08/29-30/1968 SM, J I, !1 1
KODIAK ISLAND BOROUGH
SPECIAL ASSEMBLY 1'lEETING - August 29 -30, 1968
I GALL TO ORDER
The meeting was called to order at 7 :45 p.m. by.Presiding Officer Jo Hajdu in the
Courtroom of the Nets State Office Building, Kodiak, Alaska, on August 29, 19584
II ROLL CALL
III ITEMS OF BUSINESS
Approval of Phase I of Comprehensive Plan. mt. Chapman of Tryck, Nyman and
Hayes explained that the Plan was divided into two phases in order to gain
madsmuzn matching funds from ASHA. Phase I is more general, and Phase II will
go into detail on sewer, water, streets, airports, etc. Mr. Chapman requested
approval from the Assembly for printing Phase I. He listed the items to be
included, and explained that each section had been distributed to the Assembly,
Planning Committee, etc., for their review. It had been intended to include
the section on the villages in Phase II, but his office felt that it should be
included in Phase I. An addendum on this section will be printed later if
necessary. He explained sane minor charges which had been made in the land
use plan, and that this plan will not legally affect the present zoning plan.
Titre land use plan indir'ates the logical zoning for the community in 1999, and
should indicate the desires of the community for future zoning. The zoning
plan, which if adopted would be the legal zoning for the present, would protxeb?y
have to be updated every five years as it approaches the future land use plan.
Mr. Arndt stated that he was not convinced that the land use plan should be
approved as a guide for the future. Mr. Barr felt that it would be a great
safeguard for individuals, since it would allay people to build today with
sane assurance that they would not became trapped in an industrial area in the
future. He felt that if the community would study and approve a usable plan,
it would be very helpful. He also pointed out that if another drastic change
occurred in the community, such as the tidal wave or the•p� of oil,
the land use plan would have to be redone again. Mr. Ambit felt that the
elimination of business zoning in the Mill i3ay Road area was unwise, since it
would keep the little man from opening a business if he could not afford the
property downtown, and that only speculators would succeed. He also felt that
he was not yet ready to vote on Phase I, since he had not studied it sufficiently.
Mr. Barr agreed that he would like to study it further, since acre changes had
been made than he anticipated. He has studied the majority of the Plan, how-
ever. Mrs. Hajdu stated that the Plan is required in order to be eligible
for Federal funding, and that this was the main reason why the Borough and City
had appropriated funds for the Plan to be accomplished. She felt that the
Assembly had had ample time to review the Plan, and had an obligation to approve
it. She asked why cannery sites had been proposed on the side of Near Island
facing the City. Mr. Chapman explained that the far side of the island had
been reserved for the possible location of the Marine Institute there, and that
the problem of cannery waste disposal could be more easily solved by locating
the canneries as close together as possible.
Mr. Barr stated that the whole comunity should be involved in the formation
of the Plan. Mr. Chapman said tkat the Planning Committee had offered same
suggestions, but not as many as anticipated. Fir. Arndt suggested a joint
meeting with the Planning and Zoning Commission before approval is given to
Phase I. Mrs. Hajdu suggested setting a date in the very near future, since
time was of the essence. Hr. Barr felt that a discussion of the lard use plan
was in order, since this would have the most immediate effect on the public.
Mr. Barr moved, seconded by Mr. Arndt, that this item be tabled until after
oanpletion of the other three items of business. Motion carried by unanimous
voice vote.
B. Awarding of Contracts for Akhiok Village Sdool. A letter from the School
Board requesting Assembly approval of awarding of con to J. B. Inter- -
national Co. of Anchorage for an addition and remodeling of the Akhiok School
complex, and to Arndt Brothers of Horner for transportation of the prefeb
school from Kodiak to Akhiok, was read. Mrs. Hajdu asked if the School Board
had the authority to award contracts. Mr. Schott stated that the Board was
acting in the name of the Borough. He stated that the contracts were within
A.
Present Absent
Mrs. Jo Hajdu, Presiding Officer Don Bullock
Don Arndt Betty Springhill
i l
Jim Barr
Also present: Ray Goodman, City Manager; Ivor Schott, Supt. of Schools;
Jim Stansbury, Building Inspector; John Chapman of Tryck,
Nyman and Hayes, and one person in the audience
7
SPECIAL ASSEMBLY MEETING - August 29 -30, 1968 2
the amounts of the funds appropriated for these purpcses. A letter was read from the
Building Inspector to the architects, Crittenden, Cassette, Wirtun and Cannon,
outlining some questionable item:; and asking if the prefabricated classrooms
would meet the Borough Building Code, since no plans for it had been provided.
Mrs. Hajdu quoted foom the Statutes that the School Bard is responsible for
design criteria, subject to approval by the Assembly, but that the Assembly
is responsible for all major rehebiliteticn /and construction. She requested
that the Board be sent a copy of this section of the Statutes. She asked what
could now be done aeout the design deficiencies ein..ce the contracts had already
been awarded. i4r. Schott stated that since these Northland Camps buildings
were being used by the State Degartrnnt of Education in other areas of Alaska, -
he had assumed they would meet the Building Code. Mrs. Hajdu asked if a letter
should be sent to the cor tractor_ s stating that the contracts had been awarded
in error. IL. Barr did not think this would be vice. Mrs. Hajdu said that
letters should then be sent fr r. the Borough confiem ng these awards to take
care of their leg:.lity, but she cueeticn::d awarding a contract for a pre-
fabricated building for which the piars have not yet even been seen. Mrs.
Hajdu felt that the School Board should not continue to exceed their authority.
Mr. Barr felt that this is probably a misunderstedni.r; caused by previous
delegation of authority by the Assembly. He felt that the responsibilities
of the School Board and of the Assembly should be clearly defined and agreed
upon. Mts. Hajdu concu,:r:.d. She also requested that the School Board minutes
be made more comprehensive. She stated that she was not aware from the minutes
that the School Board was planning to go ahead with this project. Mr. Barr
felt that the School Board should take care of the detail work up to the
awarding of contracts for construction, in the meantime keeping the Assembly
informed by preliminary plans, and then coma to the P.sserrbly for final
approval. idrs. Hajdu added that the Assembly should first be requested to
give their approval of the concept of the plans, since the Assemblymen would
be negligent in their responsibility if they did not make sure that funds were
being correctly spent. She requested that a copy of the minutes of this
meeting be sent to the School Board.
Mr. Arndt stated for the record t1rt he had a financial interest in the freight
contract from Kodiak to Zkhio'.. He al::o said that the building was being
shipped from Seattle on August 30 and that peeihaps a call should be made to
Northland Camps to determine if the building would meet the Code requirements.
Also, if the building had already been loaded on the barge, it would be out of
the question to cancel the ()edge. ilr. Parr abated that since the Uniform
Building Code adopted by the J:crouglh is also the Code used by the State, the
building should erect the Code. Mr. Stansbury stated that Northland Camps
makes several types of buildings, and from the specifications, which were very
general, it appeared that this was only a temporahy building. Mr. Schott was
under the impression that it was a. permanent building. I1r. Barr suggested a call be
made to Northland Camps„ conf irtr.ed by lett; r_ , stati.ng that the building rust
meet the Building Cede, requesting ccmp1.e'.:e plans and specs. Another contract
would have to be awarded in order to bring the building up to Code if necessary.
After further discussion, Mr. Barr roved that the School Board be instructed
to submit the purchase order tor the Northland Carps building for Akhiok to
the Borough Attorney for revie as to its actual status and as to the
possibility that the m-;nufac _veer can be ride to bring the building up to
the Building Code, and that upon completion of the review, the ratter be
referred to the Borough Staff for action, if possible, to make the building
comply with the Borough Code. Motion seconded by Mr. Arndt. Mr. Barr felt
that rather than wait until spring to open the school, if the building would n
meet tlhe„ Code, the Borough would probably overrule its own Code. Mr. Stansbt•4
felt that the lives of the children were more important than their educatiox,
in case the building were not safe, and. it was agreed that it would be better
to bring the children to Kodiak to teach them than to erect an unsafe building
After further discussion, notion carried by unanimous roll call vote.
Request from Kenneth ChmMte for Use of Water on Borough Property. This item
was not on the agenda and so no formai action could be taken. A letter from Mr.
Chamberlain was read requesting an easement across Tr. A of the original Miller
Point Subdivision in crder to obtain water. The Assembly concurred in granting
a short -teen easement if it in approved by the Srni.t_rian. Mr. Chamberlain stab
that if the easement is sheee -teee, he will drill a eel_I for f'.rture use. Mr.
Stansbury stated that the City hee a public use permit form which could be used
in this case, which would ello;a Mr. Chamberlain use of this property without
requiring him to obtain en easement. This fo *m ,allows usa of the property for
five years for a $1.00 fee, requires plans showing where the lines will be, and wag
relievedthe Borough from responsibility in case of any problems Mr. Stansbury
will submit this form to the Borough Office, and this item will be placed on the
agenda for September 5 for final approval.
SP '' AI[ 1SSI 1BLY I FETING f . At gu t 2g -3(, 1968 3
B. (continued) It was agreed that formal action on the awarding of the contracts -
be postponed until the continuation of the meeting on August 30. Mr. Barr
moved, seconded by Mr. Arndt, that further consideration of the contracts
for the Akhiok School be ta,._;led until the last item in the meeting. Uotion
carried by unanimous voice vote.
C. Discussion of Hospital Lease Contract with Grey Nuns. The contract had been
amended to include the provision that any profits are to be applied toward
the previous year's deficits before they are expended. Also, the Attorney
advised that the Borough could uce any legal manner they wish to collect due
bills. Mir. Barr moved, seconded by Mr. Arndt, for approval of the hospital
lease contract with the Grey Nuns as amended. Mot5:on carried by unanimous
roll call vote.
D. Discussion on Proposed School Bond. A letter from Mr. Schott giving all of
the information on the necessity for the school bond, and suggesting that
the questions be listed on the ballot as follows: (1) high school, East
Elementary School Addition, and Ouzinkie School - $3,338,027; (2) high school
with auditorium, East Elementary School Addition, and Ouzinkie School -
$3,873,427; (3) high school with :.win -ring pool, East Elementary School
addition, and Ouzinkie School - $3,731,077; (4) high schcol with auditorium
and scrirming pool, Eat Elementary School addition, and Ouzinkie School -
$4,266,477; and (5) no improven:nts. Mr. Schott explained that all of the
estimated costs had been increased by the architect with the explanation that
building costs have increased since the original estimate was male two years
ago, and that building costs in Kedi• :k are 1.47 times those in Anchorage.
Mr. Barr and Mrs. Hajdu felt that these costs were very high, and thought that
if the bend issue passes, the plans should be carefully checke . over with the
intent of reducing the costs ten to fifteen percent. I'1. Beet's suggested
layout of the question_ for the ballot were not available, but Mrs. Hajdu
stated they were based on Mr. Schott's letter, with the exception of #5. Mr.
Goodman asked if the election notice for a school bond issue had to be
published 4 weeks before the election, which would mean publication on the
following day. Vhi1e the Statutes were being reviewed, the need for a Borough
Clerk was discussed. The information concerning publication of the election
notice was not available. If case of the necessity for publication the next
day, Mr. Barr moved, eeconded by t2_. Arndt, that a resolution be pasted in
title only placing the school bond issue for the construction of school
improvements s in the Kodif k Island Borough on tha October 1 ballot. Motion
carried by unanimous roll call vote.
IV FFCYSS
Mr. Barr moved, seconded by i lr. Arndt, that the meeting be recessed until 11:00
a.m. on Friday, August 30, in the Borough Office. Motion carried by unanimous
voice vote. The meeting was recessed at 11:30 p.m. on August 29.
V MEETING RECONVENED
The meeting was reconvened at 11:15 a.m. en August 30 in the Borough Office with
Mrs. Hajdu presiding.
VI ROIL CALL
Present Absent
Mrs. Jo Hajdu, Presiding Officer Don Bullock
Don Arndt
Jim Barr
Betty Springhill
Also present: Ivor Schott, Supt. of Schools; Jim Stansbury, Building
Inspector; Dexter Ball, Planning Committee Member; John
Chapman of Tryck, Nyman and Hayes.
III B. Awarding of Contracts for Akhiok Village School (continued). Mr. Barr reported
that the i.orthland Camps school building had already been loaded on a barge
and would be shipped from Seattle that evening. A contract for the building
had been signed by Air. Schott. This contract required only that Northland
Camps notify the Borough if the building does not meet theEorough building
regulations. Mr. Cannon of the architectural firm had been contacted, and
he was of the opinion that i ze building would meet the Uniform Building Code,
including the wind load. If the Borough Assembly would reject the School
Board's action in awarding the contracts, there would be a chance of a law-
suit against the Sc.anol Boand and the Snperinte. dent individually. Mr. Barr
felt that the buiYing would come close enough to meeting the Code so that it
could be modified to meet it, and that the Assembly should approve the Sdiool
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SPECIAL ASSEMBLY MEETING - August 29 -30, 1968 4
Board's action. Mrs. Hajdu asked if there weuld be another possible use for
the building if it could not tie modified to meet the Code. Mr. Schott stated
that no other use had been planned. Mr. Barr said that he had requested Mr.
Cannon to write to Northland Camps, asking them to certify as to the building's
compliance with the Code. He felt that more money would be spent delaying the
Shipment than modifying the building. Mrs. Hajdu concurred that since the
building is on the way, the best course of action would be to follow up the
School Board's award of contracts with confirmation by the Assembly so that
the contracts would be legal and the School Board could not personally be held
liable. It was determined that the construction contract for the foundation
would not change even if the building had to be modified. Also, it was agreed
that any modifications would have to be made in Akhiok due to the physical
impossibility of getting the building to Akhiok later on because of weather.
Mr. Barr moved for concurrence and approval of the plans and specs for the
Akhiok village school for the contract with Northland Camps, the contract with
Arndt Brothers, Inc., and the contract with the J. B. International Co. Mrs.
Hajdu stated that she would vote against this motion, since she aces :not
concur with or approve the School Board's action. She felt that the awards
should be merely confirmed. Mr. Barr withdrew his motion and asked if Mrs.
Hajdu intended to have new contracts drawn, since the awards had already been
made and the contracts signed. Mrs. Hajdu stated that her intent was to direct
letters confirming the awarding of the contracts. After further discussion,
Mr. Barr moved for confirmation of the award of the Akhiok School contract with
Northland Caws, the contract with Arndt Brothers, Inc., and the contract with
the J. B. International Co. Motion seconded by Mrs. Springhill and carried
by roll call vote as follows: Mrs. Hajdu -- Yes; Mr. Arndt - Abstained; Mr.
Barr - Yes; Mrs. Springhill - Yes.
Mr. Barr stated that it should be made certain that such a situation does not
occur again. He felt that guidelines should be prepared so that the responsibility
of the School Board and the Assembly is made clear. The guidelines should
be prepared in conjunction with the School Board. In this way under such
circumstances, the School Board would advise the architect that it would be
necessary for the Borough to also sign the contract. Mr. Barr moved, seconded
by Mrs. Springhill, that the preparation of guidelines for the relationship
between the School Board and the Assembly be placed on the agenda for the next
regular meeting. Motion carried by unanimous voice vote.
III A. Approval of Phase I of Comprehensive Plan (continued). Mr. Arndt felt that a
public hearing should be held on Phase 1, particularly the land use plan,
before it is approved. Mr. Barr agreed that a hearing should be held as soon
as possible. No legal requirement exists in this case for length of time for
public notice. The typing on Phase I could be continued, with the exception
of the land use plan itself. Then if extensive changes were made in the land
use plan, an addendum could be included. If a hearing were held at the
Planning and Zoning meeting on September 11, there would be only a week's
delay. In the meantime, everyone should give Phase I further study. Mrs.
Springhill asked if the Planning Committee had approved Phase I. Mr. Chad
said that they had. Mr. Barr stated that the problem was the apathy of the
community. Everyone should be involved in making the plan, but not enough
people were involved. Mrs. Hajdu pointed out that there had been no formal
approval of Phase I by the Planning Committee or the Planning and Zoning
Commission. She felt that a joint meeting should be held with these groups
in order to obtain their formal approval. She felt that a land use plan is a
good concept, but that it is not always workable in a community which already
has certain trends established. The strip on Hill Bay Road which is already
zoned Business may not be the ideal way to plan, but since it is already
established, it should be so zoned on the land use plan. She did not feel
that any comparison could be made on traffic problems in this area with
similar situations in larger cities, because Kodiak is too small for this
comparison. Mrs. Springhill agreed that the present zoning should not be
disrupted too greatly. Ur. Chapman pointed out that the zoning plan is only
recommended, and would not be official until adopted by the Borough. Mr. Barr
stated that it was true that the Eorough would not have to use this plan, and
that it could just be presented with applications for Federal money, but that
it would be ridiculous to spend this much money, time and effort on a plan and
then not follow it. IIrs. Springhill said she preferred this approach than
stuffing a plan down people's throats that they didn't want. She said that
^lr. Goodman had no objections to the plan as presented, but that he felt a very
careful approach should be made toward the zoning portion of it. Pis. Hajdu
stated that it would make no sense to adopt Phase I and then turn around and
change the zoning.• -it should be corrected before the plan is adopted. Mrs.
Spriighill stated that she would prefer to lose the $10,000 grant because of
the delay than to adopt a plan which might be harmful to the community. Mr.
Chapman stated that the argument for adopting the plan as it is and making
jl ;11 )■ !i
1 ! r' "
SPECIAL ASSEMBLY PE.ETEZ - August 29 -30, 1968
changes later is because of the impending deadline. The original deadline of
July 1 had been extended :.o September 1, but that additional time has meant
additional costs to Tryck, Nyman and Hayes, and another extension would mean
further costs. If suggestions were given for charges, they could be made.
But if a decision is delayed until after a hearing, this will be more difficult.
Also, he did not feel that one public hearing would give a clear idea of the
community's desires. Everyone will have their can personal desires, and it
would be impossible to agree on a plan to which everyone personally agrees.
He felt that it would be up to the community leaders to sell the plan to
everyone. Mrs. Hajdu *.reiterated that since the land use plan a rill be used as
a guide for the future, it should indicate correctly what the canmunity feels
will happen in the future, and the trend in the Mill Bay area is toward
business zoning. Mt. Ball felt that in 10 or 20 years, the businesses will
probably move out of this area, and that the 1999 plan is correct in sharing
this area as residential. Mr. Arndt felt that it should be shown as business,
since people who cannot afford to locate downtown should have an alternative
area in which to locate.
Mrs. Hajdu was excused at this point in order to attend another meeting.
Mrs. Springhill felt that the Plan should not became an end in itself, and that
if there were any threat contained in the land use plan, it might tip the panic
button in the community, since people are already upset over the increase in
taxes. Mr. Barr felt that this was over-dramatizing the situation. Mr.
Chapman felt that keeping the business zoning downtown should encourage the
people in the core area. Nlr. Barr felt that even if the land use plan were
adopted as it is, making the businesses on rlill Bay eventually became non-
conforming uses, it would not force these businesses into bankruptcy. It was
agreed that the important factor is the overall good of the community, and
that personal interests must be secondary. Mrs. Springhill asked if Phase I
could be approved with the exception of the zoning portion. tar. Chapman stated
that the plan must be one that the community can live with, and it must have
the support of the community. Bowever, he stated that this Plan had been
presented over a period of five months in 45 copies so that it could be studied
and suggestions made. It was finally agreed that 14r. Barr should call Mary
Putnam of ASHA regarding an additional 30-day extension, on completion of
Phase I. Mr. Arndt moved, seconded by firs. Springhill, that a public hearing
be held on the 1999 General Plan, principally the land use plan, on September 11,
in a joint meeting with the Planning and Zoning Commission, Canprehensive Planning
Committee, City Council, Borough Staff and the public, with Tryck, Nyman and Hayes
co aive presentation, and. the Borough to aid ck, P .n and Ha -s in ob •
an ex ens on of time from ASHA. Mr. Chapman rais=e a e ques ion o e. a cos
Barr said these would have to be negotiated. He felt that it would be worth additional
costs to get the community together on the plan. Mr. Chapman also stated that
Tryck, Nyman and Hayes may find it impossible to recommend that the area
Null Bay Road be zoned Business. After further discussion, motion carried by
unanimous roll call vote.
VII JOURN E T - The meeting was adjourned at 12:50 p.m.
ATTEST
Sally Hendrix, Acting Clerk
APPROVED: