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1999-08-19 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held August 19, 1999 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 Scott Samson of the Church of the Nazarene, followed by the Pledge of Allegiance. There were present: ROLL CALL Presiding Officer: Wayne Stevens Assemblymembers: Tom Abell Scott Arndt Tuck Bonney Absent: Robin Heinrichs Mayor Gary Stevens comprising a quorum of the Assembly; and Linda Freed, Interim Manager Judi Nielsen, CMC, Borough Clerk Patti Kirkpatrick, Deputy Clerk Assemblymember Heinrichs was out of town and asked to be excused. BRANSON, seconded by ARNDT VOTE ON MOTION TO EXCUSE MOTION CARRIED APPROVAL OF AGENDA ABELL, moved to approve the seconded by BRANSON agenda. Regular Assembly Meeting August 19, 1999 KODIAK ISLAND BOROUGH Regular Assembly Meeting August 19, 1999 Pat Branson Greg Spalinger moved to excuse Assemblymember Robin Heinrichs. Unanimous voice vote REGULAR MEETING APPROVAL OF AGENDA Volume XXV Page 181 VOTE ON MOTION TO APPROVE MOTION CARRIED CITIZENS' COMMENTS Unanimous voice vote A. Agenda Items Not Scheduled For Public Hearing and General Comments. Mike Sirofchuck was concerned that the Air force would close the Buskin River campground on August 20 to unload a type 1 rocket motor. He felt that closing the park would create a security problem and the community would not be protected from a spill. He questioned the lack of notification to the public. He said the rocket motor was different than the communication satellites that were promised. He urged the Assembly to represent the community and question the lack of adequate notification. Manager Freed said the matter was brought to her attention that morning. She met with state troopers and three fire chiefs to express concern about the rocket motor and the lack of notification. Assemblymember Bonney hoped that information on the transportation of the rocket motor would be made available to the community. He hoped that in the future the Alaska Aerospace Development Corporation (AADC) would adequately notify the public. Mike Milligan phoned to express appreciation to Clerk Nielsen for working on the manager applications and the two petitions for KATS which increased her normal work load. John Pfeifer, AADC site manager, said that due to safety concerns it was necessary to close the area around the airport that included the Buskin River campground. He was surprised, that the Air force did not give adequate notice. He said the Air force had two choices: 1) modify their procedure for Friday, August 20; or 2)postpone their mission; and the Air force had until Friday morning to make a decision. He was confident the Air force would modify their procedures prior to Friday's mission. It was his responsibility to ensure that all AADC customers followed proper procedures and more control would be exercised in the future. Regular Assembly Meeting August 19, 1999 CITIZENS' COMMENTS Volume XXV Page 182 In response to Assemblymember Bonney, Mr. Pfeifer said the Air force would not be allowed to close the Pasagshak area. In response to Assemblymember Stevens, Mr. Pfeifer said the cargo was similar to the first launch in November, 1998. He said this rocket was a Class 1.1 explosive and requires a larger protection area than the previous one. He assured the Assembly the Air force was experienced in shipping these types of rockets. Assemblymember Branson hoped AADC would provide proper public notice so that barriers would not be created between AADC and the community. Mr. Pfeifer said AADC was compiling a list of requirements to use the facility. He assured the Assembly and the community that if a user did not comply with requirements, they would not be allowed to use the facility. COMMITTEE REPORTS COMMITTEE REPORTS None. PUBLIC HEARING PUBLIC HEARING 1. Ordinance No. 99 -05 Amending Title 17 Zoning of ORDINANCE the Kodiak Island Borough Code of Ordinances by NO. 99 -05 Amending Section 17.02.030 Comprehensive Plan to Incorporate the Pasagshak /Narrow Cape Area Plan (June 1999). BONNEY, moved to adopt Ordinance seconded by ARNDT No. 99 -05. Presiding Officer Stevens recessed the regular meeting and convened the public hearing. Mike Sirofchuck urged the Assembly to adopt the Plan. He noted many people from the community and the Planning and Zoning Commission worked diligently on the Plan. He felt the Plan could be viewed as an area for recreation of the community and tourists. He noted it was possible Pasagshak Point would become part of the state park lands in the future. Darlene Turner, Planning and Zoning Commission chair, urged the Assembly to adopt the Plan. She said it Regular Assembly Meeting August 19, 1999 Volume XXV Page 183 was a gratifying experience to work on the Plan and was proud of their work. John Pfeiffer spoke in support and urged the Assembly to adopt the Plan. Mike Milligan phoned in support of the Plan. Seeing and hearing no further public comments, Presiding Officer Stevens reconvened the regular meeting. ARNDT, seconded by ABELL Assemblymember Arndt said the Assembly wanted to meet in a work session to review the Plan in detail. Assemblymember Branson pointed out that the Assembly wanted to ensure they understood the consequences of adopting the Plan. VOTE ON MOTION TO POSTPONE Ayes: moved to postpone Ordinance No. 99 -05 to September 2, 1999. Abell, Arndt, Bonney, Branson, Spalinger, Stevens Noes: None Absent: Heinrichs MOTION CARRIED Unanimous voice vote MESSAGES FROM THE INTERIM MANAGER None. MESSAGES FROM THE BOROUGH MAYOR None. OLD BUSINESS None. Regular Assembly Meeting August 19, 1999 MESSAGES FROM INTERIM MANAGER MESSAGES FROM THE MAYOR OLD BUSINESS Volume XXV Page 184 NEW BUSINESS NEW BUSINESS A. BOARD OF ADJUSTMENT 1. An Appeal of the Planning and Zoning Commission's Decision on Case No. 99 -005 Request for a Conditional Use Permit According to K.I.B.C. 17.16.040.A, to Permit a Temporary Fireworks Stand on Lots 18 and 19, Woodland Acres Subdivision, lst Addition. 3746 and 3788 Sunset Drive. (Applicant: Eugene Erwin; Agent: Les Seaton /Les & Dan's Fireworks; Appellant: Les Seaton /Les & Dan's Fireworks) Presiding Officer Stevens recessed the regular meeting and convened the Board of Adjustment. Manager Freed said a conditional use permit (CUP) was required to sell fireworks. She noted that historically the stand was located on the property; however, the Commission denied the CUP due to the proximity to the city limits and residential neighborhoods. She read the findings adopted by the Planning and Zoning Commission supporting their decision to deny the CUP. Les Seaton, appellant, spoke briefly on the history of the stand. He urged the Assembly to overturn the decision of the Commission. Kathy Simpler opposed the appeal. She read her letter that was submitted to the Commission expressing her concerns. ARNDT, seconded by BONNEY Regular Assembly Meeting August 19, 1999 moved to grant the appeal overturning the Planning and Zoning Commission's Decision on Case No. 99- 005 Request for a Conditional Use Permit According to K.I.B.C. 17.16.040.A, to Permit a Temporary Fireworks Stand on Lots 18 and 19, Woodland Acres Subdivision, lst Addition. 3746 and 3788 Sunset Drive. BOARD OF ADJUSTMENT Volume XXV Page 185 Assemblymember Arndt favored overturning the appeal as a fireworks stand had been located there for many years. He suggested a one year conditional use permit be granted due to possible annexation. Assemblymember Bonney appreciated Ms. Simpler's concern; however, he favored granting the appeal and scheduling quiet hours. Manager Freed said the Assembly could grant the appeal and modify the findings -of -fact to include scheduled hours of operation. Assemblymember Abell favored granting the appeal for one year. He noted that future CUP requests could be denied due to increasing growth in the area. Assemblymember Arndt concurred with Assemblymember Abell. Assemblymember Branson favored a one year CUP with scheduled hours of operation. In response to Assemblymember Branson, Les Seaton said he had two firework stands, one in Bells Flats and one on Rezanof. He noted that the day of and preceding the fourth of July were his busiest days and asked for later hours of operation on those two days. VOTE ON MOTION TO GRANT Ayes: Arndt, Bonney, Branson, Spalinger, Stevens, Abell Noes: None Absent: Heinrichs MOTION CARRIED Unanimous voice vote ARNDT, moved to adopt the seconded by BONNEY findings -of- facts. After discussion it was decided that hours of operation would be from Noon to 10:00 p.m. except for the day of and preceding the fourth of July when the stand would stay open until midnight would be included in the findings -of -fact. Regular Assembly Meeting August 19, 1999 Volume XXV Page 186 Assemblymember Bonney suggested posting a sign stating the hours of operation. Assemblymember Arndt read the findings -of -fact as follows: 17.67.05.A. That the conditional use will preserve the value, spirits, character and integrity of the surrounding area. This temporary conditional use permit will preserve the value, spirit, character and integrity of the surrounding area not only because it is seasonal in nature (less than 2 months per year), but also because the lots designated are separated from other developed property by road rights -of -way, distance, and wooded areas. Adequate off - street parking is available, and previous fireworks sales at this location have not generated any complaints form surrounding property owners. 17.67.05.B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The temporary fireworks sales stand fulfills all other requirements of the RR -Rural Residential One zoning district. In addition, the applicant must obtain a permit to sell fireworks form the office of the State Fire Marshall. 17.67.05.C. That the conditional use permit will not be harmful to the public safety, convenience and comfort. Measures are taken through the conditions of approval prohibiting smoking and discharge of fireworks on site, litter clean -up incentives, trash receptacles in site, and a State permit for sales of fireworks to protect public health, safety, convenience and comfort. Departmental files indicate that previous fireworks sales on this site, controlled by conditions of approval, have not resulted in complaints or safety violations. In his narrative, the applicant outlined a litter return incentive program, implementation of which is recommended as a condition of approval. This should help reduce potential negative off -site impacts related to litter. Regular Assembly Meeting August 19, 1999 Volume XXV Page 187 17.67.05.D. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. Additional buffers or other safeguards are not necessary in this case because of the location of the fireworks sales stand, which in previous years has proved to be adequately separated from nearby residences. Vegetation and trees on the vacant lots also serve to buffer potential impacts. VOTE ON MOTION TO ADOPT FINDINGS -OF -FACTS Ayes: Bonney, Spalinger, Stevens, Abell, Arndt Noes: Branson Absent: Heinrichs MOTION CARRIED 5 Ayes, 1 No Mayor Stevens adjourned the Board of Adjustment and reconvened the regular meeting at 8:50 p.m. B. CONTRACTS CONTRACTS 1. Contract No. 99 -33 Thresholds Recycling CONTRACT Request for Fiscal Year 2000 Funds. NO. 99 -33 ABELL, seconded by ARNDT Regular Assembly Meeting August 19, 1999 moved to approve Contract No. 99 -33 to continue funding to Thresholds Services, Inc. of Kodiak in an amount not to exceed $60,000 for Fiscal Year 2000. Manager Freed provided a brief background and said the funds were part of waste management. Assemblymember Abell hoped that recycling efforts would increase to keep Kodiak clean. Assemblymember Bonney was unable to tour the recycling center prior to the meeting; however, he urged the Assembly to meet to discuss recycling goals and objectives. Volume XXV Page 188 Assemblymember Branson favored community recycling education. She noted that in the last two months Thresholds Services were prompt and the facility was clean. Assemblymembers Arndt and Spalinger felt it was time to reassess the future of recycling in Kodiak. VOTE ON MOTION TO APPROVE Ayes: Noes: None Absent: Heinrichs MOTION CARRIED Unanimous voice vote 2. Contract No. 99 -34 Drywall Patching in the Old Hospital Boiler Room. BONNEY, seconded by BRANSON Manager Freed noted there were holes in the old hospital boiler room that were left exposed from the new hospital construction. VOTE ON MOTION TO AWARD Ayes: Noes: None Absent: Heinrichs MOTION CARRIED Unanimous voice vote 3. Contract No. 99 -35 to Remove and Replace the Concrete Ramp at Kodiak Island Middle School. Regular Assembly Meeting August 19, 1999 Spalinger, Stevens, Abell, Arndt, Bonney, Branson. moved to award Contract No. 99 -34 to Kodiak Painting Contractors in an amount not to exceed $6,300. Stevens, Abell, Arndt, Bonney, Branson, Spalinger. CONTRACT NO. 99 -34 CONTRACT NO. 99 -35 Volume XXV Page 189 ARNDT, seconded by BRANSON Manager Freed said that repairing the concrete ramp at the middle school would meet the requirements of American's with Disabilities Act(ADA). VOTE ON MOTION TO AWARD Ayes: Noes: None Absent: Heinrichs MOTION CARRIED Unanimous voice vote C. RESOLUTIONS 1. Resolution No. 99 -18 Supporting the Cook Inlet Regional Citizens Advisory Council's (CIRCAC) Endeavors to Encourage Those With the Ultimate Authority and Responsibility to Ensure that "Prevention" of Oil Spills in Cook Inlet Become One of Their Highest Priorities. BONNEY, moved to adopt Resolution seconded by ARNDT No. 99 -18. Manager Freed noted an oil spill in Cook Inlet could be devastating to Kodiak and other communities down stream from Cook Inlet. VOTE ON MOTION TO ADOPT Ayes: Arndt, Bonney, Branson, Spalinger, Stevens, Abell Noes: None Absent: Heinrichs MOTION CARRIED Unanimous voice vote Regular Assembly Meeting August 19, 1999 moved to award Contract No. 99 -35 to Belarde Brothers Concrete of Anchorage in an amount not to exceed $18,500. Abell, Arndt, Bonney, Branson, Spalinger, Stevens RESOLLUTIONS RESOLUTION NO. 99 -18 Volume XXV Page 190 D. ORDINANCES FOR INTRODUCTION None. E. OTHER ITEMS None. INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS B. 1. Kodiak Island Borough School District Board of Education Regular Meeting of July 19, 1999. 2. Providence Kodiak Island Mental Health Center Advisory Board Meeting of June 14 and July 26, 1999. REPORTS 1. C. OTHER None. CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Branson encouraged the community to get involved in local government. She said the deadline to file nominating petitions for elected office was August 27. She felt it was important to have a broad representation from the community. There being no further business to come b Assembly, the meeting adj•. at ':05 p.m. i ti M. y or ATTEST: J ith A. Nie rough Clerk Providence Kodiak Island Mental Health Center Fiscal Year 1999 Fourth Quarter Narrative Report. Regular Assembly Meeting August 19, 1999 ens, Approved: 09/28/99 re the ORDINANCES FOR INTRODUCTION OTHER ITEMS INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS ADJOURNMENT Volume XXV Page 191