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1981-12-03 Regular MeetingKODIAK ISLAND 80R&GH ASSC:MBLY h1ET4NG"- DECEMBER 3, 1981 (A Verbatim Record is on File in the Clerk's Office) I CALL TO ORDER Mayor Herrnsteen called the meeting to order at 7:40 P.M. in the Borough Assembly Chambers. II ROLL CALL Present Absent Mayor Herrnsteen Mr. Anderson Mr. Arndt Mr. Murray Mr. Peotter Mr. Wakefield Mr. White A quorum was established. Mayor Herrnsteen thanked the people involved in the search and rescue of the persons that were aboard the St. Patrick on behalf of the Borough and Community. He asked for a minute of silence to express the deep sorrow felt by the community for the ones lost. III ACCEPTANCE OF AGENDA IV V VI Mayor Herrnsteen had one addition to be added to the agenda under COMMUNICATIONS & APPEARANCES item D. Architectural Review Board - Mr. Wavne Coleman. There were no objections to the agenda. MINUTES OF PREVIOUS MEETINGS A. Assembly - Reg. - Nov. 9, 1981 Mr. Peotter moved to accept the Minutes of November 9, 1981 Mr. White. Motion carried with no objection. MINUTES OF OTHER MEETINGS Seconded by A. KIBSD - Reg. - Oct. 26/Nov. 9, 1981 B. KIB Hospital Advisory Brd. - Sept. 8/Sept. 15/Oct. 13/Nov. 3, 1981 C. P & Z - Reg. - Oct. 21, 1981 D. Bells Flats -Russian Creek Road Service District - Nov. 4, 1981 E. Architectural Review Board - Nov. 12/Nov. 20, 1981 F. Personnel Advisory Board - July 1, 1981 (3rd Qtr.) G. Health Resources Advisory Council - Sept. 2/Oct. 29, 1981 H. O.C.S. Advisory Council - June 16/Oct. 13, 1981 I. CZM Tech. Comm. - Dec. 1, 1980/Jan. 28/March 24/Sept. 14, 1981 Mr. Peotter moved to acknowledge receipt of Items A thru I Wakefield. Motion carried by unanimous voice vote. COMMUNICATIONS & APPEARANCES Seconded by Mr. A. P & Z Representative B. Hospital Advisory Board Appointment Mayor Herrnsteen appointed the following: Mr. Ben Ardinger - 3 year term to expire October 1984 Mr. Tom Sweeney - 1 year term to expire 1982 Mr. Wilton White - 3 year term to expire 1984 Mr. Jerome Selby - ex-officio member - Health Director of KANA Dr. Charles McCoy - ex-officio member - Chief of Staff of Hospital Mr. Peotter moved to ratify the appointments. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. C. Health Resources Advisory Board No action taken. KIBr;ASSEMBLY MEETING __' Dic. I, 1981 Page 2 D. Architectural Review Board - Mr. Wayne Coleman Mr. Peotter moved that the Administration be directed to enter in negotiations with URS Company for the Island Lake Sewer and Water Project. Seconded by Mr. Wakefield. Mr. Arndt moved by substitution to negotiate with Kramer, Chin & Mayo. Seconded by Mr. Wakefield. Motion failed 1-5 with Mr. Arndt casting the YES vote. Main motion carried 4-2 v.-ith Mr. Arndt and Mr. Murray casting the NO votes. *** BOARD OF ADJUSTMENT A. Toby Cook on Lot 4A, Block 3, Miller Point Alaska Subdivision Mayor Herrnsteen closed the regular meeting and reconvened as a Board of Adjustment. Appellant:(Toby Cook for Mike and Violet Rock)1. It would create an unnecessary hardship on the Rocks. The building has been there since 1973 and it's a 35Y x 43'gearshed. It would be impossible to move. 2. There are exceptional physical characteristics to this property in that the structures have already existed for a number of years. A subdivision line doesn't, from how I under- stand it, create a nonconforming use. If the line were to be straightened out, then we wouldn't have the setbacks required. Then we would have to request a variance on the setback. That is why the line was drawn the way it is. Granting this subdivision without the two conditions would not result in any material damage or prejudice to other properties in the vicinity. It wouldn't be detrimental to the public's health, safety or welfare. We have checked with all the other property owners and we haven't come up with any opposition. Granting the subdivision without the conditions wouldn't be contrary to the objectives of the comprehensive plan. We know the plan is not arbitrary, unreasonable or destructive. I feel that blanket decisions that are being made are not the way we need decisions made. We need each case like this considered on its own merit. Members of P & Z need to see the location. I would like to read the letter handed to me as I walked in tonight from Mrs. Jean Alwert asking the Assembly to pass the subdivision. Mayor Herrnsteen noted the receipt of letters and statements from the following: Mr. Bartel Mr. Martin Urie Mrs. Thunnel Mr. R.G. Wamser Mr. Bill Jacobson Mrs. Missal Mrs. Nelson Michael & Carolyn Jones Gordon Bartel: We moved to Kodiak in July and immediately began looking for property. We were shown this house and fell in love with it. We entered into negotiation with the Rocks simply because we could not afford the entire almost two and a half acres with both buildings. The Rocks were good enough to consent if the subdivision passed to sell the home with approximately 40,000 feet of property in the front. We have occupied the home pending the proposed sub- division and are only waiting an outcome at this point. William Missal: I don't have any problem with the gearshed, the shape of the lot, It being adjacent to my property or it being used as it is now. Or if a residence was built there. I would like to point out that this easement was there when I bought this property long before there was any thought of sub- dividing it. I don't see where that easement creates any kind of a problem at all Mayor Herrnsteen asked if anyone present opposed the appeal and there were none. Therefore, the Public Hearing portion closed. Tim Hill: ( P & Z Rep.) The main reason for the decision is because of the non- conforming use it would be creating. Under Title 16 is why we asked them to make a straight line. We are trying to keep all the lot lines straight. Mr. Peotter moved to affirm the recommendations of the Planning and Zoning Commission. Seconded y Mr. Murray. Mr. Cook: (rebuttal) The two conditions placed on the subdivision are what we are appealing. One condition was that the lot line be straightened. The lot line can't be straightened with the buildings where they are. The second condition was the fact that they wanted to remove the gearshed. The gearshed has been there a long time. UP ASSEMBLY (MEETING -'Decl 3,1 1g81 Page 3 Robinne Bartel:I'm the one who made a lot of the phone calls to the people whose letters you have in your file. Their responses were all positive. The way I am looking at it is that it gives us a chance to buy property in Kodiak. We have been here since the middle of the summer and extensively looked for something to buy. We finally found something we could afford and the back parcel is a potential perhaps for another private resident. Which I think Kodiak could use. Motion carried 4-2 with Mr. Anderson and Mr. Wakefield casting the NO votes. Mr. Peotter: I concur with the Planning and Zoning Commission in that it creates an unconforming use in the setbacks as required by the code for Lot 4A-1. They would oe in violation of the code. Mr. Murray: I concur with Mr. Peotter. I feel that what we would be doing is creating the same problems that we've addressed in the past and that is that we, by allowing subdivisions to go through without adherence to the code, set up different sets of standards for people. We indicate to new subdividers that they have to meet certain requirements in order to subdivide. I think the same thing exists here. Mr. Arndt: I concur with the Planning and Zoning Commission. I also have some other problems with it similar to Mr. Murray's. A lot of it being the access. If any other developer comes in here dedicated access has to be provided. When snmeone goes to build on it there are setbacks that have to be adhered to or variances have to be obtained. I just can't go along with this. Mr. White: I voted to uphold Planning and Zoning because it would create a nonconforming use of the proposed lot 4A-2 and it would also be noncon- forming setback for rear lot 4A-1. Mr. Wakefield: Voted in favor of Appealant; therefore, statement is not required. Mr. Anderson: Voted in favor of Appealant; therefore, statement is not required. B. William & Jean Alwert on Lot 3, Block 1, Kadiak Alaska, First Addition Tim Hill: (P & Z Rep.) The main reason for the Commission's decision is that it is creating a nonconforming use by Dlacino an accessory building on R-3 land without a main dwelling. Appel 1ant: (Mr. Alwert) I am half owner of the Buccaneer Enterprises. Iiwant to put a storage building for my gear that I have stored there, at my house and at the cannery that I fish for. I have lost a lot of gear out there already because I don't have any way of locking it up. I have a contract for a building that we are proposing to build on there. In the last three years alone, I probably lost $20,000 worth of gear out there because I can't lock it up. We tried to get a building permit on that property when we first bought it to build a house. We were turned down because it t-Couldn't Dass the perk test for a septic tank because it is a pond there and we have filled it. Now if we can't put a building up to put our gear inside, can't store it at the cannery, we could store it at our house here in town and it would be legal but I don't think my neighbors would like it. So I would appreciate it very much if we could get this passed. Gale Ilolfert: I am a teacher at Peterson Elementary and I am also a former employee of Mr. Alwert's partner. I would like to speak in favor of their appeal because I happen to be familiar with the location of the property and I am also familiar with the problems they have encountered out there. I was a witness to the damage that was done to the gear which was damaged by some- one tunneling through all the crab pots with a pocket knife. This is a fishing community and an awful lot of revenue's derived from'the fishing industry. I think the support of the fishing industry is pretty important. I also recognize the importance of proper planning and zoning. Dave Pistorese: I am a fisherman and former employee of Buccaneer Enterprises. I agree with everything that Gale and Bill said. I think it is in the interest of all concerned to pass this adjustment. I think by doing this you will allow the fishing gear that is presently stored in a populated residential area to be moved and stored in appropriate structure outside of town. I believe this is good for both the residents and the Borough. KIB ASAMBL% MEET'AG - Deb. U, 298f; Page 4 Skip Bolton: I have lived here for sixteen years and I am also a fisherman. I would like to say that I am in favor of Mr. Alwert's proposal here because for one reason I store my gear out there too. I would also like to say that as long as I have lived here and been a fisherman I feel that I somehow have been alienated from this community at times, just because I am a fisherman. It seems like there is a certain element in this town that if you're a fisherman it's fine, we'll take your taxes and we'll take your money. I think some special consideration should be given for this project. Stuart Ferris: I am a fisherman and I live in town. I am in favor of Bill's project because I have the same thing Skip does, I store some of my gear there. Paul Duffy: I am in favor of Bill's project. Lorna Arndt: As you know this size warehouse is bigger than the warehouse I lost and I'm not allowed to put up another one, even a smaller size on business zoned land. All I was using mine for was to store personal belongings of mine and my kids which we don't have room for anywhere else. I'm not interested in renting anything out, I just want somewhere to store my own belongings. In our code, I think it reads, that even in R-3 if you put up an accessory building on your land it must be for your own private use and not for others. Another thing is, our service district is being formed and sewer and water lines are going right down that way. If we have to wait in our service district, why can't this wait until a dwelling is put up there. I think before you do anything else, I think the Borough Assembly needs to define the size of accessory buildings that will be allowed on R-1, R-2 and R-3 land. Also, you should determine what size building is considered a warehouse and would go on industrial land. I think if you've got codes and statutes we need to follow them. Paul Duffy: (rebuttal) Everything is not zoned exactly the way it probably should be and in this case it is zoned R-3 but he cannot build a house on it because of the perk test. The property is real thick with fill because it is all swamp. So there are circumstances such as this one that I feel you should take a little thought in. Mr. Alwert:(rebuttal) I have never charged for storage. Mr. Wakefield moved to reverse the decision of Planning and Zoning Commission and grant the exception requested by Buccaneer Enterprises. Seconded by Mr. Anderson. Motion failed 3-3 with Mr. Anderson. Mr. Murrav and Mr. Wakefield Mr. Peotter: I feel that the ordinances and the legal nonconformity that is in existance now would be perpetuated by granting this appeal. It is zoned R-3 and there is a reason for zoning R-3. It was difficult for me to make that decision, but I do feel that we have to begin to uphold our ordinances. Mr. Arndt: I agree with Mr. Peotter, it is a very difficult decision. I feel that we do have the ordinances and it comes down to the feeling that if we are going to have them we need to adhere to them; if not get rid of them or change them. I concur with Planning and Zoning reasons for denial. Mr. White: I believe we should uphold Planning and Zonings decision because it is nonforming use of R-3 property. I think we need to get some rezoning and perhaps this will add some strength to the necessity of getting a warehouse ordinance in this area so we can allow this. Pot storage is a problem all over town. Mayor Herrnsteen closed the Board of Adjustment. VII PUBLIC HEARINGS A. Ord. No. 81-53-0 Providing For The Composition, Representation And Apportionment Of The Kodiak Island Borough Assembly. Mr. Peotter moved to adopt Ordinance No. 81-53-0 Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote. Seconded by Mr. Anderson. KI$ AISEMBLY.MEETING - Aed. 31. 1981 Page 5 B. Ord. No. 81-54-0 Amending Title 17 Of The KIB Code, Pertaining To Zoning, By Revising Chapter 17.03 - General Provisions And Deleting Portions Of Chapter 17.30 - General Use Regulations. Mr. Anderson moved to adopt Ordinance No. 81-54-0. Seconded by Mr. Murray. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote. C. Ord. No. 81-55-0 Amending Chapter 17.09 Zoning Map District Boundaries. Mr. Murray moved to adopt Ordinance No. 81-55-0. Seconded by Mr. White. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote. D. Ord. No. 81-56-0 Amending Chapter 17.28 - Watershed Zones And Deleting Sections 17.30.060(B) And 17.66.030(B) - Additional Uses Permitted In Watershed Zones. Mr. Anderson moved to adopt Ordinance No. 81-56-0 Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote. Seconded by Mr. Wakefield. E. Ord. No. 81-57-0 Amending Chapter 16.20 Of The KIB Code, Pertaining To Subdivision Design Standards, By Creating Park Dedication Requirements. Mr. Murray moved to adopt Ordinance No. 81-57-0. Seconded by Mr. Peotter. Regular Session closed: Public Hearing opened: Ron Doubt: I don't feel that the community is in need of having property owners supply private land for public use. I feel there are many other methods by which this community can acquire land. They have land given to them by the State, the Borough owns land at this time, they've owned land in the past and if this is a priority they could've gone ahead and set that land aside for parks. If they need money to develop the parks, we have a tax system. I would like to see parks developed in the community but I don't think you should take any one property list or one section of the property list and say that these are the people that are going to go ahead and develop the parks. Craig Bishop: I have a real problem with taking property from anybody for any reason without compensation. Don Rounsaville: I am for the concept of parks. I think we need them, but I don't think this is the way to go. I think you need to rethink parts of this as far as the size of parcel before you pass it. Gary Donaldson: I am no longer a resident of Kodiak but I was just visiting your meeting here tonight. I'm rather appalled at the socialistic idea that any government body can sit here and write an ordinance that they feel is nice because they woultd like a park, so that they can legally steal the land from the people. Public Hearing closed: Regular Session opened: Mr. Hill:(P & Z Rep.) I would like to say that the ordinance is comDletely legitimate and legal as we presented it to you. The concept is good. KIB AISEMPLY:MEETING -"Ded. 3^,, A-81 " Page 6 This is what they call a "developer or sub -dividers" tax. Motion failed by unanimous voice vote. F. Ord. No. 81-58-0 Amending Title 17 Of The KIB Code, Pertaining To Zoning, By Revising Chapter 17.60, Signs. Mr. Anderson moved to adopt Ordinance No. 81-58-0. Seconded by Mr. White. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote. G. Ord. No. 81-59-0 For The Disposal Of Tax - Foreclosed Land, U.S. Survey 2382, Located On Raspberry Island, Kodiak Island Borough, Alaska. Mr. Wakefield moved to adopt Ordinance No. 81-59-0. Seconded by Mr. Anderson. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote. VIII OLD BUSINESS A. Port Lions Mini -Hydro (Tabled) Mr. Wakefield moved to remove the Port Lions Mini -Hydro Project from the table. Seconded by Mr. Peotter. Motion carried with no objection. (Mr. Wakefield moved that the Borough Assembly send letters to the State agencies supporting the overhead transmission line to Port Lions from the Terror Lake Hydro -Electric Project and stating it is consistant with Kodiak Island Borough's Coastal Zone Management Plan as it is being developed. Seconded by Mr. White.) Main motion carried by unanimous voice vote. B. Memo re: Hospital Audit Mr. Peotter moved to concur with the Manager's suggestion on the financial management review of the hospital and that he enter into an agreement with Arthur Young and Company not to exceed $7,300 and not to exceed $1,500 for out-of-pocket expenses with the total not to exceed $8,800. Seconded by Mr. White. Motion carried by unanimous voice vote. IX MANAGERS REPORT A. Memo re: Request for Meeting 1. Thursday, Dec. 10, 1981, 7:00 P.M. with CZM Staff 2. Thursday, Dec. 17, 1981, 7:00 P.M. with KANA 3. January Assembly Meeting changed to Jan. 6, 1982 at 6:30 PM. X NEW BUSINESS A. Destroying Ballots Oct. 5, 1976 - Reg. Jan. 18, 1977 - Special Feb. 8, 1977 - Run -Off Oct. 7, 1980 - Reg. Mr. White and Mr. Murray volunteered to help with this duty. B. Ord. No. 81-60-0 Correcting Budget Wording Of Title 3 As indicated.(lst Rdg.) Mr. Anderson moved to adopt Ordinance No. 81-60-0. Seconded by Mr. Peotter. Motion carried by unanimous voice vote. KIB`:ASSf MBLY MEETING - Dec.13,,198T Page 7 C. Ord. No. 81-61-0 Relating To Acceptance And Appropriation Of Grant Funds. (1st Rdg.) Mr. Anderson moved to adopt Ordinance No. 81-61-0. Seconded by Mr. White. Motion carried by unanimous voice vote. D. Ord. No. 81-62-0 Pertaining To The Status Of Employees Of The Kodiak Mental Health Center. (1st Rdg.) Mr. Anderson moved to adopt Ordinance No 81-62-0. Seconded by Mr. White. Motion carried by unanimous voice vote. E. Ord. No. 81-63-0 Relating To The Authority Of The Manager To Effect Change Orders With Respect To Borough Construction. Mr. Anderson moved to adopt Ordinance No. 81-63-0. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. F. Ord. No. 81-64-0 Amending The Appropriation Ordinance Of Fiscal Year 1982 For Road Service Districts. (1st Rdg.) Mr. Peotter moved to adopt Ordinance No. 81-64-0. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. G. Ord. No. 81-65-0 Amendina Number Of Members Of The Bells Flats -Russian Creek Advisory Board From Five Members To Seven Members. (1st Rdg.) Mr. Peotter moved to adopt Ordinance No. 81-65-0. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. H. Res. No. 81-95-R Authorizing Application For A Grant To Construct A School At Chiniak. Mr. Peotter moved to adopt Resolution No. 81-95-R. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. I. Res. No. 81-96-R Designating The Borough Treasurer Or His Successor To Proceed Under AS 29.53.230 To Enforce The Lien Of Taxes Against Real Property. Mr. Peotter moved to adopt Resolution No. 81-96-R. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. J. Res. No. 81-97-R Establishing Policy Of Fixed Asset Accounting For The KIB. Mr. White moved to adopt Resolution No. 81-97-R. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. K. Res. No. 81-98-R Authorizing A Negotiated Lease For An Indoor Shooting Facility. Mr. Anderson moved to adopt Resolution No. 81-98-R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. L. Audit Management Letter Mr. Murray moved to accept both the audit and management letter of Arthur Young and Company. Seconded by Mr. Arndt. Mr. Peotter moved to amend by requesting the administration and staff to report quarterly as to the progress on recommendations that were made in comments in the letter. Seconded by Mr. White. Amendment carried by unanimous voice vote. Main motion as amended carried by unanimous voice vote. M. Memo re: Annexation Request by the City Mr. Peotter moved to authorize the Manager to draft a letter of non -objection to the annexation of Gull, Uski and Round Islands into the corporate city limits. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. N. Res. No. 81-100-R Supporting The Terror Lake Project. Mr. Peotter moved to adopt Resolution No. 81-100-R. Seconded by Mr. Anderson. Motion carried by unanimous voice vote. KI$ A�SEMBLY'MEQHNG - 'Ded. 3,' Ml Mr. Peotter moved that Mr. Shealy and any Assembly Members, who wish to go, be authorized to travel to Juneau to speak before APA on December 15th to support the Borough's position. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. 0. Res. No. 81-99-R Authorizing The Receipt And Expenditure Of Municipal Grants Appropriated By The 1981 Legislature. Mr. Murray moved to adopt Resolution No. 81-99-R. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. P. Memo re: Request of Koniag Mr. Peotter moved to support Mr. Eaton's request in his efforts in developing Chiniak as a location for a treatment of alcoholism and drug abuse. Seconded by Mr. Wakefield. Motion carried by unanimous voice vote. Q. KIBSD Report of Revenues & Expenditures - Oct. 1981 Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Arndt. Motion carried by unanimous voice vote. R. KIB Financial Statement Revenue & Expenditure Report - Oct. 1981 Mr. Wakefield moved to acknowledge receipt. Seconded by Mr. Peotter. Motion carried by unanimous voice vote. XI MAYORS COMMENTS 1. I am curious about the letter from the Coast Guard re: cattle on the base. 2. I would like to know the Assembly's feeling about filling the vacant seat. XII ASSEMBLY COMMENTS Mr. Anderson: I think we should fill the vacant seat as soon as possible and get a full assembly. Another thing I would like to see a lot set aside on the Russian River side for a park. Also, I think one of our high priorities we should consider in our CIP plan is to develop the land behind the Airport so we can get that industrial property off there. Mr. Wakefield: I want to thank you for the support on the Port Lions Hydro. Also, I would like to commend the Planning Dept. and the consultants for what they have done so far on the Port Lions Comp. Plan. Mr. Anderson: I have one more thing, I would like the Borough to draw up legislation to have retail inventories left up to the municipality so they have an option to delete it like we did on the boats from the tax form. Mr. White: I wonder if it would be good to have the Staff write a letter to the City, on behalf of the Assembly, to suggest they use the half a million windfall for tax reductions rather than capital projects. I would like to see them use that money for elimination of sales tax on utilities. Mr. Arndt: No comments. Mr. Murray: I had an inquiry re: how long the swimming pool will be down. Mr. Peotter: I think it might be appropriate for you, Mr. Mayor, to advertise and to resurrect the Parks Committee and maybe get some direction before us to pick out suitable sites while we still have land to set aside for parks. XIII AUDIENCE COMMENTS None XIV ADJOURNMENT Mr. Peotter moved to adjourn. The meeting adjourned at 12:20 PM. 1 L17 ATTEST: y Cl