06/17/1971KODIAK ISLAND &ROUGH ASSEMBLY 1
JUNE 17th, 1971
I CALL TO ORDER
The meeting was called to order by Deputy Presiding Officer Norman Sutliff at 7:35
P.N. in the Courtroom of the State Office Building, Kodiak, Alaska.
II ROLL CALL
Present Absent
Wilton T. White, Borough Chairman
Norman Sutliff
Dick Sims
T. T. Jackson
Ion Arndt
Ed Naughton (late arrival)
Also present: Emil Norton, President of the School Board and other members.
Approximately 20 people in the audience.
III MINUSES OF PREVIOUS MEETING
A. Assembly - Regular meeting - June 3rd, 1971. Under PLANNING & ZONING ITEMS "A"
Mr'. Sims noted that he had received a call from Mr. Jones of North Pacific
Trucking Company regarding the fact that the tape of the June 3rd meeting showed
that the Company was working for Middle Bay Fisheries; however Mr. Jones asked
that the record be set straight and noted that the North Pacific Trucking Company
is requesting the lease for their own use. Nit^. White, Borough Chairman noted
that the application was in fact for a lease of the Tidelands. Mt Sims moved
for approval of the minutes as presented and asked for unanimous consent. No
objections were voiced the Chair so ruled.
IV MUMS OF OTHER MEETINGS
2 A. School Board - Regular meeting - May 10th, 1971. No comments were made.
V COMAUNICATIONdS AND APPEARANCE REQUESTS
A. Mr. Emil Norton, President of the School Board, representing Dr. Lind, presented
the revised school budget with cover letter setting forth the areas of changes.
Mr. Norton noted that the revised budget did not ask for an increase of the local
tax support. Pr. Sutliff moved to ap6+rove the local support of $282,000 plus
$10,000 for the school budget, motion died for lack of a second. Since the
School Budget will be incorporated in the Borough's budget the Chairman asked
for a motion to accept the school budget. Mr. Sutliff moved to accept the
revised 1971 -72 School Budget with the amount of local support at $292,000 for
a total budget of $4,659,885.00, seconded by Mr. Jackson. In answer to a
question it was noted that the Community Service: does include money for the
Library and Community College. The Library will receive $7,500 and the Community
College funning will be the same as last year $16,000.00, The question was calle
for and the motion passed by unanimous roll call vote.
VI PUBLIC HEARINGS
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r
A. 2nd Reading and Public Hearing ORDINANCE N0. 71 -9-0 Rezoning Blocks 40:113_,_46,
47, 48, 49, 50, 52, 53 and 5 East Addition from R -1 to R -2 (246 -A), re
full by the Borough Chairman. It was requested that the public hearing be opener
prior to a motion on the Ordinance, however the Presiding Officer noted that the
motion rust be made prior to the opening of the Public Hearing and this was the
method of placing the subject matter before the people. Mr. Sims moved for
adoption of ORDINANCE NO. 71 -9 -0, seconded by Mr. Arndt. The regular meeting
'was recessed and the Public Hearing on the Ordinance opened. Mr. Bix Bonney
was spokesman for the property owners in the area involved and read a letter
protesting this rezoning. Along with the letter, a petition was presented and
noted that people oumLng 49.2% of the assessed valuation in the area were repre-
sented on the petition. The people signing the petition were unified in their
objections to duplex- project with absentee owners ; cheaply built, side by side
duplex structures on sub - standard size lots and transient population who are
only temporarily in Kodiak and do not care about permanence. Several other
individuals in the audience voiced, objections to the rezoning stating the same
objections, but also voicing the feeling that should a Restricted R -2 be set
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KID ASSEMBLY ITNUDES - JUNE 17, 1971 Page 2
would not object to .suchusage. The residents did not feel that an effort to
broaden the tax base was reason enough for a rezoning. The Borough ^hairran
pointed out, as did a :member of the Planning & Zoning Commission, that the intent
of the commission was not to penalize the owners of homes in the area, but to giv,
those individuals desiring to build nice hares a means of helping to defray the
cost of such building. It was suggested that this be returned to the Commission
for further study and that work be done on plating restrictions on either the
type of dwelling, coverage of the lot, something that would be acceptable to the
others in the area. There being no further comments, the public hearing was close
and the regular meeting reconvened. Mt. Sims moved to table Ordinance No. 71 -9-0
until P &Z had a opportunity to research a Restricted R -2 Zoning or an R -1 zoning
with option for apartment in basement, seconded by £tr. Sutliff. Motion to table
was passed by unanimous roll call vote.
B. 2nd Reading and Public Hearing ORDINANCE NO. 71 -8-0 Proposed Budget 1971 -72
read in Hull by the Borough Chairman. Mr. Arndt moved for adoption of
Ordinance No. 71 -8-0, seconded by trr. Jackson. The regular meeting was recessed
and the public hearing on the ordinance opened. It was noted that the I- Street
Site fund is money to be transferred to the City for the ground leveling and chec
will be written after the first of July. Mr. Jackson asked about the funding for
a planner and it was explained that in order to qualify for federal and state
funding it is necissary that the Borough have a planner. This will be on a joint
participation basis with the City and could be used as a Planner/Building Inspect
Funding has been established for contracted services with the firm of Tryck,
Nyman & Hayes who will be giving assistance in this area, that of planning and
keeping in touch with the grants that are available and the proper procedures for
application of same. It is possible that this position would also be filled ..;
an architect working with the school and borough. The question was called for
and motion passed by unanimous roll call vote.
The Borough Chairman noted that under Health and Sanitation, no contribution :_
being made to the Mental Health Center however the Borough Administration has
taken over the bookkeeping and this constitutes a contribution of approximate:.:
$6,000.
A ten - minutes recess was declared.
The meeting reconvened at 9:05 F.M.
VII PLANNING & ZONING TIIIhS - NONE
VIII OLD BUSINESS
A. Resolution No. 71 -12 -R Requesting that the Department of Highways Build_
Secondary Road from Ferry Terminal, Wakefield to the Airstrip, Port Lions, net'
full by the Borough Chairman, noting that at the last meeting there had been
questions raised concerning the responsibilities of the Borough should roads
established in Port Lions. A telephone call to the Department of Highways had
determined that the questioned areas should be deleted from the Resolution arc:
so done. Mr. Sims moved for adoption of Resolution No. 71 -12 -R, seconded by ..
on
Jacks. The question was called for and motion passed by unanimous roll cam:
B. Selection of the Audit Firm. The proposals for the Work had been received •
prior to the last meeting and the Assembly had agreed to deferment of the sei -_•_
until this meeting. Two firms had submitted proposals for the work, Hedla,
Sherwood & Co (merged with Arthur Young & Company) and Peat, Marwick, Mitchell
The Chairman read a letter from the School Board stating their recommendation .
the firm of Hedla, Sherwood and Company. No recommendations were received font
the Borough Chairman or Clerk Treasurer 'ir. Sims !roved to accept Peat, Marv'
Mitchell & Company as auditors for 1971 -72, seconded by Mr. Sutliff. Mr. Sirs
explained that since the other fine had been doing the audit for many years, 1-
was sometimes good to have a change. Mr Hedla will be doing the audit for t
City this year, a change from Peat, Marwick, Mitchell & Company who had done - y-
.work in the past Mr. Walker, Cleric- Treasurer, noted that many other cities
Borough change firms from time to time in order that new ideas may be incorpor_t-
tt . Branson, a member of the School Board, reiterated the feelings of the Schcc_
Board in the recamenation of Hedla, Sherwood & Company as they had been very
with the work in the past. The question was called for and roll call vote as
follows Mt. Arndt - NO; it.
OF_ *
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ru ono • pass
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KID ASSEMBLY MEETING - JUNE 17, 1971
I7C NEW BUSINESS
Page 3
A. 1st Reading Ordinance No. 71 -10 -0 Authorizing Loan of $102,995.00 for
Portable Classroom Units, read in full by the Borough Chairman noting that the
interest rate would not exceed 4.3/4 %. Mr. Sims moved for approval of
Ordinance No. 71 -10 -0 in first reading, seconded by ?lr. Sutliff. This is being
drawn as the funding from state and federal sources has not yet been received
by the School and will allow for better interest rates at this particular time.
The question was called for and the motion passed by unanimous roll call vote.
B. Tax Adjustments submitted by memorandum by the Borough Clerk, read in full
noting that one tax is on real property, owner deceased, and the remaining taxes
are on personal property, location of owner unknown. Mr. Sutliff moved to approve
the writing off of the tax adjustments as presented, seconded by Mr. Jackson .
Motion passed by unanimous roll call vote.
X CHAIRMAN'S REPORT
A. Land Sale In accordance with action taken at the last regular meeting, a
letter has been submitted to the Division of Lands requesting that they proceed
with the preparation of a sale to include the Bells Flats area, Port Lions 1st
Addition and those thirty -five lots or so that were previously sold at auction and
reverted to the Borough through default of contract. A call was received this wee
from Mr. Lester Miller, representative of KANA, requesting that the sale be
postponed in case the land freeze were extended past the current extension.
It was indicated to Mr. Miller that the sale in Port Lions had developed from a
request received from the Port Lions City Council requesting that the land be
surveyed and sold. ?'. Denison Lane, VISTA Lawyer, was in the audience and spoke
as a representative of Mr. Miller Mr. Lane asked that the Assembly withdraw
the lands in Port Lions from the sale as he felt that the request for sale of
such land did not cane from the Council and that one Council action should not
necessarily bind the succeeding Council. It was felt that at the time the request
for sale was made the Council did not realize that the lands could be claimed
by the Village* and that consideration should be given to the village first.
The sale of the lands would prejudice Port Lions in any land claim settlement.
There has been indication received from individuals in Washington, D. C., that
the land settlement will be reached by September and possibly by the suncer.
The Borough Chairman pointed out that the Borough was acting on the request of
Council in having the lands prepared for sale and for no other reason; however
it should be stressed that the Survey Costs have been borne by the Borough and
that arrangements should be made for the reimbursement of these funds. The survey
was paid for from the receipts of other land sale and that all the members of the
Borough were in fact paying for such surveys.
Mr. Lane also brought up the subject of the sale of the Bells Flats sale and
although his feeling was not as strong on Bells Flats as the Port Lions land,
he did feel that this sale should be held off until the land claims had been
settled. The question was raised as to whether or not Division of Lands would
conduct a sale only on those lots which had reverted back to the Borough and
noted that they had indicated in the past that they would'rather combine it with
the other sales. The Clerk stated that he had been in contact with Division of
Lands and it may be a while before the sale can be held. The assembly members
were in agreement that a letter should be written to the City Council at Port Liar
requesting their feelings, on the sale and that we would hold off an that sale
until word was received from Port Lions. Mr. Sutliff moved to proceed with
the sale of the acquired land in the Monahska Bay, Miller Point area, seconded
by Mr. Arndt. The question was called for and the motion passed by the folloddr>R
roll call vote; Mr. Jackson - YES; Mr. Sims - NO; Mr. Arndt - Yes; Mr. Sutliff -
YES; Mr. Naughton - YES.
Mr. Sutliff moved to proceed with the land sale of the Bells Flats area, seconded
by Mr. Sims. The question was called for and the motion passed with the followlnk
roll call vote; Mr. Arndt - YES; Mt. Jackson - NO; Nt'. Sutliff - YES; Nt'. S:...;_
YES; Mr. Naughton - NO.
Mr. Sims moved to withdraw the Port Lions land from the upcoming Division of
Lands sale unless an answer contrary to this action is received from the Port
Lions Cit Council, seconded by Er. Arndt. The •uestion was called for and the
mot on passe y us ro c. vote.
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KIS ASSEMBLY MINUTES - JUNE 17th, 1971 Page 4
B. Northland Camps - The Borough Chairman infonwrzd the Borough Assembly that during
the past several weeks Borough Attorney Roy Madsen had been negotiation with the
attorney for Northland Camps and had spent a considerable amount of time taking
depositions. As a result of the negotiations the attorney felt that the Borough
would be liable for approximately half of the $16,000 and this was the basis on
which he approached the Northland Camps' attorney. He also felt that the
architect for the Kodiak Islam', Borough School District was also responsible in that
they proceeded with changes that were not in the contract. The Borough Attorney
made an offer of $10,000 w :inch was refused; another often was made of $11,000 and
was accepted. This is a bur gated amount, however the Ecrough Chairman asked for
voiced confirmation of this amount being expended by the Assembly. Mr. Sutliff
moved to concur in the settlement of $11,000 paid to Northland Camps, seconded by
Mr. Sims. It was noted that this case points out the responsibility of the Borough
Assembly to incur= that jil contracts are carried out as signed. The question
was called for and the motion massed by unanimous voice vote.
C. Sewer System - The Health Advisory Council in Kodiak for meetings stressed
the importance of having a plan for a sewer system outside the City of Kodiak and
the implementation of the plan by 1972. The Firm of Tryck, Nyman and Hayes is
working on a prelimary plan fc_ the system which can be taken care of by a service
district or by annexation to the City. It was pointed out that there are many
problems involved; to sell bonds for a service district an election must be held
area -wide for a non -area -wide service district. It was pointed out that the
City and Borough should be working very closely in this area and it was decided
to have a joint meeting; City Council, Borough Assembly and M'. John Chapman of
Tryck, Nyman & Hayes as soon as possible. It appears that the logical solution
to the problem of a service district would be annexation of the fire district
area to the City; this area being placed on step annexation basis. The question
will have to be placed before the voters and it was suggested that detailed inforlrat
be available concerniag this. Further noted that the taxes would not be much more
as the area outside the City is now faced with Fire District tax and then would
have additional taxes for the Sewer District. The rated for sewer planning and
implementation was again stressed by the Borough Chairman in noting that the
Kodiak area is being made an e ::apple and if the project is not done, the area will
be closed u:,.
XI AUDIENCE cc 22C2S
A. Sewer Srstcm -- note•t by ,re r;er of the audience that new construction has been
stopped in other - -cs of the United States due to lack of proper sewer systems.
The Borough and City Li until July 1st to unify for planning and the meetings
should show that ':__: redo _s at least planning such a system.
XII ASSEMErf COME :NIS
A. Mr. T. T. Jackson re Dog Control - I.ir. Jackson stated that he had contacted
the Borough Attorney and tha Borough doss have power to enforce dog control in
the Borough outside the City Limits. He had further talked with the Police Chief
and suggested that -?di - opal mJney be given to the Police Department for the control
of dogs in the area c':tside o. the City. No decision was made on this matter
nu ADJOURNMENT
The meeting adjourned at 11:20 P.M.
APPROVED:
il :!, ( O
Russell M. Walker, Borough Clerk Wilton T. White, Borough Chairman