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1989-06-15 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held June 15, 1989, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:35 p.m. (A verbatim record is on file in the Clerk's office) The invocation was given by Pastor Mike Green of the Kodiak Community Church, followed by the Pledge of Allegiance. There were present: ROLL CALL Lorne White, Presiding Jack McFarland John Parker Absent: Ann Barker (Excused) comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Gaye Vaughan, Borough Clerk APPROVAL OF AG8®A MCFARLAND, Seconded by PARKER VOTE ON MOTION =MAE LEUJUID BOUGH Regular Assembly Meeting June 15, 1989 Alan Austerman Tom Merriman Wayne Stevens moved to amend agenda to add Gear Task Force Report and Consolidation Committee Report under "Committee Reports," and Old Harbor School Change Order under "New Business." Also, add Assembly Comments before "Citizen's Comments." MOTION CARRIED Unanimous Voice Vote AUSTERMAN, seconded by MERRIMAN MOTION CARRIED 0045841' AGMS None APPROVAL OF "mums None ASSBMBLYl4n'S 0 MSWS moved to approve agenda as amended. Unanimous Voice Vote Assemblyman Austerman commented that several fishermen had contacted him requesting the Gear Storage Task Force Report be tabled until the summer fishing season is over. It would give the fishermen time to study the report and add their input on fishing gear storage, he said. He felt the Gear Storage Task Force Report could be tabled until October. June 15, 1989 Page 101 KIBS103885 REGULAR MEETING APPROVAL OF AGENDA CONSENT AGENDA APPROVAL OF MINUTES ASSEMBLYMEN'S COMMENTS Kodiak Island Borough Regular Assembly Meeting Assemblyman McFarland assured the audience that the assembly was not going to let the issues surrounding the oil spill impact on Kodiak lie dormant. He said the assembly planned to be more on track as far as monitoring and supporting community efforts in order to return things to local control. Presiding Officer White said the vigil had not ended and the assembly w uld do whatever politically possible to keep the matter in the forefront and keep activity at a high level. He thought more staff time might be needed to cope with the situation. Mayor Selby reviewed the activities of various staff members and said the borough staff would be willing to do whatever the assembly directed them to do. He said some activities could be done with temporary help but other activities could only be done by borough staff which would mean that normal borough work might have to be postponed to a later date. He said he would keep the assembly advised and requested their input in prioritizing projects. CITIZENS' COMMITS CITIZENS' COMMENTS Oscar Dyson said he was surprised to learned about the gear storage task force meetings and their recommendations. He suggested in the fall that a group comprised of property -owner fishermen and task force members could meet to hammer out the problems surrounding gear storage. If an agreement could not be reached, he thought the issue should be placed before the public so the people could determine how they want their community. He stated the general public would not want to harm an industry that puts over 200 million dollars through the community. David Harville supported Mr. Dyson's comments. He said the fishing industry was presently involved in a life and death struggle against the factory trawler group along with battling the oil spill. He stated fishermen did not have time to be involved in this problem now. He said that he appreciated Assemblyman Austerman's comments about tabling the report and hoped the assembly would see fit to grant the fishermen this additional time. Chris Blackburn speaking on behalf of Al Burch, Executive Director of Alaska Draggers Association, presented written testimony from Mr. Burch. She stated that Mr. Burch supported Mr. Dyson's comments and requested any action on the report be delayed. She read two paragraphs from Mr. Burch's written testimony noting zoning changes in residential areas and the transitory nature of some people who were only in Kodiak to take out profits and who did not care what happened to the fishing industry. Louie Lowenburg had a lot of comments to make on the Gear Storage Task Force report but said he would not give them at this time if the report was going to be tabled. Bill Roberts, Chiniak resident, spoke on the bid proposals for the Chiniak Tsunami Safe Site. He thanked the borough and in particular, the Facility Department and Mr. Bob MacFarlane for all the design work done on the building to meet the multi use purposes. He noted bids came in higher than expected and he hoped the assembly would award a bid to complete a 36 X 48 unfinished building. He said the community would pursue funding to finish the building. Referring to the storage of fishing gear, Mr. Roberts said the committee stated the value of real estate was a prime concern of people and that storage of fish gear might bring down property values. He declared if the salmon fishery shut down and if the pollock fishery went out the window, people would see what really geared real estate values in this community and it would be fishing and not whether your next door neighbor stored fishing gear. He hoped the report would be tabled until fisherman would have the time to give input. June 15, 1989 Page 102 KIBS103886 ASSEMBLYMEN'S COMMENTS Kodiak Island Borough Regular Assembly Meeting Elizabeth Odell, Director of the Chiniak Public Library, asked the assembly to consider awarding the bid for the larger unfinished building. She listed the activities taking place in the present building and gave reasons why it was desirable to have a larger building with two rooms. She added that Chiniak was growing as she could attest and the need for this building would increase. Mel Stevens, spoke against the assignment of the Materials Sales Contract in Women° Bay and posed three questions to assembly - members who might be inclined to vote for the assignment. He submitted his opinions as to how the assembly should proceed and urged the assembly to get more information before making any decision. John Zbitnoff, Felton Construction, stated most of the problems at the gravel site had been corrected and the final removal of Felton Construction equipment is being done. COW1I'A'EE RE'POR'TS COMMITTEE REPORTS Assemblyman McFarland noted there were not many people attending the Consolidation Committee's public hearing and hoped more people would give comments on the report before the October. Robin Heinrichs, Planning and Zoning Commission representative, stated he was present to answer any questions on PAZ matters. Tom Mendel, Chairman of the Planning and Zoning Commission, added the commission would have no objections to the assembly postponing action on the Gear Storage Task Force Report. A. Gear Storage Task Force Report GEAR STORAGE TASK FORCE REPORT Austerman Austerman reviewed his recommendations to the assembly on the Gear Storage Task Force final report. AUSTERMAN, moved to acknowledge receipt seconded by MERRIMAN of Gear Storage Task Force Report. VOTE ON MOTION _ MOTION CARRIED AUSTERMAN, seconded by MERRIMAN VOTE ON MOTION MOTION CARRIED B. Consolidation Report Unanimous Voice Vote postpone action on the Gear Storage Task Force Report until October 1, 1989. Unanimous Voice Vote Gary Stevens, chairman of the Consolidation Committee, explained that eighteen months ago the committee had been given the task of investigating the advantages and disadvantages of consolidating the borough and city. He acknowledged the efforts of the Consoli- dation Committee members, Tom Peterson of the Department of the Community and Regional Affairs, and Gaye Vaughan and the borough clerk's staff. He said the committee did not begin in unanimity nor did they end in complete agreement. There was disagreement within the committee as to which form of consolidation would be best and members who were opposed to any form of consolidation. He announced the committee was in agreement that the borough assembly should allow the people of Kodiak to vote on whether to: 1.) Consolidate by Home Rule, 2.) Consolidate by General Law, or 3.) Retain the status quo. He explained briefly the three options and requested the assembly to give serious consideration to the committee's findings. June 15, 1989 Page 103 KIBS103887 CITIZENS' COMMENTS CONSOLIDATION REPORT KIBS103888 Kodiak Island Borough Regular Assembly Meeting Presiding Officer White asked Mr. City Council on the Consolidation MCFARLAND, seconded by ADSTERMAN VOTE ON MOTION MOTION CARRIED Stevens to address the Kodiak Committee's findings. moved to acknowledge receipt of Consolidation Report. Unanimous Voice Vote The presiding officer called for a ten minute recess. The presiding officer reconvened the assembly PUBLIC HBAPIlG The presiding officer recessed the assembly and convened the Board of Adjustment. BOMB) OF AQIOSDBMIT An appeal of Conditions 2, 4, and 5 for the granting of preliminary plat approval of the subdivision of Lot 4 (remainder), Block 1, Kadiak Alaska Subdivision First Addition, creating Lots 4A and 48, Block 1, Kadiak Alaska Subdivision First Addition. (3420 Rezanof Drive East) Appellant - Michael W. Anderson) Duane Dvorak, associate planner with the Community Development Department, read the Planning and Zoning Commission's conditions for granting preliminary approval of Mr. Anderson's subdivision. After looking at the plat and doing site observations, he related that the staff was concerned over grade differential and access from Rezanof Drive East and proceeded to explained the options listed. Mr. Dvorak responded to questions from the assembly. Mike Anderson, appellant, declared this was a simple subdivision of a two and one half acre parcel of business property on Rezanof Drive. He particularly addressed Condition No. 2 which required that the subdivision be redesigned to provide access to lots from Perenosa Drive. He pointed out that Perenosa Drive was shown on the plat but in reality Perenosa Drive did not exist and the date when it would be constructed was unknown. He explained that he met with officials from the Department of Transportation at the subdivision site and explained the problem. He said he obtained a driveway permit for Lot 4A during the course of DOT's visit. He protested the requirement stating that Lot 40 shall not have access from Rezanof Drive East as he proposed access via an easement across Tract C -1 by means of the existing approved driveway access to Rezanof Drive. He said he had a buyer for Lot 48 but could not sell the lot with this access condition on the plat. He said it was not up to the borough engineer to decide whether he could access a state highway; it was the state's decision. He further protested the grading plan having to be submitted to and approved by the borough engineer, and the drainage plan requirement since he planned to sell the property and had no way of knowing what plans the new owner might have. He asked the assembly to remove these conditions. PARKER, moved to uphold the seconded by MERRIMAN appellant. At Assemblyman Stevens request, Robin Heinrichs highlighted the Planning and Zoning Commission's feelings about placing Conditions No. 2, 4, and 5 on the subdivision. He also responded to questions from assemblymembers. June 15, 1989 COMMITTEE REPORTS CONSOLIDA REPORT (c PUBLIC HEARING BOARD OF ADJUSTMEI MIKE W. ANDERSON APPEAL Page 104 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION Ayes: Austerman, McFarland, Merriman, Parker, Stevens, White Noes: None STEVENS, seconded by AUSTERMAN VOTE ON MOT10N MOTION CARRIED Unanimous The presiding officer adjourned the Board of Adjustment and reconvened the assembly. MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby gave a brief update on the oil spill clean up and said slow progress was being made in gaining response to the need of getting more people out on the beaches. He said the borough had received notice that Exxon planned to demobilize on September 15, 1989 and the Coast Guard had been notified that the borough would not support this action. He reported a meeting was held between Exxon, the borough, and village representatives this week to address the concerns and problems facing the villages as a result of the oil spill. He said the borough had taken back the geo- textile fabric project and these employees were putting together water monitoring material for DEC and the Fish and Game Department. Mayor Selby responded to questions about the oil spill operations from assemblymembers. Assemblyman McFarland asked the mayor if there was a weekly oil spill summary report that could be given to the assembly so they would be better informed about the clean up operations. Mayor Selby assured the assembly that he would see that copies of the summary report "Soundings" published through the auspices of the state of Alaska public information office be given to them and well as the local report which was distributed following each public meeting. The mayor read a proclamation declaring the week of June 25, 1989 as "I Love Kodiak Week" and encouraged citizens to be good hosts to visitors who would report back to the lower 48 about Kodiak Island. OLD BUSINESS OLD BUSINESS A. Resolution No. 89 -32 -R Authorizing The Assignment Of A RESOLUTION Materials Sales Contract In Romans Bay. N0. 89 -32 -R AUSTERMAN, seconded by MERRIMAN VOTE ON MOTION Ayes: McFarland, Merriman, Austerman, white Noes: Parker, Stevens MOTION CARRIED 4 Ayes, 2 Noes June 15, 1989 Page 105 KIBS103889 moved to defer the Findings of Facts to the July 6, 1989 Assembly Meeting. moved to remove from table Resolution No. 89 -32 -R. BOARD OF ADJUSTME1 MIKE W. ANDERSON APPEAL (continued) Kodiak Island Borough Regular Assembly Meeting Mayor Selby noted there was an amended version of Resolution OLD BU$INESS No. 89 -32 -R in the packet which would have to be substituted if the assembly so desired. RESOLUTION NO. 89 -32 -^ The presiding officer called for a five minute recess. (continue The presiding officer reconvened the assembly PARKER, moved to table Resolution seconded by MERRIMAN No. 89 -32 -R. VOTE ON MOTION Ayes: Merriman, Parker, Stevens, Austerman, McFarland, White Noes: None MOTION CARRIED Unanimous Assemblyman Merriman explained there were still issues about the assignment of the contract which were not addressed in the new resolution so he did not feel comfortable substituting it. STEVENS, seconded by MERRIMAN VOTE ON MOTION MOTION CARRIED NEW BUSINESS A. BID AWARDS 1. Chiniak Tsunami Shelter, Library, and Community Center Bid Award. PARKER, seconded by AUSTERMAN Assemblyman Parker explained the two low bids were far in excess of the 5100,000 state grant. He said Mr. MacFarlane, Facilities Coordinator, had negotiated with the bidders to rebid on the construction of a basic 24 X 48 building which would meet the conditions and time lines necessary for spending the state grant money. Further enhancements could be done at a later date, he explained. Assemblyman Merriman concurred with Assemblyman Parker's comments. VOTE ON MOTION Ayes: Parker, Stevens, Austerman, McFarland, Merriman, White Noes: None MOTION CARRIED Unanimous 2. - Service District No. 1 Water and Sewer Maintenance Contract Award. AUSTERMAN, seconded by MERRIMAN June 15, 1989 Page 106 KIBS103890 moved to extend the period to correct the bond default by Felton Construction. Unanimous Voice Vote moved to award Chiniak Tsunami Shelter to Titan Construction in an amount NTE $104,700. moved to award Service District No. 1 Water and Sewer Maintenance Contract to Brechan Enterprises, Inc. NEW BUSINESS BID AWARDS CHINIAK TSUNAMI SHELTER BID AWARD SERVICE DISTRICT NO. 1 WATER AND SEWER MAINTENANCE CONTRACT AWARD Kodiak Island Borough Regular Assembly Meeting AUSTERMAN, seconded by MERRIMAN VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote Monashka Bay Road Service District Maintenance Contract MONASHKA BAY ROAD Award. SERVICE DISTRICT MAINTENANCE CONTRA AUSTERMAN, moved to award Monashka Bay AWARD seconded by STEVENS Road Service District Maintenance Contract to Brechan Enterprises, Inc. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote RESOLUTIONS RESOLUTIONS None C. ORDINANCES FOR INTRODUCTION ORDINANCES FOR INTRODUCTION None OTHER ITEMS OTHER ITEMS 1. Change Order Approval - Heliport Parking Area HELIPORT PARKING AREA CHANGE ORDER STEVENS, seconded by MERRIMAN At Assemblyman Parker's request, Mayor Selby explained this change order would construct paved parking in the area northeast of the heliport and also enclose an area for dumpsters so the down draft from the helicopter rotors would not blow trash out of them. VOTE ON MOTION Ayes: Noes: MOTION CARRIED moved to table award of Service District No. 1 Water and Sewer Maintenance Contract until recommen- dations are received from the SDA1 Advisory Board. moved to approve change order to construct Alternative M1 for the heliport parking in an amount NTE 528,195. Stevens, Austerman, McFarland, Merriman, Parker, White None Unanimous 2. Request for Approval of Public Information Services. Assemblyman Stevens explained that during the assembly's goals and objectives session last January, the assembly voiced a need to try to better communicate to the public what the assembly was doing. He said local media representatives did a good job of covering the action taken by the assembly, but sometimes the explanation therein may appear to be obscure. By entering into an agreement with a consulting firm, he asserted the assembly would be better able to present information about actions the assembly was pondering on problems facing the community. STEVENS, moved to approve agreement seconded by MERRIMAN with Kodiak Marketing and Consulting for FY90. June 15, 1989 Page 107 KIBS103891 NEW BUSINESS SERVICE DISTRICT NO. 1 WATER AND SEWER MAINTENANCE CONTRACT AWARD (continued) PUBLIC INFORMATION SERVICES APPROVAL KODIAK MARKETING AND CONSULTING KIBS103892 Kodiak Island Borough Regular Assembly Meeting Presiding Officer White noted the estimate would require nine hours of work per month ($450.00 per month) or 85,400 for the fiscal year. VOTE ON MOTION Ayes: McFarland, Merriman, Stevens, White Noes: Austerman, Parker MOTION CARRIED 4 Ayes, 2 Noes 3. Authorization to Participate in Lobbyist for Magnusen Act. MERRIMAN, seconded by MCFARLAND Assemblyman McFarland read from the memorandum requesting authorization which stated this effort was necessary to provide a strong voice for our region and contribute to the preservation of of our local economy by placing language in the Act that clearly provides for a shorebased preference for bottomfish allocations. VOTE ON MOTION Ayes: McFarland, Merriman, Parker, Stevens, Austerman, White Noes: None MOTION CARRIED Unanimous 4. Old Harbor School Change Order OLD HARBOR SCHOOL CHANGE ORDER MERRIMAN, seconded by STEVENS Mayor Selby said this action was a clarification of a budget change made during the June 1, 1989 assembly meeting for audit purposes. He said the change order would replace a broken beam and hole in the floor in the old part of the gymnasium and authorize some preventative interior and exterior maintenance work in order to extend the life of the gymnasium and high school building. He reiterated that this expenditure would not take care of all the problems but it was a start. VOTE ON MOTION Ayes: Merriman, Parker, Stevens, Austerman, McFarland, White Noes: None MOTION CARRIED Unanimous DEFORMATIONAL eaTRRTare (NO action required) INFORMATIONAL MATERIALS A. MINUTES OF OTHER MEETINGS moved to authorize 85,000 for participation in lobbyist for renewal of the Magnusen Act. moved to approve Old Harbor School Change Order No. 4 in an amount NTE 880,000. 1. Womens Bay Service District Regular Meeting of May 11, 1989. B. REPORTS REPORTS 1. K.I.B. School District Financial Report for April, 1989. 2. K.I.B. Financial Report for May, 1989. NEW BUSINESS June 15, 1989 Page 108 PUBLIC INFOMATIO! SERVICES S — OVAL (continu, MAGNUSEN ACT LOBBYIST AUTHORIZATION MINUTES OF OTHER MEETINGS Kodiak Island Borough Regular Assembly Meeting C. OTHER None CITIZENS' COMER'S None ASSEMBLYMEN'S CONOMME Assemblyman Austerman commented that he did not want the assembly to let the gear storage discussions lapse between now and October 1. He wanted to meet with the fishermen who were con- cerned about loosing their gear storage in residential areas and inquired if staff could contact the various fishermen groups to set a time and date for a meeting. He also asked to schedule a discussion at a work session about airport powers and the direction that the assembly desired to pursue. He wondered if the mayor could set a time to discuss the ramifications of several departments exceeding their budget. Assemblyman Parker reviewed the bid award for the Chiniak Tsunami Shelter and added that he would work with the people of Chiniak to gain the funds needed to finish the building. Assemblyman White wondered if the borough might be able to initiate a youth hiring program using DEC funds to clean up the beaches. He said many young people would have been working as deck hands during the fishing season and without a fishing season, the need for work was there and the kids were interested in working. Mayor Selby explained there was a concern about methane gas mixing with rotten kelp causing problems for beach cleanup workers. He said he would not want to subject young people to such work when he was not absolutely certain there was not a health risk existed. He said he would explore the matter. Assemblyman White lamented there were 29,000 miles of coast line on Kodiak to be cleaned as a result of the oil spill. He said it was a disappointment to learn of the recent salmon closure because a lot of fish would be going up the stream instead of being caught by fishermen. He said the Alaska Department of Fish and Game had spent 2.8 million dollars on egg plants at Karluk and this was one of the big years for the fish to return. ADJOURMER' There being no further business to come before the assembly, the meeting adjourned at 10:08 p.m. ATTEST: EoKougH June 15, 1990 Presiding Officer KIBS103893 ASSEMBLYMEN'S COMMENTS ADJOURNMENT Page 109 INFORMATIONAL MATERIALS CITIZENS' COMMENTS