12/06/1979 Regular Meetingl o o m 0 0 8 1 4
KODIAK ISLA14D BOROUGH ASSEMBLY MEETING-DECEMBER 6, 1979
(A Verbatim Record is in Record in the Clerk's Office)
I CALL TO ORDER
The meeting was called to order by Mayor Betty J. Wallin at
6:42 P.M. in the Borough Assembly Chambers.
II ROLL CALL
Present
Mr. h llip C. Anderson
Mr. Arnold T. Hansen
Mr. David Herrnsteen
Mr. Dan Ogg
fir. James Peotter
Mrs. Betty J. Wallin, Mayor
-Absent
Mr. Patrick Cannon -excused (ill)
fir. Edward Jack -excused (working)
Mayor ordered the absent members excused. A quorum was
established.
III ACCEPTANCE OF AGENDA
Mayor Wallin added the following: Item VI D OCS Report -Hank
Pennington and Item VI E Letter from David Thompson. Mr.
Iiovanec added Item X Q Award of Contract to Alagnak, Inc.
for the road maintenance district Bells Flats/Russian Creek.
Mr. Hansen moved to delete Item VI A. Seconded by Mr. Ogg.
Motion carried 4-1; Mr. Anderson, fir. Hansen, Mr. Herrnsteen
and Mr. Ogg voted YES with Mr. Peotter casting one 40 vote.
Mr. Hansen moved for acceptance of the agenda as amended.
Seconded by Mr. Anderson. Mayor Wallin so ordered.
IV MINUTES OF PREVIOUS MEETINGS
r A. Assembly -Special -October 27, 1979
B. Assembly -Regular -November 7, 1979
C. Assembly -Special -November 152 1979
Mr. Peotter moved for acceptance of the minutes. Seconded by
Mr. Hansen. Mr. Herrnsteen pointed out that in the minutes of
November 7, 1979 in Item VII A, last paragragh, line 4, page 2
and in Item IX 1., line 24, page 3 "Mr. Jack" should be "Mr.
Herrnsteen". Mayor Wallin directed the corrections be made.
Motion carried by unanimous voice vote.
V MINUTES OF OTHER MEETINGS
A. School Board -October 29 and November 26, 1979
B. Mental Health -October 17, 1979
C. P 6 Z Commission -October 17, 1979
D. Personnel Board -July 17 and November 8, 1979 (see Item X B)
Mr. Peotter moved to acknowledge receipt of Items A, B, C and D.
Seconded by Mr. Ogg. fir. Simpler, personnel board chairman,
clarified the pregnancy insurance clause. Motion carried unani-
mously by voice vote.
VI COMMUNICATIONS E APPEARANCES
Mr. Mason Wade, Corps of Engineers, asked to be heard. He
I�f felt the assembly was remiss in not accepting the flood plain
study (Item A, deleted). Mr. Milligan gave the history and
background of the flood plain plan and explained that the
assembly had requested this study over a year ago. Mr. Ogg
moved that Mr. Wade be allowed to speak on the $20,000 study
and the reservoir. Seconded by Mr. Hansen. Motion carried by
unanimous voice vote. fir. Wade stated the study had nothing
to do with the flood insurance program. He made his presenta-
tion explaining the study and showing what could happen if the-f,,•
lake (Bettinger) should fail in the event of an earthquake. A
large portion of the town would be in the flood plain. It was
also pointed out that the City will keep the reservoir level
substantially below the level Vecommended by the Corps of
hbgingeers which would preclude a flood threat, Mr, Ogg moved
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KIB ASSEMBLY MINUTES-DECEMBER 6, 1979 PAGE 2
to accept the Special Flood Plain Plan as presented. Seconded
by Mr. Hansen. Motion carried by unanimous voice vote.
B. Joint Request from KIB Education Association and School
District -Tom Simpler. Mayor Wallin read the correspondence.
Mr. Ogg moved to submit the name of Arnold Hansen to act as
a possible arbitrator in a personnel grievance. Seconded by
Mr. derrnsteen. Notion carried 4-1 by voice vote with Mr.
Peotter voting NO.
C. P & Z Appointments. Mayor Vallin read the correspondence.
Mayor Wallin recommended the reappointment of John Pugh and
appointment of Tim Mill from the City. Mr. Ogg so moved.
Seconded by Mr. Hansen. Motion carried by unanimous voice vote.
Mayor Wallin recommended reappointment of Ron Sall from outside
the city. Mr. Ogg so moved. Seconded by 'fr. Hansen. Hearing
no objection the mayor so moved.
D. OCS Report -Hank Pennington. Mr. Pennington made his presenta-
tion; he requested a work session of OCS Council, Borough Assembly,
and O.E.D.P. on January 19th. There will be public hearings in
Anchorage on January 29th and 31st. 'requests funds be set aside
for at least one person from the OCS Council to go to Anchorage
to present testimony from this area. He made two formal requests:
1) that the OCS Council by-laws be amended so that an executive
committee could be established and could constitute a quorum in
the absence of a quorum of the council, and 2) that when funds
are available that a staff member be added to the planning
department to review and comment on the many studies that must
be taken care of. This person should have an ecomonic back-
ground. Hr. Milligan stated that the preapplication for the
coastal policy grant has been submitted. Mr. Hansen moved that
an executive committee be established consisting of the chairman,
vice-chairman and three members elected by the OCS Council.
Seconded by Mr. Herrnsteen. Mr. Peotter moved to amend by add-
ing two alternates to be elected by the OCS Council. +mendment
carried by unanimous voice vote. Main motion carried by
unanimous voice vote. Mr. Ogg suggested taking care of the
funding for representation at the Anchorage public hearings at
the January meeting. Mr. Pennington stated that any new staff
member in the planning department should be both an economist
and engineer. Mr. Hansen moved the borough manager be advised
to pursue help for the OCS Council. Seconded by .Mr. iferrnsteen.
:lotion carried by unanimous voice vote.
E. Letter from David Thompson. Mayor Wallin read the corres-
pondence re. 1) Resolution #79-61-R legal counsel fees - feels
these are excessive; 2) Borough manager's contract - urges
expeditious settlement and cooperation with the manager; and 3)
Alaska Coastal Policy Council and Kodiak's plan - urges public
information and community input at an early date. ,To action
necessary.
Recess called at 8:10 P.M.; meeting reconvened at 8:27 P.M.
VII PUBLIC HEARINGS
A. Ordinance 179-39-0 Rezoning Tract J, USS 3218, Lot 2A,
Block 1, Holland Acres, 1st Addition., and Unsubdivided Portion
of USS 3218 from Unclassified to Business (Parson/Zimmer/
1 Rasmussen). Mayor Wallin read the correspondence and ordinance.
Mr. Ogg moved to adopt Ordinance #79-39-0. Seconded by Mr.
Hansen. Closed regular session; opened public hearing.
No one spoke for or against the ordinance.
Closed public hearing; resumed regular session.
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KIB ASSEMBLY MEETING-DECEMBER 62 1979 PAGE 3
explained the zoning of the surrounding properties. Mr.
F+nderson stated he was under the impression that Tract J had
been subdivided into two parts. Mr. Pugh stated that at the
P 8 Z public hearing an overwhelming majority from this area
opposed business zoning along this road. Mr. Ogg moved to
amend Ordinance '!79-39-0 that in the unsubdivided portion of USS
3218 that the 60 feet width connecting Melnitsa Lane South to
Melnitsa Lane Aorth (a sixty foot width across the Northwest
half of this property) be dedicated as a public access ease-
C ment, this being Section 2 of the ordinance. Seconded by 11r.
Hansen. Mr. Peotter felt Mr. Rasmussen should have some input
into this action. Mr. Anderson moved to table Ordinance
#79-39-0 to the next meeting; staff to find out if Tract J is owned
by two people and see if Mr. Rasmussen would give right-of-way
through Lot 5, Crestview subdivision. Seconded by Mr. Hansen.
Motion carried by unanimous roll call vote.
B. Ordinance #79-39-OA Rezoning Tract J, USS 3218 from
Unclassified to Business (Parsons). Mayor Wallin read the
correspondence and ordinance. Mr. Ogg moved for adoption of
Ordinance 079-39-OA. Seconded by Mr. Hansen. Regular session
closed; public hearing opened.
Io comments for or against the ordinance.
Public hearing closed; regular session reconvened. Motion
failed 1-4; Mr. Peotter voted YES with Mr. Anderson, Mr. Hansen,
Mr. Herrnsteen and Mr. Ogg casting NO votes.
C. Ordinance #79-37-0 Rezoning Lots 1 through 31 Port Lions
Subdivision from Watershed to R-1 Single Family Residential
(KANA Housing Authority). Mayor PIallin read the correspondence
and ordinance. Mr. Hansen moved for adoption of Ordinance
#79-37-0. Closed regular session; opened public hearing.
No one spoke for or against the ordinance.
Public hearing closed; regular session reconvened. Motion
carried by unanimous roll call vote.
VIII OLD BUSINESS
A. Re. KANA Housing Authority Request -Appraisal of Kadiak AK
Subdivision, Tracts B, E and Portion of F (Mr. Haney) and
Resolution #79-67-R Sale of Land to KANA Tracts B and E, Kadiak
Ak Subdivision. Mayor Wallin read the correspondence and
Resolution #79-67-R. Mr. Anderson moved to accept Resolution
#79-67-R. Seconded by Mr. Peotter. Mr. Klinkner, attorney,
recommended changes in Sections 2 and 3. Mr. Simmons, KANA
Housing Authority, suggested deleting Section 3 in its entirety.
Mr. Ogg moved to amend to place a period after KIB in Section 2,
Page 1 and delete the remainder of the sentence. Seconded by
Mr. Peotter. Iiotion carried by unanimous roll call vote. Mr.
Peotter moved to amend Section 3 to read "that the total pur-
chase cash price shall be $178,785.00." Seconded by Mr.
Herrnsteen. Amendment carried by unanimous roll call vote.
Main motion as amended failed 2-3; Mr. Anderson and Mr. Hansen
voted YES with Mr. Herrnsteen, Mr. Ogg and Mr. Peotter casting
A0 votes.
A five-minute recess was called at 9:110 P.M. Meeting reconvened
at 9:45 P.M.
IX MAAAGER'S REPORT
No report. Christmas greetings from tie manager.
X NEW BUSINESS
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KIB ASSEMBLY MEETING-DECEMBER 6, 1979
PAGE It
Mr. Ogg moved that Item F be taken up before Item A. Seconded
by Mr. Herrnsteen. Hearing no objection the chair so ordered.
F. Resolution #79-62-R Juvenile Justice Reform. Judge Roy
Madsen gave a presentation. Recommended study of the resolution
stating that he is open to constructive criticism for change.
There should be community input into this problem. Pointed out
that rehabilitation instead of punishment is the goal of
juvenile justice. Stated it Is very difficult to get people to
supervise rehabilitation programs; the harbormaster is one of
the few that has worked with the courts in this program. It
was the concensus that the resolution was rather strongly worded.
Mr. Ogg moved to adopt Resolution #79-62-R. Seconded by Mr.
Herrnsteen. sir. Peotter felt that even with the strong wording
the resolution was recommending reform and was not directed
specifically to Kodiak. Motion failed 1-4; Mr. Peotter voted
YES with fir. Anderson, Mr. Hansen, Mr. Herrnsteen and Mr. Ogg
casting NO votes. Mr. Ogg moved that the manager contact the
court system in order to help out by giving some of our juveniles
jobs. Seconded by Mr. Hansen. Motion carried by unanimous voice
vote.
A. Ratification of Election Judges. Mayor Wallin read the
correspondence. Mr. Hansen moved for ratification of the
election judges as listed. Seconded by Mr. Ogg. Motion carried
by unanimous voice vote. Mr. IIansen moved for setting a special
meeting for the ratifiaction of special election on December 17,
1979 at 6:30 P.M. Seconded by Mr. Ogg. Motion carried by
unanimous voice vote.
B. 1st Reading Ordinance #79-40-0 Amending Class Title & Pay
Range Table of the KIB Personnel Rules 6 Regulations. Ordinance
was read by title only. fir. Hansen moved for adoption of
Ordinance #79-40-0 at first reading. Seconded by Mr. Ogg.
Motion carried by unanimous voice vote.
J C. 1st Reading Ordinance #79-41-0 Amending Sick Leave Pro-
visions of the KIB Personnel Rules 6 Regulations. Ordinance was
read by title only. Mr. Ogg moved for adoption of Ordinance
#79-41-0 at first reading. Seconded by fir. Peotter. notion
carried by unanimous voice vote.
D. 1st Reading Ordinance #79-42-0 Electing the Annual Motor
Vehicle Registration Tax in Lieu of Ad Valorem Property Tax.
Mr. Ogg moved for adoption of Ordinance 979-42-0 at first
reading. Mr. Ogg pointed out that the borough and city should
be in agreement on this matter. Mr. Ilovanec explained what the
supplemental tax roll is. Motion carried 4-1; 'Ir. Anderson,
Mr. Hansen, Mr. Ogg and Mr. Peotter voted YES with Iir. Herrnsteen
casting one NO vote. Mr. Ogg moved that the second reading, public
hearing, be at the special meeting December 17, 1979. Seconded
by Mr. IIansen. Motion carried by unanimous voice vote. The
clerk was directed to contact the newspapers changing the special
meeting of December 15th to December 17th. Mr. Ogg movers, that
Ordinances #79-40-0, #79-41-0 and „79-42-0 public hearin.s be
held at the December 17th special meeting at 6:30 P.M. Seconded
by fir. Hansen. Motion carried by unanimous voice vote.
E. Resolution #79-61-R Relating to Retainer of Borough General
j Counsel. Mr. IIansen moved for adoption of Resolution #79-61-R.
Seconded by Mr. Peotter. Mayor Wallin read the resolutions.
Hotion carried by unanimous roll call vote.
G. Resolution #79-63-R Requesting Approval of the KIB Urbaa.
Area house Numbering. Mr. Milligan explained this was requested
last spring and will be invaluable to all the emergency services.
Mr. Hansen moved for adoption of Resolution #79-63-R. Seconded
by fir. Ogg. Motion carried by vcice vote with Mr. 099 voting NO.
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KIB ASSEMBLY MEETIMO-DECEMBER 6, 1979 PAGE 5
H. Resolution #79-64-R Requesting a Powerline Easement from
Swampy Acres to Bells Flats AK Subdivision (KEA). Mr. Ogg
moved for adoption of Resolution 09-64-R. Seconded by Mr.
Peotter. This land was seledted by KIB from TA'd lands.
Mr. Ogg felt the 100 foot right-of-way should be delineated
in the resolution to include metes and bounds. Mr. Ogg moved
to amend to include the metes and bounds description as in-
cluded in the KEA letter of October 12, 1979. Seconded by I4r.
Peotter. Amendment carried by unanimous voice vote. Main
motion carried by unanimous voice vote.
I. Resolution #79-65-R Subdivision of Lot 17, Russian Creek
AK Subdivision into Two (2) Lots (Harry Lund). Mr. Ogg moved
for adoption of Resolution #79-65-R. Seconded by Mr. Iierrnsteen.
Mr. Milligan stated Mr. Lund had agreed to the easements.
Motion carried by unanimous voice vote.
J. Resolution #79-66-R Subdivision of Lot 21, Block 1,
Monashka Bay Subdivision into Two (2) Lots (Bill 8 Gus Yovino).
Mr. Hansen moved for adoption of Resolution #79-66-R. Seconded
by Mr. Peotter. It was stated that there is no legal access but
he purchas4d the adjoining property for access. I•Ir. Ogg moved to
table until the buildings are placed on the plat. Seconded by
Mr. Ilansen. Motion carried by unanimous roll call vote.
K. Resolution #79-68-R COLA Increase. Mayor Wallin read the
resolution. Mr. Ilansen moved for adoption of #79-68-R.
Seconded by Mr. Peotter. Mr. Ogg moved to amend to change
13.5 percent to 9.5 percent. Motion died for lack of a second.
14r. Peotter moved to table. Motion died for lack of a second.
Mr. Simpler, personnel board, explained the method used in
reaching this figure. Mr. Hovanec stated the borough has funds
for the COLA increase to the end of the year. I4r. Ogg moved to
amend 13.5 percent to 12.0 percent. Net4en died for lack of a
second. 947�.
At 11:00 P.H. the assembly agreed to finish the agenda tonight.
Motion carried 4-1; PIr. Anderson, Mr. Ilansen, Mr. Iierrnsteen
and Mr. Ogg voted YES with Mr. Peotter casting one NO vote.
L. 1st Reading Ordinance #79-38-0 Request for an Amendment to
the Comprehensive Land Use Plan on the Proposed Tract J, USS
1396, from Residential to Business (Tom Saling). Mayor Wallin
read the correspondence. Mr. Hansen moved for adoption of
Ordinance #79-38-0 at first reading. Seconded by Mr. Ogg.
Mr. Milligan explained the location of the property and
recommendation of the P & Z re. Ordinances #79-38-0 and
#79-43-0. Motion failed 2-3; Mr. Hansen and Mr. Ogg voted YES
with Mr. Anderson, Mr. Iierrnsteen and 11r. Peotter casting NO
votes.
M. 1st Reading Ordinance 479-43-0 Rezone Tract J, USS 1396,
from Unclassified to Business (Tom Saling). Mr. Peotter moved
for adoption of Ordinance #79-43-0 at first reading. Seconded
by Mr. Herrnsteen. Motion failed by unanimous roll call vote.
n 14. Rasmussen Library Request. Mayor Wallin read the corres-
pondence. Mayor Wallin directed the clerk to write to the
J University of Alaska informing them where they can get the
requested materials.
0. School District Report of Revenues & Expenditure -October
1979. Mr. Peotter moved to acknowledge receipt. Second d by
11r. Ogg. Motion carried by unanimous voice vote.
P. Monthly Activities Report -October :_9"9. Mr. Hansen ..,oved
to acknowledge receipt. Seconded by Mr. Anderson. Motion
carried by unanimous voice vote.
KIB ASSEMBLY MEETING-DECEMBER u, 1979
PAGE 6
Q. Award of Bells Flats/Russian Creek Creed Road Service Contract
to Alagnak, Inc. 1979-80. Mayor Wallin read the correspondence.
Mr. Ogg moved to award the Bells Flats/Russian Creek Road Service
District contract to Alagnak, Inc. Seconded by Mr. Hansen.
Motion carried by unanimous voice vote.
XI MAYOR'S COMMENTS
1. Requested the three members on the personnel board whose
a terms expire this month be kept in until such time as they are
either replaced or reappointed. Requested advertisement for
the January meeting. Mr. Hansen moved the three encumbents be
retained until advertisements have been made and new names
submitted. Seconded by Mr. Ogg. Motion carried by unanimous
voice vote.
2. Requested a meeting with P 6 Z to discuss the old and new
comprehensive plans, a date to be set in January. Members are
to bring their copies of the plan.
3. Requested two members of the assembly comprise a committee
for Chiniak School problems to monitor and report back to the
assembly on a monthly basis. Mr. Ogg and Mr. Herrnsteen
volunteered.
4. Read memo from Dr. John Anttonen requesting a work session
in mid -February to discuss the impact of facilities development
for the FY 80 budget. Mayor stated Karluk does not want another
modular unit. The meeting will be set up at the earliest
possible date.
5. Reported on meeting of Alaska Coastal Policy Council.
Brought back copies of the plans submitted by four cities for
study.
Mr. Hovanec requested an executive session at the end of the
meeting.
I ; XII ASSEMBLY COMMENTS
Mr. Anderson: None
Mr. Ogg: 1. Feels the Kodiak Regional Authority as suggested
by the borough manager is a good idea and should be studied
and considered. 2. Stated he had received from Mr. Hovanec
the total figure, $14,384.48 on the Royal Large case.
Mr. Hansen: None
Mr. Peotter: Requested the borough calendar be mailed out.
It was explained that the calendars had been mailed to all
assembly members even though Mr. Peotter had not received his.
Mr. Herrnsteen: 1. Prefers having hand out correspondence
as early as possible. Was informed this is the purpose of the
manager's report. Mr. Hovanec suggested he may start a handout
packet for each month. 2. Requested discussing the manager's
contract in executive session.
Mayor Wallin: Re. minority member on personnel board. Mr.
Hovanec was directed to contact Mr. Simpler to find out if
Mr. Halvorsen has responded and whether advertising can be done
Lat this time.
XIII AUDIENCE COMMENTS
Royal Large: Stated he felt he should have been notified of
the KEA easement in Bells Flats/Russian Creek.
Mr. Hovanec: Stated the report on national Flood Insurance is
available.
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KIB ASSEMBLY MEETING-DECEI4BER 6, 1979 PAGE 7
Mr. Ogg moved to go into executive session concerning the
Royal Large case, International Seafoods and Neal & Company
case and report out at the next special meeting. Seconded by
Mr. Hansen. Motion carried by unanimous roll call vote.
XIV ADJOUR14MENT
Mayor !dallin adjourned the regular meeting to executive
session at 11:50 P.M.
ATTEST:
Bor6uglyClerX, Acting