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1975-06-06 Regular Meeting1 () 1 2 1 0 J 1 n KODIAK ISLAND BOROUGH ASSEMBLY JUNE 5, 1975 CALL TO ORDER The meeting was called to order by Deputy Presiding Officer Cathey, at 7 :40 p.m. in the Borough Meeting Room, Borough Building, Kodiak. II ROLL CALL Present Absent Dr. Cathey, Deputy Presiding Mr. Murl Estes Mr. Wilton White Mr. Alex Panamaroff, Jr. Mr. Nicholas Pestrikoff Mr. Norman Sutliff Also present in the audience: Mr. Will Gariss, Borough Planner, and approximately 15 people . III MINUTES OF PREVIOUS MEETINGS Mr. Sven Haakanson (excused) A. Assembly - Regular - May 1, 1975 - Mr. Sutliff moved for approval of the minutes as presented, seconded by Mr. Estes. Motion passed by unanimous roll call vote. IV MINUTES FROM OTHER SOURCES A. Planning & Zoning - Regular - May 21, 1975 B. Health Resources Council - May 19, 1975 C. School Board - Regular - April 29, 1975 D. Board of Equalization - May 5, 1975 E. Bicentennial Committee - May 29, 1975 Mr. Sutliff moved to accept the minutes, seconded by Mr. Estes. Motion passed by unanimous roll call vote. V CORRESPONDENCE AND APPEARANCE REQUESTS A. Letter from Middle Bay Fisheries Requesting Assistance in Obtaining Easement for Sanitary Landfill. Mr. Hough was in the audience and noted that due to the Native Land Claims the sanitary landfill permit had been re- voked. this permit was good until March 1977 and Middle Bay is too far out to bring the waste product in to Bio -Dry. Originally the area was located behind the state gravel area and this was closed by the State Highway Department as people were using the gravel pit area instead of the landfill. Middle Bay Fisheries has the equipment•to maintain this area and will assume the responsibility of fencing and maintaining in the approved manner. The cannery had been assured of secure water rights in the contract of sale, however in the past year cattle have been fed in the area of the well and as a result the water source was contaminated. Proof has to be supplied to the state that the water source w i l l be pure. Mr. Gariss stated that he had talked with Mr. Karl Armstrong regarding an easement to the sanitary land fill and noted that the results were hopeful. Mr. Armstrong was in the audience and stated he understood that there was a dump there, it was on state lands, and there was no objection on the use of the Right -of -Way and the Native Corporation would have no control over the use of that area. He wondered why BLM says that the Native Lands Claim was holding this up, anything the Native Corporation would give would be presumptive. . The Assembly would be the one to urge the State of Alaska to procer%c! on this . 1 1 rl 1 n 1 r) I 9 n KI8 ASSEMBLY MINUTES - JUNE 5, 1975 Page 2 Mr. Armstrong was asked if it would be reasonable to ask that the Native Corporation express "non objection" to the site for this landfill. The Planner suggested that a map of the area be drawn and then presented to the Lesnoi Corporation for their review and then would assume they could grant "non objection" letter. Mr. Armstrong stated that he would have to take this before the Roard of Directors but couldn't see how they would object. In regard to the secure water riPubs, it was felt that this was between the seller and the Middle Bay F'sheries. However it was suggested that the Sanitarian be requested to inspect the s:te and if appropriate action is necessary, if there is a violation, he could take it from there. The assembly asked that the Planner check with the State Sanitarian in seeking a manner in which the water can be free of contamination. A formal request will be submitted to the Native Corporation of Lesnoi along with a map of the sanitary landfill with the request for non - objection to an easement. B. Letter from Francis Williamson, Commissioner, Health 6 Social Services Re: Emergency Medical Services, Planning (Information) C. Letter from Kay Poland Re: HB 179, SB 118, HB 293 (Information ) D. Letter from Jack Roderick, Mayor, GAAB, re: Tax Study Group - memo from Planner. Mr. Gariss read the letter from Mr. Roderick, noting that a tax study group has been initiated by the National Association of Counties and requested active support this group's exploration of local taxation. The trend is to go back to grants -in -aid, however it was suggested that the Borough support the continued revenue sharing act. Mr. White moved that to direct the administration to write support letters to continue the shared revenue, as indicated in the letter of March 6, from Anchorage Mayor Jack Roderick, followed by May 16th memo to Sven Haakanson by Planner, in accordance with the recommendations •, of Mr. Gariss that we follow this course of action. seconded by Mr. Sutliff. Question called, motion passed by unanimous roll tail vote. E. Letter from Attorney Warren Colver re: Resignation, with Memo from Borough Clerk. The letter was read into the record by the Deputy Presiding Officer. Mr. White moved that the resignation of Mr. Warren Colver, Borough Attorney, dated May 8, 1973, be accepted, seconded by Mr. Sutliff. As far as the appointment of another attorney, this can be considered at a work session and action taken at the Special Meeting. The question was called and motion passed by unanimous roll call vote. The memo from the Clerk was read stating that the Assembly's request that Mr. Colver withdraw his response to the Court could not be honored. Mr. Colver indicated that a substitute attorney would have to be approved by the Court and the City Attorney would have to agree to the dismissal order for the dismissal of the pending action. Mr. Karl Armstrong stated that the Assembly should be advised that he had petitioned the Superior Court to forbid the dismissal of the action against the Borough as brought by the City of Kodiak, and that in this case , has also requested . that the attorney to represent the Borough will be Mr. Warren Colver. F. Letters to Bicentennial Commission Re: Property Adjacent to Baranof House and Resolution 75 -23 -R Approving Proposal for Development of Property Around Erskine House. Mr. Hal Lincoln was in the audience and explained the proposed development as pref`ared by the Historical Society and the Russian Church. It was further noted that the Erskine House has been chosen as the Meeting House for Alaska and that funds have been allocated, but not released, 1 1 1 1 2 1 r) 19 I KIB ASSEMBLY MEETING - JUNE 5, 1975 Page 3 for the renovation of this house. In order for the meeting house concept to be adopted the assembly's endorsement is needed as well as the endorsement of the community's Bicentennial Commission. After passage of the resolution this will go to the City of Kodiak and then on the state legislature. Mr. Sutliff moved for the adoption of Resolution No. 75 -23 -R, seconded by Mr. Estes. Question called, motion passed by unanimous roll call vote. G. Copy letter from Division of Lands re: Lease Application Bps Flats - Hazel Nixon, read regarding the problems in that the state's tentative approval could be cancelled out by a native selection if title is obtained by the native corporation. This was for information, no action taken. VI PUBLIC HEARINGS A. Second Reading and Public Hearing Ordinance No. 75 -11 -0 Reclassifying Tract "A ", U. 5. Survey 1672 from Conservation to Unclassified (Olsen) Mr. Sutliff moved for adoption of Ordinance NO. 75 -11 -0, seconded by Mr. Estes. Public hearing opened, no comments were made. Public hearing closed, regular meeting reconvened. The question was called and motion passed by unanimous roll call vote. B. Second Readin and Public Hearing on Ordinance No. 75 -12 -0 Amending Chapter 2, Section 2, Adding Deputy Presiding Officer as Authorized Signer for Checks and Negotiable Contracts. Read by title only as copies were available for the audience. Mr. Sutliff moved for the adoption of Ordinance No. 75 -12-0, seconded by Mr. White. Regular meeting closed, public hearing opened. No comments were made on the ordinance, public hearing closed and regular meeting reconvened. Question called, motion passed by unanimous } roll call vote. C. Second Reading and Public Hearing on Ordinance No. 75 - 13 - Adopting the Appendix to the 1973 Uniform Building Code. Mr. White moved for approval in the_ second reading of Ordinance No. 75- 133 =0, seconded by Mr. Estes The Building Inspector was asked to explain some of the areas this would cover He noted that the appendix would govern agricultural lands, grading and filling of land, building bomb shelters and certain weights and standards for materials. This is generally an extension of the present building code The regular meeting was closed and the public hearing opened. No comments were made, public hearing closed and regular meeting reconvened. Nosed 'his will have a bearing on the present operations as far as grading is concerned. The question was called, motion passed by unanimous roll call vote. D. Second Reading and Public Hearing on Ordinance No. 75 -15 -0 Estabilshment of Appointment by Assembly of the Borough Clerk, Attorney and Treasurer with Memo from Attorney. Ordinance read in full by the DeputyyPr Officer. Mr. White moved for adoption of Ordinance No. 75 -15 -0, seconded by Mr. Sutliff. The Attorney's letter was read into the record, noting that the positions are filled by the Mayor or by the Assembly according to ordinance The public hearing was opened on Ordinance No. 75 -15 -0. There were several questions raised concerning the chain of command and whether or not this would limit the Borough Mayor's right to hire and fire employees. Noted tha the Borough Mayor would still be responsible for the day to day operations of the Borough Office. This ordinance was to insure that the Assembly had access to the Borough Attorney and Borough Clerk /Treasurer for the drafting of ordinances and for legal advice. There was concern voiced about serving at the "pleasure" of the assembly rather than employment based on performance of the work. Others voiced opinion that this should be taken io the vote of the people and questioned whether or not this is the general rule in other boroughs. It was noted that this is the way these positions are ') 1 1 1 KIB ASSEMBLY MEETING - JUNE 5, 1975 Page 4 handled in the City of Kodiak and others boroughs in the State as well. If there are personnel policies established then the employees would be subject to these and would not be serving necessari ly at the whims of the assembly or any one individual. The public hearing was closed and the regular meeting reconvened. Mr. Panamaroff noted that there were some areas he would like to discuss on this and moved that Ordinance No. 75 -15 -0 be tabled, seconded by Mr. Pestrikoff. Question called, motion passed by unanimous roll call vote. VII OLD BUSINESS A. First Reading of Ordinance No. 75-18 -0 Amending 1974/75 Budget, read - - - of by title only. y. M Mr. White moved for adoption or Ordinance No, JS -IB -O, seconded by Mr_ Sutliff. Question called, motion passed by unanimous roll call vote. B. First Reading Ordinance No 75 -16_0 Establishing Of Reapportion- ment of the Borough Assembly. Mr. Sutliff moved for adoption of Ordinance No.. 75 -16 -0 in first reading,_ seconded Mr. Estes. The Deputy Presiding Officer opened the meeting for public comment on this ordinance. Mr. Karl Armstrong stated that the assembly would have to bear in mind that this ordinance would have to be approved by both the village people and the people in the City and he felt that the village people would unanimously turn down this ordinance allowing dual designated seats as there is currently objection to institutional representation. Mr. Armstrong went on to say that if this fails at the July election, the state will come in and they will not provide for institutional representation. The assembly was urged to draw an ordinance that would be sustained by both the village and Kodiak City residents. Dr. Cathey noted that it was the assembly's understanding from the village representatives that this was the method that the people in the villages would go along with, three at iarge in the borough and four from the city area with two dual designated seats. Mr. Pestrikoff noted that as far as Ouzinkie was concerned they wanted all at iarge, but as an individual speaking for the whole island he would go along with the dual seat. It was pointed out that the individuals running for the City Council would have to agree and to know that they would also be running for the Borough Assembly. Mr. Armstrong noted that there is grave concern that the City is seeking an edge on the Borough Assembly. That there is distrust of the City and that if Juneau imposes reapportionment on the Borough it will be in the light of most recent rulings of the court. Several members of the audience voiced objection to the two dual designated, however some could support the idea of one person sitting on both the assembly and council so long as that person runs for that position. Concern was also voiced about the three at large from that area outside the City of Kodiak, as presently some of the area is without representation and it was felt that this type of reapportionment might not pass by the vote of the residents outside the City. The Planner noted that there is a legal question since the Statutes stated that apportionment will be in the manner prescribed by articles of incorporation or by petition for incorporation or by ordinance; and ail of these state that there shall be two members appointed from the City Council and three elected at large. There is nothing in those articles about the weighted vote. This might need to be referred to the attorney. Mr. Pestrikoff in answer to question about talking with individuals on this matter, noted that he had not talked with anyone but the residents in his area and had hoped that the assembly would be able to contact individuals by letter regarding this matter. It .vas again noted by members of the audience that reapportionment by aistricts had been suggested at many of 1 1 1 ? ? 1 1 1 9 KIB ASSEMBLY MEETING - JUNE 5, 1975 Page 5 the public hearing and this was supported by a majority of the people in attendance at those meetings. Mr. Armstrong suggested that the assembly address itself to the basics, and also add the question on the ballot for the City and the people outside , whether Kodiak should be one Borough, and let the people express feelings on the villages withdrawing from the Borough with their lands and leave the City of Kodiak. This would leave the Borough with only a borough assembly and the members of the City Council could sit on the assembly, could have a unified government. In reply to question concerning fundin for this new borough, Mr. Armstrong stated that this would probably fall in the category of an unorganized borough and that the state legislature would sit as an assembly and that there would be no directly related costs. The assembly noted that Mr. Armstrong's letter to Community 6 Regional Affairs should be discussed as the possibility exists for the withdrawal, however we should look at all the practicial aspects. The ordinance this evening was drawn after work sessions and public hearings, and the assembly was trying to avoid the hassle of districting. The public comment portion of the meeting was closed and the question called on the motion. Motion passed by unanimous roll call vote. It was noted that the Ordinance will be advertised for public hearing on the 19th of June, 1975, and that public comment will be taken into consideration at that time. C. Letter from Duncan Fields Re: Cracks in High School Corridor E. Letter from Bob Greene, Superintendent, Re: Work on Pool Area. Several methods stopping the leakage in the corridor were pointed out in letter from the Borough Engineer. It was the suggestion of the School District that the cracks be sealed from the outside prior to putting any other siding on this area. The Borough is entitled to a leak proof wall, however to save time the assembly was in agreement that the wall should be sealed. Mr. Green's letter regarding the pool area was read, noting that a proposal has been received for the painting of the ceiling and that this included the scaffolding, however it was thought that the price would somewhat less since the school has scaffolding that could be used. Mr. Greene was requested to bring this matter back to the assembly in two weeks with a recommendation and a price on the repainting. Since the hour was late, the assembly meeting was adjourned at 11:45 p.m to re- convene on June 6, 1975, 7: 30 p.m. in the same place. The audience was given an opportunity at this time to bring up any items on the agenda if they were not going to be in attendance at the continuation meeting. I. E. (Under New Business) - Mr. Lindholm asked about the authoirzation to spend money for the removal of a building located on Mr. Perez's property and to charge this back to Mr. Perez. It was noted that Mr. Perez has been requested to tear this building down, but has failed to do so. The Building Inspector noted that the code regarding dangerous buildings has been adherred to. The assembly felt it should be referred to the attorney, Mr. Sutliff moved to refer this to the Borough Attorney, seconded by Mr. Pestrikoff. Motion passed by unanimous roll call vote. 2 A. (Under New Business) Mr. Hal Lincoln noted that KEA was requesting an easement across Borough Property and would request that this easement also include easement for Glacier State Telephone and KOTV. 3L Mr. Bill Burton was in the audience and stated that he had presented a letter to the Assembly regarding tax assessments; he had been unable to talk with the Assessor prior to the certification of the tax roll and felt that if he had this authorization that they would be able to come to an understanding. Mr. Burton was questiinina the assess.nent of the beef cattle. The assembly noted that 1 0 1 1 1 r1 t1 1 9 KIB ASSEMBLY MEETING - JUNE 5, 1975 Page 6 they had the authority to make adjustments, and Mr. Sutliff moved to authorize Mr. Haney to discuss this with Mr. Burton and to see if an error existed, and the assessor was to bring thoughts or recommendations to the assembly on this, seconded by Mr. White. Question called, motion passed by unanimous roll call vote. Ai. "M" (under new business). Mr. 6 Mrs,. Wagner were in the audience an requesting. the lease of a survey located on Raspberry Island. This would be used for horticulture and the building of a residence; the Planner felt that this would be in the best interest of the Borough as it would insure that someone was on the land and that the Borough would be receiving revenue from the land. The Planner further suggested that the usual lease survey be waived as this is a U. S. survey and the lease rental would be at the 1 /10 of the appraised price as authorized by ordinance. The appraisal has not been done, however currently water front property is appraised at about $250 per acre. The assembly would be obligated to accept the figures of the assessor and the annual rental amount would be based on this. Individuals in the audience questioned the leasing of such lands without first going to a public auction. Since this was rather short notice, the assembly requested that the Planner bring a resume of the lands involved around the island and the policy for such land can be determined at the next meeting. 5. G. (Under new business) Mr. Chandler was in the audience and noted that he would be unable to attend the meeting the next night and requested assembly action on Resolution No. 75 -20 -R Approving Final Plat, Block 2, Tract "D ", U. S. Survey 1672 and a Portion of Tract "B ", U. S. Survey 1672, Antone Larsen Island. This has been to Planning 6 Zoning and they have approved the proposed subdivision. Mr. Sutliff moved for approval of Resolution No. 75 -20 -R approving the final plat of subdivision of U. S. Survey 1672, seconded by Mr. Estes. Question was called and motion passed by u nariinious' roll cal vote. - - - ' - - -- Meeting recessed: KODIAK ISLAND BOROUGH ASSEMBLY (Continuation) June 6, 1975 I 'CALL TO ORDER The June 5th Continuation Meeting was called to order by Deputy Presiding Officer Cathey at 7:35 p.m. in the Borough Meeting Room, Borough Building. II ROLL CALL Present Dr. Cathey, Deputy Presiding Officer Mr. Nicholas Pestrikoff Mr. Wilton White Mr. Murl Estes Mr. Norman Sutliff VII OLD BUSINESS (continuted) Absent Mr. Sven Haakanson (excused) Mr. Alex Panamaroff, Jr (excused) D. Memo from Will Gariss - Minutes from Planning 6 Zoning Requesting Action on Designation of Thoroughfare through Borough Property (School). Mr. Gariss noted that he and Mr. Greene recommended that the street not be designated and that it should be closed due to the traffic from the school parking lot. There is adequate fire lane access to all of the buildings on the property. ; no request has been received from the City regarding this &IPAS '1EM1LY MEL .4Gn JJNE 1975 Page 7 street. The Planning Commission in its review of this area noted that if in the future there should be a need for a through street, this would be the time to make that designation. Mr. Sutliff noted that he would have no objection provided the fire department had had an opportunity to review this. Mr. White moved subject to the concurrence of the fire department for safety reasons, the. Borough go on record as favoring the closure of the thoroughfare which now passes through borough occupied property and the school parking between Mill Bay and Rezanof Drive effective September 1, 1975, seconded by Mr. Sutliff. question called, motion passed by unanimous roll call vote. 13-1. Memo from Will Gariss Re: Easements through Bells Flats and Russian RuSiiin Creek Subdivision, reguested by KEA. Mr. Gariss provided the map of the area indicating the easements as requested by KEA and noted that this easement should also be for telephone and television easements. It was noted that the exact location of the utilities within the easements should be negotiated with the providers as in the future roads will be in that area. Commercial lots will need more power than the residential lots and this should be noted. Mr. White moved that the Borough grant an easement to KEA, Glacier State Telephone and KOTV for the placement of utility cables and lines ii the Bells Flats Alaska Subdivision and Russian Creek Alaska Subdivision, Bells Flats area for the purpose of supplying energy, telephones and television services, seconded by Mr. Estes. Mr. Gariss suggested that the Planning Department by authorized to negotiate the exact placement within the R. O.W. Mr. White amended his motion, with the approval of the second, to add; the Borough Administration be authorized to proceed with negotiation with the three companies for placement of these utility lines. . The question was called and motion passed by unanimous roll call vote. E. Review and Approval of Hospital Operational Agreement - Between Borough and Grey Nuns. Sister Josephine Patti was in the audience and explained the changes as requested during the last review. It was noted that there is a stipulation that the borough should budget an amount of $60,000 to meet any deficits that might occurr, further that the amount can be reviewed annually to determine whether it should be raised or lowered. Sister Patti noted that at this particular time the Hospital did not forsee any need for this money. It was discussed whether or not the budget had to actually have this reserve as long as the Assembly was aware of the potential liability and could make this money available. Mr. White moved that the Borough Assembly accept the agreement between the Grey Nuns and the Kodiak Island Borough relative to the operation of the Kodiak (sand Borough Hospital and that the administration be authorized to enter into this agreement. seconded by Mr. Sutliff. Question called, motion passed by unanimous roll call vote. F. Appointment of the Borough Mayor - Resolution 75 -19 -R Listing individuals Authorized to sign checks and Negotiable Instruments. Mr. White asked if there had been any formal applications for this position and the Clerk noted there were none. Mr. Sutliff moved to appoint Tom Terry as the Borough Mayor until the next election, seconded by Mr. Estes. Question called, motion passed by unanimous roll call vote. Regarding the resolution, it was suggested that this be presented at the special meeting as it should not be passed before Mr. Terry was sworn in as Borough Mayor. G. Request from Planner for Borough Participation in Publication of Environmental Atlas. Mr Caress read the memorandum requesting the funding and noted that the Community & Regional Affairs has advised that they will participate in this project . further Koniag, Inc., will perhaps participate in the amount of $7, 500 and the Borough's portion would then be $7, 500. Mr. Gariss pointed out the areas where this atlas could be of use to the Borough, such as coastal zone management, safe navigation routes 1 !) 1 1 2 0 1 9 6 KIB ASSEMBLY MEETING - JUNE 6, 1975 Page 8 around the island, promotion of tourist industry, etc. The Borough would be reimbursed by the sale of the books at $35.00 a copy. Dr. Cathey noted that there was some very good information contained in the portion that he had seen, however did feel that some local input needs to be sought as it would appear the report was not necessarily done on the scene. Mr. Gariss noted that he had read the entire report and that it did speak to more local matters than might be apparent in the mock up. There was concern voiced by some members of the Assembly as to whether or not this was a function of the borough and should the borough be involved. Noted that at least three other boroughs have parti- cipated in a similar program. Others noted that while the borough should be concerned with comprehensive planning the cost of the atlas is a major factor. It was noted further that if the borough does not participate in this we might well be faced with putting together a similar report and that the cost then will be much greater. There was concern as to whether or not this would be a viable project if the borough were to split and Mr. Gariss replied that he had been in contact with Mr. Kevin Waring who was aware of the present situation, however they were willing to go ahead and spend the money. Mr. Sutliff moved to reject the Planner's request for funds for publication of the environmental atlas, seconded by Mr. Estes. The question was raised about the collection of the information and whether it was up to date,. Mr. Gariss stated that most of the information was taken from the earth satellite and that the Environmental Data Center has availed themselves of a great deal of information. The question was called on the question and the following roll call vote taken: Mr. Pestrikoff, NO; Mr. White YES; Mr. Estes YES; Mr. Sutliff YES; Dr. Cathey NO - motion failed. No further action taken on this item VIII NEW BUSINESS A. A. Request from KEA for Easement across Block 39, East Addition for Routing of Underground C.'dhles. Mr. Sutliff moved to grant this request, seconded by Mr. Estes. Since this property is currently owned by the school and no determination has been made about the ultimate use, it was suggested that the easement have a condition on it for removal in case there was a need for this area for construction. Mr. Estes amended his motion with the approval of the second to read - and that upon 180 days notice it would be terminated and be removed by the utility companies involved. Question called, motion passed by unanimous roll call vote. B. Request for Use of Borrow Site - Miller Point (Brechan Enterprises) with Memo from Planner. Mr. Gariss noted that the City public works had urged that this site be used to supply gravel for the construction season, further the City is working to develop a new site and this would be temporary. Mr. White moved to accept the recommendations of the Borough Planner andallow the utilization of the specified request of 17,000 yards of rock by Brechan Enterprises to be removed from the Miller Point borrow site, seconded by Mr. Sutliff. Mr Gariss stated that the assembly should allow Use negotiated use of this area with other contractors and that we have use of up to 75,000 cubic yards. In addition it was suggested the value of this rock should be obtained and as suggested by the Planner gravel, fill and decorative rocks equal to the value should be received by the borough. Question called, motion passed by unanimous roll call vote. Mr. White moved that the Borough Administration be authorized to enter into additional agreements with contractors to take rock from the quarry in amounts not to exceed 20,000 yards and all removal of rock be taken at the established local rock quarry price, seconded by Mr. Estes. This ) l 1 1 2 1 1 I 9 7 KW ASSEMBLY MEN. iNG - JUNE 6, 1975 9 will give permission to negotiate for rcck and top -soil . Question called motion passed by unanimous roll call vote. C. Request. for Temporary Use of Bore 'h Property to Rebuild Boat - located in Block 39, East Addition, John Malutin and Andrew Skonberg. Letter of request read. noting that this is a wooded area directly behind Norton's property. Mr. White moved that the request of school property for temporary occupancy for the purpose of working on a boat be granted, seconded by Mr_._Pe_strikoff. Question called, motion passed by unanimous roll call vote. D. Letter from Division of Lands, Re: Preference Rights Application for Tidelands Uganik Tradin2Company, read by the Deputy Presiding Officer.. The the area location was reviewed. Mr. Sutliff moved to voice non - objection, seconded by Mr__P_estr ikoff. Question called, motion passed by unan moos roll. call vote. E. Request to Have BuildintRemoved on Lot 13, U'. S. Survey 3098 - Action taken at Thursday night meeting F. First Reading Ordinance No. 75 -17 -0 Reclassifying Portion of U. 5. Survey_,1882 encompassed by the Boundary of Woodland Acres Subdivision, 2nd Addition, from Conservation to Unclassified (Case 271 -D). Mr. White moved for the adoption in the first reading of Ordinance No. 75 -17 -0, seconded by Mr. Sutliff. Question called, motion passed by unanimous roll call vote. G. Resolution No. 75 -20 -R. Action taken at Thursday night meeting 14. Resolution No. 75 -21 -R Approving Final Vacation and Replat of Lot 16, Block I, Airpark Subdivision and Lots 4, 5, 6, 2, and portion of 7, Allman LaLande Subdivision (Case 349 -A) . Mr. White moved for adoption of Resolution No. 75 -21 -R, seconded by Mr. Estes. The map area was noted. Question called and motion passed by unanimous roll call vote. It was noted that this will give those lots involved direct access on Mill Bay Road I.• Review.andApproval of Agreement for Engineering Services, Local Service Ro and Trails Program,. The Clerk noted that this agreement has been approved by the Department of Highways, both in Anchorage and in Juneau and must be approved by the Borough Assembly. Mr. White moved that the Borough concur with the proposal of engineering services by R. A. Jones, Construction Engineer, for services :o be conducted on the local service roads fcr Otmeloi Road and Lakeview Drive, seconded by Mr. Estes. The local roads program was discussed briefly and it was noted that the borough's update of priorities should also include those necessary roads for the village areas, for the sanitary landfills and, for the airports. The Question was called and motion passed by unanimous roll fall vote.. J. ,.Letter from Alaska Legal Service & Department of Interior, B.I.A., Re: Tax Refunds for Fred Chernikoff and Floyd Anderson, Ouzinkie. Apparently the property of IN r.Chernikoff has the same status of Ada Panvnaroff's in that Mr. Chernikoff does not own his house and has been paying taxes on this property. The Borough Attorney has advised that the tax should be refunded on Mr. Chernikoff's. Further the Attorney stated that due to the Ouzinkie 1,a 1.1 VC Townsite Deed that the 4 - uses Would have, the same status as the land and that no taxes should be levied. The Clerk requested authorization to have.this reviewed by another attorney as the question was not the Townsite Deeds, but the fact that the houses were owned by individuals and were taxed on a lease -hold interest basis. Mr. White moved to refund the taxes for one Fred Chernikoff, seconded by Mr. Sutliff. Question called, motion passed by unanimous roll call vote. Assembly direction was given to the Clerk to seek additional information on the second. request. 1 0 1 1 2 1 (1 19 n, KIB ASSEMBLY MEETING - JUNE 6. 1975 Page 10 K. Review 6 Approval of Co -op Agreement, HUD Discretionary Funds, this is necessary as a part of the HUD application and must be approved both by the Assembly and by each governing body of each community involved. At this specific time, we are dealing with the communities of Old Harbor and Ouzinkie. Noted in the agreement that the administrative costs will be borne by the grant and that the communities of Ouzinkie and Old Harbor will not be charged with this thereby leaving their grant entact. Mr. Pestrikoff moved to approve the co -oo agreement, seconded by Mr. Estes. Question called, motion passed by roll call vote. L. Health Needs Report deleted as the Planner wished to state only that the Study was on schedule M. Lease Request For Property on Raspberry Island - Action taken at previous Thursday meeting N. Resolution No. 75 -22 - R Designating Borough Representative Authorized to Apply for Surplus Property. This is an updating of the current application and permit which would allow the representative designated to apply for surplus property . Mr. White moved for adoption of Resolution 75 -22 -R, designating the Borough Mayor and Borough Clerk as representatives of the Borough authorized to apply for surplus property, seconded by Mr. Pestrikoff. Question called, motion passed by unanimous roll call vote. P. Tax Adjustments for Tax Year 1974 and Adjustment to Certified Tax Roll of 1975. Mr. White moved for Borough concurrence with recommendations of P -75 — adjustments 6) and Tax Year 1975, as seconded by Mr. Estes. Question through called, motion passed by unanimous roll call vote. P. Monthly Expenditure Reports for April and May, 1975, noted received by the Assembly. Q. First Reading of Ordinance No. 75 -19 -0 Establishing 1974/75 Borough Bud ;e read by title only. Mr. White moved for adoption in first reading f Ordin No. 75 -19 -0, seconded by Mr. Pestrikoff. Question called, passed roll call vote. IXMAYOR'S REPORT - none X ASSEMBLY COMMENTS A. Comments on Akhiok Airport Project. Mr. Gariss noted that this project is needed not only for transportation but because the land removed will be used in the sanitary landfill located in Akhiok. There was a question raised as to whether or not the landing strip was placed in a location to make use of the prevailing winds and that this should be determined prior to the expenditure of the funds. With the recommendations on this location it should be noted that there are additional villages that need to have airports Mr. White moved that the Borough Administration Mrs a diligently the onded b proposed airport project for Akhiok, by It was suggested that local pilots familiar with the location should be asked about the location and direction of the strip. The question was called and motion passed by unanimous roll call vote. B. Request to Renew Annual Lease, Island Sand 6 Gravel, Bells Flats area. Mr. White moved for Borough approval of the renewal of the borrow lease for Island Sand 6 Gravel, Mr. Earl Deater, seconded by Mr. Estes. Question called, motion passed by unanimous roll call vote. C. Ratification of appointment cf Three New Members to the Bicentennial KIB ASSEMBLY MEETING - JUNE 6, 1975 Page 11 Commission. The Commission requested the addition of Father Kreta, Eunice Neseth and Lucy McIver as members to the local Commission. Mr. White moved for the appointment of Father Kreta, Eunice Neseth and Lucy McIver to the Bicentennial Commission, seconded by Mr. Pestrikoff. Question called, motion passed by unanimous roll call vote. D. Clerk's memo re Conversation with Mr. Bob Sharp, Tryck, , Nyman 6 Hayes RE; Charge for Work done on the small boat harbor. Mr. White noted that this has been reviewed at the City level and that the Council had indicated willingness to pay for this information if it is used in the study. The Clerk was directed to check with Mr. Sharp and determine if the study was conducted on the written authority of the past Borough Mayor. E. For Information - the Assembly was advised of the planned Hearing Seminar in Kodiak, July 7th, 1975, to be conducted by Ambassador John Norton Moore, Senator Mike Gravel and Mr. Howard Pollock. F. Mr. White suggested that since Mr. Tom Terry was present this evening he should be sworn in. Mr. Terry was sworn in by the Borough Clerk to the office of Borough Mayor. Mr. White then moved for the adoption of Resolution No. 75 -19 -R listing individuals authorized to sign checks and negotiable instruments for the Borough, seconded by Mr. Estes. Question called, the motion passed by unanimous roll call vote. G. Mr. White asked about the status of the Proposed Land Sale for Mr. George Lindholm and it was noted that the survey has been done and that it is anticipated that this will be available for completion at the next regular assembly meeting. H. Mr. White noted that the assembly will shortly be involved in the selection of an attorney and suggested that it would be in the best interests of the Borough to discuss the Ordinance that was tabled during the meeting of June 5. Mr. White moved that action taken at last night's meeting be rescinded and that Ordinance No. 75 -15 -0 be removed from the table, seconded by Mr. Sutliff. Question called, motion passed by unanimous roll call vote. The assembly voiced the necessity of having ready access to the attorney for legal advise and that this should be taken care of as soon a s possible. The motion before the assembly was to approve Ordinance No. 75 -I5 -0. The question was called and motion passed by unanimous roll call vote. I. Mr. Estes asked about the vacation of the easements on Lots 24 and 25, Russian Creek Subdivision and it was noted that this vacation is part of the new plat, further that the road did not go anyplace, and that the utilitiy x placement request was not involved in this area. )6 AUDIENCE COMMENTS A. Mr. Wamser asked about the status of the lease to the Island Hoppers, noted that this is progressing on schedule. Mr. Wamser was interested as there is a need for tie -down space near the airport. B. Sister Josephine noted that she was in agreement with the ordinance "I 0 1 1 2 1 n 1 9 9 KIB ASSEMBLY MEETING - JUNE 6, 1975 Page 12 as passed by the assembly relative to the appointment of the Attorney and Borough Clerk. XII ADJOURNMENT There being no further business, the Assembly meeting was adjourned at 11:45 p.m. • a ATTEST: , APPROVED: ' Norma L. Holt, Borough Clerk Thomas D. Terry, Mayor -cj 1 .11 1 1211 KODIAK ISLAND BOROUGH Summary of Tax Adjustment Requests 1975 NO. NAME MEMO AMOUNT P - 75 - 1 South Central Air Taxi Error in addn. & over subtract assessment on plane 198.22 P - 75 - 2 P. Pikus & William Corbin Filed Both in Original & subtract Supplemental 49.38 P - 75 -3 Herman Anderson Bookkeeper filed in error Subtract Boat sunk May 12,1972 62.70 P - 75 -4 Ronald Tennison Sold to T.T. Jackson 1973 subtract Jackson filed 32.84 PERSONAL PROPERTY TCA 8 Subtract $ 280 1.44 TCA 5 Subtract & 62.70 DATE: 0 `l 2 2 PREPARED BY: pb 0 2 1 9. KODIAK ISLAND BOROUGH ADJUSTMENT REQUEST ACCOUNT No, Personal Property TCA 8 ADJUSTMENT NO . - 7.5 - NAME: South Central Air Taxi Inc. By David Henley ADDRESS: P.O. Box 1095 Kodiak, AK LEGAL DESCRIPTION: Champion Air lane -Model 76C BC , Office E ui . Van, Snow Mach. & Cycle REASON FOR CHANGE: Error in Addn. & Over Assessment on Plane YEAR: 1974 VALUATION CITY & BOROUGH TAX Fire BOROUGH TAX ASSESSED VALUE: 42,800 69.34 + 250.80 = 320.14 ADD: SUBTRACT: 26,500 42.94 + 155.28 = 198.22 CORRECT TOTAL: 16,300 ---�_ 26.40 + 95.52 = 121.92 n 2 n NAME: P. Pikus & William Corbin ADDRESS:Box 2834 Kodiak , AK REASON FOR CHANGE: YEAR: 19 75 ASSESSED VALUE: ADD: SUBTRACT: CORRECT TOTAL: PREPARED BY: GB • 6,000 -0- KODIAK ISLAND BOROUGH ADJUSTMENT REQUEST DATE: ACCOUNT NO. Personal Property TCA 8 ADJUSTMENT NO. P - 75 - LEGAL DESCRIPTION: Island Lake USS 3219 Block 2 Lot 2 & 3 Filed Both Otiginal & Supplemental VALUATION gang BOROUGH TAX "- - BOROUGH TAX PEN. FIRE 6,000 4.50 + 35.16 + 9.72 49.38 Ed Ha $ 49.38 DATE: NAME: ADDRESS: Sono 0(1 LEGAL DESCRIPTION: REASON FOR CHANGE: Bookkeeper filed in error( Hajdu) YEAR: 197t_ ASSESSED VALUE: ADD: SUBTRACT: CORRECT TOTAL: PREPARED BY: GB • Herman Anderson Ouzinkie, Alaska MAy 12, 1972 10,700 KODIAR ISLAND BOROUGH ADJUSTMENT REQUEST ACCOUNT NO. Personal Property TCA 5 ADJUSTMENT NO. M/V Fortune - Commercial Fishing Vessel: VALUATION CITY b BOROUGH TAX 10,700 $ 62.70 Boat Sunk in ASSESSO P - 75 - 3 BOROUGH TAX $ 62.70 $ 62.70 $ 62.70 4 DATE: NAME: Ronald Tennison ADDRESS: Box 2206 Kodiak,Ak 99615 LEGAL DESCRIPTION: Marlette 1957 10X50 House TRAIIer REASON FOR CHANCE: Sold To T.T. Jackson In 1973 YEAR: 19 74 ASSESSED VALUE: ADD: SUBTRACT: CORRECT TOTAL: PREPARED BY: • 1 r)? 1 ^ 2 't r GB VALUATION 4,000 4,000 KODIAK ISLAND BOROUGH ADJUS -BEST ACCOUNT NO. Personal Property TCA 8 ADJUSTMENT NO. - - 4 CITY 6 BOROUGH TAX FIRE BOROUGH TAX pen. $ 2.92 •23.44 + 6.48 $ 32.84 $ 32.84