12/17/1987A 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: ROLL CALL
Lorne White, Presiding
Ann Barker
Jack McFarland (7:38 P.M.)
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 APPROVAL OF AGENDA
GREGG,
seconded by AUSTERMAN
WITHOUT OBJECTION, SO ORDERED
KODIAK ISLAND BOROUGH
Regular Assembly Meeting
December 17, 1987
Alan Austerman
Ken Gregg
Tom Merriman
(Clerk's Sote: Assemblyman McFarland arrived.)
moved to approve agenda
with addition 1988 Assembly
Meeting Dates under
"Other Items."
CONSENT AGENDA APPROVAL OF CONSENT
AGENDA
GREGG, moved to approve consent
seconded by STEVENS agenda.
The items on the consent agenda were read aloud by the Borough
Clerk.
WITHOUT OBJECTION, SO ORDERED
APPROVAL Or NIMES
A. K.I.H. Assembly Regular Meeting of December 3, 1987.
This item was previously approved under the "Consent Agenda."
CITILRt'S COMMENTS
say 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 Schelli th .._-- problems surrounding + '
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.
Mayor Selby responded by saying that street lights have been
ordered for Benny Benson and will be installed when received.
REGULAR MEETING
APPROVAL OF MINUTES
CITIZEN'S COMMENTS
KIBS103605
Kodiak Island Borough
Regular Assemlby Meeting
Also, there would be some lighting installed between East Elemen-
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.
STEVENS,
seconded by GREGG
MOTION CARRIED
GREGG,
seconded by MERRIMAN
Personnel Board
Mary McFarland (2 yr)
Mary Monroe (2 yr)
Pat Borger (2 yr)
Board of Equalization
Vickie Case (3 yr)
James Carmichael (3 yr)
Tim Hurley (1 yr)
Mental Health
Jane Nuttall (3 yr)
Sharon Been (3 yr)
Frances Cater (3 yr)
Architectural Review
Roger Lackman (3 yr)
MOTION CARRIED
B. Appointments to Consolidation Committee.
AUSTERMAN,
seconded by MCFARLAND
MOTION CARRIED
moved to appoint Tom Bendel
(3 year term) and John Hartt
(1 year term) as city
representatives and Mike
Anderson (3 year term) and
Mary Lou Knudson (2 year
term) as borough representa-
tives to the Planning and
Zoning Commission.
Unanimous Voice Vote
moved to appoint to Boards
and Commissions the follow-
ing listed individuals:
Parks Si Recreation Board
Jim Cobis (3 yr)
Tom Watson (3 yr)
Hospital Advisory
Ben Ardinger (3 yr)
Betty Springhill (3 yr)
Building Bd of Appeals
Cliff Ford (3 yr)
Economic Development
Tim Ward (3 yr)
Kyle Taylor (3 yr)
Unanimous Voice Vote
moved to appoint Sven
Haakanson of Old Harbor and
Helen Wise of Port Lions to
the Consolidation Committee.
Unanimous Voice Vote
CITIZEN'S COMMENTS
COMMITTEE REPORTS
APPOINTMENTS TO
PLANNING & ZONING
COMMISSION
APPOINTMENTS TO BOAF
AND COMMISSIONS
KIBS103606
APPOINTMENTS TO
CONSOLIDATION
COMMITTEE
December 17, 1987 Page 2
Kodiak Island Borough
Regular Assemlby Meeting
PUBLIC HEARING
A. Ordinance No. 87 -35 -0 Adding Section 3.32.020, Motor Vehicle ORDINANCE
Registration Tax, Allocation.
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 borough and inquired why another ordinance was n
Mayor Selby responded that the borough was required
law to specify where the motor vehicle registration
allocated.
The presiding officer closed the public hearing and
the assembly.
VOTE ON MOTION TO ADOPT
Ayes:
BOARD OF ADJUST/MR
the taxes for
ecessary.
under state
tax money was
reconvened
Austerman, Barker, Gregg,
McFarland, Merriman,
Stevens, White
Noes: None
MOTION CARRIED Unanimous
The presiding officer recessed the assembly and convened the 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
Project subject to conditions. (Appellant: State of Alaska,
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.
KIBS103607
December 17, 1987
PUBLIC HEARING
NO. 87 -35-0
BOARD OF ADJUSTMENT
STATE OF ALASKA
TERROR LAKE APPEAL
Page 3
Kodiak Island Borough
Regular Assemlby Meeting
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
16.4O.04O(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
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.
KIBS103608
PUBLIC HEARING
STATE OF ALASKA
TERROR LAKE APPEAL
(continued)
December 17, 1987 Page 4
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,
seconded by BARKER
VOTE ON MOTION TO TABLE
Ayes:
The assembly viewed a film of Tugidak Island.
KIBS103609
moved to table for findings
of fact from Planning &
Zoning Commission.
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 BOROOGR 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 ROSINESS 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
(Conditional Uses) of the Borough Code to permit resource extrac-
tion 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 med n- _._ _et__ D . .
- -- _.._ ..w".,...a �r � r�yweu� veyar rmenc, 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 Septeaber 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.
KODIAK AUDUBON
SOCIETY APPEAL -
TUGIDAK ISLAND
December 17, 1987 Page 5
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
preliminary approval of the
conditional 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&2 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
analysis will have been done. After the process is completed the
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:
MOTION CARRIED
STEVENS,
seconded by MERRIMAN
VOTE ON MOTION
Noes:
MOTION CARRIED
MERRIMAN,
seconded by STEVENS
McFarland, Barker, White
4 Ayes, 3 Noes
moved to hold Planning and
Zoning Commission consistent
with Alaska Coastal Manage-
ment Program and the Kodiak
Island Borough Coastal
Management Program.
Ayes: Merriman, Stevens,
Austerman, Gregg
Barker, McFarland, White
4 Ayes, 3 Noes
KIBS103610
moved to adopt Planning and
Zoning Commission's
findings of fact for this
case based on the record and
testimony given.
December 17, 1987 plc c
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
MOTION CARRIED (continued)
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
Afognak Elk For Senior Citizens In Port Lions
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.
VL'L' um MOTION TO ADOPT
RESOLUTION
NO. 87 -75 -R
utnS1(1161 1
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
None
D. OTHER ITEMS
1. 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:
Noes: None
MOTION CARRIED Unanimous
2. Kodiak Regional Aquaculture Request For Economic
Development Funds
STEVENS,
seconded by MERRIMAN
Gregg, McFarland, Merriman,
Stevens, Austerman, Barker,
White
moved to authorize
expenditure of 520,000 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.
KIBS103612
December 17, 1987
ORDINANCES FOR
INTRODUCTION
OTHER ITEMS
REVIEW AND APPROVAL
OF HOSPITAL BUDGET
KODIAK REGIONAL
AQUACULTURE REQUEST
FOR ECONOMIC DEVELO
MENT FUNDS
Page 8
Kodiak Island Borough
Regular Assemlby Meeting
VOTE ON MOTION NEW BUSINESS
Ay e s :
Noes: None
MOTION CARRIED Unanimous
AUSTERMAN,
seconded by MERRIMAN
3. Assembly Meeting Dates for 1988. ASSEMBLY MEETING
DATES FOR 1988
moved to approve 1988
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.
McFarland, Merriman, KODIAK REGIONAL
Stevens, Austerman, Barker, AQUACULTURE REQUEST
Gregg, White (continued)
CISI'L®s' 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 CORSETS 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 ortunity to give hi
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
KIBS103613
Kodiak Island Borough
Regular Assemlby Meeting
ADJOURNMENT
There being no further business to come before the assembly,
the meeting adjourned at 10:30 p.m.
Pr ing Officer
ATTEST:
KIBS10361
iw-?:l( ✓!
ADJOURNMENT
December 17, 1987 Page 10