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1974-02-07 Regular Meeting1 n l 5 0 KODIAR ISLAND BOROUGH ASSEMBLY MEETING FEBRUARY 7, 1974 I CALL TO ORDER The meeting was called to order by Presiding Officer, Mr. Charles Powell, in the courtroom of the State Office Building, at 7:40 P.M., Kodiak, Alaska. II ROLL CALL PRESENT IV MINUTES FROM OTHER MEETINGS ABSENT Mr. Ross Wood, Borough Mayor Mr. Howard Anderson Mr. Charles Powell Mr. Dennis Nelson Mr. Fred Brechan Mrs. Betty Wallin There were approximately twenty people in the audience III, MINUTES FROM PREVIOUS MEETING A. Assembly - Regular - January 3 1974 - B. Assembly - Special - January 10 1974 - C. Assembly Special - January 17, 1974 - Mr. Nelson moved that the Borough Assembly accept the minutes of January 3, January 10 and January 17 1974. Seconded by Mr. Brechan. Motion passed by unanimous roll call vote. A. PSS - Regular - January 23, 1974 -1 B. Kodiak Island Borough School District - December 27, 1973, Janu 14, Jan 18 and Janu 28 1974 - C. Lan Use Rear nq - J an ua ry an •January 1 1974 Mr. Brechan moved that we accept the referenced minutes as approved. Seconded by Mr. Nelson. Motion passed by unanimous roll call vote,/ VI COMMUNICATIONS & CORRESPONDENCE A. Letter from Hazel Ardinger requestin Waiver of 1972 Taxes on Lot 13A, Block 16 Kodiak Townsite - This will be deferred until Mrs. Ardinger is present later on in the meeting. B. Letter from Department of Revenue 1974 Renewal of Club License £or VFW Post 117, Beverage Dispensary License for Raisin Inn and and Retail License for the Rendezvous Liquor Store and Hopper Valley Package Store. Mr. Brechan moved that the Assembl voice no obiection. seaMairSTIEL Wallin. Motion pass by unanimous roll call vote. C. Review and Comment on Borough's Position of Village Certification - Mr. Powell closed the regular meeting and opened it for public comment. Mr. Nelson felt that we should probably reaffirm the action, in that we did not give proper notice. Mr. Atwell, Of Dept. of Fish and Game, stated that he would like the background on what information they received to come up with the decision not to protest. Mr. Powell stated that there was a deadline to meet on the protesting of these villages, which he believed was January 21, 1974. The Borough Attorney was to be there and also possibly someone from the State, but they did not make it because of the weather. He further went on to explain that the natives could not withdraw land within the two mile boundary of the Kodiak City limits and alto the watersheds. He believed that because of this Bells Flats, Woody Island and Larsen Bay area would not be affected as much. Mr. Powell further went on to say that this action would be reviewed by the AD/HOC Committee and then the Secretary of Interior would have the final say on the matter. ) 1 1 1 2 1 1 1 5 1 KODIAK ISLAND _BOROUGH_ASSFl4BLT MEETING FEBRUARY 7, 1974 V COMMUNICATIONS & CORRESPONDENCE (continued) PAGE 2 C. Dr. Cathey felt that he would have liked to have come to the meeting if he had known it was published as a meeting or that he knew that there was a deadline to meet regarding the matter, but that it was publicized as a worksession in the newspaper. A property owner from the Bells Flats area asked the Borough Assembly if they supported the property owners or Koniag. Mr. Powell was also asked if the Assembly had any justification that the villages were valid. Mr. Powell stated that they did support the property owners, because in the motion they made, they stated that it was the responsibility of the State of Alaska to protect the Borough's interest and subsequent third party interest in such land, so Mr. Powell felt that they were protecting the property owners in this right. Mr. Powell further stated that they believed that the villages were valid according to Koniag's information. Mr. Sutliff was concerned with the action that the Borough Assembly took. He felt that we did not have any legal right to make the Resolution concurring with Koniag. Another person from the audience felt that this matter should have been handled in a court of law. Mrs. Wallin stated that the people should realize the amount of money that will be coming into Kodiak within the next twenty years and the developing of land, tourism and many other added profits. She further mentioned that Koniag only acts as an advisor to the villages they will make their own decisions on what they plan to do. Mrs. Springhill stated that the people should protest to whoever the Borough Assembly sent their resolution to, because what they have done cannot be undone. Mrs. Wallin stated that it was true that you have to have 25 people residing in a village during the 1970 census, but there were other qualifications in the act also, such as (a) the region where the Native previous region where the Native previously resided for an aggregate of ten years of more (b) the regions where the Native was born and (c) the region from which an ancestor of the Native came which would also cause other villages that were not in existence in 1970. She further mentioned that within twenty years if the natives had not cultivated the land they had chosen, it would revert back to the Borough or State. Mr. Powell closed the public session and reconvened the regular meeting. Generally the audience requested that future public meetings concerning the entire Borough population, should be properly advertized. Mr. Nelson feels that the action the Borough Assembly took was valid and that they were protecting the people's rights. Mr. Powell stated we confirmed our action by approval of January 17 minutes. D. Letter from Kodiak Jaycees Inc. RE: Requesting an exemption of taxes on the land. improvements and Personal Property. Known as Kodiak Jaycee Rodeo & State Fairgrounds at Bells Plate - Mr. Powell stated that if you exempt one corporation that you will have to exempt them all. Mr.Blake stated that they were a non - profit organization. He had a copy of an ordinance from Fairbanks exempting their Jaycee State Fair. He further stated that they could not continue, if they had to pay out monies as they make it. Mr. Hickman statni rber.presently the only tax exempt organizations are churches, Senior Citizens and charitable organizations. He furtherestated that presently the taxes on the property are now about $300. Mr. Powell suggested that we take this under our tax study, because we will probably have other requests like this one. Mrs. Springhill asked if this was within the Borough Assembly's prerogative to grant exemptions. Mr. Powell stated it was if we enacted an ordinance as such. Dr. Cathey stated that $300 was not much money at the present, but Mr. Blake was looking into the future and that we should take it into our tax study. 1 7 1 n ? a r i l s 0. KODIAK ISLAND BOROUGH ASSEMBLY MEETING PAGE 3 FEBRUARY 7, 1974 COMMUNICATIONS & CORRESPONDENCE (continued) Mr. Chandler stated that he thought Mr. Blake request should be honored. Mr. Brechan moved that we hold this over and include it in our tax study and get some legal advise on it. Seconded by Mrs. Wallin. Mrs. Wallin asked if the $300 was still due. Mr. Powell stated yes it was and asked if the Palmer Fair was the..State Fair. Mr. Blake stated that there was no one main State Fair. Mr. Nelson felt that this request would probably get lost in the shuffle of our tax study. Question being called for, motion failed on the following roll call vote: Mr. Nelson - NO, Mr. Brechan - YES, Mrs. Wallin - NO, AND Mr. Powell -YES. There was five minute recess, meeting resumed at 9:10 P.M. Mr. Nelson moved that the staff inquire with our legal officer to the legality of the Jaycee request and in the event the request 1s legal that the Borough draw up an ordinance to this effect. Seconded by Mrs. Wallin. The reason why he was doing this is because he felt that this would not be taken care right away in the tax study. Mr. Nelson amended his mbtlon that the ordinance include a paragraph which would exempt the Kodiak Jaycees and State Fair Inc. from existing and future Real and Personal Property Taxes, with second concurring. Motion failed on the following roll call vote: Mr. Brechan - NO, Mr. Powell - NO, Mr. Nelson - YES, And Mrs. Wallin - YES. A. Litter from Hazel Ardinger requesting the Waiver of 1972 Taxes on Lot 13A, Block 16, Kodiak Townsite - read by Mr. Powell - Mr. Hickman stated that he does not have any comment on this matter. He stated that there was no record of an exemption recorded in the Borough Office. The amount of backtaxes is $296.52. Mr. Nelson moved that the estate of Dunia Hartman be exempt from 1972 taxes on Lot 13A, Block 16, Kodiak Townsite. Seconded by Mr. Brechan. Motion passed by unanimous roll call vote. Motion passed by unanimous roll call vote. E. Letter from Kodiak Aleutian Center RE: Insurance Cost - Mr. Wood feels that the Borough does not need to pay the $400 that it should come out of the Mental Health Center budget. Mrs. Holt explained that the Mental Health Center had a previous insurance policy, before the Borough came along with their group insurance. Sweeney Insurance had not been aware of the previous policy, so the Mental Health Center cancelled the Sweeney policy, but there still was an earned premium due of $400 on the cancellation. Mr. Powell feels that the $400 should come out of the funds of the Mental Health Center also. He also felt that if the Borough has a group coverage, the Mental Health Center should not solicit independent Insurance companies. Mr. Nelson asked if the Aleutian Center has a deficit in the books, does the Borough have to pick it up. Mrs. Holt stated that there is some money set aside for the Aleutian Center if needed. Mr.Powell recommended that the matter be referred back to the Mental Health Center and suggests that they find the $400 in their own funds to pay the bill. Mr. Nelson moved that we return the $400 bill to the Mental Health Center and re.uest the insurance .acka_e be covered under the total :rou . package of the Borough. Seconded by Mr. Brechan. Motion passed by unanimous roll call vote. F. Request from the City of Kodiak to lease Borrow Site "B -2" in the Bells Flats Subdivision - The reason for said request for a borrow site is so that the City may obtain crushed rock to upgrade the gravel roads. Mr. Brechan stated that there certainly is no reason that the City not have a pit. Mr. Nelson moved that we approve the City's request for lease of Borrow Site B -2. Seconded by Mr. Brechan. Motion passed on the following roll call vote: Mr. Brechan - ABSTAIN, Mr. Nelson - YES, Mr. Powell YES, and Mrs. Wallin - YES. 1 n 1 5 KODIAK ISLAND BOROUGH ASSEMBLY MEETING FEBRUARY 7, 1974 PAGE 4 VI PUBLIC HEARINGS A. Second Reading and Public Hearin on Ordinance 4 -1 -0 - Rezoning of Lot 25, Survey 0 from Unclassi ied to R -1 - Richard Sims (Mill Bay Road - Mr. Nelson moved for adoption of Ordinance 74 -1 -0. Seconded by Mrs. Wallin. Mr. Powell closed the regular meeting and opened the public hearing. Mr. Chandler asked what he was going to use this for. Mr. Powell stated that he believed that he was going to sub- divide into five lots and build houses on them. Mr. Dean Blake was present to represent Mr. Sims. He asked if a building permit was required if they had to clear trees and put utilities in. It was noted that there was a stipulation that no building be done until the water and sewer are connected. Mr. Powell closed the public hearing and reconvened the regular meeting. Question being called for, motion passed by unanimous roll call vote. B. Second Reading and Public Hearing on Ordinance 74 -2 -0 - Rezoning U. 3. Survey 5667 from Conservation to Unclassified - Jake Blanc Property - Mr. Brechan moved for adoption of Ordinance 74 -2 -0. Seconded by Mr. Nelson. Mr. Powell closed the regular meeting and opened the public hearing. Mr. Sutiif asked who requested this rezoning. It was stated that Mr. Blanc requested it. He stated that he was ill in the hospital and his daughter had Power of Attorney and if she should be notified. It was noted that she was notified of this rezoning. Mr. Powell closed the public hearing reconvened the regular meeting. Motion passed by unanimous roll call vote. VII OLD BUSINESS A. Letter from Census Bureau RE: Cost - The cost of the special census would be about $4600, which was close to the $5000 figure mentioned at the prior meeting. Mr. Wood stated that he would go along with it if the City would also be willing to pay a percentage. Mr. Nelson moved that we would provide the Department of Commerce with proper information so that we can start the formal processing of the-cost estimate. Seconded by Mr. Brechan. Motinn passed by unanimous roll call vote. B. Extended Care - Approval of Expenditure of Funds - Mr. Nelson asked what would happen if we approved this. Mrs. Holt stated that architects are being sought and she did not want to go ahead with this if they did not approve the expenditure. She further stated that the Borough Attorney stated that this does not have to go to a vote to the people. The total expenditure is $447,000, the Borough is going to pay approximately one -third of this amount. Mrs. Holt stated that we do have the money in our Federal Shared Revenue funds or in our land sale funds. Mr. Brechan stated that. time ago we • had set aside some money for this purpose from the land sale funds. Mr. Brechan would like to have the staff produce the amount of money available and also have a public hearin- on this to see what the people feel about this expenditure or an extended care unit. A meeting was suggested for Tueeday, the 19th of February. Brechan so moved, that we have a pub c hearing on the 19th of February in the courtroom. Seconded by Mr. Ne son. Motion passed by unanimous roll call vote. VIII NEW BUSINESS A. Resolution 2 -74 - Joint Resolution between the City of Kodiak, Kodiak:'Island Borough and the Kodiak Chamber of Commerce pro- viding for a Stationin of a Resident District Attorney in Kodiak, Alaska. Mr. Brechan moved for adoption of Resolution 2 -74. Seconded by Mrs. Wallin. Motion passed by unanimous roll call vote. 1 1 1? 2 fl 1 5 4 KODIAK ISLAND BOROUGH ASSEMBLY MEETING FEBRUARY 7, 1974 VIII NEW BUSINESS PAGE 5 8. Determination of Action to be Taken on Building Code Violation of Lot 3, Block 5, Miller Point Addition - Kenneth Beemer - Mr. Beemer has been notified twice of this matter. M77 suggested that this matter be turned over to the Borough Attorney for necessary legal action. Mr. Nelson so moved. Seconded by Mr. Brechan. Mr. Sutliff stated that Mr. Beemer has been out of town for some time and that we should contact Mr. Rock James for any information we needed. Question being called for motion passed by unanimous roll call vote. C. Approval of Use Permit for Dorm - Mr. Nelson moved that we approve the Use Permit for the Dormitory. Seconded by Mr. Brechan. Question being called for, motion passed by unanimous roll call vote. D. Resolution 74 - - - Approving the final plat of Lots 11A, 11B, 11C, 11H and 11I, Block 7, Bells Flats Subdivision, William Fearn - Mr. Nelson moved that we adopt Resolution 74 - - Seconded by Mr. Brechan. Motion passed by unanimous roll call vote. E. Resolution 74 - - - Approving the final plat of Tideland Tract N -32A, Robert Hall - Mr. Brechan moved for adoption of Resolution 74 -4 -R. Seconded by Mr. Brechan. Motion passed by unanimous roll call vote. F. Resolution 74 - - - Approving the final plat on: Tideland Tract N -20A - Pacific Pearl - Mr. Nelson moved for adoption of Resolution 74 - - Seconded by Mrs. Wallin. Motion passed by unanimous roll call vote. G. Resolution 74 - - - Approving the final plat of Lots 2 through E, and Lots 26A through D, U. S. Survey 3098, Richard Sims, Mike Shockley and John Eufemio - Mr. Brechan moved for adoption of Resolution 74 -6 -R. Seconded by Mrs. Wallin. Motion passed by unanimous roll call vote. H. Resolution 74 - - - Approving the final plat of U. 3. Survey 1396, Tracts A through E, Bruce Bundy - Mrs. Wallin moved for adoption of Resolution 74 -7 -R. Seconded by Mr. Brechan. Motion passed by unanimous roll call vote. I. Resolution 74 - - - Declaring Certain Real property Surplus to the Borough needs and authorizing its Sale - Mr. Brechan moved for adoption of Resolution 74 -8 -R. Seconded by Mr. Nelson. This is adjacent to the Nordgulen property; the piece they wish to purchase in order to properly subdivide their lot with enough square footage. Motion passed by unanimous roll call vote. J. Resolution 74 - - - Approving Sale to the State of Alaska of Certain Parcels of Land in the Miller Point Subdivision, Kodiak Alaska Subdivision and the First Addition to the faalak Alaska Subdivision and Ratifyin- the Execution of Quitclaim Deed by the Brrough Mayor - Mr. =rechan moved for adoption of Resolution 74 -9 -R. Mr. Neison seconded by motion. Mr. 3twebliar. asked which lands this was. Mr. Hickman stated that this was all land that was presently under contract by the Borough. Motion passed by unanimous roll call vote. K. Resolution 74 -10 -R - Selling of Surplus Land to Kodiak Western Airlines - Mrs. Wallin moved for approval of Resolution 74 - 10 - R. Seconded by Mr. Brechan. Motion passed by unanimous roll call vote. 4 4 ]� K0D }AilIIAND 60ROU. ASSEMBL! MEETING FEBRUARY 7, 1974 NEW BUSINESS (continued) S. January Monthly Reports - No Comments IX CHAIRMAN'S REPORT PAGE 6 L. Resolution 74-11-R - Establishing Payment of Personal Property Taxes b Ci of Kodiak - The amount due 1s $9 502.5'. Mr. Nelson moved for adoption of Resolution 7 11 -R. Seconded by Mr. Brechan. Mr Hickman stated that these figures were correct. Motion passed by unanimous roll call vote. M. Resolution 74 -12 -R - Approving the Borough Assessor's Certified Tabulation of Taxes Assessed on Property Belonging to Persons Who QuAlifr for the State of Alaska Senior Citizen Property Tax Program - Mr. Nelson moved for adoption of Resolution 74 -12 -R. Seconded by Mr. Brechan. This is Supplemental property. Notion passed by unanimous roll call vote. N. Resolution 74 -13-R - Aut‘ovizing the Sale of Borough Owned Land to the State of Alaska of Certain Parcels of Land in the Miller Point Alaska Sub- division, Kadiak Alaska Subdivision and the First Addition to the Kadiak Alaska Subdivision and Ratifying the Execution of Warranty Deeds by the Borough Mayor - Mrs. Wallin moved that we adopt Resolution 74 -13-R. Seconded by Mr. Nelson. Motion passed by unanimous roll call vote. 0. Resolution 74 -14-R - Requesting Extension of the Anton Larsen Bay Road to Ice Free Water - Mr. Brechan coved for adoption of Resolution 74-14-R. Seconded by Mr. Nelson. We are sending this to the State Highway Dept. Mr. Nelson also suggested that we send this to Ouzinkie and Port Lions. Motion passed by unanimous roll call vote. P. First Reading of Ordinance 74-3 -0 - 1971/74 Budget Revision - Mr. Nelson moved for adoption of Ordinance 74-3 -0 in the first reading. Seconded by Mr. Brechan. Motion passed by unanimous roll call vote. Q. First Reading of Ordinance 74-4 -0 - Rezoning of Lots 48, 49, and 50, Block 19, Kodiak Townsite - Russell Welborn from R -3 to Commercial - Mrs. Wallin moved for approval of Ordinance 74-4 -0 in the first reading. Seconded by Mr. Brechan. Motion passed by unanimous roll call vote. R. First Reading of Ordinance 74-5 -0 - Rezoning of Lots 4- through 45, Block 2, Erskine Subdivision and Lot 12, Block Kodiak Townsite from R-3 to Commercial. Mr. Nelson coved for approval of Ordinance t4-5 -0 in the first reading. Seconded by Mr. Brechan. Motion passed on the following roll call vote: Mr. Brenton - ABSTAIN, Mr. Nelson - YES, Mrs. Wallin - YES, and Mr. Powell - A. Mr Wood would like to take three trips and he would dike the Assembly' concurrence. Mr. Nelson voiced no Objection to the use of funds from Assembly Travel Account. Mr. Nelson felt that we should be judicious in what we attend. Mt. Brechan stated that in the past we have had to review written reports and suggested requirement after attendence at such meetings. The Assembly concui.rd. B. Mt Wood feels that it was gpod that we attended the village meeting and give then advise. X ASSEMBLY COMMENTS A. Mr. Nelson stated that the new High School building leaks and what is being done about.it. Mrs. Holt stated that she talked with Rolland Janes and that they have sent someone over with caulking to fix the leaks and that they will be replacing the tiles. B. Mr. Nelson feels that the Borough Assembly should attend the School Board bust review meeting tomorrow, set for 3:30 in the School Library. He also asked about the removal of the trailers around the new high School Mr. Pose11 stated that Ken Bray is working out a deal with the Kodiak Jaycees to give then the trailers through a State grant. Mr. Nelson also felt that the Borough Assembly should have name plates, so the people in the Audience know who there talking to. 1 3 KODIAK' ISLAND CORgUL A sOmit if&E*NG FEBRUARY 7, 1974 PAGE 7 E. she also l attends e the r King fCrab Festivaluluncheonsronrthated esum from The Borough m theBoroughAss y emblyto attend d the r XI AUDIENCE COMMENTS Mr. Hickman stated that the bleachers for the Kodiak High School were shipped on the 26th of January. XII ADJOURNMENT ATTEST: 7 The meeting was djourned at 11:05 P.M. %7 Norma L. Holt Borough Clerk APPROVED: ) L ✓ 1 C. Ross Wood Borough Mayor