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1988-11-03 Regular MeetingA regular meeting November 3, 1988, Borough Building, order at 7:34 p.m. office) The invocation was given by Chaplain Mulkerin of the United States Coast Guard followed by the Pledge of Allegiance. There were present: Lorne White, Presiding Ann Barker Jack McFarland Wayne Stevens Tom Merriman Absent: Alan Austerman (Excused) comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Gaye Vaughan, Borough Clerk APPROVAL OF AGENDA BARKER, seconded by STEVENS WITHOUT OBJECTION, SO ORDERED CONSENT AGEe]A MCFARLAND, seconded by STEVENS VOTE ON MOTION MOTION CARRIED' APPROVAL OF MINUTES This item was previously approved under the A. K.I.B. Assembly Regular Meeting of October 20, 1988. C/TIZENS. COMMENTS A. Installation Of Newly Elected Official. Borough Clerk Vaughan administered the Oath of Office to John Parker who took his seat with the assembly. Mayor Selby presented the Employee of the Month award to Dan Millard, Construction Inspector, Engineering Department. CONEUIT t REPORT$ None PUBLIC HEARING November 3, 1988 KODIAK ISLAND BOROUGH Regular Assembly Meeting November 3, 1988 of the Kodiak Island Borough Assembly was held in the Assembly Chambers of the Kodiak Island 710 Mill Bay Road. The meeting was called to (A verbatim record is on file in the Clerk's KIBS103756 moved to approve agenda as submitted. moved to approve consent agenda. Unanimous Voice Vote "Consent Agenda." A. Emergency Ordinance No. 88 -32 -0 Suspending The Issuance Of Building Permits Within Business Districts Not Served By Public Sewer And Water Systems. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF CONSENT AGENDA APPROVAL OF MINUTES CITIZENS' COMMENTS INSTALLATION OF NEWLY ELECTED OFFICIAL EMPLOYEE OF THE MONTH AWARD COMMITTEE REPORTS PUBLIC HEARING EMERGENCY ORDINANCE NO. 88 -32 -0 Page 160 Kodiak Island Borough Regular Assembly Meeting BARKER, seconded by MCFARLAND Ordinance No. 88 -32 -0. The presiding officer called for public testimony. Barbara Monkiewicz, property owner in Bells Flats, spoke in favor of the emergency ordinance. She thought the only reason DEC had installed a monitoring tube was because the residents of the area had voiced objection to the construction of the eight -plex apart- ment building. She said she was afraid the water supply from the shallow wells in the area would be contaminated by the overflow into the groundwater as the two -acre lots were not large enough to absorb the wastewater generated by the large number of families living in the apartments. Karen Yashin, a resident of Bells Flats, asserted more was at stake than just the clear water issue. She said she understood the area was originally zoned "Business" to protect it from high density residential usage due to the soil composition. Since DEC changed the way they interpret their regulations, she said this was no longer valid. She thought DEC was trying to experiment in Bell's Flats by applying groundwater flow standards which had been developed in other areas of the state and was not taking into account Kodiak's rainfall pattern. She urged the assembly to pass this emergency ordinance. John Finley concurred with earlier statements and supported the adoption of this emergency ordinance. Steve Penn recommended the assembly adopt this emergency ordinance because he thought pollution problems could occur in the area. Dave Heuman was concerned about the water quality of the shallow wells on neighboring property and spoke in favor of the ordinance. Lorna Arndt opposed adoption of the ordinance. She thought individuals who purchased business -zoned property from the borough as investment property might have grounds for legal action if the zoning was changed. moved to adopt Emergency PUBLIC HEARING Jean Barber disagreed with Mrs. Arndt's statement. She pointed out that two of the citizens who testified in favor of the ordinance were business -zoned property owners. She said she was not against businesses locating in Bell's Flats. She stated her concern was over what would happen to the water supply. She favored adoption of the ordinance. Wayne Berry spoke in favor of adopting the ordinance. He declared the water level was above ground in some places and gave examples to prove his contention. Karen Yashin agreed with the statement that business -zoned property owners had a right to be upset, however, she thought these business -zoned property owners should take into considera- tion that all property owners were under the thumb of DEC and their regulations. Dan Millard explained the DEC criteria for determining ground- water depth and effectiveness of septic systems. As far as DEC's investigations and their decisions, he felt DEC had not jeopar- dized the public welfare. He thought the question was more over the density of the utilization of the land in a rural community than it was over water quality. Jean Barber explained when too much fresh water was utilized from a well there was the possibility of the fresh water being displaced by salt water at the bottom of the water table. KIBS103757 November 3, 1988 EMERGENCY ORDINANCE NO. 88 -32 -0 (continued) Page 161 Kodiak Island Borough Regular Assembly Meeting The presiding officer closed the public testimony and reconvened PUBLIC HEARING the assembly. Assemblyman McFarland said his understanding was the septic system for this lot was designed to be "site specific." He felt the assembly should hold a moratorium for sixty days so there could be was more review on the subject. Assemblyman Stevens noted in light of Dan Millard's comments which changed the implications of the whole process, the emergency ordinance should be adopted and serious discussions held on the subject. Considering the concerns of the neighborhood, Assemblyman Parker thought the adoption of this emergency ordinance would be an interim during which the assembly could hold further discussions. Mayor Selby explained that the ordinance was now applicable throughout the entire borough with the elimination of the refer- ence to Russian Creek. The ordinance was stronger and less likely to be overturned in case of a court challenge, he added. Assemblyman Merriman supported the ordinance and stated his concern was to monitor the test wells so the assembly would know the system was working. VOTE ON MOTION TO ADOPT Ayes: Barker, McFarland, Merriman, Parker, Stevens, White Noes: None MOTION CARRIED Unanimous The presiding officer called for a ten minute recess. The presiding officer reconvened the assembly. The presiding officer recessed the assembly and convened the Board of Adjustment. EMERGENCY ORDINANCE NO. 88 -32 -0 (continued) BARD OF ADJUSTMENT BOARD OF ADJUSTMENT An appeal of a Planning and Zoning Commission decision to deny a request for an exception from Section 17.17.020 (Permitted Uses) of the Borough Code to permit the use of a lot zoned RR1 -Rural JIM AND TERRI VENAB: Residential One for fishing activities (gear storage) when no APPEAL owner occupied dwelling is present an the property. Lot 1, Block 3, Bells Flats Alaska Subdivision; 1296 Sargent Creek Road. (Jim and Terri Venable) Linda Freed of the Community Development Department explained the decision being appealed was a request for an exception from the borough code to permit the use of a lot zoned RRI -Rural Residential for fishing activities when no owner occupied dwelling was present on the property. She listed the criteria used by the P &Z Commission when granting requests for exceptions and said the two facts considered by the Commission were the owner's residence was located across the street from the subject property and a mobile home located on the subject property. she gave the findings of fact as: 1) the proposed use had the potential to endanger the public's health, safety, or general welfare and listed the reasons; 2) the proposed use was inconsistent with the Title 17 because outdoor storage was not Listed as a permitted use and therefore prohibited; and 3) the proposed use could potentially have adverse impacts on other properties in the area by setting a precedent for other gear storage requests on property zoned for residential purposes. November 3, 1988 KIBS103758 Page 162 KIBS103759 Kodiak Island Borough Regular Assembly Meeting Steve Rennell, representative of the Planning and Zoning Commission, acknowledged the presentation of facts and noted that the PSZ Commission had deliberated quite some time before arriving at their decision. Jim Venable began his presentation by noting his property was located at the end of a RR1 zoning district and stated his property was surrounded by borough -owned land with the exception of two lots. He said that he had talked to most of his neighbors about this request for outdoor storage and asked the assembly to read the public hearing notices that were returned in favor of his request. He countered the arguments of those individuals who wrote in opposition to his request for an exception. Mr. Venable said the borough did not provide land for crab pot storage, so he bought land to store his own personal fishing gear. He specified his intent was not to start a crab pot storage facility. He stated that he was a year- around Kodiak resident and supported six families with his fishing activities. He said if the assembly chose to impose restrictions pursuant to granting this request that he could live with them. Wayne Berry spoke in opposition to the granting of this request for an exception. He said if he had wanted to live in a business district that he would have purchased property in a business district. He felt the road was not designed wide enough to accommodate trucks hauling crab pots, so there could be a potential traffic problem. Also, he thought granting this request would set a precedent. Lowie Lowenberg spoke in favor of the request. He said Kodiak was a fishing community and noted that fishing operations were a permitted use on agricultural -zoned land. He inquired where the assembly thought fishermen should store fishing gear. He said there wasn't enough business -zoned land in town for crab pot storage and business -zoned land was very expensive. He explained that it took land to support a fishing operation. He pointed out the lack of land zoned for agricultural purposes. The land was either zoned business or residential and there was a need for agricultural -zoned land, he declared. Lorna Arndt reminded the assembly of two instances where they allowed gear storage on residential property thereby setting a precedent. She thought Mr. Venable should be granted his request for an exception. Jim Venable added another reason for his desire to have his fishing gear stored on this lot was to protect the large investment he had in the gear. MERRIMAN, seconded by MCFARLAND moved to overturn Planning and Zoning Commission's decision. Linda Freed responded to questions from the assembly. Assemblyman Stevens noted that some of the individuals who responded negatively to the P&Z Commission public hearing notices now voiced non- objection to this request after discussions with Mr. Venable. Assemblyman Merriman stated the assembly reviewed each request based on its own merit, so precedence would have nothing to do with the.outcome. He felt the proximity of Mr. ':enabLe's home to the lot where the gear would be stored would preclude him from doing anything that would negatively impact the health conditions of his family. Also, he thought the location of Mr. Venable's property at the end of the road was ideal because there would not be a lot of traffic. November 3, 1988 Page 163 BOARD OF ADJUSTMENT JIM AND TERRI VENAB APPEAL (continued) KIBS103760 Kodiak Island Borough Regular Assembly Meeting Assemblymember Barker said she would like to see the exception granted to Mr. Venable for as long as he owned the lot but with a proviso that if he sold his residence across the road, the exception for storage would not be allowed. Assemblyman McFarland MCFARLAND, seconded by BARKER VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED VOTE ON MOTION TO ADOPT AS AMENDED Ayes: concurred with the foregoing statements. moved to amend motion to add two conditions: the owner must continue to own and reside on either Lot 1, Block 3 or Lot 4A, Block 2 and gear storage limited to personal fishing gear only. McFarland, Merriman, Parker, Stevens, Barker, White None Unanimous Merriman, Parker, Stevens, Barker, McFarland Noes: White MOTION CARRIED 5 Ayes, 1 No The presiding officer called for a five minute recess. The presiding officer reconvened the assembly. The findings of fact in support of the assembly's decision were: A. The assembly finds that this proposed use will not endanger the public's health, safety or general welfare in that the proposed use is simply the continuation of the existing storage which is being conducted by the owner on Lot 4A. No additional traffic is expected by allowing the storage to be moved from the current lot (Lot 4A) to the Lot across the road 1). B. The assembly finds that the proposed use will not be inconsistent with the general purposes and intent of the Title 17. This finding is based on the fact that: 1. the RR1- -Rural Residential One Zoning District currently allows fishing gear storage to occur in the zoning district if the owner lives on the property; 2. fishing gear storage is identified as an agricultural use in the zoning code, and agricultural uses are generally allowed in the RR1 -Rural Residential One Zoning District; and 3. the unique characteristic of the two lots involved. The two lots sit at the end of the existing road. If the road was vacated, there would be only one other residential lot impacted. Specifically relative to the location of the two lots, there are no residential lots on two sides of the lot proposed for fishing gear storage (Lot 1), with the third side being the personal residence of the owner who is proposing to do the storage, there is minimal impact only to the residential property on the fourth side of Lot 4A. C. The Assembly finds that the proposed use will not adversely impact other properties or uses in the neighborhood for the reasons previously identified. November 3, 1988 BOARD OF ADJUST.MEN" JIM AND TERRI VENA1 APPEAL (continued) FINDINGS OF FACT Page 164 Kodiak Island Borough Regular Assembly Meeting MERRIMAN, moved to adopt findings of seconded by McFarland fact. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote The presiding officer recessed the Board of Adjustment and reconvened the assembly. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported the borough was fortunate in having the weather cooperate so the paving could be completed on Middle Bay Drive in the Womens Bay area and on Selief /Von Scheele roads as well as the bike trail from East Elementary to the housing area. He said the contractor was making good progress on the heliport with the possibility of a completion date this fall. The play ground at East Elementary was also nearing completion. He mentioned the Mayor's Conference scheduled for the mayors of the Kodiak Island Borough on Thursday, November 10. Mayor Selby offered his condolences to the two Kodiak families who tragically lost their sons in an automobile accident in Oregon. OLD BOSIR68s None MEM BUSINESS Reorganization of the Kodiak Island Borough Assembly MERRIMAN, moved to retain Lonnie White seconded by BARKER as presiding officer. VOTE ON MOTION MOTION CARRIED Unanimous voice vote PARKER, seconded by STEVENS VOTE ON MOTION MOTION CARRIED A. BID AWARDS 1. Airport Feasibility Study Award STEVENS, seconded by MCFARLAND November 3, 1988 KIBS103761 moved to nominate Ann Barker as deputy presiding officer. Unanimous Voice Vote moved to award contract for airport feasibility study to Coffman and Associates in amount NTE $28,500. Mayor Selby explained this study was to look at the management of the airport proper, a subject which had been under discussion for several months. He said the study would examine a range of possible options for the Kodiak Island Borough to get involved with the management of the state airport. Assemblyman Stevens noted that this feasibility study only addressed that portion of the airport where there was commercial activity and did not include any of the operational portion of the runway facility such as taxiways, etc. BOARD OF ADJUSTMENT JIM AND TERRI VENAB. APPEAL (continued) MESSAGES FROM MAYOR OLD BUSINESS NEW BUSINESS REORGANIZATION OF ASSEMBLY BID AWARDS AIRPORT FEASIBILITY STUDY AWARD Page 165 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION Ayes: Noes: MOTION CARRIED B. RESOLUTIONS BARKER, seconded by MCFARLAND STEVENS, Parker, Stevens, Barker, McFarland, Merriman, White None Unanimous 1 . Resolution No. 88 -73 -R Establishing Amount Due To /From The City Of Kodiak For Taxes On Personal Property Within The City Limits. moved to adopt Resolution No. 88 -73 -R. VOTE ON MOTION MOTION CARRIED Unanimous Voice vote C. ORDINANCES FOR INTRODUCTION 1 . Ordinance No. 88 -33-0 Restricting Permitted Land Uses In Area Not Served By Public Sewer And Water. seconded b moved to adopt Ordinance y MERRIMAN No. 88 -33 -0 in first reading. Assemblyman Stevens requested the borough staff to provide the assembly with more information about septic systems, etc. at a work session. Mayor Selby said he had discussed this ordinance with the borough attorney and the language of the ordinance was being reworked. Mayor Selby answered questions from the assembly. VOTE ON MOTION Ayes: November 3, 1988 Stevens, Barker, McFarland, Merriman, Parker, White Noes: None MOTION CARRIED' Unanimous D. OTHER ITEMS None DUPCMMATIOMAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS 1. K.I.B. School District Regular Meeting of September 26, 1988, and Special Meetings of October 17, 1988 and October 21, 1988. 2 . Women Bay Community Council Comprehensive Planning Committee (CPC) Meeting of September 27, 1988. 3 . K.I.B. Planning And Zoning Commission Regular Meeting of October 19, 1988. 4. K.I.B. Personnel Advisory Board Regular Meeting of October 17, 1988. 5 . K.I.B. Hospital Advisory Board Regular Meeting of September 21, 1988. KIBS103762 Page 166 BID AWARDS AIRPORT FEASIBILIT STUDY AWARD (continued) RESOLUTIONS RESOLUTION N0. 88 -73 -R ORDINANCES FOR INTRODUCTION ORDINANCE NO. 88 -33-0 OTHER ITEMS INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS KIBS103 Kodiak Island Borough Regular Assembly Meeting B. REPORTS 1. Status Reports - Facilities C. OTHER None CITIZENS' CO SEENTs Steve Rennell recommended that the assembly meet with the new Planning and Zoning Commissioners to express their opinions about crab pot storage. He stated the assembly had turned 180 degrees from the views expressed to the P &Z Commission six months ago. He said the assembly had instructed P &Z to hold crab pot storage out of residential areas, so that the private sector could take care of the crab pots storage and to protect the residential areas. Commenting on the Ordinance 88 -33 -0, he said the commission had met with the Womens Bay Community, and he saw no clear consensus among the residents on restricting land uses. He said there was no evidence that something was wrong in terms of pollution occurring. He felt DEC personnel were knowledgeable and had training in the area of pollution. A discussion was held between Mr. Rennell and the assembly. John Finley thought the Womens Bay Community had a fairly good consensus of opinion about restricting land use. Allowing for all the education and training held by the borough engineer, he thought common sense should be used. He suggested the assembly drive to Bells Flats to look at the apartments in question. He noted the size of the complex and said he would bring a plat to the next work session to show the assembly the impact on the adjourning lots. ASSIMOLDONS•S ASSEMBLYMEN'S COMME Assemblyman Merriman congratulated Assemblyman Parker on his recent election to the assembly and Dan Millard for being selected as Employee of the Month. He urged all Kodiak citizens to exercise their right to vote on November 8th. He reiterated the assembly's stand on Proposition No. 3 to vote "No" to changing the Community College system. He echoed Mayor Selby's condolences to the families of Clifford Moody and David King. Assemblyman Parker congratulated Assemblymember Barker on being elected Deputy Presiding Officer of the assembly. Assemblyman Stevens welcomed Assemblyman Parker to the assembly and wished him well. He stressed that the citizens of Kodiak should exercise their right to vote in the upcoming election and noted that voting was not possible in some countries. He added the Chamber of Commerce had made arrangements with local taxi companies to provide free transportation to the polls on election day. Assemblyman McFarland also welcomed Assemblyman Parker to the assembly. He urged the citizens of Kodiak to vote. INFORMATIONAL MATERIALS REPORTS OTHER Assemblymember Barker welcomed Assemblyman Parker. She extended her condolences to the Moody and King families over their loss and added the families were in her thoughts and prayers. Presiding Officer White explained that he voted against allowing the gear storage because the assembly had earlier given P &Z instructions to "hold the line" against such storage. He felt the assembly should abide by the guideline it had set for the P &Z Commission. He felt there was a safety issue involved when crab pots were stored. He announced the next work session would be held on November 10, at 7:30 p.m.; and the next regular assembly meeting would be on November 22. He reminded the audience that the assembly would not be meeting on November 18 because of the Alaska Municipal League Conference in Fairbanks. November 3, 1988 Page 167 CITIZENS' COMMENTS Kodiak Island Borough Regular Assembly Meeting ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 10:18 p.m. ATTEST: November 3, 1988 KIBS103764 ADJOURNMENT Page 168