09/07/1978'1 ') 1
KODIAK ISLAND BOROUGH ASSEMBLY MEET SEPTEMBER 7
1978
(A Verbatim Record of the Meeting is on File
in the Clerk's Office)
I CALL TO ORDER
The meeting was called to order by Mayor Wallin at 6:25 P.
the Borough Meeting Room. M• in
II ROLL CALL
Present
Dr, icliael Emmick Absent
Mr. Edward Jack Mr• om Logan (excused)
Mrs. Sandra Kavanaugh (arrived 7:30)
Mr. James Peotter
Mrs. Marlene Wasson
Mr. Bill Williams
Mrs. Betty J. Wallin, Mayor
A quorum was established.
III ACCEPTENCE OF AGENDA
Mayor Wallin stated the following additions:
VI D Carl Pohjola- Chiniak Status Report
VI II K Sue i yDa V lle..L t 10, USS 3100 and Tract P_3
IX L Sudiv (r P 73
- Brisbane
R Subdivision -Budd Lather
?1r. Jack moved to clone the agenda.
Motion carried b the b
unanimous r_11 call . vate, --�' Dr._ Emmick.
IV MINUTES OF PREVIOUS MEETINGS
A. Assembly- Regular- August 3, 1978
B. Assembly- Special- August 16, 1978
C. Assembly- Special- August 23, 1978
D. Assembl Special -July 24, 197
Dr. Esmick moved t
Mr. pep,_ d to accept the minutes in_a
`ter_ Nearing-poob•ection Ma �. r -groin:_ Seconded _by
Dr. Erm c;c ;,sued for a i- -'Led. _Seconded so ordered.
r " el _presented. o b M
-n no obi _.]C.. r
Peotter. nea
ectioni_Mavor Wallin so ordered.
V MINUTES OF OTHER MEETINGS
A. P E Z Commission -June 21, 26, July 3, 19 6 26
B. School Board -July 24 and August 14, 1978
Mr. Peotte _ 1978
Dr. Peotte 'ved to accept the minutes in a _roe•. by
Dr. Emmick movedrinr no ob'ection M or Wallin so orderednded
Hearin acce Lance. Seconded .by_Mr, P
�ob'ection Ma or Wallin so ordered. Ater.
VI COMMUNICATION 6 APPEARANCES
A. Appointment of Committee for Firearms Usage Study. explained the purpose for forming g
Jack moved that there y• Mrs.
a ccmnv. M be no committee. gMotionodiedtfor lack_of
r. Williar..s moved for a committee
app =ted econ a of five to be
3DD a commit -- y-- r rs, asson moved to
carr�.ed 4_ tee of eleven. Seconded by Dr
1 with Mr. Jack castin one MO_vote. Main�motionMotion
carried 4 -1 with Mr. Jack as in
proceed to form the committee. NO vote._ The mayor will
borough attorney be advisory the committee sea ther that the
legal issues to be confrontedto the committee as there will be
B. Appointment of Hospital Advisory Board. It was agreed that
an ordinance should be presented for'first reading
draft materials available for the next meeting at which time the
appointments would be and have all
first tment made. Mr. Peotter moved f
of Ordinance Y78 20 0 de a sa°2 at
of the Hos ital Advisor aline with tthe— estaDlot
carried Dv Board. _Seconded by Dr.__Emick.1ent
un ous_roll call vote. Motion
n S 4 n
K1B ASSEMBLY MEETING - SEPTEMBER 7, 1978
PAGE 2
C. Kenneth Hitch, U. S. Army Corps of Engineers Re: Monashka
Creek Dam Flood Plain. Mr. Hitch made his presentation. Dr.
Emmick moved to accept the report and refer it_to theplanning
department. Seconded by Mr_ Peotter. Mr. Jack moved to amend
to request administration to apply for study on Bettinger Lake
Reservoir and Pillar Creek reservoir as suggested by Mr. Hitch.
Seconded by Dr. Emmick. Motion carried by unanimous roll call
vote. Main motion carried by unanimous roll call vote.
D. Pohjola- Status Report Chiniak and Karluk. Deferred to later
in the meeting.
VII PUBLIC HEARINGS
A. Ordinance #78 -12 -0 Rezoning Lot 1, Block 1, Tract M, USS 3218
(Alagnak). Closed regular session; opened public hearing. Mr.
Milligan explained that the lands involved in Ordinances #78 -12 -0,
#78 -13 -0, #78 -14 -0 and #78 -15 -0 are all adjacent, have the same
zoning and are requesting the same zoning change. All, except
#78 -13 -0 (Wittich) are presently being used for industrial use;
Mr. Wittich's has e. residential garage.
Ian Fula, Lot 9, Block 1, Shahafka Acres, USS 3218: Read letter
to the Borough dated August 31, 1978 objecting to the rezoning
of Tr. S -2, USS 3218 (Brechan Enterprises, Inc.) which abuts his
property. Feels there should be a buffer between the industrial
use and his property.
Larry Wolf, representing St. Mary's parish located across Mill
bay Road on a portion of the Holland Homestead: Is concerned
about the traffi.n problem that could be created by the use of
heavy trucks in this regard.
It was:pointed out that P & Z had not provided for a buffer zone.
Mr. Milligan stated there is no light industrial zoning classifica-
tion. Mr. Jack moved to rezone Lot 1, Block 1, Tract M USS 3218
from unclassi.fzed to industrial. Motion died for lack of a second.
Mrs. Kavanaugh arrived at 7:30 P.M.
'fr. Jack moved Lot 1, Block 1, Tract M USS 3218 Lot 2, Block 1,
Tract M, USS 3218 and S -4, USS 2218 be rezoned from unclassified
to industrial. Seconded by Hrs. Kavanaugh. It was suggested that
a buffer, to be shared by both Brechan Enterprise, Inc. and Mr.
Fulp be' established. Mr. Peotter moved that Ordinances #78 -12 -0
#78 -13 -0, #78 -14 -0 and #78 -15 -0 be referred back to the P 8 Z
for further consideration to discuss the possibilities of buffer
zones and other alternatives before it is brought back before_
the assembly. Seconded by Dr. Emmick. Motion carried 4 -2 with
Mr. Jack and Mrs. Kavanaugh casting ao votes. This motion was
ruled out of order as there was a motion on the floor. Dr.
Emmick moved to table Ordinances 178 -12 -0, #78 -130 #78- 14 -0__
and #78 -15 -0 and refer to P 8 Z for consideration of buffering.
Seconded by Mr. Peotter. Motion carried 4 -2 with Mr. Jack and
Mrs. Kavanaugh casting NO votes. - ---
E. Ordinance #78 -16 -0 Amending Title 17 of the Code of Ordinances
by Establishing a Definition for Foster Homes. Mr. Peotter read
Ordinance #78 -16 -0. Mr. Peotter moved for adoption of Ordinance
# -16 -0. Seconded by Mrs. Kavanaugh_ Closed regular session;
opened public hearing.
There. was no comment from the audience pro or con.
Closed public hearing; opened regular meeting. It was stated that
the state licensing is rigid. Reverend Childs, who is affiliated
with the Baptist Mission, has the need for foster home facilities
wherein more children than presently allowed by zoning ordinance
could be housed. This has been allowed by special permits on
Previous occasions. This ordinance would clear up the matter.
These foster homes are in residential areas, must meet specific-
ations and be approved by the P E Z Commission. Motion carried
by unanimous roll call vote.
> > n
KIB ASSEMBLY MEETING- SEPTEMBER 7, 1978 PAGE 3
VI D. Pohjola- Status Report Chiniak and Karluk Schools. Mr.
Pohjola made his presentation on Chiniak, Karluk and Akhiok
schools. 1. Karluk: It will be the decision of the village
as to whether they will hold classes in theATCO unit or the
Community Hall. They must order enough fuel for the school and
the teacher housing. 2. Chiniak: The old water well is con-
taminated with fuel oil; there are several methods available to
be considered in solving this problem. One of them would be to
drill a new well as the cne drilled last year does not produce
an adequate quantity of water. There are presently 13 or 14
children and with the advent of the Job Corps Center there could
be 30 to 40 students. There is the possibility of having to.bus
these students into Kodiak to attend school. 3. Akhiok: The
school building is eleven years old; time and weather have caused
extensive rotting of the roof and floor. These must be repaired
and /or replaced. One -half of the building has water in the
conduit and must be rewired. The rewiring has been set for
October 1, 1978. There is a remote chance of danger because of
the wiring situation. There is also need for major maintenance
on the generator.
A five - minute recess was coiled; meeting reconvened at 8:35 P.M.
VIII OLD BUSINESS
A. Request to Authorize Relocation Expense for Building Official.
Dr. Emmick moved to authorize reimbursement for moving_ expenses in
the amount of S1 for the building official. Seconded by Mr.
Jack. Motion carried 4 -2 with Mrs. Kavanaugh and Mr. Peotter
casting NO votes. -
B. Huey DeVille -Lot 10, USS 3100 and Tract P -3. Mr. Gordon
stated Mr. DeVille had been requested to cease work on his
premises at Lot 10, USS 3100. Requested authorization from the
assembly to proceed further as set out in 17.75.040 of the
Borough Code. Dr. Emmick moved to enforce the ordinance.
Seconded by Mr. Peotter. Motion carried by unanimous roll call
vote. With reference to the equipment on the P -3 property in
Bells Flats a cease and desist order was issued by the Borough
on P -3 on August 24, 1979. A cease and desist will be issued
on Lot 10, USS 3100; if the cease does not occur, the borough
will proceed with court action.
IX NEW BUSINESS
A. Resolution #78 -58 -R Authorizing a Three -Year Local Service
Roads and Trails Program for KIB 1979 -1981. Mrs. Kavanaugh read
Resolution 178 -59 -R. Mr. Peotter moved to adopt Resolution
#78 -58 -R. Seconded by Mrs. Kavanaugh. Mrs. Kavanaugh amended
the motion to 1980 to clear and _grub Bayview Drive and improve
that segment of Bayview Drive in 1980 and to do Woman's Bay
Drive in 1981. Seconded by Mr. Jack. Motion carried 4 -2. with
Dr. Emmick and Mr. Williams casting NO votes. Main motion
carried by unanimous roll call vote.
B. Tax Adjustment- Eugene S Carol Evans. Dr. Emmick moved to
grant the adjustment. Seconded by Mrs. Kavanaugh. Motion carried
by unanimous roll call vote.
C. Tax Adjustment- Sea -Land Service, Inc. Dr. Emmick moved to
rant adjustment. Seconded by Mrs. Kavanaugh. Motion carried
by unanimous roll _ call vote.
D. Tax Adjustment - Michael B. S Susan J. Killen. Mrs. Kavanaugh
moved the request be granted. Seconded by Mr, Peotter. Motion
carried by unanimous roll call vote. - -
E. Tax Adjustment -Bruce E Harriet Eierman. Mrs. Kavanaugh
moved to allow the request._ Seconded by Mrs.__Wasson. lqotion
carried by unanimous roll call vote.
1 1 '1 2 1 fl 5 3 i
1CIB ASSEMBLY MEETI; ?G- SEPTE "3EP 7, 1978 PACT' 4
F. First Reading Ordinance #7 0-13 -0 Amending, Borough Coda to
Two Assembly Meetings Per Month. Mrs. !Masson read Ordinance
#78 -18 -0 by title only. Mrs. Ravanauah raoyed for _adoption at
first of Ordinance #78-18-0. Seconded by Dr. Emmick.
Dr. Emmick moved to amend at first reading_to provide_ for a work
session in conjunction with the second ¢_.ting. _Seconded by
Mrs. Wasson. Motion withdrawn with the ^_cnsent__of the second.
Hr. Denslow explained the reason for Section 3, providing for
work sessions in ccnjunc - ion with the meetings on advice of
counsel. Mrs. Kavanaugh roved to amend that Sectiaa B be
deleted. -- Motion diedfor lack of - a second. Main motion -
carried
4 r Jack— _ -_ -g -
4 -2 with ,fr. . `4
Jack and r;. Kave : =ush cast in g_''1O votes.
G. First Reading Ordinance ?'70 -12 -0 Amending Title 18 of Borough
Code (Gravel Site Lease:). iilyer ''a1lin read the ordinance by
title only. ?_ vann'_yh_m,:ved .fo:^ adcpticn of Ordinance
#78 -19 -0 at first r_adina. Seconded by Dr. Emnmick._ Motion
carried by uncnimouu coil call vote.
H. Bid Award for Port Lions /Cid Harbor 3leacher Units. Mr.
Denslow explained that during the ceveloping of the budget for
the high schools the bleacher units were deleted from the
original specification:. Twc bide ::era received. Staff
recommends approval of the low bid, 054,000 by the Wood Butcher
Shop. Dr. Er-:ick moved to award the bid to the Wood Butcher
Shop for 054 Seconded by Mrs. Wasson. Motion carried 5 -1
with Mrs. Kavanaugh casting one vote.
I. Recommendation for Award of Bid for Maintenance of Roads in
Bells Flats /Russian Creek Service District. Mr. Denslow stated
that the maintenance contract is rebid annually. Three bids
were received and opened in the presence of three citizen
representatives from the !8c11s Flats /Russian Creek Roads Service
District committee. The bids were reviewed and recommendation
is that the contract go to Alagnak, Inc. Dr. Emmick moved to
award the bid as recommended by the Service District, Bells Flats.
Seconded 1 Mr. Williams. Alagnak, Inc. was the low bid on a
unit basis. A ten- rinuta races: was called. Meeting reconvened
at 9:20 P.M. The bid documents were read. Mr. ;Williams moved
to table. Motion died for lack of a second. Motion carried
5-1 with Mr. :._1liccs casting one NO vote.
J. School District Report of Revenues S Expenditures June 1978.
Dr. Emmick coved to acknowledge receipt. Seconded by Mrs.
Kavanaugh
avanaug Mo_ioncarraed by unanimous roll call vote.
K. Brisbane Plat - Subdivision of Lot 3, Crestview Subdivision,
USS 3218. Mr. Jack moved to tabls until the assembly had_some-
thing formal to operate with-. Motion died for _lack of a
second. Hr :. _Kava;.::uah ^.reed that it _ be tabled until the
assembly had all of the informaticn. - Seconded by Hr. Jack.
Motion failed 2 -4 with Dr. Emmick, Mr. Peotter Mrs. [Wasson and
Mr. Williams casting NO votes. Mr. Marmaduke made his presenta-
tion. At the meeting of August 16, P 6 Z recommended approval;
this did not appear in the assembly packets. Mr. Peotter moved
to table. Seconded by Mr. Jack. Motion carried by unanimous
roll call vote.
+
L. Resolution #78 -60 -R Subdivision of Lot D, Block 7, Bells
Flats AK Subdivision (Lather). P'6 Z recommended approval of
the resolution. Mrs. Kavanaugh moved for adoption of Resolution
$78-60 -R. Seconded by M_. Williams_ Motion carried_by__unanimous
roll call vote.
X MANAGER'S REPORT
1. Stated administration had been ddvised of the state legisla-
ture's approval of appropriations for Ouzinkie high schook,
1.1 million dollars, and Larsen Bay high school, 1.6 million
dollars. The manager and superintendent of schools have asked
the school board to follow the same procedures as used for the
Port Lions and Old Harbor high schools. The modular plans
1 0 " '1 ? n r) 5 3
KIB ASSEMBLY MEETING, SEPTEMBER 7, 1978 PAGE 5
prepared last year will be discussed reference the use of these
plans for the basic unit in both of these constructions.
2. Stated the PHS is now in the process of constructing sewer
and water systems in several of the villages. The borough has
a school site in Larsen Bay;. they have suggested they would be
able to provide utility service to the buildings now there and
they would be available for the new high school construction
anticipated next year for a total of $29,500 ($21,211 for water
and $8,310 for sewer. Suggested this be placed on the next
work session agenda_ - -
3. The hospital manager had expressed concern that there is in-
adequate lighting at the emergency entrance to the hospital and
the entrance off of Rezanoff into the hospital drive. Feels
this is inadequate for safety. Proposes that a hospital sign
be constructed near the street and a directional sign in the
drive area.
4. Re: School Pool. The aluminum liner is susceptible to
corrosion and is pitted with holes. The warranty expires
November 15, 1978. Testing could determine whether beach sand
which was required, or beach gravel was used underneath the
pool. The critical issue is whether the liner was at fault as
opposed to the installation. Replacing the liner was at fault
from $15,000 to $20,000. Mr. Peotter moved to the item
on the work session agenda. Seconded by Dr. Emmick
failed 3 -3 with Mr. Jack, Mrs._ Kavanaugh and Mrs. Wasson
casting NO votes. Mr. Williams moved toproceed_wit}h_tha.
engineering analysis of_the_.probl_em. Seconded__by Mrs..
Kavanaugh. Motion carried by unanimous roll call vote. Dr.
Emmick moved that after adequate samples have been taken we
proceed with replacing the liner. Motion failed 1 -5 with Mr.
Jack -1-- • Kavanaugh, Mr. Pe otter i _Mrs. Wasson and Mr. Williams
casting NO votes.
5. Reminded that it is down to the eleventh hour and fifty -
ninth minute for lobbying on HB 39. Mr. Denslow was asked to
check on the HR 39 amendment the borough was supporting to
determine if it is in the form the assembly stated or, if not,
that it be removed.
6. The assembly is invited to attend the P 6 Z Commission
meeting of September 20 where Mr. Frank Urbeck, director of
Level B water study for this part of the state, will be making
a presentation describing the significance of that federally
funded study in this community.
XI ASSEMBLY. COMMENTS
Mrs. Kavanaugh: Asked what has happened to the HUD Small Cities
grant. Mr. Denslow stated that the project to make improvements
near the senior citizens' residence and the project to make
improvements for the Headstart facility are in the position for
approval. Steps have been taken to initiate the final applica-
tion.
Mrs. Wasson: No comments
Mr. Peotter: 1. Confirmed the date of the next work session
to be September 23, 1978 at 9:30 A.M. in the assembly_chambers.
2. Requested the assembly review and discuss the Personnel
policy ordinance in conjunction with the job descriptions of
all the staff at the work session of September 23rd.
Mr. Jack: No comments
Mr. Williams: Re: D -2 bill. Mr_ Williams moved that if the
information is as the assembly construes it to be is contained
in the bill that the assembly send a telegram supporting_the
passage of the bill; if it is not, send a_ telegram supporting
the opposite EQSltion. Seconded by Mrs.:( Motion was
withdrawn irtth the consent of the second. Hr. Denslow was
requested to have a copy of the final form of HR 39 sent to
the borough assembly. Mr, _Williams moved to send atelegram
in support of the D -2 bill if it contains the verbiage which
was the intent of the KI3. Seconded by_Mrs. Kavanaugh._ Lotion
failed 2 -4 with Dr. Emmick,_Mr_ Jaek_, Mrs. Kavanaugh and_ Mr.
Peotter c' NO votes.
KIB ASSEMBLY MEETING, SEPTEMBER 7, 1978 PAGE 6
Dr. Emmick: No comments
XII MAYOR'S COMMENTS
1. Set a special meetingfor ratification of the election judges
for September 23,_1978 at 1:00 P.M. in the assembly chambers.
2. Suggested items to beadded to the work session: a) item
from Richard Garnett III on the tax status of persons living
on federal installations; b) item from Mr. Garnett re: citizen
B.O.E. discussion; c) item from Dale Tubbs re: assembly author-
izing an ordinance to determine the need for certain parcels of
land located within the city; d) item from Mr. Tubbs with
recommendation that the borough request patents for issuance
for TA approved selections within a two -mile radius of Kodiak.
3. KMXT thank you; also assures of interest in the issue of
unification and offer of resources for dissemination of informa-
tion in this area. 4. Requested that Mr. Garnett be authorized
to meet with the city council and the second class cities.
Mr. Jack moved to provide funds and request borough counsel,
Mr. Garnett ,. to go to the villages to_give input re unification.
Seconded by Fr. Wi11ia:..;. Hotion failed :3 -3 with Dr. Emmick,
Mrs. Kavanaugh and Mr. Peotter casting NO votes. 5. A meeting
was set up with Lois_Kramer, Planning_Supervisor, Department of
Community E Regional Affairs, Division of Community Planning
with the_City_M.anager,_Borough Mayor and the Borough Manager re
city and borough planninv. 6. Craig Bishop, Chamber of Commerce
representative wrote thanking borough for efforts in obtaining
patents on land in the Monashka Bay area. 7. Referred to a
letter requesting support of seven -year Creative Action Programme.
No action was taken.
XIII AUDIENCE COMMENTS
Charles (Chuck) Powell: Requested action on the subdivision
plats of both his request for Subdivision of Tract D, USS 1396
and Jack Brishane's request for subdivision of Lot 3, Crestview
Subdivision, USS 321C. He stated these were to have been on the
agenda of this meeting. Dr. Emmick moved to take the matter of
Mr_ Powell's subdivision under consideration. Seconded by Hr.
Jack. Motion carried by unanimous roll call vote. Dr. Emmick
moved for approval of F.:soluti.on fl 78 -61 -R with respect to Mr.
Powell's plat. Seconded by Mrs. Wasson. Motion carried by
unanimous roll call vote. Mr. Powell recommended the Brisbane
request be taken off the table. Dr. Emmick . moved to remove
the Brisbane request from _the table._ Seconded_by Mr._Jack.
Motion carried 5 -1 with Mr. Peotter casting one M0 vote. Dr.
Emmck moved to acprove_Resolution f78 - -62 -R subdividing Mr.
Brisbane's rroperty, Lot 3, Crestview Subdivision, USS 3218.
Seconded by Mrs. Wasson. Motion carried by unanimous roll call
vote.
radon J. Capes: Mr. Capas asked why Mr. Milligan did not give
permission tor final approval of his plat (Lot 10, Block 1,
Russell Estates and Unsubdivided Portion of USS 1396 (5,075 square
feet). Mr. Milligan explained the proper procedure for
handling the request; stated Mr. Capas had elected to go with
the preliminary plat; the assembly overruled the P E Z denial
at the special meeting of August 23rd and that with a final
plat it should not go back to the planning commission for
review and to check as to whether or not the stipulations have
been met. If approved by the P E Z at the September meeting,
it will go to the assembly at the, October meeting. Mr. Capas
stated that he had submitted a final plat in early July.
The 'assembly agreed_to continue listening to the Capas case
after the 11:00 P.M. cut off time. The consensus was to
continue until 11:30 ?.M.
'1 1 "' '. 1 1 S 5
KIB ASSEMBLY MEETING, SEPTEMBER 7, 1978 PAGE 7
Mr. Capas stated he had not agreed to go with the preliminary
plat. Mr. Peotter moved to consider taking action on this
plat at this meeting as a final plat. _Seconded by_Pir..'!illiams.
Motion carried 5 -1 with Mrs. Kavanaugh casting one 70 vote.
Mr. Williams moved the final plat be approved with the stipula
tion that the corner stakes be properly placed prior_to
recording. Seconded by Mr. Jack. Notion failed 3 -3 with Dr.
Emmick, Mrs. Kavanaugh and Mr. Peotter casting C0 votes. It
was suggested this plat be returned to the P & Z Commission to
take action since it was not a final plat that was acted upon
by the assembly on August 23, 1978.
XIV ADJOURNMENT
The meeting was adjourned by Mayor Wallin at 11:25 P.M.
ATTEST:
4
Borough Clerk /Treasurer