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1985-11-07 Regular Meeting1' i Kodiak Island Borough Regular Assembly Meeting November 7, 1985 KODIAK ISLAND BOROUGH Regular Assembly Meeting November 7, 1985 A regular meeting of the Kodiak Island Borough Assembly was REGULAR MEETING held November 7, 1985, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:35 p.m. (A verbatim record is on file in the Clerk's office). There were present: Lorne White Ann Barker Eric Blankenburg Edward Naughton Absent: Donnell Rounsaville (excused) comprising a quorum of the assembly; also Jerome Selby, Borough Mayor Linda Freed, Community Development Director Gaye Vaughan, Borough Clerk Shirley Berns, Deputy Borough Clerk OF NEWLY ELECTED OFFICIALS The Borough Clerk swore in Alan Austerman and Ken Gregg as the two newly elected officials. REORGANIZATION OF THE ASSEMBLY NAUGHTON, seconded by BLANKENBURG BARKER, seconded by BLANKENBURG NO OBJECTION, SO ORDERED VOTE ON MOTION Ayes: Noes: MOTION CARRIED APPROVAL OF AGENDA NAUGHTON, seconded by BLANKENBURG NO OBJECTION, SO ORDERED moved to unanimously nominate Mr. White as the presiding officer and Ms. Barker as the deputy presiding officer. moved to close the nominations. Austerman, Barker, Blankenburg, Gregg Naughton, White None Unanimous moved to approve the agenda as presented. 41177:ie1VA AKQ) 0.14illy 4+?•'ffl)W410471y;3..1+1W N I Z[04I A. K.I.B. School District - Reg - Sept 23, 1985 K.I.B. School District - Spec - Oct 14, 1985 B. Fire Protection Area # 1 Adv Brd - August, 1985 C. Planning & Zoning Commission - Reg - Sept 18, 1985 Reg - Oct 16, 1985 D. Kodiak Economic Development Comm - Reg - Sept 30, 1985 ROLL CALL INSTALLATION OF NEW ASSEMBLY OF ASSEMBLY APPROVAL OF AGENDA APPROVAL OF MINUTES Kodiak Island Borough Regular Assembly Meeting November 7, 1985 E. Parks & Recreation Committee - Reg - Sept 16, 1985 NAUGHTON, seconded by NO OBJECTION, SO ORDERED AND APPEARANCES A. Boards and Commissions moved to acknowledge receipt of items A through E. Ed Van Fleet, member of Service District 1, spoke concerning the Scott Arndt Appeal Hearing. He proposed that the assembly turn the matter back to the Service District so they can evaluate the data and submit a complete report with recommendations for the December meeting. Scott Arndt said returning the information back to the Service District for review and recommendations was acceptable to him. Steve Rennell, representative from the Planning and Zoning Commission, noted he was in attendance to answer questions if necessary. B. Appeal Hearing - Scott Arndt BARKER, seconded by AUSTERMAN NO OBJECTION, SO ORDERED moved to table the appeal hearing until December meeting and return matter to Service Area Board. C. Planning and Zoning Commission Appointments Mayor Selby requested the confirmation of appointment of Robin Heinrichs to a one (1) year city term, Mary Lou Knudsen to a three (3) year city term, and Scott Thompson and Steve Rennell to three (3) year borough terms to the Planning and Zoning Commission. GREGG, seconded by BLANKENBURG VOTE ON MOTION TO RATIFY Ayes Noes: MOTION CARRIED D. October, 1985 Financial Report NAUGHTON, seconded by NO OBJECTION, SO ORDERED moved to ratify the appointments as presented. Barker, Blankenburg, Gregg, Naughton, Austerman, White None Unanimous moved to accept October, 1965 Financial Report. The presiding officer recessed the assembly and convened the body as the Board of Adjustment. *** BOARD OF ADJUSTMENT *** Appeal by Wilton T. White of the P & Z Commission decision to approve Final Subdivision of a Portion of Unsubdivided U.S. Survey 1396; to Lakeview Subdivision, Lots 1-18 (Len Grothe - applicant) Resolution No. 85-102-R. Linda Freed, Director of the Community Development Department, stated this subdivision was first granted approval by the P & Z Commission on June 15, 1983. That decision was appealed to the APPROVAL OF MINUTES (Cont'd.) COMMUNICATIONS AND APPEARANCES BOARDS/COMMISSIONS ARNDT APPEAL PLANNING COMMISSION APPOINTMENTS OCTOBER 1985 FINANCIAL REPORT BOARD OF ADJUSTMENT/ WHITE APPEAL 6 u l ll�l `I Kodiak Island Borough Regular Assembly Meeting November 7, 1985 Borough Assembly which subsequently overturned the P & Z Commission's decision on September 1, 1983. The action of the assembly was appealed to Superior Court for the State of Alaska. On March 18, 1985 the Superior Court remanded the case back to the Planning and Zoning Commission to make findings on what safety hazards, if any, the subdivision might pose to residents or pilots; whether surrounding property values will in fact depreciate; and the effect, if any, of the applicable city ordinances. She presented the findings of the P & Z Commission athat were adopted at the June 19, 1985 meeting in support of the approval of the Lakeview Subdivision. These findings were: 1) no significant safety hazards to float plane operation or surrounding residents will result from the creation of lots through the subdivision process. Future development of the lots will be within the City of Kodiak side slope and glide slope ordinances; 2) that the proposed subdivision will not be materially detrimental to the surrounding property values unless the float plane facility were to be shut down as a result of non compliance with the City of Kodiak codes and ordinances. 3) that the proposed subdivision will not have an adverse effect on any applicable City of Kodiak ordinance. Compliance with city ordinances will be assured through issuance of city building permits; 4) that a note should be added to the plat as follows: "Some of the lots in this subdivision may be affected by the City of Kodiak glide slope and side slope requirements. She stated that on July 10, 1985 Mr. Wilton White appealed the decision to the Assembly sitting as the Board of Adjustment. Wilton White, appellant, presented his case to the assembly. He asked it be noted for the record that one member of the assembly (Mr. Gregg) sat on the P & Z Commission when it passed the subdivision unanimously. He said this case originally appeared before the assembly in April, 1980 and the subdivision failed by Da two to two -tied vote based on the protest of a number of people in the area. He had a question as to the responsibilities of the P & Z Commission. He noted that in the document from the court it stated the commission's duty was to make a detailed factual finding regarding any possible conflicts Grothe's plat may create with the Lilly Lake float plane facility. The Commission was also to make findings on safety hazards the subdivision might pose to residents or pilots. He was concerned about the P & Z Commission's statement that no significant safety hazards to float plane operations or surrounding residents would result from the creation of lots. He stated the findings were a verbatim transcript from Len Grothe's attorney's letter of recommendations to the Commission. He felt there was no evidence the Commission made any attempt to determine whether there was a safety hazard involved or detrimental effects on the surrounding property values, etc. He questioned whether the P & Z Commission was looking out for the good of the Community. Regarding the safety factor involved with float planes, he stated that planes departing the lake would constitute 80 percent of the hazard rather than planes approaching the lake. He felt the Commission came up with their conclusions without having any substantiating information. He said many of the properties around the lake were purchased strictly for float plane operations. His chief concern was for the safety of both pilots and residents living in the area. He thought this should be the prime concern of the rl Commission in making the decision regarding the subdivision. Norm Sutliff spoke in support of the appeal. Mel Stephens, attorney for the City of Kodiak, spoke in support of the appeal. Wilton White, appellant, responded to the conclusions made regarding the safety factors in using Lilly Lake as a seaplane airport lake. Assemblyman Gregg noted that he would abstain. WHITE APPEAL (Cont'd.) 3 Kodiak Island Borough Regular Assembly Meeting AUSTERMAN, MOTION DIED BARKER, seconded by AUSTERMAN moved to adopt Resolution No. 85-102-R affirming the decision of the Planning Commission. Lack of second moved to adopt Resolution No. 85-102-R overturning the decision of the Planning Commission. i A discussion ensued during which the possibility of returning the matter to the Commission was raised. BLANKENBURG, seconded by NAUGHTON AUSTERMAN, seconded by NAUGHTON MOTION WITHDRAWN VOTE ON MOTION TO TABLE Ayes: Noes: Abstain: MOTION FAILED AUSTERMAN, ,--, seconded by BARKER VOTE ON MOTION TO TABLE Ayes: Noes: Abstain: MOTION CARRIED moved to table Resolution No. 85-102-R. moved to amend to return to P & Z Commission for fact finding and public hearing. Blankenburg, Naughton Austerman, Barker, White Gregg 2 Ayes, 3 Noes, 1 Abstention moved to table Resolution No. 85-102-R Austerman, Barker, Blankenburg, Naughton White Gregg 4 Ayes, 1 No, 1 Abstention Presiding Officer White called for a brief recess after which the Assembly reconvened. PUBLIC BEARINGS A. Ordinance No. 85-30-0 Rezoning the Remaining Portion of Tract G, U.S. Survey 444 (Russian Orthodox Church). NAUGHTON, moved to adopt Ordinance seconded by BARKER No. 85-30-0. The presiding officer called for public hearing. Father Joseph Kreta, Russian Orthodox Church representative, reviewed their request for rezoning. Jack Mann spoke in favor of the rezone. Jack McFarland, a property owner adjacent to the area in question, spoke in favor of the ordinance. Okey Chandler spoke in favor of the ordinance. There being no further testimony, public hearing was closed. November 7, 1985 WHITE APPEAL (Cont'd.) RECESS PUBLIC HEARINGS ORDINANCE NO. 85-30-0 4 Kodiak Island Borough November 7, 1985 Regular Assembly Meeting VOTE ON MOTION TO ADOPT ORDINANCE NO. 85-30-0 Ayes: Barker, Blankenburg, Gregg, (Cont'd.) Naughton, Austerman, White Noes: None MOTION CARRIED Unanimous OLD BUSINESS OLD BUSINESS A. Notice of Intent to Reconsider Ordinance No. 85-29-0(A) RECONSIDER/ Rezoning The "Lakeside Subdivision Area." ORDINANCE NO. 85-29-0 GREGG, moved to reconsider Ordinance seconded by AUSTERMAN No. 85-29-0(A). A discussion followed between the members of the assembly. VOTE ON MOTION TO RECONSIDER Ayes: White Noes: Austerman, Barker, Blankenburg, Gregg, Naughton MOTION FAILED 1 Aye, 5 Noes B. Ordinance No. 85-22-0 Amending The Kodiak Island Borough ORDINANCE Code To Adopt Garbage And Solid Waste Collection And NO. 85-22-0 Disposal Powers In The Areas Outside Cities And Accept The Transfer Of Such Powers From The City Of Kodiak. �. BARKER, moved to remove from the table seconded by NAUGHTON Ordinance No. 85-22-0 VOTE ON MOTION TO REMOVE FROM TABLE Ayes: Gregg, Naughton, Barker, Blankenburg, White Noes: Austerman MOTION CARRIED 5 Ayes, 1 No BLANKENBURG, moved to table Ordinance No. seconded by NAUGHTON 85-22-0 until December meeting. MOTION CARRIED Unanimous voice vote MAYOR'S REPORT MAYOR'S REPORT A. November Meetings B. Staff Reports NAUGHTON, moved to acknowledge receipt. seconded by BLANKENBURG NO OBJECTION, SO ORDERED C. Other Mayor Selby requested confirmation of Linda Freed to serve as APP'T. OF Acting Mayor in his absence. ACTING MAYOR BLANKENBURG, moved to accept Linda Freed as seconded by GREGG Acting Mayor in the Mayor's absence. MOTION CARRIED Unanimous voice vote 5 Kodiak Island Borough November 7, 1985 Regular Assembly Meeting Mr. Selby proclaimed the week of November 17-22, 1985, as MAYOR'S REPORT American Education Week. (Cont'd.) NEW BUSINESS NEW BUSINESS A. Assembly Committee Appointments COMMITTEE APPOINTMENTS The presiding officer noted the following committee appointments: 1. Architectural Review Board - Donnell Rounsaville 2. Hospital Advisory Board - Ann Barker 3. Mental Health Board - Lonnie White 4. Parks and Recreation - Alan Austerman 5. Gravel Extraction - Ed Naughton 6. Sanitary Landfill Committee - Eric Blankenburg 7. Community College - Lonnie White 8. School Budget Review Board - Ken Gregg 9. DP Steering Committee - Ken Gregg 10. Kodiak Transportation System (KTS) - Alan Austerman BARKER, moved to ratify the committee seconded by AUSTERMAN appointments. MOTION CARRIED Unanimous voice vote B. Res. 85-103-R Authorizing The Acquisition Of Construction RESOLUTION And Maintenance Easements To Accommodate Construction Of NO. 85-103-R Service District No. 1 Water and Sewer Improvements, Project No. 85-1(B). BLANKENBURG, moved to adopt Resolution seconded by AUSTERMAN No.85-103-R. VOTE ON MOTION TO ADOPT Ayes: Gregg, Naughton, Austerman, Barker, Blankenburg, White Noes: None MOTION CARRIED Unanimous C. Res. 85-104-R Establishing Amount Due From City Of Kodiak RESOLUTION For Taxes On Personal Property Within City Limits. NO. 85-104-R NAUGHTON, moved to adopt Resolution seconded by BARKER No. 85-104-R. VOTE ON MOTION TO ADOPT Ayes: Naughton, Austerman, Barker Blankenburg, Gregg, White Noes: None MOTION CARRIED Unanimous r-^ D. Res. 85-105-R Authorizing The Purchase Of Additional Data RESOLUTION Processing Disk Storage. NO. 85-105-R GREGG, seconded by BLANKENBURG VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED moved to adopt Resolution 85-105-R. Austerman, Barker, Blankenburg, Gregg, Naughton, White None Unanimous C1 0�-I I Kodiak Island Borough November 7, 1985 Regular Assembly Meeting E. Res. 85-106-R Urging Full Funding Of The U. S. Coast Guard RESOLUTION FY 86 Operating Budget. NO. 85-106-R AUSTERMAN, moved to adopt Resolution seconded by BLANKENBURG No. 85-106-R. MOTION CARRIED Unanimous voice vote F. Res. 85-107-R Urging The State Legislature To Investigate RESOLUTION r-^ Tort Reform And The Reasons Behind The Unavailability Of NO. 85-107-R Certain Lines Of Insurance. BLANKENBURG, moved to adopt Resolution seconded by GREGG No.85-107-R. MOTION CARRIED Unanimous voice vote G. Res. 85-108-R Establishing A Joint City/Borough Fiscal Year RESOLUTION 1967 Capital Project Priority List. NO. 85-108-R BLANKENBURG, moved to adopt Resolution seconded by BARKER No. 85-108-R. NAUGHTON, moved to amend the resolution to seconded by BLANKENBURG include "of Kodiak" following the work City in the title. VOTE ON MOTION TO AMEND MOTION CARRIED Unanimous voice vote VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Barker, Blankenburg, Gregg, Austerman, White Noes: Naughton MOTION CARRIED 5 Ayes, 1 No H. Ord. 85-31-0 Amending Kodiak Island Borough Code Sections ORDINANCE 2.16.130, 2.28.020, 4.40.090, 8.08.030 and 6.08.050. NO. 85-31-0 NAUGHTON, moved to adopt Ordinance 85-31-0 seconded by BLANKENBURG at first reading. NO OBJECTION, SO ORDERED MAYOR'S COMMENTS MAYOR'S COMMENTS The Mayor noted this section would be deleted from agenda. Waived comments in this section. ASSEMBLY COMMENTS ASSEMBLY COMMENTS Assemblymember Austerman stressed that City of Kodiak personnel should be encouraged to attend the joint work session on November -- 21st regarding the Lilly Lake airplane problem so it can be resolved. He also said that a Japanese fisheries delegation would be arriving in Kodiak next week. He thought it might be wise to explore the protocol in the matter of exchanging gifts to make these visitors feel welcome. Assemblymember Barker welcomed Mr. Austerman and Mr. Gregg to the assembly. She welcomed the borough clerk and said the assembly was receiving the benefit of her expertise. Presiding Officer White thanked Ms. Barker for taking the time to write the article that appeared in the paper regarding the sanitation problem. He urged the assembly to write a letter regarding the state airport parking situation because village 7 N N Kodiak Island Borough Regular Assembly Meeting November 7, 1985 F E people will not be allowed to park for long periods of time and ASSEMBLY they need a place to park their vehicles. He was concerned about COMMENTS the Lakeside Subdivision (Block 3) land that contained the buffer (Cont'd.) adjacent to R2 land and thought it should be looked at again. He thanked the new assembly members and said he appreciated having good working people. Assemblymember Gregg stressed his desire to have an advisory committee to the assembly regarding the landfill to review the ordinance and suggest changes. Assemblymember Naughton attended the Coastal Policy Council Meeting in Anchorage last week as the appointee from this district. He said the Aleutian East Coastal Service Area Program had been adopted which is the same program that was adopted for the Kodiak area. This program assists communities to write regulations for the coastal zone. He said the coastal management program should be watched to make certain that it is local based. Jim Gingerich, Kodiak Island Hospital Administrator, welcomed Mr. Gregg and Mr. Austerman. He invited them to the hospital so he could bring them up to date on the hospital project. He said there was a seven minute slide presentation available to present to the public so the public can understand the needs of the hospital and become involved. Lorna -Lee Arndt expressed her views on various subjects. There being no further business to come before the assembly, the meeting adjourned at 9:14 p.m. Lf/ P iding Officer ATTEST: CMe_ B rough 1 k AUDIENCE COMMENTS r