03/03/19770 1 n? 7 d' ti
KODIAK ISLAND BOROUGH ASSEMBLY MEETING -- MARCH 3, 1977
CALL TO ORDER
The meeting was called to order by Presiding Officer, Betty Wallin in
the Borough Meeting room at 6:12 p.m.
11 ROLL CALL
Present Absent
Leslie Anderson Frank Peterson (Excused)
Dr. Michael Emmick Mayor Kotula (Excused)
Murl Estes
Sandra Kavanaugh
James Peotter
Betty Wallin, Presiding Officer
A quorum was established. Mr. Peotter moved to excuse the absence
of Assemblyman Peterson . Seconded by Mr. Anderson. Motion
carried with a unanimous roll call vote.
111 MINUTES FROM PREVIOUS MEETINGS
A. Assembly meeting, regular, February 3, 1977
B. Special meeting, Assembly, February 11, 1977. Mr. Peotter moved
for acceptance of the two meetings, seconded by Mr. Anderson. Motion
carried with unanimous roll call vote.
IV MINUTES FROM OTHER MEETINGS
A. Planning 6 Zoning, regular, February 16, 1977
B. Citizen Advisory Committee, January 26 6 February 15, 1977
C. School Board, February 14, 1977
D. Kodiak Council en Alcoholism, February 24, 1977
Dr. Emmick moved for acceptance of the minutes (A -D) as submitted.
Seconded by Mr. Peotter. Motion carried by unanimous roll call vote.
V COMMUNICATIONS AND APPEARANCES
A. Liquor License Renewal for Village Liquor Store (Rollyn J. Ball;
MacDonald's Custom Meats- Spruce Cape Road). Correspondence was
read by Dr. Emmick. Mr. Peotter moved to state no objection. Seconds
by Mr. Anderson. Motion carried with unanimous roll call vote.
B. Mrs. Kavanaugh read correspondence from Yvonne Zharoff, Chrm.
of Kodiak Health Resource Council dated February 25, 1977 re: the role
of the Health Resource.CounciI. Dr. Emmick felt a Health Planning
Agency should be established. Mr. Denslow stated that a representa-
tive from the State would be corning to the Kodiak area to discuss the
problem, within the month. Members of the Health Resources Council
are to be notified of the scheduled meeting.
C. Re: Kodiak City Cemetery, Lot 1, Hospital Subdivision. A survey
indicates that the cemetery, including one fence and several graves
encroaches upon land owned by the Borough adjacent to Lot 1. Recom-
mendation from the Borough Manager was that the City of Kodiak be ad-
vised that the Kodiak Island Borough agree in principle to the requested
land transfer so that the City may proceed with its overall cemetery de-
velopment program. Further, that the Borough Manager be authorized
to negotiate further details of transfer with the Kodiak City Manager with
full detailing of those negotiations. Dr. Emmick moved to look on the
!1 1 1? ^ n 1 7 7
KODIAK ISLAND BOROUGH ASSEMBLY MEETING -- March 3, 1977 Page 2
request favorably and instruct the Borough Manager to proceed with
negotiation for transfer of 3.8 acres requested. Seconded by Mr. Ander-
son. Motion carried by unanimous roll call vote.
D. Letter from Kodiak Island Hospital requesting $25,000 for continued
operation of the hospital was read by Assemblyman Anderson. Funds
were requested due to increase in Workman's Compensation Insurance
plus wage increases, supply costs, electricity and various service
contracts. Mr. Anderson moved to make the allocation of $25,000. Or.
Emmick seconded. Motion carried by unanimous roll call vote.
E. Letter read by Assemblyman Peotter which was received from Mike
Shockley re: sale of Tracts A 6 C, U .S.S. 3469, Kadiak Subdivision as
recorded in the Kodiak Recording District stating he opposed the sale
on the negotiating basis rather than a public auction. Sale was negotiated
at the Feb. 3. 1977 Assembly Meeting to Mr. James P. Yatsik for the pur-
pose of building a warehouse. Dr. Emmick moved to defer any land sales
until we have a comprehensive policy established and then proceed with
land sales. Seconded by Mr. Estes. Motion carried with the following
vote: Dr. Emmick, YES, Mr. Estes, YES, Mrs. Kavanaugh, NO, Mr.
Anderson, ABSTAIN, Mr. Peotter, YES, Mrs. Wallin, YES. Mrs.
Kavanaugh moved to amend ordinance 18.48.070 of the Municiple Code
Book, Page 145 deleting "However, the borough chairman, when so
authorized by the borough assembly, may enter into negotiated sales
for tracts of land, five acres or less, directly with the applicant for
such land." ur. tmmicic seconded. nionon tailed 4 - 2 with Mrs.
Kavanaugh and Mr. Estes casting YES votes. Mr. Anderson moved to
refer this matter to counsel for compared analysis with respect to the
State for ordinances. Seconded by Dr. Emmick. Motion passed with a
unanimous roll call vote.
F. Request from William Hansen and Mike Stephan for application for
Borrow site for the purpose of extracting gravel was read by Mrs. Wallin.
Materials to be used for the Mill Bay project. Dr. Emmick moved that
the request be referred to the administration for proper administrative
action and give the administration the authority to proceed with the request
if it is in order. Seconded by Mrs. Kavanaugh. Motion carried 4 - 2
with Mr. Anderson and Mrs. Kavanaugh casting NO votes. A report is to
• given to the Assembly by the Administration before the execution of a
lease.
G. Letter from Alaska Legal Services Corporation re: Mr. Larry Matfay
Set Net Foreclosure was read by Mr. Estes. A check in the amount of
$287.01 was sent to the Borough to restore title to the set net site. Mr.
Peotter moved to accept Mr. Matfay's check in return of his personal
property. Seconded by Mr. Anderson. Motion carried with a unimous
roll call vote.
VI PUBLIC HEARINGS
A. Ordinance #77 -1 -0 relating to the appointment of Borough officers,
commissions and committees was read by Mr. Peotter. Mrs. Kavanaugh
moved for the adoption of Ordinance of 77 -1 -0, seconded by Mr. Peotter.
Regular meeting closed, public hearing opened. No comments were re-
ceived by the audience. Regular meeting reopened. Question called.
Motion carried with unanimous roll call vote.
KODIAK ISLAND BOROUGH ASSEMBLY MEETING - -March 3, 1977 Page 3
B. Ordinance #77 -4 -0 making supplemental transfers of certain appropri-
ations within the 1976/77 budget setting forth unanticipated revenues was
read by Mr. Estes. Dr. Emmick moved for adoption, seconded by Mr.
Peotter. Regular meeting was closed, public hearing opened. No
comments were received. Public hearing closed. Motion for adop-
tion of Ordinance #77 -4 -0 carried with a unanimous roll call vote.
VII OLD BUSINESS
A. Ordinance #77 -2 -0 rezoning Russell Estates, 3rd Addition, a por-
tion of U.S.S. 1396 to be designated R -3 (L. L. Russell). Dr. Emmick
read ordinance in full. Mr. Estes moved for adoption of Ordinance
#77 -2 -0 as amended on February 3, 1977. Seconded by Mr. Peotter.
Motion carried by unanimous roll call vote.
B. Ordinance #77 -3 -0 rezoning U.S.S. 444, Tract "C" to be desig-
nated business (St. Herman's Pastoral School) was read in full by
Mr. Peotter. Motion was made for adoption of Ordinance #77 -3 -0 as
amended on February 3, 1977. Seconded by Mr. Anderson. Motion
carried with unanimous roll call vote.
C. Chamber of Commerce request for brochure funding in the amount
of $1247.50 from the Borough, requesting the same amount of funds
from the City. This item was discussed at the Assembly worksession
to grant this funding with the stipulation that the brochure will con-
tain items of interest to the tourists in the outlying areas such as the
villages, Chiniak and road system of the Borough. Mrs. Kavanaugh
moved to grant the Chamber of Commerce 91,247.50 for a brochure
with the stipulation that half the brochure be pictures of the Borough.
Seconded by Dr. Emmick. Motion failed 3 - 3 with Assemblymen
Anderson, Peotter and Estes casting NO votes.
D. Assignment of Architectural Review Board Representatives. Con-
tingency plans for developing program statements and educational
specifications for new high school buildings in Port Lions and Old
Harbor was presented. Assembly members assigned as participants
to the Board were Dr. Emmick, Mr. Peotter, Frank Peterson and Mr.
Estes.
E. Division of Lands. A meeting has been scheduled for March 18,
1977 with Mr. Mike Smith from Alaska Division of Lands to discuss
the various aspects of the land problems currently existing on Kodiak
Island.
VIII NEW BUSINESS
A. Ordinance #77 -5 -0 rezoning the unzoned portion of U.S.S. 1682
to be zoned R -3 with R -1 buffer zones (L. L. Russell) was read by
title only for a first reading. Dr. Emmick moved to adopt Ordinance
77 -5 -0 on first reading. Seconded by Mr. Peotter. Motion carried
with a unanimous roll call vote.
B. Mrs. Kavanaugh read by title only Ordinance #77 -6 -0 to adopt
the Zoning Official plan in accordance with Title 2.26 and Title 17 of
the Borough Code for a first reading, and moved to adopt Ordinance
77 -6 -0. Seconded by Mr. Anderson. Motion carried with a unanimous
roll call vote.
1 0 1 ^ 2 n fl 4 i g
KODIAK ISLAND BOROUGH ASSEMBLY MEETING - -March 3, 1977 Page 4
C. First reading of Ordinance #77 -7 -0 amending the schedules relat-
ing to pay ranges and class titles for employees of Kodiak Island
Borough and providing an effective date was read by Assemblyman
Anderson by title only. Mr. Anderson moved for adoption of Ordin-
ance 77 -7 -0, seconded by Mrs. Kavanaugh; carried by unanimous
roll call vote.
D. Resolution #77 -11 -R approving the final plat of the vacation of
Lots 1 & 2, Block 30, East Addition, U.S.S. 2538 -B, replat to Lots 1A
and 2A, Block 30, East Addition, U.S.S. 2538 -B (James A. and
Arlene Bredehop) was read in full by Mr. Estes. Mrs. Kavanaugh
moved for the adoption of Resolution #77 -11 -R, seconded by Mr.
Anderson. Motion carried with unanimous roll call vote.
E. Resolution #77 -12 -R approving the final plat of Subdivision of
Lot 2, Block 1, Miller Point Alaska Subdivision (David W. & Rita R.
Dieter and David J. & Bettina Witteveen) was read irf full by Mr.
Peotter. Motion to approve Resolution #77 -12 -R was made by Mr.
Peotter, seconded by Mr. Estes. Motion carried with a unanimous
roll call vote.
F. Resolution #77 -13 -R adopting a position description for Zoning
Official was read in full by Dr. Emmick. Dr. Emmick moved for adop-
tion of Resolution #77 -13 -R, seconded by Mr. Peotter. Motion carried
by unanimous roll call vote.
G. Amendment to Island Lake Sewer and Water Study Engineering
Contract. Letter was read by Mr. Anderson which stated additional
work requested by the citizens' committee could be accomplished for
an additional amount of $2,000. It was recommended by Borough Mana-
ger that the contract with Tryck, Nyman and Hayes, Engineers and
Planners of Anchorage, Alaska be ammended in an amount not to exceed
$2.,000 for the purposes of further technical studies. Mrs. Kavanaugh
moved to follow the Manager's recommendation for $2, 000. Seconded
by Mr. Peotter. Motion carried by unanimous roll call vote.
H. Letter was read by Assemblyman Estes re: Island Wide application
of Conservation District Zone in accordance with Article 17 of the
Borough Code recommending that the Borough Assembly initiate pro-
cesses through the Planning and Zoning Commission, with the objec-
tive of preparing a revised zoning ordinance map to encompass those
portions of the island currently outside the developed areas and not
included on the existing mapped portion of the ordinance; that the Con-
servation district, Chapter 17.5, be utilized as applicable on the map
for those areas outside the presently zoned and mapped portions of the
island jurisdiction; and that the Planning and Zoning Commission be re-
quested and directed to proceed with the appropriate ordinance amend-
ment procedures for the implementation of the policy objectives and that
the adopted map and narrative be sufficiently identified and certified to
be incorporated by reference to Title 17. Mr. Peotter moved that the
Manager be directed t follow np with his . .. lotion; _
the third paragraph of his letter. (Recommendation above) Seconded'
by Mrs. Kavanaugh. Motion carried with unanimous roll call vote.
I. Mrs. Kavanaugh read letter from Mr. Denslow re: Certification and
Recommendation of bids for Borough Vehicle. One bid and one bid de-
clination were received. It was recommended that the bid be awarded
to R. G. Berg Motor Company, Kodiak, Alaska in the amount of $7,496.16.
1 0 I ^ . 1 1 4 n
KODIAK ISLAND BOROUGH ASSEMBLY MEETING - -March 3, 1977 Page 5
Mrs. Kavanaugh moved to accept the bid from R. G. Berg for $7,496.16.
Dr. Emmick seconded. Mrs. Wallin suggested a C. B. radio be included.
Motion carried 5 -1 with Mr. Anderson casting a NO vote.
J. Statement dated January 25, 1977 from Cole, Hartig, Rhodes,
Norman 6 Mahoney was presented. Mr. Peotter moved to pay the
statement in the amount of $708.54. Mrs. Kavanaugh seconded.
Motion carried by unanimous roll call vote.
K. KIB January 1977 Financial Report. Mr. Anderson moved to ac-
cept the Financial Report. Seconded by Mr. Peotter. Motion
carried by unanimous roll call vote.
L. Zoning Administrator report was read in full. Dr. Emmick moved
to endorse the report, advising Mr. Mulitalo to follow through with
his recommendations. Seconded by Mrs. Kavanaugh. Motion carried
with unanimous roll call vote. On behalf of the Assembly, Mr. Wallin
congratulated Mr. Mulitaio on his well done comprehensive report.
M. Requests for Negotiated Purchase of Lands from Kodiak Island
Borough were submitted. No action was taken. Multiple applications
to purchase specific parcels have created complications that were not
anticipated at the time the ordinance was prepared and adopted.
N, for the month of February, 1977 was
presented. Mr. Anderson gave a brief report of the draft presented,
including six city building inspections and four Borough inspections
made by the Building Inspector.
IX MANAGER'S REPORT
A. The Kodiak Island Hospital addition is now 56% complete as of
February 20, 1977. The total amount of the project is $2,300,000.
B. Old Harbor industrial water supply project sponsored under the
1976 Community Development block grant funds has come up for dis-
cussion with the Public Health Service. The Borough has been asked
to jointly sponsor the drilling operations for water supply for both
domestic and industrial needs. Upon concurrence of the Assembly,
Public Health Service would be asked to submit a working agreement
for actual drilling and development of the water supply. Dr. Emmick
moved to proceed with the recommendation. Mr. Peotter seconded.
Motion carried by a unanimous roll call vote.
C. Sanitary Land fill program now is under construction. Sanitary
land fill has been completed at Old Harbor and inspected by the Borough
Engineer. Equipment has been moved to Akiok, then will be moved to
Ouzinkie and Port Lions.
D. Two resignations have been received for the Citizen Advisory Com-
mittee for Personnel Policy. Advertisement for vacancies are to
placed.
X ASSEMBLY COMMENTS
A. Anderson - Commented on Mr. Shockley's statement in regard
to disposition of Borough property; is in agreement of putting land
out for bid, but opposed that it was suggested that we need to save
individuals from themselves by prohibiting speculations that may oc-
cur. For there to he a nurchace of =nv tvne ther must be a willing
1 0 0 1? 1 f1 4 4 1
KODIAK ISLAND BOROUGH ASSEMBLY MEETING - -March 3, 1977 Page 6
seller and a willing buyer. Mrs. Kavanaugh commented that there was
a lot of land in Kodiak which was not being utilized. 'vie do not need
speculation on land. Dr. Emmick stated the whole goal should be to have
land developed. that the Borough has one of the lowest tax bases. He
feels there should be a development plan.
B. Kavanaugh - Asked about the monies for service roads and trails
for 1977. Also, in regard to deferring land sales until a new compre-
hensive policy was established, the question was asked when the new
policy would be in effect. (To be discussed at a worksession). In
regard to the Mental Health desiring to become a non - profit organiza-
tion, Mrs. Kavanaugh asked of the status. Dr. Emmick stated that
the Mental Health Center did not wish to come out of the umbrella of
the Borough.
C. Estes - No comments.
D. Peotter - No comments.
E. Emmick - Commented that the negotiation of land sale in question
at this time had not been consummated, though the gentleman who ap-
plied had good intentions, as did the Borough Assembly when they said
° go ahead ", and can recognize that the Assembly had made a mistake.
E. Wallin - Was checking into the possibility of an ice skating rink
with artificial ice, stating Anchorage has an artificial ice rink.
Mentioned that Larsen Bay was interested in establishing a Planning
and Zoning Commission, asking that material be sent to them for
reference.
F. For election of a new Presiding Officer and Deputy for the Borough
Assembly, Mrs. Kavanaugh moved to go into an Executive Session to
discuss personnel and elect a Presiding Officer. Seconded by Dr.
Emmick. Motion carried 4 - 2 with Dr. Emmick and Mrs. Wallin
casting NO votes At this time a short recess was taken.
The meeting was called back to order. Mrs. Kavanaugh nominated Mr.
Jim Peotter for Presiding Officer. Seconded by Dr. Emmick. Motion
tarried 5 - 1 with Mr. Peotter abstainin . Mrs. Kavanau h nominated
Dr. Michael Emmick as Deput Presidin Officer. Seconded b Mr.
Peotter. Motion carried 5 - 1 with Dr. Emmick abstainin . Mrs.
Kavanaugh moved to draw a Resolution auth
fi
nne tiable instruments to include the Mayor, Presidin Officer, n Of fi c for
e Motion
Presidin g Officer and Clerk /Treasurer Dr. Emmick seconconded d
carried with unanimous roll call vote. At this time Mr. Peotter took the
chair as Presiding Officer.
XI AUDIENCE COMMENTS
A. Jim Yatsik speaking with regard to the decision made by the mem-
bers of the Assembly, stating he took the Assembly at their word at the
February 3, 1977 meeting; has negotiated a 5-year with with al_-,
cannery to build a warehouse; asks the Assembly to rescind their ��
action. Mrs. Wallin moved that the action taken in the minutes of
February 3, 1977 be referred to the Borough Attorney for interpreta-
tion to see if we are bound by the sale because the motion reads: "Mr.
Anderson moved that the Borough Assembly proceed with the sale of
Tracts A & C for the appraised value." Seconded by Mrs. Kavanaugh.-
1 ( 1 1 1 ' 1 2 A ,l
KODIAK ISLAND BOROUGH ASSEMBLY MEETING -- -March 3, 1977 Page 7
ATTEST:
Dr. Emmick stated that the Assembly has the right to rescind a previous
action, also that an action can be reconsidered. Mr. Anderson stated
that until a sale is consummated by signatures, it is not binding.
Question called on the motion. Motion failed 3 - 3 with the following roll
call vote: Wallin, YES; Emmick, NO; Anderson, YES; Kavanaugh, NO;
Estes, NO; Peotter, YES.
GZrn;t 7 ,9 ^r.4^,...t Pp t)
XII ADJOURNMENT
Meeting was adjourned by newly elected Presiding Officer, Mr. Peotter.
Jerk
Presidi .' y'cer, Betty Wallin
7a* 15"-- __
,Presiding Officer, James Peotter