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1989-12-07 Regular MeetingKIBS103955 APPRUpAk OF AGENDA PARKER, seconded by Stevens VOTE OR MOTION MOTION CARRIED VOTE ON MOTION ®IAK ISLAND BOROUGH Regular Assembly Meeting December 7, 1989 A regular meeting of the Kodiak Island Borough Assembly was held December 7, 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. The invocation was given by the Rev. Mike Green of the Kodiak Community Church, followed by the Pledge of Allegiance. There were present: ROLL CALL Alan Austemnan, Presiding Jack McFarland John Parker Gary Stevens Excused: Lonnie White Mary Monroe Tom Merriman comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Gaye Vaughan, Borough Clerk moved to approve the agenda with the deletion of the Board of Adjustment. Unanimous Voice Vote COMM AGM* CONSENT AGENDA The items on the consent agenda were read aloud by the Borough Clerk. STEMS, moved to approve the consent seconded by Parker agenda as submitted. MOTION CARRIED Unanimous Voice Vote APPROVAL Cr *3 M A. K.I.B. Assembly Regular Meeting of November 21, 1989. This item was previously approved under the "Consent Agenda." CITIZENS' CONSNSS Mayor Selby presented the Employee of the Month Award to Kathy Jones, Assessing Clerk. Barb Monkiwicz, a property owner in Bells Flats, who was affected by the flood in September thanked Borough employees and the Mayor for their assistance. She questioned what the status of the Task Force appointed to deal with the flooding problem was at this isms. REGULAR MEETING APPROVAL OF AGENDA APPROVAL OF MINUTES crrffiENi5 COMMENTS EMPLOYEE OF THE MOAT: KIBS1039 Kodiak Island Borough Regular Assembly Meeting CDIUQSlf MOM COMMITTEE REP0RJS A. Appointment to Service District X 1 Advisory Board APPOINTMENT TO SERVICE DISTRICT MCFARLAND, moved to appoint Vern Berns X 1 ADVISORY D seconded by PARKER to an unexpired two -year term on the Service District X1 Advisory Board VOTE ON MOTION MOTION CARRIED Unanimous Voice Vote Assemblyman McFarland reported he attended a meeting of the Data Processing Steering Committee held earlier in the day. He noted the group is studying upgrading or a new mainframe computer system for the Borough. Tom Bendel, chairman of the Planning and Zoning Commission, commented on two agenda items: 1. Ordinance No. 89-34-0 incorporating the Old Harbor Comprehensive Plan and the Capital Improvements Plan. The Commission recommended approval. 2. Ordinance No. 89 -32 -0 for rezone of Woodland Acres. After extensive study the Commision recommended approval, however due to the impact upon the area, the group urged postponing action upon the Ordinance until a full assembly could be present. PUBLIC EMU. PUBLIC HEARING A. Ordinance No. 89 -32-0 Rezoning Portions of U. S. Survey 1682 And Woodland Acres Alaska Subdivision From RR1- -Rural Residential One To RR- -Rural Residential. (Woodland Drive and Seabreeze Circle) Presented to the assembly for second reading and public hearing was an ordinance which would rezone Woodland Acres Subdivision from Rural Residential One to Rural Residential. The Rural Residential designation was newly created by Ordinance No. 89 -30-0 adopted Nov. 21, 1989. MCFARLAND, moved to adopt Ordinance No. seconded by PARKER 89 -32 -0. The presiding officer called for public testimony. Jim Broyles, a resident of Woodland Acres, (Block 3, Lot 1) questioned whether all property owners are controlled by the same regulations in a zoning district. He inquired whether the zoning board had authority to enforce the rules. When told the administration of the Borough carried the authority, Mr. Broyles asked why the rules are not being enforced. Assemblyman McFarland responded that code enforcement is done on a complaint basis. Mr. Broyles noted that method has been ineffective on occasion. He queried as to the purpose and intent of the rezone. He recently wished to subdivide and was told the papers would not be processed until the action on this Ordinance was determined. He stated his objection to the rezone. my Boutwell, pastor of the Monashka Bay Baptist Church, stated the incorporated church owns Block 1, Lot 1 and opposes downzoning the land. He asked if the property value of the land would be affected by the rezone and would the taxes decrease. It was explained the two would go hand in hand, but since there is no land currently zoned Rural Residential the assessor would have to make determinations on value after an area is rezoned. He noted the RR area allows no churches and feels the zoning should be used in newly subdivided areas only. ORDINANCE NO. 89 -32-0 December 7, 1989 Page 73 KIBS103957 Kodiak Island Borough Regular Assembly Meeting Ginny Shank, Woodland Drive, spoke in favor of the ordinance. ORDINANCE NO. She noted it would be fair to allow those who wish to subdivide 89 -32-0 to have a grace period in which to subdivide, but indicated (Cont.) purchase of her property was done because of the larger size of the Lots in that area. Joe Bogq, treasurer of Monashka Bay Baptist Church, spoke in favor of using covenants to limit property subdivision. Bruce Barrett, representing his wife, Linda, Lot 3, woodland Acres Drive, noted his lot has a covenant on it. He said his lot is consistent with the neighborhood and the intent of the neighborhood when it was developed was to not subdivide. He considered subdividing a short-term benefit for the persons subdividing. He felt the majority of the neighborhood opposes subdivision. Karen Still encouraged the assembly to approve the rezoning. She noted the peacefulness and privacy of the area was a determining factor in their choosing Woodland Drive for their home. She said recent experience proves covenants don't work, one has to take neighbors to court to enforce them. The 111 will fostered by a court case is not preferred in a neighborhood. She presented a petition and a map with the lots of people supporting the rezone highlighted (32 lots). There are 50 lots in the area. The owners of 6 lots are opposed to rezoning. Nine lot owners were unavailable when the survey was done. Peggy Brandenberger, who lives between the Ervins and the Broyles, indicated outrage that they both want to subdivide. She indicated their lot had been purchased a year ago because of the privacy it offered. She asked that no further subdividing be allowed in the area. Merle Brown spoke in favor of the rezone in Woodland Acres citing traffic hazzard and drainage issue presented by Seabreeze Circle and people's feelings as factors supporting the rezone. Terry Lovett, 3520 Woodland Dr., wishes the rural life style of the area to be preserved. Jennifer Spencer indicated she was in favor of the rezoning. Ron Monroe, 3650 woodland Dr., feels the rezone is not asking for a change, it is asking for what the area has been. Beth Kourmetis, 4011 Woodland Dr., noted that had the original owner of the land had the option of Rural Residential zoning at the time, she would have selected it. Instead covenants were put on the subdivisions to prohibit further subdivisions. Mrs. Kourmetis favored the rezoning. Fred Holley, Lot 4, Block 2, Woodland Acres Subdivision, favored the rezoning and spoke in opposition of further subdivision. Loren Halter spoke for himself and his wife, owners of Lot 9 on Seabreeze Circle. He noted the selling point of this lot was the covenant which was in effect. He pointed out the ensuing subdivision with the water and sewer could be considered a stab in the back. He favored rezoning. Leo Kourmetis supported the rezone citing other neighborhoods where subdivision has been allowed as being undesirous for raising a family. Dan Miller, Monashka Bay resident, is watching this issue and feels the coming of sewer and water to his area might cause subdivision of his area. He feels that that area might like to request rezoning prior to that time. December 7, 1989 Page 74 Kodiak Island Borough Regular Assembly Meeting Jim Broyles questioned the covenants put in place by the original ORDINANCE NO. owner. 89- 32 -0(cont.) John Shank supported the rezone because of increased traffic caused by subdivision. Terry Lovett felt many subdivisions are done by real estate companies as a profit making venture. He challenged the assembly to plan and zone so the haphazard growth of Kodiak can be controlled. The presiding officer closed the public testimony and reconvened the assembly. MCFARLAND, seconded by PARKER MCFARLAND, seconded by STEVENS VOTE ON MOTION TO AMEND Ayes: McFarland, Parker, Stevens, Austerman Noes: MOTION CARRIED VOTE ON MOTION AS AMENDED Ayes: Noes: MOTION CARRIED A five minute recess was called. KIBS103958 moved to postpone the decision on Ordinance No. 89 -32-0 to January 4. moved to amend the motion to set the ordinance for public hearing on Jan. 4. None Unanimous Parker, Stevens, McFarland, Austerman None Unanimous B. Ordinance No. 89 -34-0 Amending Chapter 17.02, Comprehensive ORDINANCE NO. Plan, Of The Borough Code Incorporating The Old Harbor 89 -34-0 Comprehensive Plan and Capital Improvements Program. Presented to the assembly for second reading and public hearing was an ordinance which would amend K.I.B. Code by incorporating the Old Harbor Comprehenshive Plan and Capital Improvements Program into Chapter 17.02, Comprehensive Plan. MCFARLAND, moved to adopt Ordinance No. seconded by PARKER 89 -34-0 The presiding officer called for public testimony; there being none, the assembly was reconvened. VOTE ON MOTION TO ADOPT MOTION CARRIED Unanimous Voice Vote BOARD OF 1B.1DVOIXOT BOARD OF ADJUSTMENT An appeal by Brechan Enterprises of the Planning & Zoning Commission's decision to place a condition, creating a 20 ft. wide sewer and water easement along the existing right -of -ways, on granting preliminary approval of the subdivision of Block 3, Tract A, Bells Flats Subdivision creating Lots 1 and 2, Block 3 Tract A, Bells Flats Subdivision. (Located at 224 Salmonberry Drive) (Applicant: Brechan Enterprises) December 7, 1989 Page 75 BRECHAN ENTERPRISES APPEAL Kodiak Island Borough Regular Assembly Meeting (Clerk's Note: At the request of the Appellant, Brechan Enterprises, Inc., the Board of Adjustment hearing was rescheduled for January 4.) NSSBAGIN In TEE BDNOD= MAYOR Mayor Selby reported there is no further progress with the DEC contract. They are trying to draft a contract which will be more acceptable. He spoke to the North Pacific Fisheries Management Council this week. The testimony was well received. The initial recommendation adopted by the Council was for 73,400 metric tone of Pollock in the Gulf of Alaska with an additional 10 to 20,000 metric tons to the North and South of Kodiak. The roe stripping issue is on the agenda for today. There seemed to be good support to put the inshore /offshore allocation problem statement, as it was recommended, forward for public comment, with an end date of September of 1990. OLD 808//18613 MCFARLAND, seconded by STEVENS MCFARLAND, second by PARKER VOTE ON MOTION Ayes: Noes: MOTION CARRIED NEW BDBIQBN A. BID AWARDS None B. RESOLUTIONS None C. ORDINANCES FOR INTRODUCTION None D. OTHER ITENS flLTZORIL 181Zafi8 (No action required) CIT'IENBB` COINBQfB December 7, 1989 Non moved to adopt the Findings of Pact of the Board of Adjustment appeal by Peter N. Rolm Jr moved to postpone, until Jan. 4, the Findings of Fact of the Board of Adjustment appeal by Peter N. Holm Jr. Stevens, McFarland, Parker, Austerman None Unanimous Tom Mendel stated the Division of Sport Fish of the Department of Fish and Game Game has federal money available for local improvements providing access for sport fishing. The money has been budgeted but not allocated. Four projects on the list for the Kodiak area are the boat launch ramp at Womans Bay, a parking area at Russian KIBS103 BRECHAN ENTERPRISES APPEAL RESCHEDULED MESSAGES FROM MAYOR MESSAGES FROM MAYOR (Cont.) OLD BUSINESS FINDINGS OP FACT BOA PETER N. HOLM JR. NEW BUSINESS INFORMATIONAL MATERIALS CITIZEN'S COMMENTS Page 76 Kodiak Island Borough Regular Assembly Meeting River, a bridge across the Pasagshak River, and a sport fishing pier in the town area. Any support for these projects would help speed their completion. Contact can be made with Kevin Delaney, Fish and Game, Anchorage; Tom Bendel, Planning & Zoning Commission; or Bud Cassidy, Resource Manager, K.I.H. ASSEMBLYMEN 0O21102128 Assemblyman McFarland commented on the meeting with the Governor while he was in town. He asked that Bells Flats flooding be placed on the agenda for the next work session. He thanked the Mayor for representing the Borough at the Fisheries meeting last week and Alan Austerman for presiding at tonight's meeting. He also mentioned appreciating those persons who came and testified tonight. Assemblyman Austerman echoed his sentiments on those who came forward and testified. He announced the assembly will meet for a work session on Tuesday, and Dec. 12 to interview candidates for boards and commissions; they will meet in a joint work session with city council on Tuesday, Dec. 18 at 7:30 p.m. The assembly will not meet in regular session on Dec. 21. The next regular meeting will be Thursday, January 4, 1990. AQ10p0111111Y There being no further business to come before the assembly, the meeting adjourned at 9:04 p.m. ATTEST: Borough lerk KIBS103960 December 7, 1989 Page ]] CITIZEN'S COMC ;•N'_S (cont.) ASSEMBLYMAn COMMENTS ASSEMBLYMAN'S COMMENTS (Cont.) ADJOURNMENT