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1987-12/03 Regular MeetingK DIAK ISLAND B17CLXN Regular Assembly Meeting December 3, 1987 A regular meeting of the Kodiak Island Borough Assembly was held RECiJLAR MEETINS December 3, 1987 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. (A verbatim record is on file in the Clerk's office) The invocation was given by Chaplain Henry Wright of the Star of the Sea Chapel, U. S. Coast Guard Station, followed by the pledge of allegiance. There were present: Ken Gregg, Presiding Ann Barker Tan Merriman Absent: Lorne White (Excused) Alan Austennan Jack McFarland Wayne Stevens comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Bob Pederson, Associate Planner Gaye Vaughan, Borough Clerk STEVENS, moved to approve agenda. seconded by AUSTERM4N The items on the consent agenda were read aloud by the Borough Clerk. STEVENS, seconded by ALSTERV14IJ • •- • • ••.•o•o• li254-G_ 4 • S moved to approve consent agenda. A. K.I.B. Assembly Regular Meeting of November 19, 1987. This item was previously approved under the "Consent Agenda." Mayor Selby presented the Employee of the Month to Cathy Morrison in the Finance Department. Ralph Vetter said he would not pay a garbage billing for the first one and one half months of "service" when he says there was no notification of dumpster locations. Melayna Halverson, resident of Woody Way Loop, showed the assembly two pictures of the area where she lives near the new hospital site. She said that property owners thought there would be a green belt between their property and the proposed hospital but said the pictures showed the extent of clear cutting. She noted it was too late to change the devastating effect that occurred in her area, but she expressed the hope that any future projects would be planned differently to take into consideration the community's aesthetic desires rather than proceeding in the most cost effective way. 1>•rOcyk1Wei ky,I I6.III.�.'I CITIZEN'S 00\&U T:S Kodiak Island Borough Regular Assembly Meeting A Hrm\MN, seconded by STEVENS COTE ON M7fION f:T:?R591-dIT7T11 moved to appoint Wilton Wilton, Tom Hendel, APPOINTMENTS TO Beverly Horn, Anthony CONSOLIDATION Cristaldi, Gary Stevens, and OCMMITTEE Chris Blackburn to the Consolidation Canmittee. Unanimous Voice Vote PUBLIC HEARING A. Ordinance No 87-34-0 Amending Chapter 2.39, Boards And ORDINANCE Commissions, By Adding Financial Responsibility. NO. 87-34-0 MCFARLAPD, moved to adopt Ordinance seconded by MERRIMAN No. 87-34-0. The presiding officer called for public testimony. there being none, the assembly was reconvened. .•JI �► u�J �► Ayes: Austenman, Barker, McFarland, Merriman, Stevens, Gregg Noes: None %,L7fE ON MOTION Unanimous The presiding officer recessed the assembly and convened the Board of Adjustment. BOA OF ADJUSTNENT BOARD OF ADJUSTMENT A. An appeal of a Planning and Zoning Commission decision KCDIAK AUDUBON approving a conditional use permit in accordance with SOCIETY APPEAL Section 17.13.030 (Conditional Uses) of the Borough Code to TLGIDAK ISLAND permit resource extraction activities (placer gold mining) in a C--Conservation Zoning District within Portions of Sections 25 and 36, Township 41 South, Range 34 West, Seward Meridian and Portions of Sections 16 and 17, Township 42 South, Range 33 West, Seward Meridian (approximately 200 acres within Trust Claims Numbered 69, 70, 78, 79, and 80) on Tugidak Island. (Applicant: Gary J. Peterson/State of Alaska Department of Natural Resources - Appellant: Kodiak Audubon Society) Bob Pederson, Associate Planner with the K.I.B. C mTunity Devel- opment Department, explained the Planning and Zoning Commission's decision to grant a conditional use permit for resource extrac- tion activities and listed the fourteen conditions of approval attached to the permit. Mr. Pederson read the three "findings of fact" in support of the PSZ Commission's decision and also pointed out that the proposed resource extraction and support activities were generally consistent with the I<IB Coastal Management Program provided the three stipulations were followed. Mr. Pederson answered questions from the assembly regarding enforcement of the conditions. Tan Hendel, K.I.B. Planning and Zoning Commissioner, said the commission felt they had made a valid decision based on the facts and information presented to then over a three month period. He said the conditions imposed by the commission were to minimize any adverse environmental impact on Tugidak Island and its wild- life while still allowing what the commission considered an accepted use. December 3, 1987 Page 2 Kodiak Island Borough Regular Assembly Meeting Mike Anderson, member of the PEZ Commission, noted he was present PLBLIC HEARING to answer any questions. Chris Provost, Kodiak Audubon Society, provided the assembly with KCDIAK ALDUBCN copies of their brief in support of appeal of the granting of SOCIETY APPEAL conditional use permit. He stated that time constraints would TLIGID4K ISLAND not allow a full review of the information and urged the assembly (continued) to study the information. Mr. Provost proceeded to summarize the importance of the evident presented. He said Tugidak Island was recognized by local, state, and international wildlife biologists as a key nesting and feeding area for a wide variety of waterfowl and other migratory birds as well as supporting the largest harbor seal population in the world. He pointed out that the lagoon and near shore waters of Tugidak provided a rich environ- ment for several species of fish and shellfish. He also stated there were three salmon streams on the island and eight archeological sights documented along the lagoon and felt that placer mining could have severe impacts upon the fish and wildlife. He said that ADFEG had asked the commission to deny any permits for placer mining on Tugidak. The Kodiak Audubon Society argued the standards set forth in K.I.B. Code Section 17.67.05 have not be met because the commission failed to address the many resource concerns raised by the agencies and the public. He pointed out that the commission made absolutely no determina- tion about the protection of natural processes and assumed that standard would be incorporated into federal and state stipula- tions. He said it was clear that placer mining on Tugidak Island posed a potential threat to the island's ecosystem and the island was too valuable a public resource to be degraded by placer mining activity. He stated for all the foregoing reasons, the conditional use permit and consistency determination by the commission should be reversed and the application should be remanded with an order to deny the permit. In the alternative, he said the conmission should be ordered to rescind its approval and to reconsider the matter once the state and federal agencies have gathered the needed data and provided their own analysis to the commission. Charles H. Meacham, spoke in support of PEZ Commission decision, on behalf of Gary Peterson, to grant a conditional use permit for a placer mining operation on Tugidak Island. He said the commission had done a thorough job by holding three public hearings and attaching fourteen stipulations to the proposal before approving it. He said Tugidak Island was state land and open to mining with no special federal or state land designation. He said Mr. Peterson had legally staked and filed mining claims and was now trying to obtain the necessary permits to proceed with mining operations. Mining would be confined to intertidal beaches well below vegetation and he said there would be no mining in water. He explained the proposed mining operation. In order to assure compliance with the various stipulations, he said Mr. Peterson has contracted with professional firms to assist him in both monitoring the operations and reporting the information to appropriate agencies. He believed they have presented a responsible, straight forward project that can be conducted on Tudidak Island without significantly impacting wildlife habitat or renewal resources of the area. He noted that approval by the borough was one step in an exacting process. Mr. Meacham responded to questions from the assembly. Bob Pfutzenreuter, spoke in opposition to placer mining on Tugidak Island. He said the whole question boiled down to a biological one and a habitat one which primarily affects the waterfowl and the harbor seals. He brought up a question regard- ing the stability of sand once it had been removed and replaced and thought severe erosion could occur in the lagoon if mining was permitted. He said enforcement on Tugidak Island was going to be a problem because of its remote location. Bill Alwert, a dungeness and tanner crab fisherman who fishes this area, spoke against placer mining on Tugidak Island. He said no one had ever done an impact study showing what would December 3, 1987 Page 3 Kodiak Island Borough Regular Assemmbly Meeting happen to crab if mining took place. He stated crab which is caught in the Tugidak Island area is brought to Kodiak to be processed locally thereby adding to the local economy. He felt placer mining would have an adverse effect on the crabbing in the area. Richard McIntosh spoke against placer mining on Tugidak Island. He said a cause had been made for the existence of significant -- fish and wildlife resources on Tugidak Island; and the effects of the proposed operation on these resources is unknown. He submitted a letter written by Mr. Peterson to the Secretary of the Interior, Donald P. Hodel, stating he had staked 872 mining claims on Tugidak Island. He said the number of these claims should be considered before granting any permit. He felt there should be further studies conducted before mining claims are issued. Dave Menke was concerned about the placer mining operation. He said the current character of Tugidak Island is in its wildlife value. The island is vitally important to emperor geese and harbor seals; as well as serving as a waterfowl nesting area in the summer and as a resting and feeding area during migration. He said the lagoon supported an extensive eelgrass bed which is a very productive habitat for waterfowl. He brought up three additional stipulations to grant- ing a permit which he felt were important if a placer mining operation were to be acceptable. These stipulations were (1) that mining activities be restricted to the period between October 1st and May 1st of each year; (2) that mining activities be monitored by an on -site independent agency and no mining activities allowed without the inspector present. (3) that mining activities be limited to the seaward or east side of the lagoon with no discharge allowed into the lagoon basis. He said it was essential to protect the important wildlife and fisheries resources based in the area and be responsible for protecting coastal habitat. Jeff Stephan, manager of the United Fishermen's Marketing Associ- ation, spoke in support of the National Audubon Society appeal. He said the fact that Tugidak Island was proposed for designation as crucial habitat was of a significant nature. He was concerned about mining activities effect on the productive capabilities of fisheries populations as well as the habitat. He felt it opened the door to further mining activities in the area. He thought a substantial bond should be required if a permit was issued for mining. He commmented on the various stipulations attached to the permit by the P&Z Commission. He also supported the P&Z Commission's decision to deny a conditional use permit for resource extraction activities to Thomas Simnons. Dave Herrnsteen commented via telephone in favor of the appeal by the Kodiak Audubon Society. He said the entire area around Tugidak Island was a major nursery for crab. He was concerned about monitoring the mining activities if the permit was granted. Chris Provost gave a brief sumnary of the testimony. The presiding officer closed the public hearing and reconvened the assembly. Assemblyman Merriman inquired about the economic contribution that Mr. Peterson's placer mining might bring to Kodiak. Assemblyman McFarland said there had not been ample time to review the appeal and he had several questions that needed to be answered. Mayor Selby said he would like to know what other permits were required by other agencies before the mining could take place. He suggested the decision on the appeal be tabled until Decermber 17, 1987 meeting so answers to these questions could be obtained. PIBLIC HEARING KODIAK ALDUBON SOCIETY APPEAL TUGIDQK ISLAND (continued) December 3, 1987 Page 4 �r;�J Kodiak Island Borough Regular Assembly Meeting Assemblyman Austenman wondered if the individuals who testified PUBLIC HEARING on the appeal could be present at the December 17th meeting to answer questions. KCDIAK ALOLBGN SOCIETY APPEAL MCFARLAPD, moved to table to TUGIDAK ISLAND seconded by AUSTEFQv1AN December 17, 1987. (continued) MOTION CARRIED Unanimous Voice Vote The presiding officer called for a ten minute recess. The presiding officer reconvened the Board of Adjustment. B. An appeal of a Planning and Zoning Carmission decision to THCMAS SIMAM deny a conditional use permit in accordance with Section APPEAL 17.13.030 (Conditional Uses) of the Borough Code to permit TUGIDAK ISLAND resource extraction activities (placer gold mining) in a C--Conservation Zoning District within a Portion of Section 27, Township 41 South, Range 33 West, Seward Meridian (approximately 40 acres within Trust Claim Number 50) on Tugidak Island. (Appellant and Applicant: Thomas Simmons - /State of Alaska Department of Natural Resources) The presiding officer explained that Mr. Simmons had written a letter to the Borough Clerk that was somewhat vague and the Clerk had interpreted the letter to be a letter of appeal. Since Mr. Simmons had not responded to the Clerk's letter and was not present to represent himself, the presiding officer declared the appeal as not valid. The presiding officer adjourned the Board of Adjustment and reconvened the assembly. a. •eo. -•� :�•� • •• �, •- Mayor Selby cammented on the Hospital Site plan and the concerns of the citizens about the clear cutting. He said the ground level would be five feet lower than the existing land level now. The original plan called for clearing up to the lot line but the plans have been changed and the clearing will be up to within twenty-five feet of the lot line. He said the trees growing there now tend to be scrub trees because the area is swampy and the plans call for nice landscaping to replace then. He commented on his trip to Washington, D.C. and said he had met with people of key interest to the Kodiak Island Borough. He said he met with Bill Evans, nominated to became the head of National Marine Fisheries; also, with three Congressmen and six Senators who were primarily concerned was the reflagging issue and placing domestic observers on fishing boats in the federal zone. He said there was a lot of support in Congress for both issues. Also, he noted the borough had good support on the Refuge cabin policy. OLD BUSINESS OLD BUSINESS None NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS 1. Road Maintenance Contract Award - Women's Bay Service NCMENIS BAY SERVICE Area AREA ROAD MAINTE- NANCE CONTRACT AWARD STEVENS, moved to award Wonen's Bay seconded by MCFARLAND Service Area Road Maintenance Contract for 1988 to Brechan, Inc. December 3, 1987 Page 5 ?oel Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION NEW BUSINESS Ayes: Barker, McFarland, Merriman, WOVI N'S BAY SERVICE Stevens, Austerman, Gregg AREA ROAD MAINTE- NANCE CONTRACT AWARD Noes: None (continued) \GM ON M7fION Unanimous 2. Road Maintenance Contract Award - Service District No. SERVICE DISTRICT One. NO.1 RDnD MAINTE- NANCE CONTRACT AWAR) AUSTB4vM , moved to award Service seconded by STEVENS District No. 1 Road Maintenance Contract for 1988 to Island Sand and Gravel. VOTE ON MOTION Ayes: McFarland, Merriman, Stevens, Austerman, Barker, Gregg Noes: None VOTE ON MOTION Unanimous 3. Bid Award - Material From Hospital Site. MATERIAL FROM HOSPITAL SITE BID BARKER, move to award landfill AWARD seconded by MERRIMAN preparation contract to Alaska Delta in the amount of $40,287.50. At the request of Assemblymerber Barker, Mayor Selby explained that there is 50,000 cubic yards of over burden (stumps, peat moss, soil, etc) to be removed from the hospital site. This material will be used as cover for the bale fill and he said this award was to prepare an area which doesn't block the current bale fill operation to stock pile this material. The money to pay Alaska Delta will came from the hospital site fund. VOTE ON MOTION Ayes: Merriman, Stevens, Austerman, Barker, McFarland, Gregg Noes: None VOTE ON MOTION Unanimous 4. Change Order Approval - Port Lions Fire Clean Up. PORT LIONS FIRE CLEAN UP - CHANGE MCFARLA D, move to approve Change Order OTEER seconded by STEVENS #3 for Port Lions School in the amount of $56,689.25 and Change Order #4 in the amount of $36,350.00. Mayor Selby explained the plan was to try to work in the replace- ment gym/vocational education facility and at the same time delete part of the finish work (exterior finish on the west end) of the building presently under construction. The proposal is to extend the classroom building with the new gymnasium, Mayor Selby said. He also said the major part of Change Order #4 was to run a six inch water main from the edge of the school property to the facility. December 3, 1987 Page 6 Kodiak Island Borough Regular Assenbly Meeting Austenman Austennan asked several questions about the replacement gym and said he wanted to make sure the new facility would be suitable for the next twenty years. \0TE ON MJTION Ayes: Noes: \OTE ON MDTION B. RESOLUTIONS None Stevens, Austerman, Barker, McFarland, Merriman, Gregg None Unanimous 1. Ordinance No. 87-36-0 Amending Section 18.10.010 Of The Borough Code On Land Acquisition Policies. This item was previously approved in first reading under the "Consent Agenda." 2. Ordinance No. 87-37-0 Rezoning A 17,374 Square Foot Portion Of Lot 10, Block 2, Lakeside Subdivision Fran PL--Public Use Lands To ]--Industrial. This item was previously approved in first reading under the "Consent Agenda." Authorization to Expend Interest from Retainage for Wick Construction. moved to authorize mayor to seconded by MCFARLA D pay Wick Construction an amount not to exceed $69,783.31 for interest on retainage. Mayor Selby explained the borough attorney's opinion on authorizing payment for interest on retainage and the reason for Wick Construction's delay in requesting payment. WTE ON MDT I ON Ayes: Noes: WTE ON MDT ION Aistenman, Barker, McFarland, Merriman, Stevens, Gregg None Unanimous INFCl?ATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS 1. K.I.B. School Board Special Meeting of November 17, 1987 and Regular Meeting of November 23, 1987. 2. K.I.B. Planning and Zoning Carmission Regular Meeting of Noverrber 18, 1987. 1. Status Reports - Community Development, Facilities 2. K.I.B. Financial Report for Noverrber, 1987 3. K.I.B. School District Financial Report for October, 1987. NEW BUS I NESS PORT LIONS FIRE CLEAN UP - CHANGE ORDER (continued) •,=• "Y Vo ORDINANCE ND. 87-37-0 •o • o• •• ► • MINUTES OF OTHER MEETINGS December 3, 1987 Page 7 2/1 Kodiak Island Borough Regular Assembly Meeting CITIZENS' 03AENTS CITIZEN'SCOWENTS Royal Large said he was in favor of the requested conditional use permit. He said it was just the first permit needed toward obtaining a mining permit and he didn't think the borough should be an obstacle. He thought it was in the best interest of the community to encourage mining. ASSEMBLYNBJ'S CO1M8JTS ASSBELYMEN'S C0MNENTS Assemblymmember Barker explained the Hospital Board had attempted to accommodate the property owners with regard to the tree cutting at the hospital site. Assemblyman McFarland asked for some figures to see if it might be possible to build a full size gymnasium in Port Lions. Also, he announced to the villages that no one had responded to the request for a representative to serve on the Consolidation Committee and said they would like to have village representation on the committee. Assemblyman Stevens seconded the ccmnent on the feasibility of building a full size gym in Port Lions. He said the village of Port Lions has the potential of growing over the next twenty years since the village is aggressively pursuing economic development in several areas. Assemblyman Austerman said in Larsen Bay there was the impression what you build in town is not the same grade as built in the villages He thought this was a good opportunity to correct that problem. He requested a report from staff in reference to cost of operations, cost of continuing to develop the dump, and where we are going to go and the financial problems we might be faced with in the future at the landfill. Also, he said the assembly is holding a work session on December 9th to discuss Goals and Objectives and he objected to the date. He said he had envisioned the work session being held in January and told the assembly that he would not be able to attend on December 9th. Assemblyman Merriman referring to the Port Lions School said he was under the impression that the local school advisory board was going to bring forth recommendations and he had not heard what the group had seen fit to incorporate. Mayor Selby responded that the School Board had met with the Port Lions School Advisory Board and their four reccmmnendations are incorporated into the schematics for the school. Assemblyman Gregg inquired about the ownership of the materials for the Port Lions school that will not be used due to the change orders issued. He asked when the assembly would see an audit. Mayor Selby answered that the materials belonged to the borough since the borough paid for then. He said he had seen a draft audit report which had been reviewed and sent back with questions and suggestions for polishing it up because of errors found. It was due September 30th and the Finance Director had been pressing for the final audit. Assemblyman Gregg announced there would be an Effective Lobbying workshop at the Kodiak College Friday and Saturday. Also, there would be a work session on Goals and Objectives on December 9, 1987 and an Assembly/School Board work session on December 10, 1987 at 7:30 p.m. with Senator Zharoff and Representative Davidson in attendance. December 3, 1987 Page 8 7/ ) Kodiak Island Borough Regular Assembly Meeting There being no further business to come before the assembly, the meeting adjourned at 10:50 p.m. ATTEST: s P ding Officer L Decenber 3, 1987 Page 9