1975-04-17 Regular MeetingKODIAK A;LA1ID%OR 3H ASSLM&f.Y MEETING
APRIL 17, 1975
Prior to the Call to Order, the newly appointed City representatives, Mr. Murl
Estes and Mr. Norman Sutliff were sworn in by the Borough Clerk.
CALL TO ORDER
The meeting was called to order by Deputy Presiding Officer Dr. Michael
Cathey at 7:45 P.M. in the Borough Meeting Room, Borough Building,
Kodiak, Alaska.
II ROLL. CALL
Present
Dr. Michael Cathey, Deputy Presiding
Officer
Mr. Norman Sutliff
Mr. Murl Estes
Mr. Wilton T. White
Absent
Sven Haakanson, Presiding
Officer (excused)
Nicholas Pestrikoff (excused)
Alex Panamaroff, Jr. (unexeusx
Mr. C. C. Ross Wood, Mayor
Also present: Mr. Warren Colver, Borough Attorney; Mr. Will Gariss,
Borough Planner,and approximately 25 people in the audience.
III MINUTES OF PREVIOUS MEETING
A. Assembly - Regular Meeting - April 3. 1975. Mr. White moved that the
minutes as submitted for the meeting of April 3, 1975, regular meeting
of the Borough assemblLbe approved, seconded by Mr. Estes.
Question called, motion passed by unanimous roll call vote.
IV MINUTES OF OTHER MEETINGS - NONE
V COMMUNICATIONS AND APPEARANCE REQUESTS
A. Letter from PAE, Ronald Jones, A.I.A. Status of Extended Care
Unit Plans (Information)
8. Letter from Arne Moe, A.I.A.
for Schools (Information)
C. Letter from T8K Enterprises,
Studies (Information)
expressing interest in Capital Projects
Advising Availability of Services for
D. Memo from Planner re: Major Problems of Fuel Delivery ... Storage
fnr VIIUne Schools (Information)
E. Letter from University of Alaska re: Funding for Publication of the
Kodiak Atlas (Information - no action taken)
Letter from Kenai Borough with Resolution in Opposition of HB 293
(no action taken)_ --
G. Letter from State Clearing house re: Port Lions Comprehensive Plan
with reply from Borough Planner (Information)
F.
VI PUBLIC HEARING
A. Reapportionment of Borough Assembly - Proposed apportionment Plan
submitted by Dan Ogg. Mr. Ogg was in the audience and explained his
plan to the members of the assembly, noting that the island would be
divided into six districts, that the Assembly would be an eight member
body plus one mayor elected in proportion to the population. Mr. Ogg
further explained that he had used the 1974 Census and that each
member would represent approximately 800 people. The districts in the
KIBIASSEMBIYIM 11.1' P.7rc1 ' ;7.9 r? rage 2
City of Kodiak would follow the election districts already established,
with District #1 having two members; the other districts in the City would
have one member each. Three Sisters District comprised of the Mission
Road Precinct which includes residents in Monahska Bay and Bells Flats
and Anton Larsen Bay as well as the Chiniak Precinct would have two
representatives. The Southern District, comprised of Akhiok, Karluk,
Larsen Bay and Old Harbor would rate one member and the Northern
District containing Ouzinkie, Port Lions and Uganik would also have one
member. If the Coast Guard Base were to be included in the Borough,
under this plan it would become a separate district and would be eligible
for one representative. When. questioned about the Northern District
with a population of only 450 at this time but still having one full repre-
sentative, Mr. Ogg stated that Mr. Greene, School Superintendent had by
memo advised the School Board that it is anticipated that an additional
250 families will be moving to Afognak Village. An average family has
four members so this would mean an additional 1,000 people there. Mr.
Ogg had originally proposed a tie - breaking vote by the Mayor, however
as this would be in conflict with the Alaska Statutes he indicated that
this would be withdrawn. Several questions were raised as to whether or
not dual positions should be made available to the people of the City, one
that would allow the assemblyman to sit both on the City Council and on
Borough Assembly. Mr. Ogg expressed disagreement with this concenpt
and felt that the people should be represented not the city government.
Individuals in favor of this concept pointed out that there is a close
relationship between the city and borough and that to keep this workable
dual seats would be suggested. In answer to the question regarding the
potential growth of the Northern District, Mr. Gariss answered that it
would be hard to estimate at this point. Two or three plans have been
submitted to the Borough and it was suggested that an additional public
hearing would be needed in order to gain the necessary input. The assembly
will make the decision for the plan that will be incorporated in an ordinance
and placed on the ballot. Mrs. Collins noted that several alternate plans
had been submitted by the League of Women Voters and requested that
these be made available at the next meeting.
No further comments, the public hearing was closed and the regular meeting
ng reconvened.
VII OLD BUSINESS
A. Passage of Ordinance No. 75 -2 -0 Establishing Procedure for Record
.Retention Program. The Deputy Presiding Officer noted that a public
hearing had been held on this ordinance and that a motion was in order
for adoption. Mr. Sutliff moved for passage of Ordinance No. 75 -2 -0,
seconded by Mr. Estes. Question was called and motion passed by
unanimous roll call vote.
B. Passage of Ordinance No. 75 -3 -0 Amending 197405 Budget. The Deputy
Presiding Officer noted that a pubic hearing had been held on this
Ordinance also on April 3, 1975. Further the item had been tabled at
that meeting and it would require a motion to remove for discussion.
Mr. White moved that Ordinance No. 75 -3 -0 be removed from the table,
seconded by Mr. Sutliff. Motion passed by unanimous roll call vote.
Mr. ',Vhite moved for adoption of Ordinance No. 75 -3 -0, seconded by
Mr. Sutliff. Question was asked about the capital projects under Health
and Sanitation and noted that the hospital has a requiremnt to replace
the existing doors for approved fire rated doors Mr. White noted
that the controversy on this particular ordinance stemed from the question
on the weighted vote and further on the fact that the pay raise had been
approved retro active to December 1, not July I. At the meeting in
January when the pay raise was passed, the Borough Mayor vetoed the
action and requested pay retroactive to July I. This raise of 5110 was the
, 'IBA SSEM,LY,,MEET'NG fi AtIL917,1975 Page 3
same as given to the City employees and was retroactive or effective on
December 1. This is further complicated by the fact that the checks were
issued prior to the passage of the ordinance. The question was called
and motion failed with the following roll call vote: Mr. Estes YES;
Mr. Sutliff YES; Mr. White NO; Dr. Cathey NO.
C. Resolution No. 75 -6 -R Establishing_ Payment due Borough from City of
Kodiak for Personal P..operty located within the City of Kodiak , memo
from Borough Assessor and City Finance Director. Mr. Craig Bishop
City Finance Director stated that the city was questioning the inclusion
of four boats on the supplemental list which were not Kodiak boats and
were in fact homeported at Seward. Although the boats did deliver some
fish to the canneries here they were not considered Kodiak boats. It
was noted further that the city needs to establish a policy for the 1975
tax year which will set forth the method used to determine whether or
not the boats are taxable in the City limits. The City is requesting a
deletion of four boats totaling $552, 670.00 valuation. Mr. White moved
that the request of the City of Kodiak to delete the four boats, the
Bountiful, Quingondy, Smaragd and Viking Queen from the 1974
supplemental tax roll, be approved, seconded by Mr. Sutliff. Question
called, motion passed by unanimous roll call vote.
Mr. White moved for the adoption of Resolution No. 75 -6 -R in the
amount of $205,963.87, seconded by Mr. Sutliff. Question called, motion
passed by unanimous roll call vote.
D. Review and approval of Highway Department Agreement re: Rip -rap
Material at Kalsin Bay and Gravel from Miller Point. The background
information was given noting that the agreement calls for the exchange
of material in the amount of 70,000 cubic yards of gravel for not more
than 100,000 tons of Rip -rap materials. Mr. Sutliff moved for approval
of the agreement, seconded by Mr. Estes. Motion passed by unanimous
roll call vote.
E. Resolution No. 75 -10 -R Approving_OED Progress Report for 1975.
Mr. White moved for adoption of Resolution No. 75 -10 -R approving the
OED Progress report for 1975, seconded by Mr Sutliff. Mr. Gariss was
present and gave a resume of the requirement for such updating. He further
pointed out the priorities as established by this report; Port Lions water
and sewer, Monashka Dam project, marinas and motel complexes in the
villages, Kodiak Industrial Park near the municipal airport; convention
center in phase with the State's plan for Abercrombie Park; tourist
center at Anton Larsen Bay, taking advantage of state's highway projects;.
multi - purpose center in Kodiak for tourist trade and development of
Near Island. Additional studies will need to be done in the future,
there is a need to assess the economical potentials, techanical assistance
funds are available for some of these, and further a study should be
done regarding the potentials of the area at Chiniak.
The question was railed and the motion passed by unanimous roll call vote.
F. Resolution No. 75 -II -R Establishing 1975 BOE Date, May 5th with May 6th
as an Alternate Date. Mr. Sutliff moved for adoption of dates of May 5th
with an alternate date of May 6th for the BOE, seconded by Mr. White.
Question was called and motion passed by unanimous roll call vote.
Cniutign No. 75 -12 -R Approving fial plat of Lot 11 D, Block 7, Bells
(Fearn) . Mr. White moved for adoption of Resolution
approved by the Planning L , r ,,; Estes. It was noted that this has been
The question was raised about
a road service distract and the attorney states ,,.,. ;rtv+ut the assumption
of the areawide road power the borough could not establish a service
district for road service. The question was called and motion passed
b unanimous roll call vote.
KI nSttNtttLYYA 471 F)' ?21'_+! 7,7975! Page 1 4
H. Resolution No. 75 -13 -R Approving Final Plat of Lots 6 and 7, Block 14, Miller
Point Alaska Subd., (Borough - Pugh). This was replatted to allow Mr.
Pugh to have a buildable lot due to land being taken for the highway project.
Mr. White moved for adoption of Resolution No. 75 -13-R, seconded by
Mr. Sutliff, motion passed by unanimous roll call vote.
I. Memo from Clerk Requesting Authorization for Write -off of Credits and
Debits. Noted that this is a housekeeping procedure and that credits in
the amount of $16.52 and debits in the amount of $90.39 are comprised
of amounts under $2.00 on each account. Mr. Sutliff moved to authorize
the write -offs, credits and debits, as presented, seconded by Mr. Estes.
Question called, motion passed by unanimous roll call vote.
J. List of Recommended names for appointment to Kodiak - Aleutian Mental
Health Center. The Deputy Presiding Officer read the list of names as
submitted by different organizations and interested individuals. It was
noted that the Mayor would usually appoint these members and that the
assembly approves, however since the Governing Board meets next week
and might have difficulty in obtaining a quorum it was suggested that
each assemblyman suggest a name. Further noted that KANA will not
have a meeting until the 18th of April and suggested that two members
be appointed tonight with the two remaining seats to be filled at a later
date -. Mr. Estes moved to accept Mrs. Gaynell Hatcher and Mrs.
Dorothea Bunting as members on the Governing Board, seconded by Mr.
White. Motion passed by unanimous roll call vote. (NOTE -these
appointments are for a three -year period)
K. Letter from Martha Taylor Re: Pr posed Sa -le of Land in Russian Creek
Subd., with maps of the area. The maps as requested by the Assembly
were available for review. Mr. White raised the question as to whether
or not there would be any objections to a subdivision of the land in
question to remove the claim against lot 24. Mr. Lindholm who is
presently renting the land under a fifty -five year lease stated that he
would be hesitant to enter into the sale of the subdivided land without
checking first with an attorney as the entire parcel had been leased to
him. A check was made of the map and suggested that this could be
surveyed to see whether or not improvements have been made on this
portion of Lot 24. No decision was made at this particular time.
A five minutes recess was declared at 9: 45 p.m. The meeting reconvened
at 9:50 p.m.
VIII NEW BUSINESS
A. Report front Planner re Lease Applications: Elks, Moore - Henley,
and Jim Wagner. Mr. Gariss noted that application for renewal of
the Elk's Lodge lease had been received and that the Mayor had re-
commended approval with a lease amount of $10.00 per year. This
would be for a period of five years, renewaable each year. Mr. Gariss
read through the development plan, one that will be conducted by
the Scout Troop. This lease would not prohibit the use of the area for
other community recreational programs.
Mr. Gariss also discussed the lease request from Island Hoppers,
requesting 20 year lease for tie -down area near the municipal
airport. Mr. Gariss requested that this be delayed for a short period
of time to allow an overall plat showing present and proposed uses
of the area. Further noted that another lease request will be forth-
coming for the placement of a sawmill in this area. The assembly
asked that Mr. Gariss keep in mind that the area has been used in
the past for flying activities and that it might not be compatible with
a sawmill. There is an additional lease request for another tie -down
AS EaBLV 12E_ 11- it 1 1 - 7 i41r5 Page 5
• area and as this request was dated August, 1974, it was noted that
Mr. Ausman will be contacted to see if he is still interested in this
area. The third request is for the purchase of some 19.53 acres
located at Iron Creek on Raspberry Island. Mr. Gariss noted that
this is in a unique area and while no present use has been established
he would recommend holding off on this until a land management
program has been established as requested by Mayor Wood.
Mr. White moved that the Kodiak Island Borough enter into a five -year
lease with the Elk's Lodge for the property identified as U. S. Survey
3465 in the Island Lake Area for utilization as a Boy Scouuttfacility far
a period of five years vrith an annua, renewal clause, seconded by
Mr. Sutliff. Motion passed by unanimous roll call vote.
Mr. White noted that there is some urgency on the Moore- Henley requests
as Kodiak - Western would like to move some of the private planes off their
property. It was requested that the planner proceed with this and come
back to the next borough meeting with a proposal. Mr. Gariss noted that
a survey of the area would help define the existing uses and would
alleviate any apprehension on his part.
B. Approval of HUD '701' Planning_ Grant Application - Continuation of Present
Planning Program as Established and Funded by HUD Planning Grant.
Mr. Gariss noted that this application establishes an overall planning
design for three years. Noting the areas of the program as follows:
(1) planning for planning; (2) information needed for planning , such
as population, work force, economics of the area, all to be included in
one base report; (3) comprehensive panning in accordance with the
Alaska Statutes and HUD requirements; (4) OED planning; (5) human
resources; (6) Environmental and natural resources; (7) management
and development; (8) how finance, (9) staff priorities and budget.
The first option would be $30,000 grant with 1/3 being paid by local
support with a second option, if the money is available, for additional
$30,000 to update the Part it of the Comprehensive Plan. This update would
require the services of an engineering firm. Mr. Gariss requested
permission from the Assembly to comp:ete the application and to apply
for both options. Mr. White moved for approval of the application for
HUD 701 Planning Grant to include both options as presented by Mr.
Gariss, seconded by Mr. Estes. Motion passed by unanimous roll call
vote.
C. Review and acceptance of Audit Proposals from Arthur Young & Company,
Peat, Marwick and Mitchell, Co., and rAain LaFrentz. It was noted that
Main LaFrentz has been the auditors fa. the borough for the past three
years and has done a commendable job. It has been the policy in the
past to change auditors about every three years. Mr. White moved for
acceptance of the proposal as submitted by Peat, Marwick and Mitchell
for the next three years for the Kodiak Island Borough and School
District, seconded by Mr. Sutliff. Motion passed by unanimous roll call
vote.
D. Ordinance No. 75 -9 -EO, Emergency Ordinance Amending Chapter 2,
Section 3 of the Borough Code of Ordinances read in full by the Deputy
Presiding Officer. This ordinance adds the position of the Deputy
'd' Officer to those authorized to sign checks and contracts
Presiding Officer -- - g
for the Borough. Mr. White moved for the adoption of Emergency
Ordinance No. 75 -9 -EO, seconded by Mr. Estes. Motion passed by
unanimous roll call vote.
E. Ordinance No. 75 -10 -EO Emergency Ordinance Adoption of the Appendix
to the 1973 Uniform Building Code, read in full by the Deputy Presiding
Officer. Mr. White moved for the adoption of Emergency Ordinance
No. 75- 10 -EO, sec :ndec by Mr. Sutliff. Mr. Estes stated that he was
XiS POSSg4StYp1E' 'fl - ffPFIIl yr i4
Page 6
hesitant to adopt any code as written, but would go along with the
adoption and establishment of a committee that would work to make
recommendations that would suit Kodiak. It was noted that the code
does provide for a Board of Appeals and that this would take care of
any changes necessary for the builders. The code is written to protect
the general public and not written for the contractors. The assembly
requested a list of the members of the Board of Appeals and a reactivitation
of this board. It was ruither suggested that the board should not be
overloaded with active contractors but perhaps someone from Mr. Jones'
and Mr. Ecklund's office and some retired builders. The Question was
called and motion passed by unanimous roll call vote. It was noted
that this will be returned in the form of a regular ordinance as
emergency ordinances are good for only ninety days.
IX MAYOR'S REPORT
A. Letter from M.r. Ross Wood indicating his intention to reconsider his
resignation and to advise the Assembly by May 15th as to his decision.
There was considerable discussion regarding the April 3rd meeting at
which time the resignation was withdrawn from the agenda without the
approval of the assembly. Further that at that time Mr. Haakanson
stated a letter was in the mail withdrawing the resignation. To date
the letter read into the record is the only one received. Mr. White
stated that the Borough Mayor has indicated he will be away from Kodiak
for at least another month, that this is one of the busiest times of the
operation of the Borough and that the staff is operating without a leader
and guidance at this time. The attorney read from the statutes the
reasons that a vacancy can be declared. Mr. Sutliff moved to accept
his (the Mayor's) resignation, seconded by Mr. Estes. The question was
caIIPrl aid the motion passed by unanimous roll call vote.
In reply to question as to the effective date, Mr. White stated that this
would be effective as of this date. The members of the assembly were
requested to be prepared to appoint a new Borough Mayor at the next
regular meeting, May 1st, 1975.
B. Reauest for Travel for Bicentennial Chairman to Attend Anchorage State
Meeting. A resume was given on the local committee and the request.
Mr Estes moved that the assembly authorize per diem and travel for this
meeting in Anchorage and that the funds be taken from the planning
account. The question was called and motion failed on the following
roll call vote: Mr. White NO; Mr. Sutliff YES; Mr. Estes YES;
Dr. Cathey YES.
C. Resolution No. 75 -15 -R authorizing the use of HUD Discretionary
funds for travel and public hearings in connection with the
Borough's application. Noted that this would be a reimbursement to
the general fund, further that the public hearings are a requirement
in order to qualify for the funds. Mr. Estes moved for the adoption of
Resolution No. 7 S -I5 -R, seconded by Mr. Sutliff. Mr. Gariss noted
that the trips will also be used for an inspection trip into the fuel
storage problems. Question called, the motion passed by unanimous
roll call vote.
X ASSEMBLY COMMENTS
A. Dr. Cathay noted that the assembly had a memo for information
regarding dog control and suggested that this might be something that
would be reconsidered at budget time.
B. Mr. White - Coastal Zone Management - noting that this was an area
of concern anc that a copy of the bill as passed should be obtained
for review.
RIBISS`bMdLYtEr lt 414PIt 77, 7975
Page 7
C. Mr. White noted that a letter had been prepared by the planning
department to the Department of Defense regarding the impact on the
community with the closure of the Chiniak Tracking Station and seeking
their assistance.
Mr. White moved that the letter prepared to The Honorable James R.
Schlesinger dated April 18 from the Kodiak Island Borough relative
to the impact of closure of the Chiniak Station be mailed, seconded by
Mr. Sutliff Mgtion passed by unanimous roll call vote.
D. Mr. White requested that the attorney provide information on what
positions of borough staff are retained by the Borough Assembly and
which ones are retained by the administration. He stated there seemed
to be a conflict between the statutes and the ordinances and asked that
this be clarified.
E. Mr. White stated that a problem exists with the fact that the Presiding
Officer is not always available and this absence does cause problems in the
running of the borough. All the members of the assembly were aware
of the meeting set for this date and it was only due to the seating of
two additional memebers that a quorum was available. It was suggested
that consideration be given to this matter and discussed at the next
meeting when all members will be present
XII ADUIENCE COMMENTS
A. Mr. Shorty Taylor asked if the borough has received a copy of HB 372
regarding the 3$ sales tax being forced on the boroughs. Noted that
the assessor has received a copy and comments are being prepared.
8. Mr. Lindholm asked that along with the appeals board for the UBC that
consideration be given to adoption of rules and regulations which would
ease up the requirements on the building inspector in implementing the
UBC.
C. Mr. Jim Fisk, noted that he was in the audience representing several
organizations and companies, regarding the removal of rock from the
property of Mr. Grothe. He gave a background sketch on the reason
for the necessity of removing rip -rap rock from this area and further
noting the plan of Mr. Grothe's to build a house in this area once the
land is leveled. If the company is not allowed to continue this removal
it will add considerable expense to the construction company to have
to go out to Anton Larsen Bay for this rock.
Dr. Cathey noted that there was a certain amount of inconsistency
in this, the assembly had been told some time ago that there was no
monetary value here, now it is found that there is a considerable
amount involved. Mr. Fisk explained that there is no money changing
hands, Mr. Grothe has allowed the rock to be taken to level his lot.
Several people in the area have come to an agreement with Mr. Grothe
and it has been settled that Mr. Grothe will level a small area of
the adjoining property at the same time and provide access to this
lot.
Mr. Schneider was in the audience and as a resident in the area noted
concern that this project would continue year after year and that the
land would never be returned to either its natural state or improved
and this was the prime concern of the residents. Another concern was
the operation of an industrial business in a residential zone. There
was considerable discussion back and forth as to what could be done
1 ^ 2 0 0 17 n.
IOB ASSEMBLY MEETING - APRIL). 7, 1975 Page it
about Insuring the completion of the proposed plan. IT was suggested
that a deadline be placed on the project, also that a bond be required
for the cleaning up of the area. Mr. Fisk stated that his company would
be there only a short time and that he could not speak for Mr. Grothe
in this matter. Other areas for rip -rap were noted by Mr. Schneider
one Pillar Creek, and the Highway Gravel area at Fort Abercrombie.
No conclusion was reached on this however it was suggested that a time
be established on the completion of the project, that a bond be required
and further suggested that Mr. Grothe should be contacted to see if a
solution could be worked out bat would be acceptable to all concerned.
XII ADJOURNMENT
The electricity went off and the meeting was adjourned at 12: 30 p.m.
ATTEST: APPROVED:
Norma L. Holt, Clerk
aot
jLL Z
Michael R. Cathey, Depdty Presiding Officer
