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1991-11-21 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held November 21, 1991 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 Pastor Michael Miers of the Church of the Nazarene, followed by the Pledge of Allegiance. There were present: Jack McFarland, Presiding Betty Fitzjearl Gordon Gould . Suzanne Hancock Mike Milligan Mary Monroe Gary Stevens comprising a quorum of the Assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Judi Nielsen, Borough Deputy Clerk Jane Edmonds, Records Coordinator APPROVAL OF AGENDA APPROVAL OF AGENDA STEVENS, moved to approve agenda seconded by MONROE as submitted. VOTE ON MOTION MOTION CARRIED APPROVAL OF MINUTES APPROVAL OF MINUTES None. AWARDS AND AWARDS AND PRESENTATIONS PRESENTATIONS A. Student of the Month Mayor Selby presented the Student of the Month Award to Kristen Krumrev a senior at Old Harbor High School. Regular Assembly Meeting November 21, 1991 RODIAR ISLAND BOROUGH Regular Assembly Meeting November 21, 1991 unanimous voice vote KIBS104544 REGULAR MEETING ROLL CALL Volume XIV Page 300 CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing Kathy Cordry opposed adoption of Ordinance No. 91 -33. She said the sawmill was conditional use in a conservation zone and warehousing did not fit in the area. She thought a rezone from conservation to business was in non - conformance and was a blatant disregard of the comprehensive plan. B. Items Other Than Those Appearing on the Agenda None. COMMITTEE REPORTS COMMITTEE REPORTS None. PUBLIC HEARING PUBLIC HEARING All ordinances and resolutions presented at this meeting were introduced by title only and copies made available to the public. A. Ordinance No. 91 -28 Rezoning a Tract of Land ORDINANCE Totalling 4,360 Acres from C -- Conservation to NO. 91 -28 W -- Watershed in the Vicinity of the City of Larsen Bay. Presented for consideration was Ordinance No. 91 -28 which, if adopted, rezoned a tract of land in Larsen Bay to protect and regulate the municipal water supply to ensure good quality water be maintained. FITZJEARL, moved to adopt seconded by STEVENS Ordinance No. 91 -28. Mayor Selby explained the ordinance allowed the City of Larsen Bay to regulate the use of the watershed. The Presiding Officer called for public testimony; seeing and hearing none, the Assembly was reconvened. FITZJEARL, seconded by STEVENS Regular Assembly Meeting November 21, 1991 moved to amend Ordinance No. 91 -28 to include findings -of- fact as presented by the Planning & Zoning Commission. KIBS104545 CITIZENS' COMMENTS Volume %IV Page 301 As part of the motion, the findings - of - fact were read as follows: "1. Will protect and regulate the Larsen Bay municipal water supply to ensure good quality water is maintained; 2. Will prohibit all other land uses not compatible with the maintenance of the municipal watershed; 3.. Will be consistent with the local ordinances developed by the City of Larsen Bay to further protect this community resource; 4. Will not create any non - conforming land uses." VOTE ON MOTION TO AMEND Ayes: Fitzjearl, Gould, Hancock, Milligan, Monroe, Stevens, McFarland Noes: None MOTION CARRIED Unanimous VOTE ON MOTION AS AMENDED Ayes: Gould, Hancock, Milligan, Monroe, Stevens, Fitzjearl, McFarland Noes: None MOTION CARRIED Unanimous B. Ordinance No. 91 -29 Rezoning Lots 1 and 2 of KEA ORDINANCE Subdivision, U.S. Survey 1995 from R- C- -Multi NO. 91 -29 Family Residential to B- -Business (610 Mission and 615 Tagura). Presented for consideration was Ordinance No. 91 -29 which, if adopted, rezoned two lots in KEA Subdivision to be consistent with existing zoning enrrnnnAintt the site. STEVENS, move to adopt seconded by MONROE Ordinance No. 91 -29. Mayor Selby explained this brought the area more in conformity with the land use plan. Regular Assembly Meeting November 21, 1991 KIBS104546 Volume XIV Page 302 The Presiding Officer called seeing and hearing none, the FITZJEARL, seconded by STEVENS As part of the motion, the findings -of -fact were read as follows: "1. Is consistent with the existing zoning surrounding this site; 2. Will facilitate consolidation with surrounding business lots prior to development; 3. Will bring the existing land use closer to conformity and will not create additional non- conforming land uses in the subdivision; 4. Will not generate traffic in excess of the capability of recently improved Tagura Road." VOTE MOTION CARRIED Unanimous voice vote Assemblymember Fitzjearl noted that the Kodiak Electric Association power plant was on this property and surrounded by businesses. VOTE ON MOTION AS AMENDED Ayes: Noes: ON MOTION TO AMEND Regular Assembly Meeting November 21, 1991 for public testimony; Assembly was reconvened. move to amend Ordinance No. 91 -29 to include the findings - of -fact as presented by the Planning & Zoning Commission. Hancock, Milligan, Monroe, Stevens, Fitzjearl, Gould, McFarland None MOTION CARRIED Unanimous C. Ordinance No. 91 -30 Rezoning Lot 1, U.S. Survey ORDINANCE 5695 from PL-- Public Use Lands to R -1 -- Single NO. 91 -30 Family Residential and R- 3- -Multi Family Residential (Generally located between the end of Spruce Cape Road and the end of Woodland Drive). KIBS104547 Volume XIV Page 303 Presented for public hearing was Ordinance No. 91 -30 which, if adopted, rezoned approximately 55 acres of land from PL-- Public Use to R- 1-- Single Family Residential and R- 3- -Multi Family Residential. GOULD, move to adopt seconded by MONROE Ordinance No. 91 -30. Mayor Selby deferred to Linda Freed for comment. Linda Freed. Community Development Director for the Kodiak Island Borough, stated this was a request by the Natives of Kodiak to rezone public use land to residential. Assemblymember Milligan noted the concern over roads and road use and asked for an overview of the issue. Ms. Freed stated that the concern expressed by residents of Woodland Drive and the new Woodland Acres Subdivision centered around a potential increase in traffic. She said there was also concern expressed about the need to upgrade roads and existing property owners bearing the cost of improvements. Responding to questions about density, Ms. Freed explained the overall density of the proposed rezone did not exceed the maximum density allowed under the comprehensive plan designation. Assemblymember Fitzjearl asked who would pay the assessment to upgrade the old roads. Ms. Freed replied that the Assembly determined the boundaries of the assessment district for improvements. Assemblymember Milligan asked Ms. Freed for a overview of wetlands in the area. Ms. Freed answered that staff believed wetlands were in the area. She said a jurisdictional determination by the Corps -of- Engineers would be made soon. The Presiding Officer opened the public hearing. Ginny Shank opposed the rezone because Woodland Drive would not support the traffic the new subdivision ....A She had not realized that the dead end of Woodland Drive was a temporary turn - around to be removed when the street was continued. She said she had made a lifetime commitment to her homesite and lot sizes in the proposed subdivision were not compatible with those on Woodland Drive. Regular Assembly Meeting November 21, 1991 KIBS104548 Volume XIV Page 304 The following people also spoke in opposition to Ordinance No. 91 -30. Jennifer Spencer Janice Cleary Cris Kinter Barry Still Robert Tucker garen Still Dave Ausman supported Ordinance No. 91 -30 because new roads allowed faster access for the fire department, police department and ambulances. pmil Norton, Natives of Kodiak Board Member, spoke in favor of the rezone. He said it enhanced the economy of Kodiak and agreed with Mr. Ausman that access was improved. He stated many hours of preparation went into the rezone request and that many lots in the proposed subdivision were well above minimum size. Discussion ensued between Assemblymembers and Mr. Norton regarding R -3 zoning in the subdivision. Tony Drabek, President of the Natives of Kodiak, called and asked that his letter to the Assembly dated November 8, 1991 be read into the record and offered to answer questions. Ron Monroe opposed the rezone. Nick Boskofskv spoke in favor of the rezone. Emil Norton stated there was other activity beyond Spruce Cape, and the Natives of Kodiak worked in conjunction with the Navy to ensure they were in accordance with water line sizes and access roads. parry Still expressed concern that Woodland Drive would not support construction travel. The Deputy Clerk read into the record a letter from Tonv Drabek, President of the Natives of Kodiak, dated November 8, 1991. The letter stated a substantial investment of time and money was made to prudently plan the development of the property and that efforts were made to create an attractive and marketable subdivision to enhance the neighborhood to be consistent with directions set by the Kodiak Island Borough 1968 Comprehensive Plan. The letter further stated that the density of the planned subdivision was far lower than allowed by Borough Code. Regular Assembly Meeting November 21, 1991 KIBS 104549 Volume XIN Page 305 The Deputy Clerk read into the record a letter from Georae Kirk, a resident of Woodland Drive, dated November 21, 1991, opposing the rezone. The Deputy Clerk read into the record a letter from Pat Jacobson, a resident of Woodland Drive, dated November 21, 1991, opposing the rezone. The Deputy Clerk read into the record a letter from John W. Abbott, attorney representing Jennifer Abbott, dated November 21, 1991, opposing the rezone. Tony Perez, Spruce Cape Road resident, called and proposed accessing the new subdivision through the Kadiak Subdivision. Linda Sharratt, Woodland Drive resident, called and opposed the rezone. She stated she felt the area should be limited to one -acre lots. Presiding Officer McFarland closed the public hearing and reconvened the Assembly. Assemblymember Gould felt that reasonable considerations should be made for the Woodland Drive residents in terms of the impact of the rezone. GOULD, moved to postpone seconded by FITZJEARL decision on Ordinance No. 91 -30 until the December 19, 1991 regular meeting. A decision to conduct a second public hearing on December 19, 1991 was determined after discussion between Assemblymembers. VOTE ON MOTION TO POSTPONE Ayes: Milligan, Stevens, Fitzjearl, Hancock, McFarland Noes: Monroe MOTION CARRIED 6 Ayes, 1 No The Presiding officer ruled that this item for public hearing be placed on the agenda prior to the subdivision appeal. After a five minute recess, the Presiding Officer reconvened the Assembly. Regular Assembly Meeting November 21, 1991 KIBS104550 Volume XIV Page 306 D. Ordinance No. 91 -31 Adopting the Lakeside ORDINANCE Subdivision /Safeway Sub -Area Plan and NO. 91 -31 Incorporating the Plan into the Borough Code (An area generally located between Bartel Avenue and Rezanof Drive East, and Beaver Lake and Mill Bay Road. Presented for consideration was Ordinance No. 91 -31 which, if adopted, adopted and incorporated the Lakeside Subdivision /Safeway Sub -Area Plan into the Borough Code. FITZJEARL, moved to adopt seconded by GOULD Ordinance No. 91 -31. Mayor Selby explained the Assembly requested rezone due to anticipated future activity. He said that on that basis -the Planning & Zoning Commission was instructed to look at it as a sub -area of the overall comprehensive land use plan and set guidelines that made it consistent with the surrounding area. Presiding Officer McFarland opened the public hearing. Wally Johnson, City of Kodiak Mayor, spoke on behalf of the City of Kodiak. He had received a number of calls from people concerned about the municipal airport. He reminded the Assembly that it was determined at the joint City /Borough work session of October 15, 1991 that the City of Kodiak had no intention to abandon the municipal airport and objected to any restrictions on the use. He objected to and suggested that the following wording on page five of the plan be removed: "From a community development and a safety standpoint, the municipal airport is incompatible with the intent of this plan. However, the need for such a community facility is recognized. Therefore, the Kodiak Municipal airport will be tolerated until the adequate replacement facilities are established." Chris Kinter resented language in the plan that implied that a substantial portion of the private and business community of Kodiak would be tolerated at the municipal airport. He stated he spoke on behalf of B trh Da *terann and Pricilla Meaner in voicing objection to the ordinance. KIB510 Regular Assembly Meeting November 21, 1991 Volume XIV Page 307 Tom Merriman agreed with Mayor Johnson and expressed concern that municipal airport leaseholders had not received notification of the public hearing. He thought the municipal airport provided an important service to the community, as demonstrated during the mudslide, and that it was not the intent of the City Council to abandon it. Bill Beaty, Commander of the local Civil Air Patrol, informed the Assembly that the CAP planned to build a hangar at the municipal airport but that endeavor had been postponed because of the wording in the ordinance. He said the state airport was limited because it was below the tidal wave line, the military had priority over it, and it was inaccessible during times of disaster. He felt the municipal airport proved to be a valuable aid for access to the community during times of disaster. Jim Chase remarked that the municipal airport was an intrical part of his business. Don Lawhead supported maintaining the municipal airport. David Ausman called in and expressed concern about wording in the ordinance. He felt use of the land as an airport was more important to the community than use as an industrial area. Mike Moore stated the benefits of using the land for the municipal airport far outweighed any other use of the property. Knox Christie recounted that he personally was medevacked from the municipal airport during the mudslide and felt that closing it was a disservice to the community. Tom Knoke felt the airport was an intrical part of the community and expressed concern that leaseholders were not informed of the public hearing. Al Crattv reiterated previous comments. Bill Beaty added his concern that leaseholders had not received notice of public hearing. The Presiding Officer closed the public hearing and reconvened the regular meeting. Assemblymember Milligan reiterated the importance of the municipal airport to the community during the mudslide. Regular Assembly Meeting November 21, 1991 KIBS 104552 Volume XIV Page 308 Mayor Selby responded to Assemblymember's concerns and reiterated that the ordinance adopted the plan. He suggested the verbiage "tolerated use" be replaced with "permitted use ". He noted the airstrip was not FAA approved. Linda Freed, Community Development Director, reported that the airport was allowed under grandfather use and that industrial district zoning permitted hangars. She said the Planning & Zoning Commission held a public hearing on the plan and received no testimony. The Commission requested that language be put in the plan to indicate that is the appropriate long -range use of the property. FITZJEARL, seconded by STEVENS moved to amend Ordinance No. 91 -31 to remove from page four and five of the plan the sentences: "It is the intent of this plan that over the long- term, this facility will be discontinued and the land will be used for more appropriate business uses. From a community development (e.g. community growth) and safety standpoint, the municipal airport is incompatible with the intent of this plan. However, the need for such a community facility is recognized." and to replace the last sentence in the first paragraph on page five that stated: "Therefore, the Kodiak Municipal Airport (landing strip and Lilly Lake) will be tolerated until nAarn,ata rani t facilities are established." with: KIBS10455 Regular Assembly Meeting Volume XIV November 21, -1991 Page 309 VOTE ON MOTION TO AMEND Ayes: Regular Assembly Meeting November 21, 1991 "The Kodiak Municipal Airport (landing strip and Lilly Lake) will continue to be granted grandfathered used." Monroe, Stevens, Fitzjearl, Gould, Hancock, Milligan, McFarland Noes: None MOTION CARRIED Unanimous VOTE ON MOTION AS AMENDED Ayes: Stevens, Fitzjearl, Gould, Hancock, Milligan, Monroe, McFarland Noes: None MOTION CARRIED Unanimous MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM THE MAYOR Mayor Selby informed the Assembly that a number of communities and the Southeast Municipal Conference had filed suit in court to stop the reapportionment plan. He said the Kodiak Island Borough had gone on record opposing the plan and the governor ignored the request for reconsideration. He noted that he had discussed the issue with the Borough Attorney and had determined that the Kodiak Island Borough could send the request for reconsideration to the Department of Justice or file suit as a friend of the court in brief form. He stated that filing suit as a friend of the court would be less costly and provided a no liability position to the Borough. He explained a third option was to file a lawsuit in court at a cost of $50,000 to $100,000 in legal fees. Mayor Selby said it sounded favorable that $3.7 :714.... ,an„la ha annroved for disbursement to the Borough on the Peterson transfer agreement. He said that generally the collection of taxes had gone well but information on payment of personal property taxes should be publicized. He informed the Assembly that in years past the City had paid the personal property taxes and this year the property KIBS104554 Volume XIV Page 310 owners paid. He noted reimbursement to property owners from the City would be made on taxes paid before December 31, 1991. He received a letter from the Department of Transportation that nullified the reverse transfer of responsibility agreement for the paving of Rezanof Drive. He stated the Borough's payment of $270,000 toward the project would not be paid, and he anticipated an official release on the contract. Mayor Selby explained that additional damage discovered while repairing the Old Harbor School resulted in a $4,900 increase in repair costs. He had attended the OCS policy meeting and through efforts of the Alaska Municipal League, congress had before them an impact assistance bill that distributed OCS dollars back to local communities. He said that historically the shares were distributed to the State. He said the bill also defined how the money would be spent in the local community. OLD BUSINESS 1. Reorganization of the Assembly. Election of Presiding Officer and Deputy Presiding Officer. Nominations for Presiding Officer were opened. MONROE, seconded by FITZJEARL STEVENS, seconded by FITZJEARL VOTE ON MOTION to close nominations was unanimously favorable. VOTE ON MAIN MOTION MOTION CARRIED Unanimous consent Nominations for Deputy Presiding Officer were opened. Regular Assembly Meeting November 21, 1991 moved to nominate Jack McFarland as Presiding Officer of the Assembly. moved that nominations for Presiding Officer be closed. KIBS104555 OLD BUSINESS REORGANIZATION Volume %IV Page 311 GOULD, seconded by FITZJEARL Assemblymember Stevens declined. Nomination of Assemblymembers Monroe and Milligan were proposed and each declined. GOULD, seconded by FITZJEARL VOTE ON MOTION MOTION CARRIED WIN BUSINESS A. BID AWARDS MONROE, seconded by MILLIGAN Regular Assembly Meeting November 21, 1991 moved to nominate Gary Stevens to continue as Deputy Presiding Officer of the Assembly. again moved to nominate Gary Stevens to continue as Deputy Presiding Officer of the Assembly. Unanimous consent 1. Solid Waste Characterization Study. moved to award solid waste characterization study contract to R.W. Beck and Associates with offices in Anchorage, Alaska and Denver, Colorado in an amount not to exceed $17,000. Mayor Selby explained that this study determined the actual content of the solid waste stream at the Borough Landfill to determine expansion of the recycling program. Assemblymember Fitzjearl had a problem with the study because of the potential increase in garbage fees. Mayor Selby said the study provided the Borough staff information to make intelligent decisions about management of the solid waste stream. KIBS104556 NEW BUSINESS BID AWARDS SOLID WASTE CHARACTERIZATION STUDY Volume XIV Page 312 VOTE ON MOTION Ayes: Gould, Hancock, Milligan, Monroe, Stevens, McFarland Noes: Fitzjearl MOTION CARRIED 6 ayes, 1 no 2. Kodiak Island Borough Landfill Fence LANDFILL FENCE Installation. GOULD, . seconded by STEVENS moved to award contract for Kodiak Island Borough landfill fence installation to H & H Supply of Kodiak, Alaska, in an amount not to exceed $14,250. Mayor Selby explained that chain link fencing material had been purchased and this contract was specifically for installation. He said the fence would stop debris blowing from the landfill to the highway and help control access into the landfill. VOTE ON MOTION Ayes: Gould, Hancock, Milligan, Monroe, Stevens, Fitzjearl, McFarland Noes: None MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 91 -57 Confirming the 1991 RESOLUTION Kodiak Island Borough Population. NO. 91 -57 Presented for consideration was Resolution No. 91 -57 which, if adopted, confirmed the 1991 Kodiak Island Borough and its member municipalities population. GOULD, adopt VULU, mvvau L �u adopt seconded by STEVENS Resolution No. 91 -57. Mayor Selby stated that annual population certification was required for the Borough to be eligible for municipal assistance revenue sharing. Regular Assembly Meeting KIBS104557 volume xiv November 21, 1991 Page 313 VOTE ON MOTION Ayes: Noes: None MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 91 -33 Rezoning Lot 1, Subdivision from C -- Conservation to B -- Business. Presented for first reading was Ordinance No. 91 -33 which would rezone Lot 1, Sawmill Subdivision to Business. FITZJEARL, seconded by STEVENS VOTE ON MOTION MOTION CARRIED D. OTHER ITEMS 1. Request to hire D, Range 20.5. GOULD, seconded by STEVENS Mayor Selby said position made it the position. Regular Assembly Meeting November 21, 1991 Hancock, Milligan, Monroe, Stevens, Fitzjearl, Gould, McFarland Sawmill moved to advance Ordinance No. 91 -33 to public hearing on December 5, 1991. Mayor Selby stated the ordinance was prepared at the request of the Assembly. Unanimous voice vote Programmer /Analyst at Step moved to hire Programmer /Analyst at Step D, Range 20.5 and authorize actual moving expenses not to exceed $3,909. that market demands for this type of difficult to find personnel to fill KIBS104558 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 91 -33 OTHER ITEMS PROGRAMMER/ ANALYST Volume XIV Page 314 VOTE ON MOTION Ayes: Milligan, Monroe, Stevens, Gould, Hancock, McFarland Noes: Fitzjearl MOTION CARRIED 6 ayes, 1 no 2. Approval of Execution of Revocable License PETERSON No. DTCG - Regarding Transfer of Peterson ELEMENTARY Elementary School. SCHOOL MONROE, seconded by GOULD VOTE ON MOTION moved to approve execution of Revocable License No. DTCG. Mayor Selby explained that this was the license that gave the Borough permission to use the land where the Peterson Elementary School sits. He said if monies for remodel of the school were not received within 30 days, the Borough could nullify the agreement. The Borough attorney had determined this was a no risk position. Discussion ensued between Mayor Selby and Assemblymembers regarding money necessary to bring the school up to code. At 11:30 p.m., per Borough Code, Presiding Officer McFarland requested a motion to extend the meeting. MILLIGAN, moved to extend the seconded by STEVENS meeting. MOTION CARRIED Unanimous voice vote Mayor Selby stated the government would give the Borough $3.7 million for repairs to Peterson Elementary School. He said the Borough had $500,000 from a bond issue that would be used on the building remodel. If all goes as planned, the Borough would own the building and have a 70 year license to use the property. KIBS104559 Regular Assembly Meeting Volume XIV November 21, 1991 Page 315 VOTE ON MOTION Ayes: Noes: MOTION CARRIED INFORMATIONAL MATERIALS C. OTHER None. Regular Assembly Meeting November 21, 1991 Monroe, Stevens, Fitzjearl, Gould, Hancock, Milligan, McFarland None Unanimous INFORMATIONAL MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Kodiak Island Mental Health Advisory Board Regular Meeting of August 26 and Work Session Notes of September 23, 1991. 2. Kodiak Island Hospital Advisory Board Meeting of October 23, 1991. 3. Monashka Bay Road Service District Meeting of October 24, 1991. 4. Architectural Review Board Meeting of September 18, 1991. 8. REPORTS REPORTS 1. Kodiak Island Borough School District General (School Operating) Fund Revenue Report of September, 1991. 2. Kodiak Island Borough October 1991 Financial Report. CITIZENS' CITIZENS' COMMENTS COMMENTS None. ASSEMBLYMEXEER'B COMMENTS ASSEMBLYMEMBER'S COMMENTS Assemblymembers Milligan and Hancock attended Alaska Municipal League meetings. Assemblymember Monroe encouraged people to apply for boards and commissions positions. Assemblymember Stevens attended AML where he took part in sessions on parliamentary procedures. KIBS 104560 OTHER Volume XIV Page 316 Assemblymember Fitzjearl explained her opposing vote on hiring the programmer /analyst was because she believed in local hire. Presiding Officer McFarland reaffirmed with the Deputy Clerk that public hearing notices for the December 21, 1991 meeting would be mailed. He requested the reapportionment lawsuit be discussed at the next work session. Presiding Officer McFarland announced that the Assembly work session on November 26th had been canceled. He announced the Assembly would meet in work session on December 3rd at 7:30 p.m. in the Borough conference room and regular meeting on December 5th at 7:30 p.m. in the Assembly Chambers. There being no further business to come before the Assembly, the meeting adjourned at 11:48 p.m. ATTEST: 1 //724 La : Donna F. Smith Borough Clerk Regular Assembly Meeting November 21, 1991 Jac rairlaighasisile d Presiding er KIBS104561 L Volume XIV Page 317