05/01/19751 0 1 1 9 (i
KODIAK ISLAND BOROUGH ASSEMBLY
7
n
MAY 1, 1975
1 CALL TO ORDER
The meeting was called to order by Deputy Presiding Officer Cathey at
7:55 p.m., in the Borough Meeting Room, Borough Building, Kodiak, Alaska.
II ROLL CALL
Present Absent
Dr. Michael Cathey
Mr. Wilton White
Mr. Muri Estes
Mr. Norman Sutliff
Mr. Sven Haakanson
Mr. Alex Panamaroff, Jr.
Mr. Nicholas Pestrikoff
It was noted that a letter had been received from Mr. Panamaroff stating
he would be unable to attend the meeting due to Russian Easter; Mr,
Pestrikoff had advised the Clerk that he would be away on business in
Anchorage and Mr. Haakanson indicated he would try to make the meeting.
Excused absences were noted for Mr. Panamaroff and Mr. Pestrikoff and
a check is to be made to determine whether or not Kodiak - Western was able
to fly to Old Harbor. If the flight was available, Mr. Haakanson's absence
would be unexcused.
(NOTE: A telephone call to Kodiak - Western on 5/2/75 indicated that the
flight was in Old Harbor at about 12: 00 noon on 5/1/75 - Mr. Haakanson's
absence is unexcused).
111 MINUTES OF PREVIOUS MEETING
A. Assembly - regular meeting - April 17, 1975. ivtr. Sutliff moved for
approval of the minutes, seconded by Mr. White. A question was raised as
to whether or not the meeting had been called to order without a quorum and
the new representatives sworn in to constitute a quorum. The minutes were
checked and noted that the new members were sworn in prior to the call to
order. Question called motion passed by unanimous roil call vote.
Item 111 - under the Minutes of April 17, 1975 - Appointment of new Borough
Mayor. Mr. White suggested that in view of the fact that only city representatives
were present that this should be deferred until at least two members from the
outlying area are present as they might have some recommendations to make on
thisMatter. The members concurred with this course of action.
IV MINUTES OF OTHER MEETINGS
A. Planning b Zoning - regular meeting - April 23, 1975
B. School Board - regular meeting - April 14, 1975
C. Health Resources Council Meeting - April 21, 1975
D. Bicentennial Meeting - April 15th and 17th, 1975
E. Governing Board Mental Health Center - with expenditure report
The Clerk noted that the minutes from the Health Resources Board requested
action on several items. The Presiding Officer noted that this would be taken
up later in the evening. Mr. White moved that the minutes of the other boards
as received be recognized as having been received, seconded by Mr. Estes.
Question called, motion passed by unanimous roll call vote.
V CORRESPONDENCE AND APPEARANCE REQUESTS
A. Report from Sister Josephine Patti Re: Status of Extended Care. Sister
Patti stated that the schematics have been prepared and forwarded to various
agencies for review. Several questions were raised by Mr. Moyle and these
have been answered, a copy of the correspondence was forwarded to the
Borough office. The architect has indicated that an additional bed has been
added, thereby raising the total to 20-. In reply to question regarding bad debts,
KI A MEETI1., - MAY 1, 1975 Page 2
Sister Patti noted that accounts are now being turned over at the end of
a ninety day period for collection. It is anticipated that the Borough will
be in. a position to bid the extended care unit in order to have construction
started by Septermber.
B. Letter from Senior Citizens re: Budget request
C. Letter from Kodiak Council on Alcoholism re: Budget request - noted
that these are for information and will be considered at the time the budget
is being prepared
1
D. Letter from Matsu - Borough re: CS SB 118. The changes in the bill were
discussed and the members of the School Board present were asked if they
had reviewed the bill and what would they recommend. The School Board
had reviewed this but noted only that there are several good points and
some that are not so good. There are areas that have needed clarification
in the past as to the responsibilities. One comment the School District would
make is that they would like to have more involvement in the construction
stage as the school is responsible for the building once the project is complete
and must live with any problems. Other areas were noted and feelings
expressed that the Borough still is responsible and should not necessarily
give up these responsibilities. It was thought that most of the areas could
be dealt with on the local level. Mr. Greene did point out that the high
school construction job had been carried out with a minimum amount of
change orders. Mr. Estes moved to object to SB 118, seconded by Mr. Sutliff.
Question called, motion passed by unanimous roll call vote.
The clerk was directed to send a letter of objection to the chairman of the
finance committee and appropriate individuals.
E. Letter fr o:n Bicentennial Commission re: Activities of Commission and
Proposed P rojects for Community effort 1976. Mr. Lincoln was present and
stated that the Commission has been meeting quite often and that with the
upcoming year these meetings will be more frequent. The Commission has
not requested funding in the past, however would anticipate that there
would be meetings that should be attended and funds would be needed. The
Commission is currently working with the Historical Society and City on a
package for funding of a new museum and development of the property around
the Erskine House. The Erskine House has been designated as the Meeting
House of Alaska and funds for such projects have been designated but not
released as yet. Further noted that the Bicentennial projects are expected to
last for the next thirteen years, not just one or two years. On the matter of
funding, the Assembly asked that ihe"Commission prepare a budget request
for consideration. Mr. Lincoln indicated that this would be done.
F. Letter from City Clerk re: Annexation of Lots 7 through 16, Survey 2537 -B
(information)
G. Letter re: Community Schools - HB 179. This concerns additional uses of
the schools for community purposes and programs which are conducted which
can receive money from the Stale. Mr. Greene was asked to review the bill
and give a report later in the meeting.
VI PUBLIC HEARINGS
A. Reapportionment of Borough Assembly - The hearing was opened for public
comment. Questioned raised regarding the number used for base population
and representation. Mr. Ogg noted that on his particular plan the base figure
was 800. Several plans were available for review, most of which had been
presented at previous hearings. Mr. Schneider suggested that there be two
districts outside the City limits - #I would encompass the villages and would
have one representative. The other area , line running from Craig Point to
head of Hidden Basin , would have two representatives elected at large or
this could also be split into two districts, one being the Spruce Cape area
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KIB ASSEMBLY MEETINL - MAY 1, 1975 Page 3
and the other Chiniak, Anton Larsen and Bells Flats area. This would be the
area on the road system. Inside the City, there could be one seat or
perhaps two seats that would be a dual elected position, the city should
remain in close contact with the borough as there are many projects that
are joint efforts. If had two dual seats, the remaining two would be elected
at large. Or you could have four districts elected at large.
Consideration should be given to the possibility of the Coast Guard Base
becoming a part of the Borough, the plan adopted could be reviewed again
in two years to determine if it still meet the requirements.
Mr. Ogg was in the audience and suggested that his plan, which was different
than the others submitted, and called for eight seats on the assembly was the
fairest. He stated further that there is a difference between the two governing
bodies and that the City does not need a seat on the Assembly.
There was lengthy discussion on how the plan would be selected to put before
the voters. Suggested that perhaps two or three plans could be presented
and then the one receiving the most votes could go before the voters, or perhaps
a survey or even a study conducted as the census was last year. All methods
will increase the cost of the election. Mr. Eaton in discussion of the voting
on the plan noted that the outlying areas have wondered what they are even
doing in the Borough.
It was noted by members of the assembly that they would appreciate having
all seven members present for a work session or meeting that would bring
out any optional plans for reapportionment. Public hearing closed.
B. HUD Application for Sanitary land fills in Villages. Mr. Gariss, Borough
Planner was present and gave the background on this application. He noted
that the Borough at the recommendation of the OED had filed a pre - application
for establishment of Sanitary landfills in the villages. It was felt that this was
a project that could be started and finished within one year. The funds in the
amount of $220,000 would come from the discretionary funds under the Housing
and Community Development Act of 1974. Public Hearings have been held in
four of the villages and while the results were favorable, there are several
problems that have to be looked into. Primarily the lack of equipment in each
of the villages and maintenance and upkeep of the equipment once obtained.
Mr. Gariss did note that the funds are for the establishment of the fills and not
for operations. A contract agreement would have to be reached with each
village and they would operate the fill'once the engineering work has been done.
It is possible that some of the money could be used for equipment but this can
not be determined until a later date. It was suggested that care be made in
selection of the equipment as some are too heavy for the conditions in the
various villages. It would be up to the Villages to obtain permits for the
running of the landfills and they would in turn have to meet the state requirements.
There was a question on the operation of a fill in Chiniak as the population will
be less and it was thought that the area is too large to justh have one that would
serve the residents and Middle Bay Fisheries.
The public hearing was closed. Noted that the assembly had passed a
resolution supporting the pre - application and that no formal action was needed
at this time.
VII OLD BUSINESS
A: Letter from Kenai Borough re HB 293 - resume of the bill given, noting
that general taxation revenues could be allocated to service district. Assembly-
men noted that they did not feel that the entire borough should be taxed for
service areas. Mr. White moved that the Assembly_ of the Kodiak Island Borough
go on record and make proper notification that the assembly opposes HB 293,
seconded by Mr. Estes. The question was called and motion passed by unaimous
roll call vote.
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MB ASSEMBLY MEETING - MAY 1, 1975 Page 4
B. First Reading Ordinance No. 7S -14 -0 Amending 1974 -75 Budget.
read by title only. Mr. Sutliff moved for adoption of Ordinance No.
75 -14 -0 in the first reading, seconded by Mr. Estes. There was discussion
on whether or not this change would include the retroactive pay increase,
noted that this included only that pay to December 1st. The question was
called and motion failed by following roll call vote: Mr. White NO; Mr.
Estes YES; Mr. Sutliff YES: Dr. Cathey YES. It was noted by the Clerk
that this should be passed as there are other items under consideration
in this budget. Mr. Sutliff moved for reconsideration, seconded by Mr.
Estes. Question called motion failed by following roll call vote: Mr. White
NO; Mr. Estes YES: Mr. Sutliff YES, Dr. Cathey YES.
It was suggested that perhaps the items concerning salary could be deleted
from this particular ordinance. Mr_ White moved for the adoption of
Ordinance No. 75 -14 -0 in the first reading excluding items 145.02, 145.03
143.02, 143.03, 143.04 and 143.05, recognizing that there will have to be a
comparable adjustment in the revenues, general tax revenues, seconded by
Mr. Sutliff. The queston called and the motion failed by following roll call
vote: Mr. Estes YES; Mr. Sutliff YES; Mr. White NO; Dr. Cathey YES:
C. Coastal Zone Management Bill - report by Will Gariss. Mr. Garlss
reported that he had written to tFe Governor's office, Community and
Regional Affairs and to Senator Kay Pland requesting that they provide
additional input for this presentation. Mr. Waring reports that the bill allows
for adequate local input. A resume was given on the bill, Mr. Gariss noted
that this is something that really should be under the Planning 6 Zoning
Commission and that the establishment of another commission would only
duplicate this work. Further this bill would usurp the powers of the local
entity. Dr. Cathey stated that he was in agreement with the coast zone
management in general and that should any objections come from the Borough
the reasons for that objection should be set forth in a cover letter. No action
taken at this point.
D. First Reading Ordinance No. 75 -12 -0 Amending Chapter 2, Section 3,
Borough Code, read by title only. Mr. Sutliff moved for adoption of Ordinance
No. 75-12-0 in the first reading, seconded by Mr. White. Question called,
motion passed by unanimous roll caffvote.
E. First Reading Ordinance No. 75 -13 -0 Adopting appendix to 1973 UBC, read
by title only. Mr. Sutliff moved for the adoption of Ordinance No. 75 -13 -0 in
the first reading, secorded by Mr _Estes. Motion passed by unanimous roll
call vote.
F. Letter from George Lindholm re Borough Survey of Lots in Bells FLats in
Preparation of Sale of land. - - ---
Mr. Lindholm was in tth audience and indicated on the map the area in
question. He noted that the borough had leased the land to him for fifty-
five years and that there is an encroachment due to a native allotment filed
by Martha Taylor. He would request that the lot be surveyed to resolve
this encroachment and that the street designated at Zima Street also be
vacated at this time. Mr. Gariss noted that the survey costs are to be paid
by the individual seeking the land and that Planning 6 Zoning should have
a look at the vacation of that street. It was noted that the Assembly could
initiate this but it would be forwarded to Planning & Zoning as are all sub-
divisions. Mr. Gariss went on to say that the claim has nothing to do with
the lease and should cause no problems as long as this is under a lease
situation. Mr. White moved that the Borough have lot 24 of Rosser. Creek
Subdivision subdivided in line of the allotment claim of Martha Taylor dividing
the lot forpurpose of disposing of the east portion as part of a sale of Lot
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KI8 ASSEMBLY MEETING - MAY 1, 1975 Page 5
24. 25 and 26 to George Lindholm and further that the Zima Street Extension
between Lot 24 an 25 be vacated as a part of this act - Mrs. Lindholm asked
about the possibility of a building being on that portion under the claim.
Mr. White withdrew his motion.
Mr. White moved that as preparation for sale to George Lindholm that
Lot 24 of Russian Creek Subdivision bes surveyed for purposes of
determining that portion which is outside of the Native Allotment Claim
of Martha Taylor and that the strip of road indicated at Zima street be
vacated as part of our condition for sale, seconded by Mr. Estes. The
question was called and motion passed by unanimous roll call vote.
VIII NEW BUSINESS
A.—Request_fra.ISEA for Fasements in Russian Creek, Bells Flats area
for electrical power (use of old sewer lines for the underground installation
and use of roads and right-of -ways) . It was suggested that this was some-
thing the attorney should advise us on as to whether or not the Borough has
this right. Mr. Lincoln was the in the audience and stated that Glacier State
had been working with KEA on this and would be requesting easements also.
Further that this was the responsibility of the borough. Mr. Gariss indicated
that KEA was to present a map of the route for review and this has not been
received as yet. Mr. White move that subject to concurrence of the Borough
Attorney, the Kodiak Island Borough indicate to KEA that they would be
atftiable_tp_issuinq easement in the roads and right -of -ways in Bells Flats
and Russian Creek Subdvisions, seconded by_ idr. Sutliff. Mr. Estes noted
he would like to compliment the electric company on the use of the under-
ground water lines. The question was called and motion passed by unanimous
roll call vote.
B. Resolution No. 75 -16 -R approving final plat of Lot 20, Block 7, Bells
Flats Subdivision, Ecklund. Mr. White moved for adoption of Resolution No.
75 -16 -R, seconded by Mr. Sutliff. Question called, motion passed by unanimous
roll call vote.
C. Resolution No. 75 -17 -R Approving final plat of Woodland Acres Second
Addition - Island Resources,. Mr. Estes moved for adoption of Resolution
No. 75 -17 -R, seconded by Mr. Sutliff. The map was available for review
and the minutes from the last Planning meeting were read. The question was
called and motion passed by unanimous roll call vote.
D. Resolution No. 75 -18 -R Approving the Final Plat of Tidelands Tract N -17A
Ursin Seafoods. Mr. Sutliff moved for approval of resolution No. 75 -I8 -R
seconded by Mr. White. The question was called and motion passed by
unanimous roll call vote.
E. Memo from Borough Clerk request authorization to attend Clerk's Seminar
in Anchorage May 12th through I5th. Mr. Sutliff moved to approve attendance
at the Seminar May 12th, seconded by Mr: Estes. Motion passed by unanimous
roll call vote.
F. First Reading Ordinance No. 75 -11 -0 Extending the Boundaries of the
"Unclassified cone" to include Tract "A "of U. S. Survey 1672. Mr. White
moved for adoption of Ordinance No. 75 -11 -0 in the first reading, seconded by
Mr. Sutliff. The location of this land was noted and the question called. Motion
passed by unanimous roll call vote.
G. Monthly Report for March, listing of expenditures - noted received
H. Additional Recommendations for Members of the Governing Board of the
Mental Health Center, letter from KANA read recommending Jim Johnson and
Delores Padilla as new members. Mr White moved for appointment of Jim
Johnson and Delores Padilla to the Kodiak - Aleutian Center's Governing Board.
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KIB ASSEMBLY MIETir MAY 1975 Page 6
Seconded by Mr. Estes. Question called, motion passed by unanimous roll
call vote. Noted that the terms are for two and three years and the Board
will take action in setting up the specific terms.
1 . Presentation of the 1975/76 School Budget - Mr. White moved for the receipt
of the 1975/76 School Board Budget by the Borough at this time, seconded
by Sutliff. Question called motion passed by unanimous roll call vote.
Noted that there will need to be work sessions set up with the School Board
and a public hearing scheduled prior to the acceptance of the budget.
Suggested that the work session be set for May 15th, with a possible earlier
date of the 13th.
J. Review and Acceptance of Proposals( for Hospital Fire Doors. Mr.
Sutliff suggested that Mr. Schneider make contact with the contractor on
the hospital and determine whether or not these doors were fire -rated in
the beginning, make a determination if they can be certified and thereby
save some money for the Borough. Sister Patti stated that there are two doors
that will have to be replaced as they are dutch doors, the others are not.
A cost estimate will be made on the two doors and all information brought
back to the next meeting. Mr. Schneider indicated that he would be willing
to assist on this matter and will go through the submittals with the Borough
Clerk.
K. Review of Estimate for High School Corridor linking new portion of high
school with main school. Deferred until a report is received from Mr. Fields.
LHealth Resource Council Requests
IX MAYOR'S REPORT
1. Mr. Sutliff moved for the ratification of the replacement of Tina
Monigold with Yvonne Zaharoff, seconded by Mr. Estes. Question
called, motion passed by unanimous roll call vote.
2. Request for Support for the Task Force Study - Mr. Gariss explained
the study that would be conducted by the Task Force from Anchorage.
Mr. White moved that the Borough Assembly concur with the request
ooKKodiak Health Resource Council as outlined for clerical help,
planning staff for research and ground work for health needs assess-
ment needs of the Kodiak, Island Borough, seconded by Mr. Estes.
Question called, motion passed by unanimous roll call vote.
3. Re - Secretary for Board - Mr. White moved that the chairman of
the Health Resources Council appoint another secretary on the Board
for the purpose of recording and the Borough will continue to furnish
services of typing and finishing as has been done in the past, seconded
by Mr. Estes. Question called, motion passed by unanimous roll call
vote.
4. Purchase of Ambulance for Borough - The assembly asked that
due to the lateness of the hour that this be deferred to allow for
additional information. Mr. White requested a breakdown on how many
hours per day the present ambulance was being used.
A. Letter from Alan Austerman requesting rental of office space in the Borough
building. After considerable discussion of the policy established in the
very beginning, Mr. White moved to limit the rental of office space from here on
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KIB ASSEMBLY MEETINt, - �NAYI r-
I, 1975 Page 7
to non - profit government and social type functions, seconded by Mr. Sutliff.
Question called, motion passed by unanimous roll call vote.
B. Letter from the City Clerk requesting waiver of 1975 taxes on the lots in
Block 5, Aleutian Homes Subdivision which have been conveyed to the City for
the use as a park. Mr. White moved that the Borough tax not be levied on
Lot 8/9, Block 5, Aleutian Homes Subdivision, seconded by Mr._ Sutliff.
Question called, motion passed by unanimous roll cal I vote.
C. Memorandum from Planning E Zoning Commission asking that the Assembly
take appropriate strong, punitive measures regulating Mr. Grothe to comply
with the stop work order as issued by the Building Inspector on April 15, 1975.
Mr. Lindholm explained the reason for the issuance of the stop work order in
that no work had been done for a period of 120 days and that a new permit should
have been obtained. Mr. White moved that the matter be referred to the
Borough Attorney for recommendations as to what our action and position
is at this point, seconded by Mr. Sutliff. Question called, motion passed
by unanimous roll call vote. The attorney should be requested to have
this back for the next assembly meeting for action.
X ASSEMBLY COMMENTS
A. Mr. Estes noted that the Borough should have some type of ordinance that
would guarantee that the work is accomplished as planned and further to
insure that the required grading is done. Mr. Schneider noted that under the
new appendix as adopted there is a section that does provide for this.
B Mr. Gariss stated that the Borough also has protection under the zoning
ordinance for resource development in that a special use permit allows for
regulations and requirements to be established for each and every prticular
project. It was suggested that if the present ordinance will not protect the
borough and residents that the building inspector and planner get together
and present some documents that will. There are permanent scars being left
in this residential area and something should be done to give the Borough
an ordinance with some teeth in it.
C. Mr. White asked whether the Assembly might consider a possible solution to
the land problem in the Russian Creek Subdivision, one that involves Martha
Taylor's native allotment claim. This proposed solution would be to research
the possibility of allowing the same status of the claim to be placed on sur.eyed
lots of approximately the same acreage as the claim. This would allow for
the release of other lands that the land claims. encroaches on. Perhaps 'ots :8. :o.
21, 22, and 23 could be exchnaged for the lower claim and Tracts H, 1. and 'or the
upper claim.
D. Mr. White asked that an ordinance allowing for the appointment of certain
officers in the Borough by the Assembly be read in the first reading.
Ordinance No. 74 -15 -0, read in full by Mr. White. Mr. White moved for
acceptance of Ordinance No. 75 -15 -0 in the first reading, seconded by 'A r
Estes. Question call and motion passed by unanimous roll call vote.
E.Mr. White noted that the Borough Attorney has filed litigation against the
City in response to the city's seating of two members from the City Counc,I
on the Assembly. Mr. White moved that the Borough Attorney be directed
to withdraw and cease and desist any action he has in progress, seconded
by Mr. Estes. The question was called and motion passed by unanimous roll
call vote.
F. Mr. White asked if it is possible that an agreement can be reached with '.1r
Grothe to set a time limit on the completion of the project in Island Lake area
Perhaps this could be set as December 31, 1975, would this satisfy the people
in the area. Mr. Schneider suggested that a public hearing should be held
to determine the course that should be taken.
XI AUDIENCE COMMENTS
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KIB ASSEMBLY MEETING - MAY I, 1975 Page 8
G. Dr. Cathey noted that Mr. Green had reviewed HB 179 and would request
Borough support of this bill. The support is based on a percentage basis
rather than a flat fee however it would be approximately the same. Mr. White
moved that the Borough Assembly indicate to the appropriate representatives
the borough's support of HB 179, seconded by Mr. Sutliff. Question called
motion passed by unanimous roll call vote.
H. Dr. Cathey read a letter from Okey Chanlder requesting that the Borough
consider the adoption of the manager plan and place this on the ballot for the
voters. This was deferred until a later meeting due to the lateness of the hour.
A. Okey Chandler requested that the Borough give serious consideration to
the manager plan.
B. Mr. Schneider asked about the Ordinance No. 75 -14 -0 that failed
and whether or not the money had been paid and by whose authority. Noted
that the money was paid, authorization was made by the Borough Mayor and
that a check had been made with the attorney prior to the issuance of the
checks.
C. Mr. Taylor asked about the ambulance and how this would be taken
from one side of the island to the next.
C. Mr. Gariss noted that Mr. Heller of RCA would like an invitation to come
to Kodiak and explain to the Borough Assembly the change in the plans for
communications around the island. Authorization was given to Mr. Gariss
to extend such an invitation to Mr. Heller.
XII ADJOURNMENT
There being no further business, the meeting was adjourned at 1:05 p.m.
SUBMITTED: APPROVED:
`'�o 'i i; i , l- M,<�.J I c. C vn
N orma L. Holt, Borough Clerk Michael R. Cathey, D. V. M.
Deputy Presiding Officer