08/04/19771 '1 1 1 2 1 1 5'1 C
KODIAK ISLAND BOROUGH ASSEMBLY MEETING - AUGUST
I CALL TO ORDER
The meeting was acalled to order by
Emmick in the Borough Meeting Room
II ROLL CALL
Present
Dr. Michael Emmick
Mr. Murl Estes
Mrs. Sandra Kavanaugh
Mrs. Betty Wallin
4, 1977
Deputy Presiding Officer Michael
at 6:30 P.M.
Absent
Mr. Edward Jack (arrived 7 :03
Mr. James Peotter (excused)
Mr. Frank Peterson (excused)
A quorum was established.
III MINUTES OF PREVIOUS MEETINGS
A. Assembly, Regular, July 7, 1977. Mrs. Wallin with regard to
Item K under VIII, reaffirmed that the house was included in the KANA
request for renewal of use permit. Mrs. Kava moved that the
minutes be accepted. Seconded by Mrs. Wallin. Dr. Emmick declared a
unanimous vote of approval.
B. Assembly, Special, July14 1977. Mrs. Kavanaugh moved to accept
the minutes as ?resented. Seconded by Mr. Estes. Dr. Emmick
declared a unanimous vote of approval.
IV MINUTES OF OTHER MEETINGS
A. Citizen Advisory Committee - July 0, 1977
B. Planning & Zoning, Regular - June 15 & July 20, Special - June 29
& July 27, 1977
C. School Board Meeting - July 18, 1977
Mrs. Wallin moved to accept the minutes in a block. Seconded by Mrs.
Kavanaugh. Mrs. Wallin noted that inthe July 15, 1977, P & Z Minutes
Item 3, Subdivision, Par.,graphs 1 and 7 do not show the vote on the
main motion, paragraph 7 does not show the second to the amended moti
Dr. Emmick declared a unanimous vote of approval.
V COMMUNNICATIONS AND APPEARANCES
A. Re: Leasing and Drainage Problem_(William L. Fearn). Mrs. Weill
read the correspondence. Item 1: Regarding LOFKA, the Russian River
General Store requesting a survey and lease of that portion of Tract
A P -3 bounded by Chiniak Road on the southeast and intersected by th
Russian River on the northeast for relocation of the store. This
item must wait until the land sales ordinance, #77 -17 -0, is approved
at the second reading. Item No. 2: requesting the borough to direct
the contractor for the Bells Flats Service District to trench across
Russian Creek road and at the same time install a culvert to be fur-
nished by Mr. Fearn to provide needed drainage. 3ecause this area is
subject to a lot of small creeks and ditching problems there have beer
several requests for similar service which have been deferred until
such time that adequate funds are available. Mrs. Wallin stated that
Bells Flats has a service district. Mr. Denslow stated that last yea
they had S38,000 in monies, used mainly for road grading and ditching
but could no doubt be used for this type of construction. If there
were approximately a dozen of these requests for culverts fulfilled i
would run in the neighborhood of $25,000. Mrs. Kavanaugh suggested
that the people in this area discuss this among themselves and with
the contractor. Mrs. Wallin stated that there is a meeting scheduled
for August 11 for this purpose which the member of the assembly might
attend.
B. Re: Community College Funding Request - Don Thomson, representin
Carolyn Floyd. Mr. Thomson presented a request for funds to support
programs ordinarily not - unded through regular university channels.
For the past six years these funds have come through the KIB School
Board. This year they were totally denied with the request that. the
Community College go to the assembly. The funds are for two purposes
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KIB ASSEMBLY MEETING - August 4, 1977 PAGE 2
1. to supplement the adult basic education grant, and 2. to support
the community service program. The funding level has been remarkably
low when considering the budget of the entire operation. Funding of
$24,500 is requested from the borough local funds to support the pro-
grams which cannot be funded from the general funds of the State.
Community College feels it would be very unfair to allow these prograc
to go unfunded as they are a service to the community. The assembly
aware of what happened with the school. Mr. Denslow has asked legal
counsel to begin his analysis of the situation to help develop a mech-
anism for assisting the community college and the library within the
structure of the law under which we operate. Mr. Denslow stated that
all alternatives will be investigated, a grant or possibly channeling
through another institution. : *,r. Sharon should have a report shortly
to assist in achieving the objectives of the assembly. F statement of
intent to the administration of the community college as to the will-
ingness of the assembly to assist was given by Mr. Denslow in lieu of
the report from the attorney. Mr. Th stated that he has not gone
back to the school board to reconsider. With regard to the timing, th
beginning session is in mid- September so there will be another assembl
meeting prior to that. Mrs. Wallin roved that it is the intent of th
KIB to fund the Community College for local programs. Seconded by Mr.
Estes. Motion carried oy unanimous roll call vote.
C. Re: School Board Budget Actions F/Y 1977 -78. Mr. Denslow read
correspondence from Mr. Bob Greene. Hrs. Kavanaugh requested that th
opinions from two attorneys, Michael Sharon of Cole, Hartig, Rhodes,
Norman E Mahoney, borough attorneys, and Milton Souter, be read. Mrs.
Kavanaugh read the opinion from Mr. Sharon, Mr. Estes read the opinion
from Mr. Souter. In addition, Dr. Emmick read an excerpt from the
school board minutes of July 18, 1977. Dr. Emmick feels that it is
still a question of whether the school board wishes to spend some of
the money it has available to fund the community college local program
and the library funding. This was as a matter of explanation to the
public. Hr. Estes asked why, if the assembly appropriated more than
the school district had requested last year, they cut the community
college fund by 50 percent. It was stated that there was no way of
answering the question. Mrs. Xavanaugh moved that the manager send a
letter to the school district stating that the school district will
immediatel cam with KIS Ordinance ;l69-2 -0, centralized treasur
ordinance. econ ed y Mr. Jack. n light o the motion on the floor,
Mr. Denslow presented the administration's view since this has gener-
ated a great deal of community interest, pointing out that the borough
did seek the advise of two respected legal counsels who generally con-
cur in their opinions as to the substance of the problem_. He feels
that the first step should be to release to the public, the press and
the school board, in order for them to be aware of the substance of the
foundations upon which the assembly's decisions will be base, and that
in addition the assembly should meet with the borough auditors next
week to discuss procedures for the technical implementaion of the
centralized treasury ordinance. Presiding Officer Emmick ruled that
the meeting with the auditors would result naturally from the motion
before the assembly at that. time. Mrs. Kavanaugh inquired if the
assembly asked the school board to comply with Ordinance #89 -2 -0, if
that would set another $135,000 free which will not be needed for any
kind of contingency fund. Dr. Emmick stated that that was a rough
figure but might not be the final one. Mr. Jack stated he felt the
assembly should look for an alternative for contributing to the com-
munity college and the library. Motion carried by unanimous roll call
vote.
D. Re: City of Cordova Respecting Foreign Water Based Processors.
Correspondence read by Mr. Jack. Dr. Emmick stated this is an item
that should have a great deal of input from the community and that a
work session should be set up and invite those in the fishing industry
to Attend. Mrs. Kavanaugh stated that the manager had been instructed
at a work session to contact these interested parties to solicit their
comments. Mr. Denslow stated he had asked Tom Casey, United Fisherman'
Marketing Association, and Ed Naughton, a consultant to foreign
fisheries, to give their statements. Mr. Casey was present, Mrs.
Naughton presented some of ^Ir. Naughton's views contained in a state-
ment he was dictating en the subject.
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KIS ASSEMBLY MEETING - August 4, 1977 PAGE 3
Tom Casey - stated that on April 21, 1977 the ;:orth Pacific Protein
Coalition was formed in direct response to the interest of Korea ani
the USSR who station high seas mother ships with forei_nprecessint
crews aboard in the Gulf of Alaska which fish for approximately
130,000 tons of pollock. The basic issue is how competitive can on-
shore processing be in the expansion of their industry from shell fish
and salmon into cod and flat fish if there are high seas mothershi--s
operating off shore. North Pacific Coalition has taken the position
that the shore =based processors need a break and that there should be
no high seas processing. Every effort should be made tc guarantee the
economic health of Kodiak, Sand Point, Dutch Harbor, Cordova and all
points along the rim of the Gulf of Alaska and the Bering Sea. North
Pacific Coalition has set goals as follows: (1) to insure that the
optimum yeild set by the Department of Commerce in total lawful catch
for each year not be exceeded; (2) to insure that foreign processors
be allowed only that share of the U.S. catch the American processors .
on shore cannot process themselves, (3) to insure that no new acquisi-
tions by foreign interests of any American vessel or processing
facility exceed 25% equity capital interest. He stated that there are
many loop holes that should be corrected so that the advantage will be
with the American rather than the foreign processors. The USSR has
petitioned the Department of Commerce to work off the coast of Oregon
to harvest hake. In the future they will be working to develop a fleet
to be based around the perimeter of Alaska. Mr. Casey stated he had
read Resolution 77 -30 (Cordova) and was in agreement with it. He hopes
to develop the coalition of fisheries in California, Oregon, Washington
and Alaska.
Mrs. Kavanaugh read a letter from Tom Casey directed to The Honorable
Ted Stevens, U. S. Senate; The Honorable Mike Gravel, U.S. Senate The
Honorable Don Young, U.S. House of Representatives, The Honorable Les
AuCoin, U.S. House of Representatives, The Honorable Gerry Studds,
House of Representatives, The Honorable John Murphy, House of Represent
atives, The Honorable Jay Hammond, Governor of Alaska; Elmer E. Rasmuss
Chairman, North Pacific Fishery Management Council; Robert White,
Administration, National Oceanographic and Atmospheric Administration,
and David Wallace, Deputy Administrator, National Oceanographic and
Atmospheric Administration. Mr. Casey stated that the Federal Govern-
ment will hold hearings on foreign investments policies and high seas
mothership alternatives in Kodiak on August 24, 1977.
Sharon Naughton, speaking in behalf of Ed ?'aughton, concurs with Mr.
Casey's views but feels there are some issues that could be looked
into further as it is a very complicated issue which requires a great
deal of research and study.
Mr. Jack read the Resolution 77 -30 of the City of Cordova. I;rs.Wallin
pointed out that the resolution seemed broad enough. Mrs. Wallin moved
that the KIB accept the Resolution with proper changes in the word
ti:1eS and the signatures page wih copies to be sent to the persons
named in the cover letter and one to the City of Cordova. Seconded by
Mrs. Kavanaugh. Mrs. Naughton stated she feels that 'reevaluate' is the
key word. It was stated that there is not an ''other side ", only the
American side which this resolution supports. Motion carried 4 - 1
with Mr. Jack casting a NO vote.
VI PUBLIC HEARINGS
A. Ordinance #77 -17 -0 - Title 18 (Land Sales) Dr. Emmick called a
S- minute recess. Meeting reconvened. In the interest of expediting
the session, copies of Ordinance #77 -17 -0 were made in order for the
audience to be able to read it, action on the item was deferred until
later in the meeting.
B. Ordinance #77 -18 -0 (Townhouses). The ordinance had been received
from the consultants but the attorney had not had an opportunity to
review it. Mr. Estes moved to refer tho item to the attorney for
review; the public hearin will be held at the next re meetin -.
Seconded by Mrs. Wallin. Lotion carrie by unanimous roll ca 1 vote.
KIB ASSEMBLY MEETING - August 4, 1977 PAGE 4
C. Ordinance #77 -19 -0 - Rezoning of Villages of Akhiok, Old Harbor,
Ouzinkie, Karluk, Larsen Bay and Port Lions. Mrs. Kavanaugh read
Ordinance #77 -19 -0 and Planning & Zoning Resolution Z -2 -77, Hrs.
Wallin asked that Mr. Milligan read the letter of request from each
village. Mr. Milligan stated the request was received from :r.
Simmons, KANA Housing Authority, to rezone certain lands within K13 '.
conservation to R -1 since a problem was created when all of the unzon.
lands within KIB were zoned conservation as it affected HUD projects.
Mr. Milligan read the letter of request from each village. The Plan-
ning & Zoning Commission recommended that all the villages, except
Port Lions, be zoned residential unclassified with Port Lions being
zoned R -1. After the closing of the fishing -, season members of the
staff will meet with residents of the individual villages to ascertai
what is wanted and needed for zoning in each case.
Port Lions has developed their own comprehensive plan and map althoug
they were never formally adopted in ordinance form. Their plan will
be resubmitted and should be before the assembly by inovember with
adoption scheduled for December. Mr. Milligan stated that there woul
be no specific difference upon the HUD projects betw2cn the P & Z
proposal and the Assembly proposal.
Bill Williams, Chairman of P & Z Commission, stated that (1) the P &
Commissit_1 is not to be used as a means to an end and (2) that each
P & Z case is considered on its own merits. After looking at both
categories the commission felt that 'residential unclassified" more
appropriately fits the total area of each village much more so than
"residential R -1 ". The areas that will remain conservation are areas
that are in no use, have not been in use, and have no use for the
foreseeable future. Dr. Emmick pointed out that this is an interim
measure. Mrs. Wallin stated that the assembly is considering interim
zoning (R -1 then by December of this year all villages's planning an
zoning advisory councils would have submitted their plans for approve
with only slight variations so that by January of 1978 they would hay
business, commercial, R -1, R -2 and R -3 zoning within the villages as
result of their request, not that of the assembly. Ur. Denslow state
that the chronology of events is unusual principally because the
construction processes and requirements to meet [HUD specifications
precede the normal sequence of events laid out for the program of
comprehensive planning which would have produced proper zoning classi
fications do a detailed basis for each of the villages. It is unfor-
tunate that the borough has a short time line to reach some accommoda
tion that would satisfy the HUD requirements for immediate constructi
Mr. Denslow agreed with Mr. Milligan that there is little difference
between the two classifications as it affects the present problem.
Dr. Emttick closed the meeting and opened the public hearing.
Horace Simmons, Executive Director, KANA Housing Authority, stated
that since the ordinance prohibiting the building of single family
dwellings on lots of less than 40,000 square foot areas in an unclassi
fied zone has been recently changed, it is of no particular matter to
the KANA Housing Authority whether the areas are zoned residential
unclassified or R -1. He pointed out that Larsen Say and Ouzinkie won
not included in the subdivisions but plans are to construct housing
there in the future.
Dave Wakefield stated he had not heard any letters of request from
Port Lions read and asked why Port Lions is being included in this
request to be rezoned R -1, he also wondered what effect this would
have on lands he owns in that city. He was assured that the R -i zonir
a temporary measure would have no effect on his land. Dr. Emmick
explained that the gran' :ether clauseaffects the lands of Port Lions.
Mr. Jack stated that the present conservation classification would
not allow the property owners to even remodel a home and the propose(
R -1 classification would do this.
Reed Oswalt asked why the borough cannot ratify the Tryck, Nyman &
Hayes comprehensive plan prepared for 1969 to 1999 as it designated
R -1, commercial and industrial land in all the villages.
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KIB ASSEMBLY MEETING - August 4, 1977 P ❑ _
Mr. Denslow stated that Hr. Oswalt's understanding of the comprehend,.
plan is correct but that a plan constitutes the legal basis upon •.phi_:
an ordinance would be adopted, no zoning ordinance has been adopted fee
any of the village areas until the decision in the spring of this year
to protect the borough from the possibility of an intrusion from the
petroleum industry resulting from offshore oil. The City of Xodiak
and the Bells Flats areas were the only areas so protected because t
remainder of the borough was unzoned. A second 'art of the problem ie
the timing point of view since a new plan is in th process of boin
adopted and compatible supportive ordinances for both rezoning and
subdivisions will have to be prepared. The interim decisions by the
assembly attempts to accommodate short term objectives for KANA, the
native associations in their housing program, and the villages as far
as they are concerned. The villages will not in any way be deterred
from existing property use.
Dr. Emmick pointed out that Port Lions had submitted a request and
they were given an interim use by the assembly on the zoning they had.
The only place really affected was Port Lions.
Mr. Oswalt stated that the Port Lions city council had adopted the
Tryck, Nyman & Hayes map as a guide line for development.
Dr. Emmick stated that a new map is now being drawn up and that the
71.35 f Tryck Nyman & Hayes could not be used as a zoning map.
Mrs. Wallin asked if it would be permissible_ for Port Lions to e on
with their present plan until September when the assembly Mould have
all issues resolved for them.
Mr. Oswalt feels that Port Lions has made strides ovor the v ars
owning their own water rights, utilizing what has already b__:.
for by the KIB as an interim measure.
John Panamaroff, Ouzinkie, stated that the feeling in Ouze
the same as in Port Lions but that the borough is going al s
village council and that everything is goinn as they feel : -_
He feels that the assembly is working in an expeditious r..aee -
with Ouzinkie's planning zoning commission to try to zone
properly hopefully by December of this year. He also state - -i-
there are some plans of the Ouzinkie Native Corporation tea-
have to be changed in the spring.
Dr. Emmick stated that the people he has explained the sitar_ - - _fl
ortLTdns, some being council members, the majority unders -,:: •
the assembly has had to take this step by step to get it_
f form. He feels there was some confusion as to whether or r. -
interim use, et cetera was going to affect their property. J + . - -
affirmed that it "is not and will not', it is a matter of - I -
will be signed, sealed and delivered and it will stand up :7.
of law.
Dick Wamser feels that the question at hand is not "R -1 agar..-
unclassified residential" but local control versus big brotr_,-
making decisions as to what is best for all involved. He is -
opinion that the borough has and should, take the position • - .
control at the very lowest should take precedence over any
This has been a topic of much debate here and in other Darts -
state. Hopes the assembly will continue to allow the villages -
conduct their affairs in the manner they see fit even thou;;^. --
make some mistakes.
Tom Logan,P & Z Commissioner, stated that onthe P & Z level -•
requested that all villages be rezoned R -1 because of pre .: --
struction of dwellings, also he stressed that schools and
were covered in R -1 but not unclassified. Not all of this
remain R -1 but this is strictly an interim measure.
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KIB ASSEMBLY MEETINJG - August 4, 1977 PAGE
Mrs. Wallin informed Mr. Wakefield that the building of a high school
is listed under R -1 and would not be adversely affected.
Hr. Oswalt asked if there could be a deadline date given since this
an interim measure. Mrs. Wallin feels December, 1377 would be a sa °;
date but there can be no definite dealine date.
Public hearing closed, meeting opened.
Mr. Jack moved to accept Ordinance 1'77 -19 -0. Seconded by Its.
Kavanaugh. Motion carried by unanimous roll call vote. Mrs. `dallin
move • to t an t e ' 6 ommission or their research and work they
did toward drawing up their resolution. Seconded by Mr. Estes.
Motion carried 4 - S with Mrs. Kavanaugh castinz a NOvote.
A. Ordinance 077 -17 -0 (previously deferred). Mrs. Kavanaugh moved to
dispense with reading the ordinance in its entirety, only by title.
Seconded by Mrs. Wallin. notion carried by unanimous roll call vote.
Mr. Milligan explained that Resolution Z -1 -77, from the planning and
zoning commission, is their recommendation after much study and researo
in conjunction with the assembly. They wholeheartedly endorse this
ordinance with one amendment, 12.20.010 3 (H), recommending outcry
auction rather than sealed bid for the method of sale. Dr. Emmick
asked what the borough's responsibility would be with regard to
deposits. Mr. Milligan stated that regardless of the number of parc_1_
available the P 6 Z recommends the outcry auction. Mr. Estes stater.
he felt that outcry limits the purchaser to be at the site at a
specific time at a specific place. Not everyone can attend an auct: --
for personal or business reasons. Dr. Emmick stated that he is
opposed to outcry auction. Mr. Milligan turned over the questions --
Mike Sharon, borough attorney.
Mike Sharon, borough attorney., stated that the question of outcry
sealed bid is a matter of policy. The ordinance as it now stands
not require any amount to be deposit ed in the matter of a sealed t_
If so desired, the borough may advertise that a set amount or pero_r
is required as deposit. Mr. Sharon explained that the wrong secti-7 .
is referred to in the resolution because since the first writing, a
few minor changes have been made and the proper section for refer_r.-
is 18.20.050 (e). He stated that Section 15.20.060, voter ratified
required, is a reflection of State Statutes. Dr. Emmick said that
$25,000 is not a lot of money for a parcel of land at this time wh _:
it was at the time the statute was dram up. Mr. Sharon agreed but
that the key words are ''not acquired from the state; also the 13:
day figure in Section 18.20.120, development plans, was set by the
borough with the feeling that anyone with the idea of buying land =-
have a development plan, which ismandatory under this ordinance, w:-
six months. It must show that the value of the improvements is at
least three times the value of the property and that it complies wi-
all existing federal, state and local laws, this being an anti -
speculative feature. With regard to Section 18.20.270 3, Mr. Sharer .
stated that 2 years and 5 years has been the figures used througho.:
the consideration of this ordinance.
Meeting closed, public hearing opened.
Bill Williams, P E Z Chairman, presented two points: (1) he consij - .:
an ordinance as an authoritative document and one of limitations.
Under Title 18 he feels there should be a limitation of the size of 1
parcel that can be sold and (2) he thinks outcry auction is in the
best interest of the public because if you do not receive one bid, -
have an opportunity to bid on another parcel, however, at a sealed
sale a person cannot afford to bid on more than one parcel, as an
average. He is in favor of a combination form of both sealed bids
and outcry bid. Mr. Sharon stated that this was a workable proposa`
Mr. Williams felt that an outcry auction cost need not be prohibits
He feels there should be some reasonable parcel size with respect to
both residential or business and industrial. The advantage of small
parcels for individual development as opposed to large parcels with
developer was discussed.
2 9 1 9
KIS ASSEMBLY MEETING - August 4, 1977
PAGE 7
Ro al Lar e objected because he had nothad time to read the ordinance.
Mr. Dens ow stated that the draft copy of the document which has :lac
a few minor changes, has been available for study for months. Dr.
Emmick cited an instance in Idaho where an entire document was thrown
out because it did not have adequate public exposure prior to adoption_
Dr. Emmick closed the public hearing and opened the meeting. Hrs.
Kavanaugh moved that this b^_ taken up at a work session. notion died
or lack o a second. ;9rs dallin moved that this be called for a
public hearing at the September 1st meeting. Seconded by Mrs. Kavanau=
Mr. Jack amended the motion to resad that there will be an announcement
that co ies of Ordinance . #77 -17 -0 will be available at the borou -h
c er s office. Seconded by Mrs. Wallin. Amended motion carried by
unanimous roll call vote. Main motion carried by unanimous roll call
vote.
VII OLD BUSINESS
A. Referendum Petition Re: Easements, Amendment to Modify 16.20.030.
Mr. Peotter and Mr. Milligan worked with Mr. Chandler to assist him in
revising the wording, for clarity, of this referendum petition. In
order to determine whether the revision clarifies the intent or changes
the intent, Mrs. Kavanaugh read the original petition and Dr. Emmick r
read the revised petition. Mrs. Kavanaugh moved that the original petit
petition be referred to the attorney. Seconded by Mr. Jack. Mrs.
Wallin pointed out that the petition, if insufficient, may be amended
or supplemented within ten days after the filing date. Mrs. Wallin
amended the motion that in the event Mr. Sharon finds the intent is the
same, it could go on the ballot, if the intent is different it would be
refused. Seconded b Mr. Estes. Amended motion carried by unanimous
ro vote. Ma
ca in motion carried by unanimous roll call vote.
B. Report Recommenn Ambulance. EMrs. allintreadothe co rrespondence� 11 '. p lrs. Wallin Borough
to
follow the borou•h mama er's advise and nurc'.ose the proposed radio
communications cquioment rom ma cr lectronics in t e amount or
Si, /84 and include the equipment maintenance contract for the above -
referenced ambulance radio aouipment at a cost of $216 per year.
Seconded by Mr. Jack. Dr. Emmick questioned the maintenance contract
stating he felt the City would be responsible for thisunder their
maintenance contract rather than under a separate contract with the
borough. Motion failed 2 - 3 with Mrs. Kavanaugh, Mr. Estes and Dr.
Emmick casting NO votes. Mr. Estes moved to purchase the radio for the
ambulance in the amount of $1,704 from Smaker Electronics. Seconded
by Mrs. Wallin. Mr. Estes stated that when this was discussed with
the cityrit was agreed that they would take care of all service and
maintenance on the ambulance, which should include the radio. City
Councilman Ernie Mills stated he felt he could assure taha the city w
would assume the maintenance of this radio. The motion was carried
with Mrs. Kavanaugh casting a NO vote.
VIII NEW BUSINESS
A. First Reading, Ordinance #77 -20 -0 Providing for Designated Assembly
Seats. Mrs. Kavanaugh read correspondence and Ordianco #77 -20 -0 for
designated seats. Mrs. Kavanaugh moved for acceptence of Ordinance
#77 -20 -0. Seconded by Mrs. Wallin. Mrs. Kavanaugh suggested that in
paragraph 3, line 6 'to - G"" be deleted. Dr. Emmick and Mr. Estes,
with reference to the last sentence, felt that a petitioner should be
able to change his seat as designated. Mr. Estes moved to strike the
last sentence from the ordinance. Motion died for lack of a second.
It was pointed out that according to state statutes, one cannot change
the seat to be filed for but can withdraw. Hrs. Kavanaugh moved to
amend the motion to delete "to 'G "" and omit the word 'not" in the
last sentence. Seconded by Mrs. Wallin. The amended motion carried
4 - 1 with Dr. Emmick casting a NO vote.
B. First Reading, Ordinance #77 -21 -0 Providing for Designated School
Board Seats. Ordinance #77 -21 -0 was read by Mrs. Wallin. Mrs. Wallin
read from A.S. 29.33.130. Mrs. Kavanaugh moved to accept Ordinance
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KIB ASSEMBLY MEETING - August 4, 1977 PAGE 8
# #77 -21 -0. Seconded by Mr. Jack. Mr. Estes .moved to amend the mcti.::r
to strike the word "not' from the last sentence of the third paragraph.
S econded by Mrs. Kavanaugh. Mr. Jack moved to amend the notion to
read that the school board shall be elected at lar;e and consist of 7
members rather than 5 members. Seconded b Mrs. , lapin, After f rther
discussion ;tr. Jack withdrew his motion wit'. the consent o the seee
fhe amended motion carried 4 -- 1 with Dr. Emmick casting one NO vote.
The main motion carried 4 - 1 with Dr. Emmick casting one If0 vote.
C. First Reading Ordinance #77 -22 -0 Rezoning Lot 16, Block 19, Kodiak
Townsite to R -3 (Huey DeVille). Dr. E` read Ordinance #77 -22 -0 by
title only. Mr. Estes moved to acct Ordinance #77 -22 -0. Seconded
by Mr. Jack. After reading the third paragraph of the ordinance :Irs.
Kavanaugh stated she would not like to see this rezoning to R -3
granted since similar requests have been refused because the new
comprehensive plan has not been completed. In answer to a question
from Mrs. Wallin, Mr. Milligan stated that the P 8 Z Commission is
required to make a recommendation to the assembly but is not required
to hold a public hearing. There will be a public hearing at the
assembly level. Motion carried 4 - 1 with Mrs. Kavanaugh casting one
NO vote.
D. First Reading., Ordinance #77 -23 -0 Rezoning Lots 1 through 14,
Block 30, USS 2530B, East Addition to R -3 (Bredehop, Heybure, Hall
Eggemeyer). Dr. Emmick read Ordinance #77 -23 -0 by title only. Mr.
Estes moved for adoption of Ordinance #77 -23 -0. Seconded by Mr. Jack
Mrs. Kavanaugh stated this would constitute strip zoning which is
unconstitutional and that in the third paragraph of the ordinance is
stated that these properties are presently zoned R -2. The P 6 Z
Commission has recommended that Lots 11 and 12,which are owned by
Mr. Richard Sims, be included in the request for R -3 zoning. Lets
15, 16 & 17 are already zoned R -3. Motion carried with Mrs. Kavanaugh
casting one NO vote.
E. Resolution #77 -36 -R Approving the Borough Assessor's Tabulation of
Taxes Assessed on Property Belonging to Persons Who Qualify for the
State of Alaska Senior Citizen Property Tax Program AS 29.53.020 (e).
Mr. Estes read Resolution 077 -36 -R. i+.rs. Kavanaugh moved for adoption
of Resolution #77 -36 -R. Seconded by Mrs, Wallin. Notion carried by
unanimous roll call vote.
F. Resolution #77 -37 -R Designating Individuals Authorized to Execute
Negotiable Instruments for the Kodiak Island Borough. Mrs. Kavanaugh
read Resolution #77 -37 -R. Mrs. Kavanau moved for adoption of
Resolution #77 -37 -R. Seconded by Mr. rstes. Motion carried by un-
animous roll call vote.
G. Resolution Z -3 -77 Recommending Assumption of :Ion Areawide Street and
Sidewalk Powers within the KIB. Resolution Z -3 -77 and correspondence
from the P 6 Z chairman were read by Mr. Jack. Mr. Williams stated
that the P 6 Z has been working on items of housing, utility systems and
transportation. P 8 Z realizes that there are grave problems connected
with transportation since some parcels of land do not have adequate
access. It feels the adoption of this resolution would give the
borough the authority for orderly development of these lands.
According to statutes a borough can assume non areawide powers. Mr.
Milligan stated that the State would still maintain the roads on the
state primary system. Within the borough their road improvements would
be done through road improvement districts and would be assessed back
to the benefited property owners. The equipment would necessarily be
financed through a bond issue or the borough may elect to contract the
service equipment, or one of a variety of methods. Mrs. Wallin wanted
it made clear to the public how the costs of these services will be
defrayed. Mr. Milligan pointed out that assumption of the power does
not mean the borough would immediately take over the service of the
roads outside the city. Mr. Jack moved to propose a resolution to
proceed with the recommendation of the P 6 Z Commission. Seconded by
Mrs. Wallin. Motion failed 3 - 2 with Mrs. Kavanaugh and Mr. Estes
casting NO votes.
1 0 1 '1 2 1 1 7 1
XIS ASSEMBLY MEETING - August 4, 1977 FACE a
H. KAMA Electrical Authority P.ecuestin; Project Designation and.
Application Authorization under the Public Works Employment Act sf
1977. Mr. Denslow read the correspondence. fl rs. Kavanaugh :zcvad th
the KANA Electrical Authority proposal be funded in the amount o
5123,000, monies coming from the Round II of the Public Works r ^lee
ment Act of 1977,nded by Mrs. :'all_e. Dr. Emick stated he
assumed the KANA letter can be accepted as a letter of intent.
Horace Simmons stated that his proposal to the borough covered ono
tank for each village although it is possible that Port Lions may not
need a tank and Larsen Bay may have need of two tanks. Mr. Denslow
stated that the oil spill prevention plan of last fall amounted to
$172,000 and did not include a contingency fund in case of construction
problems. Mr. Simmons arrived at his figures by taking a contractors
figures which is considerably less than the $172,000 figure. Ur.
Simmons figure did not include plumbing the tanks in. Also any and
all work on the contract must be done by open bid contract. ter. Estes
stated that if the funds were earmarked for this project, the assembly
has no guarantee that the contract would be completed at the budgeted
figure. Mr. Simmons said he felt this situation was true in any
contract up for bid. He stated that 100 percent of KANA's funds are
going to provide electrical generation and distribution facilities in
the villages and he understood that Old Harbor's allocation of funds
are being spent on electrical generation and distribution. Three and
one -half villages were mentioned, Karluk, Akhiok, Larsen Bay and what
could be done to help Ouzinkie. Old Harbor had its own funds and Port
Lions has its own electrical system. He pointed out that KANA did not
apply for the money, it was an allocation. The deadline for application
is August 25, 1977 in Seattle. :KAHA had already had plans drawn up
for electrification which ordinarily would be a time consuming process.
Mr. Denslow stated that the borough has plans completed for oil spill
prevention, which was referred to earlier, in the amount of approxi-
mately $175,000 and completed parking plans, which is about $300,0)0.
Mr. Simmons stated the grant application calls for a list of prioriti.s
as opposed to a necessary designation of only one, he would like to
request that any additional money that is not required for the burial
of these tanks be allocated as a second priority to applying it toward
the upgrading of electrical facilities in these villages. Mr. Jack
asked if there was any chance of getting any of the road problems in
under the deadline. It ,night be possible, anording to Mr. Denslow.
but one restriction is being able to proceed with construction within
90 days which is improbable. Motion carried_ by unanimous roll call vote
I. Monthly Activities Report of Planning Department, July, 1977.
Mrs. Kavanaugh moved to accept the report. Seconded by Mr. Jack.
With eregard to item - u or the report regaraing a zoning vtolacion,
and similar items, the staff makes recommendations and has agreed to
keep the assembly informed. This means that they have looked at the
site but not that they have taken legal action. Dr. Emmick pointed out
that the meeting had run past the legal cut off time but that since
they were nearing the and of the meeting they would continue to com -i_-
tion. Motion carried by unanimous roll call vote.
J. First Reading, Ordinance #77 -24 -0 Amending Certain Sections within
Title 15 of the KIB code of Crdinances and Adding a New Sub - Section
15.28.010. Mr. Milligan explained that this would adopt standards
for construction for mobile hones within the borough. Presently we
do not have a code which duals with mobile homes. All construction
is supposed to meat the requirements of the UBC. This was presented
in title only. Mr. Estes ^.oval to accept Ordinance #77 -24 -0. Saoondod
by Mrs. Kavanaugh. siege^ carried by unanimous roll call vote.
• IX MANAGER'S REPORT
1. Senator Stevens's office announced that he would be in Kodiak on
Saturday, August 6, 197 - .;et with the assembly at 2:30 p.ra. in the
borough building, Mr. Denslow stated he had conferred with Anchorage
with regard to meeting •+ir:- tho state officials and congressional
delegation. It appears '_ :ac .t will ba impossible to get them all
together at one time and this would be an opportunity to meet wit'
Senator Stevens who cannot be in Anchorage. Lands and watershed ;i_1
KIS ASSEMBLY MEETING - August 4, 1977 PAGE 10
ba two subjects to be discussed. Mr. Jack recommended that Ouzinkie
representatives be invited to this meeting: Mrs. Kavanaugh stated
that a small meeting would be more affective than a public forum and
that it should include the assembly, borough officials, city council
the key representatives of the Cezinkie dative Corporation and the k_'
officers of the Koniag Corporation. :` ?r. Hartig of Cole, Hartig, ec-C .s
Norman & Mahoney has prepared a letter to ba available at that time.
It was decided to have the muting in the school conference room.
2. Advertising for consuers for the Health Resource Council has b-
extended for thirty days due to a lack of response.
3. The hospital construction has been determined by the architect to
be approximately 90 percent complete but no determination of essential
completion has yet been made.
4. The Personnel Policy Committee has completed the draft document.
They will be reviewing it in ordinance form with the borough counsel
before presenting it to the assembly; they would like to have a work
session with the assembly in order to present it informally before
presenting it formally at the September meeting. He feels they have
done a superb job.
5. The borough is about to advertize for bids for road maintenance
in the Bells Flats- Russian Creek area. Some of the citizens have asked
to review the bids at the time they come in. They are concerned about
the quality of the work to be done. It was suggested that a committee
of property owners from that arca be formed for this purpose.
6. The engineering consultant has Presented a final draft of the
Island Lake Water and Sewer Plan. ;.e have also accomplished the
parallel legal and financial analyses and would like to meat with the
assembly so that it would be fully aware of it, in its entirety, before.
presenting it to the citizens of the Island Lake arca. It was dccid_.i
to take this up at a work session along with fly: Personnel Policy
Committee's report.
1 1 5
X ASSEMBLY COMMENTS
Mr. Estes informed the assembly that the next meeting would be the last
meeting he would have the pleasure of serving with them as hu will be
leaving Kodiak about the first of October.
Mrs. Wallin (1) Asked if the assembly was to meat with tha auditors.
Hr. Denslow informed her that the meeting is set up for Tuesday.,
August 9, 1977 at 10:30 a.m. (2) Requested that the work session also
include taxation matters, which had been discussed with the city,
regarding raw fish, natural resources, et cetera. It was agreeable.
(3) Library funding - Mr. Widom, city manager, is to present comments
before the meeting adjourns. (4) Re: Jane Doe, Independent Steri-
lization - the assembly attempted to set up a meeting with Matt Jamin.
His client has left Kodiak so the case is moot but he is now represent-
ing a women's group that is interested in the subject and will advise_
when a meeting with the assembly can be arranged. (5) Mental Health
Residential Facility - the P E Z has recommendations that will be mac..
to the assembly. Requested that Dr. Pam eelys be contacted regardinu
the progress of this matter. Dr. =-r:itk stated that she had had
representation at the P & Z work - _ssion on August 3, 1977. (6) On
page 6, item Q, minutes of June 2, :377 it does not show a second on
the motion. Asked that this be - ..c-:ked. (7) Asked if the borough
owns the land at Terror Lake whic.i :i L' no doubt become a matter of
discussion. Mr. Dcnslow stated that :ho .maps used to determine this
have been shipped out but that as r., as they are returned he will
inform Mrs. Wallin of the status. At res..nt to the best of his
knowledge he feelsthis land is no: _. .r.Jd cy the borough.
Hrs. Kavanaugh was excused at 11:3'. P..!.
KIS ASSEMBLY MEETING - August 4, 1977 PAGE i-
(3) Since there will soon be a land sale_ Mrs. "Wallin read that _
Chiniak land sale in 1973 the easement roads wore out in as part of
the sale and that there would be nc upkeep of the roads a.ftjr the sal_.
The easement price was included in the sale of the lot.
Mr. Jack - None.
Dr. Emmick - done.
I AUDIENCE COMMENTS
Mr. Widom, City Manager, - referred co a latter sent by him to th.]
borough mayor on August 1, 1977 regarding $15 for the city library.
He requested that the assembly take similar action on this matter as
scheduled for the funding requested by the Community Collage. Mr.
Denslow stated that both matters are before legal counsel. Mrs. !allin
moved that the assembly intends to fund the library if at all possible.
Seconded by Mr. Estes. Motion carried by unanimous roll call vote.
Ernie dills, City Councilman - feels that the question of designated
seats, Ordiances 1177 -20 -0 and #77 -21 -0, should go on the ballot rather
than be determined by ordinance and strongly recommends such.
Mrs. Wallin read a quote because the assembly had been so involvod
zoning and rezoning: 'Zoning is just another way to control p._oD1_ >o
was Hitler's Germarp!'.
XII ADJOURNMENT
iTEST:'
Meeting was adjourned at 11:35 P.M.
Corough Clerk
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