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1989-11-02 Regular MeetingKIBS103939 A regular meeting of the Kodiak Island Borough Assembly was held November 2, 1989, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:33 p.m. The invocation was given by the Rev. Douglas Edwards of the Frontier Baptist Church, followed by the Pledge of Allegiance. There were present: Lorne White, Presiding Jack McFarland Mary Monroe Gary Stevens KODIAK ISLA® BOR00GB Regular Assembly Meeting November 2, 1989 comprising a quorum of the assembly; and Alan Austerman Tom Merriman John Parker Linda Freed, Acting Borough Mayor 6 Community Development Director Gaye Vaughan, Borough Clerk APPROVAL OF AGOURA APPROVAL OF AGENDA PARKER, moved to approve seconded by McFARLAND agenda as submitted. MOTION CARRIED COMMIT AGRRM Unanimous Voice Vote The items on the consent agenda were read aloud by the Borough Clerk. PARKER, seconded by AUSTERMAN MOTION CARRIED Unanimous Voice Vote APPROVAL OV nuns A. Minutes of Regular Assembly Meeting of October 19, 1989. moved to approve consent agenda. Assemblyman Stevens noted a second was not indicated in the minutes on the motion to reconsider Ordinance No. 89 -32 -0 when in fact the motion was seconded by Assemblyman McFarland. AUSTERMAN, moved to approve minutes as seconded by McFARLAND corrected. The presiding officer presented plaques as a token of apprecia- tion for service to the Borough to former Assemblymembers Wayne Stevens and Ann Barker. John Shank, resident of Woodland Acres, urged the Assembly to vote yes for the reconsideration of Ordinance No. 89 -32 -0 (change zoning from RR1 to RR). Loren Halter, also a resident of Woodland Acres, spoke in support of Shank's comments. _myth Chandler spoke in favor of extending Anton Larsen Bay Road to the shoreline. REGULAR MEETING ROLL CALL November 2, 1989 Page 56 APPROVAL OF CONSENT AGENDA APPROVAL OF MINUTES CITISRRB' CCOROMIH CITIZEN'S COMMENTS ASSEMBLY PRESENTATIO' Acting Mayor Freed presented the Employee of the Month Award to EMPLOYEE OF THE MONT. Carol Snee, a member of the Data Processing Department Staff. Kodiak Island Borough Regular Assembly Meeting Gene Erwin, resident of Woodland Acres, voiced his support of Ordinance No. 89 -32 -0. Merle Brown, a resident of Woodland Acres, spoke in support of the reconsideration of Ordinance No. 89 -32 -0. He also noted drainage problems and a blind spot on Seabreeze Circle which he considers a hazard. He urged keeping the area low density for that reason. Karen Steele, urged the Assemblymembers to pass Ordinance No. 89 -32 -0 on first reading so it will go to a Public Hearing. COWSIITBB RBPOBTS There were no committee reports. A. Assembly Boards and Commissions Appointments PARKER, seconded by STEVENS MOTION APPROVED MOTION CARRIED PUBLIC BEARING November 2, 1989 KIBS103940 moved to appoint assembly members to boards as follows: John Parker, Architectural Review Hoard; Lonnie White, Hospital Advisory Board; Mary Monroe, Mental Health Advisory Board; Tom Merriman, Parks b Recreation S Kodiak Trans. System Boards; Alan Austerman, Kodiak College Advisory Board; Gary Stevens, School Budget Review Board; Sack McFarland, Data Processing Steering Committee. Unanimous Voice Vote B. Bayview Road Service Area Advisory Board Appointments STEVENS, moved to appoint Dawn Black seconded by McFARLAND and Randy Chase to three -year terms and Reed Oswalt and Ron Chase to two -year unexpired terms on the Bayview Road Service Area Advisory Board. Unanimous Voice Vote A. Ordinance No. 89 -29 -0 Prohibiting Gaming Activities Conducted By Licensed Operators. MERRIMAN, moved to adopt Ordinance No. seconded by AUSTERMAN 89 -29 -0. Presented to the assembly was Ordinance No. 89 -29-0 for second reading and final adoption. This ordinance is similar to one adopted by the Kodiak City Council last spring. This ordinance would prohibit third party operators from conducting gaming operations (pull tabs) in the borough. The state has recently adopted new regulations which would make this ordinance unneces- sary. The presiding officer called for public testimony; there being none, the assembly was reconvened. PARKER, moved to table Ordinance No. seconded by McFARLAND 89 -29-0 CITIZENS' COMMENTS COMMITTEE REPORTS APPOINTMENTS OF ASSEMBLY REPRESENTA- TIVES TO K.S.H. BOARDS BAY VIEW SERVICE DISTRICT COMMIS- SION APPOINTMENTS PUBLIC HEARING ORDINANCE NO. 89 -29-0 Page 57 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO TABLE AYES: Noes: MOTION CARRIED Unanimous Austerman, McFarland, Merriman, Monroe, Parker, Stevens, White. N B. Ordinance No. 89 -30 -0 Creating Woodland Acres Street ORDINANCE NO. 89 -30-C Lighting Service District. Presented for second reading and final adoption, was Ordinance No. 89 -30-0 which would create a service district for the con- struction and operation of street lights in the Woodland Acres 3rd, 4th, and 5th Additions. This ordinance was a result of a petition signed by 76 residents of the area. MERRIMAN, moved to adopt Ordinance No. seconded by AUSTERMAN 89 -30 -0. The presiding officer called for public testimony. Bob Hatcher spoke in favor of the lighting, stating the area was hazardous for children. He mentioned lighting at Rezanof and Puffin had been requested two years ago. Gaynell Hatcher concurred with the previous speaker and asked the Assembly to not wait for an accident; to create the district. The presiding officer closed the public testimony and reconvened the assembly. VOTE ON MOTION TO ADOPT Ayes: McFarland, Merriman, Monroe, Parker, Stevens, Austerman, White. Noes None MOTION CARRIED Unanimous An appeal of a Planning and Zoning Commission decision to place a condition on granting preliminary approval of the vacation of a portion of U.S.Survey 1822 and Lots 13, 14, and 15, U. S. Survey 3233, and replat to Tract A, U. S. Survey 1822 and 3233. Appli- cant: Don Zimmerman/Norman Sutliff) (Appellant: Norman Sutliff) Linda Freed, Community Development Director, stated this is an appeal of one of the conditions of approval by the Commission. The P s Z Commission approved the subdivision with two conditions placed upon the plat. One condition (not appealed) notes the plat is a revision to acreage. The second states the setback along the Woody Island Channel will be calculated from the mean high waterline or the rubble mound breakwater, whichever is closer. She responded to queries from the Assemblymembers, stating the justification for requiring the setback along the channel was because on properties along the waterfront they are seeing quite a bit of erosion. She noted this is a common plat note requested on waterfront properties, as they consider it a safety considera- tion to make sure structures on those properties are set back either from the mean high waterline or cliff. Norman Sutliff, appellant, owner of the land for 28 years, stated they built their home on the bluff 10 years ago. He noted the neighbors to the south, the Zimmermans wished to sell their November 2, 1989 KIBS103941 ORDINANCE NO. 89 -29-0 (continued) BOARD OP ADJUSTMENT BOARD OF ADJUSTMENT NORMAN SUTLIFF APPEAL Page 58 Kodiak Island Borough Regular Assembly Meeting property and they requested in August an approval of a portion of NORMAN SUTLIFF APPEAL lots of Survey 1822 and Lots 13, 14,and 15, U. S. Survey 3233, (continued) and replat it to Tract A., U. S.Survey 1822 and 3233, combining it all into one parcel. It was surveyed and met all the crite- ria. Staff indicated it was all in order. The next meeting was the Planning S Zoning Commission meeting where they approved the request with the two conditions on the plat. He objected to the restriction on the plat because this is a function of a building permit, according to a lawyer and a surveyor with whom he had consulted. He asked that the request be approved without this restriction which is under appeal. Responding to questions from Assemblymembers, Sutliff stated under this restriction he could not build a boathouse if he wished. There were no parties supporting the appeal, or in opposition to the appeal who wished to testify. Assemblyman Parker asked Linda Freed if the restriction would remain a permanent plat restriction. She responded it would unless at some future time someone asked that it be removed. Assemblyman Austerman inquired if both properties on either side of the Sutliff property had similar restrictions on their plats. Linda Freed responded they did not because they are pre - existing developments. Assemblyman Stevens asked Linda Freed to respond to the comment by Mr. Sutliff that setback should be a function of the Building Permit. She noted it is covered under what is called a Zoning Compliance Procedure. Setback for an accessory building is five feet from the rear lot line in this Zoning District. PARKER, moved to uphold the seconded by AUSTERMAN appellant. VOTE ON MOTION Ayes: Noes: MOTION CARRIED Unanimous Presiding Officer White recessed the Board of Adjustment, took a short recess and reconvened the Board of Adjustment. PARKER, seconded by AUSTERMAN Merriman, Monroe, Parker Stevens, Austerman, McFarland, White None moved to postpone the Findings of Fact until the meeting of November 21, 1989. Presiding Officer White adjourned the Board of Adjustment and reconvened the Assembly. dABHALEB FBIBI TEE BOROUGH IOWA MESSAGES FROM MAYOR Linda Freed reported on the recent hearings of the Alyeska Citizens Advisory Group and noted they had received, in writing, agreement from Alyeska that it would support the group and the conditions the group requested. Ms. Freed announced Kodiak Island Borough had been awarded $2,600,000 for winter clean -up from the Department of Environmen- tal Conservation. This is to be added to the remaining amount of the previous grant. She noted the money is reimbursable November 2, 1989 Page 59 KIBS 103942 KIBS1039 Kodiak Island Borough Regular Assembly Meeting expenditures and the Borough Staff is seeking relief from that MESSAGES FROM restriction as that is a sizable amount for the Borough to carry. MAYOR (cont.) The Borough has resubmitted a request for Social Services funding through the Department of Community and Regional Affairs. The original request was not funded. The Kodiak Island Mayor's Conference will be meeting all day November 9. The meetings will be open to the public. A major Emergency Management Exercise will be conducted on November 8. The National Wildlife Federation will be conducting "Voices of Alaska" Public Hearings. One of these will be at 2 p.m., Sunday November 19 in the Kodiak Island Borough High School Auditorium. OLD BOSIXESS OLD BUSINESS A. Board of Adjustment - Findings of Fact - Okey Chandler FINDINGS OF FACT Appeal. (Okey Chandler Appea Assemblymembers Stevens and Monroe noted that they would abstain from this item as they had not taken part in the hearing of the case at the previous meeting. PARKER, moved to adopt the following seconded by MERRIMAN Findings of Fact: VOTE ON MOTION As found by the Kodiak Island Borough Assembly, sitting as a Board of Adjustment, for a separate appeal on this case: a. This plat meets the minimum standards of survey accuracy and proper preparation of plats required by Title 16 of the Borough Code. b. This plat meets all the requirements of Title 17 of the Borough Code c. This plat is generally consistent with adopted plans and provides a subdivision of land that supports those plans. Of the three points raised in the appeal, two are invalid. a. Condition number 1 was addressed by the Board of Adjustment as part of a separate appeal on this case. b. Condition number 2, a request for rezoning is not appropriate for consideration as part of the subdivision appeal process, especially since the approved subdivision meets all the requirements of the Kodiak Island Borough Zoning Code. 3. Based on documents reviewed at the Board of Adjustment hearing, it was determined that the lots which would benefit from the additional access easements requested in condition number 3 already have legal access. The testimony and documentation provided did not establish that the additional access easements requested were necessary, over the objection of the property owner, in order to provide practical access to adjacent property owned by the appellant. Ayes: Parker, Austerman, McFarland, Merriman, White Noes: None November 2 1989 Page 60 KIBS103944 Kodiak Island Borough Regular Assembly Meeting Abstentions: MOTION CARRIED B. Notice of Intent to Reconsider Ordinance No. 89 -32 -0 ORDINANCE Rezoning Portions of U. S. Survey 1682 and Woodland Acres NO. 89 -32 -0 Alaska Subdivision From RR1- -Rural Residential one to RECONSIDERATION RR- -Rural Residential. AUSTERMAN, moved to reconsider seconded by McFarland Ordinance No. 89 -32 -0. VOTE ON MOTION Ayes: Stevens, Austerman, McFarland, Merriman, Monroe, Parker, White Noes: MOTION CARRIED VOTE ON MOTION TO ADOPT ON FIRST READING Ayes: Ayes: MERRIMAN, seconded by McFARLAND NEN BUSMEN BID AWARDS None November 2, 1989 Stevens, Monroe FINDINGS (continued) 5 Ayes, 0 Noes, 2 Abstentions None Unanimous Austerman, McFarland, Merriman, Monroe, Parker, Stevens, White Noes: None MOTION CARRIED Unanimous The Presiding Officer called for a 10 minute recess. C. Rescission of Resolution No. 89 -71 -R Establishing a Joint RECISSION OF City/Borough Fiscal Year Of 1990 Capital Project Priority RESOLUTION NO. List. 89 -71 -R AUSTERMAN, moved to rescind Resolution seconded by MERRIMAN No. 89 -71 -R MOTION CARRIED Unanimous Merriman, Monroe, Parker, Stevens, Austerman, McFarland, White moved to amend by increasing Mill Bay Road Reconstruction to $7,500,000. MOTION CARRIED Unanimous Voice Vote VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Monroe, Parker, Stevens, Austerman, McFarland, Merriman, White Noes: None MOTION CARRIED Unanimous NEW BUSINESS BID AWARDS Page 61 KIBS103945 Kodiak Island Borough Regular Assembly Meeting RESOLUTIONS RESOLUTIONS Resolution No. 89 -70 -R Authorizing The Disposal By RESOLUTION NO. Utility Easement Of Borough Land Adjacent To The 89 -70 -R Monashka Bay Dam For Less Than Fair Market Value. Presented to the Assembly was Resolution No. 89 -70 -R which would create a utility easement on borough land to the Pillar Creek Dam site. K.E.A. has requested this easement as the current line, which is buried in the roadbed is having increasing problems. The easement requested would allow them to put a new line above ground. MERRIMAN moved to adopt Resolution Seconded by Stevens No. 89 -70 -R. Ayes: Parker, Stevens, McFarland, Merriman, Monroe, White Noes: Austerman MOTION CARRIED 6 Ayes, 1 No 2. Resolution No. 89 -74 -R Requesting Revisions To The RESOLUTION NO. Legislative Appropriations For Oil Spill Response. 89 -74 -R Presented to the Assembly was Resolution No. 89 -74 -R which would urge the Alaska State Leislature to adopt proposed revisions to the oil spill appropriation legislation. The amendment states that municipalities are eligible to receive funding without recourse to Exxon for reimbursement, requires consultation with municipalities in approval of oil spill contingency plans and permits municipalities to adopt legislation to continue clean up and prevents the release of oil and other hazardous substances. MERRIMAN, moved to adopt Resolution seconded by AUSTERMAN No. 89 -74 -R. Ayes: Noes: MERRIMAN, seconded by MONROE VOTE ON MOTION Ayes: Stevens, Austerman, McFarland, Merriman, Monroe, Parker, White None MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION ORDINANCES FOR INTRODUCTION Ordinance No. 89 -34-0 Amending Chapter 17.02, Comprehensive Plan, Of The Borough Code Incorporating The Old Harbor Comprehensive Plan And Capital Improvements Program. This item was previously approved in first reading under the "Consent Agenda." Noes: None nominated Lorne White as Presiding Officer and Alan Austerman as Deputy. Austerman, McFarland, Merriman, Monroe, Parker, Stevens, White ORDINANCE N0. 89 -34-0 D. OTHER ITEMS OTHER ITEMS 1. Reorganization of the Assembly ASSEMBLY REORGANIZATION November 2, 1989 Page 62 Kodiak Island Borough Regular Assembly Meeting MOTION CARRIED Unanimous IHPDAIATICYL fl IELS (NO action required) CITIZENS' OOMCSrs None ASS00lLH ®'S CCIN®'1'S Presiding Officer White announced the schedule for the next two weeks as the AML Conference will interfere with the regular schedule. He indicated he would Like to see the staff develop a resolution for adoption seeking legislative support for a loss of fish tax in this community. The loss of the fish tax due to the oil spill leaves the Borough at a tax deficit. We need legisla- tion which would benefit all such municipalities as well as this community. He also pointed out that a policy for a chain of command in the absence of the Borough Mayor needs to be developed. Assemblyman Austerman agreed the deficit fish tax collections needs to be addressed by legislation. He encouraged the Mayor's office to continue working on the reimbursement issue regarding oil spill monies. He mentioned discussing the sound system for the Assembly Chambers at the work session; that a contract was let to Aksala Electronics to replace this sound system and through the oil emergency the oil company said to get the system fixed. It is his understanding that the $24,000 or so was already paid to Aksala to install a new sound system. He also stated he understood the new sound system has not been installed yet. He asked at the last work session to find out whether the Borough had been paid by Exxon to reimburse the approximately $24,000 involved. The Assembly understands Exxon has been asking about the sound system. Linda Freed responded that Exxon had been in the office in the past week placing tags on all the equipment they had purchased. She indicated she had requested Aksala to defer installing the equipment until the Mayor returns to town and determination on whether Exxon wishes to remove the sound system can be made before installation is made within the walls of the chambers. Assemblyman Austerman continued by requesting a resolution asking the state for some alternative for the ferry while it is out of service for eight months. He also requested a solution for the heat generated by the lighting in the room during the meetings. He suggested "cool" lamps or a large exhaust fan. He indicated a long distance communications company, GCI, had appeared before the P s 2 Commission requesting to lease property. The request was turned down and there was indication GCI would be making a request to the Assembly. Assemblyman McFarland voiced support for the fish tax resolution. Assemblyman Stevens expressed appreciation to the Clerk for arranging get- acquainted meetings with Department Heads for newly- elected Assemblymembers. Assemblyman Parker requested the Mayor's office provide an update of the KANA dorms expenditure summarization for placement on a December work session. He also congratulated the residents of Woodland Acres on the speed of action on the street light issue. Assemblyman Merriman congratulated Carol Snee on being named Employee of the Month. He commented Norman Sutliff made a good point in requesting a refund of his $100 fee for filing an appeal since his appeal was upheld. He further stated returning the money would be hard to do but indicated it should be up for discussion at the next work session. November 2, 1989 Page 63 KIBS103946 INFORMATIONAL MATERIALS CITIZENS' CON ASSEMBLYMEN'S COMMENTS Kodiak Island Borough Regular Assembly Meeting Presiding Officer White expressed concern on corrections needed in the Old Harbor Comprehensive Plan and Capital Improvements Program. ADJOUIMMIESIT ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 9:27 p.m. ATTEST: 4 rI‘ Boron Clerk KIBS103947 November 2, 1989 Page 64 ASSEMBLYMEN'S COMMENTS