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1989-04-06 Regular MeetingMODIAK IsL BOAODpH Regular Assembly Meeting April 6, 1989 A regular meeting of the Kodiak Island Borough Assembly was held April 6, 1989, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:37 p.m. (A verbatim record is on file in the Clerk's office) The invocation was given by Pastor Merle Watkins of the Bataan Baptist Church followed by the Pledge of Allegiance. There were present: Lorne White, Presiding Alan Austerman Ann Barker Tom Merriman John Parker Wayne Stevens Absent: Jack McFarland (Excused) comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Gaye Vaughan, Borough Clerk "FROM OF AOK®11 STEVENS, moved to adopt agenda with seconded by AUSTERMAN addition of Emergency Ordinance No. 89-14-0 under Public Hearing. MOTION CARRIED Unanimous Voice Vote CONST A The items on the consent agenda were read aloud by the Borough Clerk. AUSTERMAN, moved to approve consent seconded by MERRIMAN agenda. MOTION CARRIED Unanimous Voice Vote APPROVAL OP HINUMS None CITIZENS• CCHMEM Mayor Selby presented the Employee of the Month award to Sheryl Feebler of the Assessing Department. Also, the mayor recognized Duane Freeman, Rocky Padilla, Brian Kostal, and Chris Dolph, four Kodiak High School students who competed in the Vocational Industrial Clubs of America Skills Contest, a "Skill Olympics in auto mechanics," and Won awards. C011II1SBB REPO@B John Shdnk, Chairman of Fire Service District kl, inquired about a $5,000 deduction from the Fire Service District's funds which had not been authorized by the Fire Service District Advisory -'-- Board. He also asked about the procedure to be used for bidding the construction work on the Bayside Fire Department Station extension. April 6, 1989 KIBS103836 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF CONSENT AGENDA APPROVAL OF MINUTES CITIZENS' COMMENTS EMPLOYEE OF THE MONTH COMMITTEE REPORTS Page 53 1. Kodiak Island Borough Regular Assembly Meeting Mark Buckley, representing the Kodiak Outer Continental Shelf Advisory Council, reported on the March 30, 1989 meeting where the council passed a resolution dealing with oil spills in the Kodiak area. He said the council discussed advising the assembly to support the House Joint Resolution 32 and Senate Joint Resolu- tion 11 urging the governor to contact the president of the United States to stop any oil and gas exploratory activity in Bristol Bay. Also, he noted that after attending several organizational meetings where the oil spill clean up was discussed, there was a need for an Exxon representative to explain Exxon's clean up program and their reimbursement policy for fisherman. Jon Hartt, Planning and Zoning Commission member, noted he would be available to answer questions. A. Appointment to Service District k1 Board of Supervisors. AUSTERHAN, move to appoint Otto Mahle seconded by BARKER to fill unexpired term on Service District kl Board of Supervisors. PIiiMPlI UQiC-n MOTION CARRIED Unanimous Voice Vote PUBLIC BSARIBG COMMITTEE REPORTS APPOINTMENT TO SERVICE DISTRICT 01 BOARD OF SUPERVISOR PUBLIC HEARING A. Ordinance No. 89-11-0 Providing For The Issuance Of 1989 ORDINANCE General Obligation School Refunding Bonds Of The Borough In NO. 89-11-0 The Aggregate Principal Amount Of Not TO Exceed $10,100,000 To Provide Funds Required To Refund Certain Outstanding General Obligation Bonds Of The Borough, Fixing Certain Details Of Such Bonds And Authorizing Their Sale. STEVENS, moved to adopt Ordinance seconded by MERRIMAN No. 89-11-0. PARKER, moved to amend by seconded by MERRIMAN substitution Ordinance No. 89-11-0. The presiding officer called for public testimony Tom K1inkner, representative of the law firm of wolforth, Argetsinger, Johnson, and Brecht, Kodiak Island Borough's bond counsel, noted that he was available to answer questions from the assembly. Assemblymember Barker said she understood this ordinance authorized the enactment of this type of bond sale and not actually authorized the sale of bonds. Mayor Selby said Assemblymember Barker was correct and the resale of the bonds was not being proposed at this time. Mr. Klinkner explained the changes in the substituted ordinance at Assemblyman Austerman's request. The presiding officer closed the public testimony and reconvened the assembly. VOTE ON MOTION TO AMEND Ayes: Austerman, Barker, Merriman, Parker, Stevens, White Noes: None MOTION CARRIED Unanimous April 6, 1989 KIBS103837 Page 53 -.0 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO ADOPT PUBLIC HEARING Ayes: Barker, Merriman, Parker, ORDINANCE Stevens, Austeiman, White NO. 89-11-0 Noes:None (continued) MOTION CARRIED Unanimous S. Emergency Ordinance No. 89-14-0 Establishing An Emergency EMERGENCY ORDINANCE Fund To Accumulate Costs Of The Oil Spill Disaster and NO. 89-14-0 Appropriating $500,000 In Oil Spill Cleanup Grant Funds Received From The State Of Alaska. AUSTERMAN, moved to adopt Emergency seconded by MERRIMAN Ordinance No. 89-14-0. The presiding officer called Eor public testimony; there being none, the assembly was reconvened. Mayor Selby explained the ordinance was introduced to allow the borough to deal with the $500,000 grant from the Alaska Depart- ment of Conservation. He said there was a Memorandum of Agree- ment between the DEC and the Kodiak Island Borough, and listed the specific items allowed within the agreement as protective boom deployment, spill tracking and reconnaissance, beach surveillance and establishing shoreline baseline information. He pointed out the request to waive the borough's standard purchasing requirements. The Emergency Management Council comprised of city of Kodiak's mayor and manager, the borough mayor, and the Commander of the Coast Guard Center would make the decisions regarding the dispersal of the money. The borough would issue the purchase orders, checks, etc., as well as keeping the accounting, he added. A discussion followed between the mayor and assemblymembers. VOTE ON MOTION TO ADOPT Ayes: Merriman, Parker, Stevens Austerman, Barker, White Noes: None MOTION CARRIED Unanimous The presiding officer recessed the assembly and convened the Board Of Adjustment. Presiding Officer White, declaring a conflict of interest, passed the gavel to Assemblymember Barker. e a i e a.. e i e.. a e a e e. BOARD or ADJUSTSIBef BOARD OF ADJUSTMENT An appeal of a Planning and Zoning Commission decision to affix CHARLES HOLLISTER an administrative decision and order to discontinue the unlawful APPEAL use of lam (maintaining a junk yard in A B—Business Zoninq District) and ras m,.1 of all it,,, classified As junk by SePt®ber 1, 19891 and Planning and Zoning Catasion's denial of a request for relief from, the Adaiaiwtrative Decision in the form of m arceptiOn from Section 37.21.020 (Peaitted u") of the Borough Code to parmit the operation of A salvage yard in a e—Brine" Zoning District. Lot 2, Tract a, Bunnian Creek .Alaska Subdivision; (Charles Hollister - 893 Paoamnnuff Creek Drive) •. e v* A s a.. a a a A e e A. e A A e e a A A. a A. A April 6, 1989 Page 54 KIBS103838 w,. Kodiak Island Borough Regular Assembly Meeting Linda Freed, Community Development Director, referred the assembly BOARD OF ADJUSTMENT to portions of their appeal packet rather than reading the lengthy findings which were adopted by the Planning and Zoning Commission. She referred to the pages of the P&Z minutes of February 15, 1989 CHARLES HOL6TSTER which pertained to the appeal and stated the case was initiated APPEAL (co id) by a citizen's complaint and followed by borough enforcement action. This enforcement administrative decision was appealed to the P&Z Commission. She stated the P&Z Commission did affirm the administrative decision that the junk yard located on Lot 2, Track N, Russian Creek Alaska Subdivision, was an unlawful use of land and all items of junk and scrap salvage must be removed by September 1, 1989. Ms. Freed read the summary of the findings of the P&Z Commission on their reasons for upholding the administrative decision as follows: "It is clear to the Commission that use of Lot 2, Tract N, Russian Creek Alaska Subdivision, for auto salvage, bulk petroleum storage, and trailer fabrication are industrial uses and as such are prohibited uses in the B --Business Zoning District. There may be other uses taking place on the property which are inconsistent with the Zoning Code, however, the examples noted are the most obvious and incompatible with the environment and surrounding property. Concerning the requirement to abate these violations by September 1, 1989, the Commission feels this is more than adequate if a concerted effort to clean up the property were put forth by the property owner. If the abatement period were to begin on February 15, 1989, the appellant would have until September 1, 1989 to clear the property of all junk and scrap salvage material. The weather should become less of a factor as time goes on and there are some items that could be moved off site and disposed of without a forklift in any event. She added the applicant had asked for relief in the form of an exception if the administrative decision was upheld, and stated the PBZ Commission denied the request to grant an exception. Specifically, she said the Commission found that the proposed use in the application even with appropriated conditions or restrictions, would (A) endanger the public's health, safety, or general welfare, (B) be inconsistent with the general purposes and intent of this title, and (C) adversely impact other properties or uses in the neighborhood. A discussion was held among the assemblymembers and Linda Freed. Elan& White, resident in the Women's Bay area, said she hoped the assembly would uphold the Planning and Zoning Commission's decision. She said the P&Z Commission's decision was consistent with the administration's decision and the neighborhood property owners' position. She distributed a map with the lots of property owners who had written letters opposing a junk yard or salvage yard circled in red. She pointed out that most of the property owners opposed industrial use such as a junk yard on this lot. The appellant, Charles Hollister, failed to appear in defense of his appeal. The presiding officer closed the public testimony and reconvened the Board of Adjustment. PARKER, moved to uphold the decision seconded by STEVENS - by the Planning and Zoning Commission. VOTE ON MOTION Ayes: Parker, Stevens, Austerman, Barker, Merriman Noes: None Abstain: White MOTION CARRIED 5 Ayes, 1 Abstention April 6, 1989 Page 55 KIBS103939 E3 KIBS103840 Kodiak Island Borough Regular Assembly Meeting AUSTERMAN, moved to adopt the Planning BOARD OF ADJUSTMENT seconded by STE S and Zoning Comsission'a Findings of Fact of February 15, 1989 as follows: CHARLES HOLLISTER This case originates from a citizen's complaint about the outdoor APPEAL (continued) storage of junk and scrap in a B --Business Zoning District. Following investigation of the complaint, and several attempts to resolve the issue directly with the property owner, the enforce- ment officer issued an administrative decision ordering disconr tinuation of the unlawful land use (maintaining a junkyard) and ordered removal of all junk and scrap items within seventy-five (75) days. According to a summary statement compiled by the enforcement officer and signed by the appellant, the following points constitute the basis upon which this appeal is based. The appellant asserts that this operation is not a junkyard but a lawful business use of the land (auto body repair, trailer repair and fabrication, and metal recycling). The appellant further asserts that seventy-five (75) days is not a reasonable length of time in which to clean up the property. The appellant has further requested that if the operation is determined by the Planning and Zoning Commission to be a "Junkyard" relief be granted by the approval of an exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit the operation of a salvage yard in a B --Business Zoning District. The Commission has reviewed the case file compiled by the enforcement officer. After reviewing file photographs and conducting an on-site investigation, the Commission feels that most of the items of outdoor storage on the property meet the definition of junk and scrap that is provided in Section 17.06.340 of the Borough Code, which states: 17.06.340 Junkyard. "Junk yard" means any space one hundred square feet or more of any lot or parcel of land used for the storage, keeping or abandonment of junk or waste material including scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles, other vehicles, machinery or any parts thereof. The property ..at has asserted that the use of the property for auto body repair is a lawful use of land in the B --Business Zoning District. This is true. For example, car dealers in the Kodiak central Business District also do auto body repair. The difference is, most auto body repair businesses do not use parts which are salvaged from spare vehicles being stored on the property for that purpose. The practice of maintaining vehicles for salvage is clearly indicated within the Borough's definition of what constitutes a junkyard. As Section 17.36.080 of the Borough Code states, a junkyard in any district other than the 1 --Industrial Zoning District is considered to be a public nuisance. Whether other businesses located in the B --Business Zoning District may or may not be using land for similar purposes as the appellant is not really the issue here. The use of a --Business property to stockpile vehicles for salvage clearly falls under the Borough Code's definition of "junkyard" (17.06.340). Unless an exception has been approved for the other properties indicated by the appellant, which permits vehicle salvage operations, those property owners would also be in violation of the Borough Zoning Code and subject to enforcement proceedings. (The enforcement officer has indicated that case files exist for most if not all of the businesses cited as examples.) April 6, 1989 Page 56 r] Kodiak Island Borough Regular Assembly Meeting In addition to the vehicle salvage taking place on the property, BOARD OF ADJIDSTMEN7 the enforcement officer has documented approximately thirty-three drums (55 gallons each) stored outside on the property which the property owner has indicated contain waste oil for heating, or CHARLES HOLLIS_TER other similar petroleum products. Photographic evidence indi- APPEAL (co r/ d) rates that this condition has existed since at least July, 1986. i A previous enforcement officer at that time documented the fact that some of these containers had apparently leaked or otherwise contaminated the site as there were indications that petroleum products had soaked into the ground in that area. The storage of petroleum products in bulk is not a permitted use in the B --Business Zoning District. This use is permitted only in the I --Industrial Zoning District as a conditional use, and most likely would only be permitted when it was assured that these products would be handled in such a way as to eliminate any contamination of the subject property. The appellant has also asserted that another use of the property includes the fabrication of trailers. This use is not consistent with Section 17.21.010C, of the Borough Code which states the intention of the B --Business Zoning District: To prohibit the use of business district lands for manufacturing and industrial purposes. It is clear to the Commission that use of Lot 2, Tract N, Russian Creek Alaska Subdivision, for auto sal. age, bulk petroleum storage, and trailer fabrication are industrial uses and as such are prohibited uses in the B --Business Zoning District. There may be other uses taking place on the property which are incon- sistent with the Zoning Code, however the examples noted are the most obvious and incompatible with the environment and surround- ing property. Concerning the requirement to abate these violations by September 1, 1989, the Commission feels this is more than adequate if a concerted effort to clean up the property were put forth by the property owner. If the abatement period were to begin on February 15, 1989, the appellant would have until September 1, 1989 to clear the property of all junk and scrap salvage material. The weather should become less of a factor as time goes on and there are some items that could be moved off site and disposed of without a forklift in any event. EXCEPTION REQUEST FINDINGS OF FACT That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (8) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. It appears that the proposed use, may endanger the public's health, safety or general welfare because industrial land uses (e.g., junkyards, scrap salvage, trailer fabrication, bulk fuel storage) have the potential to detract from the use of the land and adjoining properties for residential and business purposes. This is evidenced by the complaints already received regarding the storage of junk vehicles and scrap materials. Methods of limiting these potential land use conflicts can include, but are not limited to, screening, limits on the land area to be used for the activity, or time limits on the length of time the proposed activity is allowed. Conditions, such as those above, may address concerns about the appearance of outdoor storage in the form of junk and scrap salvage and thereby preserve the public's welfare. However, the storage of bulk petroleum and/or waste oil, constitutes a clear and present danger to the environment, as well as the public's health, safety and general welfare. the only way that this situation can be adequately addressed would be to require the site to be cleaned up properly, to include the removal and proper disposal of all stored petro - April 6, 1989 Page 57 KIBS103841 Kodiak Island Borough Regular Assembly Meeting leum products and contaminated soil on the site. Then, BOARD OF ADJUSTMENT future storage of petroleum products on the site should only be permitted after improvements had been made which would be commensurate with those normally required by conditional use CHARLES HOLLISTER permit in the I --Industrial Zoning District. In addition, a APPEAL (continued) finding that the use of land would present no danger to the nearby residential areas, wither by accidental release of petroleum on site, or as a result of fire, would have to be made prior to approval of this type of land use. B. The proposed use will be inconsistent with the general purposes and intent of Chapter 1).21.010(Description and Intent) of the B --Business Zoning District. Section 17.03.080 specifies that uses not listed as a permitted uses are prohibited. Junkyards, scrap salvage and outdoor storage Of bulk petroleum products are not listed as permitted uses in the B --Business Zoning District. The description and intent of the B --Business Zoning District, Section 17,21.010, is to encourage the continued use and development of land for retail purposes; to discourage the use of business district lands for other than retail purposes; to prohibit the use of business district lands for manufacturing and industrial purposes; and to encourage the discontinuance Of existing uses that are not permitted under the provisions of this chapter. The applicant's exception request is not consistent with the description and intent of the B --Business Zoning District. The uses proposed are industrial in nature and not appropriate for development in the B --Business Zoning District or in the vicinity of existing residential developments in the area. An appropriate option would be to investigate the rezone of the site to the I --Industrial Zoning District classification which is the only zoning district that permits the land uses desired by the applicant. C. The proposed use could potentially have adverse impacts on other properties in the area. In addition to the potential land use conflicts between the requested industrial land uses and the existing/potential residential and business land uses (e.g. noise, traffic, hours of operation, etc.) granting this exception will set a precedent for changing the use of the B --Business Zoning District. This is espe- cially true given the existence of the current uses already taking place on the property. This exception, if approved, will allow what are essentially industrial use of the surrounding B --Business zoned land may also be of an industrial nature. If the Commission feels this is legiti- mate impression to give to the public then at some point the property should be investigated for possible rezoning. VOTE ON MOTION Ayes: Stevens, Austerman, Barker, Merriman, Parker Noes: None Abstain: White MOTION CARRIED 5 Ayes, 1 Abstention Presiding Officer Barker reconvened the assembly and returned the gavel to Assemblyman White. The presiding officer called for a ten minute recess. The presiding officer reconvened the assembly. April 6, 1989 Page 50 KIBS103842 Kodiak Island Borough Regular Assembly Meeting MESSAZZ5 FROM TM BDR000 MYOR Mayor Selby stated the borough had just received a Memorandum of Agreement from Exxon for $500,000 and requested the assembly to reconsider Emergency Ordinance No. 89-14-0 so this Memorandum of Agreement could be included. He said that during the last five days the Emergency Management Council had been active trying to mobilize and prepare Kodiak to avoid as much damage as possible should the Exxon oil spill in Prince William Sound hit Kodiak Island. Mayor Selby reported on the preparation taking place. Robert Brodie, mayor of the city of Kodiak, updated the assembly on the most recent actions taken in the local area to thwart the effects of the oil and the preventative measures being used to protect the fish hatcheries. A discussion followed among the assembly and Mayor Brodie and Mayor Selby. Assemblyman Stevens commended Mayor Selby, Mayor Brodie, Sim Ramaglia, Gordon Gould, and Captain Blackett for heading up the Emergency Management Council and said it meant a lot to have such dedicated community leaders. Mayor Selby proclaimed the week of April 9-15, 1989 as National Library Week in Kodiak and presented Barbara Rodin with the proclamation. MESSAGES FROM MAYOR PARKER, moved to reconsider RECONSIDERATION seconded by STEVENS Emergency Ordinance EMERGENCY ORDINANCE No. 89-14-0. NO. 89-14-0 VOTE ON MOTION TO RECONSIDER MOTION CARRIED unanimous Voice Vote STEVENS, moved to amend Emergency seconded by PARKER Ordinance No. 89-14-0 to add Sections ], 8, and 9 as follows: "Section 7. The Kodiak Island Borough hereby accepts the $500,000 oil spill cleanup grant from the Exxon Shipping Company. The Mayor is authorized to execute the Memorandum of Agreement accompanying said grant. The Mayor is further authorized to accept additional grants from the Exxon Shipping Company which are on substantially the same terms as this grant. Section S. The FY89 budget is amended by recognizing additional revenue to the General Fund from the Exxon grant in the amount $500,000 and by appropriating $500,000 from the General Fund to the Oil Spill Disaster Fund. All other grant funds accepted by the Mayor pursuant to Section ] are hereby appropriated to the 011 Spill Disaster Fund. Section 9. The Mayor may expend the funds only for the purposes and in the manner described in the Memorandum Agreement. The Mayor shall notify the assembly promptly upon receipt of additional grant funds from the Exxon Shipping Company and shall introduce an ordinance to formally accept and appropriate the exact dollar amounts of any additional grants at the next regular assembly meeting." Mayor Selby responded to questions from the assemblymembers. VOTE ON MOTION TO AMEND Ayes: Austerman, Barker, Merriman, Parker, Stevens, White Noes: None MOTION CARRIED unanimous April 6, 1989 Page 59 KIBS103843 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO ADOPT AS AMENDED RECONSIDERATION Ayes: EMERGENCY ORDINANCE Barker, Merriman, Parker, NO. 89-14-0 Stevens, AusteIman, white (continued) Noes: None MOTION CARRIED Unanimous = BUSINESS OLD BUSINESS The Presiding Officer recessed the assembly and convened the Board of Adjustment. A. BOARD OF ADJUSTMENT - NOTICE OF INTENT TO RECONSIDER an BOARD OF ADJUSTMENT appeal of a Planning and Zoning Commission decision t0 NOTICE OF INTENT TO approve an exception from Section 12.18.020 of the Borough RECONSIDER - Code to permit a forty by sixty (40 X 60) foot fishing gear JAMES BERG APPEAL storage and shop building to locate in a R1--Single-Femily Residential Zoning District on Lot 1OB2, U.S. Survey 3099 - 2266 Rezanof (Applicant - Jon Smee)(Appellants - James Berg and Sid Cozart) No motion to reconsider was forthcoming. Presiding Officer white declared that the vote to uphold the Planning and Zoning Commission's decision was three votes to two votes. He pointed out that four votes were necessary to overturn the Planning and Zoning Cceemission's decision so, therefore, the Planning and Zoning Commission's decision was upheld. He announced the appeal was denied. AUSTERMAN, moved to adopt Planning and FINDINGS OF FACT - seconded by MERRIMAN Zoning Commission's Findings of Fact of December 21, 1989 as follows: "1. Exceptional physical circumstances or conditions applicable to the property or intended use of develop- ment, which generally do not apply to other properties in the same land use district. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan, 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. 6. That the granting of the variance will not permit a Prohibited land use in the district involved." VOTE ON MOTION Ayes: Merriman, Stevens, Austerman, Barker, Parker Noes: white MOTION CARRIED 5 Ayes, I No (CLERK'S NOTE: Since Assemblymen Parker did not respond when the roll call was taken, his vote was cast on the prevailing side.) April 6, 1989 Page 60 KIBS103844 Kodiak Island Borough Regular Assembly Meeting Assemblyman Parker questioned whether it was appropriate for BOARD OF ADJUSTMENT an assemblyman to vote on the findings of fact when that NOTICE OF INTENT 'TC - assemblyman was not present when the original vote was taken. RECONSIDER - Merriman, Parker, White JAMES BERG APPEAL Presiding Officer White explained it was appropriate for an MOTION CARRIED assemblyman to vote on the findings of fact provided that B. RESOLUTIONS assemblyman had listened to the taped meeting of the Board RESOLUTIONS Of Adjustment. 89-16-R Authorizing Leasing Of The RESOLUTION Presiding Officer White adjourned the Board of Adjustment and NO. 89-16-R reconvened the assembly. approved under the "Consent Agenda." NEN SUSIPESS 89-17-R Authorizing Participation In The NEW BUSINESS A. BID AWARDS Assistance Program Pursuant To BID AWARDS 1. Borough Building Heating Controls Contract Award. BOROUGH BUILDING This item was previously approved under the "Consent Agenda." HEATING CONTROLS BARKER, moved to award Borough CONTRACT AWARD seconded by STEVENS Building Heating Controls AUSTERMAN, moved to adopt Resolution Contract to Honeywell seconded by MERRIMAN No. 89-18-R. Building Services in an April 6, 1989 amount NTE $6,615. VOTE ON MOTION Ayes: Parker, Stevens, Austerman, Barker, Merriman, White Noes: None MOTION CARRIED Unanimous 2. King Crab Critical Habitat Study Award. KING CRAB CRITICAL HABITAT STUDY AWARD AUSTEAMAN, moved to find proposals seconded by STEVENS submitted by ADF&G and Aqualife Engineering Services non-responsive tO the specifications of the request for proposal and award the contract to the National Marine Fisheries Service in an amount NTE $55,454.63. VOTE ON MOTION Ayes: Stevens, Austemman, Barker, Merriman, Parker, White Noes: None MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 89-16-R Authorizing Leasing Of The RESOLUTION Office Space In The Kodiak Island Borough Building. NO. 89-16-R This item was previously approved under the "Consent Agenda." 2. Resolution No. 89-17-R Authorizing Participation In The RESOLUTION State Day Care Assistance Program Pursuant To NO. 89-17-R AS 44.47.250-310. This item was previously approved under the "Consent Agenda." 3. Resolution No. 89-18-R Amending Solid Waste Collection RESOLUTION And Disposal Rates. NO. 89-18-R AUSTERMAN, moved to adopt Resolution seconded by MERRIMAN No. 89-18-R. April 6, 1989 Page 61 KIBS103845 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote 4. Resolution No. 89-19-R Regarding The Rural Housing Assistance Development Loan Program. mmlmAN' moved to adopt Resolution seconded by STEVENS No. 89-19-0. At Assemblyman Stevens request, Mayor Selby explained that the Rural Housing Assistance Development Loan Program had been well managed and had a surplus of funds. He said the suggestion had been made by the Legislature to use these funds to reduce the deficit of the Alaska Housing Finance Corporation. If this program was taken over by the AHFC, Mayor Selby thought it might be very difficult to obtain housing loans in rural areas. VOTE ON MOTION Ayes: AUsterman, Barker, Merriman, Parker, Stevens, White Noes: None MOTION CARRIED Unanimous NEW BUSINESS RESOLUTION NO. 89-18-R RESOLUTION NO. 89-19-0 5. Resolution No. 89-20-R Directing The Planning And RESOLUTION Zoning Commission To Develop A Comprehensive Plan For NO. 59-20-R The Area North Of The Kodiak City Limits. STEVENS, moved to adopt Resolution seconded by MERRIMAN No. 89-20-R. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote 6. Resolution No. 89-21-R Supporting Full Utilization Of Pollock And A Shcrebased Preference In The Domestic Allocation Of All Fisheries. MERRIMAN, moved to adopt Resolution seconded by STEVENS NO. 89-21-R. Mayor Selby explained this resolution was the result of a community meeting to identify the five specific points which the North Pacific Fishery Management Council were be regnested to address. He mentioned a similar resolution had been adopted by the Alaska Conference of Mayors and the Alaska Municipal League Board of Directors, and the project was receiving excellent support from other coastal communities. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 89-12-0 Rezoning Tracts B-2 And C, U.S. Survey 3218 From RR1--Aural Residential One To Business. (Advance to Public Hearing on May 4, 1989) This.item was previously approved in first reading under the "Consent Agenda." D. OTHER ITEMS 1. Authorization to bid Bayside Fire Station Sprinkler system. This item was previously approved under the "Consent Agenda." April 6, 1989 KIBS103846 RESOLUTION NO. 89-21-R ORDINANCES FOR INTRODUCTION ORDINANCE NO. 89-12-0 OTHER ITEMS AUTHORIZATION TO 81 BAYSIDE FIRE STATIC SPRINKLER SYSTEM Page 62 Kodiak Island Borough Regular Assembly Meeting 2. Authorization to bid construction of Chiniak NEW BUSINESS - Library/Tsunami Center. AUTHORIZATION TO BI This item was previously approved under the "Consent Agenda." CONSTRUCTION OF CHI LIBRARY/TS1 CEN 3. Authorization to bid painting of exterior of Main Elementary School. AUTHORIZATA.. :O SI PAINTING OF EKTERIC This item was previously approved under the "Consent Agenda." MAIN ELEMENTARY SCH 4. Authorization to bid for new lockers for Kodiak High AUTHORIZATION TO BI School. NEW LOCKERS FOR KODIAK HIGH SCHOOL This item was previously approved under the "Consent Agenda." 5. Authorization to hire a Clinician III at Step 21.5(A). AUTHORIZATION TO HI CLINICIAN III AT STEVENS, moved to authorize the RANGE 27.5 STEP A seconded by MERRIMAN hiring of Clinician III at Range 27.5 Step A. Mayor Selby stated that the Mental Health Center had been trying to hire a Clinician III for over a year but had difficulty due to the borough's existing salary range. He said the borough was not competitive at the salary range being offered. Ayes: Barker, Merriman, Parker, Stevens, Austerman, White Noes: None - MOTION CARRIED Unanimous IIII'ORMATIQ MATBRWB (No action required) INFORMATIONAL MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER 1. K.I.B. School District Regular Meeting of MEETINGS February 27, 1989. 2. Gear Storage Task Force Minutes of March 10, 1989. 3. R.I.B. Mental Health Center Advisory Board Regular Meetings of January 23, 1989 and March 6, 1989 and Special Meeting of February 15, 1989. 4. K.I.B. Planning and Zoning Commission Regular Meeting of March 15, 1989. B. REPORTS REPORTS 1. K.I.B. School District Financial Report for February, 1989. C. OTHER OTHER CITIEE6' CITIZENS' COMMENTS Robin Heinrichs inquired whether construction debris which was not bagged was subject to the higher $35.00 fee at the landfill site. ASSENMML ®'S COMMS ASSEMBLYMEN'S COMMENTS Assemblyman Merriman declared it made him feel good to see the community come together in this crisis situation. He thought it was the "can do" and "will do" attitude of the people that would have to 'address the problem. He said there was not much that could be done at the present time except possibly to look to the Almighty which he deemed was worth considering. Assemblyman Austerman added his sentiments to those expressed earlier about the group who was working so diligently to monitor and organize the efforts towards protecting Kodiak's coast line. He thought the assembly might note for future reference that when money was taken from a service district budget, the advisory board should be apprised. April 6, 1989 Page 63 KIBS103847 Kodiak Island Borough Regular Assembly Meeting Assemblyman Parker urged citizens who were concerned about the ASSEMBLYMEN'S wildlife that might be impacted by the oil spill to become COMMENTS involved in the training being offered by the Audubon Society. Referring to the oil spill, Assemblyman Barker stated it was gratifying to see the public concern and the progress being made toward becoming more organized. She said she was encouraged for Kodiak after looking at the latest map and asked if it might be conceivable that the oil might become heavier, sink, and not move a great distance. Assemblyman white declared it was good to have the team in place and working. He said it was important for Kodiak to have a focal point where the community could go to express their concerns. He said preparation for a "worst case" scenario was good because he had seen the atmosphere change with everyone working together as one unit to attack a common enemy. He described the destruction in Prince William Sound as incredible and very demoralizing to those individuals who had seen it. He said his heart when out to the residents of the area especially the fishermen who had lost their livelihood. ABJOORIDIEW AOSOURNMENT There being no further business to come before the assembly, the meeting adjourned at 9:35 p.m. ATTEST: Presiding Officer cL �I_ -- og." yiar, April 6, 1989 Page 64 KIBS103848 10.