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07/01/19710 0 0^ 1 4 5 7° KODIAK ISLAND aoROUG'ii ASSEiiELY f L'IG JULY 1, 1971 I CALL TO ORDER The meeting was called to order by Presiding Officer Ed Naughton, at 7: 45 P.M. in the Courtroom of the State Office Building, Kodiak, Alaska. II ROLL CALL ?resent Absent Ed Naughton, Presiding Officer Gir. Wilton T. White, Borough Chain Dick Sims Norman Sutliff Don Arndt T. T. Jackson (late arrival) Also present: Russell M. :Talker, Borough Clerk- Treasurer; several members from the Planning & Zoning Commission and approximately ten people in the audience. III MIMES OF PREVIOUS h iLNG A. Assembly - regular meeting - June 17th, 1971. Mr. Sims moved for approval of th minutes as presented and requested unanimous consent, there being no objections, the Chair so ruled. B. Assembly - work session - June 25, 1971, submitted for information only. IV f+IINt)r'ES OF OTHER 11EMIUBS A. Planning & Zoning - regular meeting - June 23, 1971 B. Planning & Zoning - work session - June 30, 1971. These were submitted for information and no comments were made concerning the meetings. V COMMUNICATIONS AND APPEARANCE REQUESTS A. Letter re Lease of lots in Bells Flats; Mr. Lindholm read in full by the Borough Clerk stating a request for leasing and development of Lots 24, 25 and 26 of the Russian Creek Subdivision. It was stated that it is the desire of the Lindholms to build a commercial greenhouse complex which will consist of as many greenhouses a warranted plus separate produce gardens. The letter further listed the past experts along this line and attached a five year plan for development. The Borough Clerk noted that It has been proposed to have this land sold in the next land sale and that Division of Lands is waiting until written wort•, has been received from the Port Lim City Council concerning the sale of the land in Port Lions 1st addition. Verbal word bas been received from Port Lions expressing their desire to have the lard offered for sale, however the Assembly is waiting for written Resolution. t'k'. Sims moved to withdraw this land from the land sale and approve the negotiation for such leasing by the Borough Chairman in accordance with the Borough Ordinances. seconded by Mr. Arndt. In answer to a question as to whether or not the Lindholms would be able to buy the land in the fall, the answer was yes, noting that time was the element now as they wished to get started as soon as possible. The Lindholms further stated that they were aware that they would be taxed as. if they owned the land. The size of the proposed greenhouse noted as being 48 X 20*. Mr. Lindholm.explaisned a little of the operation that they will be building. Mr. Harry Carter was in the audience and stated that the Borough Assembly should not been entering into any type of lease or sale of the land in Bells Flats area as this is still under consideration by the Native Association. The point was made that it would not be fair to the people desiring this lease to indicate that the Borough could in fact do so. He further noted that the people could not gain control of land that has been TA'd to the Borough. It was further noted by the Borough Clerk that correspondence has not been received firun Les ?'i11er, Native Association lawyer, answering our questions on the leasing of the lard in Bells Flats. Mr. Naughton said the Assembl could assume that the attitude could be the same on leasing as it is on selling of the land. (note Mr. Jackson's arrival) A five minutes recess was declared in order that Mr. Jackson could read the application letter and talk with the Lindholms. Mr. Sims noted that the question before the Assembly was whether the Assembly approt of the proposed development plan; further felt it would be in order to pass this motion with the understanding that the Lindholm's are advised on KANA's stand and the Lindholms might wish to contact KANA to make sure that they would not run into trouble prior to leasing the land through the Borough. Noted that tir. Henry E. East P. 0. Box 1423 is President of KA:LA. The Alaska Division of Lands has been stating that they will stand pat on the sale, but it is not {mown what type of litigation is possible. The question was called for and motion passed with the following 0 0 1 r I n ; 1 n KIB ASSEMBLY 7 t rL - JULY 1, 1971 Page 2 roll call vote: Mr. Jackson - YES; Ir. Arndt - YES; Mr. Sims - YES: Y.r. hauehton - B. Letter re Lease of Lots in Bells Flats; tr. Brassie read in full by the Borough Clerk, stating a request for lease of Tracts "H" and "I" of the Russian Creek Subdivision. The plat of the subdivision was studied to determine the location. It was noted that the proposed trailer court will not be started until :'r. 3rassie has an opportunity to purchase 'I ". It was noted that it appeared that the comple of the five -year plan was contingent upon the purchase of that tract. Further note that this was subject to negotiations with the Borough Chairman who would make the determination of whether or not the plans could and would be carried out. tr. Sims moved to table this item, seconded by fr. Arndt, motion passed by unanimous voice vote. This item is table in order to allow for gathering of further information. VI PUBLIC HEARING A. 2nd Re and Public Hearing Ordinance No. 71 -10 -0 Authorizing Loan from National of Alaska fo Portable Classroom Units, read in full by the Borough Clerk, noting that the funds from State and Federal Sources have not as yet been received by the School District and this Ordinance is drawn for the loan of the money until such time as those funds are available Gr. Sims moved for adoption of Ordinance No. 71 -10 -0 in second reading, seconded by Mn. Jackson. The regular meet was recessed and the public hearing on the ordinance opened. There being no commen from the audience regarding this ordinance, the public hearing was closed. The regular meeting reconvened and question called for; roll call vote was as follows: Mr. Jackson - YES; ir. Arndt - YES; Pt'. Sims - YES; Pr. Naughton - YES; Motion pas VII PLANNING & ZONING ITEI'TS A. Resolution No. 71 -13 -R Approval of Final Plat, Vacation of Portion of Erskine Avenue, Brechan & Iani, read in full by the Borou Clerk. Mr. Arndt moved for adoption of Resolution iio. 71 -13 -R, seconded by Nr. Jackson. The plat was studied and noted that a multiple dwelling complex is scheduled for development in that are The question was called for and motion passed by unanimous roll call vote. B. Letter from Planning & Zoning Commission regarding Violation of Borough Code of Ordinances, read in full by the Borough Clerk. The letter stated that ',7r. Dennis Cessna had started construction on a four -plex in an R -1 Zone prior to coming to tI Borough Office to request a rezoning of that area. Further that in applying for a building permit Mr. Cessna had obtained only a foundation. Although the Comnissi did concur in the rezoning of the area, is the general feeling that the Assembly should take some type of penalty action on this matter in accordance with the Code regarding violations of same. Mr. Cessna was in the audience and pointed out that there was an error in the memo as he was the Building Inspector for the Borough ant not for the City. He further stated that he was not aware of any violations regart the zoning as Mr. Sam Best, former Chairman, told him that he could place a four - plex in that area. iNr. Cessna further stated that he had paid for a full building permit and was informed it would be mailed to him; that in picking up the permit Mr. LeDoux had picked up the foundation permit. Mr. Cessna stated that he was not trying to get anytling pushed through and after hearing from the lawyer on this matter it was his impression that he could go ahead and get the roof on and windows in to protect the interior of the building and then stop until the paper work had gone through. Mr. LeDoux stated that he had taken the papers around to the members of the Planning & Zoning Commission requesting the necessary variance set -back and exception to the size of the lot - and that this had been done in the past as just a sort of formality. Mr. Welch, Chairman of the Planning & Zoning comnissior stated that when this was first brought to the attention of the Commission and Borough, the Clerk had talked to the lawyer and it was his understanding that the "lock -up" stipulation only meant securing of the building to prevent damage and the on inspection he found that Mr. Cessna had continued with the second story. Mr. Cessna noted that to him the putting on of a roof meant the top roof and not the second floor. He would like to be able to finish the roofing and put in windoe and nail up the doors and then would stop until such time as the paper work had bee processed. Mr. Jackson moved that Hz'. Cessna be allowed to do as he requested, seconded by Mr. Arnt. The Chair noted that this would be finishing the roof, putting in windows and nailing plywood over the doors on the new construction on Lot 1, Block 2, Allman Addition. Pr. Sims voiced the opinion that the Assembly was under strong obligation to act on the Planning & Zoning Commission recomnendat_ The question was called for and motion passed by voice vote, so ruled by the Chair Mr. Arndt feltthat this should he tablelfor further action until some opinion was 1 1 n 1 ) 4 S 1! KIB ASSEHBLY 6EEIING - JULY 1, 1971 Pa 3 obtained from the Borough Attorney and that this would be up to the Borough Chairman Mr. Arndt moved to table this until more information is obtained, motion died for lac of a second. Mr. Sims moved that the Borough Chairman be instructed to burn this over to the City 'Tanager, died for lack of a second. Mt. Arndt noted that Art'. Cessna has donated much of his titre and effort to the Berou€ and Cornunity and he would not want to place a penalty on him. Mr. Welch stated that the Commission had worked many long and hand hours on the zoning and seeking better ways for the people in the community to build, and that it was not right to bypass a violation. Further if this one is bypassed the door will be left open for many more such violations and in that case the Borough should not even have a Planning & Zoning Commission. it•. welch noted that Mr. Cessna is a reasonable man and would be willing to pay sarething to get this straightened out and finished. Mr. Cessna interjected that he was the Code stos prooed o` a member fluid the Cmission, poted for violations and as a ratter of principal this should be followed. Further noted that in the past week or so there has been much discussion on rezoning of several areas and the residents of that area were particularly interested in the methods of enforcement of the restrictions that were requested. There has been talk of havi a full time building inspector, but if the ordinances are not to be enforced then the ordinances should be changed. Mt. Naughton stated that the Borough Assembly is the legislative body, the Chairman and staff are the executive body and that this is a matter of enforcement and shoulc be handled by the executive body. Nt'. Naughton ruled as th etChai. touse set othithis basidr for delivery to the executive section. It was suggested handled by the judiciary body. VIII OLD BUSINESS A. Request for Formal Action from Assembly Regarding the Proposed Sewer System Area. The Borough Chairman had requested that the Assembly take formal action on area involved in the proposed sewer system; consideration should be given as to the amount of area to be placed on petition for annexation; either the entire fire district or just aportion of that area. The Borough Clerk noted the steps to be taken prior to the annexation finalization. That the petitions will be have to circulated, the City Council will review and draw a resolution, a public hearing will be held and either a special election or general election. Should this fail under election, the Boundary Commission will determine the area by legislative acti It was pointed out that in reviewing this with Mr. Chapman the annexation of the area involved seemed to be the most logical solution thereby enabling the Borough to carbine efforts with the city in the implementation of the sewer system and treatment plant. Mr Sims moved for petitions to be drawn for that area designates on lily f by oArndt. Scheme The�questi no was called f and motion passed by u Doran unanimousStation, secc roll call vote. EA NEW BUSINESS A. Request for Tax Exemption - Senior Citizen Ordinance - Nt. Nick Noya, read by the Borough Clerk noting that the papers are in order. Mr. Sims moved for approve of the Noya's request, seconded by Mr. Arndt. Motion passed by unanimous roll cal vote. that papers are in order. it. Sims Citizen ved to approve the exemption h� noted requested, seconded by Nt'. Jackson. Motion passed by unanimous roll call vote. C. Resolution No. 71 -14 -R Authorizing the Borough Clerk to Prepare the 1971 Tax Foreclosure List for Tax Years 1968 and 1969, read in full by the Borough Clerk. bit'. Arndt moved for approval of Resolution No. 71 -14 -R, seconded by Mr. Sins. Passed by unanimous roll call vote. D. Resolution No. 71 -15 -R Authorizing Publication of the Tax Foreclosure List in th Kodiak vlirror, read in Dill by the Borough Clerk. Mr. Sims roved for appro7 . and ado tion of Resolution Ho. 71 -15 -R seconded b Mt. Arndt. Air. Jackson asked whether or not consideration had been given to having the notices placed in the ATTEST: 10121 4 S 1 KIB - ASSE4BLY - JULY 1 1 Page 4 other local paper. The Clerk explained the procedures for preparation of the foreclosure lists and noted that because of certain tire schedules it is necessary that publication be made in a daily paper. The Clerk further noted that the Island Tires is being used for other work that does not require such time schedules. The question was called for and the motion passed by unanimous roll call vote. E. Resolution No. 71 -16 -R authorizing the Bcrongh Chairman to Deed Surplus Land to the University of Alaska for a Community College, read in full by Mr. Sirs setting forth that area containing 50.1 acres more of less for such purpose. Mr. Jackson moved for adoption of Resolution No. 71 -16 -R, seconded by Mt. Sims. The maps of the area were studied. Mr. Al George of the Planning Department, University of Alaska was present; noted that the plans are for one building now with expansion as the community grows. The question was called for and the motion passed by =animas roll call vote. F. Tax Adiustnents read by the Borough Clerk. hr Sias moved for adoption of the tax adjustments, P -2 -71; P -3 -71 and R -71 -3, seconded by ■r. Arndt, The question was called and motion passed by unanimous roll call vote. X CHAIRMAN'S REPORT - NONE XI ASSEMBLY COM,ENIS A. Mt. Jackson re Location of Sewer Treatment Plant. Mt. Jackson voiced objection to the location - of the plant in a residential area and suggested that there were several other areas within 200 feet that would be more suitable and were not occupie These areas included service /recreational; industrial and R -3 zoning. B. Mr. Sims re Code Violation. Mr. Sims stated that he wanted to let the P &Z Commission know they do have the support of the Assembly regardless of what took place or would take place on this matter. Further felt that the Assembly would t- derelict in their duties if the recommenations of the P &Z Commission were not followed. The fact that ;.t. Cessna has given of his time and effort can be tare: into consideration at the time of action. XII ADDIENCE 00?TezNT'S A. Mr. Lindholm re Sewer Treatment Plant. Mr. Lindholm stated that he had heir -: put in a primary treatment plant and would recommend that consideration be give to putting in the best system possible and would strongly suggest a secondary s; It was noted that the plans for such treatment have not been finalized as yet ari the plans submitted this evening were for the sewer system and were filed for t! application of funding. Mt. Jackson reinterated his feelings that the Borough and City should consider another location for the plant and move back so that possible expansion can be done. XIII ADJOURNMENT There being no further business the meeting was adjourned. at 10:10 P.M. Borough Clerk APPROVED: Borough Chairman n 0 1 1 ! 4 S 1 •- KODLAIC ISLAND BOROUGH M E M O R A N D U M TO: BOROUGH ASSEMBLY FROM: JOHN R. LUCAS, BOROUGH ASSESSOR DATE. JULY 1, 1971 REFERENCE: TAX ADJUSTMENTS Attached hereto are three tax adjustments for which we request passage by the Assembly. A brief summary for these adjustment requests is as follows: P -2 -71 William C. Allen Mr. Allen left Kodiak October of 1969 and had been erroneously included on our 1970 Supplemental Tax Roll. Taxes amount to $10.50. P -3 -71 C. L. Rosengren The Rosgngren's left Kodiak in 1969 and also were on the 1970 Supplemental Tax Roll in error. Taxes amount to $7.70. R -71 -3 King Crab, Inc. Lot 18 -D, Block 8 of the Leite Addition has been included in the evaluation of Lot 5 of U. S. Survey 2873 and should therefore be deleted from the 1975 Tax Roll and subsequent Tax Rolls. The 1971 taxes would have been $54.32, but as stated this amount is included with the aforementioned Lot 5, USS 2873. JRL:km - John R. Lucas, Borough Assessor