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1989-11-21 Regular MeetingThere were present: APPROVAL Q A®A MERRIMAN, seconded by STEVENS MOTION CARRIED There were no committee reports. November 21, 1989 KIBS103948 IODIAK ISLAND BOSOM Regular Assembly Meeting November 21, 1989 A regular meeting of the Kodiak Island Borough Assembly was held November 21, 1989, 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. The invocation was given by the Rev. Mark Houglum of St. Paul's Lutheran Church. The Pledge of Allegiance followed. Lorne White, Presiding Officer Alan Austerman Jack McFarland Tom Merriman Mary Monroe John Parker Gary Stevens comprising a quorum of the assembly; and Jerome Selby, Mayor Linda Freed, Community Development Director Kaye McClain, Acting Deputy Clerk moved to approve agenda as submitted. Unanimous Voice Vote REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF The item on the consent agenda was read aloud by the Presiding CONSENT AGENDA Officer. MERRIMAN, moved to approve consent seconded by PARKER agenda. MOTION CARRIED Unanimous Voice Vote APPROVAL OF KOMI 8 APPROVAL OF MINUTES A. Minutes of Regular Assembly Meeting of November 2, 1989. Minutes were approved on the consent agenda. C3SI> ® 0--B CITIZEN'S COMMENTS Nelle Murray, resident of Bells Flats, spoke regarding the late fee for garbage collection charges. She indicated the late fee is not in proportion to the garbage collection service charge. coma rfa RQORIS COMMITTEE REPORTS Page 65 Kodiak Island Borough Regular Assembly Meeting PUBLIC BlAB7IM: PUBLIC HEARING A. Ordinance Bo. 89 -28-0 Rezoning Lot 10, U. S. Survey 3089 From ORDINANCE HP- Rural Residential One To Business. (2171 Mill Hay Rd) 89 -28-0 AUSTERMAN, moved to adopt Ordinance seconded by McFARLAND No. 89 -28 -0. Presented to the assembly for second reading and final adoption, was Ordinance No. 89 -28 -0. This ordinance would rezone one lot to business use, making it compatable with the neighboring properties. The presiding officer called for public testimony; there being none, the assembly was reconvened. VOTE ON MOTION TO ADOPT Ayes: McFarland, Merriman, Monroe, Parker, Stevens, Austerman, White Noes: None MOTION CARRIED Unanimous B. Ordinance No. 89 -31-0 Creating Chapter 17.16, Rural Residential Zoning District. Presented to the assembly for second reading and final adoption, was Ordinance No. 89 -31-0 which would create a new zoning category. Properties zoned Rural Residental would be larger sized lots and be restricted to residences and home owned businesses. McFARLAND, moved to adopt Ordinance seconded by Merriman No. 89 -31 -0. The presiding officer called for public testimony. Bruce Barrett, a resident of Woodland Acres, spoke in support of the new zoning district. He noted there has been an increased amount of traffic with subdivision in the area. He felt there was a reduced quality of life and indicated an option for persons who wish larger lots should be available in the Borough. John Shank, also a resident of Woodland Acres, supported the new zoning category indicating the option on land size is important for land owners. Merle Brown, Seabreeze Circle, Woodland Acres, felt the new zoning category would be important in maintaining lower traffic on his street, which has a drainage problem and becomes hazardous in the winter. Barry Still, Woodland Drive, testified in behalf of the new zoning category, feeling people should have the opportunity to live the way they choose and protect what they already have. Loren Halter, also a resident of Woodland Acres, spoke in support of the comments of the preceding speakers. Beth Kormetis, Woodland Acres resident, also supported the comments of the preceding speakers. Dan Oga, representing the Monashka Bay Road Service District Board, noted the Board has scheduled a public hearing to discuss the issue of rezoning to this particular type of zoning. The Service District Board is in favor of creating this new zoning category. Rev. Ray E.Boutwell, pastor of Monashka Bay Baptist Church, stated that the church opposes using the new zoning category to downzone existing zoned areas. November 21, 1989 Page 66 KIBS103949 ORDINANCE NO. 89 -31-0 KIBS10395 Kodiak Island Borough Regular Assembly Meeting The presiding officer closed the public testimony and - reconvened the assembly. Linda Freed addressed questions from assemblymenbers. She noted the differences in the existing and proposed zones. The existing zoning district includes: single family dwellings, home occupations, horticultural buildings and activities, fishing activities when an owner occupied dwelling is present on the property, churches, agricultural buildings and activities and accessory buildings. The proposed district permitted uses are single family dwellings, accessory buildings and home occupations. Conditional uses in both areas are fire works stands. She pointed out two significant changes between the new district and the existing district and they are: the lack of ability to subdivide a lot when sewer and water is present from 40,000 square feet to 20,000 square feet, and that fishing gear storage and activities, unless they fall under the definition of a home occupation, would not be permitted. She indicated that if a cohesive neighborhood wished to rezone to the new category, any activities (fish gear storage, etc.) would be allowed at the level at which they were operating at the time of rezoning. VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous Merriman, Monroe, Parker, Stevens, Austerman, McFarland, white C. Ordinance No. 89 -33 -0 Reinstating Limitations On The Mayor's Authority To Contract For The Purchase Of Goods And Services 89 -33-0 Related To The Exxon Oil Spill. MERRIMAN, moved to adopt Ordinance No. seconded by AUSTERMAN 89 -33 -0. Presented for second reading and final adoption, was Ordinance No. 89 -33-0 which restores the Mayor's limitations on the purchase of goods and services. The crisis nature of the oil spill purchases have been dealt with and there is no longer any need for overriding normal procedures. The presiding officer called for public testimony: there being none, the assembly was reconvened. VOTE ON MOTION Ayes: November 21, 1989 Monroe, Parker, Stevens, Austerman, McFarland, Merriman, . White Noes: None NOTION CARRIED Unanimous Presiding Officer White recessed the and convened the Board of Adjustment. BOARD W ADJDYMMORT An appeal by Peter N. Holm, Jr. of a Planning and Zoning Commission's configuration in granting preliminary approval of the subdivision of a portion of unsurveyed public land with Section 32, Township 24 South, Range 24 West, Seward Meridian and replat to Lots 1 through 5 and Tract A, Onion Bay Subdivision Number 2. (Generally located along the western shore of Onion Bay, Raspberry Island) (Applicant: Kodiak Island Borough) ORDINANCE N0. 89 -31 -0 (cont.) ORDINANCE NO. BOARD OF ADJUSTMENT APPEAL BY PETER N. HOLM JR. Page 67 Kodiak Island Borough Regular Assembly Meeting Linda Freed, Community Development Director, stated the Planning and Zoning Commission had approved the subdivision subject to two conditions: obtaining subdivision sanitation approval and that Tract A and Lots 1 through 5 be redrawn to meet the requirements of the Conservation Zoning District (minimum of 5 acres). Bruce Barrett, a member of the Planning and Zoning Commission, responded to why the Commission chose to redraw property lines to meet the requirements of the Conservation Zoning District. They felt Tract A was just too small to provide public access and public use. Questions were asked by the assembly pertaining to alternate zoning districts which would not be restrictive in size, but would also serve the public need. Mrs. Freed explained there were recommendations from staff to deal with Tract A in a number of different ways to make it legal under the zoning code, there was no consideration of changing any of the lots from the Conservation Zoning District. Mel Stephens represented Mr. and Mrs. Halm. He stated legal concerns which he noted: lack of substantiating evidence for the decision: no clear cut definition of where the last lines were drawn; the Planning and Zoning Commission misconstrued what its role should have been in this case. Peter Holm related the history of his set net fishing operation on Tract A and Lot 1. He responded to questions of assembly members by stating he had tried to purchase the land from the state of Alaska and through the Mayors of Afognak in 1977 and earlier. He noted the value of the cabin on Tract A as $5,000 (12 X 24 size) and stated they have held off building anything more adequate since decisions relating to the property have been in discussion such a long time. Paul "Smoky" Stover, who has a cabin across from Holm's fishing site, noted the roughness of the area and spoke of the danger to persons who are not familiar with the area and its weather. Tom Simmons agreed with the previous speaker that that end of the bay is dangerous during hunting season as most of the winds come from the Northwest. As a camper he would prefer to use the head of the bay. He noted he has never been denied public access by any of the residents of the area. Peter Holm assured that public access would be continued if he was able to use his set net site in the future. He assured the assembly he would be satisfied if the lot lines were as originally proposed, with both his cabins within Lot 1. Assemblyman Merriman spoke that he felt it was abundantly clear that it was not the intent of anyone to dislodge the Holm;. He felt a workable solution for the problem should be sought. He favored drawing the lines so both cabins would be encompassed in one lot and still give access across the back of the lots. Assemblyman Austerman spoke in favor of removing the back Lot line on Tract A. Assemblyman McFarland noted he agreed with both Mr. Merriman and Mr. Austerman. He felt moving the back line and having both cabins on one lot would satisfy the public and Mr. and Mrs. Holm Assemblyman Parker commented on the voluminous amount of paper related to this case. Mayor Selby related the background of this subdivision in an attempt to put the history of this case in proper perspective. Assemblywoman Monroe agreed with removing the back lot line on Tract A and restoring the original lot lines. November 21, 1989 KIBS103951 BOARD OF ADJUSTMENT (cont.) Page 68 Kodiak Island Borough Regular Assembly Meeting Assemblymen Aueterman felt the Assembly should uphold the appellant BOARD OF ADJUSTMENT and place conditions in the ruling. (cont.) Assemblyman Stevens asked if the Planning and Zoning Commission could remove the back line. Mrs. Freed suggested if the Board of Adjustment wished to uphold the appellant and extend the rear lot line on Tract A, it should be made in one motion to complete the matter at this meeting. Assemblyman McFarland stated that was what he desired to accomplish with his motion. McFARLAND, seconded by MERRIMAN VOTE ON MOTION AYES: Parker, Stevens, Austerman, McFarland, Merriman, Monroe Noes: White MOTION CARRIED 6 Ayes, 1 No PARKER, seconded by McFarland MOTION CARRIED Unanimous Voice Vote Presiding Officer White adjourned the Board of Adjustment and reconvened the Assembly. He declared a ten minute recess. MLBS& FBOI 253 BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby announced Roman Zeedar, Old Harbor, was identified as Student of the Month. He reported on the Magnusson Act, noting Senator Stevens has introduced the bill which includes items we have been working on as the Costal Coalition. Congressman Young is working toward introducing a similar set of resolutions. He noted all the resolutions presented by Kodiak were adopted at the Alaska Municipal League meeting in Juneau. The sessions were excellent with no dissentions among those present. Mayor Selby also mentioned Gov. Cowper will be in Kodiak on Dec. 4. It is expected there will be two public sessions as well as meetings with various interest groups. OLD BUSIRBSR OLD BUSINESS A. Approval of the Gear Storage Task Force Report. McPARLAND, seconded by Parker VOTE ON MOTION MOTION CARRIED November 21. 1989 Page 69 KIBS103952 moved to uphold the appellant with the amendment to return to the original lot lines and erase the rear line on Tract A. moved to postpone the Findings of Fact until the meeting of December 7, 1989. moved to accept the Gear Storage Task Force Report. Unanimous Voice Vote Kodiak Island Borough Regular Assembly Meeting 1. As found by the Kodiak Island Borough Planning and Zoning commission in approving this case: PARKER, moved to adopt the seconded by McFarland following Findings of Fact: VOTE ON MOTION KIBS103 B. Board of Adjustment - Findings of Fact - - Norman Sutliff Appeal. FINDINGS OF FACT NORMAN SUTLIFF 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. 2. The condition of approval appealed by the applicant will not significantly protect structures constructed along the shoreline in the future: and if included as a plat note could indeed have a negative impact on future development of the property. Ayes: Stevens, Austerman, McFarland, Merriman, Monroe, Parker, White Noes: None MOTION CARRIED Unanimous NB• HDSINEBS NEW BUSINESS A. BID AWARDS BID AWARDS None B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 89 -75 -R Requesting Adequate Funding RESOLUTION NO for the Procurement and Operation of a Substitute 89 -75 -R Vessel while the M/V Tustumena is Out of Service. Presented to the Assembly was Resolution No. 89 -75 -R which would request funding to secure and operate a ferry service while the current vessel undergoes reconditioning. MONROE, moved to adopt Resolution seconded by MERRIMAN No. 89 -75 -R. VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote C. ORDINANCES FOR INTRODUCTION None O. OTHER ITEMS None A. MINUTES OF OTHER MEETINGS 1. Work Session Notes of Mental Health Center Advisory Board of August 2, 1989. ORDINANCES FOR INTRODUCTION OTHER ITEMS UNOMMI [' IONAL SOMA= (No Action Required) INFORMATIONAL MATERIALS November 21, 1989 Page 70 Kodiak Island Borough Regular Assembly Meeting B. REPORT'S 1. School District Financial Report for September 1989. 2. K.I.B. Financial Report for October, 1989. CITIZENS' COLT'S ASSINIBLINIESEN8' C'OKEIN.S Assemblyman Merriman noted he will be out of town for the work session Nov. 30 and for the meeting on Dec. 4 with Gov. Cowper. He congratulated Roman Zeedar as Student of the Month. He noted that the assembly did not wish to always disagree with the Planning and Zoning Commission. Assemblywoman Monroe felt the Alaska Municipal League meetings in Juneau were very instructive and helpful. Assemblyman Parker noted the Phase 2 of the Kodiak Airport Study has arrived. Assemblyman Stevens also appreciated the opportunity to attend the Alaska Municipal League meetings. He noted he had learned some things about the open meeting law, which he would be happy to share with other Assembly members at a future time. Assemblyman McFarland requested information on the late fee charges. He also requested the Womens Bay Dumpsters be checked again. Congratulated Mayor Selby and other staff members on the auditors' "clean and healthy" report. Assemblyman Austerman requested an update from the Mayor's office on the Baler Facility. Presiding Officer White announced the Borough Clerk's office is taking applications from persons interested in serving on one or more Borough boards or commissions; the assembly will meet in work session on Thursday, Nov. 30 at 7:30 p.m. and the next regular assembly meeting is Thursday, Dec. 7 at 7:30. Mayor Selby announced the Kodiak Island Convention and Visitors Bureau awarded the Kodiak Island Borough with their highest award, the Baranof Award. ADJOURNIOSIf ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 9:35 p.m. ATTEST: ;ding Officer Boron lark November 21. 1989 Paae 71 KIBS103954 CITIZEN'S COMMENTS ASSEMBLYMENBER'5 COMMENTS