Loading...
1991-08-01 Regular MeetingRODIAR ISLAND BOROUGH Regular Assembly Meeting August 1, 1991 A regular meeting of the Kodiak Island Borough Assembly was held August 1, 1991, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:32 p.m. The Presiding Officer led the Pledge of Allegiance. There were present: Jack McFarland, Presiding Betty Fitzjearl Gordon Gould Suzanne Hancock Mike Milligan Mary Monroe excused: Gary Stevens (vacation) comprising a quorum of the Assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Donna F. Smith, Clerk APPROVAL OF AGENDA MONROE, moved to approve agenda seconded by FITZJEARL as submitted. VOTE ON MOTION MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES A. K.I.B. Assembly Meeting of June 16, 1991. FITZJEARL, moved to acknowledge seconded by GOULD receipt and postpone approval of minutes to next meeting. VOTE ON MOTION MOTION CARRIED Unanimous voice vote Regular Assembly Meeting August 1, 1991 KIBS1044 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Volume XIV Page 182 AWARDS AND AWARDS AND PRESENTATION PRESENTATIO A. Employee of the Month EMPLOYEE OF THE MONTH Mayor Jerome Selby presented the Employee of the Month award to Bob Trousil, Environmental Engineer, Engineering and Facilities Department. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing Lorna Arndt felt that Ordinance No. 91 -18 should be reintroduced and placed on the ballot. Assemblymember Fitzjearl stated it was too late to place it on the ballot this year, but voters could initiate the question on the ballot by referendum or petition. Okie Chandler complimented the Assembly on the ordinance appointing the service district boards because of the lack of candidates. He stated that tax issues should not be on a ballot. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS COMMITTEE REPORTS Jody Hodains, Planning & Zoning Commissioner reserved her comments for later. Assemblymember Fitzjearl asked to be excused as the Assembly representative to the Planning & Zoning Commission for the month of August. Assemblymember Monroe reported that the Mental Health Advisory Board canceled a meeting due to lack of a quorum. Presiding Officer McFarland attended the Data Processing Steering Committee meeting and reported Assessing and Finance departments should be on the 400 computer system soon. He stated the procedures for a disaster plan were nearing completion. Regular Assembly Meeting August 1, 1991 KIBS1044 CITIZENS' COMMENTS Volume XIV Page 183 PUBLIC HEARING PUBLIC HEARING All ordinances and resolutions presented at this meeting were introduced by title only and copies were made available to the public. Presiding Officer McFarland recessed the regular meeting and convened the Board of Adjustment. Presiding Officer McFarland excused Assemblymembers Gould and Fitzjearl because of conflict of interest. Mayor Selby designated Presiding Officer McFarland to direct the procedures of the hearing. Presiding Officer McFarland outlined basic procedures the Board of Adjustment Members followed and read from Kodiak Island Borough Code Section 17.89.030 (e), (f) (g), and (h). * * * * * * * * * * BOARD OF ADJUSTMENT BOARD OF ADJUSTMENT An Appeal by Richard R. Madson of the Planning MADSON and Zoning Commission's decision ordering the discontinuation of an unlawful use of land (outdoor storage constituting a junkyard) in an RR- 1- -Rural Residential one Zoning District and removal of all junk vehicles (uneregiSter0d inoperable vehicles, trailers, pars and scrap salvage) within sixty (60) days on Lot 5B, Block 3, Bells Fiats Alaska Subdivisifor an Creek Road and denial of a request r exception. from Section 17.17.020 (permitted Uses) of the Borough Cods to permit junk vehicles ( arts g and scrap ) ona vehicles, trailers, lot in parts RR1- -Rural Residential one Zoning District. (Applicant: Richard R. Madson) Linda Freed, Director of the Community Development Department, presented a video of the property, taped by Joe Harlan - neighbor --on February 19, 1991 at 11:24 a.m., which were part of the Planning & Zoning Commission's hearings. She read � y... the Planning added n ning & that Zoning Commission's Findings-of and a ttt the applicant withdrew the part of his appeal denied his request for an exception from KIBC 17.17.020 to permit junk vehicles on the property. Regular Assembly Meeting August 1, 1991 KIBS104428 Volume XIV Page 184 After Ms. Freed read her points in rebuttal to the appeal prepared by Mr. Winegarden, attorney for the applicant, she added that staff took photographs of the site on July 29th which showed the site was cleaned up with some materials remaining and provided the photographs to the Board. She emphasized that what constituted junkyard materials had not been removed. Jody Hodains, Planning & Zoning Commissioner, recalled that the property as it now appeared was not what the Commission based their decision on, and she stood by the Commission's decision. Charles Wineaarden, attorney representing Mr. Madson, stated that Mr. Madson never applied for a variation, and although he intended to comply with the ruling, he did not agree with what was classified as junk. He suggested a meeting with Borough staff. He stated that some of the vehicles on the site were used in the Madson's fishing operation and should be allowed on the property. He presented slides of the site and other areas in close proximity, comparing his client's junkyard with other areas with junk. In response to the requirement that the property owner must occupy the residence, Mr. Winegarden said that Mr. Madson lived in the residence even though he also rented a residence in Anchorage. When asked by the Presiding Officer who presently lived in the house, Mr. Madson replied that while he was fishing, a caretaker occupied the house. Okev Chandler stated that anyone should keep what they want on their property. Betty Fitzjearl opposed the appeal, stating there was a health and safety problem and that the Kodiak Island Borough Code prohibited industrial use in a RR -1 zoning, and she felt the property was not used as zoned. She stated the zoning codes should be enforced to protect the rights of all citizens equally. Richard Madson stated that the majority of items were moved off the property. He emphasized that he never requested an exception and he had asked to have the He concern over the exception removes. tte expresses concern ever residence question because he never rented the building as he commuted between Kodiak and Anchorage. He noted there was not a creek on the property, but a drainage ditch, which was used as access to other Regular Assembly Meeting August 1, 1991 KIBS104429 Volume XIV Page 185 areas of his property. He stated his vehicles were not junk but agricultural -use equipment, specifically fishing equipment, and that he was willing to comply with the regulations but felt the regulations were subjective. Mr. Wineaarden reminded the Board that the decision of the Commission was based on whether the property was used as a junkyard illegally as stated in KIBC 17.06.304. Mr. Madson stated that there was no evidence of rats and vermin on his property and was incensed at the accusation that the property was a nuisance or hazard to children as there was no supporting evidence. He felt entitled to a reconsideration because he was willing to comply with the zoning. The Presiding Officer closed the public hearing and reconvened the regular meeting. MONROE, seconded by MILLIGAN Regular Assembly Meeting August 1, 1991 moved to grant the appeal of Richard Madson. Discussion ensued between Assemblymember Milligan and Ms. Freed about Code requirements for fishing gear stored on owner occupied property. Ms. Freed stated that the items on the property not only constituted junk but also constituted outdoor storage, which was not a permitted use. Discussion about fishing activities on owner occupied property and accessory buildings ensued. Joel Bolger, Borough Attorney, responded to legal questions about evidence. Assemblymember Milligan asked if the pictures were the same as what the Planning & Zoning Commission saw and questioned the chronology. Jody Hodains recalled that the pictures presented by Mr. Winegarden and Mr. Madson were not made available to the Commission. Presiding Officer McFarland asked for guidance from Mr. Bolger who stated the options were to affirm or reverse the Commission's decision but if it was the finding of the Board of Adjustment that this appeal involved a change of circumstance or new evidence, it could be remanded to the Planning & Zoning Commission. KIBS 104430 Volume XIV Page 186 HANCOCK, seconded by MILLIGAN VOTE ON MOTION moved to remand to the Planning & Zoning Commission. Ayes: Hancock, Milligan, McFarland Noes: Monroe Excused: Fitzjearl, Gould Absent: Stevens MOTION FAILED 3 Ayes, 1 No VOTE ON MOTION TO GRANT APPEAL Ayes: None Noes: Milligan, Monroe, Hancock, McFarland Excused: Fitzjearl, Gould Absent: Stevens MOTION FAILED Unanimous MONROE, moved to postpone seconded by MILLIGAN findings of fact until August 15, 1991 regular meeting. VOTE ON MOTION Ayes: Monroe, Hancock, Milligan, McFarland Noes: None Excused: Fitzjearl, Gould Absent: Stevens MOTION CARRIED Unanimous Tha Drnciding officer adjourned the Board of Adjustment and reconvened the regular meeting. The Presiding Officer called for a ten minute recess. (Clerks note: Mr. Madson retrieved the pictures he had shown the Board of Adjustment) Regular Assembly Meeting August 1, 1991 KIBS104431 Volume XIV Page 187 Assemblymembers Fitzjearl and Gould returned to the dias. A. Ordinance No. 90 -34 Establishing a Permit ORDINANCE system for Excavation and Construction in NO. 90 -34 Road Rights -of -Way in Borough Road Service Areas. Presented for public hearing was Ordinance No. 90 -34 which, if adopted, authorized the Borough, under state law, to require a permit for the use of public streets, alleys, and other public ways with reasonable terms and conditions. Motion to adopt Ordinance No. 90 -34 as amended by substitution was on the floor. Mayor Selby stated this had been postponed because concern was expressed by the utility companies. The Presiding Officer called for public testimony. John Burt stated that if there was a service fee, it should go to the service district rather than the Borough because the service district is ultimately responsible for making repairs. The Presiding Officer closed the public hearing and reconvened the regular meeting. Discussion ensued between Mayor Selby and the Assembly regarding the certificate of insurance and permits. It was pointed out that when utility companies use the road right -of -way without a permit, they were trespassing. This ordinance sets the method and clear authorization to use Borough rights - of -way and not meant to be onerous or a revenue generator for the service districts. Presiding Officer McFarland added that it protected the landowners, and the Borough was a land owner. VOTE ON MOTION AS AMENDED Ayes: Regular Assembly Meeting August 1, 1991 Gould, Hancock, Milligan, Monroe, McFarland Noes: Fitzjearl Absent: Stevens MOTION CARRIED 5 Ayes, 1 No KIBS104432 Volume XIV Page 188 B. Ordinance No. 91 -13 Adopting the 1991 ORDINANCE Uniform Plumbing Code, the 1991 Uniform NO. 91 -13 Mechanical Code, and Amending Kodiak Island Borough Code Section 15.12 Presented for public hearing was Ordinance No. 91 -13 which, if adopted, amended Kodiak Island Borough Code Section 15.12 to bring the 1991 Uniform Mechanical Code and 1991 Uniform Plumbing Code in conformity with the City of Kodiak's Code. FITZJEARL, moved to adopt seconded by MONROE Ordinance No. 91 -13. Mayor Selby stated this updated the Kodiak Island Borough Code to incorporate the current Uniform Plumbing Code and Uniform Mechanical Code, which were also updated in the City of Kodiak Code. The Presiding Officer called for public testimony; seeing and hearing none, the Assembly was reconvened. Discussion ensued between Mayor Selby and the Assembly regarding State Codes. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED GOULD, seconded MILLIGAN The Presiding Officer called seeing and hearing none, the Regular Assembly Meeting Gould, Hancock, Milligan, Monroe, Fitzjearl, McFarland None Stevens Unanimous C. Ordinance No. 91 -08A Amending Ordinance ORDINANCE No. 91 -08, FY 92 Budget (Coastal Management NO. 91 -08A Grant Receipt). Presented for public hearing was Ordinance No. 91 -08A which, if adopted, accepted a grant from the State of Alaska for $26,000.00 for continuation of the coastal management planning program. moved to adopt Ordinance No. 91 -08A. for public testimony; assembly was reconvened. Volume XIV KIBS104433 August 1, 1991 Page 189 VOTE ON MOTION TO ADOPT Ayes: Monroe, Fitzjearl, Gould, Hancock, Milligan, McFarland Noes: None Absent: Stevens MOTION CARRIED Unanimous D. Ordinance No. 91 -14 Rezoning Lot 12B Block ORDINANCE 3 Island Lake Subdivision From R- 2 - -Two NO. 91 -14 Family Residential 12 B-- Business. Presented for public hearing was Ordinance No. 91 -14 which, if adopted, rezoned one of two residential lots which are surrounded on all sides, by B -- Business zoning district. GOULD, moved to adopt seconded FITZJEARL Ordinance 91 -14 and to confirm the Planning & Zoning Commissions Findings -of - Fact. Linda Freed. Community Development Director for the Kodiak Island Borough, stated the Planning & Zoning Commission held a public hearing on this request and received no adverse testimony. The presiding officer called for public testimony. Jody Hodains, Planning & Zoning Commissioner, encouraged the Assembly to adopt Ordinance No. 91 -14 and offered to answer questions. Peter Klein encouraged the Assembly to adopt Ordinance No. 91 -14. Scott Arndt favored adoption of Ordinance No. 91 -14. Lorna Arndt urged the Assembly to adopt Ordinance No. 91 -14. The Preciding officer reconvened the regular meeting. Regular Assembly Meeting August 1, 1991 KIBS104434 Volume XIV Page 190 VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED Noes: Absent: MOTION CARRIED Regular Assembly Meeting August 1, 1991 Fitzjearl, Gould, Hancock, Milligan, Monroe, McFarland None Stevens Unanimous E. Ordinance No. 91 -15 Amending Chapter 17.34, ORDINANCE Zero -Lot Line Development, of the Borough NO. 91 -15 Code. Presented for public hearing was Ordinance No. 91 -15 which, if adopted, would amend Chapter 17.34 of the Borough Code to allow for more flexibility than exists in the current code. FITZJEARL, moved to adopt seconded by MONROE Ordinance No. 91 -15. Linda Freed, Director of the Community Development Department of the Kodiak Island Borough described the ordinance. Assemblymembers and Ms Freed discussed the feasibility of zero lot line development. The Presiding Officer called for public testimony. Jody Hodains, Planning and Zoning Commissioner, offered to answer questions. The Presiding Officer closed the public hearing and reconvened the regular meeting. VOTE ON MOTION TO ADOPT Ayes: Gould, Hancock, Milligan, Monroe, Fitzjearl, McFarland None Stevens Unanimous The Presiding Officer called for a five minute recess. KIBS104435 Volume XIV Page 191 F. Ordinance No. 91 -16 Placing the Question of the ORDINANCE Manager Plan on the Regular Election Ballot. NO. 91 -16 Presented for consideration was Ordinance No. 91 -16 which, if adopted, would place e991 manager form of government on the October 1, 1991, FITZJEARL, moved to adopt seconded MILLIGAN Ordinance 91 -16. The Presiding Officer called for public testimony. Okev Chandler opposed adoption of Ordinance No. 91 -16 because he felt it was a step backward. John Burt encouraged adoption of Ordinance No. 91 -16 because he sensed it was difficult to recall an elected mayor and easier to remove a manager. Lorna Arndt stated she wanted the question on the ballot. Gilbert Wilson encouraged adoption of Ordinance No. 91 -16. Jody Hodains expressed a desire for the mayoral form of government to stay the same. - The Presiding Officer closed the public hearing and reconvened the regular meeting. Assemblymember Fitzjearl pointed out that people had asked that this be put on the ballot and given the opportunity to vote on it. Assemblymember Hancock stated this had been on the ballot and failed, and it benefitted the public to have the balance of an assembly and an elected mayor. Assemblymember Milligan felt•that a strong mayor form of goverment served this community well. Assemblymember Gould gave a history of previous forms of government in Kodiak and stated that the present form of government worked well for this community. He felt if the community wanted a change, they would come forth .. -�.� a petition a with or th fetition to put it on the ballot. Assemblymember Monroe reviewed the parallel functions of the assembly and mayor and one function under the manager form of government that would be lost was the vision and leadership the mayor provided. Regular Assembly Meeting August 1, 1991 KIBS104436 Volume XIV Page 192 VOTE ON MOTION TO ADOPT Ayes: Fitzjearl Noes: Hancock, Milligan, Monroe, Gould, McFarland Absent: Stevens MOTION FAILED 1 Aye, 5 Noes G. Ordinance No. 91 -20 An Emergency Ordinance ORDINANCE Relating to Examinations for Equine NO. 91 -20 Infectious Anemia. Presented for public hearing was Ordinance No. 91 -20 which, if adopted, would prevent contagious equine to be transported into the boundaries of the Borough. GOULD, moved to adopt seconded by MONROE Ordinance No. 91 -20. The Mayor stressed this emergency ordinance was necessary because equine would be transported by the M/V Tustumena to Kodiak. He explained a permanent ordinance to change the codes would be forthcoming. The Presiding Officer called for public testimony, there being none, the Assembly was reconvened. VOTE ON MOTION TO ADOPT Ayes: Milligan, Monroe, Fitzjearl, Gould, Hancock, McFarland Noes: None Absent: Stevens MOTION CARRIED Unanimous MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby furnished good news on the pollack /sea lion issue. He received news from the U.S.C.G. that the permit for the Peterson Elementary School land license was 'sent. KIBS104437 Regular Assembly Meeting Volume XIV August 1, 1991 Page 193 He announced that the Assembly and City Council would meet with Department of Environmental Conservation to discuss oil spill prevention efforts. He noted the Old Harbor School renovations were going well, as well as other various summer construction projects. There was cooperation from processors on the severance tax. OLD BUSINESS None. NEW BUSINESS A. BID AWARDS 1. FY 92 Junk Removal Program Services Contract MONROE, seconded by GOULD VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED Regular Assembly Mooting August 1, 1991 moved to award FY92 Junk Removal Contract to Kodiak Towing in amounts specified on bid sheet. Monroe, Fitzjearl, Gould, Hancock, Milligan, McFarland None Stevens Unanimous B. RESOLUTIONS None. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 91 -19 Rezoning Certain Borough Land from Rural Residential One District to Public Use Lands District for School Development Purposes. Presented in first reading was Ordinance No. 91 -19 which rezoned six residential lots to Public Lands KIBS104438 OLD BUSINESS NEW BUSINESS BID AWARDS JUNK REMOVAL RESOLUTIONS ORDINANCES FOR INTRODUCTION ORDINANCE NO. 91 -19 Volume XIV Page 194 Zoning classification to and school construction. GOULD, seconded by FITZJEARL VOTE ON MOTION GOULD, seconded by MONROE VOTE ON MOTION GOULD, seconded by FITZJEARL VOTE ON MOTION Regular Assembly Meeting August 1, 1991 allow for site development moved to advance Ordinance No. 91 -19 to public hearing on August 15, 1991. MOTION CARRIED Unanimous voice vote 2. Ordinance No. 91 -08B Accepting State ORDINANCE Municipal Grant Funds for Selief Lane /Von NO. 91 -08B Scheele Way Improvement and Lighting, Civil Air Patrol Hangar Construction, Emergency Medical Equipment, and Hospital Equipment. Presented in first reading was Ordinance No. 91 -08B which was required by the State of Alaska administration before a grant agreement could be executed. moved to advance Ordinance No. 91 -08B to public hearing on August 15, 1991. MOTION CARRIED Unanimous voice vote 3. Ordinance No. 91 -21 Relating to ORDINANCE Examinations for Equine Infectious Anemia. NO. 91 -21 Presented in first reading was Ordinance No. 91 -21 which prevented equine infected with Equine Infectious Anemia from being transported into the boundaries of the Kodiak Island Borough. moved to advance Ordinance No. 91 -21 to public hearing on August 15, 1991. MOTION CARRIED Unanimous voice vote 4. Ordinance No. 91 -17 Relating to the Appointment of Members of Service Area Boards of Supervisors. KIBS104439 ORDINANCE NO. 91 -17 Volume XIV Page 195 Presented in first reading was Ordinance No. 91 -17 which authorized the Assembly to appoint members of service area boards instead of appointing through election process. HANCOCK, seconded by MONROE VOTE ON MOTION Ayes: FITZJEARL, seconded by MILLIGAN VOTE ON MOTION MOTION CARRIED C. OTHER None. Regular Assembly Mooting August 1, 1991 moved to advance Ordinance No. 91 -17 to public hearing on August 15, 1991. Fitzjearl, Gould, Hancock, Milligan, Monroe, McFarland Noes: None Absent: Stevens MOTION CARRIED Unanimous D. OTHER ITEMS 1. Parks and Recreation Committee Member Resignation. moved to accept the resignation of Tom Watson from the Parks & Recreation Committee. Unanimous voice vote A. MINUTES OF OTHER MEETINGS 1. K.I.B.S.D. Regular Meeting of June 24, 1991. B. REPORTS 1. Community Development Department May and June, 1990, Status Report. KIBS104440 OTHER RESIGNATION INFORMATIONAL MATERIALS (No action required) INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER Volume XIV Page 196 CITIZENS' COMMENTS None. ASSEMBLYMEMBER'8 COMMENTS Bob Trousil was congratulated for being selected the Employee of the Month. Assemblymembers requested copies of the Alaska Municipal League salary schedule. There being no further business to come before the Assembly, the meeting adjourned at 11:20 p.m. ATTEST: ALtot f AN Borough Clerk Regular Assembly Meeting August 1, 1991 KIBS104441 CITIZENS' COMMENTS ASSEMBLYMEMBER'S COMMENTS Volume XIV Page 197