09/01/19771 1 '1 7? , 1 5 1 7
KODIAK ISLAND BOROUGH ASSEMBLY MEETING - SEPTEMBER 1, 1977
I CALL TO ORDER
The meeting was called to order by Presiding Officer James Peotter in
the Borough Meeting Room at 6:40 P.M.
II ROLL CALL
Present Absent
r Michael Emmick
Mr. Murl Estes rte s. Sandra Kavanaugh (excused)
M
Hr. Edward Jack Mr. Frank Peterson (excused)
Mr. James Peotter
Mrs. Betty Wallin
A quorum was established.
III MINUTES OF PREVIOUS MEETING
as printed.
A. Assembly, Regular August 4, 1977. Accepted by unanimous vote_
IV MINUTES FROM OTHER MEETINGS
A. School Board Meeting - August 8 6 22, 1977
B. Citizen Advisory Committee - July 12, 1977
C. Governing Board of Kodiak Aleutian Center, Special, June 26.
1977.
Emmick
Mrs. allin. Passed o by i unanimous iacclaim. a Theuminutescwered by
accepted as a group unanimously.
V COMMUNICATIONS AND APPEARANCES
1 A. Letter from City of Kodiak re: O.E.D.P. representation. Mrs.
Wallin read correspondence from Ivan L. Widom, City Manager. As
Mayor Pro Tem Mrs. Wallin appointed Ivan L. Widom as a member, ex
officio, on the O.E.D.P. Committee and in the event a vacancy opens,
he becomes a voting member. Dr. Emmick moved to accept and ratify
the appointment. Seconded by Mr. Estes. Motion carried by un-
animous roll call vote.
B. Letter from OCS Advisory Council re: council opening. Mr. Jack
read correspondence from Hank Pennington, Chairman. As Mayor Pro Tem,
Mrs. Wallin appointed Al Burch to replace Ed Naughton on the OCS
Advisor Council. Dr. Emmick moved to accept and ratify the appoint-
ment• econ e y lir. Jack. Motion carried by unanimous roll call
vote.
C. Letter re: Betty Wallin appointment to Alaska Coastal Policy
Council. Correspondence from Governor Jay S. Hammond was read by Dr.
Emmick. No action necessary. Mr. Peotter, on behalf of the assembly,
extended congratulations to Mrs. Wallin on her appointment. Mrs.
Wallin asked for any and all much needed input.
D. Petition to rezone to R -2 Russell Estates, 2nd Addition, Blocks
1, 2 6 3. Petition read by Mr. Estes. Petition signed by 28
signatories. Mr. Milligan stated that a change in zoning density
should have been made before building permits were issued. This
petition is being taken under advisement by the Planning 6 Zoning
Commission; a follow -up report will be forthcoming. Mrs. Wallin
requested that a preliminary report be submitted to the assembly at
their next meeting.
E. Letter re: acturial study for retirement system. Mr. Peotter
read the correspondence. Mr. Denslow stated this is a compatible
document with the Personnel Policy Ordinance and should be studied
with it. No action necessary.
1 0 1 1 2 ) 0 5 1
KIB ASSEMBLY MEETING - SEPTEMBER 1, 1977 PAGE 2
F. Superintendent's Report on Karluk.- Larsen Bay emergency major
maintenance projects. Correspondence read by Mrs. Wallin. Mr.
Peotter stated that the monies for those projects would come from
Account No. 242.01, undesignated expnenditures. Dr. Emmick moved for
appropriation of the necessary funds of not more thatn $ for'
completion of these Projects by Welborn Construction, contractor.
Seconded by Mrs. Wallin. Mr. Estes stated that it is necessary to
have the septic tank in these locations. Motion carried by unanimous
roll call vote.
1 VI PUBLIC HEARINGS
A. Ordinance I77 -17 -0 Distposition of Lands. The ordinance was not
read in full as it had been available to all interested parties for
the past month and copies were available at the meeting. Meeting
closed; public hearing opened. Dr. Emmick stated that the ordinance
had been made available to the public for study due to its length.and
the notice of same had been published.
Bill Williams, Chairman of P E Z Commission, reiterated that (1) the
ordinance in its present form does not assure the manner of sale as
outcry auction, it leaves outcry auction or sealed bid to the discre-
tion of the assembly; (2) there is no limitation in the amount of land
to be sold in one portion. He feels this would depend on the type of
residential zoning. R -3 could require larger parcels than R -1 or R -2;
the same thing would apply to business or commercial property in
Kodiak. Stated that some individuals are complaining that they cannot
get small pieces of property.
It was the concensus that the sale should b.- by both sealed bid and
outcry auction. It was recommended that Fag° SE should read "bids
should be outcry auction and scaled bids ".
Mrs. 'Wallin stated that Page 4, Item B sets out that the planning com-
Mission's recommendation would set out the proposed development of
the property.
Richard Wamser felt that the opening of scaled bids following the
highest outcry would not be fair as the sealed bid person is allowed
only one bid.
Public hearing close; regular meeting opened. Dr. Emmick moved for
adoption of Ordinance 077 -17 -0 on the second reading. Seconded by Mrs.
Wallin. Mr. Estes stated that the mechanics of the method of sale
should be studied and worked out as there are merits to both ways.
Wallin asked if some parcels could be by sealed bid only and
^:her by outcry only. ttr. Denslow felt that the wording of the
ordinance takes care of this. It was discussed that the wording should
1) left as it is. Re: 13.20.063, Page 5, it was established that the
$25,000 figure was set by state statute. Dr. Emmick suggested consid-
ering striking the entire Section D, Page 17 because of possible
default. It was stated that an equity sale could be made with the
consent of the borough. Mr. Jack felt it would be wise to put in
some qualification as to the size of parcels sold. Mr. Estes stated
there would be a much more uniform development of land, (utilities,
Streets, et cetera) with a developer. Mr. Peotter with regard to
18.20.120 there are stipulations even if sold to a large developer.
The land when put up for sale will have been divided up ahead of
time through the recommendation of the planning department. Motion
carried by unanimous roll call vote..
B. Ordinance #77 -20 -0 Designated $eats, Borough Assembly. Read by
title only. Meeting closed; public hearing opened. Mr. Peotter
requested Mr. Estes to read Ordinance #77-20-0. There was no one to
speak for the ordinance.
Bill Williams feels that for the past ten years we have paid a lot of
attention to the ona man -one vote principle. Feels that one can back
the person he feels is best qualified for the seat; this would not be
the case with designated seats. It was brought out that the report
from the attorney stated there is nothing to be gained by this
ordinance.
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KIB ASSEMBLY MEETING - SEPTEMBER 1, 1977 PAGE 3
Mr. Hill agreed with Mr. Williams' statements.
Mr. Peotter stated that with the designated seat it deprives the
voter of the ability to short ballot.
Lorna Lee Arndt asked if this would complicate the counting at the
polling places on election day. Mr. Peotter stated it would not.
Public hearing closed, meeting opened. Mr. Peotter commented that
because of the timing of the ordinance, the deadline for filinE is
September 6, and the difficulty in advertising for the vacancy in
seats because the ordinance was not in adoption, could present a
possible suit and challenge of the election if the ordinance were to
be used for this election. Dr. Emmick moved for adoption of Ordinance
#77 -20 -0 in order to get it on the floor. Seconded by Mrs. Wallin.
Dr. Emmick agrees with Mr. Williams. He feels a questionable
situation could arise because of the ambiguous wording. Feels there
would be a restriction on the at -large concept with the designation
of seats. Mrs. Wallin is in agreement. Dr. Emmick moved to table the
ordinance. Seconded by Mr. Estes. Motion to table taking precedence.
Motion carried by unanimous roll call vote.
C. Ordinance #77 -21 -0 Designated Seatls, School Board. Dr. Emmick
read Ordinance #77 -21 -0. Meeting closed; public hearing opened.
There were no comments in favor.
Bill Williams went on record as having the same opinion as one
Ordinance #77 -20 -0.
Public hearing closed; meeting opened. Dr. :mmick moved for adop-
tion of Ordinance 577 -21 -0. Seconded by Mr. Estes. Dr. Emmick moved
to table Ordinance 477 -21 -0. Motion to table taking precedence.
b econded by Mrs. Wallin. Motion carried by unanimous roll call vote.
D. Ordinance #77 -22 -0 Rezone Lot 16, Block 19, Kodiak Townsite to
R -3 (Huey DeVille). Mrs. Wallin read Ordinance 577 -22 -0. Meeting
closed; public hearing opened. Mr. Milligan gave the recommendation
of the P C Z Commission. .Stated that combined with Lot 15A, which
the applicant owns, gives an area in excess of 8,500 sq. ft. which
would provide for a triplex. Mr. Jack asked what the zoning of the
surrounding properties is. It was stated that they are R -2, R -3 and
business. Mr. Peotter questioned the availability of adequate parking
spaces. Mr. Milligan stated that if he is not able to provide one
space per unit the building permit would not be issued. Mr. Estes
stated he felt that the original intent of requiring a development
plan did "not apply to the development of one small parcel.
Lorna Lee Arndt stated that Lot 15B is owned by the Kodiak Travelodgc
Mr. Peotter closed the public hearing for a five - minute recess. Public
hearing reopened.
Blake- Kinnear, Lot 10, Block 19, Kodiak Townsite (R -3) stated that
he is concerned about the parking situation in the area and that this
would not be developed by the Travelodge. Asked that his mailing
address be corrected on the assessing records to Box 2743.
Till, Lot 33, Block 19, Kodiak Townsite stated he is against the
rezoning as he is concerned about parking and road access.
Mr. Williams stated that the P g Z Commission had waived public hear-
ing on this property.
Public hearing closed; meeting opened. Mrs. Wallin was informed that
there are single family dwellings in the area. Mr. Estes stated he
feels that access is the problem. Mr. Estes moved to table Ordinance
#77 -22 -0. Seconded by Mrs. Wallin. Motion carried by unanimous
roll call vote. Mr. Peotter directed the Planner to research with
the engineering department of the city the development of Hillcrest
KIB ASSEMBLY MEETING - SEPTEMBERL 1, 1977 PAGE 4
Drive for the ;;tension, or uppradirg of that or any other street
leading into that area. Mr. Peotter stated that all property owners
within 300 feet of an area to be rezoned are notified by mailof the
public hearing.
E. Ordinance #77 -23 -0 Rezone Lots 1 through 14, Block 30, USS 25388,
East Addition (Bredehop, i`eyburg, Hall, Eggemeyer). Mr. Jack read
Ordinance #77 -23 -0. Meeting closed; public hearing opened.
Peter Meyburg, Lots 3 6 4, East Addition, Block 30 spoke in favor of
the rezoning stating that he feels it is important to have higher
density zoning in order for more people to have easy access to the
business district. Has a development plan for a fourplex, with
apartments to be built on top of the garages, on Mission Road.
Richard Sims, Lots 11 E 12, Block 30 East Addition spoke in opposi-
tion to the rezoning stating that he had not signed the petition to
rezone this area. Wishes the rezoning to remain the same as when he
purchased his property, lower density. Feels that the development
plans themselves are insufficient. All the homes involved with the
exception of Mr. Eggemeyer's are already built on variances because
of land contour and road right -of -ways. Stated there is no considera-
tion for road right -of -way or utility easements on Mission Road and
feels that P E Z has ignored problems that must be faced in the future,
there would be 4 fourplexes in a row. Says there are not enough
square feet to accommodate all of the units that are planned. There
would be parking problems. Mr. Sims submitted pictures of the area
as evidence. Mr. Jack was informed that soma areas have bedrock on
the surface and other areas are swampy with bedrock mixed in.
Public hearing closed; meeting opened. Mr. ' ?illigan stated there was
a public hearing held by the P 6 Z but Mr. Sims lots were not included
as he was not one of the petitioners. The commission initiated re-
zoning of Lots 11 6 12 as they felt it would be in the best interest
of the community as high density residential zoning. Lots 15, 16 6
17 were rezoned to high density at an earlier date. Mr. Milligan read
from the code the regulations pertaining to R -2 and multi- family
dwellings stating that a four -plex requires 2,400 sq. ft. The
properties run through between Mission Road and Rezanoff Drive; in
some instances the preset:: homes are on the same lot as that of the
proposed new units. Dr. E-nick moved for adoption of Ordinance
#77 -23 -0. Seconded by Mr. Estes. Mr. Estes feels this might be an
expensive development but that it is not the problem of the assembly.
Dr. Emmick stated that because an area is zoned R -3 does not mean
that only multi - family dwellings roust be built there. The present
comprehensive plan calls for R -2 with only about four months before
the new comprehensive plan is in effect. Motion failed with Mr.
Jack, Mr. Peotter and Mrs. Wallin casting NO votes.
F. Ordinance #77 -24 -0 Amending Title 15. Dr. Emmick read Ordinance
#77 -24 -0. Meeting closed; public hearing opened.
Hr. Milligan stated this is basically a house keeping ordinance and
that several changes should be made in it as presented: In Section 3,
"Section 1L.2..L12" ^`- '! _ , _ -' "T__1a 15" substituted and
"15.28.010" should be inserted between Sub - section and Title in line
2; the last paragraph A. references the national standard as required
by HUD: paragraph B stated that mobile homes constructed between
September 1971 and June 15, 1976 must conform to the requirement of
AS Title 45, Sub - section 45.30.
Mr. Estes moved that paragraph 3.read as follows: Mobile Homes
constructed between September 1371 and June 15, 1976, if altered or
relocated within the borough, must be brought up to the standards set
forward as AS Title 45, Sub - section 45.30. Seconded by Dr. Emmick.
Motion carried by unanimous roll call vote. Hrs. Wallin moved to
reword paragraph C, last line to read: forth in Title 15.28.010 (9).
Seconded by MF. Estes. Amended motion carried by unanimous roll call
vote.
1 1 '1 -, 2 m1S2
KIB ASSEMBLY MEETIING - SEPTEMBER 1, 1977
Mr. Peotter called a short recess as 9:15 P.M.
VII OLD BUSINESS
PAGE 5
A. Letters & Presentation by Dale Tubbs Re: KI3 Land Selections.
Mr. Estes read the corrrespondence . Mr. Tubbs distributed copies of
the land selections package.
Dale Tubbs stated that this package represents enough acreage
selection to fulfill the borough's entitlement based on the 319,300
acre base. The strategy used is as follows: lst- selected areas in
the near vicinity of Kodiak which is given first priority 2nd -moved
to areas more distant from Kodiak; 3rd -out to Shuyiak Island and the
Trinity Islands. The selections are areas in litigation, approxim_tcl
14,000 acres selected by villages presently under protest; approxi-
mately 7,400 acres that have been selected by eligible villages, Old
Harbor, Port Lions and Ouzinkie. The selections arranged in a
priority for adjudication by the State. The KIS would reserve the
right to reprioritize the sequence. Over selection has purposely
been made. The State's interpretation of what is vacant, unappro-
priated and reserved may have to be challenged. The Division of
Lands may say that some lands, such as timber lands, are not available
because of classification. The type of land selected is level or
near level so that it could be built on; then lands that slope no
higher than 500 feet elevation; and on shore lands that service off
shore activities regardless of elevation, also those that have a
timber potential. The borough must stand the cost for the survey cf
the exterior boundary for all of the selections. The State Tivisiar.
of Lands stipulates that the land must be in compact units. l The ta`1:
in the packet summarizes the selections made by Hr. Tubbs. The
borough can only select lands that have been tentatively aner t
the State. Mr. Denslow explained that what was presented by "
Tubbs was in response to Item A, Items B, C, D, E will follo
Wallin asked if a status map could be made to indicate the Ilni
selections so that it could be used by individuals for stui.
Tubbs stated that anything smaller than 2 by 2 feet would r -
readable. Mr. Denslow explained that the borough was adv! :
State that their eligibility was based on approximately 4 5 - -
Mr. Tubbs research indicates that there is approximately E_ _ s.
Dr. Emmick moved to proceed as recommended by our consultant
Item A. Seconded by Mr. Estes. Motion carried by unanincu;
call vote. Ur. Emmick movea to proceed with Items 3, C, 7.
res.onded by our consultant to our manaeer's question rear
matters. econ.e. .y r.r. stes. notion carne y unanimc_.
call vote. Mr. Denslow stated that these costs will be char- .
against the legal funds account as these are quasi legal ^,act_:
B. 1st Reading Ordinance #77-32-0 Amending Ordinance A77 -1, -'
Account 147 - School Support. Mr. Jack read Ordinance # - title only. Mr. Peotter explained that this ordinance deal.-; _
both revenue and expenditures amending the original budget
way affects the mill rate as previously set. This is a char,:._
accounts and puts into effect the central treasury which was -, •
some time ago. A working capital fund will be established
amount of approximately $400,000. The education reserve fur.i
longer needed. The appropriation has been increased from 5435
$476,655 also contributions to library, $15,000, Community T
$25,000 and School building insurance, $50,000. Dr. Emmick --
adoption of Ordinance #77 -32 -0. Seconded by Mr. Estes. Moti. :_r
carried by unanimous roll call vote. Mr. Anttonen commented
felt the working session between the school board and the ass- _
been a good one. He explained that the maintenance custodial _
is custodial service for the borough building and goes as a ;7,r
the school's rent. It was pointed out that adjustments will
submitted to the assembly in December.
On behalf of the assembly, Mr. Peotter welcomed Mr. Anttonen
school district and looks forward to a productive relationsh. -
Mr. Peotter stated that the meeting would adjourn at 11 P.M.
reconvene at 9 A.M. September 2, 1077. -
0, 7' 2 1 5 2
KIB ASSEMBLY MEETING - SEPTEMBER 1, 1977
PAGE 5
C. Health Resources Council Nominees. Mr. Estes read the corres-
pondence. Mrs. Wallin, fayor Pro Tem, makde the following appoint-
ments: Providers are Susan Dodge, Betty Ford, Dr. William Gorman,
CWO Otto F. Havens, Donna L. Morgan and Sister Josephine Patti,
Consumers are Lorna Arndt Marian Fitzgerald, aalter Johnson, Natalie
Simeonoff, Arlene Bovee and Jo Hajdu. Dr. Emmick moved to ratify th:.
nominations of the mayor pro ten. Seconded by Mr. Estes. Dr. Emmick
commented that throughout the nation that physicians as a whole are
not becoming involved in these councils. Motion carried by unanimous
roll call vote. The clerk will notify all members of their appointments
and the manager will set up an organizational meeting.
D. Borough Funding of Community College S Library. Has covered
under Item B, Ordinance 077 -32 -0, and no action is necessary.
VIII NEW BUSINESS
A. Ordinance #77 -25 -0 Lots 6 6 7, Block 1, Southeast Addition rezoned
1st
and
Ordinance # 25-0 t only. r �Dr. t Emmick rmoved d for e adoption of
Ordinance #77 -25 -0. Seconded by Mr. Estes. Motion carried by un-
animous roll call vote.
B. Ordinance #77 -26 -0 Rezoning 3,560 Acres from Conservation to
Watershed, 1st Reading. Mrs. Wallin read the correspondence and
Ordinance #77 -26 -0. Mrs. Wallin moved for adoption of Ordinance
#77 -26 -0. Seconded by Dr. Emmick. Motion carried by unanimous roll
call vote.
C. Ordinance #77 -27 -0 Rezo ning Lots 35 through 53, Block 12, and
Lots 16, 17, 18, 19, 20, 22, 23, & 26 Block 13, Aleutian Homes Sub-
division to R -3, 1st Reading. Mr. Jack read correspondence and
Ordinance #77 -27 -0 by title only. Mr. Estes moved to adopt Ordinanc_
#77 -27 -0. Seconded by Dr. Emmick. Motion carried by unanimous ro'l'l
call vote.
D. Ordinance # -28 -0 Rezoning Lots 7 6 8 Block 4, Russell Estat:
Subdivision to R -2, 1st Reading (should be Raranoff Heights). Mr.
Estes read correspondence and the Ordinance , '77 -28 -0 by title only.
Mr. Estes moved for adoption of Ordinance # -23 -0. Seconded by rtr.
Jack. August Heitman, Lot 7, Block 4, Baranoff :eizhts, requests
the properties be downgraded from R -3 to R -2. Dennis Huey, Lot 8,
Block 4, Baranoff Heights is in favor of the downgrading. Motion
carried by unanimous roll call vote. The Planner was asked to
research older maps to determine if an error had been made in the
preparation of the present zoning map. Asked the clerk to see that
maps accompany all rezonings.
E. Ordinance #77 -29 -0 Rezoning Lots 27 A 6 B, USS 3098 to Business,
1st Reading. Mr. Peotter read correspondence and Ordinance #77 -29_0
by title only. Dr. Emmick moved for adoption of Ordinance #77 -29 -0.
Seconded by Mr. 1.s�es. Motion carried by a unanimous roll call vote.
F. Ordinance #77 -30 -0 Rezoning Lot 10, Kodiak Townsite Subdivision
to Business, 1st Reading. Mr. Jack read correspondence and Ordinance
# -30 -0 by title only. Mr. Estes moved for adoption of Ordinance
#77 -30 -0. Seconded by Dr. Emmick. Hr. Estes stated he had a letter
from the zoning administrator to Mr. Bean, owner of the lot, requestir.:
he present a development plan for his lot. Mr. Estes did not feel
is necessary for onelot, rather for a subdivision or a group of town-
houses. Mr. Peotter explained that inasmuch as this is a rezoning
from residential to business, there was some concern as to the type o;
business that might be located in the area. Motion carried by un-
animous roll call vote.
G. Ordinance #77 -31 -0 Repealing Chapter 12 to Title 2 of Boroggh
Code & Reenacting Chapter 12 to Incorporate A New Set of Personnel
Regulations & Policy, 1st Reading. Dr. Emmick read Ordinance
# -31 -0. Dr. Emmick moved for adoption of'Ordinance #77 -31 -0.
Seconded by Mr. Estes. Mr. Estes asked that extra copies of this
1 1 1 1? 1 3 2
KIB ASSEMBLY MEETING - SEPTEMBER 1, 1977 PAGE 7
ordinance be available at the clerk's office and at the next meeting.
Mr. Peotter asked that the acturial studies be included in the
request. Motion carried by unanimous roll call vote :.
Mr. Denslow acknowledged the presence of th_ Chairman of the Porsonnil
Policy Committee, Mr. Parker, and Mrs. Arndt committee member. Mr.
Peotter commended them and the other members for their work on this
project.
Mr. Peotter recessed the meeting until 9:00 A.M. September 2, 1977.
Meeting reconvened at 9:05 A.M. Septcmbcr 2, 1977. Mr. Jack was not
in attendance (excused).
The following items were added to the agenda under VIII:
T. 1st Reading Ordinance 277 -33 -0 Rezoning the Lands within the
Corporate Limits of the City of Port Lions
U. Ratification of Election Judges
V. Certification of Population for State Revenue Sharing
W. Resolution #77 -44R to Select State of Alaska Tentatively
Approved and Patented Lands as Provided in AS 29.18.190 -.200
H. Resolution #77 -43 -R Preliminary Approval of a Restricted Subdivi-
sion (Residential) Edward Opheim. Dr. Emmick read P 6 Z Resolution
S -77 -1 and Resolution 1177 -43 -R. Dr. Emmick moved for acceptance of
Resolution #77 -43 -R. Seconded b Mr. Estes. Mr. Milligan gave his
report. There is no access to this property from other points on
the island. Trails might be improved to the extent of a jeep road.
This land is to be developed as residential recreational type property.
It is recommended that the roads be 40 feet in width rather than the
usual 60 feet. Dr. Emmick voiced concern that in perhaps 20 years
there would be a need for 60 foot casements and that they should be
provided for now even though they are not to be used as such at this
time. With reference to Item 1, these are casements to people on
privately owned property within this subdivision. Dr. Emmick moved
to amend the motion for acceptance to include Item 4 as follows:
Road and Street easements be increased from 40 feat to 60 feet.
Seconded by Mr. Estes. Motion carried by unanimous roll call vote:.
Mr. Milligan stated that the borough would not be a policing arznt
for this area that it would be up to the people within the subdivision.
Mr. Estes felt this would be restricting acc ss to and from the
property. Mr. Denslow stated it would be good practice to maximize
access to the property. Item 5 should be included in Resolution
#77 -43 -R as follows: Access will be available to adjacent properties
at the point of which development is proposed. The adjoining: owners
should bye "contacted to see if they have any objection. Mr. Denslow
stated there are a number of troublesome issues, these matters should
be clarified before it goes to the final plat stage. The Ouzinkie
Native Corporation and the village should be contacted. Dr. Emmick
moved to table until it has a chance to •o back through Planninc to
reso ve some o t e questions at an•. econ•e• by tr. Estes.
Motion carried by unanimous roll call vote.
I. Resolution #77 -42 -R Vacation & Replat of Utility Easements within
Portions of Block 10, Erskine Subdivision 6 Block 3 Aleutian homes
Subdivision (U.S. General Services Administration). Mrs. Wallin read
Resolution #77 -42 -R. Mr. Estes moved for acceptance of Resolution
#77 - u7 - Cprnndpd by Mrs Wallin. Motion carried by unanimous roll
ra11 vnta
J. Resolution #77 -41 -R Vacation 6 Replat of Utility Easements of
Lots 39 6 40 USS 562 (Sunset Development Co.). Mr. Estes read
Resolution #77 -41 -R. Dr. Emmick moved for acceptance of Resolution
#77 -41 -R. Seconded by nrs. adisin. mr. uenaluw ctaLt.d LLaI. il. • +vuld
be well to advise the City that it would be prudent to discontinuc
the encouragement of negotiated easements. Mr. Denslow went on
record as opposing the chairman of P 6 Z's opinion on that matter.
Motion carried by unanimous roll call vote.
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KIB ASSEMBLY MEETING - SEPTEMBER 1, 1977 PAGE 8
K. Resolution #77 -40 -R Providing for the Assessment, Levy S Col-
lection of Taxes in KIB 6 for Equalization Hearings after iotice
that Assessment Roll has been Completed. Nir. Peott,:r read Resolution
#77 -40 -R. Dr. Emmick moved for adoption of Resolution 477 -40 -R.
Seconded by Mrs. Wallin. Motion carried by unanimous roll call vote.
L. Resolution 077 -39 -R Setting Tax Due Dates E Delinquent Taxes
Due in 1977. Dr. Emmick read Resolution 477 -39 -R. Dr. Emmick moved
for adoption of Resolution #77 -39 -R. Seconded by Mrs. Wallin. Motion
carried by unanimous roll call vote.
M. Bid Award for Bells Flats- Russian Creek Road Service Contract.
Mrs. Wallin read the correspondence. Mr. Denslow stated that there
had been some concern by the residents of the Sells Flats- Russian
Creek area as to the quality of the work done during the first year
of contract experience. The residents formed a 5- member committee
to review bid documents, make recommendations to the borough and
follow up on the award of the contract with an identification of
projects to be undertaken and the prioritizing of this work. They have
recommended awarding the contract to Alagnak. The actual work will
be done as a result of work orders in writing from the borough based
upon recommendations from the committee. This year's contract will
require a daily report from the contractor. One way to guarantee the
level of funding available for the work necessary to be done would be
borough prefunding of the district. Subsequently, an adjustment
would have to be made on their tax rate to cover any differential
between revenue and budget. Dr. Emmick suggested that this area be
explored with the residents to see if they would be agreeable to this.
Dr. Emmick moved for acceptance of the bid. Seconded b Mr. Est._s.
otion carries by unanimous rol call vote.
N. Tax Adjustments -Group Assessed in Wrong District. Dr. Emmick
moved for acceptance as presented. Seconded by Mrs. Wallin. [lotion
carried by unanimous roll call vote.
0. Tax Adjustment - Marmot Cape Columbia Wards. firs. Wallin moved for
acceptance. Seconded by Mr. Estes. Motion carried by unanimous roll
call vote.
P. Tax Adjustment - Rolland A. E Hazel M. Jones. Mr. Estes moved for
acceptance. Seconded by Mrs. Uallin. Motion carried by unanimous
roll call. vote.
Q. Tax Adjustment -Dez Gunderson /Gerry D. Mr. Estes moved for accent -
ance as .resented. Seconded b Mrs. Wallin. Motion carried b
unanimous.ro call vote.
R. Position Paper for Kodiak Women's Resource Center- Availability of
Abortions S Sterilizations at the Kodiak Island Hospital. Dr. Emmick
suggested that, because of the length of the paper and the controver-
sial nature of the subject, that it not be read but refer any inter-
ested parties to the Alaska Legal Services as well as refer the memo
to the borough attorney. Mr. Peotter asked Mrs. Wallin to read the
conclusion of the position paper, after reading the title of the
paper. Needing no action, this was referred to the borough attorney
for opinion and to the hospital board.
S. School District Revenue Report -June 30, 1977. Mrs. Wallin moved
for acceptance of the school district revenue report of June 30, 1977,
Seconded by Dr. Emmick. Motion carried by unanimous roll call vote.
T. 1st Reading Ordinance #77 -33 -0 Rezoning the Lands within the
Corporate Limits of the City of Port Lions. Dr Emmick read the
correspondence and Ordinance #77 -33 -0 by title only. Dr. Emmick
moved for adoption of Ordinance #77 -33 -0. Seconded by Mr. Estes.
Dr. Emmick stated that the people of Port Lions are reviewing the
ordinance and that any minor changes should be forthcoming for the
second reading. Mr. Denslow pointed out that they are using the
zoning classifications that are in the borough zoning ordinance.
2 Z fl 3 c
KIB ASSEMBLY MEETING - SEPTEXSER 1, 1977
PAGE 3
They are
only
land use. that
by t roll
call vote.
U. Ratification of Election Judges. Mr. Peotter read the memo
from the Clerk /Treasurer. Mrs. i]Alliz moved for acceptance.
Seconded by Dr. Emmick. The Uganik
ere were t to antcthct xps woofed because
Mr. Estes noted that the namedesi t
designated as chairman o for Precinct
No. 3 would not be present at the time of t:Ic election. Uganik
will be informed by mail of this change. They will vote absentee
in the Port Lions Precinct. Mr. Peottar seated that People living
on the federal raservationccannot vote in a borough election.
Motion carried by unanimous roll call vot =.
V. Certification of Borough Population at 7,901 for State Revenue
Sharing. Mr. Denslow explained this is an annual process for the
purpose of certifying the numerical presentations within the
report itself. Mrs. Wallin moved for acceptance. Seconded by Mr.
Estes. Motion carried by unanimous roll call vote.
W. Resolution ;177 -44 -R to Select State of Alaska Tentatively
Approved and Patented Lands as Provided in AS 29.18.190 -.200.
Mr. Denslow read Resolution 877 -44 -P, Dr. Emmick moved to amend
Item V11 A, letter and presentation by Dale Tubbs, to read "KIB
Land Selection to include Resolution t177_44-.R. Seconded by Ur.
Estes. Motion carried by unanimous roll call vote.
IX MANGER'S REPORT
1. Earlier, relative to land selections, Mr. Denslow was author-
ized to confer with the Natives of Ouzinkie and Senators Gravel
and Stevens on the matter of the Monashka watershed and related
land questions. He has conferred with Mr. Anderson, representa-
tive of Ouzinkie, and will begin drafting a Proposal. Will need
authorization for travel to Washington, D. C. sometime in September
to present this to the Assistant Secretary of Interior and perhaps
an Assistant Secretary of Agriculture. Mrs. Wallin moved to
authorize the borough manager for a trip to r iashinRton, D. C. for
t purpose o negotiating the land selections issue. Seconded
Mr. Estes. Motion carried by unanimous roll call vote.
for to the trip to Washington, Mr. Denslow will review the draft
proposal with the borough attorney as well as the assembly. Mrs.
Wallin requested that the assembly be kept informed of the progress
of the negotiations in Washington.
2. The borough has received the draft agreement from HEW on the
matter of the industrial water supply in Old Harbor. This will
be presented at the next meeting. Mr. Milligan will negotiate
in Anchorage with one of the public health representatives to
try to get some additional funding. Approximately 3,000 feet of
pipe will be required.
3. The borough building painting has begun. Two coats of paint
will be put on the two sides which have been experiencing the
greatest amount of water leakage and damage, also the contractor
is using Tex -Kote at a lower cost for the purpose of showing
how effective the paint is.
4. Has conferred with int_rior designers regarding the problems
of the borough assembly roam.
5 . Will meet with the archit_ct for the two village high schools
regarding the contracts as WL11 as general conditions and speci-
fications for the two contracts. The borough is working on
getting title to the land t;h schools will be built on. The
borough must have title and in turn the State must have title
prior to construction. _ ^r. E::nick stated he feels the schools
1 1 1 1 2 i n 5?
KIB ASSEMBLY MEETING - SEPTEMBER 1, 1977 PAGE 12
are over - designed. Mr. Denslow stated ho would reserve conclusion
until the design has been reviewed.
6. It was suggested a month ago of the possibility of a morator-
ium on zoning change problems in the community while shifting
from an old zoning ordinance to a now one. The City., by resolu-
tion, has concurred in this suggestion. ropefully this will be
effective in October.
X ASSEMBLY COMMENTS
Mr. Estes - after reviewing the total funding for the school from
state, fedoral and local monies, does not feel that any items
should be dropped from the school schedule, if such is planned.
Mr. Peotter stated there will b2 a reevaluation to determine
what changes, if any, will be made.
Dr. Emmick - stated that the assembly had, at their last meeting,
turned down a resolution on street and sidewalk powers and feels
this should be taken under further consideration since the
borough does not have any provisions or ordinances covering this.
The fact that the borough might assume these. powers does not moan
that they would be excercised now. Suggests this be considered
at a work session. Mr. Pcotter suggested this be delayed until
after the moratorium. Mrs. Yellin pointed out that in the event
this does go to the city and they say yes, the borough could
inherit all their road powers and the costs and responsibilies
that go with then, Mr. Denslow stated that the availability of
road powers is merely the threshold. These powers would be
comparable to the recreational powers authorized by the borough
voters recently. There are substantial rov_nue sharing funds
which would be available if the borough should assume these
powers. Dr. Emmick explained that this would be by referendum
and the voters would make the decision. Ur. Peotter called a
five - minute recess. Dr. Emmick moved to accept P E Z Resolu-
tion Z -3 -77 recommending assumption of non -area wide street
and sidewalk powers witnin tie Kid as Assembly Resolution
# /7 -4b -K. Seconded by !ors. 'iallin !lotion carried by unanimous
ro ca vote.
Mrs. Wallin -(1) had received a copy of litter from Mr. Eric Ekvall
informing the borough that the governor is sending a member of
his staff for a public education workshop on behalf of the Alaska
Coastal Program on October 27 1977 at the Elks Hall beginning
at 4 and 5 P.M.. (2) ilrs. ']allin has moved to Woody Island;
can he contacted at work at 436 -4147 or at home at CB KOT 4708.
She will be asking for input on the Alaska Coastal Management
Program. (3) Understood that a recommendation had come from
P E Z regarding 10 parking units being put in. Asked if the
City does not have their own planner. Hr. Milligan stated that
the recommendation was not for the parking units but to waive
off street parking for guest rooms at a ratio of 1 to 6 rather
than 1 to 3 which is consistent with other places in Alaska
and other parts of the U. S. (4) :fad received a call from
Mrs. King stating that KEA had agreed to give them clear title
to their land but that it will take about one year. Mr.
Milligan stated they could build a business structure with
living units above if they desired. (3) Stated that the
Zharoffs have been trying to bui1: apartments but have run
into the problem of public easements behind KEA. Mr. Milligan
stated that if Zharoffs are trying to eliminate an existing
street, they have to go through a vacation and replat. They
have been made to feel like outsiders with all the problems
and technicalities they have encounturei.
Mr. Peottor - announced that the closing .:ate for filing for the
assembly, school board and mayor is 3 t-mber 6, 1977. That is
also the closing date for voter r= gistration.
n S 2 7
KIB ASSEMBLY MEETING - SEPTEMBER 1. 1977
XI AUDIENCE COMMENTS PAGE 11
Bill G1 nn
what must b andod a sked p that they be spocifioa11y told
being cons beudod rcc_iv- acceptance of the
for subdivision approval on Mr. road that is
Nr. Escheta' stated that part of the road has alr:_dadyny bee property.
approved and that the borough code has b_ . to. M
Estes stated that the borough retains then adhered fo !q
engineer only on the final inspection. Peo ns of
if necessary could b ttar
the y a variance for width could o granted. stated that
but that o
the that the engineer has made a qualitative t1 f ementow
borough could call upon Mr. Jonestotakusamples
of the road bed so that they will know exactly what has to be
done to bring this road up to standard. Mr. Milligan will
contact Mr. Jones to take care of this before tha next meeting.
He explained that the ordinance has been on the books for
a long time but has only been in :affect since Februar
XII ADJOURNMENT Yo 1977
Meeting was adjourned at 11. A.M.
ATTEST:
orough l rk