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1977-11-08 Regular Meetingi ,I 1 l 1 2 0 5 7 KODIAK ISLAND BOROUGH ASSEMBLY MEETING NOVEMBER 8, 1977 CALL TO ORDER The meeting was called to order by Presiding Officer Peotter in the - trough Meeting Room at 6:33 P.M. ROLL CALL Present Dr. Michael Emmick Absent Mr. Edward Jack Mrs. Sandra Kavanaugh Mfr. Tom Logan Mr. James Peotter "r. Bill Williams -rs. Betty Wallin, Mayor A quorum was established. Mr. Peotter relinquished the gavel as ?residing officer to Mayor Wallin. -II ACCEPTANCE OF AGENDA Service tAreas placed Itema w3Bus Establishing ?Sill Bay- Monashka R eorganizaation of Now Business. ficer eorg to non the Assembly with election of deputy presiding of- immediately follow the Acceptance of Agenda. -'ayor will appoint a deputy mayor following Acceptance of Agenda. Pe ot teem moved for aces tance of a endagas amended._ Seconded by. 'rs. Kavanaue genda. --- -� h. Dr. Emmick called for a 5- minute recess. Motion carried b unanimous roll call vote. Mr. Peotter deliberatio Seconded bi:r otter moved to rece for. roll call vote s. Kavanau h. Motion carried by unanimous :or de deput te. Meet reconv ened. Mr. Jack nominated Dr. Emmick y presidin officer 7r for deputy or d s. Kavanaugh nominated Mr_ ina ts_r ins officer. Hz's. - -�__ Kavanauo h Se closed. Seconded b Mr. Peotter. Motioncarriedihat nominations b consent. A tie vote was cast. Mr. Peotter moved that the election of II eput resid e post y n y unanimous in¢ officer b a d oned until after the appointmen o£_ h�venth as�embtv n with Mr J ac k castin Seeded by Mrs. K vanauar. Ma or Wallin a - t O vote a Mori o_i tinted Dr. Emmick as de ut mayor_ 1 ' •"INUTES OF PREVIOUS MEETINGS A . Assembly, Regular, October 6, 1977 Assembly, Special, October 11 firs. Kayana u¢h moved ' 1877 Dr. Emmick. Motion carried b a m a nre unanimous rol all vote, nt cL ky 7 MINUTES FROM OTHER MEETINGS Board October B. GoverningBoardKodiak Aleuti 4 Aleutian Mental Health Board - October 6, 1977 C. Joint Forum - June 28, 1977 D. Kodiak Council on Alcoholism - October 6, 1977 E. Planning Pf Peotte g Zoning Commission, Regular - Sep 1977 d So tontine,. timber 21 Dr. cmmick Motion carried 5 nim i n CM by K vanauah mov unanimous ro ca vote, Mrs. ce t minutes a pre_ call vo Seconded_bv tin, Pe 2*ter. Mot on carried bt unanimous roll l�ote_ I COMMUNICATIONS AND APPEARANCES A. City Resolution on Unification ence. Dr. Emmick moved that �theoc - Dr. Emmick read the correspond - with he Cit to set up � chairman a..oi, _ __ w rit r Dr uidel net to Pro d omm. m Dra tits oti on with the con second Mr. Jack mo n rr, f uidelineS. Mr. Jack withdrew te referred to th__ ems S � -up se.. a t -r t y , ` - T -'O-tjon, It was moved by unanimou �i Count' to di cu _ as d�� communicatio o th ns on rti,' mattar, B. Memo from John E. Anttonen - School read the correspondence and School i cts Crossing Guards - Mr. Peotter Borou• �'i strict Resolution 778 -4. ,+ -^ ro riate $3.0 fo 1 1 0 1 1 2 1 0 5 i^ KI3 ASSEfBLY MEETI :JG - MOVENBE'. 0, 1977 PACE 2 wards Seconded hs Dr. Emmick. Ctrs. Kavanaugh oeposoi_ the Notion because the school appropriation has already been made and she feels this could be provided for within the budget. Mr. Jack moved to amend the motion to provide 53.000 to the School District_ts Implement the crossing Fuard program. Seconded b n Notion carried pr. Emm'ck and Mrs. Kavanaugh castina_NO votes. It was pointed out that t� ty Police Department would assist the program. Main mo.. car' vote. t;., r .i with Mrs. Kavanaughc�isfin one_)(0 C. Committee 6 Commission Appointments - Mr. Logan read the corres- pondence. Mrs. Wallin asked that this be deferred until net month. Mrs. Kavanaug pointe out t at according to State Statutes a list of names must be presented by the City, not one name. Mr. Peotter sug- gested that all vacancies be filled at one time. Mr. Jack stated that considering the volume of work to be done by the P S Z Commission that these appointments should be made as soon as possible. A special meet- in _ for this .ur.ose was set for 5:30 P.M. on November 15, 1377. D. Jack Wick - Bells Flats Land - Mr. Wick distributed copies of a letter to each of the assembly members. Mr. Wick, representing the Bells Flats Native Corporation, asked the Assembly for cooperation in discussing the land entitlement question such as the fact that titles are clouded, the Village of Bells Flats not knowing its entitlement since it does not know how much acreage it will receive, et cetera. Have only recently had communication with the 3orough. Hrs. Wallin read the corrrespondence. Mr. Wick stated that Balls Flats is an eligibly village. A primary problem is that some people cannot get financing because there is a cloud on the title of their property. Mrs. Kavanaugh pointed out that the Borough attorney has stated that as it stands now, the lands belong to the Borough. Mr. Wick feels that an opinion may be rendered by January, 1978. The Borough wants the State to clarify their position on the matter as they did not protect the interest of the Borough. It is agreed that the title to these lands needs to be cleared. Mrs. Wallin read correspondence dated November 3, 1977 from the Borough attorney to David Wolf, attor- ney for the Ouzinkiu Native Corporation. Mr. Wick stated he feels that negotiations is a much better method of resolving the matter than litigation. Hr. Jack stated that if the Borough enters into any formal agreement with the Bells Flats Native Corporation, they would be recognizing their existence which could h,: used by them in court, he feels that the timing is wrong. Mr. 'lick stated that the Bells Flats Native Corporation wants to sue. Mr. Kavanaugh moved that tote rough A — -uably_ negotiate with the Balls Flats Corporation. S= comiesiefv Dr. Emmick_ Mr. Williams stated that it would not be fair for the Assembly to negotiate at this time while this issue is in litigation. Motion failed with the entire Assembly casting _ JO ar. Peotter w&s.excused. E. Sven Haakanson - Teacherage at Old Harbor.- Mrs. Kavanaugh read the correspondence. Mr. Haakanson spoke on behalf of his proposal and stated that there is a great need for rentals in Old Harbor with the high school coming in. Mr. Haakanson stated that he had not been in contact with Mike Johnson in the School District who would handle matters of this kind. Both the School District and the Borough must give their statements of non - objection. It was sug= gested by Mr. Denslow that this be the subject of a joint work session with the School District. Dr_wick moved rha the As con +_i�a= «osonsider t E with the Schoo District. Secon ed ion and ak essary motion carried - � 4v Mrs. Kavas by unan roll cal? augh. potion •e VII PUBLIC HEARINGS A. Ordinance #77 -25 -0 (White E Wolkoff) Rezone Lots 6 6 7, Block 1, SE Addition - Recessed. Mr. Milligan explained that the Borough attorney had stated that it would take the vote of all members of the Assembly on this item. Mrs. Wallin stated she would defer the item unti Hz' Puott er's return. PAGE 3 a. Ordinance # -26 -0 Rezone 6,645 Acres from Conservation to 'aatar- shed (recessed). It em deferreduntil Mr. P=otter's return. C. Ordinance # -31 -0 Personnel Regulations & Policy - Hr. "?illiams read Ordinance # -31 -0. Mrs. Kavanaugh moved for adoption of Ordin- ance #77 -31 -0. Seconded by Dr. Emmick. Mrs. closed the regular meeting and opened the he hearing. Mo one spoke for the ordinance. Carol Lochner spoke having questions with regard to the following, all of which were answered on the Errata Sheet: Page 1, Section 104, Page 31, Section 504; Page 17, Item 405; Page 23, Section 411.3; Page 24, Section 413; Page 45, Section 901; Page 55, does not want to see binding arbitration; and Page 59. Hr. Milligan stated that all the Borough employees whole - heartedly endorse the adoption of the personnel regulations and policy. He thanked the Assembly and Personnel Policy Board for their long and diligent hours of work. Hrs. Wallin closed the public hearing and opened the regular meeting. Dr. Emmick moved to amend Ordinance # -0 to include the items on the Errata Sheet and to dis ense with the readin of these as they ha been cover d in the discussion Seconded by Mr. Jack. Mrs. Kavanaugh stated that she is not in agreement with Class Titles & Pay Ranges -Page F of the Errata Sheet. Dr. Emmick withdrew his motion with the consent of the second_ Mr. Logan moved that the Assembly enact the amendments as stated with the exception of Class Titles & Pay Ran¢es- o� Pa F,— Seconded by Mrs. Kavanaugh_ Motion c rr'ed b unanimous roll call vote. Mr. Jack moved to include Class Titles t & Pa v Ran a -Pa F of the Errata Sheet S condo -- d Kavanaugh felt that the upgrading xtLegan_ iat. it should be lowered to what in pay range it was Jack statets extreme and that did not previously include all the presentresponsibilities. Mrs. job Wallin called a five - minute executive session. Mrs. Wallin called the meeting back to order and noted that Mr. Paotter returned to the meeting at 8:13 P.M. Mr. Peotter was briefed on the motion on the floor. The motion carried with Mrs. Kavanaugh casting one NO The main motion carried by unanimous roll call vote vote. VII OLD BUSINESS A. Ordinance #77_25 -0. Dr. Emmick read Ordinance #77_25 -0 and the correspondence. Dr. Emmick moved for adoption of Ordinance #77_25_0, Seceded ay.Mrs_. Kavanaugh. Mrs. Wallin closed tha m..;:ting and opened the-public hearing. Mr. Milligan spoke for the ordinance. This matter was brought beforo the Assembly in July. The Assembly initiated rezoning of these two lots from R -1 to R -2. The Planning & Zoning Commission stands on its recommendation. It was stated that if the Assembly deleted Lot 7, it would be completely surrounded by R -2 zoning; also, there are grand- father rights on the property. If Lot 7 remains as it is now, the owner may remain in the residence indefinitely and still conform to R -2 zoning. Lot 6 is owned by Mr. and Mrs. Arvid White and Lot 7 is owned by Mrs. Julia Wolkoff. No one spoke against the ordinance. The public hearing was closed and the regular meeting opened. Mr. Peotter felt it would be agreeable to delete Lot 7, Block 1, Southeast Addition. Mr. Peotter moved to amend the Ordinance #77 -25 -0 by deleting Lot 7, Block s Southeast_ Addition. Seconded by Mrs. Kavanaugh_ Amended motion carried with r. rmm,..tr and Mr dilliams casting NO votes. Main motion carried _bv unanimous roll call vote. Mr. Logan moved to zone Lot 7, Block l Southeast Addition to R -2. Seconded by Mrs. Kavanaugh. Motion failed with Mr. , Tack, Mrs. Kavanaugh and Mr. Peotter casting YO votes. B. Ordinance # -26 -0 - Mr. Denslow explained that earlier the Assembly had agreed to rezone this area from conservation to watershed but that it was discovered that the land description was not correct 1 J •1 ;) i 1 1 5 9 KI3 ASSEMBLY MEETING - NOVEMBER 3, 1977 d 11 5 q p RIB ASSLL 3LY :IETIJC - .rOVE BEE C, 1:77 PAC 4 and neeaeu to be amended. At the same time the "_orouah was involved with negot'_ations with the Ouzinkie :dative Corporation. Tie position of tae Counsel of the Ouzinxie - .ative Corporation is that they clair the land; tne position of tha ?orough is that the 'orouph owns the land ine Ouzinkie . ative Corporation is appealing the rezoning on three points: 1. laat the borough is rezoning lands that, in the opinion o` the Ouzinkie .. ative Corporation, are owned by Cher, 2. 9ecause they are tne owners of lands to be rezoned, they should have been notified otner than through tae newspapers, and 3. That since they are appeal- ing, it would require th- unanimous vote of the Assembly. The legal description has been corrected. s. Z.avana h moved that since Ordi- nance .o. 77 -20-0 ilad been read and di g scussed that it be adopted. Seconued by ,.r. Logan. ':rs. ^shin closed the reefing and opened the public hearing. i.o one spoke against the Ordinance. r. dilligan - stated that the Planning & Zoning Commission had recom- mended that tae area be rezoned fror conservation to watershed. Tne Ordinance figure acres ce.1o. -26-0 was s incorrect; read at te correct figure xeetina. 'Xs. 'a11in closed the public hearing and reopened the meeting. "r Peotter moved to amend Ordinance do. 77 -26 -J to read as proposed in this draft of the ordinance. Seconded by Cr. Logan. i'r. Peotter read Ordinance So. 11 -26 -0 as corrected- r "ilflars asked who has title to the land now. r. uenslow stateu t the Eorough is presently negotiating that matter with the Corporation and a letter of agreement has tentatively been worked out with the Corporation; the title to the land has not been conferred on the Borough fror Federal hands. '"otion carried by unanimous roll call vote. Hain motion passed unanimously. VIII OLu BLSIRLSS A. City Cemetery Land Transfer Request - !r. Lopan read the corres- pondence and Resolution :o. 77 -63 -R; it was noted that there was a restricted quitclaim deed attached to the resolution. ' rs. :avanauph moved for adoption of Resolution c.o. 77- 53 -?. Seconded by ^r. Emrick. otion carried by unanimous roll call vote. Mr. Peotter stated that previously the Assembly had consi:ered this transfer but it has not peen confirmed. IX aEdU BGSIdtSS A. Tax adjuctment - Spieridon Bear Carp - ]Ys Kavanaugh roved to F the adiustment request of Spieridon Fear Camg in the amount of 25.... , Secnnde yi•l, call voi; _t_ Peott ?r "ot'on carried by unanimous roll 8. i:emo from Park C. Recreation Council - "r. "illiars read the corres- pondence. i-rs. :Cavanaugh moved to accept the proposal from Kramer, Chin & Javo in the amount of520,427. Seconded by dr. Peotter. , .enslow stateu that the monies for this study would come out of state revenue funds in the approximate amount of $17,000 and the balance from the contract funds of the planning department. This plan en- island. The isccharged the 5. Recraion with prehensive development plan for the entire borough. The Council was organized in March of 1976 and is concerned with parks and all kinds of recreational facilities. Mr. Censlow explained that this is an areawide study and plan; any facilities that are recommended in plan and C.I.P. would establish financial eligibility for the Borough and the City for funding. At the present time it is not necessary for the Borough to provide a (Borough only) Parks & Recreational Council; it may be advisable in the future. Notion carried by unanimous roll call vote. C. Resolution _do. 77 -55 -R Personal Property Tax Supplemental - 1977. rs. Kavanaugh read Resolution do. 77- 55 -P.. Mrs. Kavanaugh moved for adoption of Resolution do. 77 -55 -R. Seconded by "r. Jack. "otion carried by unanimous roll call vote. nsif KIB ASSELBLY ;d:ETL:G - ,;OVE.LBER 3, 1977 RAG' 5 L. Resolution Jo. 77 -56 -R Final Subdivision of Lot 2, Klock 1, ionashka Bay Alaska (Charles Lagnusen). Mrs. Kavanaugh roved for ado tion of Resolution ..0_77- 56- R_Final Subdivision of Lot 2 Klock 1 uo e a"' m Alao. Seconded by "r. Loran. "otion carries? v - unanimous rot call -- - -- E. Resolution .7o. 77 -57 -S Final Subdivision of Lot 4, Plod 1, Tiller Point Alaska (Lloyd Sharratt). ;:r. Peotter moves for emotion of ileasa tion aFinal Subdivision of Lot 4, Flock 1, Piller Point Alaska. Seconded by irs_ avanaugit._ otio carried by unani- mous roll call vote. F. Resolution .lo. 77 -56-R Aesubdivision of Tract C -A, USS 1396 (Rolland Jones). .[rs. = avanaugh moved for adoption of Resolution do 77- 56-1. Seconded b ::r Peotter, ;'r. Milligan asked time action on this resolution be tabled for thirty days as the required fees have not 'Lae n paid. i:r. Peotter moved to table Resolution N Seconded by jr. Villiers. r• 77-58-R. .otion carried by_unanimous roll call vote, C. Resolution do. 77 -59 -R Karluk Subdivision of 'lock 1, Lots 1 throng 16, within protracted Sections 17 & 20, T 30S, P 32W, SM. Pre. Kavanaugh moved for adoption of Resolution Jo_ 77_59 -P. Seconded pv ''u Peotter_ ..r. i!illiams suggested that this be designed as a re- stricted subdivision since it does not fall into the normal criteria of the planning and zoning code. 'rir. :'illiean stated that under Title 16 variances can be granted when they are required. Motion carried with Hr. Williams castin one NO vote. d. Resolution Jo. 77 -6J -R Old Harbor Final Plat of Vacation of Tract F and Subdivision of Portion of Tract E, Old ''arbor Townsite, USS 4793. dr. Emmick moved for adoption of Resolution :'o. 77- 60 -F.. Seconded by_ Peotter. lotion carried by unanimous roll call vote._ I. Resolution .yo. 77 -61 -R Akhiok Final Plat of Vacation of Portion of 3locks 2, 11, 14 and all of Blocks 12 t. 13, Akhiok ToT.+nsite USS 4926. Peotter moved for adoption of resolution Jo. 77 -61 -R. Seconded by :irs. naugh. Lotion carried_b unanimous roll call vote. J. Resolution rio. 77 -c2 -R. (First Reading) Coals & Objectives, Draft Form. tlr. Jack read Resolution ,;o. 77- 62 -,',. Mr. Denslow explained Oat the P b Z Commission is holding hearings on the draft copy. There is a matter of timing to be considered. In order to expedite this matter it is recommended that the preliminary draft be adopted while the re- vised draft is being completed. The revised draft should be ready to present` at the december 1st meeting at which time the recommendation would be for a motion to rescind Resolution :Po. 77 -62 -R and substitute a resolution which adopts the final version of Goals & Objectives. irs. Kavanaugh moved for adoption of Resolution Mo. 77 -62 -s. Seconded by Dr. Emmick. .:otion carried by unanimous roll call vote. K. First Reading Ordinance ;lo. 77 -34 -0 Creating Public Hosoital Board. ur. Emmick read the Ordinance by title only. Dr. Snick moved for adoption at first reading of Ordinance lo. 77 -34 -0. Seconded by tir. Jack. :lotion carried by unanimous roll call vote. L. Report of Revenues & Expenditures for September 1977 - School. Erick moved to acknowledge receipt of the report. Seconded by Mr. Jack, i n carried by unanimous roll call vote. i•s. :Monthly Activities Report for September 1977. Mrs. Kavanaugh moved to accept receipt of the monthly_report from the planning department, Seconded by Jir. Peotter. t:otion carried br unanimous roll call vote. N. First Reading Ordinance ilo. 77 -35 -0 - Establishing the "dill Bay - `ianasnka Service Area. Dr. Emmick moved for adoption of Ordinance Mo, 77 -35 -0. Seconded by Mrs. Kavanaugh. Motion carried with Mrs. Kava- naugh casting one M ;0 vote. 1 1 2 r 1 ; 1 , KIB ASSEMBLY :'.FETING - NOVEMBER 8, 1977 PAGE 6 X IAJAGER' S REPORT 1. The School Board has requested to have a joint work session .ait:z the Assembly. The next work session will be at 9:30 P. ?L, : iovemberl9, 1977 in the Borough Meeting Room. The School Board will be meeting with the assembly to discuss three issues. 2. Re: village schools, the detailed design ?lens will be presented at the work session for approval. C ASSEMBLY COMMENTS Kavanaugh; 1. Expressed wish to see the assembly member appointed very soon. 2. Is dissatisfied with the disclosure law. Asked that the manager check into this as to the extent of 3orough involvement, perhaps a modified disclosure. 3. Was invited by the Rotary to speak and answer questions regarding what the Borough is doing. Invited Mrs. :lallin and Mr. Denslow to accompany her. Logan: 1. Presented the name of Tony Perez to be considered for membership on the Planning & Zoning Commission. Peotter: 1. Suggested Mayor Wallin do all possible to exert any influence she might have to make future Municipal League Conferences shorter and better organized. 2. Feels appointment of the assemblyman should be taken up at an early date. Jack: 1. Feels that a serious problem could develop in the near future regarding air transportation. The State airport should be upgraded. Is concerned that the FAA turned down landing lights for the municipal airport as well as turning down a request for upgrading that airport. Feels the Assembly should have some say about upgrading, relocation, in general, the future of the municipal air - 4 port. Mrs. Kavanaugh suggested that the policy of the Assembly as to the relocation of the minicipal airport be taken up at the November work session. Williams: 1. Stated that Bells Flats lands surveys on the federal level have not been performed; consequently, long term loans are not available to many residents. Mr. Williams moved that the Assembly authorize the Borough Manager to take action necessary, including legal means, to clear the title to the property in Bells Flats so that the people will have free and reasonable use of their property. Seconded by Dr. Emmick. Mr. Denslow stated that the Borough is doing all possible to get these lands surveyed. The federal government does not have the funds for these cadastral surveys. The Borough could pursue this through counsel with the Attorney General of the United States to determine the legal :mechanisms that the Attorney General may have as compared with those of the Secretary of Interior on matters of impact lands to changs the priorities of attention given funds and technical field work by the U. S. Coast and Geodetic Survey. Motion carried by un- animous roll call vote. 2. Wished an explanation of the city tax as it pertains to borough residents. Mrs. Kavanaugh explained the new city tax ordinance. Mr. Williams moved that the Borough Manager take action necessary to protect the people of the Borough from inequities in the City sales tax. Seconded by Mr. Jack. Mrs. Kavanaugh felt that Mr. Widom, Mr. Hyde and the City sales tax assessor be invited to discuss this with the Assembly at the work session in November. It was emphasized that this is a legal problem. Motion carried with Mrs. Kavanaugh casting one NO vote. Emmick 1. With reference to the proposed unification with the City, he would like for the present members of the Assembly to appoint someone from the City Council to be on the Assembly. KIB ASSEMBLY MEETING, NOVEMBER 8, 1977 XII MAYOR'S COMMENTS 1. Stated the Borough needs to Historical Society and suggests a monthly basis. 2. Stated that as mayor she is , Council. 3. Would like to sit down with City representatives and discuss the ' personal property tax; also raw resource tax. u. Asked for a unification and raw resource tax meeting with the City in early January. S. Stated that it was a motion, not a resolution, by the assembly that encourages all assembly members to visit the villages at least once a year in order to keep abreast with what has been done and what should be done. Suggests that a resolution to that effect be presented. 6. Stated that for a number of years Kodiak has been represented on the Municipal League by Leroy Mayberry. They have much influence and lobby for the interests of the municipalities throughout the State. Much work is done in small groups behind closed doors. Kodiak came back with six different titled appointments. Read two resolu- tions which were passed: 1. Re: the processing of State royalty of oil and gas within Alaska and 2. Re: the expansion of the Alaska Marine Highway system. 3oth are of great interest to Kodiak. Mr. Peotter commented that he felt his remarks had been misconstrued. He is of the opinion that some of the general sessions were meaning- less and poorly planned. Mrs. Wallin suggested that next year the agenda be looked over prior to the conference and each member select what he would be most interested in. 7. Re: Mrs. Wallin's comments concerning the boat harbor at the October 6th meeting, it was pointed out that the Borough has the authority to tax the boats. XI AUDIENCE COMMENTS Lorna Arndt: Asked who is responsible for the maintenance and up- grading of the road in front of the Borough building. Mr. Widom answered that the City is and has plans to improve it. XIV ADJOURNMENT Meeting was adjourned at 10:07 P.M. ATTEST: Borough Clark -1 S 4 select a representative to the the assembly members take it on French. ice r s PAGE 7 on'th_ Community College Advisory