1979-03-12 Regular Meeting1 1 ? n 7
KODIAK ISLAND 30ROUGH SPECIAL HEETI:SG -- 'ARCH 12, 1979
(A Verbatim Record is ai File in the Clerk's Office)
I CALL TO ORDER
The meeting was called to order by 'eputy ,'.Zyor Arnold !! nsen
at 5:35 P.M. in the School District Conference ?oom.
II ROLL CALL
Present
Hz'. ?Ji lliam Fears
Mr. Arnold Hansen
Mr. Edward Jack
Mr. Jan Ogg
Mr. James Peotter
A quorum was established.
III ITEMS OF BUSINESS
bsent
Dr. -i-ichael Emmick (excused)
''rs. Sandra Kavanaugh (excused)
Mrs. Betty J. rallin (excused)
1. Royal Large Issue. Mr. Peotter read correspondence dated
?:arch 6, 1979. Mr. Jack moved for an executive session.
Seconded by Hz'. , Fearn. Motion carried_ by majority vote ;r.
Fearn, Mr. Jack and Hr. Peotter voted YES with '.tr. Hansen and
Mr. Ogg casting NO votes. Mr. Ogg moved for reconsideration.
Mr. Hansen seconded___;jr, Hansen, Mr, Jack, Hr. O7g and Mr.
Fsotter voted YES with Mr. Learn_oaatiag .at iLQ.CQtes. Motion
carried 4 -1. Main motion (whether qr n4tLto have an executive .
session) carried 4- 11.2r_ Fearn, Mr. Hansen.__Mr. Jack And Mr.
Ogg voted YES with !'r_ Peotter casting_o e '40 vote.
An executive session was called at .5:45 P.M. Meeting reconvened
at 6:30 P.H.
The clerk explained that Hr. Sharon had talked with Mr. Hancock,
attorney for Mr. Large, on the offer. If the offer is not
accepted, the borough would normally have to post bond by
March 16th but Ur. Hancock had waived that date and would give
time until April 6th for posting bond. There are three alter-
natives: 1) reject the offer as it stands, 2) accept as it
stands, and 3) reject and renegotiate the purchase price.
Mr. Peotter felt that the borough has a possible ground for
appeal. Proposed borough grant sale at this time but continue
negotiations and proceed with appeal. Mr. O7g felt the
borough would not get another offer if this was not accepted.
Main motion as deferred from March.Bth meeting, failed 3-2;
Mr. Hansen, Mr. Jack_and_rr. _Oag voted YES with_ Mr., Fears and
Mr. Peotter casting; votes. Mr. Peotter moved to direct
tfg attothgy to_appeal and continue negotiations .with Mr.
Large. Seconded by Mr. Fearn. :rr. Jack pointed out that if
the borough does not appeal, the ]and will automatically revert
to Mr. Large. He preferred to sell at $35,000 but not at
$10,550. Motion failed 3_2 Mr, Fears, 'r. Jack and_ Mr_Peotter
voted XIS with Hr. Hansen and Fr. 0f casting - (0 votes. fir.
Peotter moved that another special meeting be held to c insider
appeal when more members are present _prior to.Anril__6th.
Secondsd byj!r. "gun. Motion failed_3 - Mr.. Fears, Mr,_Jaggs
and Hr. Peotter v_pted.. U.S. with _Hz' ,_-N_an$S,D_ and "! ,_Ogg_ cassl ng
NO votes. Mr. Jack moved to continue negotiations_ while we
considerSe,pgseibjlLty_ of appeal andhold &Special meeting
prior to April 6th m M _Se•,..gaded bX Mr, Peotter.
Mr. Ogg moved to amend to deleete_'appeal1 from the motion.
$gpgaded bvb� Mr_Fee . _4mendMent crjd_ ; ? Fpare,_ Mr.
Hansen. Mr. Jack and Mr. Ogg votes /ZS with Mr. Peotter' casting
one NO vote. It was pointed out that the appraised value of
this land is A5,000 and the offer is S35,000. :fain motion
failed 3 -2; Mr. Fears, Mr. Jack and Mr. Peotter voted YES with
Mr. Hansen end Hr. Ogg casting 40 votes__ 'r5.. Peotter moved to
reconsider the nff of $35,000. Seconded. Jack,_..Hotion
carried 4 -11 Mr. Fearn. 'dr. Hensel - 1S Jack and Nr Opg__voted
J'1 ? 1 1 7 2 ..
KIB ASSEMBLY SPECIAL MEETPIG -MARCH 12, 1979 PAGE 2
YES with Mr. Peotter casting ate_!O vote. Mr. Peotter moved
to amend the consideration of 535,000 with the stipulation
that a d ' m ha deg led unt March . 33111._ Sesgndt.d _ by :Ir.
Fearn. i.otdon fai.l_ed 3 -2 L Mr. Fearn_r. Jack_._and Mr. _Peotter
cast YES yates with Mr. '?ansen and '!r. Ogg voting t'r.
Jack moved to defgg entirely acceptance for two weeks.
Seconded by 11r. Peotter. 'lotion failed 3 -21 ?!r. Fearn, Mr.
Jack and Mr. Peotter voted YES with 'Ir. Hansen_and Mr. _0pg
casting HO votes. Reconsideration failed 3-2: Yr._Hansen
Mr. Ogg and iir. Peotter _voted YES with Mr. Fearn and Ir.
Jack casting .!0 votes. Mr. Jack moved for reconsideration and
enter m the minutes. Seconded byjir, Fears.
At 7:30 P.M. Mr. Peotter was excused to attend another meeting.
2. Tony Perez Issue. 'ir. Jack gave a back ground m the issue.
He explained that some action must be taken prior to a given
date (approximately March 19th) or litigatim would go into
affect. Mr. Perez agreed to erect an eight -foot fence across
the front of his property and have it painted by July 1, 1979.
Mr_ Jack moved that _provided Mr. Perez can show plans and give
assurance a Pet a time_frame_that._the bgrohgh drop litigation
against Mr. Perez. Seconded by_Mr. Ogg. Mr. Perez displayed
a sketch of the proposed fence. Motion carried by unanimous
roll call vote.
IV ADJOURNMENT
3 :.TTEST:
The meeting was adjourned by Deputy Mayor Hansen at 7:40 P.M.
Clerk - Treasurer
i
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