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05/05/19771 0 1 1? n 4 5^ KODIAK ISLAND BOROUGH ASSEMBLY MEETING, MAY 5, 1977 CALL TO ORDER The meeting was called to order by Presiding Officer James Peotter in the Borough Meeting Room at 6:42 p.m. II ROLL CALL Present James Presiding Officer Dr. Michael Erick Mr. Murl Estes Mrs. Sandra Kavanaugh Mr. Frank Peterson Mrs. Betty Wallin Chairman Peotter announced changes in the Agenda as follows: Additions - V -C, Resignations. (a) Leslie Anderson, Assemblyman; (b) Delores Powell, Clerk /Treasurer. Item VIII -M, Edward N. Opheim rezoning, First Reading, Ordinance X77 -13 -0; Item IX -B, Building Inspector's Report. Move from VIII -A (Russell rezoning) to VII -C III MINUTES OF PREVIOUS MEETINGS A. Regular Assembly Meeting, April 7, 1977. Mrs. Wallin asked that items "D" and "E' on page 2 be worded the same. Sentence to read: "This request was referred to the office of the Borough Manager ". Motion made by Dr. Erick to accept the minutes as corrected. Seconded by Mrs. Wallin. Carried by unanimous roll call vote. B. Special Assembly Meeting, April 29, 1977. Mrs. Kavanaugh moved for acceptance of minutes of Specall Assemb y Meeting, April 29, 1977. Seconded by Mr. Peterson. Dr. Eimnjck pointed out an omission on page 2 in that he made a motion to appropriate $600,000 for local support of the schools. Though the motion died for lack of a second, it should have been included. Mrs. Kavanaugh re! a withdrawn the thdrawn motion pp t which was seconded by ac w i cordingt r a oAS14 .14.060should have been reflected in the minutes. Mrs. Wallin pointed out that item III -B re: memo from Robert Greene was a part of the budget document and should not have been included as part of the minutes. She also felt that the statement made by `Mrs. Collins, printed in part in the minutes should either be stricken from the record or the last sentence which reads: "Mrs. Collins felt the integrity of the Board has been questioned and asked for a public apology be corrected as it was left hanging in the printing of the minutes since there se no apology - Mrs. Wallin also asked to go on record that she was one who did not go along with Mr. Peotter's statement, which was his own policy statement. Mrs. Kavanaugh asked if it would be noted that only one member of the Assembly (Dr. Emmick) endorsed the personal statement of Mr. Peotter. Dr. Emmick roved t? amend the motion to accept the minutes with corrections as stated with the correction and our Absent Leslie Anderson (resigned) Mayor S. Wayne Kotula statement stating t his was Mr. Peotter's statement, with the deletion of the statement th xr.._ a -„,_ h made in regard to the fact she did not agree with it an4 she did not state it at the time of that meeting. making Mr. Peotter's statement a personal statement and not the Assembly's statement. - Motion died for a lack of second. Mrs. Kavanaugh moved to amend the motion that the minuses of the Special Meeting of April -9, 1977 be accepted X11) A$ESLY Mt NGQ MAY , x1977 Page 2 with the corrections as stated. Seconded b Dr. Emmick. Mr. Peotter asked for unanimous consent. So noted. IV. MINUTES FROM OTHER MEETINGS Dr. Emmick moved to accept them as presented. Mrs. Wallin requested they be taken separately. There was no second to the motion. A. Kodiak Council on Alcoholism, April 7, 1977. Mrs. Kavanaugh moved for acceptance. Seconded by Dr. Elk. Mr. Plotter asked for unanimous approval. So approved. Kodiak Council on Alcoholism, April 21, 1977. Mrs. Kav- anaugh moved for acceptance. Seconded by Mr. Peterson. Accented unanimously. B. Citizen Advisory Committee for Personnel Policy, April $.3, 1977. Mks. Kavanaugh moved for acceptance. Seconded ♦ Dr. Emmick. Accepted unani,mousi.. Citizen Advisory Committee for Personnel Policy, April 27. 1977. Dr. Emmick moved for acceptance. Seconded by Me* Peterson. Mrs. Wallin requested clarification re- garding the establishing of a Personnel Board, the com- mittee decided to formalize their stand. Mr. Denslow stated that would be a part of their recommendations in their overall report to the Assembly. Minutes were unanimously accepted. C. Kodiak Island Joint Forum, March 9 1977. Mrs. Kav- ana moved for acceptance. Mrs. Wal seconde3. Unanimously accepted. D. Kodiak Island School District, April 11, 1977. Mrs. Kavanaugh moved for acceptance, seconded by Dr. Eami r inanimously accepted. E. Planning & Zoning Commission, April 20, 1977. Dr. Emmick moved for acceptance, seconded by Mra. Wall Unanimously accepted. V COMMUNICATIONS AND APPEARANCES A. Application for liquor license (Ralson Inn) for a retail package store, Mile 28 Chiniak Highway. Mrs. Kavanaugh saved to voice no objection. Seconded yam. 'Estes. Asking about zoning regulations governing the niter of liquor licenses in an area according to popu- lation, Mrs. Wallin moved to amend the motion requesting, the slung official to investigate to be sure there is no problem because of limiting the number of liquor license in an area according to its population: if there • ld be a problem. he should /mmediately contact each of the assemblymen and report same. Motion died for lack of a second. Question called on original motion. Carried 4 -2 with Mrs. Wallin and Mr. Peotter casting NO votes. B. Specifications for ambulance equipment. Chief Magnu- sson approached the Borough with a request for purchase of a second ambulance vehicle for the fire department as the present vehicle is rather small stating when it is out on call, there is none for stan which could cause serions problems. Mr. Peotter stated this would be con- sidered in a worksession with City Counsil. Mrs. Kavanaugk moved to table the matter until further study has been made'. Presiding ofticer Peotter stated no action was necessary. BIB ASSEMBLY '"SETI."'G, NAY 5, 1977 Pape 3 Motion died for lack of second. ?4r. Peterson moved to take the item under advisement. Seconded by Mr. Fates. rlts. 6tallin stated she was under the impression Chief Magnusaen needed a commitment and would Like to amend the motion to move to purchase the second ambulance of Kodiak Island provided that proper operational procedures with the City can be arranged. She also stated a letter of intent was needed; also pointed out that the present annual payment of 167 to the City could _possibly be de- ferred for a period of five years if the Borough and City could come to an agreeminut. Dr. Emmick stated that the present ambulance has room for one patient and one atten- dant. This is not adequate to handle accidents with multiple injuries. It was also pointed out that the am- bulance was kept waiting when those needing medical attention were brought in by air. Pr. Emmick feels we are understaffed as far as ambulances are concerned. Pe would like to see some action taken to go to bid. "hen the bids come bacl- we can determine whether or not we can afford it. Fr. Peterson suggested referring the matter to the Pealth Resource Council. pr. Pmmick moved to amend "r. Peterson's motion to state that we will go to bid with the s ecitications presented by the Borough aR iiii fleconded b•' Mrs. 'tallin. 'tr. Peterson stated with regard to the o a C a t - Znardemergency ambulance ser- vices, he felt it is possible for the City to contract with the Coast Guard to coordinate ambulance service. Ouestion called on the amendment. Carried 4 -2 with Mr. Ire and Mrs. Kavanaugh cas�tig MO votes. Ouestion called on main motion. Carried 4 -2 with Peterson and Kavanaugh casting NO votes. C. Resignations. (1) Assemblyman Leslie Anderson. Letter of resig- nation was read by Mr. Peotter. Mrs. Kavanaugh moved for acceptance of Mr. Anderson's resignation. Seconded by Mrs. Wallin. i "otion carried 5 -1 with Mr. Peterson casting a PTO vote. Mt. Peotter announced that anyone wishing to fill this seat until the October election should contact the Borough Clerk. (2) nelores Powell, Clerk - effective June 30, 1977. Mss. Kavanaugh moved for acceptance of the Borough Clerk's resignation. Seconded by Dr. Emmick. Carried by unani- mous roll call vote. lorouarrlaniger was instructed to advertise tor the position of Borough Clerk as soon as possible and arrange a schedule whereby applicants may be interviewed. VI PUBLIC HEARINGS A. Ordinance #77 -8 -0 relating to votes case in at -large elections was read in total by "r. Estes for second reading. Mr. Peotter read a letter dated May 5, 1977 from the League. of "omen Voters expressing agreement with the ordinance insofar as the clarification of the method of tabulating 40% of the votes. The League urged that school board members and assembly seats be desig- nated. Regular -- _6 - -or westing closed. ,Public hearing opened. There was no response. Regula meeting reconvened. Dr. Emmick moved for ado tion of Ordinance #77 -8 -0. Seconded by s. .a in. Dr. Emmick stated he was not in favor of designated seats as he felt the formula of tabulating the 407, is more in tune with the at -large type elections which we have at the present time. A a ) 1 2 2 n 4'S I KIB ASSEMBLY MEETING, MAY 5, 1977 Page 4 Mrs. Kavanaugh moved to table the ordinance. Seconded by Mr. Peterson. Motion failed 3 -3 with the tollowing vote: Kavanaugh YES, Peterson YES, F?allin YES, Emmick MO, Estes MO, Peotter NO. Mr. Peterson stated there was clarification needed. It was pointed out that the ordin- ance, as written did clarify the present systeffi.v'Mr. Peterson moved to table this item until the next Assembly meeting. SecondeTty Mrs. Kavanaugh. Point of order was called. One attempt had already been made to table which was defeated. nuestion called on main motion to adopt the ordinance. - Notion failed 5 -1 with Dr. Emmick casting a YES vote. Mrs. Wallin moved to instruct the attorney to draw up an ordinance for designated seats. Seconded by Mrs. Kavanaugh. Dr. Emmick moved to amend the motion to read that the attorney advise the assembly as to whether the seats must be designated prior to the time of filing and to include that in the ordinance if it is posiible to defer declara- tion. Seconded by Mr. Peterson. Motion on amendment passed by unanimous roll call vote. question called on main motion as amended, to include school board and assembly seats designation. Motion carried by unanimous roll call vote. B. Ordinance #77 -9 -0 rezoning Lot 6, Block 4, Baranof Heights to be designated R -3 requested by Gerald Gudenau. Ordinance read in full by Mrs. Kavanaugh. Mr. Peotter fead letter dated May 5, 1977 opposing rezoning from R. W. and Shirley Parke. Regular meeting closed. Public hearing opened. Mr. Gudenau reaffirmed his request to have this lot rezoned to R -3 for additional housing and this lot is surrounded on three sides by n -3 zoning. Mrs. Kavanaugh stated this was spot zoning. Mr. Peotter asked for testimony from anyone opposed to the rezoning. August Heitman - Lot 7, Block 4, Baranof Heights. He is opposed to building a five -plex in an area of duplex housing. Asked about the 15' sewer easement; if it was to be eliminated. Zoning administrator pointed out that the easement is proper and counter? in the square footage by the developer. Mr. Heitman was protesting also because of the added traffic problem. Dick Parke - Lot 3, Block 7, Baranof Heights. Mr. Parke -stated that at the time of the purchase of his property from the original developer, it had been promised that the area would remain R -2 with the exception of Spruce Manor which was already constructed. His objection to the crowding and sanitation 'roblcros was voiced which he feels would come with R -3 zoning. The area is predomin- ately single family units, however, there are three four - plexes in the area. Janet Heitman - Lot 7, Block 4, Baranof Heights. Is op- posed to rezoning to R -3. Objects to greater population density as an owner of a one - family dweliing. Judith Brighton - Lot 7, Block 7, Baranof Heights. Opposed- :0.404a he-ring closed Regu ar .,.ea r A Mre Kavanaugh moved for adoption of ordinance #77 -9 -0 by Dr. Erick. Two letters presented at the meeting were read by Ri7 Peotter from Louis J. and Elizabeth A. Santoro who objected; also Dennis J. and Caroline M. Huey, also opposing. Mrs. Kavanaugh suggested following the recom- mendation of the Planning & Zoning Commission. n 1 n 2 n n 5 KIB ASSEMBLY MEETING, MAY 5, 1977 Page 5 Mrs. Wallin stated she felt we are obligated to follow the Comprehensive Plan; the new plan will not be completed un- til January, 1978; asking Mr. Mulitalo if the Assembly should remain with the present Comprehensive Plan or de- clare a moratorium on it and do as they wish. Mr. Mulitalo stated the original Comprehensive Plan showed the area in question zoned recreation and service area, however, the plan may be amended - depending on the growth and needs of the community. It was rezoned R -2 because of the need for R -2 zoning in the community at that time. The pres- ent trend of the needs of the community is toward R -3 zoning. The P & Z Commission recommended the approval of this request for this reason, it does not constitute spot zoning. Mr. Gudenau stated that adequate off street park- ing for tenants of a four or five -plex would be provided. Question called on motion. Motion failed with the follow- ing vote: Kavanaugh YES; Emmick YES; Estes ABSTAINING; Peterson NO; Wallin N0; Peotter NO. A seven minute recess was called. Meeting reconvened at 8:38 p.m. VII OLD BUSINESS A. Adjustment request re: Richard Ryser, Kodiak Townsite, Block 14, Part of lot 24. Mrs. Wallin moved to remove from the table the adjustment request of Richard Ryser. Seconded by Dr. Emmick. bor clarification it was noted that the property was owned by the Borough until Mr. Ryser purchased this portion of Lot 24. Question called, motion carried by unanimous roll call vote. Dr. Emmick moves honor the adjustment request of the assessor in the amount of $510.58 against Richard Ryser. Seconded by Mrs. Kavan- augh. Motion carried by unanimous roll call vote. B. Peat, Marwick, Mitchell and Company designated audi- tors for the year ending June 30, 1977. The analysis of man-hours and related cost to audit was provided by Vernon Johnson, Manager of Peat, Marwick, Aitchell & Co. in a letter dated April 11, 1977. Man-hours - 904 for a cost of $25,500. Presented to Borough Assembly for information. C. Ordinance #77 -5 -0, rezoning the Easterly portion of unsubdivided portion of USS 1632 to be designated R -2 re- quested by L. L. Russell. Ordinance read in full by Mr. 'Peterson. Mr. Estes moved to approve Ordinance #77 -5 -0. Seconded by Mrs. Kavanaugh. Public hearing was held at the April 7, 1977 meeting. Mr. Mulitalo presented a develop- ment plan submitted by Mr. Russell stating 67.25 acres to be used for trailers; 42 acres for R -2 zoning. The total number of trailers will be dictated by the requirements for developing a mobile home trailer park. This area will have city water and will hook into the city sewer treatment plant, the cost being that of the developer. The number of duplex units will also be dictated by the requirements of the zoning ordinance. Mrs. Wallin moved to amend the motion to include the map as art of the secord. Seconded by Mr. Estes. Motion carried 5-1 with Mrs. Kavanaugh cast- ing a NO vote. Question called on main motion. Passed by unanimous roll call vote. VIII NEW BUSINESS A. Item A on agenda was moved to item VII -C. 11(118 i4SE&BT,Y MEE .I61, *Y55,71977 Page 6 B. First Reading, Ordinance 077 -10 -0 creating a zoning district for watershed uses. Mrs. Rallin read ordinance by title. Dr. Emmick moved for adoption of Ordinance #77 -10 -0 creating a zoning district for watershed uses. Seconded by Mr. Estes. Discussion as to the advisability of passing this ordinance now or waiting until the time the assembly can redo chapter 17 of the code. Mr. Den - slow stated he felt that any adjustment made to chapter 17 now is in the interest of expediting the revising of the key ordinances for the managing of land use, one of which is chapter 17, as is the work authorized on the townhouse ordinance. Motion carried by unanimous roll vote. Mrs. Wallin was assured that the villages would deceiving notices of this public hearing since they will be affected by it eventually. C. First Reaaing, Ordinance 1b77 -11 -0 rezoning 18.24 acres of parcel "A ", USS 1673 to be designated business requested by Gudenau and Company. Ordinance read by Dr. Emmick - title only. Mrs. Kavanaugh moved for ado tion of Ordin- ance 177 -11 -0 rst rea ng econ e v r. eterson. Mr. Mulitalo stated that when Mr. Gudenau develops this land and subdivides, all check list requirements will have to be met. Motion carried by unanimous roll call vote. D. First Reading, Ordinance #77 -12 -0 rezoning Lots 4, 5, 8 and 9, Block 1, Southeast Addition and Lot 5, Tolbert Subdivision and Lots 10 and 1, Southeast Addition, USS 2910 -AB to be designated R -3 requested by Russell Galla- gher and John Gibbons. Letter dated April 21, 1977 was read by Mr. Peotter which was received from Russell J. Gallagher of Gallagher, Cranston and Snow requesting the Gallagher /Gibbons request for rezoning be downgraded to R -2. Mr. Estes read Ordinance #77 -12 -0 by title only. Mrs. Kavanaugh moved for adoption of Ordinance #77 -12 -0, seconded by Mr. Peterson. Dr. Emmick moved to amend the Ordinance to read R -2 instead of R -3. Seconded b Mrs. Kavanaugh. Question was asked for the status of the protest to a P & Z commisioner's vote on this item on the grounds of conflict of interest. ?firs. McFarland of the opposition challenged the vote of Commissioner Ron Ball on the grounds of conflict of interest. Investigation concluded that the connection between Mr. Tom Gallagher and Mr. Ball was a landlord /tenant relationship. Mr. Ball has a ten plus ten year lease on the building known as the Village Bar from Mr. Gallagher. Question was asked if P & Z had an opportunity to re- evaluate its decision. • With the modification of the ordinance, the vote of 4 -3 might change. Mr. Mulitalo stated that upon receipt of Mr. Gallagher's letter, he called each commissioner and the five that were in town had no objection to the down - grading of the rezoning to R -2. Question called. Motion carried by unanimous roll call vote. Question called on main motion as amended. Carried unanimously by roll call vote. E. Tax Adjustment: McCormick Rentals. Mrs. Kavanaugh read the reason for change which was "posted to tax roll in error" and moved to grant the adjustment. Seconded by Mr. Peterson. Motion carried by unanimous roll call vote. F. Tax Adiustment: Earl Payne. Mr. Peterson saved to grant the adjustment on the grounds that this is no ionper an active special use permit. Seconded by Mrs. Kavanaugh. Motion carried by unanimous roll call vote. 1 Q '1 2 ? KIB ASSEMBLY MEETING, MAY 5, 1977 G. Tax Adjustment: Small Boat Sal to rant the ad ustment on the :rou nds out o u a nese or e u on t e su t on carr e our ears an ementa ro mous Sales. Dr. Emmick moved that t e ave een s ou • not ave e • • • econ e Bon roll ca vot vote. unan Page 7 en ro ca vote. H. Tax Adjustment: Floyd A. & Glenda Thompson. Mrs. Wallin moved to -rant the ad ustment on the :rounds tat t e mo • ome �C)i__��[Sl�.•_-- - - -- on •ot •ereona •ro ert an econ• 'ot e• mm •➢ '� c call vote. eter- I. Letter dated February 20, 1977 from Bert Bristow re: lease of portion of land, 1/2 acre. of USS 3468 read by Mr. Estes. Mr. Bristow wishes to put helicopter pads and fuel tanks in to service. lircraft. Mra. Kavanau h moved to rant the lease of 1/2 acre of on• 'r• c. suggeste .e err ng act on on t a ec- mot on until such time as the assembly received further communication from the gentleman regarding the sale and leasing of land. Mts. Kavanau h moved to table the re- nest. Seconded b eterson. t on carr e t a unan ...us ro ca vote. urt er c a ca on o apter regar ng t e se. a and leasing cf land was also requested) J. Letter dated April 18, 1977 from David J. King re: purchase of property in Uganik Bay, was read by Mr. Peterson. It was brought out that according to the minutes of April 7, 1977 meeting there is no action taken on such matters. This is AMSCA land, not Borough land. Dr. Emmick moved to inform Mr. Kin that the Borough does not own a an con 's• e s ou • contact t e .ro•er owners. ➢ e terson. of on carr e• . unanmoua K. Letter re: Sunset Development Corporation, Senior Citizens Housing Project, read by Dr. Emmick. A request from HUD proposing payments in -lieu of taxes scheduled for the 53 unit Senor Citizens rental project. Dr. Emmick moved to refer the matter to the borou•h attorn to • .e et er or not t wou • • •:a or to t= e •a . nt su o taxes an an of er me an em c we can •@ ett n t s .ro act un er wa asais- . t was state t at ecause t a s aga to t- • payment in -lieu of taxes, along with the City, we should explore all mechanisms by which this much needed project can be assisted. Question called. Motion carried 'b➢ a 5 -1 vote with Mr. Estes ABSTAINING L. Submittal - First Draft Annual Budget Fiscal Year 1977 -78. No action was required. Budget must be acted upon by June 30, 1977, the end of the fiscal year. Mr. Peotter exp *ained that the dates set for the Board of Equalization hearings are June 16, 17, and June 20 & 21 as alternate dates to allow adequate time to consider all appeals which may come in. M. First Reading. Ordin * #77 Mrs. Wallin read ordinance by title onlyorezoningOfromm) Conservation to Unclassified Residential 56.4 acres of USS 1671, the Westerly most portion thereof. Mrs. Kav- 'anau:h moved for ado.tion of Ordinance X77 -13 -0. Seconded ➢ e arson. •t on carr e• •v unan '.•us ro ca !! oro ere a • avana 0 1 0 1 1 2 1 q KIB ASSEMBLY MEETING, MAY 5, 1977 Page 8 IX ZONING ADMINISTRATOR'S REPORT A. Monthly activities report for April 1977 was submitted. 1) Building Activities: 24 building permits were issued with fees collected in the amount of $899. 2) Zoning Activities: Subdivisions - 2 finals and 2 preliminaries were approved by P & Z 3) Zoning Violations: Reported as follows Lakeview Drive re: abandoned vehicles Mrs. Kavanaugh moved that the Borough Assembly follow the recommendation of the zoning official and borough attorney in accordance with AS 28.1I.100 and AS 28.11.110(c). Sec- onded by Mrs. Wallin. Discussion regarding the fact that this statute is on the books but never has there been money appropriated to fund it It was suggested that there should. be a test case to explore the availability of funding. Motion carried by unanimous roll call vote. Sawmill - Arnold Hansen. Dr. Emmick moved to follow the zoning official's recommendation to the assembly. Seconded by Mrs. Wallin. Mr. Mulitalo stated that action had al- ready been taken to deny this request. After conferring with the attorney, recommended studying section 17.30.060 as there appears to be some items which need reviewing. Assembly was asked for permission to go ahead and study this section of the code. Mr. Hansen had been granted a special use permit to give him time to look for another area in which to relocate the sawmill, however, to date has been unable to find a new location. Mr. Mulitalo was asked to prepare a full report for the assembly on all businesses operating in that area at the present time, the uses which have been authorized to operate and the zoning. Question called on motion. Carried by unanimous roll call vote. Fred Ogden - USS 3100, Lot 13 -A. Read and noted. 4) Other: Trailer permit valuation on private lots. Dr. Emmick moved to follow the zonin officials recommendations on the matter of trailer and valuation and how they fit .-into Section 303 of the USC 1976. Seconded by Mrs. Kav- anau h. Dr. Emmick summarized the motion regarding when a mo le home becomes a residence, etc., primarily for taxation purposes. Motion carried by unanimous roll call vote. Island Vista & Woodland Acres Subdivision. Mrs. Wallin moved to refer this matter to the borough attorn�or an opinion as to who is liable when a road has been approved by the borough engineer and accepted by the assembly, but later proved to be not up to standards. Mr. Peterson sec- onded. It was suggested the engineer look at the road in question. Mr. Denslow stated the borough does not have road powers in areas not included in service districts. The construction standards that the borough utilizes in the s e r vi ce rna.ie ...i hr.41 e r m era Craha standard• net .,. a -_... borough. As such the borough's standards are those set forth in the subdivision regulations but have never been implemented as such. This could be a civil matter between the property owners and subdividers. Mr. Mulitalo stated the borough has an ordinance addressing the specifications for a road. 16.24.020 specifically outlines the require- ments. Mrs. Wallin withdrew her motion. Second withdrawn. 1IS ASIEMHL? Mt..1ilNO7 !4Y Vii, '1977 Page 9 Dr. Erick moved to follow the recommendations of the zoninnygL official. Motion died for lack of a second. Mt. Mulitalo feels, in his opinion, the road is sub- standard. Dr. Emmick moved to follow the zoning official's recommendation to try to have the developer bring the roads up to borough standard by the use of friendly per- suasion with the assistance of a review by the borough engineer. Seconded by Mr. Peterson. Motion carried 5 -1 with Mrs. Kavanaugh casting a NO vote. Easement Request - USS 3468. Noted as summarized. Or. Dick moved to grant the easement. Seconded by Mrs. Wallin for the urpose of discussion. It was stated this should come before the Assembly in the form of a resolu- tion. However, there are some recommendations to be ironed out. Mr. Mulitalo pointed out that if the road was never built, it is possible the sewer line might create some problems if the property was to be subdivided. Mr. Rus- sell has agreed: (1) to present a copy of an area survey by registered surveyor showing the sewer line in relation to road shown on the Comprehensive Plan; but (2) is not aware of the request for a waiver statement freeing the borough from any liabilities incurred both to person and property. Number 2 being effective only during the period of construction. Mr. Denslow stated it would appear if Mr. Russell is willing to provide a survey by the regis- tered surveyor showing the line and the easements, and is Willing to waiver the borough responsibility for any lia- bility during this time of construction it would suffice.. Mr. Peterson inquired as to the assembly's or P & Z's procedure in conveying easements at present. It 1s the assembly's responsibility to create the public right in an easement, that being the right of access to the property for utility and maintenance purposes. It was asked if Mr. Russell would continue with a 12 -inch main. He stated this was a 10 -inch main. Mrs. Wallin amended the motion that items 1 and 2 of the zoning official's recommendation be in the borough office prior to begirding construction and that the assembly request a 12 -inch main be used. Seconded by Mr. Peterson. Motion carried by unanimous roll call vote. A five - minute recess was called. Sawmill Lease - Reed Oswalt, ADL 44355. Mrs. Kavanaugh moved to accept the recommendations of the zoning official that we send a letter to Reed Oswalt stating that he is in violation of his lease. seconded _ by Dr. Erick. Mrs. Wallin moved to amend the motion to state we send a Certified Letter that he Ties thirtyy iU) days to meet the recommendations of the zoning official or pa a ,y5, - UUU fine. seconded by Mrs.- Kavanaugh. Motion carri 4 -Z with Dr. Erick and Mt. Peterson casting NO votes. It was stated thie was not in conformance with the tatutes. Mr. Peterson moved to delete the $5 000 fine from the amendment. Seconded by Dr. Erick. M otion carried by unanimous roll call vote. Main motion carried by unanimous roll call vote. (At this time the clerk was excused due to illness. Mr. Denslow and Mr. Mulitalo continued with the minutes.) B. Building Inspector's Monthly Report, April 1977. Read by Mrs. Wallin. Dr. Erick moved to accept the re- port as presented. Seconded by Mrs. Wallin. Motion carried by unanimous roll call vote. ' ) A "? 1 1 4 e 7 KIB ASSEMBLY MEhtING, MAY 3 , 1977 Page 10 X MANAGER'S REPORT A. Bids were received for sealing and painting the outside of the borough building. Three (3) bids were received. They are being evaluated and certified. The bid range is lower than had been estimated. Hope to have recommenda- tions by the special meeting at the end of the month. B. We have received quite a bit of publicity on the ques- tionnaires sent out. At the present time more than 200 have been returned which should give sufficient input for evaluation. C. Travel insurance coverage: there was none to cover assemblymen and other borough employees traveling on busi- ness. Arrangements have been made with Sweeney Insurance to provide this coverage before the trip scheduled for next Thursday (May 12). Forms must be signed individually as paid employees of the borough. D. Old Harbor industrial water supply: Received a letter from HUD releasing $80,000 for that expenditure. Also re- ceived the first draft of the Indian Health Services arrangement to develop that industrial water supply, It has been agreed to share the $80,000 with them. They will actually do the construction and engineering at no cost to the borough. E. House Bill #109: It is sitting in the House Health, Educational and Social Services Committee. Mrs. Wallin asked about the cataloging of all surveyed lands. Mr. Haney, Assessor, .stated that his staff could not get to this until June. Mrs. Wallin moved to continue the meeting past the 11:00 p.m. recess time in order to complete the business of the evening. Seconded by Dr. Emm:ck. Motion passed with unanimous consent. Mrs. Kavanaugi was excused at 11:00 p.m, XI ASSEMBLY COMMENTS Mr. Peterson: ;t_f.: :ring _'^ants ': -; of the meeting of April 7, 19/7, Page 2. Mr. :otr-_r made a personal state - ment; Mr. Peterson asked to be excluded from the second sentence in its entirety. Dr. Emmick so moved. Seconded gm: ** Wallin. Motion carried by unanimous consent. rated regarding the Assembly action en the ambulance purchase. He had suggested in the past that the Assembly take action in an ordinance to speciry the powers to the Health Resource Council - they have been quite inactive. He stated the ambulance question could have been handled by the Health Resource Council. The public should be in- formed and that all health entities should have a repre- sentative on the Health Resource Advisory Council. This body would function as a screening and advisory agency to the assembly. Mrs. Wallin moved to reestablish the Health Resource Council as an advisory body to the assembly. Seconded by Dr. Emmick. Their function is to hear and set forth the health needs of the community. After the council has been _ '-'+ -ti the assembly will give them direction. Motion carried by unanimous consent. Mr. Peterson asked that the assembly vacancy be advertised. Commented the assembly policy regarding land leases, sales etc., or Title 18 - -- we are prohibited from any land sales, etc. until such time as the ordinance has been 1 n 1 n 2 ! n ,f 5 R RIB ASSEMBLY MEETING, MAY 5, 1977 Page 11 revised. (This matter to be taken up at a special assembly meeting to be held May 27, 1977). Mr. Peterson else commented that the borough has about 30 acres that is not being used. With the pressures for land he feels steps should be taken toward sale or lease of these lands. Mr. Estes: Asked what stage the townhouse ordinance is at present. Mr. Denslow stated it is about a 90 -day procedure and that the work draft is being prepared at present; the consul- tant will be meeting with P & Z next week, with Mr. Muli- talo on the 11th of May, and at a work session with P & Z on May 12th. Mrs. Wallin: eta tat around the first of the year the KUB School District signed a lease in Old Harbor on a school building for storage. Who has the power to sign such a lease, the assembly or the school board? Law enforcement policy powers of the Borough. Dr. Emmick stated if the majority of the assembly was in favor, they could pass a resolution to place it on the ballot at the next general election for the referendum of the people. Motion made by Mrs. Wallin to review and consider borough police power policy. Seconded by Dr. Emmick. Motion carried by unanimous consent. Asked Mr. Denslow to include the ambulance and discussion on unification in the joint meeting with the City. Requested check on sanitation at the Dan Ogg property. Moved to have a letter sent to KMBT expressing apprecia- tion for their excellent work in local news coverage of assembly, P & Z, etc. Seconded by Dr. Emmick. Dr. Emmick moved to amend the motion to include a request that they negotiate to install a repeater to expand their reception to Ouzinkie Port Lions. Seconded by Mr. Peterson. `lo tion failed with Mrs, Wallin and Mr. Peotter casting NO votes. (Vote: i yes, 2 no) Main motion carried b unani- mous roll call vote. Mrs. Wallin moved to request ge otite a t install a repeater to expand their reception Peterson moved to amend the motion to include reception in all villages. Seconded by Dr. Emmick. Motion carried An unanimous roll call vote. Main motion carried by a unanimous roll call vote. Mrs. Wallin moved that all P & Z commissioners as well is assemblymen be issued a copy of the K113 code with a 25.00 deposit refundable at the end of their term; if code is not returned the $$25.00 deposit is forfeited. Annually the borough ihould furnish updated inserts to keep the code current the placement of which is the Peterson. Motion carrieddbylunaanimousSeconded yy Mr. ote. Moritoriumm: It was stated that nothing would be acoomp- lished besides opening up the lands. Hzs "- "'- went on record that regarding the minutes of Special Meeting dated April 29, 1977, page 2, Mr. Peot- ter's statement expressing personal views, second sentence in its entirety do not reflect her views. KIB ASSEMBLT MIN S? MRY 5, 1977 Page 12 Mrs. Wallin moved to send a letter to the Governor on be- half of the borough that the State of Alaska send as many bra sers as necessary to Kodiak to do a 100 percent appraisal of the real •ro•ert in the Kodiak Island. The rat ona e o t e request to •e inc u e. in t e etter. A threat to Juneau was indicated regarding the capital move. The State paid for four extra appraisers besides the eight they regularly use to do a 100 percent appraisal. The State of Alaska taxpayers' money was used for one city to do this to find out how much revenue Juneau would use, even though all taxpayers voted on the issue to move the capitol. A threat to Kodiak and all communities that will be affected by 0CS is here now and with the result-of property values doubling, tripling and quadripling within a year's time even though the impact has not even begun. Would like copies of all documents included in the B0E packet included for documentation. Copies to be sent to the Commissioner of the Department of Community and Re- gional Affairs and to Kevin Waring, Director, Department of Community and Regional Affairs. Seconded by Mr. Peter- son. Mr. Paotter stated he is in favor of making the re- quest but feels it does not have to be done through a motion. The borough manager can make inquiries and report back to the assembly. He feels the assessment has no con- nection with that. Does not feel it is necessary to in- clude all our assessment information. Mrs. Wallin agreed not to include all the rationale in the letter from the borough assembly. Dr. Emmick feels this is an adminis- trative problem. Mrs. Wallin will go along if an answer is received within thirty (30) days. Mr. Peterson feels the motion is appropriate as it is a policy statement of the Assembly. Motion carried 4 -1 with Dr. Emmick casting - a NO vote. - Asked if at the time of appraisal it is possible to send out appeal forms with the notices. Mr. Peotter stated he thought the present system eliminates a lot of work and that by having people who wish to appeal come to the office of the assessor they have the opportunity of re- ceiving an explanation of their appraisal. If it is over 100 percent, or some exhorbitant figure, perhaps the manager could draft an ordinance to that effect. • Dr. Emmick: No comment. -Mr. Peotter: It has come to my attention that there are some that feel I am a dictator as a presiding officer. There is a time and place for audience comments and in the interest of a well conducted meeting, this should be observed as well as the assemblymen conforming to protocol. XII AUDIENCE COMMENTS A. Mr He strongly, as a result of the B0E meeting of May 4, 1977, requests the borough assembly investigate the manner in which individual areas of the KIB are being d, as there are tremendous inequities. He feels some system should be developed to establish bounds which can be used for the basis of reassessment of real property. Tf _ _ r he hnnnds, you mint uns last year's figures. B. Lloyd Benton: In the case of a developer requesting rezoning in order to develop his property, he questions the assembly's or P & Z's authority to require a complete development plan when it is private land. He feels the assembly's situation should be reassessed in the interest 1 0 1 I KIB ASSEMBLY MEETIN M A Y MAY 1977 Page 13 of saving itself time and in leaving the responsibility of development up to the developer. Mr. Peotter read from the ordinance regarding the requirements to be presented by a party making a rezoning request. He feels the borough has not been uniform in all cases. Mrs. Wallin stated that the check list developed by the zoning official which must be met for the preliminary work will prove to be a great help in the future. C. Louis Schneider; Objects to the list of business in the area read earlier in the meeting in the Island Lake, Miller Point area. None went through the proper channels to be established; none presented itself before the P & Z but went in with variances and excep- tions. If these are being used as precedents, they did not belong there to start with. Feels there has been force zoning when residents trying to go through the proper channels have been refused their requests. Feels that the residents should be protected by the borough against speculators, etc., building substandard roads. Stated it would be economically impossible to establish a service district in that area because of deteriorating roads, sewer and water supply. Inspections should be upgraded. XIII ADJOURNMENT The meeting was adjourned at 12:30 p.m. ATTEST Cle m .yam B` y y Presiding Officer LEGAL DESCRIPTION: PREPARED BY: 1 0 1 1 2 0 4 7 1 KODIAK ISLAND BOROUGE ADJUSTMENT REQUEST 'ATE: March 10, 1977 ACCOUNT NO. Supplemental Personal Property TCA 8 ADJUSTMENT NO. P - 77 - 1 NAME :_. rnmi rk RonYa1q Arent A. Nanny W nnmi rk ADDRESS: Box 941 Kodiak Fire District posted to tax roll in error. REASON FOR CHANGE: Adjustment request granted # P - 76 - 4 EAR: 19 7 7 VALUATION _ Borough/Fire District. Total ,ASSESSED VALUE: 9100.00 65.79 / 23.57 89.36 ADD: SUBTRACT: 9100.00 65.79/ 23.57 89.36 CORRECT TOTAL: 9 9 9 1 DATE: April 20, 1977 NAME: Richard Ryser ADDRESS: Knaiak LEGAL DESCRIPTION: YEAR: 19 65 -68 ACCESSED VALUE ADD: SUBTRACT: CORRECT TOTAL: !) 4 7 KCDIAK ISLAND BQJCJ(2i ADJUSTMENT REQUEST Kodiak ThwnoiFa ml I l 11F Lrt jA EiEA.SCJ FOR CHANGE: This is needed to clear Cashier's book. This lary is awned by the Borough and there should be no taxes against it. The Sale Price more than covers the back taxes. VALDATION pRspARED By: S Vaughan/assessing clerk ACCOUNT NO. 415- 140 -3600 AAJOSRmENT NO. R-77 -5 BORCUGV TOTAL 510 SR 510.58 DA7 i it 19, 1977 NAME: F.ar1 Payne ADDRESS: env 141, Palmer, AK 99545 LEGAL DESCRIPTION: Special Use Permit in TCA -5 REASON FOR CHANGE: Earl Payne never owned this special use permit. PREPARED BY: IC Cashier KODIAK ISLAND BOROUGH ADJUSTMENT REQUEST ACCOUNT NO. fi70 -000 -2700 ADJUSTMENT NO. / C - 77- 7 This is no longer an active permit. YEAR: 19 7F VALUATION CITY & BOROUGH TAX BOROUGH TAX AS SED VALUE: 7 R40 7 71 mills 20 54 ADD: SUBTRACT: - 2.840 20.54 CORRECT TOTAL: -0- -0- -0- ASSESSOR - HATE: April 20, 1977 n '1 '' 2 ) n-0 7 e NAME: Small Boat Sales up on the supplemental roll. CORRECT TOTAL: PREPARED BY: S. Vaughan A KODIAK ISLAND BOROUGH ADJUSTMENT REQUEST ADDRESS: Box 291 Kodiak, Ak 99615 LEGAL DESCRIPTION: Fire District TCA 8 ACCOUNT NO. pdrsnnal Property TCA 8 ADJUSTMENT NO. P - 77 - 2 REASON FOR CHANGE: Out of business for four years. Should not have been picked :AR: 19 7 7 VALUATION CITY S BOROUGH TAX BOROUGH TAX Borough /Fire District ASSESSED VALUE: • 40.000.00 289.20/101.60(+ Penalty 39.28) 432.08 ADD: SUBTRACT: 40,000.00 289.20/103.60(+ Penalty 39.28) 432.08 9 9 error. n o 'I 1 2 n 4 7 5 KDDIAK ISLAND BOROUGH ADJUSTMENT REQUEST pqTE:April 25, 1977 poccuNT Nu. Personal Property TCA 8 NAME: Floyd A. & Glenda Thompson AODI4:SS: Box 2734 ILL ONION: Personal Property / Fire District REASON FOR CBAME: was taxed on both Personal Property and Real Property in MR: 1976 ASSESSED VALUE ADD: SUBTRACT: ACT TOTAL: -0- -o- PREPARED BY: S.Vauohan,Assessing Clerk 0 ADJUSTMENT ND. PP -77 -6 The mobile home (1972 Allen, Bon Prix 24' x 68') 0 VALUATION 19,000.00 BOROUGH/ Fire Dist TOTAL 137.37/49.21 186.58 19,000.00 137.37/49.21 186.58 0 Q r► 1 2 ? fl 4 7 h 1wa��a�st TA= 530- 88o -ei n• 8 KODIAK esion 1.153 3101 L 07': 16 Auildinl only 1.979 17111 AUG 1379 OCT 10'75 1,976 197.79 v0V 12.76 Dec. 7, 1876 Cbrrecticn MIAMI : Jec 30'76 Ckmdit writsott $.01 'TWa 11.37 1.43 ISLAND BOROUGH Floyd A & Glends L Thompson Rt 1 Box 29 Rochester, Wa 98579 a. 7•R 1 Pews •«Tenor f COURT COST TAX PAID 142.12 8559 85.59 or}. . 15.82 2.77 98.94 uuNCE DU[ 142.12 1.27.79 1 • .001 17118 • 85.59 • .00 • AR..Li_r noes* +7 nrA2 rl i 7 7 P1artaz. PlJ 8 KODIAK ISLAND BOROUGH War LOT: DAM . 7. 1, 915 .5 1 A0 NOV 19'75 1976 197.86 18' )ec ('prrec i,on 936 S PY NAME: FLOYD A. & GL 4DA THOMPSON BOZ 2734 ADDRE95: KODIAK, AK I DYRROIT TAR I PENALTY & INTEREST I COURT COST TAX PAID Irc.S t '6- ii �C „ry 9.36 1.40 0 9.93 ;'R.` /3 BALANCE DUE 936 • .00• 1.40• .00 ' 197.86 99.93• 1'1 7, 86- MAILING ADDRESS OTHER BOAT TRAILERS MOTORS ETC. 0 0 0 0 2 n 4 7 OFFICE BOROUGH BUILDING 807( 1244, KODIAK, ALASKA SS415 PHONE 465714 N 4144737 PIRA NB. 1 - TAX YEAR 1976 Se MIMI. mew Emden EN cslpeN4 form in en envelop and nleil or mean (♦y1FKY tE 11m AalRe's ONie on oe before FEBRUARY 15, 1976 (FOR INSTRUCTIONS SEE PAGE • OF THIS FORM( De M r *4 Cohn H the FNMnel prNMrty M Bing use el for beeNN: me Ferns Ne. 1- BNilWe M Ns AeeeNP,'s Office. 5{y PLEASE PRINT OR TYPE ONLY NAM fLayl9 fi F- C/F G 4!';: t . • /, ••.4 tc l N Ofsanll first name • mbE4 (renal and wile's first name y middle initial Example, John A. • Mn A. Doe Larl name 1 Z 7 3¢ Mona print or NMI /Cap',g4 Fbc. AFFIDAVIT TOTAI3t 3 PLEASE 00 NOT ATTEMPT TO MAIL THE RETURN BACK TO THE ASSESSORS OFFICE USING THE POSTAGE PERMIT ON THE FORM BOXHOLDER LOCATION OF PERSONAL PROPERTY ,Jyq ( /fi rA 2=16- ,ems. III Mt and block not known, live Street Address) Adoption Block Lot Street Al Gress LOCATION OF PERSONAL PROPERTY - PLEASE CHEC.: ONE i INSIDE CITY OF KODIAK FIRE DISTRICT (SPRUCE CAPE, ISLAND LAKE, MIL POINT, MONASHKA AREAS) El OUTSIDE CITY OF KODIAK ( VILLAGES AND OUTLYING AREAS CHINIAK, BELLSFLATS) IF PROPERTY IS LOCATED AT ONE OR MORE LOCATIONS, SEPARATE RETURNS MUST SE SUBMITTED. EMI 7 9 .44 • NAME AKE SERIES LICENSE RED. NO. MODEL MODEL I C I TH H ORSE POWER LENGTH EAR YEAR Section 1: MOTOR VEHICLES %T .„ OTHER LOADERS, DOZENS GRADERS, TRACTORS -I SECTION E: C9�^ CAMP TRAILER WIPER UNIT FOR TRUti ■ASNIMWLEANTO , ` � NORM TRAILER Smoke 3: AIRCRAFT SNORE VEHICLE MOTORCYCLES' SCOOTERS OWNERS ASSESSOR YEAR VALUE USE ONLY Ir7tatLI T���1�I -��� - •lilt AK. NO C.c L IC. MODEL MACAW. OUTBOARD ERIES WOOD ALUM FIBERQL. o // �D /` o enn m I Non^ wolf, BM INnNUM of Penury at the return Iinclutling any accompanying IcheduIn ono Hon. Hon. % a Correct 11Memant of NI property, subject w taxation in M COIINiIB /e Kodiak Island Borough sun Rh 1 owned, CC ` L l controlled FIR T A of JANUAR Y 1976. f - 2- G G o d 00