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1987-12-17 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting December 17, 1987 A regular meeting of the Kodiak Island Borough Assembly was held December 17, 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 the Reverend James Richie of the Faith Baptist Church, followed by the pledge of allegiance. There were present: Lorne White, Presiding Alan Austerman Ann Barker Ken Gregg Jack McFarland (7:38 P.M.) Tom Merriman Wayne Stevens comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Gaye Vaughan, Borough Clerk APPROVAL OF AGENDA GREGG, seconded by AUSTERMAN WITHOUT OBJECTION, SO ORDERED CONSENT AGENDA GREGG, seconded by STEVENS moved to approve agenda with addition 1988 Assembly Meeting Dates under "Other Items." moved to approve consent agenda. The items on the consent agenda were read aloud by the Borough Clerk. WITHOUT OBJECTION, SO ORDERED APPROVAL OF MINUTES A. K.I.B. Assembly Regular Meeting of December 3, 1987. This item was previously approved under the "Consent Agenda." CITIZEN'S COMMENTS Mary Harder voiced her concern about senior citizens property tax exemption for those who have forgotten to file or those who are unaware of the property tax exemption for citizens who are sixty-five years old. Sherri Saunders, Safety Chairman - East Elementary PTA, said there were problems surrounding the Mill Bay, Von Schelle and Benny Benson roadways and high priority has been given to solving them by the PTA. These roadways fall within the one and one half mile radius so bus service is not provided students, she noted. She said the only place for students to walk on Von Schelle road was in the road. She thought the area on Mill Bay and Von Schelle Roads should be made a school zone with slower speed limits. She asked the assembly for assistance in solving the problems in the area. (Clerk's Note: Assemblyman McFarland arrived.) Mayor Selby responded by saying that street lights have been ordered for Benny Benson and will be installed when received. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF CONSENT AGENDA APPROVAL OF MINUTES CITIZEN'S COMMENTS I �j Kodiak Island Borough Regular Assemlby Meeting Also, there would be some lighting installed between East Elemen- CITIZEN'S COMMENTS tary and Woody Way, he noted. Regarding Von Schelle Road, Mayor Selby said there was no power along the roadway so cost estimates were being prepared. A cross walk would be painted on Mill Bay Road and the state had been asked to increase the school zone to include that area, he said. Oliver Holm, secretary of the Kodiak Regional Aquaculture Association, requested economic development funds for three salmon rearing pens at Kitoi hatchery. Tim Joyce, Kitoi hatchery manager, explained the operation that releases 90-100 million salmon fry each spring. He stated the hatchery had rearing capacity for only 20 million fry at the present time. The KRAA purchased seven pens with cost recovery monies, however, three additional pens are needed to rear all the fish produced by the hatchery. The cost for the three pens would be $20,000 and the amount of money generated from these three pens to the Kodiak area would be over $500,000 per year. Okey Chandler spoke regarding a lot on Anton Larsen Island and the problems an individual is having building on it. COMMITTEE REPORTS A. Appointments to Boards And Commissions. COMMITTEE REPORTS STEVENS, moved to appoint Tom Hendel APPOINTMENTS TO seconded by GREGG (3 year term) and John Hartt PLANNING & ZONING (1 year term) as city COMMISSION representatives and Mike Anderson (3 year term) and Mary Lou Knudson (2 year term) as borough representa- tives to the Planning and Zoning Commission. MOTION CARRIED Unanimous Voice Vote GREGG, moved to appoint to Boards APPOINTMENTS TO BOARDS seconded by MERRIMAN and Commissions the follow- AND COMMISSIONS ing listed individuals: Personnel Board Parks & Recreation Board Mary McFarland (2 yr) Jim Cobis (3 yr) Mary Monroe (2 yr) Tom Watson (3 yr) Pat Borger (2 yr) Board of Equalization Hospital Advisory Vickie Case (3 yr) Ben Ardinger (3 yr) James Carmichael (3 yr) Betty Springhill (3 yr) Tim Hurley (1 yr) Mental Health Building Bd of Appeals Jane Nuttall (3 yr) Cliff Ford (3 yr) Sharon Been (3 yr) Frances Cater (3 yr) Architectural Review Economic Development Roger Lackman (3 yr) Tim Ward (3 yr) Kyle Taylor (3 yr) MOTION CARRIED Unanimous Voice Vote B. Appointments to Consolidation Committee. AUSTERMAN, seconded by MCFARLAND MOTION CARRIED moved to appoint Sven Haakanson of Old Harbor and Helen Wise of Port Lions to the Consolidation Committee. Unanimous Voice Vote APPOINTMENTS TO CONSOLIDATION COMMITTEE December 17, 1987 Page 2 Kodiak Island Borough Regular Assemlby Meeting PUBLIC RRARING PUBLIC HEARING A. Ordinance No. 87-35-0 Adding Section 3.32.020, Motor Vehicle ORDINANCE Registration Tax, Allocation. NO. 87-35-0 GREGG, moved to adopt Ordinance seconded by MERRIMAN No. 87-35-0. --- The presiding officer called for public testimony. Okey Chandler.thought the state of Alaska collected the taxes for the borough and inquired why another ordinance was necessary. Mayor Selby responded that the borough was required under state law to specify where the motor vehicle registration tax money was allocated. The presiding officer closed the public hearing and reconvened the assembly. VOTE ON MOTION TO ADOPT Ayes: Austerman, Barker, Gregg, McFarland, Merriman, Stevens, White Noes: None MOTION CARRIED Unanimous The presiding officer recessed the assembly and convened the Board of Adjustment. BOARD OF ADJUSTMENT BOARD OF ADJUSTMENT An appeal of a Planning and Zoning Commission decision to place conditions on granting preliminary approval of a subdivision of Alaska State Land Survey No. 86-136, Terror Lake Hydroelectric STATE OF ALASKA Project subject to conditions. (Appellant: State of Alaska, TERROR LAKE APPEAL Department of Natural Resources, Division of Land and Water Management) Dave Crowe, borough engineer, stated the Planning and Zoning Commission had heard this case in September. He said the prelim- inary plat was submitted by DNR on behalf of APA with whom they have either easement agreements or land use agreements for tracts in the Terror Lake Hydroelectric Project. He said the borough code does not require plating of any easements themselves but in this case the state chose to file a plat creating tracts which encompass areas on state land in the Terror Lake Hydro Project. The staff position was that inasmuch as easements were being plated then all easements on contiguous lands involved in the Terror Lake Project which are owned by the KIB, Ouzinkie Native Corporation, Afognak Native Corporation, and private land owners in the Port Lions area should also be plated with the center lines of the easements and references showing the width to the easements. Mr. Crowe referred to a map of the area and answered questions from the assembly. Tom Hendel, Planing and Zoning Commission representative, said the commission had been inclined to follow the borough engineer's recommendations on the technical aspects regarding monumentation and inclusion of easements. The commission felt the transmission lines were an integral part of the Terror Lake Project and ease- ments should be surveyed and recorded in view of possible future development in the area, he stated. December 17, 1987 Page 3 Kodiak Island Borough Regular Assemlby Meeting I Paul Stall, state of Alaska Attorney General's Office, said that all easements on borough land will appear on the plat. He stated that the Kodiak Island Borough had adopted Title 36 of the state code providing for certain requirements and quoted KIB Code 16.40.040(6)(d) requiring dedicated rights -of -way, patent reserves, road easements, and reservation and other constructed roadways located within and abutting the area to be plated, including right of way widths. He said the question that the assembly had to address was "Are power lines that are fourteen miles from the area to be subdivided 'abutting?"' He said the only way the state could be required to plat the area was if the assembly determined the power lines "abut" the area to be plated. He defined the term "abut" and submitted that Items 2 and 4 of the P&Z requirements do not fall within the definition. In summarizing, Mr. Stall said the borough should require all parties who are subdividing to comply with borough ordinances and regulations. However, he said it was not a valid reason to require the state to plat an area that was not required by law to be plated because it might be convenient to some future property owner. Mayor Selby inquired what the state's position would be if a Kodiak Island Borough resident were to build a structure that encroached on the easement. Tom Arminsky with the Alaska Power Authority said that he had a discussion with Bryce Gordon, borough building inspector, regard- ing the borough's building permit requirements for a structure that might encroach on these transmission lines. He said Mr. Gordon told him that one of the requirements to obtain a building permit was filing a plot plan depicting all the property lines and easements so this problem could not occur. It was the state's understanding that the property owner who wishes to subdivide would provide a survey depicting the easements. A discussion followed between Mr. Arminsky, Mayor Selby and the assembly. GREGG, seconded by BARKER moved to overturn P&Z decision by striking all of Condition Number 4 and changing Number 2 to read: "Include all transmission line easements across Kodiak Island Borough -owned land." Assemblyman Gregg felt fourteen miles was an unreasonable inter- pretation of "to abut" and thought this motion would be an alternative to remanding the problem back to P&Z for a new decision. In response to Presiding Officer White inquiry as to whether the assembly was going to issue findings of fact, Assemblyman Gregg responded it would be sufficient for the assembly to determine the term "to abut" should not be interpreted to mean fourteen miles. Assemblyman McFarland felt the burden would be with the future property owner to obtain an easement and he thought the state's position was unclear. Assemblyman Stevens questioned Item M in the "Authorization to Enter K.I.B. Land" stipulations regarding rights -of -way for the transmission line and asked if it pertained only to borough owned land or included land for the entire transmission line? A discussion followed regarding the interpretation of the meaning of rights -of -way for the transmission line in the agreement. PUBLIC HEARING STATE OF ALASKA TERROR LAKE APPEAL (continued) December 17, 1987 Page 4 21� Kodiak Island Borough Regular Assemlby Meeting VOTE ON MOTION PUBLIC HEARING Ayes: Gregg, Austerman, White STATE OF ALASKA TERROR LAKE APPEAL Noes: Barker, McFarland, Merriman, (continued) Stevens MOTION FAILED 3 Ayes, 4 Noes AUSTERMAN, moved to table for findings seconded by BARKER of fact from Planning & Zoning Commission. VOTE ON MOTION TO TABLE Ayes: Gregg, McFarland, Merriman, Stevens, Austerman, Barker, white Noes: None MOTION CARRIED Unanimous The presiding officer recess the Board of Adjustment and reconvened the assembly. He called for a ten minute recess. The presiding officer reconvened the assembly. MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby wished everyone a "Merry Christmas" and a "Happy New Year." He also requested some sort of interviewing process be developed regarding appointments to boards. He felt that when seats come open, especially where there are more applicants than seats available, the applicants should be extended the courtesy of an interview and an opportunity to express their strengths and desires for serving on a board. OLD BUSINESS OLD BUSINESS The presiding officer recessed the assembly and convened the Board of Adjustment. BOARD OF ADJUSTMENT BOARD OF ADJUSTMENT An appeal of a Planning and Zoning Commission decision approving a conditional use permit in accordance with Section 17.13.030 KODIAK AUDUBON (Conditional Uses) of the Borough Code to permit resource extrac- SOCIETY APPEAL - tion activities (placer gold mining) in a C--Conservation Zoning TUGIDAK ISLAND 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, Community Development Department, explained the video to be shown was basically a fly around of Tugidak Island and was taken out the window of an airplane by an employee of the Alaska Department of Fish and Game. The date the film was taken was September 9, 1987 at 3:30 p.m. with a tide of 8.7 feet (high tide). The P&Z Commission viewed the video at one of the public hearings, he said, and there was no narrative with the film. The assembly viewed a film of Tugidak Island. December 17, 1987 Page 5 2 /,y Kodiak Island Borough Regular Assemlby Meeting GREGG, moved the grant partial OLD BUSINESS seconded by AUSTERMAN relief to the appellant by modifying the P&Z Commission decision to grant approval KODIAK AUDUBON of a conditional use permit SOCIETY APPEAL in accordance with section TUGIDAK ISLAND 17.13.030 of the K.I.B. code (continued) to the granting of n preliminary approval of the LIconditional use permit. Assemblyman Gregg explained the preliminary approval was for the purpose of continuing the review process by the state of Alaska, Office of Management and Budget Department of Governmental Coordi- nation, the United States Army Corps of Engineers and other permitting agencies. The preliminary approval was subject to the fourteen conditions included in the P&Z Commission's decision, he added. The Commission's condition Number 2, stated final approval will be granted only after the proposed plan has been reviewed and approved by all permitting agencies, he reiterated. However, upon the granting of a OMB-DGC consistency determination and all state and federal permits, the commission and the Planning Department would conduct a final review of the reports of all reviewing agencies and could modify or expand the fourteen conditions prior to granting final approval. Assemblyman McFarland saw a problem in that although the assembly could modify or expand the fourteen conditions, the preliminary approval did not state the assembly could change their minds. Assemblyman Gregg said the appellant argued that the commission abdicated its duties by not doing an independent study, however, once the project goes through the granting process that indepth �Ianalysis will have been done. After the process is completed the IIL borough will have another chance to review the project and place additional conditions on it that they feel pertinent, he said. Further discussion followed between the mayor and assemblymembers with Assemblyman McFarland listing the names of the reviewing agencies which are required to approve this permit. During this discussion Presiding Officer White passed the gavel to Assemblyman Gregg in order to express his views on placer mining on Tugidak Island. VOTE ON MOTION Ayes: Merriman, Stevens, Austerman, Gregg Noes: McFarland, Barker, White MOTION CARRIED 4 Ayes, 3 Noes STEVENS, moved to hold Planning and seconded by MERRIMAN Zoning Commission consistent with Alaska Coastal Manage- ment Program and the Kodiak Island Borough Coastal Management Program. VOTE ON MOTION Ayes: Merriman, Stevens, Austerman, Gregg Noes: Barker, McFarland, White MOTION CARRIED 4 Ayes, 3 Noes MERRIMAN, moved to adopt Planning and seconded by STEVENS Zoning Commission's findings of fact for this case based on the record and testimony given. December 17, 1987 Page 6 3/q Kodiak Island Borough Regular Assemlby Meeting VOTE ON MOTION OLD BUSINESS Ayes: Stevens, Austerman, Barker, KODIAK AUDUBON Gregg, McFarland, Merriman SOCIETY APPEAL - Noes: White TUGIDAK ISLAND (continued) MOTION CARRIED 6 Ayes, 1 No The presiding officer recessed the Board of Adjustment and reconvened the assembly. Assemblyman Gregg returned the gavel to Assemblyman White. NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS None B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 87-74-R Authorizing The Mayor To Enter Into Negotiations For Contract With The City Of Port RESOLUTION Lions For School Construction. NO. 87-74-R STEVENS, moved to adopt Resolution seconded by BARKER No. 87-74-R. Assemblyman Austerman noted for the record this award was not to exceed $120,000 and was necessitated because the school gymnasium burned. VOTE ON MOTION TO ADOPT Ayes: Austerman, Barker, Gregg, McFarland, Merriman, Stevens, White Noes: None MOTION CARRIED Unanimous 2. Resolution No. 87-75-R Supporting Subsistence Of RESOLUTION Afognak Elk For Senior Citizens In Port Lions. NO. 87-75-R GREGG, moved to adopt Resolution seconded by STEVENS No. 87-75-R. Assemblyman McFarland was concerned because the limit of elk proposed to be harvested was not shown in the resolution. Assemblyman Merriman said he understood the concerns of Port Lions' residents but felt this approach was wrong. He thought a better solution would be to ask the responsible agency to regu- late the elk permits differently. He felt there was a question of discrimination favoring the senior citizens of Port Lions. Assemblyman Austerman concurred with Assemblyman Merriman's comments. VOTE ON MOTION TO ADOPT MOTION FAILED Unanimous Voice Vote 3. Resolution No. 87-76-R Authorizing Purchase And Instal- RESOLUTION lation Of Eight Tsunami Warning Sirens. NO. 87-76-R MCFARLAND, moved to adopt Resolution seconded by BARKER NO. 87-76-R. Assemblyman Austerman stated the last two tidal wave alerts made obvious the need for a better siren warning system for the Kodiak area. December 17, 1987 Page 7 Kodiak Island Borough Regular Assemlby Meeting Assemblyman McFarland noted the amount was not to exceed $90,000. NEW BUSINESS VOTE ON MOTION TO ADOPT RESOLUTION NO. 87-76-R Ayes: Barker, Gregg, McFarland, (continued) Merriman, Stevens, White Noes: None MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION ORDINANCES FOR INTRODUCTION None D. OTHER ITEMS OTHER ITEMS 1. Review and Approval of Hospital Budget REVIEW AND APPROVAL OF HOSPITAL BUDGET BARKER, moved to approve 1988 seconded by MERRIMAN Hospital Budget. Don Wee, Kodiak Island Hospital Administrator, gave a brief explanation of the proposed budget for 1988. VOTE ON MOTION Ayes: Gregg, McFarland, Merriman, Stevens, Austerman, Barker, White Noes: None MOTION CARRIED Unanimous 2. Kodiak Regional Aquaculture Request For Economic KODIAK REGIONAL Development Funds. AQUACULTURE REQUEST FOR ECONOMIC DEVELOP- STEVENS, moved to authorize MENT FUNDS seconded by MERRIMAN expenditure of $20,000 for salmon rearing pens. Daniel Miller, a concerned taxpayer, did not think the borough should get involved with the Aquaculture Association because fishing is a Fish and Game Department matter. He felt the money should come from a state level and not the local taxpayer. Okey Chandler felt there was no need for extra fish and thought the assembly could find better use for the money. Assemblyman Gregg proposed an alternative where fishermen contributed half the cost of the rearing pens thereby making the borough's contribution $10,000. Tim Joyce added the Aquaculture Association had already put up $55,000 through a cost recovery effort. He pointed out the _ request came under economic development and would benefit the economy of Kodiak. Assemblymember Barker felt the $20,000 would complete a project which the fishermen had substantially payed for themselves and said in terms of economic development that the assembly was open to other fishery groups to submit proposals. She said this was money obtained from the raw fish tax and was a small way of putting money back into the fishery. December 17, 1987 Page 8 ��9 Kodiak Island Borough Regular Assemlby Meeting VOTE ON MOTION NEW BUSINESS Ayes: McFarland, Merriman, KODIAK REGIONAL Stevens, Austerman, Barker, AQUACULTURE REQUEST Gregg, White (continued) Noes: None '—" MOTION CARRIED Unanimous 3. Assembly Meeting Dates for 1986. ASSEMBLY MEETING DATES FOR 1988 AUSTERMAN, moved to approve 1988 seconded by MERRIMAN meeting dates for the K.I.B. Assembly. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote INFORMATIONAL MATERIALS (No action required) INFORMATIONAL MATERIALS 1. Service District No. 1 Regular Meeting of October 13, 1987. 2. Monashka Bay Road Service District Regular Meeting of November 6, 1987. CITIZENS' COMMENTS CITIZENS' COMMENTS Okey Chandler complained that he could not hear the assembly in the back of the assembly chambers and asked if something could be done to rectify the problem. ASSEMBLYMEN'S COMMENTS ASSEMBLYMEN'S COMMENTS Assemblyman Austerman commented on committee appointment inter- views and asked the clerk to set up interviews when there were more applicants for committees than seats available. He said he did not understand the time frame regarding appeals and the reasons why the assembly does not receive the appeal packet earlier. Assemblyman Gregg responded to Assemblyman Austerman's comments about receiving an appeal packet earlier by saying human nature being what it is, he had a packet for three weeks and devoted time to it in just the last five days. Also, he said the assembly spent many hours reviewing packets and attending meetings and the present stipend of $50.00/month amounted to $1.00 an hour. He suggested an assemblymember's time was worth more than that amount and thought a monthly stipend of $100.00 would more appropriate. He requested public comment. Assemblyman Stevens said he had attended the Convention and Visitors Bureau annual meeting and on behalf of the borough had accepted a certificate of appreciation for involvement with convention and visitors activities. He inquired about the procedure for getting a habitat biologist stationed in Kodiak to monitor projects. He said the borough assembly and city council had met with Commissioner Smith of Department of Commerce and Economic Development last week and had an opportunity to give him insight into what was happening in the community. Assemblyman McFarland commented on the expenditure to the Kodiak Area Aquaculture Association for salmon rearing pens and said it was a chance to invest in the program. Assemblymember Barker wished the audience a "Merry Christmas." Assemblyman White mentioned the assembly had met to establish "goals" but still have to do "objectives" and asked what date should be set for a meeting. It was the consensus of the assembly to meet on January 23, 1988 at 9:00 a.m. to discuss objectives. December 17, 1987 Page 9 a� a- Kodiak Island Borough Regular Assemlby Meeting r.4 Lo 011M M, There being no further business to come before the assembly, the meeting adjourned at 10:30 p.m. Pr ing Officer ATTEST: December 17, 1987 Page 10