11/06/1980 Regular MeetingKODIAK ISLAND BOROUGH ASSEMBLY MEETING - NOVEMBER 6, 1980
(A Verbatim Record is on File in the Clerk's Office)
I CALL TO ORDER
The meeting was called to order by Mayor Ogg at 6:30 P.M. in the
Borough Assembly Chambers.
II ROLL CALL
Present
Mr. Anderson
Mr. Arndt
Mr. Herrnsteen
Mr. Murray
Mr. Peotter
Mr. Wakefield
Mayor Ogg
A quorum was established.
Absent
Mr. Hansen - excused
Mr. Peotter moved to excuse Mr. Hansen. Seconded by Mr. Herrnsteen.
Uananimous voice vote.
III ACCEPTANCE OF AGENDA
Mayor Ogg requested that Item III A. be changed to read: Results of
the Recount - Oct. 7, 1980 General Election. Under VI Communications
& Appearances, Mayor Ogg added Item F: CTA Architects - Status Report.
Mayor Ogg added, under VIII Old Business to Item F: and renegotiation
of contract between the State and the Borough. Also, under X New Business
he added to Item C: and October 1980 Revenue & Financial Report.
Mr. Herrnsteen moved to accept the agenda as amended. Seconded by Mr.
Wakefield. Unanimous voice vote.
A. Results of the Recount - Oct. 7, 1980 General Election
Mickie Miller, Borough Clerk: Reported the outcome of the Oct. 16 recount
of ballots in hand. There was a (3) vote difference between Mr. Selby
and Mr. Peotter. (Mr. Peotter - 668 and Mr. Selby - 665) The afternoon
mail was picked up approximately 2:00 to 2:30 and at that time we received
the Absentee Ballots that were being looked for from West Point, Uganik
since the Friday before.
(History on the Absentee Ballots)(Reported by Mickie Miller)
On Sept. 22, 1980, a packet for Absentee voting, was sent to West Point,
Uganik. On Oct. 6 at approximately 4:30 PM a phone call was received
via radio from Seal Bay, that the packet had not been received. They
wanted to know if they could make up their own ballots and vote that way,
they were told they could and that it would be verified through the State.
The State said they could. To my knowledge, they did this, they made
them up to the best of their ability, they voted them on the 7th of Oct.
and they went around via boat and collected ten ballots. Nine of which
were registered voters within the Kodiak Island Borough. On Oct. 10,
in the late afternoon, Mrs. Al Owen from West Point came into my office
with her daughter, Mrs. Hazel Jones, and stated that she came in on the
Kodiak Western flight and the ballots came in on the same flight. She
saw them put them in the mail bag and they were on that flight. She
wanted us to be aware of this and to watch for them. On Tuesday, Oct. 14,
we made four physical trips to the post office, the last of which was at
6:15 PM on my way up to the ratification meeting. There were two calls
to the post office. I talked to the postmaster and he checked for these
ballots. Also, that day, one call was made to Kodiak Western and they
stated that they had taken the ballots to the post office that day.
We did not receive the ballots in hand, until the afternoon pickup of
Oct. 16.
KIB ASSEMBLY MINUTES - Nov. 6, 1980
PAGE 2
Wendell Smith, Kodiak Postmaster: I was contacted about four weeks
ago by the Borough Clerk stating that some Ballots had not gotten to
West Point people. They were apparently shipped on the 22nd of Sept..
I made a search of the post office building at that time and could
not find the ballots. I have no idea where they went.
I contacted Mr. Hall at Kodiak Western and a sack was picked up at
West Point on the 10th and they brought it into Kodiak. At that
time they had been told not to bring any late arriving Friday mail
into the post office because it wouldn't get worked until Monday.
Since then they have been requested to bring any mail in as soon as
they get it Friday night or Saturday because there is a crew working
Saturday. Apparently they weren't aware of that. That mail, those
ballots, apparently were in that sack from West Point Friday afternoon.
They were not brought into the post office until Tuesday the 14th
because Monday the 13th was a holiday. We cancelled it at Kodiak
on the 14th. Why the Borough clerk did not get it until the 16th,
I am at a loss to say. I don't know. I am very surprised that
the Borough did not get it until the 16th.
Mr. Wakefield moved to accept the nine ballots the Clerk has certified
as being legal and include them with the existing recount numbers.
Seconded by Mr. Anderson. Motion failed 1-4 with Mr. Peotter absteining.
The Chair would entertain a motion to accept the results of the recount.
Mr. Peotter so moved. Seconded by Mr. Herrnsteen. notion carried 5-1
with ivir. Wakefield casting the NO vote.
Mr. Peotter was declared the winner.
IV MINUTES OF PREVIOUS MEETINGS
A. Assembly - Reg. - Oct. 2, 1980
B. Assembly - Spec. - Oct. 14, 1980
C. Assembly - Spec. - Oct. 29, 1980
Mr. Peotter moved to accept Items A, B, & C. Seconded by Mr. Murray.
Mayor Ogg asked that the Manager give the Assembly members, via mail,
an update on what progress is being made on Mr. Anderson's motion
re: Selief Land Extension and the possibility of Larch Street
emptying out onto Mill Bay between the Masonic Temple & the Harvester.
(Page 2 Item VI C. - 10/2/80 Minutes)
Mayor Ogg issued a veto on the action of the Assembly in a motion made
by Mr. Selby. This motion appears on page 7 of the Oct. 2 Minutes and
it states: "to remove 7.066 acres from Block 3 of Bells Flats AK
Subd. for a buffer to be taken off the north and east sides."
I do not feel that the motion gave clear direction to the staff to fill
the desires of the Borough Assembly and am therefore issuing a veto of
that motion.
Mayor Ogg directed the Manager to correct the Small Cities Block Grant
to reflect the desires of the Assembly as stated in the Special Meeting
of October 14, 1980.
Motion to accept the Minutes carried unanimously.
V MINUTES OF OTHER MEETINGS
A. Bells Flats/Russian Creek Rd. Comm -
B. School Board -
C. O.C.S. - Reg. -
Spec.-
Spec.-
Reg. - Sept. 22, 1980
Spec.- Sept. 30, 1980
Spec.- Oct. 20, 1980
Sept. 9, 1980
Sept. 16, 1980
Sept. 22, 1980
Reg. - Aug. 10, 1980
Spec.- Aug. 17, 1980
Spec.- Sept. 1, 1980
Spec.- Sept.25, 1980
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KIB ASSEMBLY MINUTES - Nov. 6, 1980
PAGE 3
D. Mental Health - Reg. Sept. 17, 1980
E. P & Z - Reg. - Sept. 17, 1930
Mr. Peotter moved to accept Items A, B, C, D & E
Wakefield. Motion carried unanimously.
VI COMMUNICATIONS & APPEARANCES
A. P & Z Appointments
Seconded by Mr.
Mayor Ogg appointed Ms. Deborah J. Walser.
Mr. Peotter moved to ratify the appointment. Seconded by Mr. Herrnsteen.
Motion carried 5-1 with Mr. Arndt casting the NO vote.
Mayor Ogg appointed Mrs. Sharon M. Naughton.
Mr. Herrnsteen moved to ratify the appointment. Seconded by Mr. Wakefield.
Motion failed 3-3 with Mr. Anderson, Mr. Arndt and Mr. Peotter casting
NO votes.
Mayor Ogg appointed Mr. Pat Briggs.
Mr. Peotter moved to ratify. Seconded by Mr. Anderson. Unanimous roll
call vote.
B. Memo: Delinquent Taxes - Shawn Dillon
Mr. Anderson moved not to excuse Mr. Dillon from the delinquency.
Seconded by Mr. Wakefield. Unanimous voice vote.
C. Memo: Oil Spill Conference/OCS Report
Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Wakefield.
Unanimous voice vote.
D. New Liquor License Application/El Chicano Mexican Restaurant
Mr. Peotter moved to voice No Objection. Seconded by Mr. Anderson.
Unanimous roll call vote.
E. O.C.S. Appointments
Mayor Ogg appointed Mr. Tim Blott to the Fishing Industry seat on the
O.C.S. Council.
Mr. Peotter moved to ratify. Seconded by Mr. Herrnsteen.
Unanimous voice vote.
F. CTA Architects - Status Report
Mr. Bob Feldsberg, principal architect on this project, and Mr.
Marty Anderson gave a brief report.
VII PUBLIC HEARINGS
A. Ord. No. 80-43-0 Amending The Comprehensive Land Use Plan From
High Density Residential to Medium Density Residential (2nd Rdg.)
Mr. Peotter moved to adopt Ordinance No. 30-43-0. Seconded by Mr.
Wakefield.
Regular Session closed:
Public Hearing opened:
Art Zimmer: against the ordinance
Sharon Simpler: in favor of R-2 and feels that the present structure
Mr. Zimmer has built is an "eyesore".
Art Zimmer: (rebuttal) cleared with P & Z for the 14-plex, there are
28 parking spaces, the building will be a 2-story and I don't intend
to obstruct the traffic pattern.
Sharon Simpler: (rebuttal) said P & Z would have objected but due
to the size of the lot they had to comply with Mr. Zimmer's request.
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KIB ASSEMBLY MINUTES - Nov. 6, 1980 PAGE 4
Public Hearing closed:
Regular Session opened:
Mayor Ogg read the following letters into the records:
Rachel Rogers: in favor of keeping the area R-2
Martin Wandersee: opposed to construction of more apts. in the area
Roscoe Ingalls: feels the request to change such lots from R-3 to R-2
is a necessity.
Mary Jane Longrich: strongly in favor of the rezoning from R-3 to R-2
of the Leite addition.
Elma A. Day: request the change from R-3 to R-2.
Mayor Ogg read into the record a petition protesting a change of the
existing zoning of Blocks 6 & 8 of the Leite Addition from R-3 to R-2.
The petition was signed by the following:
Art Zimmer
W. Fuller
Rev. Melvin J. Kisser (Assembly of God Church)
Svea Ricks (by Henry Breckberg)
Bonnie Noreen (by Henry Breckberg)
Fred Katelnikoff, Sr.
Mr. Herrnsteen moved to delay action on Item A under Public Hearing until
the end of Old Business. Seconded by Mr. Wakefield. Unanimous voice vote.
B. Ord. No. 80-44-0 Rezoning Certain Lands Within The Borough From
R-3 to R-2 (Area Property Owners)(2nd Rdg.)
Mr. Peotter moved to adopt Ordinance No. 80-44-0. Seconded by Mr. Herrnsteen.
Regular Session closed:
Public Hearing opened:
Art Zimmer: if this is rezoned back to a R-2, they are only creating a
problem which they themselves stand against and I've heard expressed
against, we don't like non -complying land use for uses in those areas.
You would be creating such a situation if you zone back to R-2 at this point.
Sharon Simpler: for reasons previously stated, I am opposed to having a
high residential area built here because of the amount of traffic that we
already have. I would just like to go on record again letting you know,
that I along with many other people in the area are opposed.
Art Zimmer: (rebuttal) quite a bit has been said about the congested area
for parking, I have provided for parking entirely off the street on my
property. I have also complied in keeping the 14-plex 40' from the street
on Mission Road side which was additional set -back required because of its
size.
Mayor Ogg excused Mr. Peotter to speak as a member of the public.
Jim Peotter: property owner and signer of petition; I strongly urge this
assembly to concur with the passage of the request to zone it to R-2.
Ron Ball: (P & Z representative) I think the reason the P & Z voted the
way they did, was to concur with the people that were at the meeting in
regard to the petition.
Sharon Simpler: (rebuttal) we bought our property because it is a
"small residential area."
Myron Severson: for the size of the lots, unless you are qoinq to buy
several lots, you can't put up the size of buildings that Mr. Zimmer
is doing.
KIB ASSEMBLY MINUTES - Nov. 6, 1980
PAGE 5
Public Hearing closed:
Regular Session opened:
Mr. Anderson moved to delay action on Item B under Public Hearing until
the end of Old Business. Seconded by Mr. Wakefield. Unanimous voice vote.
C. Ord. No. 80-45-0 Amending The Comprehensive Land Use Plan From
Public & Open Space to Medium Density Residential (2nd Rdg.)
Mr. Peotter moved to adopt Ordinance No. 80-45-0. Seconded by Mr. Anderson.
Regular Session closed:
Public Hearing opened:
Don Baker: this item came to my attention when I applied for a permit.
I submit that what we have here is basically an oversight and it appears
that the Planning & Zoning agreed with my conclusion.
Public Hearing closed:
Regular Session opened:
Motion carried by unanimous voice vote.
D. Ord. No. 80-46-0 Rezoning Certain Lands Within The Borough From
Rural Residential to R-2 (P&Z Comm.)(2nd Rdg.)
Mr. Peotter moved to adopt Ordinance No. 80-46-0. Seconded by Mr. Anderson.
Regular Session closed:
Public Hearing opened: No Comments
Public Hearing closed:
Regular Session opened:
Motion carried by unanimous voice vote.
E. Ord. No. 80-47-0 Adopting Names & Re -Naming Certain Streets Within
The Kodiak Island Borough (2nd Rdg.)
Mr. Peotter moved to adopt Ordinance No. 80-47-0. Seconded by Mr. Arndt.
Regular Session closed:
Public Hearing opened: No Comments
Public Hearing closed:
Regular Session opened:
Mr. Peotter moved to table Ordinance No. 80-47-0 until the December
meeting. Seconded by Mr. Anderson. Unanimous roll call vote.
VIII OLD BUSINESS
A. Ratification of OCS By -Law Revisions
Mr. Anderson moved to ratify. Seconded by Mr. Herrnsteen.
Mr. Peotter moved to amend the last sentence in ARTICLE III, Section 1 by deletin
the deletion from the City Council, Koniag, Inc. and the Borough Assembly and also
adding at the end and public at -large. Seconded by Mr. Anderson.
Amendment carried by unanimous voice vote.
Motion carried as amended by unanimous voice vote.
B. Status Report on OCS Lease Sales
Mr. Herrnsteen moved to go out for bid and invite proposals for Lease Sale #60
with final environmental impact statement review and the proposed notice of
sale. Seconded by Mr. Arndt. Unanimous voice vote.
C. Res. No. 80-55-R Ratifying Conditions of. Agreement of Sale of
Tracts B & E, Kadiak AK Subd. to the Kodiak Island Housing Authority
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KIB ASSEMBLY MINUTES - Nov. 6, 1980
PAGE 6
Mr. Wakefield moved to adopt Resolution No. 80-55-R. Seconded by
Mr. Anderson. Motion carried 4-2 with Mr. Arndt and Mr. Peotter
casting the NO votes.
D. Disposal of Four Houses Acquired from State
The Chair would entertain a motion to dispose of two of the 3 br. houses:
one (1) to Division of State Parks and one (1) to Headstart.
Mr. Peotter so moved. Seconded by Mr. Anderson. Unanimous voice vote.
E. Parks & Recreation Comprehensive Plan Including Port Lions Plan
The Chair would like to have this deleted at this time and placed in the
Ordinance procedure. Coming up at the December meeting for first reading
and then go through the public hearing process in January.
No objection from the Assembly.
F. Additional Appointments to CZM Technical Committee
Ms. Freed recommended Mr. Peotter as the KIB Assembly Representative.
The Chair would like to concur and appoint:
Mr. Gene Sundberg: Koniag
Mr. Les Anderson: KONCOR
Mr. Tom Peterson :KEDC
Ms. Noreen Thompson: KIBSD
Mr. Tim Blott: Kodiak Seafoods Processors' Assoc.
Mr. Jeff Stephan: United Fishermen's Marketing Assoc.
Ms. hell Waage: Kodiak Halibut Fishermen's Assoc.
Mr. Mike Brechan: Brechan Enterprises
Mr. Dick Sims: Kodiak Area Chamber of Commerce
Mr. William Anderson: USCG
Mr. Dave Nease: KEA
Ms. Mary Jo Simmons: State of AK, Legislative Affairs
Mr. Robert Amesbury: Sea -Land Service
Mr. Peotter: KIB Assembly Rep.
Mr. Herrnsteen moved to ratify the appointments. Seconded by Mr. Anderson.
Unanimous voice vote.
G. Ordinance No. 80-43-0
Mr. Anderson moved to table Ordinance No. 80-43-0 until the December
meeting. Seconded by Mr. Arndt. Unanimous voice vote.
H. Ordinance No. 80-44-0
The Chair would entertain a like motion on Ord. No. 80-44-0.
Mr. Anderson moved to table until the December meeting. Seconded by
Mr. Arndt. Unanimous voice vote.
IX MANAGERS REPORT
1. General Contractors - recommendations and report
Mayor Ogg requested that this be brought to the November Work Session.
2. Report on Risk Management
Consultant will make a report at the next Work Session.
3. Hospital 1979 Audit Report - Charles Bailly Co.
Mr. Peotter moved to have Charles Bailly & Co. audit the Hospital.
Seconded by Mr. Arndt. Motion failed by unanimous voice vote.
4. Approval to advertise for Planner V
Mr. Anderson moved to hire a Planning Director with the job description of
the Planner V to be included in the job description. Seconded by Mr. Arndt.
Motion carried 6-1 with Mr. Murray casting the opposing vote.
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KIB
ASSEMBLY MINUTES
- Nov.
6,
1980 PAGE 7
5. Christmas party plans
December Assembly Meeting
6. Authorize expenditure of up to $2,500 for clean-up of junk cars
Mr. Peotter moved to authorize expenditure not to exceed $2,500 for
removal of junk cars and covering of same. Seconded by Mr. Anderson.
Unanimous roll call vote.
Mr. Peotter moved to continue the Assembly Meeting until 11:45 P.M.. Seconded
by Mr. Herrnsteen. Motion carried unanimously.
7. Disposal of East Elementary trailer - School will advertise
Mr. Peotter moved to authorize the sale as layed out by the Manager.
Seconded by Mr. Wakefield. Unanimous voice vote.
X NEW BUSINESS
A. Ord. No. 80-48-0 Amending The Schedules Relating To Pay Ranges And
Class Titles For Employees Of KIB And Providing An Effective Date (1st Rdg.)
Mr. Peotter moved to adopt Ordinance No. 80-48-0 and to insert on the
third line 8 percent. Seconded by Mr. Herrnsteen. Unanimous voice vote.
B. Ord. No. 80-49-0 Amending KIB Personnel Rules & Regulations,
Section 503 (1st Rdg.)
Mr. Anderson moved to adopt Ordinance No. 80-49-0. Seconded by Mr. Peotter.
Motion failed by unanimous roll call vote.
C. KIB September 1980 Revenue Report & October 1980 Revenue & Financial
Report
Mr. Anderson moved to acknowledge receipt. Seconded by 114r. Herrnsteen.
Unanimous voice vote.
D. KANA/KIB/Mental Health Lease Agreement
Mr. Herrnsteen moved to table until December. Seconded by Mr. Anderson.
Unanimous voice vote.
E. Bid Award for 4KW Generator to Industry Services, Inc.
F. Emergency Generators - Port Lions
(Both E. & F. are same)
Mr. Peotter moved to accept the low bid of $8,308 from Industry Services,
Inc. of Anchorage. Seconded by Mr. Herrnsteen. Motion carried with Mr.
Anderson voicing objection. Mr. Arndt was out of the room.
G. Akhiok School Proposal
Mr. Peotter moved to grant the fees to Mr. Ecklund as pointed out in his
letter for the vertical and horizontal positions of existing utilities
near the proposed school site, tie test pits as located by the soils
Engineer and tie existing surveys for photo control not to exceed $1,500.
Seconded by Mr. Wakefield. Unanimous voice vote.
H. Application for Lease of Lt. 4, Blk 2 Bells Flats AK Subd. - Olafson
Mr. Peotter moved to approve the lease to Mr. Ted Olafson for $123.33
per year. Seconded by Mr. Wakefield. Motion failed by unanimous voice vote.
I. Application for Purchase of Gravel - Povelite
Mr. Herrnsteen moved to approve the sale of $1,000 worth of gravel from
site B-2. Seconded by Mr. Wakefield. Unanimous voice vote.
KIB ASSEMBLY MINUTES - Nov. 6, 1980 PAGE 8
XI MAYORS COMMENTS
1. Letter from L.A. Dutton, Dept. of Natural Resources (Dated 11/24/80)
Re: Shuyak Island Proposed Decision
Mr. Peotter moved that the attorney be directed to proceed with the appeal.
Seconded by Mr. Anderson. Unanimous voice vote.
__. 2. Letter from Brechan Re: Gravel Sites (Dated 11/3/80)
Discuss at November Work Session and also give direction to the Engineer
to draw up a plan for our gravel sites.
3. Alaska Coastal Management Council / Alternate vacancy
I wish to have the support of the Assembly to sit on this as an alternate
and have my name submitted to the Governor to put on as an alternate.
Mr. Herrnsteen so moved. Seconded by Mr. Anderson. Unanimous voice vote.
4. School Budget Rep.
No formal action
5. Requested the Clerk to put the absentee ballots some place in a safe
separate from the other ballots.
6. Requested the Engineer Dept. or Planning Dept. to have one of the
zoning maps done as a comprehensive plan pinned on the wall and
also have a colored zoning map, with each zone in a different color.
XII ASSEMBLY COMMENTS
Mr. Anderson: Land being sold by Mr. Grothe in Russell Estates is not
according to ordinances. Being sold by metes and bounds, there is no plat.
He should get it straightened out according to the code. I'm against the
way he is doing it.
4r. Peotter moved that the Attorney make an interpretation for the Borough
Engineer so that it can be clarified. Seconded by Mr. Wakefield. Unanimous
voice vote.
Mr. Peotter: No Comments
Mr. Herrnsteen: Would like to have a definition for Light & Heavy Industrial,
also Contract Zoning.
Mayor Ogg requested that Mr. Snyder inform the Planning & Zoning Commission that
they are to come up with a definition for Light & Heavy Industrial and also to
come up with Contract Zoning however they see fit. Work with Mr. Garnett.
Mr. Wakefield: No Comments
Mr. Murray: Question regarding the petition: Whether or not it is valid for
Mr. Katelnikoff to have signed both petitions?
XIII AUDIENCE COMMENTS
Ron Ball: Since there is no Planning Director, the P&Z has questions come
up which have to be answered and it does involve getting in touch with the
Attorney. Would like permission to contact him directly.
Mayor Ogg, with no objection from the Assembly, gave the go ahead since there is
no Planner.
We would like to have a joint Work Session with Assembly, Nov. 26 at 7:00 PM.
We would like to have a P&Z member attend all Assembly Meetings and have it
on the agenda as the first item under Communications & Appearances.
We would like to know the exact functions of the P&Z Commission according to
Title 29 and the Borough Code. Think there should be some definite guide-
lines worked out.
We would like you to direct the Manager to come to one of our Work Sessions
or one of our Meetings.
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KIB ASSEMBLY MINUTES - Nov. 6, 1980
PAGE 9
XIV ADJOURNMENT
Mayor Ogg adjourned the meeting at 12:17 PM.
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