 5 XIII ADJOURr11EIT ATTEST: Mere being no further business the meeting was adjourned at 11:10. Acting rough Clerk APPROVE: DATE: 5 October 1972 NAME: Rudolph Sundberg PREPARED BY: Marianne Gilmore 4 7 1 KODIAK ISLAND BOROUGH ADJUSTMENT REQUEST ADDRESS: Peat Office Box 873 Kodiak, Alaska LEGAL DESCRIPTION: Townsite Lot 4 Blk 8 REASON FOR CHANGE: Mr. Sundberg was granted Senior Citizen's Tax Exemption after the Tax Roll was certified. ACCOUNT NO. 415- 080 -0500 ADJUSTMENT NO. R -72-3 YEAR: 19 72 VALUATION CITY & BOROUGH TAX ASSESSED VALUE: 15,665 204.90 ADD: SUBTRACT: 15,665 204.90 CORRECT TOTAL: -0- BOROUGH TAX Ray Hickman