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04/06/19721 0 D 2 1 1 4 5 5 KODIAK ISLAND BOROUGH ASSEMBLY MEETING APRIL 6, 1972 I CALL TO ORDER The meeting was called to order by the Presiding Officer, Norman Sutliff, at 7:30 P.M. in the Courtroom of the State Office Building, Kodiak, Alaska. II ROLL CALL Present Absent Wilton T. White, Borough Chairman Norman Sutliff, Presiding Officer Don Arndt Dick Sims Fred Brechan Harry Clowes Also present: IM. Bob Greene, School Superintendent, several members of the school administration; tor. Russell M. Walker, Borough Clerk and approximately 25 pule in the audience. III MINUTES OF PREVIOUS DIEETLNG A. Assembly - regular meeting - March 2, 1972 - Mr. Sims moved for approval of the minutes as presented, seconded by Mr. Brechan. No objections being voicec the minutes were so approved. Iv MINUTES OF ORHER M&ETLIGS A. PE - regular meeting - March 22, 1972 - No comments were made. B. School Board - regular meetings - February 27 and March 20, 1972. No comments C. Comprehensive Health Board - regular meetings - February 28, March 1, 15 and March 22nd, also minutes of the April 5, 1972 meeting. Mr Sims suggested the Assembly offer no objections to the minutes with the exception :f the 1 minutes of April 5, 1972, concemhg the extended care facility In .rder that this could be brought up later in the meeting. V COMMUNICATIONS AND APPEARANCE REQUESTS A. 1972 -73 School Budget - The Borough Chairman noted that the Budget Is receivec far the review of the Assembly .members and that prior to the public rearing me or two work sessions should be scheduled with the School Board and Assembl in order that any questions can be answered. A check will be made as •o whether or not an ordinance must be drawn for the passage of the scnoc_ budget and if necessary, this will be done. As required by law the Asserbly -rst act on the School Budget within thirty days. Mr. Cloves moved that the record show the Assembly's receipt of the school budget at the April -•h 1972 regular meeting, seconded by Mr. Arndt. No objections voice the - ctian was so passed. B. Request for extension of Land Payment - Resoff. Mr. Resoff has rusted an extension of his annual land payment from Division of Lands. Letter ft-cm Division of Lands has asked for the Assembly's concurrence in this art ersion. Mt. Sims moved that the Borough Assembly concur with this request, - e-_-..r cod by Mt. Brechan. No objections voiced, it was so ordered. C. Approval of Games, Chance & Skill Permit Application - KANA - letter read and the application form reviewed noting that the organi.ati.n has been in existence for the required five years, the proceeds will create a general fund with which to promote various association ac•lvIt:es. Mr. Brechan moved that the Borough Assembly voice no objection to tr _;uance of a permit for Games of Chance and Skill to RANA. seconded by Mr. �-< purl the discussion Mr. Sins noted that this item was not included in the ;.�erbly information package and requested that all letters should be included :n the future. It was noted that most of these applications care thrcuti *re City Council but assumed that this was presented to the Borough Assembly is any of the activities will be taking place outside the City in the Bore:;,^.. The question was called for and motion passed by unanimous voice vote. VI PUBLIC HEARING A. 2nd Reading and Public Hearing Ordinance No. 72 -4 -0 Authorizing Loan of $7.000 to Community College for Access Road, read in full by the Borough Chairman. Mr. Sims roved for approval of Ordinance No. 72 -4-0 on second reading, seconded by Mr. Brechan. The regular meeting was closed and a public hearing opened on the Ordinance. The Borough Chairman gave a short resume on the background of the ordinance noting that the Community College had used all the money available this year for the building of the new unit and that no funds were left for the road or utilities. The City has installed the utilities on a demand charge basis and the Borough 1s making available a loan at no interest for the construction of an access road. The loan will be repaid when the College receives its next capital funding grant. In answer to question concerning the use of Land Survey Funds it was noted that these are finds that are used for the betterment of the community and community services The Borough is making the loan under the education powers as the entire community does use the Community College. The public hearing was closed, the regular meeting reconvened. The question was called for and motion passed by unanimous roll call vote. 1 1 0 1; 1 4 5 5 e KIB ASSEVELY (CC - APRIL 6, 1972 Page 2 VII PLANNING & ZONING 'TIS A. Resolution No. 72 -18 -R Approval of Final Plat, Entire Urban Renewal Area - ASHA (Case 210 -A); read in full by the Borough Chairman. The plat was re- viewed, the Borough Clerk noted that on Block 15, there would be only two lots rather than the original five lots. Mr. Brechan moved for adoption of Resolution No. 72 -18 -R, seconded by Mr. Clowes. The question was raised concerning buildings that were on lot lines; sidewalkd that were on lot lines and areas that had been taken for streets. The Clerk stated that there were no problems and the Chairman asked that any problems be listed in order that this could be discussed with the Borough Engineer. He further noted that this will be checked with the Borough Engineer, Mr. R. A. Jones, prior to the Borough's signing the plat. The question was called for and the roll call vote was as follows: Mr. Clowes YES; Mr. Arndt YES; Mr. Brechan YES; Mr. Sims - declared that he had an interest, a pending loan which could not be approved until the plat was approved - voting YES; Mir. Sutliff YES. VIII OLD BUSINESS A. 1st Heading Ordinance No. 72 -7-0 Authorizing Sale of General Obligation Bonds won; read .tie y in first reading. Mr. Sure moved for approval of Ordinance ?ro. 72 -7 -0 in the first reading, seconded by Mr. Brechan. question was called for and motion passed by unanimous roll call votF (Secand Reading and Public Hearing to be held on April 14th, 1972) IX NEW BUSINESS A. Resolution No. 72 -14 -R Support of House Bill 669 read in full by the Borough Chairmen. House Bill 669 relates to state aid for retirmenet of school construction debt. Mr. Sims roved for adoption of Resolution No. 72 -14 -R seconded by Mr. Brechan. No objections voiced, it was so ordered. B. Resolution No. 72 -15 -R Support of Memorandum of Understanding for Civil Defense in which the position of City tanager is designated as the Civil Defense Director for the Kodiak Island Borough. The City Manager has two assistants, the Chief of Police within the City and Mr. Tony Perez for that area outside the City. Mr. Sims roved for adoption of Resolution No. 72 -15 -R seconded by Nh'. Clowes. Motion passed by following roll call vote: Mr. Sim; YES: me. Sutliff YES: Mr. Arndt YES; :k•. Brechan N0; Nh'. Blowes YES. C. Resolution No. 72 -16 -R Setting 1972 BCE Cate as Monday, May 8th with alternate date of Tuesday. May 9th, 1972. Mr. Brechan moved for adoption of Resolution No. 72 -16 -R, seconded by Mr. Arndt, .motion passed by unanimous roll call vote. Resolution No. 72 -19 -R Pequesting withdrawal of Afognak Village from Land C ttlement Act, read in full by the Borough Chairman. Mr. Clowes Raved for adoption of Resolution No. 72 -19 -R seconded by Mr. Brechan. Motion passed by unanimous roll call vote. 1 0 1 1 1 4 5 5 KIB sax MEETING - APRIL 6, 1972 E. First Re : Ordinance No. 72-6 -0 Authorizi _ ..enditure of $80 000 for !. Schoo , -sign, read 71 by t e -•rough Chairman. t was no ed t . this was the result of a question that arose at the last meeting - w•ther or not the Assembly could authorize expenditure of this amount of money without an ordinance. It was the Borough Attorney's opinion that this ordinance was necessary. Mr. Sins moved for adoption of Ordinance No. 72-6-0 in the first reading, seconded by Mr. Arndt. The Chairman asked the School Superintendent if the money had been physically received, the Superintendent noted that it had in the amount of $214,000.00. The question was called for, notion passed by unanimous roll call vote. P. Review of Audit Bids for 1971 -72 Audit. The Borough Clerk presented a resume on the firms submitting proposals. It was suggested that since several of the proposals had been received in the Borough Office as late as 4:30 this afternoon, that perhaps a further review should be made. Mt. Clowes moved to table this until the next meet to 2.ve the Chairman and Clerk and everyone more time to review, seconded by Mr. Arndt. The Cleric pointed out that the Borough's budget will be presented in MMay and a firm figure should be available for incorporation in the budget. It was requested that this be taken up at the special meeting of the 14th of April. No objections were voiced, it was so ordered. G. Application for Senior Citizens Tax Exemption, two application received and reviewed by the borough Cria.rrmsn with recommendation of approval. The two applications were for Barger K. Hansen of Port.Licns and Estelle Harris of Kodiak. Mr. Sims moved for approval of the two applications, seconded by Mt. Cloves. Motion passed by unanimous roll call vote. H. Voucher and Expenditure Report for Month of February received and reviewed. I. Tax Adjustments - one for real property in the amount of $4.74 and the other personal property in the amount of $5.32, The Chairman reconrended approval of the tax adjustments, so moved by Mr. Sins, seconded by Mr. Brechan. Motion passed by manias roll call vote. J. Approval of CED Progress Report for EDA - Resolution No. 72 -20-R read in full by the Borough Chairman. This 1s an annual update of a report required by federal agencies in directing funds to the community. The Ccmdttee has reviewed the draft raking the necessary changes and it is presented at this time for the Borough Assembly approval. Mr. Brechan moved for adoption of Resolution No. 72 -20 -R, seconded by Mr. Arndt. No objections, it was so ordered. K. Resolution No. 72 -21 -R Opposing U.S. Senate Bill 2815 concerning the requiremen for all citizens to surrender to the Federal Government read in full by the Borough Chairman. bk'. Sims moved for approval of Resolution No. 72 -21-R, seconded by Mn. Clowes. Notion passed by unanimous rol�all vote. L. Resolution No. 72 -22 -R Opposing House Bill 741 relating to the approval of !! subdivisions and multiple dwellings, read in full by the Borough Chairman. Mt. Brechan moved for adoption of Resolution No. 72 -22 -R, seconded by Mt. Clowes, motion passed by unanimous roll call vote. The Presiding Officer declared a five minutes recess. The nesting reconvened at 9:00 P.M. X CHAIRMAN'S REPORT Page 3 A. School Bond Program - In order that the Assembly members could be brought up to date on the possible injunction and legal action as indicated by Attorney George Vogt, Mr. Vogt was present in the audience to explain this to the Assembly. Mr. Vogt stated that he had received this matter two days prior to leaving town and had written a letter to the Bond Attorney in Seattle indicating such action. It. Vogt's client is Robert Brooks and there was no intention of concealment. It was explained that within the last year or two suits of this nature have been filed throughout the country and that several decisions have been handed down. The suit concerning not the inequity of taxation but the inequality of education within the taxing District that being the State. If the suit is won it would mean that the Borough would be prohibited from using phrthperty tax for the basis for construction and h® ASSEMBLY MEETING - APRIL 6, 1972 Page 4 operation of the Borough School System. Mt. Vogt vent on to explain the proceedaes he would be taking in preparing for this filing and noted that the suit will be filed. The Borough Attorney will have twenty days in which to answer the filing. Attorney Vogt has discussed this with Roy Madsen, Borough Attorney, and expects that within a period of 90 days some decision will be handed down. A similar case has been filed in Fairbanks and has been pending for nearly a year and a half. Mr. Vogt does not expect that the case in Kodiak will follow the same pro- ceedure. It could and would result in the School Bond program being enjoined and stoppage of the sale of the bonds. After a lengt discussion on this problem, Mr. Sims moved that the Borough get the opinion from the Borough Attorney onJrroper implementation and issuance of the school bands, seconded by Mr. Arndt. The Borough Attorney has been out of tarty on vacation but he has been made aware of the situation and such an opinion will be obtained. The question was called for and the motion passed by unanimous roll call vetee. It was further suggested by members of the Assembly that perhaps if the Borough Attorney is not available that contact should be made with someone in Anchorage. B. Sale of School Bands. Mt. Forrest Walls who is handling the preparation of the bond pad®ge has comrtrnted that we do have a saleable package, but it will probably be necessary to have an addendum indicating that there is possible legal action against the bonds. Mt. Walls had one question concealing what appeared to be a limit established by the Assembly at the December 2, 197I, meeting of a 4.5 mill levy. The tape of that meeting has been reviewed and a copy of that portion mailed to Mr. Walls for his review; however it does not appear that this Drill levy was a ceiling but an indication that this is a level that the community could afford. The first reading of the Ordinance to authorize the sale of the bonds has been conducted this evening, a public hearing and second reading will be advertised for April 14, 1972. me. Sims asked that a careful check be taker to see if it is possible to issue the bonds without the statement of possible legal action as it could have an effect on the interest rate that we can obtain. Instructions have been given to proceed as rapidly as possible with the preparations for sale. C. School Design - Bob Greene, School Superintendent, has talked with the architect and because of the delay it will not be possible to offer the bid in two different packages. The Architect will be working on the bid package as a single bid; requests for bids will go out on April 17th, opening of the bids scheduled for May 17 and the award of the bid set for June 6th. The Borough retains the right to reject any and all bids and will continue on this schedule and the Borough Attorney will be contacted on the proper proceed. ecnceming the proposed injunction. Mr. Branson asked if the Assembly had any objections to the School Board seeking an opinion from the Attorney General through the Commissioner of Education's office - no objection were voiced. D. Ouzinlde School - the bids for the Ouzinkde School are to be opened on Priday, April 'lth, at 2:00 P.M. at the School. It was requested that the Attorney be contacted regarding opinion as to whether or not the Borough is authorized to use additional local funds should the bid go over the amount previously authorized by the voters. E. Tax Assessments - The Chairman noted that the assessment notices have goe out and it is expected that all property will be on the original tax roll rather than some on the supplemental. F. Royal Large Request for Pus hose of Five Acme Tract. me. Large has submitted a request to purchase five acres from his thirteen -acre lease in Bells Flats. Since this was received very late in the Bo>;bugh Office the Chairmen requested fuurther time for review. It is possible that this could be leased under the fifty-five year lease arrangement and proposed plans should be received for development under our requirements. G. Chiniak School Advisory Board has extended an invitation to the members of the Borough Azsemb]y to attend Open House at the Chlniak School on April 15, 2:00 to 5:00 P.M. • 1 !) ') 1 1 1 4 6'5 7 KIE ASSF1'8LY MEETING - APRIL 6, 1972 Page 5 H. Comprehensive Health Board has received a request from the Hospital to make application for an extended care facility and they (the Board) recainends approval of the application provided that a new contract can be negotiated with the Grey Nuns for the operation of the hospital. Mr. Wilson of the Indian Health Services attended the meeting and discussed the Class "B" Agency. A Class "B" agency would have more responsibility and would receive certain funds which would have to be matching funds. It was the suggestion of the Board that this be looked into further, more information gathered and a further check made with those borougts who have such agencies. After information is gathered the Board will have a recommendation. I. Corp of Engineers notice concerning placement of a fill for the erection of a 50' X 80' marine machine shop in Near Island Channel, Kodiak, Alaska, and requesting any objections that the Borough Assembly might have. No objectior were voiced from the Borough's standpoint. J. Ordinance governing use of Snomachines. The State Troopers office was contacted and stated that they would not have authority to enforce a law, however it was suggested that an ordinance be drawn thereby giving the individuals an opportunity to file a complaint which could then be acted upon by the Troopers. It was suggested that copies of other ordinances be obtain for review and that one could be drawn for the Borough that would establish curfew hours and area curfew as well Also letters could be sent to those individuals signing the original complaint asking what they felt would be reasonable restrictions. XI ASSEMBLY CONTENTS Mr. Arndt re Status of Land Sales - Mr. Atilt requested that the land sale for those lots which have reverted to the Borough and those lots in the Bells Plats, Russian Creek Area be prepared. B. Sutliff re Water Problem, noted that at a special meeting of the City Council action was taken to shut off certain areas water supply as the water shortage has reached the critical stage. The City at present has only about ten days supply left; however if all the people will stop running the water at night the supply would last much longer. XII AUDIENCE C MENIS A. Allan Blume asked if the State Sanitarian had approved the use of the water frau Dario Lake. Mr. Sims stated that the Sanitarian had been at the meeting of the City Council and had not mentioned anything about the water being approved. This was not mentioned until it appeared next day in the MIRROR. B. Dennison Lane asked about public hearing for the ordinance concerning snow - machines and it was noted that a public hearing is always held for ordinance. Mr. Larne suggested that a check be made with Fairbanks as they had recently applied for grant under the 314B Agency. C, Mrs. Louise Collins re Request for Funding for League of Women Voter's booklet an the local government. It was suggested that this request be in letter fon and presented to the Borough Office. D. Mr. Egene Brasie re Status of -year lease. Since the area to be leased has not been surveyed there is a requirement by the Division of Lands for such a survey and once this has been done, a resolution will be drawn to withdraw this from the Land Management Agreement. The lease was originally requested from the Borough Attorney but has been returned as the Attorney fee there is a conflict of interest and the lease will now be handled by an Anchorage Attorney, Jim Rhodes. XIII ADJOURNMENT There being no further business the meeting was adjourned at 11:00 P.M. 7itri2C. �J� /� APPROVED: russet!. M. dolor, Borough Clerk Wilton T. White, Borough Chairman X n 1 2 1 65 DATE: March 6, 1972 SUPPLEMENTAL YEAR: 19 71 ASSESSED VALUE: 970 ADD: SUBTRACT: 970 CORRECT TOTAL:. PREPARED By :Kathleen May KODIAK ISLAND BOROUGH ADJUSTMENT REQUEST NAME: ALFRED F. HAUGHEY ADDRESS: BOX 2154 - CITY LEGAL DESCRIPTION: SPECIAL USE PERMIT 670- 000 -6200 TCA 5 ACCOUNT NO. R -72 -1 ADJUSTMENT NO. REASON FOR CHANGE:_ The cabin taxed on this Special Use Permit had been listed on Mr. Haughey's Personal Property Return for 1971 and therefore should not have been picked up again on the Real Property Roll. VALUATION CITY 6 BOROUGH TAX BOROUGH TAX 4.74 K. LUCAS, ASSESSOR 4.74 -0- 0 1 1 DATE: April 3, 1972 NAME: ADDRESS: LEGAL DESCRIPTION: REASON FOR CHANGE: TERRYL NYMAN 1 5 5 n 1409 Lakeway Drive, Bellingham, Washington 98225 he had left Kodiak in March of 1971 and while here had been on active duty with the Navy. Mr. Nyman therefore should not have been on our 1971 Supplemental Tax Roll. SUPPLEMENTAL YEAR: 19 71 VALUATION CITY & BOROUGH TAX BOROUGH TAX** ASSESSED VALUE: A00 5.32 ADD: SUBTRACT: AQO 5.72 CORRECT TOTAL: -0 PREPARED BY: Y.rhlpon May ** INCLUDES FIRE ASSESSMENT KODIAK ISLAND BOROUGH ADJUSTMENT REQUEST ACCOUNT NO. PERSONAL PROPERTY ADJUSTMENT NO. P -72 -1 PERSONAL PROPERTY, TCA 18 - 1971 SUPPLEMENTAL ROLL We received a letter from Mr. Nyman advising us that OHN R. LUCAS,ASSESSOR