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1985-12-15 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held December 5, 1985, in the Assembly Chambers of the Kodiak Island Borough Building at 6:30 p.m. The meeting was called to order at 6:35 p.m. (A verbatim record is on file in the Clerk's office) There were present: Absent: Donnell Rounsaville (excused) comprising a quorum of the assembly; also APPROVAL OF AGENDA BLANKENBURG, seconded by BARKER Lorne White, Presiding Alan Austerman Ann Barker Eric Blankenburg Ken Gregg Edward Naughton Jerome Selby, Borough Mayor Linda Freed, Community Development Director Gaye Vaughan, Borough Clerk Shirley Berns, Deputy Borough Clerk NO OBJECTION, SO ORDERED GREGG, seconded by AUSTERMAN NO OBJECTION, SO ORDERED MINUTES OF PREVIOUS MEETINGS A. B. C. A. B. C. K.I.B. Assembly K.I.B. Assembly K.I.B. Assembly BLANKENBURG, seconded by BARKER NO OBJECTION, SO ORDERED COMMUNICATIONS S APPEARANCES A. Boards and Commissions B. FY85 Annual Audit KODIAK ISLAND BOROUGH Regular Assembly Meeting December 5, 1985 - Reg - October 3, - Spec - October 11, - Reg - November 7, BLANKENBURG, seconded by BARKER NO OBJECTION, SO ORDERED APPROVAL OF MINUTES OF OTHER MEETINGS Women's Bay Service District - K.I.B. Mental Health Advisory K.I.B. School District - Reg K.I.B. School District - Spec K.I.B. School District - Spec moved to approve the agenda as presented. moved to delete Mayor's Comments from the agenda. 1985 1985 1985 moved to approve minutes from the previous meetings. Reg - October 10, 1985 Board - Reg - Sep 23, 1985 - October 28, 1985 - November 2, 1985 - November 18, 1985 moved to acknowledge receipt of items A through C. KIBS146580 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES COMMUNICATIONS & APPEARANCES FY85 AUDIT Kodiak Island Borough Regular Assembly Meeting GREGG, seconded by BARKER of audit. NO OBJECTION, SO ORDERED C. Kodiak Island Hospital Budget BARKER, seconded by GREGG NO OBJECTION, SO ORDERED D. Kodiak Island Borough Assembly 1986 Meeting Dates BLANKENBURG, seconded by BARKER NO OBJECTION, SO ORDERED E. State of Alaska DNR /KIB Management Agreement for Shuyak Island. AUSTERMAN, seconded by BLANKENBURG NO OBJECTION, SO ORDERED GREGG, by AUSTERMAN BARKER, seconded by BLANKENBURG MOTION TO AMEND WITHDRAWN VOTE ON MOTION TO APPROVE Ayes: Noes: MOTION FAILED G. November 1985 Financial Report BLANKENBURG, seconded by BARKER NO OBJECTION, SO ORDERED 2 December 5, 1985 moved to acknowledge receipt COMM & APPEAR moved to acknowledge receipt of hospital budget. moved to adopt the 1986 assembly meeting dates. moved to authorize the Mayor to enter into negotiations with the State of Alaska DNR for an agreement for Shuyak Island. F. 1986 Liquor License Renewals and Application for New Restau- LIQUOR LICENCE rant Designation Permit. RENEWALS moved to approve the seconded restaurant designation permit for the Kodiak Buskin River Inn. moved to amend to remove the part in the application that states persons 16 years old or younger may dine unaccompanied. Following an assembly discussion, Mr. Gregg, with the concurrence of his second, clarified his motion as follows: "moved to voice non objection to the restaurant designation permit for the Kodiak Buskin River Inn." Gregg Austerman, Barker, Blankenburg, Naughton, White 1 Aye, 5 Noes Since no motion was made, the 1986 Liquor License Renewals for Kalsin Inn and Beachcombers were approved without objection. moved to accept November, 1985 Financial Report. KIBS 146581 (continued) HOSPITAL BUDGET 1986 MEETING DATES SHUYAK ISLAND AGREEMENT NOVEMBER 1985 FINANCIAL REPORT Kodiak Island Borough December 5, 1985 Regular Assembly Meeting The presiding officer recessed the assembly and convened the body BOARD OF as the Board of Adjustment. ADJUSTMENT/ BRUSH APPEAL • • • BOARD OW ADJ08'1'lOWIf • • • An Appeal by Rick Brush of the Planning and Zoning Commission decision to deny Preliminary Subdivision of Lot 3, Block 7, Wood- land Acres Subdivision, Fifth Addition, to Lots 3A, and 38. Resolution No. 85- 112 -R. Linda Freed, Director of the Community Development Department, stated that the P & Z Commission on September 18, 1985 denied the preliminary subdivision and gave the following reasons for their action: 1. The lot is fairly small to be subdivided to the minimum lot sizes, given the size of the other lots in the subdivision and the potential for duplex development of each lot, in relation to the subdivision as a whole. 2. The original subdivision, Woodland Acres Subdivision Fifth Addition, broke the land up into the smallest desirable lots for this development. Rick Brush, appellant, presented his case to the assembly. He stated the letter which he wrote summarizing his position in the appeal was a matter of record but he wished to review the high points. The subdivision that he proposed to the P s Z Commission was one he understood to be in full compliance of current codes. He proceeded to invest the funds in surveying, application, etc. for the subdivision. He was disappointed by the P & Z Commis- sion's objections to the subdivision and the resulting two to two tied vote creating a deadlock where the subdivider loses and must resort to the appeal level. He said that he has done additional research relating to subdivisions and cannot see why his subdivi- sion is not in compliance. All the relevant code requirements are cited in his letter, he stated. He also referred to the Borough Engineer's objections to the subdivision in this letter and felt these objections were extremely influential to two mem- bers of the Commission. He felt that he had to respond to every point raised and said none of the points raised expanded on the requirements of the code. He said the Borough Engineer reads the code differently than he does and makes reference to strict in- terpretation of the code. He felt that the code did not state that radial lines must be strictly applied. He felt that a bet- ter lot layout resulted with a non radial line. He felt the denial of the subdivision was not grounded in the Borough Code. The one code not cited in the Borough Engineer's second memo states that a subdivider shall consult with the appropriate Bor- ough officials to make decisions about desirable lot size, etc, etc.. He said he was not put on notice that he should design his subdivision any differently than he did. He asked that the as- sembly put his subdivision in the proper perspective. He said he had a big stake in the Woodland Acres Subdivision area and would be hunting himself if he degraded the desirability of the area. BARKER, seconded by NAUGHTON BARKER, seconded by BLANKENBURG VOTE ON MOTION TO AMEND NO OBJECTION, SO ORDERED moved to adopt Resolution No. 85 -112 -R reversing the decision of the P & Z Commission. moved to amend Resolution No. 85 -112 -R to include a note stating "Streams and natural drainage courses shall not be blocked or impeded" in the final plat. KIBS146582 Kodiak Island Borough December 5, 1985 Regular Assembly Meeting VOTE ON NOTION TO ADOPT BOARD OF ADJUSTMENT Ayes: Barker, Blankenburg, Gregg, (continued) Naughton, Austerman, White Noes: None MOTION CARRIED Unanimous The presiding officer adjourned the Board of Adjustment and re- convened the assembly. PUBLIC BBARIIIIS PUBLIC HEARINGS A. Ordinance 85 -31 -0 Amending Kodiak Island Borough Code Sec- ORDINANCE tions 2.16.130, 2.28.020, 4.40.090, 8.08.050. No. 85 -31 -0 BLANKENBURG, moved to adopt Ordinance seconded by NAUGHTON 85 -31 -0. The presiding officer called for public hearing; there being none, the public hearing was closed. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED OLD BUSINESS NO OBJECTION, 50 ORDERED GREGG, seconded by NAUGHTON NO OBJECTION, SO ORDERED NO OBJECTION, SO ORDERED AUSTERMAN, seconded by NAUGHTON NO OBJECTION, SO ORDERED 4 Blankenburg, Gregg, Naughton, Austerman, Barker, White None Unanimous A. Ordinance 85 -22 -0 Amending The Kodiak Island Borough Code To ORDINANCE Adopt Garbage And Solid Waste Collection And Disposal Powers N0. 85 -22 -0 In The Areas Outside Cities And Accept The Transfer Of Such Powers From The City Of Kodiak. NAUGHTON, moved to remove from the seconded by GREGG table Ordinance No. 85 -22 -0. moved to table Ordinance No. 85 -22 -0 to the January, 1986 meeting. B. BOARD OF ADJUSTMENT - An appeal by Wilton White of the P & Z BOARD OF Commission's decision to approve Final Subdivision of a ADJUSTMENT/ Portion of Unsubdivided U. S. Survey 1396; to Lakeview Sub- WHITE APPEAL division, Lots 1 -18. (Len Grothe - applicant) Resolution No. 85- 102 -R. BLANKENBURG, moved to remove Resolution seconded by BARKER No. 85 -102 -R from the table. moved to table Resolution No. 85 -102 -R until after the P 6 Z Public Hearing and Findings of Fact. KIBS146583 OLD BUSINESS KIBS14658 Kodiak Island Borough December 5, 1985 Regular Assembly Meeting ISWOR's IMPOST A. December Meetings BLANKENBURG, seconded by BARKER MOTION CARRIED B. Staff Reports BLANKENBURG, seconded by BARKER MOTION CARRIED C. Other Business Mayor Selby reported that Kodiak was very effective and well represented at the Alaska Municipal League meeting in Fairbanks this year. We were able to accomplish more than hoped. We were able to protect our concern about trying to keep the federal government from adding additional limited entry in the fisheries; and, successful in adding full funding of the Alaska Seafood Marketing Institute. We were also successful in getting our resolutions adopted by the League, such as the Coast Guard resolution urging continued full funding.- Appointment of Cliff Davidson and Assemblywoman Barker to the Legislative Commission Committee of the Municipal League and the election of City Mayor Pugh to the Alaska Municipal League Board of Directors were in- dicative of the perception that Kodiak representatives were ef- fective in the work sessions. He concluded that it was a very successful trip. N BUSINESS NEW BUSINESS A. Award of Road Maintenance Contract for Service District A 1. BLANKENBURG, seconded by BARKER VOTE ON MOTION TO AWARD Ayes: Gregg, Naughton, Austerman, Barker, Blankenburg, White Noes: None Area. VOTE ON MOTION TO AWARD BARKER, 5 moved to acknowledge receipt. Unanimous voice vote moved to acknowledge receipt. Unanimous voice vote Noes: Austerman moved to award the Road Maintenance Contract for Service District N 1 to Brechan Enterprises. Ayes: Naughton, Barker, Blankenburg, Gregg, White MAYOR'S REPORT AWARD OF SERVICE DISTRICT 9 1 CONTRACT MOTION CARRIED Unanimous B. Award of Road Maintenance Contract for Women's Bay Service AWARD OF WOMEN'S BAY SERVICE DISTRICT BARKER, moved to award the Road CONTRACT seconded by GREGG Maintenance Contract for Women's Bay Service Area to Brechan Enterprises. MOTION CARRIED 5 Ayes, 1 No C. Resolution 85 -109 -R Awarding The Maintenance Facility Con - RESOLUTION struction Contract. NO. 85 -109 -R moved to adopt Resolution seconded by NAUGHTON No. 85- 109 -R. Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED D. Resolution 85 -110 -R Authorizing The Lease Of Borough Real RESOLUTION Property And Directing The Mayor To Enter Into Negotiations. NO. 85 -110 -R NAUGHTON, seconded by AUSTERMAN MOTION CARRIED E. Resolution 85 -111 -R Supporting Alaska Power Authority Fund- ing Of The Ouzinkie Hydroelectric Power Generation Project. NAUGHTON, seconded by BLANKENBURG MOTION CARRIED AUSTERMAN, seconded by BLANKENBURG VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED G. Ordinance 85 -32 -0 fication. NO OBJECTION, SO ORDERED NO OBJECTION, SO ORDERED 6 Barker, Blankenburg, Gregg, Naughton, White Austerman 5 Ayes, 1 No December 5, 1985 moved to adopt Resolution No. 85- 110 -R. Unanimous voice vote moved to adopt Resolution No. 85- 111 -R. Unanimous voice vote F. Resolution 85 -113 -R Granting An Electrical Easement Across Certain Borough Property. moved to adopt Resolution NO. 85- 113 -R. Barker, Blankenburg, Gregg, Naughton, Austerman, White None Unanimous Amending K.I.B. Code 1.02 Supplement Codi- ORDINANCE NO. 85 -32 -0 BLANKENBURG, moved to adopt Ordinance seconded by BARKER 85 -32 -0 at first reading. H. Ordinance 85 -33 -0 Amending Ordinance No. 85 -15 -0, Levying Taxes On All Taxable Real And Personal Property within The Borough For The Expenses and Liabilities Of The 3orough For The Fiscal Year Commencing On The First Day Of July, 1985, And Ending On The Thirtieth Day Of June, 1986. BLANKENBURG, moved to adopt Ordinance seconded by BARKER 85 -15 -0 at first reading. I. Ordinance 85 -34 -0 Providing For The Submission To The Quali- ORDINANCE fied Voters Of The Kodiak Island Borough, The Question Of The Issuance Of 514,150,000 Of General Obligation Bonds Of The Kodiak Island Borough To Pay The Cost Of School Improve- ments In The Borough, At A Special Election to Be Held For That Purpose On February 18, 1986. (CLERK'S NOTE: Ordinance No. 85 -34 -0 was previously with- drawn from the agenda.) J. Ordinance 85 -35 -0 Amending The Service District No. 1 Water And Sewer Operating Budgets. KIBS146585 RESOLUTION NO. 85 -109 -R (continued) RESOLUTION NO. 85 -111 -R RESOLUTION NO. 85 -113 -R ORDINANCE NO. 85 -33 -0 NO. 85 -34 -0 ORDINANCE NO. 85 -35 -0 Kodiak Island Borough December 5, 1985 Regular Assembly Meeting BLANKENBURG, moved to adopt Ordinance ORDINANCE seconded by BARKER 85 -35 -0 at first reading. NO. 85 -35 -0 (continued) NO OBJECTION, SO ORDERED ASSIIIIIILYCX11111111111111 ASSEMBLY COMMENTS None =MICR COMERS AUDIENCE COMMENTS Okay Chandler expressed his views on several subjects. AD.TOUIDMENl ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 7:50 p.m. ATTEST: Borough Clerk KIBS146586 Presiding Officer