12/06/1979is in Record in the Clerk's Office)
KODIAK ISLAND BOROUGH ASSEMBLY MEETI;IG DECEMBER 6, 1979
(A Verbatim Record
I CALL TO ORDER Wallin at
The meeting was called to order by Mayor Betty J.
6; 42 P.M. in the Borough Assembly Chambers.
II ROLL CALL
Absent
Present Abbe Patrick Cannon - excused (ill)
H oldp C. Anderson ,t Edward Jack - excused (working)
Mr. Arnold T. IIansen
ilr. David Herrnsteen
Mr. Dan Ogg
Mr. James Peot Wallin, Mayor
Mrs. Betty J. , quorum was
Mayor ordered the absent members excused. A 4
established.
III ACCEPTANCE OF AGENDA Item VI D OCS Report -Hank
Mayor Wt added the following: from David Thompson. :1r.
Award of Contract to Alagnak, Inc.
Pennington and Item VI E
f o r t e added Item X Q an Ogg.
for the road maintenance districV2�l`11s$zcondedubyian Creek. Item
Mr. Hansen moved to M delete . derson, Mr. Hansen, Mr. Herrnsteen
and carried voted YES with 4-1; Y nr. Peotter casting one 'i0 vote.
and Ha. egg
Me. Hansen res for acceptance of the agenda as amended.
Seconded d eb by Mr. Anderson.
Mayor Wallin so ordered.
IV HAUTES OF PREVIOUS MEETINGS
A. Assembly - Special - October 27, 1979
B, Assembly- Regular - November 7, 1979
C. Assembly- Special - November 15, 1979
di t co
Mr. r, Peotter moved for acceptance of the minutes. utes. Seconded Y
Mr. Hansen. 1179 Herrnsteen pointed out that in the minutes of
last paragragh, line 4, page
and /A I te em IX , I in i ., lWnem VIe 24, , page a,e 3 "Mr. Jack" should be - Mr.
and a Wallin Herrnsteen". Mayor 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 8 Z Commission - October 17, 1979 8, 1979 (see Item X 0)
D. Personnel Board -July B C and
Hr. Peotter moved to acknowledge receipt of Items A, D.
Seconded by Mr. Ogg. :Ir. Simpler, personnel board chairman,
clarified the pregnancy insurance clause. Motion carried unani-
mously by voice vote.
VI COMMUNICATIONS S APPEARANCES
i Corps of Engineers, asked to be heard. He
lain
.Mr. Mason saes p the flood p
stu the assembly was remiss in not a gave study (Item A, deleted). �Ir. 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
��r. Wade stated the study had nothing
ran He made his presenta
unanimous voice vote. happen if tha ���'
to do with the flood study sh ow i ng what could hapP taif.
l ike (Hettinger) the was
portion o
lake (Hettinger) should fail in the even of an earthquake
large p of the town would be in the flood plain. It the reservoir level
also kointed out that the 'City r e l n mme e d e <'- by the Corks of
1 r) ' ? (1 3 1 `1
1 1 1 1 2 n n 3 1 7
i(IB ASSEMBLY MINUTES-DECEMBER 6, 1379 PAGE 2
to accept the Special Flood Plain Plan as presented. Seconded
by ! {r. 'Jansen. Motion carried by unanimous voice vote.
B. Joint Request from ::I3 Education “ssociation and School
District -Tom Simpler. dayor dallin read the correspondence.
iir. Ogg moved to submit the name of irnold Hansen to act as
a possible arbitrator in a personnel grievance. Seconded by
Ur. derrnsteen. aotion carried 4 -1 by voice vote with iir.
Peotter voting JO.
C. P & Z Appointments. 'iayor lallin read the correspondence.
iayor Wallin recommended the reappointment of John Pugh and
appointment of Tim Hill from the City. Ur. Ogg so moved.
Seconded by Mr. Hansen. liotion carried by unanimous voice vote.
?ayor Wallin recommended reappointment of Ron Dail from outside
the city. iir. Ogg so moved. Seconded by :1r. 3ansen. Hearing
no objection the mayor so moved.
.). OCS Report -Hank Pennington. Ur. Pennington made his presenta-
tion; he requested a work session of OCS Council, dorough Assembly,
and O.E.D.P. on January 19th. There will be public hearings in
Anchorage on January 29th and 31st. .tequests funds be set aside
for at least one person from the CCS Council to go to Lnchorage
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
. epartment to review and comment on the many studies that must
be taken care of. This person should have an ecomonic back -
ground. dr. '.lilligan stated that the preapplication for the
coastal policy grant has been submitted. :'.r. 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. :Ierrnsteen. Ur. Peotter moved to amend by add-
ing two alternates to be elected by the CCS Council. \mendment
carried by unanimous voice vote. : lain motion carried by
unanimous voice vote. iir. Org suggested taking care of the
funding for representation at the (mchorage 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. Hr. Hansen moved the borough manager be advised
to pursue help for the OCS Council. Seconded by .lr. ;;errnsteen.
lotion carried by unanimous voice vote.
E. Letter from David Thompson. Mayor 'lallin read the corres-
pondence re. 1) Resolution f'ii79 -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 Xodiak's plan - urges public
information and community input at an early date. ;o action
necessary.
Recess called at 8:10 P.M.: : neeting reconvened at 8:27 P.M.
VII PUBLIC HEARINGS
A. Ordinance &79 -39 -0 Rezoning Tract J, USS 3218, Lot 2f1,
Block 1, tioiland Acres, ist : ..dition., and unsubdivided Portion
of USS 3218 from Unclassified' to Business (Parson /Limmer/
Rasmussen). Mayor Wallin read the o orrespondence and ordinance.
Mr. Ogg moved to adopt Ordinance c79 -39 -0. Seconded by Ar.
Hansen. Closed regular session, opened public hearing.
rvo one spoke for or against the ordinance.
closed public hearing; resumed regular session.
) 1 1 -i 2 1 3 1
KIB ASSEMBLY MEETIJG- LECEHBER 5, 1979 PAGE 3
explained the zoning of the surrounding properties. Mr.
rnderson stated he was under the impression that Tract J had
been subdivided into two parts. iir. Pugh stated that at the
P 6 Z public hearing an overwhelming majority from this area
opposed business zoning along this road. ar. Ogg moved to
amend Ordinance ::79 -39 -0 that in the unsubdivided portion of USS
3218 that the 60 feet width connecting itelnitsa Lane South to
itelnitsa Lane ,forth (a sixty foot widtn across the Northwest
nalf of this property) be dedicated as a public access ease-
ment, this being Section 2 of the ordinance. Seconded by :tr.
Hansen. Mr. Peotter felt dr. aasmussen should have some input
into this action. Hr. !Alderson moved to table Ordinance
479 -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 -0A Rezoning Tract J, USS 3218 from
Unclassified to Business (Parsons). Mayor 'Wallin read the
correspondence and ordinance. Mr. Ogg moved for adoption of
Ordinance 579- 39 -0A. Seconded by Mr. Hansen. Regular session
closed; public hearing opened.
lo comments for or against the ordinance.
Public hearing closed; regular session reconvened. lotion
failed 1 -4; Mr. Peotter voted YES with Hr. / nderson, Mr. Hansen,
Mr. fierrnsteen and Mr. Ogg casting :a0 votes.
C. Ordinance 479 -37 -0 Rezoning Lots 1 through 31 Port Lions
Subdivision from :latershed to -1 Single Family Residential
(KANA Housing Authority). Mayor 'Wallin read the correspondence
and ordinance. Mr. ;.ansen moved for adoption of Ordinance
479 -37 -0. Closed regular session; opened public hearing.
Ho 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. KAiiA Housing Authority Request - Appraisal of Kadiak AK
Subdivision, Tracts B, E and Portion of F (Mr. Haney) and
Resolution 479 -67 -R Sale of Land to KANA Tracts C and E, Kadiak
Ak Subdivision. Mayor Wallin read the correspondence and
Resolution 479 -67 -R. Mr. Anderson moved to accept Resolution
479 -67 -R. Seconded by Mr. Peotter. Mr. Xlinkner, attorney,
recommended changes in Sections 2 and 3. Mr. Simmons, KANA
Housing Authority, suggested deleting Section 3 in its entirety.
Hr. Ogg moved to amend to place a period after KIB in Section 2,
Page 1 and delete the remainder of the sentence. Seconded by
dr. Peotter. Notion 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.
ilain motion as amended failed 2 -3; Mr. Anderson and Mr. Hansen
voted YES with Mr. Herrnsteen, Hr. Ogg and Mr. Peotter casting
,.O votes.
IX MANAGER'S REPORT
X ::EW BUSLJESS
A five - minute recess was called at 9:40 P.M. Meeting reconvened
at 9:45 P.N.
No report. Christmas greetings from tie manager.
B. 1st Reading Ordinance ;09 -40 -0 emending Class Title & Pay
Range Table of the i:IB Personnel Rules 6 Regulations. Ordinance
was read by title only. Hr. Hansen moved for adoption of
Ordinance 79 -40 -0 at first reading. Seconded by ':r. Ogg.
Motion carried by unanimous voice vote.
C. 1st Reading Ordinance x'79 -41 -0 !'.mending Sick Leave Pro-
visions of the KIB Personnel Rules & Regulations. Ordinance was
read by title only. Mr. Ogg moved for adoption of Ordinanca
1179 -41 -0 at first reading. Seconded by F;r. Peotter. Motion
carried by unanimous voice vote.
D. 1st' Reading Ordinance 979 -42 -0 Electing the Annual Motor
Vehicle Registration Tax in Lieu of bd Valorem Property lax.
Mr. Ogg moved for adoption of Ordinance C79 -42 -0 at first
reading. Mr. Ogg pointed out that the borough and city should
be in agreement on this matter. iir. I_ovanec explained what the
supplemental tax roll is. Motion carried 4 -1; :Ir. Anderson,
Mr. Hansen, Mr. Ogg and Mr. Peotter voted YES with Mr. Herrnsteen
casting one JO vote. Mr. Ogg moved that the second readi.uu, public
hearing, be at the special meeting December 17, 1979. Seconded
by Mr. Hansen. Motion carried by unanimous voice vote. The
clerk was directed to contact the newspapers changing tha special
meeting of iecember 15th to December 17th. Mr. Ogg move'. that
Ordinances #79 -40 -0, 979 -41 -0 and ;179 -42 -0 public hearin s be
held at the December 17th special meeting at 6:30 P.M. ; econded
by tir. Hansen. notion carried by unanimous voice vote.
E. Resolution 1:79 -61 -R Relating to Retainer of Borough fleneral
Counsel. Mr. Hansen moved for adoption of Resolution it ° 9 -61 -R.
Seconded by Mr. Peotter. Mayor Wallin read the resolutio "
:lotion carried by unanimous roll call vote.
G. Resolution :179 -63 -R Requesting Approval of the NIB Urba ..
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 rt79 -63 -R. Seconded
by tir. Ogg. Notion carried by voice vote with Mr. Ogg voting :40.
l
1 1 1 •' '
1 1
KIS ASSEMBLY MEETI :G- ,.ECEi1BER 6, 1979 PAGE 4
Ogg moved that Item F he taken up before Item A. Seconded
by itr. Herrnsteen. Hearing no objection the chair so ordered.
F. Resolution ;179 -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.
Hr. Ogg moved to adopt Resolution #79 -62 -R. Seconded by Er.
Herrnsteen. Hr. Peotter felt that even with the strong wording
the resolution was recommending reform and was not directed
specifically to Kodiak. iotion failed 1 -4; 'Ir. Peotter voted
YES with Mr. Anderson, Mr. Hansen, :Ir. Herrnsteen and Hr. Ogg
casting :1O 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. :iotion carried by unanimous voice
vote.
A. Ratification of Election Judges. r;ayor I'a11in read the
correspondence. Mr. Hansen moved for ratification of the
election judges as listed. Seconded by Hr. Ogg. Motion carried
by unanimous voice vote. Mr. Hansen 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.
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KIB ASSEMBLY MEETING - DECEMBER 6,
1979 PAGE 5
H. Reolutin 70werline tor. Ogg
Swamp Y s
moved for adoption of Resolution iS79 - 64 - R. Seconded by :1r.
Peotter. This land was selected by KIB from TA'd lands.
, 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 Jr.
Peotter. Amendment carried by unanimous voice vote. :lain
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�movedeen.
for adoption of Resolution #79-65-R. Seconded by
Mr. Milligan stated Hr. 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 & Gus Yovino).
Mr. Hansen moved for adoption of R.osolution h79 -66 -R. Seconded is
by Mr. Peotter. It was stated that there isss no legal Oacccessebuto
he purchas4d the adjoining pro P y for Seconded by
table until the buildings are p sthe plat. saatt. . vote.
Hr. Hansen. notion carried by
K. Resolution #79 -68 -R COLA Increase. Mayor 9allin read the
resolution. Mr. Hansen moved for adoption of 079 -68 -3.
Seconded by Ir. Peotter. Mr. Ogg moved to amend to change
Mr.SPeottertmoved to tablet Mlotionndiedaforrlackkoff a
a second.
Ir. 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. Or. Ogg moved to
amend 13.5 percent to 12.0 percent. j for lack of a
second. C�'/
At 11:00 P.il. the assembly agreed to finish the agenda tonight.
Motion carried 4 -1; Hr. Anderson, Hr. Hansen, Ir. Herrnsteen
and Mr. Ogg voted YES with Mr. Peotter casting one JO vote.
L. lot Reading Ordinance 179 -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 °!allin
read the correspondence. Mr. Hansen moved
ovednfor by p tion go f
Ordinance #79 -38 -0 at first reading.
Mr. Milligan explained the location of the property and
recommendation of the P & Z re. Or #79- 38- 0gandted YES
#79 -43 -0. Notion failed 2 -3;
with Mr. Anderson, Mr. Herrnsteen and Jr. Peotter casting NO
votes.
M. 1st Reading Ordinance 479 -43 =0 Rezone Tract J, USS 1396,
from Unclassified to Business (Tom Saling). Mr. Peottercmoved
for adoption of Ordinance #79 -43 -0 at first reading.
by Mr. Herrnsteen. Motion failed by unanimous roll call vote.
11. Rasmussen Library Request, Mayor 'Wallin read the corres-
pondence. Mayor Wallin directed the clerk to write to the
University of Alaska informing them where they can get the
requested materials.
0. School District Report of Revenues 6 Expenditure - Octobe
1979. Mr. Peotter moved to acknowledge receipt. Second d by
Mr. Ogg. Motion carried by unanimous voice vote.
P. Monthly Activities Report - October :9-9. Anderson. Mr. ansen - ove :t
to acknowledge receipt. Seconded by Hr.
carried by unanimous voice vote.
1
KIB ASSEMBLY MEETING- DECEMBER 5, 1979 PAGE 6
Q. Award of Bells Flats /Russian Creels Creed .toad Service Contract
to Alagnak, Inc. 1979 -80. Mayor 1allin read the correspondence.
Mr. Ogg moved to award the Sells Flats /i2ussian Creek Road Service
District contract to Alagnak, Inc. Seconded by Mr. Hansen.
Motion carried by unanimous voice vote.
1
r o i l? in 9 1 9
XI MAYOR'S COMMENTS
1. Requested the three members on the personnel board whose
terms expire this month be kept in until such time as they are
either replaced or reappointed. Requested advertisement for
the January meeting. Er. Hansen moved the three encumbents be
retained until advertisements have been made and new names
submitted. Seconded by tir. Ogg. Motion carried by unanimous
voice vote.
2. Requested a meeting with P 8 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 90 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.
XII ASSEMBLY COMMENTS
J Mr. Anderson: None
Mr. 00 g: 1. Feels the Kodiak Regional Authority as suggested
by byteborough manager is a good idea and should be studied
and considered. 2. Stated he had received from Mr. Hovanec
the total figure, 514,384.48 on the Royal Large case.
Mr. Hansen: None
Mr. Peotter: Requested the borough calendar be mailed out.
I t 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 '.Jallin: Re. minority member on personnel board. Mr.
Hovanec was directed to contact Ur. Simpler to find out if
Mr. Halvorsen has responded and whether advertising can be done
at this time.
XIII AUDIENCE COMMENTS
Royal Large: Stated he felt he should have been notified of
the KEA easement in Bells Flats /Russian Creek.
Stated the report cn :'ational Flood Insurance is
Mr. Hovanec:
available.
KIB ASSEMBLY MEETING- DECEMBER 6, 1979 PAGE 7
Nr. 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. :lotion carried by unanimous roll call vote.
ATTEST:
i 1 1 2 r1 1 2 fl
XIV ADJOURNMENT
Mayor Wallin adjourned the regular meeting to executive
session at 11:50 P.M.
.orOug lerk, Acting
l��