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1991-12-05 Regular MeetingThere were present: Jack McFarland, Betty Fitzjearl Suzanne Hancock Mary Monroe APPROVAL OP AGENDA STEVENS, seconded by GOULD VOTE ON MOTION MOTION CARRIED APPROVAL OP MINUTES None. None. Regular Assembly Meeting December 5, 1991 : KODIAK ISLAND BOROUGH Regular Assembly Meeting December 5, 1991 A regular meeting of the Kodiak Island Borough Assembly was held December 5, 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 Reverend Bob Wick of the Kodiak Bible Chapel, followed by the Pledge of Allegiance. Presiding Gordon Gould Mike Milligan Gary Stevens comprising a quorum of the Assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Judi Nielsen, Deputy Clerk Jane Edmonds, Records Coordinator moved to approve agenda as submitted. Unanimous voice vote AWARDS AND PRESENTATIONS A. Employee of the Month Mayor Jerome Selby presented the Employee of the Month award to Anna Holmes, cashier in the Finance Department. CITIZEN CONVENTS A. Agenda Items Not Scheduled For Public Hearing KIBS104562 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES AWARDS AND PRESENTATIONS EMPLOYEE OF THE MONTH CITIZEN COMMENTS Volume XIV Page 318 B. Items Other Than Those Appearing on the Agenda None. COMMITTEE COMMITTEE REPORTS 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 -32 Rezoning U.S. Survey 3630 ORDINANCE from C -- Conservation to RR -1- -Rural Residential NO. 91-32 One (on Woody Island). Presented for consideration was Ordinance No. 91 -32 which, if adopted, rezoned approximately 8.4 acres of land on Woody Island from C-- Conservation to RR -1- -Rural Residential One. STEVENS, moved to adopt seconded by GOULD Ordinance No. 91 -32. Presiding Officer McFarland called for public testimony. Michael Brechan spoke on behalf of Fred and Ruth Brechan who were disturbed that the Planning & Zoning Commission had not approved their request for rezone. Rov Madsen, Woody Island property owner, protested the rezone. He observed that the comprehensive plan was established only after each phase of the plan was carefully and thoughtfully reviewed because it impacted the way property owners could use their property. He said courts, including the United States Supreme Court, upheld the rights of communities to adopt zoning regulations. He read a decision from a court case in Oregon as follows: "The rights of residential property owners to rely on the protection of the comprehensive plan can not be bargained away without a showing that there had been sufficient changes in character of a neighborhood ". Baptist t Ch - L of the U nited Evan Jones, American sap�.La� MU4L Vll6a VL the United States representative, informed the Assembly that the church owned approximately 600 acres of land on Woody Island. He felt that added density of population devalued the recreational potential of the Island and denied the rights of current property owners. He urged the Assembly to deny the request for rezone. Regular assembly Meeting December 5, 1991 KIBS104563 Volume XIV Page 319 The Presiding Officer closed the public hearing and reconvened the Assembly. Assemblymember Gould expressed concern that spot zoning was not compatible with the overall plan for Woody Island. Discussion ensued between Linda Freed, Community Development Department Director, and the Assembly regarding the thirty year Comprehensive Plan for Woody Island. She directed attention to the fact that Woody Island was zoned conservation in 1977 because it was in the Borough's jurisdiction and not in response to a plan. VOTE ON MOTION Ayes: Fitzjearl, Hancock, Monroe, McFarland Noes: Gould, Milligan, Stevens MOTION CARRIED 4 Ayes, 3 Noes B. Ordinance No. 91 -33 Rezoning Lot 1, Sawmill ORDINANCE Subdivision from C-- Conservation to B-- Business. NO. 91 -33 Presented for consideration was Ordinance No. 91 -33 which, if adopted, rezoned Lot 1, Sawmill Subdivision from C -- Conservation to B-- Business. MONROE, moved to adopt seconded by FITZJEARL Ordinance No. 91 -33. Mayor Selby conveyed that the findings -of -fact in support of the Planning & Zoning Commission's denial of the rezone had died for lack of a second. The Presiding Officer opened the public hearing. Donald Pox, property owner, spoke in opposition to Ordinance No. 91 -33. He expressed concern about ground water safety with a commercial development. He felt a commercial development of up to 15 acres was not in the Comprehensive Plan and the Assembly should follow the wishes of the residents. Arnie Shrvock, Department of Environmental Conservation engineer, addressed the issue of potential risk from waste water derived from a commercial development. He informed the Assembly that a permit from DEC was necessary for non - domestic waste water systems but not for single - family or Regular Assembly Meeting December S, 1991 KIBS104564 Volume XIV Page 320 duplex residential systems. He recognized that there were a number of ways to improve the workability of waste water systems in the area. Greg Razo, property owner, opposed adoption of Ordinance No. 91 -33. He was not clear about what was exactly planned for the property and urged the Assembly to uphold the Planning & Zoning Commission's denial of the request to rezone. D. Todd Littlefield opposed adoption of Ordinance No. 91 -33. He said there was a need for pot storage but that other land was available that was not near residential property. Tracy Ackers, resident of Ridge Circle, agreed that the rezone did not meet with the key intent of the Comprehensive Plan. She said the buffer zone was not sufficient to stop viewing or hearing activity at the sawmill. Eric Blankenburq felt changing the conservation zoning to business was premature and did not follow the directives of the Comprehensive Plan. He said business zoning would allow buildings with flammable or hazardous chemicals, and Bayside Fire Department would be unable to suppress a sustained fire of chemical origin. He felt a change in zoning should be allowed only when there was a change in the character of a neighborhood or by public demand. Doug Pengillv opposed Ordinance No. 91 -33. Cathy Cordry opposed the rezone because it was premature and in direct conflict with the comprehensive plan. She mentioned the moratorium on new sewer hook -ups and expressed concern that it was unclear what type of development was planned for the property. Dave Sundberq opposed adoption of Ordinance No. 91 -33 and protested warehousing projects entirely. Tom Martin called in to support the rezone because there was a need for warehouses. Georae Rieth, Clarion Company partner, felt the rezone was in accordance with the guidelines of the 1985 Monashka Bay Comprehensive Plan and did not conflict with the residential area. He said permits were required and that DEC would supervise installation of a waste water system in a business zoning. Regular Assembly Meeting December 5, 1991 KIBS104566 Volume XIV Page 321 Dan Oaq urged the Assembly to follow the Planning & Zoning Commission's recommendation and reject the rezone request. Jav Johnston, Clarion Company partner, reiterated the statements of George Rieth. Len Grothe favored the rezone. The Deputy Clerk read a letter from Robert D. Scott opposing the rezone. The Presiding Officer closed the public hearing and reconvened the Assembly. After responding to questions about the Comprehensive Plan and conservation district zoning, Linda Freed, Community Development Department Director, pointed out that conservation was a blanket zoning applied to all areas not previously zoned. She stated the goal of the Comprehensive Plan was to be a document that provided guidelines for the community. Presiding Officer McFarland asked for clarification from the Borough Attorney. Joel Bolaer, Borough Attorney, recommended remanding Ordinance No. 91 -33 back to the Planning & Zoning Commission for a decision on findings -of -fact. FITZJEARL, moved to refer seconded by MILLIGAN Ordinance No. 91 -33 back to the Planning & Zoning Commission requesting a business district zoning that meets the Monashka Bay Comprehensive Plan. MOTION WITHDRAWN Concurrence of Second The Presiding Officer ruled, with unanimous consent of the Assembly, to refer Ordinance No. 91 -33 back to the Planning and Zoning Commission for deliberation and findings -of -fact. After a ten minute recess, The Presiding Officer reconvened the Assembly. In order to make a motion, Presiding Officer McFarland passed the gavel to Deputy Presiding Officer Stevens. Regular Assembly Meeting December 5, 1991 KIBS104565 Volume XIV Page 322 MCFARLAND, seconded by GOULD Deputy Presiding Officer Stevens returned the gavel to Presiding Officer McFarland. An appeal by Fred Brechan of the Planning & Zoning Commission's denial of a request for preliminary approval of the subdivision of U.S. Survey 3630, creating lots 1 through 5, U.S. Survey 3630, located on Woody Island (Appellant: Fred Brechan). Since Ordinance No. 91 -33 to rezone the property had been remanded back to the Planning & Zoning Commission, Assemblymembers questioned whether the Board of Adjustment was in order. Joel Bolger, Borough Attorney, offered that the propriety of the subdivision was conditional on the rezone and recommended a motion to postpone the Board of Adjustment hearing to the next regular meeting. MONROE, seconded by MCFARLAND VOTE ON MOTION Ayes: Noes: None MOTION CARRIED Unanimous Regular Assembly Hooting December 5, 1991 moved to reconsider vote on Ordinance No. 91 -32 at the next regular meeting. BOARD OF BOARD O! ADJUSTMENT ADJUSTMENT moved to postpone Board of Adjustment to December 19, 1991 regular meeting. Hancock, Milligan, Monroe, McFarland, Fitzjearl, Gould, Stevens, MESSAGES FROM MESSAGES PROM THE BOROUGH MAYOR THE MAYOR Mayor Selby attended IFQ hearings and stated it was a critical issue for our community. He reported that the University of Alaska's Institute of Social and Economic Research (ISER) branch had completed an analysis of the facilities in the state and it clearly indicated that the hospital in Kodiak should be the first to be replaced. He said the KIBS104567 Volume XIV Page 323 study indicated Kodiak had the highest utilization rate and the lowest per patient day cost. He informed the Assembly that congress had approved the one million dollar lease of a city -owned building on Near Island to house the NOAA facility. He said testing on large multiple -use oil tanks was completed, and the tanks passed the leak -proof test. He announced the International Crab Rehabilitation Enhancement symposium presented by the University of Alaska and the Alaska Department of Fish and Game was scheduled for January in Kodiak. Mayor Selby encouraged the public to view the Daughters of the American Revolution display in the high school auditorium. NEW BUSINESS A. BID AWARDS 1. Port Lions School Dormers Project. GOULO, moved to reject all seconded by STEVENS bids on the Port Lions School Dormers Project and re- advertise in the spring. Mayor Selby informed the Assembly that all bids were rejected because they exceeded the amount budgeted for repairs. VOTE ON MOTION MOTION CARRIED Unanimous voice vote 2. East Elementary School Lighting Project. MONROE, moved to award contract seconded by FITZJEARL for East Elementary School Lighting Project to Fred Ducolon, dba Standard Mechanical, Inc. of Kodiak, Alaska in an amount not to exceed $18,000. Mayor Selby explained the contract was for lighting around the East Elementary School building and near the play ground. Regular Assembly Meeting KJBS104568 December 5, 1991 NEW BUSINESS BID AWARDS PORT LIONS SCHOOL EAST ELEMENTARY SCHOOL Volume XIV Page 324 VOTE ON MOTION MOTION CARRIED Unanimous voice vote 3. Kodiak Island Hospital Hot Water System Renovations Project. HOSPITAL STEVENS, seconded by MONROE moved to reject all bids and authorize staff to amend bid specifications and go out for re -bid. Mayor Selby stated the bid was originally sent out with inaccurate specifications on tank size. VOTE ON MOTION MOTION CARRIED Unanimous voice vote B. RESOLUTIONS None. C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS None. INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Planning & Zoning CoMmission meeting of October 16, 1991. 2. Kodiak Island Borough School District meeting of October 28, 1991. 3. Kodiak City Council meeting of October 24, 1991. None. Regular Assembly Meeting December 5, 1991 KIBS1045 KODIAK ISLAND RESOLUTIONS ORDINANCES FOR INTRODUCTION OTHER ITEM. INFORMATIONAL MATERIALS B. REPORTS REPORTS 1. Kodiak Island Borough School District General (School Operating) Fund Revenue Report of 0ctobei, 1991. C. OTHER OTHER Volume XIV Page 325 CITIZEN COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Milligan read that the Alaska Journal of Commerce indicated oil production was on the rise. Assemblymember Gould asked for new zoning district regulations definitions. STEVENS, moved to extend seconded by GOULD regular meeting to midnight. VOTE ON MOTION MOTION CARRIED Unanimous GOULD, moved to recess into seconded by STEVENS Executive Session for purposes of discussing litigation and personnel matters that do not relate to any specific individual and out of which there is no anticipated action. VOTE ON MOTION Ayes: Noes: STEVENS, seconded by MONROE VOTE ON MOTION MOTION CARRIED Regular Assembly Meeting December 5, 1991 Milligan, Monroe, Stevens, Fitzjearl, Gould, Hancock, McFarland None MOTION CARRIED Unanimous The Presiding Officer recessed the regular meeting and convened the Executive Session. The Presiding Officer reconvened the regular meeting. moved to extend meeting by ten minutes to no later that 12:1 -.Th. Unanimous KIBS104570 CITIZEN COMMENTS ASSEMBLYMEMBER COMMENTS Volume XIV Page 326 STEVENS, seconded by GOULD VOTE ON MOTION Ayes: moved that the Borough appeal to the State Supreme Court the decision of Judge Hunt in the case of Kodiak Island Borough vs. The State of Alaska. Monroe, Stevens, Fitzjearl, Gould, McFarland Noes: Hancock, Milligan MOTION CARRIED 5 Ayes, 2 Noes The Presiding Officer announced the Assembly will meet in work session on December 10th at 6:00 p.m. and December 12th at 7:30 p.m. in the Borough conference room and regular meeting on December 19th at 7:30 p.m. in the Assembly Chambers. There being no further business to come before the ADJOURNMENT Assembly, the meeting adjourned at 12:17 p.m. ATTEST: Don Sm th Borough Clerk Regular Assembly Meeting December 5, 1991 L. Mme rd iding • cer KIBS104571 Volume XIV Page 327