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1989-01-07 Regular MeetingKODIAR ISLAND MORMON Regular Assembly Meeting January 7, 1989 A regular meeting of the Kodiak Island Borough Assembly was held January 7, 1988, 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 Mark Houglum of St. Paul Lutheran Church, followed by the pledge of allegiance. There were present: GREGG, WITHOUT OBJECTION, SO ORDERED CONSENT AGENDA GREGG, KIBS103616 Lorne White, Presiding Ann Barker Tom Merriman VOTE ON MOTION Ayes: Alan Austerman Ken Gregg 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 APPROVAL OF AGENDA moved to approve agenda seconded by STEVENS as submitted. moved to approve consent seconded by MERRIMAN agenda. The items on the consent agenda were read aloud by the Borough Clerk. Austerman, Barker, Gregg, Merriman, Stevens, White Noes: None MOTION CARRIED Unanimous APPROVAL OF NIIUTES A. K.I.B. Assembly Regular Meeting of December 17, 1987. This item was previously approved under the "Consent Agenda." CITIZEN'S CJUiam Mayor Selby presented the Employee of the Month award to Susan Davidson of the rinance Department. Lorna Arndt requested a dumpster that she could reach. She said she has a physical problem which prevented her from lifting. She doesn't feel she should pay for a service that she can't use. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA CONSENT AGENDA APPROVAL OF MINUTES CITIZEN'S COMMENTS Kodiak Island Borough Regular Assembly Meeting COMMITTEE REPORTS COMMITTEE R_ CPT5 Assemblyman Gregg, member of Data Processing Steering Committee, reported that in the last few months some accomplishments have been made that could result in cost savings to the Kodiak island Borough and the school District. Robin Heinrichs, Planning and Zoning Commission, reported on the continued rewrite of Title 17. He also said the commission would be flying over Tugidak and Sitinak Islands this weekend to obtain some first hand knowledge of the area. PUBLIC HEARING PUBLIC HEARING A. Ordinance No. 87 -36 -0 Amending Section 18.10.010 Of The ORDINANCE Borough Code On Land Acquisition Policies. NO. 87 -36 -0 BARKER, moved to adopt Ordinance seconded by AUSTERMAN No. 87 -36 -0. The presiding officer called for public testimony, there being none, the assembly was reconvened. At the request of the presiding officer, Mayor Selby explained this ordinance defined other ways the Kodiak Island Borough could acquire land besides obtaining it from the State of Alaska. VOTE ON MOTION TO ADOPT Ayes: Barker, Gregg, Merriman, Stevens, Austerman, White Noes: None MOTION CARRIED Unanimous B. Ordinance No. 87 -37 -0 Rezoning A 17,374 Square Foot Portion Of Lot 10, Block 2, Lakeside Subdivision From PL-- Public Use Lands To I -- Industrial. AUSTERMAN, moved to adopt Ordinance seconded by BARKER No. 87 -37 -0. The presiding officer called for public testimony. Gerald Cloudy, property owner in the area, said he was under the impression that a green belt extended through the area and he didn't want to see it deteriorated (diminished) bit by bit. He did not want the area where he bought a lot for home building to be turned into an industrial area. The presiding officer reconvened the assembly. Assemblyman Gregg agreed with Mr. Cloudy and felt that the reason for the rezoning was to allow property owners to taxi or park their airplanes. He felt rezoning to Industrial might be over- kill when the same purpose could be accomplished by granting conditional use permits. He preferred to see the area remain a green belt. Assemblyman Austerman concurred with the above statements. He said the area was designated as a green belt to serve as a buffer zone from the airport and it would be wrong to change it back. Assemblymember Barker moved to table this ordinance until the next meeting because notices had not been mailed to property owners in the area. BARKER, moved to table to Public seconded by STEVENS Hearing on January 21, 1988. January 7, 1988 KIBS10361 ORDINANCE NO. 87 -37 -0 Page 2 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO TABLE Ayes: Stevens, Austerman, Barker, ORDINANCE White NO. 87 -37 -0 (continued) Noes: Gregg, Merriman MOTION CARRIED 4 Ayes, 2 Noes BOARD OF ADJUSTMENT BOARD OF ADJUSTMENT An appeal of a Planning and Zoning Commission decision to deny a request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit a twelve by twenty -four (12 X 24) foot garage addition onto the front of the existing single - family residence to encroach 12.1 feet into the required twenty -five foot front yard setback in the R -- Single - Family Residential Zoning District. Lot 18B, U.S. Survey 3099; 2490 Spruce Cape Road. (John J. Kerekes) The presiding officer recessed the assembly and convened the Board of Adjustment. Bob Pederson, Community Development Department, explained that Mr. Kerekes had submitted an application for a variance to the front yard setback requirement of the R -I zoning district to construct a 20 by 24 garbage addition onto the front of an existing single family home. He said the staff recommended denial of this variance request because it did not meet the six conditions under borough code necessary for a variance to be approved. During a public hearing on this request, Mr. Pederson said the applicant changed his request to a 12 by 24 foot garage. The P &Z Commission voted on the revised request and the motion failed, he stated. He proceeded to read the findings of fact in support of P &Z's decision. John Kerekes, appellant, pointed out two mistakes in the presen- tation of his case. He stated he wanted an attached garage to the front of his house. When he purchased the house, he said, the realtor had told him to go to the P &Z Commission and a variance would be approved to build a garage. He stated that he wanted an attached garage for the safety of his wife and the convenience bf entering the house from a garage. He explained the make up of the existing neighborhood and said he did not feel that building a garage which extended into the front yard set- back requirements would be setting a precedent. Okey Chandler, property owner, did not see how building a garage would create a problem in the neighborhood. He explained that the neighborhood was old and this garage would dress up this property. Assemblyman Gregg asked several questions of Bdb Pederson regarding the property next to Mr. Kerekes' house. AUSTERMAN, moved to uphold P &Z seconded by GREGG decision. Assemblyman Austerman said he was a member of the DOT /Borough/ City committee that discusses Kodiak Island roads. He used Mill Bay Road.as an example and he said in order to widen it, the biggest cost would be purchasing the property abutting it. He thought the same situation might apply to Spruce Cape Road and said the less encroachment into the road area, the less problems there would be at some future date. January 7, 1988 KIBS103618 Page 3 PUBLIC :HEARING JOHN J. KEREKES APPEAL Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION PUBLIC HEARING Ayes: Noes: MOTION CARRIED GREGG, seconded by AUSTERMAN WITHOUT OBJECTION, SO ORDERED The presiding officer recessed the Board of Adjustment and reconvened the assembly. The presiding officer called for a ten minute recess. The presiding officer reconvened the assembly. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby wished "Spratznikum" to those Russian Orthodox citizens who were celebrating Christmas today. Mayor Selby proclaimed the year 1988 as The Year Of The Veteran In Kodiak. =BUSINESS None NEW BUSINESS A. BID AWARDS None B. RESOLUTIONS AUSTERMAN, moved to adopt Resolution seconded by GREGG No. 88 -01 -R. AUSTERMAN seconded by GREGG VOTE ON MOTION TO AMEND MOTION CARRIED Unanimous Voice Vote Assemblyman Austerman nointed out that this fee structure effects the whole community and it bothered him that it was being acted upon by resolution. He said he would feel more comfortable if it went to public hearing so the public could have some input. STEVENS, seconded by MERRIMAN January 7, 1988 Stevens, Austerman, Barker, JOHN J. KEREKES Gregg, White APPEAL Merriman 5 Ayes, 1 No moved to uphold P&Z findings of fact with the correction in the third to the last sentence in the fifth finding stating "The applicant only purchased this lot in April of 1987" which was not correct. 1. Resolution No. 88 -01 -R Establishing Garbage Collection And Disposal Rates. moved to amend by changing the word "establish" to "increase." moved to table Resolution No. 88 -01 -0 to Public Hearing on January 21, 1988. KIBS103619 MESSAGE FROM MAYOR OLD BUSINESS NEW BUSINESS BID AWARDS RESOLUTIONS RESOLUTION NO. 88 -01 -R Page 4 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO TABLE NEW BUS:NESS Ayes: Stevens, Austerman, Barker, Gregg, Merriman, White Noes: None MOTION CARRIED Unanimous This item was previously approved under the "Consent Agenda." 3. Resolution No. 88 -03 -R Requesting Placement Of A RESOLUTION Full time ADF&G Habitat Biologist in Kodiak. NO. 88 -03 -R STEVENS, moved to adopt Resolution seconded by MERRIMAN No. 88 -03-0. Assemblyman Stevens explained the reasons for the need of a habitat biologist in the Kodiak area. GREGG, seconded by MERRIMAN WITHOUT OBJECTION, SO ORDERED AUSTERMAN, seconded by GREGG KIBS103620 2. Resolution No. 88 -02 -R Appointing An Authorized RESOLUTION Representative To Inspect, Secure, And Sign For NO. 88 -02 -R Surplus Federal Property For Use By Kodiak Island Borough. WHEREAS, the Alaska Maritime and Wildlife Refuge will be in the review and decision making process for the next two years and review by a Habitat biologist would be critical; and WITHOUT OBJECTION, SO ORDERED VOTE ON MOTION TO ADOPT MOTION CARRIED moved to amend NOW, THEREFORE, BE IT RESOLVED clause to add in the third line after Kodiak ",new or transfer," moved to amend to add a "WHEREAS" clause as follows: Unanimous Voice Vote 4. Resolution No. 88 -04 -R Accepting Insurance Settle- RESC_ ment Of $1,781,587 For Port Lions School Fire. NO. = - - .- BARKER moved to adopt Resolution seconded by GREGG No. 88 -04 -R. At the request of the presiding officer, Mayor Selby explained the settlement with the CIGNA Insurance Group and the designation for expenditure of the funds. VOTE ON MOTION TO ADOPT Ayes: Austerman, Barker, Gregg, Merriman, Stevens, White Noes: None MOTION CARRIED Unanimous January 7, 1988 RESOLUTION NO. 88 -01 -R (continued) Page e Kodiak Island Borough Regular Assembly Meetinc, C. ORDINANCES FOR INTRODUCTION NEW BUSINESS 1. Ordinance No. 88 -01 -0 Rezoning Near Island From ORDINANCES FOR The Existing B-- Business, I-- Industrial, And INTRODUCTION C-- Conservation Districts To B -- Business, I-- Industrial, C-- Conservation, And PL-- Public Use ORDINANCE Lands. NO. 88 -01 -0 This item was previously approved in first reading under the "Consent Agenda." 2 Ordinance No. 88 -02 -0 Appropriating Proceeds Of Insurance Claim For Construction Of Port Lions Gymnasium. This item was previously approved in first reading under the "Consent Agenda." 3. Ordinance No. 88 -03 -0 Determining The Disposition ORDINANCE Of Tax Foreclosure Properties. NO. 88 -03 -0 This item was previously approved in first reading under the "Consent Agenda." D. OTHER ITEMS None INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS 1. K.I.H. School Board Regular Meeting of December 14, 1987. 2. K.I.B. Hospital Board Special Meeting of November 10, 1987, November 23, 1987 and Regular Meeting of MINUTES OF OTHER November 18, 1987. MEETINGS B. REPORTS REPORTS 1. Staff Reports - Community Development, Facilities 2. Kodiak Island Borough School District Financial Report for November, 1987. CITIZENS' CdMINTS CITIZENS' COMME!C None ASSEMBLYMEN'S commas Assemblyman Merriman noted for the record that he would be out of town until January 22nd. Assemblyman Gregg complimented the mayor and the Finance Depart- ment and staff upon receiving an unqualified audit from the auditors. Assemblyman White thanked the staff for the handling of the wood cutting project in the community. He said that he had heard a lot of favorable comments on the way it was handled. He announced the assembly would be making a trip to Port Lions and Larsen Bay on Wednesday, January 13th (weather permitting) and there will be an assembly work session on January 14, 1988 at 7:30 p.m. Also, the assembly would be traveling to King Salmon for the Southwest Alaska Municipal Conference on January 15 -17, 1988. Hs added there would be an assembly /city council joint work session on January 19th at 7:30 p.m. KIBS103621 ORDINANCE January 7, 1988 Page 6 NO. 88 -02 -0 OTHER ITEMS INFORMATIONAL MATERIALS ASSEMBLYMEN'S COMMENTS Kodiak Island Borough Regular Assembly heetin ADJOURNMENT ADZ', '1 There being no further business to come before the assembly, the meeting adjourned at 8:40 p.m. ATTEST: Borough e rk LC y Pr siding Officer KIBS103622 January 7, 1988 Page