Loading...
1989-03-02 Regular MeetingKIBS103814 KODIAK ISLAM) BOROUGH Regular Assembly Meeting March 2, 1989 A regular meeting of the Kodiak Island Borough Assembly was held March 2, 1989, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:35 p.m. (A verbatim record is on file in the Clerk's office) The invocation was given by the Reverend Fred Ellis of the Seventh Day Adventist Church followed by the Pledge of Allegiance. There were present: APPROVAL OP AGENDA PARKER, March 2, 1989 Lorne White, Presiding Ann Barker Tom Merriman (8:10 p.m.) Wayne Stevens Alan Austerman Jack McFarland John Parker comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Gave Vaughan, Borough Clerk moved to approve agenda as seconded by STEVENS submitted. PARKER, seconded by MCFARLAND moved to amend by deleting Ordinance No. 89 -09 -0 from New Business. VOTE ON MOTION TO AMEND WITHOUT OBJECTION, 50 ORDERED VOTE ON MOTION MOTION CARRIED Unanimous voice vote Mayor Selby presented the Employee of the Month award to Catherine Morrison of the Data Processing Department. Louie Lowenberg, said that he hated to see Ordinance No. 89 -09 -0 removed from the agenda because he wanted to see the assembly vote it down. He said raising taxes on fishing boats was not the answer and thought fishing should be promoted. He said he had three boats moored in Kodiak and if another tax was imposed, he would be forced to move them out of the community. Francine Bennis expressed her interest in developing a workable recycling program in Kodiak and offered her time and energy to get the program started. Page 30 REGULAR MEETING ALL APPROVAL OF ACE DA CONSENT AGENDA APPROVAL OF CONSENT None AGENDA APPROVAL OF MINpfmS APPROVAL OF MINUTES None CITIZENS' COMMENTS CITIZENS' COMMENTS Kodiak Island Borough Regular Assembly Meeting CQpITTBB REPORTS Assemblyman Austerman reported on the progress of the School Budget Committee and noted the proposed budget had a 5425,000 shortfall. He mentioned a possible reduction of 7.6 teachers next year to help balance the budget. Assemblyman McFarland reported that the Consolidation Committee had a final draft about ready so public hearings could be sched- uled soon. Also, he noted that after attending a Data Processing Committee meeting, he had heard praises from everyone about the new programmer and analyst in the Data Processing Department. Jody Hodgins, Planning and Zoning Commission representative, pointed out the memorandum which had been included in the assembly's packets regarding clarification of wording in the Natural Use Zoning District. These clarifications were the result of work session discussions on rural development zoning. A. Appointments to Gear Storage Task Force. PARKER, moved to appoint Alan seconded by BARKER Austerman, Chairman, Ken Gregg, Jack McFarland, Al Cratty, Bruce Barrett, and Tuck Bonney to the Gear Storage Task Force. AUSTERMAN, seconded by BARKER VOTE ON MOTION TO AMEND WITHOUT OBJECTION, 50 ORDERED VOTE ON MOTION AS AMENDED Ayes: Austerman, Barker, McFarland, Parker, Stevens, White Noes: MOTION CARRIED PUBLIC BEARING AUSTERMAN, seconded by MCFARLAND VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED March 2, 1989 move to amend to place a 90 day time limit on the task force. None Unanimous PUBLIC HEARING, Ordinance No. 89 -03 -0 Rezoning Got 1A, Block 1, Tract M, And ORDINANCE 3218 FROM Tracts A -4A S- 4A -1B, S- 4A -1C, And S -4A -2, U.S. Survey NO. 89-03-0 TO B -- Business. (Commonly known as O the Buggy Banya And Safeway Store; 2597, 2645, and 2675 Mill Bay Road) moved to adopt Ordinance No. 89 -03 -0. The presiding officer called for public testimony, there being none, the assembly was reconvened. Assemblyman McFarland noted that the findings of fact supported the rezone by stating the rezone generally conformed to the comprehensive plan in the area and was consistent with the trend for the development of the site. Barker, McFarland, Parker, Stevens, Austermanl, White None Unanimous KIBS103815 Page 31 COMMITTEE REPORTS APPOINTMENTS TO GEA STORAGE TASK FORCE Kodiak Island Borough Regular Assembly Meeting B. Ordinance No. 89 -04 -0 Creating Chapter 17.15 Natural Use Zoning District. PUBLIC HEARING seco tided by moved to adopt Ordinance y BARKER No. 89 -04 -0. Clerk's Note: Assemblyman Merriman arrived. The presiding officer called for public testimony. Forrest Blau, home owner in the Bells Flats area, gave some background on the history of the Natural Use Zoning district. He said the Womens Bay Comprehensive Planning Committee had been formed three years ago and with the assistance of the borough planning staff, the group had met and drafted this proposed new zoning district. He stated the people in the area wanted a watershed to protect the streams but did not want to be locked out. He said the existing zoning classifications did not fill the bill and explained where they were deficient. He noted the Natural Use Zoning District was not made just for the Womens Bay area but could be applied to the whole borough. Nancy Ease[, a member of the Womens Bay Community Council and Comprehensive Planning Committee, concurred with all of Mr. Blau's statements. Her main concern was the protection of trails and protecting the water supply to her home which comes from this upland area. Robin Henrichs thought the group who drafted this new zoning district had done a good job in thinking through the task. He believed the Natural Use Zoning District had a broad application which could be applied to a lot of real estate on Kodiak Island. He cautioned the assembly in reviewing zoning to this classifica- tion to be careful when dealing with private property because there would be very few development potentials left open to the land owner. The presiding officer closed the public testimony and reconvened the assembly. Assemblyman Austerman noted a memorandum from the Community Development Department suggesting a proposed language change. AUBTEAMAN, moved to amend the ordinance seconded by MERRIMAN to insert the following sentence in 17.15.090 for clarification: "Although a particular conditional use may constitute a minor change, the cumulative effect of numerous piecemeal changes can result in a major impairment of the environment. The particular site for which a conditional use application is made will be evaluated with the recognition that it may be part of a complete and interrelated environmental area." Assemblyman Stevens pointed out another suggested language change in paragraph two of the memorandum following the asterisk: "Feasible and prudent means consistent with sound engineering practices and not causing environmental, social, or economic problems that outweigh the public benefit to be derived from compliance with the condition which is modified by the term 'feasible and prudent'." With the concurrence of his second, Assemblyman Austerman asked that the statement be made part of his motion. March 2, 1989 KIBS103816 Page 32 ORDINANCE NO. 89 -04 -0 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO AMEND PUBLIC HEARING Ayes: Noes: None MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT AS AMENDED Ayes: McFarland, Merriman, Parker, Stevens, Austerman, Barker, White Noes: None MOTION CARRIED Unanimous C. Ordinance No. 89 -05 -0 Rezoning All Lands Lying Westerly Of ORDINANCE Bells Flats And Russian Creek Alaska Subdivisions And NO. 89 -05 -0 Easterly Of The Womens Bay Drainage Boundary And Southerly Of Sargent Creek And Northerly Of Russian Creek; An Area Containing Approximately Six Thousand (6,000) Acres From C-- Conservation To NU- Natural Use. AUSTERNAN, moved to adopt Ordinance seconded by MCFARLAND No. 89 -05 -0. The presiding officer called for public testimony. Merriman, Parker, Stevens, OF' - OE Austerman, Barker, NL. 4-0 McFarland, White (con. d John Merrick, Land and Resource Manager for Koniag, Inc, speaking on behalf of Koniag, Inc. opposed including native lands in the rezoning. He said even though the lands are presently remote, Koniag was against any down zoning that would limit development. Forrest Blau stated there had been long standing support for the protection of the watershed in the Womens Bay area. He said when the area to be included in the new zoning district was delineated, no consideration of ownership was given. He said even if native lands were excluded, he would be happy if the remaining lands were rezoned so the lakes could be protected. The presiding officer closed the public testimony and reconvened the assembly. PARKER, moved to amend to exclude seconded by BARKER Native Corporation lands. At Assemblyman Steven's request, Linda Freed clarified which lands were native owned Lands. A discussion followed between Linda Freed and the assemblymembers. She explained the native owned lands, if removed from this reclassification, would remain zoned conservation. VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED HIBS103817 Parker, Stevens, Aueterman, Barker, McFarland, Merriman, White None Unanimous March 2, 1989 : +3e 33 VOTE ON MOTION TO ADOPT AS AMENDED Ayes: PUBL -- HEARING Stevens, Austerman, Barker, McFarland, Merriman, NO. O 8 White Parker, 8': Noes: None MOTION CARRIED Unanimous The presiding officer called for a five minute recess. The presiding officer reconvened the assembly. Ordinance No. 89 -06 -0 Determining The Disposition of Tax Foreclosed Properties. ORDINANCE BARKER, N0. 89 -06-0 seconded by MERRIMAN - moved to adopt Ordinance No. 89 -06-0, BARKER, seconded by MERRIMAN moved to amend to include two properties to withdraw - Lot 25, Block 9, Aleutian Homes and Lot 13, Block 33, East Addition. Assemblymember Barker explained that she thou in the East Addition should be withheld from sale because lot other the vacant lot than in a densely built area and a better use of the it ther he a building site might be determined at a future date. Assemblyman Parker said he thought the other propert house in the Aleutian Homes area should be retained because there was a need by Y with a y Mental Health Center for residential facilities. He thought there might be the possibility of convertin g this house into a housing unit for their use. VOTE ON MOTION TO AMEND MOTION CARRIED Unanimous voice vote The presiding officer called for public testimony; there being none, the assembly was reconvened. VOTE ON MOTION AS AMENDED Ayes: Noes: MOTION CARRIED March 2, 1989 Kodiak Island Borough Regular Assembly Meeting KIBS103818 Austerman, Barker, McFarland, Merriman, Parker, Stevens, White None Unanimous Ordinance No. 89 -07-0 Amending The Personnel Rules And R egulations By Adding Section 613, Special Projects Appoint- ments. MCFARLAND, seconded by AUSTERMAN moved to adopt ordinance No. 89 -07 -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 there was need for hiring temporary employees for periods than sixths as presently designated in the Personnel Rules. this Re said char e w rreater term of a construction project, r eltw the hiring of employees for the example. ORDINANCE NO. 89 -07 -0 -ge 34 Kodiak Island Borough Regular Assembly Meeting VDTE ON MOTION TO ADOPT PUBLIC HEARING Ayes: Barker, McFarland, Merriman, ORDINANCE Parker, Stevens, Austemnan, NO. 89 -07 -0 White (continued' Noes: None MOTION CARRIED Unanimous The presiding officer recessed the assembly and convened the Board of Adjustment. • 1, • w * a a a * * * • ♦ • e • * • * t . . . . . . . s . . . . BOARD OP ADJUSTMENT BOARD OF ADJUSTM.EN' Craig Johnson /Todd Hiner appeal of a Planning & Zoning Commission decision to deny subdivision of Lot 2, Tract A, Woodland Acres Subdivision First Addition. (Applicant: Todd Hiner) Assemblymember Barker and Assemblyman Parker asked if they had a conflict of interest since they both live in the neighborhood of the subdivision site under appeal. Presiding Officer White ruled there was no conflict of interest by either assemblymember. Linda Freed, Community Development Director, explained the case on appeal was a request for a preliminary approval of a vacation and replat of Lots 1 and 2, Tract A, Woodland Acres Subdivision into four lots. She said the P&Z Commission had modified the request of the applicant by not permitting the creation of Lots 2A and 2B, but allowing the creation of Lots IA and 1B. She read the Findings of Fact as follows: There is inadequate drainage across existing Lot 2 to support the further subdivision of the lot into two buildable sites for residential. Development of two residential lots in the area of existing Lot 2 would increase surface water runoff which would adversely impact adjacent property. 3. Property owners in the area are, for the most part, opposed to the subdivision due to the potential drainage problems and inconsistency with the character of the neighborhood. Linda Freed responded to questions from the assemblymembers. Robin Henrichs gave some background for the Planning and Zoning Commission's Findings of Fact and responded to questions from the assemblymembers. He said the central issue involved was the cumulative impact of more development on a drainage system which would effect neighbors downstream. Craig Johnson, representing the applicant, pointed out that the subdivision met or exceeded all borough requirements. He said the subdivision had the recommendation of both the borough engineer and the PaZ staff and was backed up by their reports. He noted the decision to deny the request was based on neighbor- hood opposition and said the main opposition was focused on proposed -lot sizes. He asked what was an appropriate reason to deny a subdivision request. He pointed out that there were several previous subdivisions on Woodland Drive that had been approved which had drainage and topograph difficulties exceeding this proposed subdivision. He thought the borough staff had drainage expertise and they had no objection to the subdivision. March 2, 1989 Page 35 KIBS103819 CRAIG JOHNSON /TODD HINER APPEAL KIBS103820 Kodiak Island Borough Regular Assembly Meeting He said the density requested by the applicant was 20,000 plus square foot lots for single family homes and pointed out that neighboring Woodland Arces allowed the potential of eight times this density. He noted other drainage problems in Woodland Acres and argued that the opposition to the subdivision was not the sum total of opinion represented from the area. Mr. Johnson responded to questions from assemblymembers regarding drainage of the lots. Berry Still, resident of the area, commented on the drainage patterns in the area and said in this case the amount of water might not be increased, but the rate of runoff could be increased which would effect the downstream property owners. He said there was such concern in the neighborhood that they were in the process of trying to get the area rezoned. Bruce Barrett, spoke in opposition to the subdivision. He said he would like to maintain the integrity of the coastal pond at the base of Seabreeze Drive which acted as a sponge and filtering area for surface drainage. He said the coastal pond had some esthetic values and some wildfowl habitat values. He desired to see this unique feature to the community and neighborhood remain. Merle le Brown, property owner in the Woodland Acres, spoke in opposition to the subdivision. He spoke about the drainage problems on his property which comes from water draining from neighboring lots, and his methods of handling this water. He felt existing property owners should not suffer property damage to the benefit of developers. Craig Johnson countered several statements made during testimony in rebuttal. He felt that changing the rules in mid stream was a concern and thought development should not be stopped arbitrarily. STEVENS, moved to uphold the seconded by AUSTERMAN decision of the Planning and Zoning Commission. A question and answer session followed between the assemblymembers and Linda Freed. Assemblymembers explained the reasons for making their decisions. VOTE ON MOTION Ayes: Noes: MOTION CARRIED AUSTERMAN, seconded by STEVENS Fact as follows: drainage across existing Lot 2 to subdivision of the lot into two residential. Ayes: Noes: There is inadequate support the further buildable sites for MOTION CARRIED March 2, 1989 McFarland, Merriman, Parker, Stevens, Austerman, Barker, White None Unanimous moved to adopt Findings of Development of two residential lots in the area of existing Lot 2 would increase surface water runoff which would adversely impact adjacent property. VOTE ON MOTION Merriman, Parker, Stevens, Austerman, Barker, McFarland, White None Unanimous Page 36 BOARD OF ADJUSTMENT CRAIG JOHNSON /TODD HINER APPEAL (continued) Kodiak Island Borough Regular Assembly Meeting Presiding Officer White adjourned the Board of Adjustment and reconvened the assembly. He also called for a five minute recess. Presiding Officer White reconvened the assembly. MESSAGES FROM THE BOROUGH MAYOR MES3A__. . .4YOR Mayor Selby said House Bill 23 on overturning the borough's annexation was stalled in the Rules Committee on the House side and would probably not make it to the House floor by the deadline. He thought the borough was in good shape, but noted an appeal had been filed in court. He said that he anticipated the state of Alaska would issue a certificate that the annexation was complete on Monday. He reported that the borough had received an 818,000 refund from the insurance company on the school buildings for 1988. He expressed his thanks to Sweeney Insurance for looking after the borough's insurance concerns. He commented that the borough had been successful in being included in the state of Alaska's hazardous waste clean up. He said as he received more information about it, the information would be made public. The hazardous waste clean up would be held in conjunction with the spring clean up on May 13, 1989. OLD BUSINESS Presiding Officer White stated that he had an indirect conflict of interest on this item and passed the gavel to Deputy Presiding Officer Barker. Authorization to spend up to 87,000 for transportation of King Salmon to Kodiak. (Tabled from February 16 meeting) moved to remove from table request to authorize $7,000 for transportation of king salmon to Kodiak. MCFARLAND, seconded by STEVENS VOTE ON MOTION TO REMOVE FROM TABLE MOTION CARRIED Unanimous voice vote For clarification, Assemblyman Stevens asked to have the word "smolt" added after the word king salmon. Mayor Selby explained the opportunity had been presented to the borough to obtain 105,000 king salmon smolt which could be used to create a king salmon fishery on the road system to give a boost to tourism. Assemblyman White explained the details involved in obtaining and creating a king salmon run on the road system. He said all the fish were to be caught by sport fisherman and the fish would have to be restocked every year. He pointed out that the money would provide for the transportation of the smolt. VOTE ON MOTION Ayes: Austerman, McFarland, Merriman, Parker Stevens, Barker Noes: None Abstention: White MOTION CARRIED 6 Ayes, 0 Noes, 1 Abstention Presiding Officer Harker returned the gavel to Assemblyman White. March 2, 1989 KIBS103 OLD BUSINES5 AUTHORIZATION TO SPEND $7,000 FOR TRANSPORTATION OF KING SALMON SMOLT Ayes: KIBS103822 Kodiak Island Borough Regular Assembly Meeting NEW SOSDBOS A . BID AWARDS None BID AWARDS RESOLUTIONS 1. Resolution No. 89 -15 -R Authorizing Refunding of the SOLUTIONS 1980 -8 General Obligation School Bond Issue. R ESOLUTION NO. 89_15 -A AUSTERMAN, seconded by STEVENS moved to adopt Resolution 89_15 -R. solution At the request of the presiding officer, history on the explained the bonds and Mayor Selby gave a brief Y $160,000 by refinancing borough would save imatel g these bonds at a erestx' a lower interest VOTE ON MOTION Noes: None MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION Hospital Advisory Board Regular Meeting of Y 18, 1989. Barker, McFarland, Merriman, Parker, Stevens, Austerman, White None ORDINANCES FOR D. OTHER ITEMS INTRODUCTION None OTHER ITEMS I TCMAL MATIN (No action required) A. MINUTES OF OTHER MEETINGS IN FORMATIONAL MATERIALS Monashka Bay Road Service District Regular Meeting of February 3, 1989. MINUTES OF OTHER MEETINGS Planning 6 Zoning Commission Regular Meeting of January 18, 1989. 4. KI8 School Board Special Meeting of February 2, 1989. REPORTS None C. OTHER None CllnnoB, mars None ASARRIRLYMW ECCIMIRMT8 Assemblyman Auaterman thought the assembly needed to type of drainage policy or statement to send to the Plannin Zoning Commission for future set some commission Would know direction and take. Ref' 9 and presenting which pSea An eo Assemblyman Referring ec the 9 mstaffat for an appeal, Atsinfyman o fir would rough staff to k thereby oldest the mater roto requested read like a book first Marcrstand, Y makking the materia al easier to March 2, 1989 CITIZENS' COMMENTS ASS EMBLYMEN'S COMMENTS Page 38 NEW :55 Ayes: Noes: None MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION None OTHER ITEMS None INPORMATIQYIL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS KIBS103822 Kodiak Island Borough Regular Assembly Meeting NEW BOSIA88S NEW SS5 BID AWARDS None BID AWARLS B. RESOLUTIONS AUSTERMAN, seconded by STEVENS Resolution No. 89 -15 -R Authorizing Refunding of the 1980 -8 General Obligation School Bond Issue. moved to adopt Resolution No. 89 -15 -R. At the request of the presiding officer, Mayor Selby gave a brief history on the bonds and explained the borough would save approx- imately $160,000 by refinancing these bonds at a lower interest rate. VOTE ON MOTION Barker, McFarland, Merriman, Parker, Stevens, Austerman, White Monashka Bay Road Service District Regular Meeting of February 3, 1989. MINUTES OF OTHER MEETINGS Hospital Advisory Board Regular Meeting of January 18, 1989. Planning b Zoning Commission Regular Meeting of January 18, 1989. NIB School Board Special Meeting of February 2, 1989. REPORTS None OTHER None armor nouns None AEaeLEI ®PS CEMBENTg Assemblyman Austerman thought the assembly needed to set some type of drainage policy or statement to send to the Planning and Zoning Commission for future development and subdivisions so the commission would know which direction to take. Referring to presenting material for an appeal, Assemblyman Austerman requested the borough staff to place the oldest information first so it would read like a book thereby making the material easier to understand. March 2, 1989 INFORMATIONAL MATERIALS CITIZENS' COMMENTS ASSEMBLYMEN'S COMMENTS Page 38 RESOLUTIONS RESOLUTION NO. B9 -15 -R ORDINANCES FOR INTRODUCTION OTHER ITEMS Kodiak Island Borough Regular Assembly Meeting Assemblyman Austerman expressed concern over the limited parking ASSl:'=LYMEN's area available for sport fisherman at Mill Bay when the king CCM^. ' '" salmon fishery got underway. He thought the park area might have (con. 'J to be increased. He questioned the Mayor about the damage done to the Larsen Bay and Port Lion schools during the recent freeze and asked if there was insurance coverage. He thought the assembly should have representation at any meeting where "pull tab" laws were discussed with state representatives. Assemblyman Parker said the reason for removing Ordinance 89 -09 -0, which would increase personal property tax on boats and vessels, was because the assembly did not have a chance to get the research material together. He said the ordinance would be bought up at a later date and he was looking forward to input from the public on the issue. Assemblyman Stevens thought the borough Resource Manager would be a valuable resource person on drainage in view of his past work with the Selief Lane drainage problem. He questioned if a problem lay with the "pull tabs" or the third party operators. He said the assembly had recently net in a lengthy work session to develop some goals and objectives to determine what direction the community and borough should go. He said it was refreshing to participate in a forward planning session as opposed to a reactionary type one. He thanked the Womens Bay Community Council and their planning group for their efforts during the past two years on the Natural Use Zoning district. He also said KMKT was holding their annual membership marathon and urged the listening audience to support Kodiak's local public radio station. Assemblyman White explained the history behind the city of Kodiak paying the personal property tax on fishing boats. He thought the fishing boats in Kodiak now where worth a lot more than a half million dollars. He pointed out that the raw fish tax had a lot to do with the trade off with the city, and he cautioned that if the borough changed the scenario on the vessel tax that it changed the relationship with the city. He said he was very pleased that the Natural Use Zoning District had been passed. He said there was a growing concern over water problems in Kodiak as the community was developed. He announced there would be a joint assembly /school board work session on Thursday, March 9, 1989 at 7:30 p.m. and the next regular assembly meeting will be held on Thursday, March 16, 1989 at 7:30 p.m. ADJOOR MIT There being no further business to come before the assembly, the meeting adjourned at 10:40 p.m. ATTEST: B rough C March 2, 1989 L. Pres ding Officer HIBS103823 ADJOURNMENT e 39