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1985-12-05 Regular MeetingM KODIAK ISLAND BOROUGH Regular Assembly Meeting December 5, 1985 A regular meeting of the Kodiak Island Borough Assembly was held REGULAR MEETING December 5, 1985, in the Assembly Chambers of the Kodiak Island Borough Building at 6:30 p.m. 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, Presiding Alan Austerman Ann Barker Eric Blankenburg Ken Gregg 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 APPROVAL OF AGENDA , seconded by BARKER NO OBJECTION, SO ORDERED GREGG, seconded by AUSTERMAN NO OBJECTION, SO ORDERED MINUTES OF PREVIOUS MEETINGS moved to approve the agenda as presented. moved to delete Ordinance 85-34-0 from the agenda. A. K.I.B. Assembly - Reg - October 3, 1985 B. K.I.B. Assembly - Spec - October 11, 1985 C. K.I.H. Assembly - Reg - November 7, 1985 BLANKENBURG, moved to approve minutes seconded by BARKER from the previous meetings. NO OBJECTION, SO ORDERED APPROVAL OF MINUTES OF OTHER MEETINGS A. Women's Bay Service District - Reg - October 10, 1985 B. K.I.B. Mental Health Advisory Board - Reg - Sep 23, 1985 C. K.I.B. School District - Reg - October 28, 1985 .�. K.I.B. School District - Spec - November 2, 1985 K.I.B. School District - Spec - November 18, 1985 BLANKENBURG, seconded by BARKER NO OBJECTION, SO ORDERED COMMUNICATIONS & APPEARANCE A. Boards and Commissions B. FY85 Annual Audit moved to acknowledge receipt of items A through C. ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES COMMUNICATIONS & APPEARANCES FY85 AUDIT Kodiak Island Borough December 5, 1985 Regular Assembly Meeting GREGG, moved to acknowledge receipt COMM & APPEAR seconded by BARKER of audit. (continued) NO OBJECTION, SO ORDERED C. Kodiak Island Hospital Budget HOSPITAL BUDGET BARKER, moved to acknowledge receipt seconded by GREGG of hospital budget. NO OBJECTION, SO ORDERED D. Kodiak Island Borough Assembly 1986 Meeting Dates 1986 MEETING DATES BLANKENBURG, moved to adopt the 1986 seconded by BARKER assembly meeting dates. NO OBJECTION, SO ORDERED E. State of Alaska DNR/KIB Management Agreement for Shuyak SHUYAK ISLAND Island. AGREEMENT AUSTERMAN, moved to authorize the Mayor seconded by BLANKENBURG to enter into negotiations with the State of Alaska DNR for an agreement for Shuyak Island. NO OBJECTION, SO ORDERED F. 1986 Liquor License Renewals and Application for New Restau- LIQUOR LICENCE rant Designation Permit. RENEWALS GREGG, moved to approve the seconded by AUSTERMAN restaurant designation permit for the Kodiak Buskin River Inn. BARKER, moved to amend to remove the seconded by BLANKENBURG part in the application that states persons 16 years old or younger may dine unaccompanied. MOTION TO AMEND WITHDRAWN Following an assembly discussion, Mr. Gregg, with the concurrence of his second, clarified his motion as follows: "moved to voice non objection to the restaurant designation permit for the Kodiak Buskin River Inn." VOTE ON MOTION TO APPROVE Ayes: Gregg Noes: Austerman, Barker, Blankenburg, Naughton, White MOTION FAILED 1 Aye, 5 Noes Since no motion was made, the 1986 Liquor License Renewals for Kalsin Inn and Beachcombers were approved without objection. G. November 1985 Financial Report NOVEMBER 1985 FINANCIAL REPORT BLANKENBURG, moved to accept November, seconded by BARKER 1985 Financial Report. NO OBJECTION, SO ORDERED 2 �15v Kodiak Island Borough December 5, 1985 Regular Assembly Meeting The presiding officer recessed the assembly and convened the body BOARD OF as the Board of Adjustment. ADJUSTMENT/ BRUSH APPEAL * * * BOARD OF ADJUSTMBMT * * * An Appeal by Rick Brush of the Planning and Zoning Commission decision to deny Preliminary Subdivision of Lot 3, Block 7, Wood- land Acres Subdivision, Fifth Addition, to Lots 3A, and 3B. Resolution No. 85-112-R. rLinda Freed, Director of the Community Development Department, Illl I stated that the P & Z Commission on September 18, 1985 denied the preliminary subdivision and gave the following reasons for their action: 1. The lot is fairly small to be subdivided to the minimum lot sizes, given the size of the other lots in the subdivision and the potential for duplex development of each lot, in relation to the subdivision as a whole. 2. The original subdivision, Woodland Acres Subdivision Fifth Addition, broke the land up into the smallest desirable lots for this development. Rick Brush, appellant, presented his case to the assembly. He stated the letter which he wrote summarizing his position in the appeal was a matter of record but he wished to review the high points. The subdivision that he proposed to the P & Z Commission was one he understood to be in full compliance of current codes. He proceeded to invest the funds in surveying, application, etc. for the subdivision. He was disappointed by the P & Z Commis- sion's objections to the subdivision and the resulting two to two tied vote creating a deadlock where the subdivider loses and must resort to the appeal level. He said that he has done additional research relating to subdivisions and cannot see why his subdivi- sion is not in compliance. All the relevant code requirements are cited in his letter, he stated. He also referred to the Borough Engineer's objections to the subdivision in this letter and felt these objections were extremely influential to two mem- bers of the Commission. He felt that he had to respond to every point raised and said none of the points raised expanded on the requirements of the code. He said the Borough Engineer reads the code differently than he does and makes reference to strict in- terpretation of the code. He felt that the code did not state that radial lines must be strictly applied. He felt that a bet- ter lot layout resulted with a non radial line. He felt the denial of the subdivision was not grounded in the Borough Code. The one code not cited in the Borough Engineer's second memo states that a subdivider shall consult with the appropriate Bor- ough officials to make decisions about desirable lot size, etc, etc.. He said he was not put on notice that he should design his subdivision any differently than he did. He asked that the as- sembly put his subdivision in the proper perspective. He said he had a big stake in the Woodland Acres Subdivision area and would be hunting himself if he degraded the desirability of the area. BARKER, seconded by NAUGHTON BARKER, seconded by VOTE ON NOTION TO AMEND NO OBJECTION, SO ORDERED moved to adopt Resolution No. 85-112-R reversing the decision of the P & Z Commission. moved to amend Resolution No. 85-112-R to include a note stating "Streams and natural drainage courses shall not be blocked or impeded" in the final plat. 3 Kodiak Island Borough Regular Assembly Meeting December 5, 1985 VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED Barker, Blankenburg, Gregg, Naughton, Austerman, White None Unanimous The presiding officer adjourned the Board of Adjustment and re- convened the assembly. PUBLIC BEARINGS A. Ordinance 85-31-0 Amending Kodiak Island Borough Code Sec- tions 2.16.130, 2.28.020, 4.40.090, 8.08.050. BLANKENBURG, moved to adopt Ordinance seconded by NAUGHTON 85-31-0. The presiding officer called for public hearing; there being none, the public hearing was closed. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED OLD BUSINESS Blankenburg, Gregg, Naughton, Austerman, Barker, White None Unanimous A. Ordinance 85-22-0 Amending The Kodiak Island Borough Code To Adopt Garbage And Solid Waste Collection And Disposal Powers In The Areas Outside Cities And Accept The Transfer Of Such Powers From The City Of Kodiak. NAUGHTON, seconded by GREGG NO OBJECTION, SO ORDERED GREGG, seconded by NAUGHTON NO OBJECTION, SO ORDERED moved to remove from the table Ordinance No. 85-22-0. moved to table Ordinance No. 85-22-0 to the January, 1986 meeting. BOARD OF ADJUSTMENT (continued) PUBLIC HEARINGS ORDINANCE No. 85-31-0 OLD BUSINESS ORDINANCE NO. 85-22-0 B. BOARD OF ADJUSTMENT - An appeal by Wilton White of the P & Z BOARD OF Commission's decision to approve Final Subdivision of a ADJUSTMENT/ Portion of Unsubdivided U. S. Survey 1396; to Lakeview Sub- WHITE APPEAL division, Lots 1-18. (Len Grothe - applicant) Resolution No. 85-102-R. BLANKENBURG, seconded by BARKER NO OBJECTION, SO ORDERED AUSTERMAN, seconded by NAUGHTON NO OBJECTION, SO ORDERED MAYOR'S REPORT moved to remove Resolution No. 85-102-R from the table. moved to table Resolution No. 85-102-R until after the P & Z Public Hearing and Findings of Fact. MAYOR'S 21 GIFT' l Kodiak Island Borough Regular Assembly Meeting December 5, 1985 A. December Meetings seconded by BARKER MOTION CARRIED B. Staff Reports seconded by BARKER MOTION CARRIED C. Other Business moved to acknowledge receipt. Unanimous voice vote moved to acknowledge receipt. Unanimous voice vote Mayor Selby reported that Kodiak was very effective and well represented at the Alaska Municipal League meeting in Fairbanks this year. We were able to accomplish more than hoped. We were able to protect our concern about trying to keep the federal government from adding additional limited entry in the fisheries; and, successful in adding full funding of the Alaska Seafood Marketing Institute. We were also successful in getting our resolutions adopted by the League, such as the Coast Guard resolution urging continued full funding. Appointment of Cliff Davidson and Assemblywoman Barker to the Legislative Commission Committee of the Municipal League and the election of City Mayor Pugh to the Alaska Municipal League Board of Directors were in- dicative of the perception that Kodiak representatives were ef- fective in the work sessions. He concluded that it was a very successful trip. NEW BUSINESS A. Award of Road Maintenance Contract for Service District # 1 BLANKENBURG, moved to award the Road seconded by BARKER Maintenance Contract for Service District # 1 to Brechan Enterprises. VOTE ON MOTION TO AWARD Ayes: Noes: Gregg, Naughton, Austerman, Barker, Blankenburg, White None MOTION CARRIED Unanimous B. Award of Road Maintenance Contract for Women's Bay Service Area. BARKER, seconded by GREGG VOTE ON MOTION TO AWARD Ayes: Noes: moved to award the Road Maintenance Contract for Women's Bay Service Area to Brechan Enterprises. Naughton, Barker, Blankenburg, Gregg, White Austerman MOTION CARRIED 5 Ayes, 1 No C. Resolution 85-109-R Awarding The Maintenance Facility Con- struction Contract. REPORT NEW BUSINESS AWARD OF SERVICE DISTRICT # 1 CONTRACT AWARD OF WOMEN'S BAY SERVICE DISTRICT CONTRACT RESOLUTION NO. 85-109-R 5 �_ t: ,.. Kodiak Island Borough Regular Assembly Meeting December 5, 1985 BARKER, seconded by NAUGHTON VOTE ON MOTION TO ADOPT Ayes: Noes: moved to adopt Resolution No. 85-109-R. Barker, Blankenburg, Gregg, Naughton, White Austerman MOTION CARRIED 5 Ayes, 1 No D. Resolution 85-110-R Authorizing The Lease Of Borough Real Property And Directing The Mayor To Enter Into Negotiations NAUGHTON, seconded by AUSTERMAN moved to adopt Resolution No. 85-110-R. MOTION CARRIED Unanimous voice vote E. Resolution 85-111-R Supporting Alaska Power Authority Fund- ing Of The Ouzinkie Hydroelectric Power Generation Project. NAUGHTON, seconded by moved to adopt Resolution No. 85-111-R. MOTION CARRIED Unanimous voice vote F. Resolution 85-113-R Granting An Electrical Easement Across Certain Borough Property. AUSTERMAN, seconded by BLANKENBURG VOTE ON MOTION TO ADOPT Ayes: Noes: moved to adopt Resolution No. 85-113-R. Barker, Blankenburg, Gregg, Naughton, Austerman, White None MOTION CARRIED Unanimous G. Ordinance 85-32-0 Amending K.I.B. Code 1.02 Supplement Codi- fication. BLANKENBURG, seconded by BARKER NO OBJECTION, SO ORDERED moved to adopt Ordinance 85-32-0 at first reading. H. Ordinance 85-33-0 Amending Ordinance No. 85-15-0, Levying Taxes On All Taxable Real And Personal Property Within The Borough For The Expenses and Liabilities Of The Borough For The Fiscal Year Commencing On The First Day Of July, 1985, And Ending On The Thirtieth Day Of June, 1986. ._ seconded by BARKER NO OBJECTION, SO ORDERED moved to adopt Ordinance 85-15-0 at first reading. RESOLUTION NO. 85-109-R (continued) RESOLUTION NO. 85-110-R RESOLUTION NO. 85-111-R RESOLUTION NO. 85-113-R ORDINANCE NO. 85-32-0 ORDINANCE NO. 85-33-0 I. Ordinance 85-34-0 Providing For The Submission To The Quali- ORDINANCE fied Voters Of The Kodiak Island Borough, The Question Of NO. 85-34-0 The Issuance Of $14,150,000 Of General Obligation Bonds Of The Kodiak Island Borough To Pay The Cost Of School Improve- ments In The Borough, At A Special Election to Be Held For That Purpose On February 18, 1986. (CLERK'S NOTE: Ordinance No. 85-34-0 was previously with- drawn from the agenda.) Kodiak Island Borough December 5, 1985 Regular Assembly Meeting J. Ordinance 85-35-0 Amending The Service District No. 1 Water ORDINANCE And Sewer Operating Budgets. NO. 85-35-0 BLANKENBURG, moved to adopt Ordinance ORDINANCE seconded by BARKER 85-35-0 at first reading. NO. 85-35-0 (continued) NO OBJECTION, SO ORDERED ASSEMBLY COMMENTS ASSEMBLY COMMENTS None AUDIENCE COMMENTS AUDIENCE COMMENTS Okey Chandler expressed his views on several subjects. There being no further business to come before the assembly, the meeting adjourned at 7:50 p.m. ATTEST: c Bo ough k W� Presid ng Officer ADJOURNMENT 7