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1989-01-07 Regular MeetingKODIAR ISLAM BOROUGH Regular Assembly Meeting January 7, 1988 A regular meeting of the Kodiak Island Borough Assembly was held January 7, 1988, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called order to at 7:30 p.m. (A verbatim record is on file in the office) Clerk's The invocation was given by the Reverend Mark Houglum of Lutheran Church, followed St. Paul by the pledge of allegiance. There were present: Lorne White, Presiding Alan Austerman Ann Barker Ken Gregg Tom Merriman Wayne Stevens Absent: Jack McFarland (Excused) comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Gaye Vaughan, Borough Clerk APPROVAL OF AGENDA GREGG' moved to approve agenda seconded by STEVENS as submitted. WITHOUT OBJECTION, SO ORDERED GREGG, moved to a seconded by MERRIMAN approve consent agenda. The items on the consent agenda were read aloud by the Borough Clerk. VOTE ON MOTION Ayes: Austerman, Barker, Gregg, Merriman, Stevens, White REGULAR MEETING ROLL CALL APPROVAL OF AGENDA CONSENT AGENDA Noes: None MOTION CARRIED Unanimous APPROVAL UJP MINUTW APPROVAL OF MINUTES A. K.I.B. Assembly Regular Meeting of December 17, 1987, This item was previously approved under the "Consent Agenda." CITIZEN'S CONVENTS CITIZEN'S COMMENTS Mayor Selby Presented the Employee of the Month award to Sn can ..aviuson of the rinance Department. Lorna Arndt requested a dumpster that she could reach. She said she has a Physical problem which prevented her from lifting. She doesn't feel she should pay for a service that she can't use. KIBS103616 Kodiak '_sland Borough Regular Assembly Meeting COMMITTEE REPORTS COMMITTEE _R --(:P73 Assemblyman Gregg, member of Data Processing Steering Committee, reported that in the last few months some accomplishments have been made that could result in cost savings to the Kodiak Island Borough and the School District. Robin Heinrichs, Planning and Zoning Commission, reported on the continued rewrite of Title 17. He also said the commission would be flying over Tugidak and Sitinak Islands this weekend to obtain some first hand knowledge of the area. PUBLIC HEARING PUBLIC HEAR'NG A. Ordinance No. 87-36-0 Amending Section 16.10.010 Of The ORDINANCE Borough Code On Land Acquisition Policies. NO. 87-36-0 BARKER, moved to adopt Ordinance seconded by AUSTERMAN No. 87-36-0. The presiding officer called for public testimony, there being none, the assembly was reconvened. At the request of the presiding officer, Mayor Selby explained this ordinance defined other ways the Kodiak Island Borough could acquire land besides obtaining it from the State of Alaska. VOTE ON MOTION TO ADOPT Ayes: Barker, Gregg, Merriman, Stevens, Austerman, White Noes: None MOTION CARRIED Unanimous B. Ordinance No. 87-37-0 Rezoning A 17,374 Square Foot ORDINANCE Portion Of Lot 10, Block 2, Lakeside Subdivision From NO. 87-37-0 PL --Public Use Lands To I --Industrial. AUSTERMAN, moved to adopt Ordinance seconded by BARKER No. 87-37-0. The presiding officer called for public testimony. Gerald Cloudy, property owner in the area, said he was under the impression that a green belt extended through the area and he didn't want to see it deteriorated (diminished) bit by bit. He did not want the area where he bought a lot for home building to be turned into an industrial area. The presiding officer reconvened the assembly. Assemblyman Gregg agreed with Mr. Cloudy and felt that the reason for the rezoning was to allow property owners to taxi or park their airplanes. He felt rezoning to Industrial might be over- kill when the same purpose could be accomplished by granting conditional use permits. He preferred to see the area remain a green belt. Assemblyman Austerman concurred with the above statements. He said the area was aesignatea as a green belt to serve as a buffer zone from the airport and it would be wrong to change it back. Assemblymember Barker moved to table this ordinance until the next meeting because notices had not been mailed to property owners in the area. BARKER, moved to table to Public seconded by STEVENS Hearing on January 21, 1988. January 7, 1988 KIBS103617 Page 2 Kodiak island Borough Regular Assembly Meeting VOTE ON MOTION TO TABLE PUBLIC :HEARI`JG Ayes: Stevens, Austerman, Barker, ORDINANCE White NO. 87-37-0 (continued) Noes: Gregg, Merriman MOTION CARRIED 4 Ayes, 2 Noes BOARD OF ADJUSTNE t BOARD OF ADJUSTMENT An appeal of a Planning and Zoning Commission decision to deny a request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit a twelve by twenty-four (12 X 24) foot JOHN J. KEREKES garage addition onto the front of the existing single-family APPEAL residence to encroach 12.1 feet into the required twenty-five foot front yard setback in the RS--Single-Family Residential Zoning District. Lot 18B, U.S. Survey 3099; 2490 Spruce Cape Road. (John J. Kerekes) f f f t• f• t f f• t♦♦ f f f f f• 1 t f♦ f f♦♦ f f♦♦ t The presiding officer recessed the assembly and convened the Board of Adjustment. Bob Pederson, Community Development Department, explained that Mr. Kerekes had submitted an application for a variance to the front yard setback requirement of the R-1 zoning district to construct a 20 by 24 garbage addition onto the front of an existing single family home. He said the staff recommended denial of this variance request because it did not meet the six conditions under borough code necessary for a variance to be approved. During a public hearing on this request, Mr. Pederson said the applicant changed his request to a 12 by 24 foot garage. The P&Z Commission voted on the revised request and the motion failed, he stated. He proceeded to read the findings of fact in support of P&Z's decision. John Kerekes, appellant, pointed out two mistakes in the presen- tation of his ease. He stated he wanted an attached garage to the front of his house. when he purchased the house, he said, the realtor had told him to go to the P&Z Commission and a variance would be approved to build a garage. He stated that he wanted an attached garage for the safety of his wife and the convenience bf entering the house from a garage. He explained the make up of the existing neighborhood and said he did not feel that building a garage which extended into the front yard set- back requirements would be setting a precedent. Okay Chandler, property owner, did not see how building a garage would create a problem in the neighborhood. He explained that the neighborhood was old and this garage would dress up this property. Assemblyman Gregg asked several questions of Bob Pederson regarding the property next to Mr. Kerekes' house. AUSTERMAN, moved to uphold P&Z seconded by GREGG decision. Assemblyman Austerman said he was a member of the DOT/Borough/ City committee that discusses Kodiak Island roads. He used Mill Bay Road.as an example and he said in order to widen it, the biggest cost would be purchasing the property abutting it. He thought the same situation might apply to Spruce Cape Road and said the less encroachment into the road area, the less problems there would be at some future date. January 7, 1988 KIBS103618 Page 3 Kodiak Island Borough Regular Assembly 'fleeting VOTE ON MOTION PUBLIC HEARING Ayes: Stevens, Austerman, Barker, JOHN i. KEREKES Gregg, 'White APPEAL Noes: Merriman MOTION CARRIED 5 Ayes, 1 No GREGG, moved to uphold P&Z findings seconded by AUSTERMAN of fact with the correction in the third to the last sentence in the fifth finding stating "The applicant only purchased this lot in April of 1987" which was not correct. WITHOUT OBJECTION, SO ORDERED The presiding officer recessed the Board of Adjustment and reconvened the assembly. The presiding officer called for a ten minute recess. The presiding officer reconvened the assembly. NSSSAGBS FROM THE BOROUGH MAYOR MESSAGE FROM MAYOR Mayor Selby wished "Spratznikum" to those Russian Orthodox citizens who were celebrating Christmas today. Mayor Selby proclaimed the year 1988 as The Year Of The Veteran In Kodiak. OID BUSINESS OLD BUSINESS None NEM BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS None S. RESOLUTIONS RESOLUTIONS 1. Resolution No. 88-01-R Establishing Garbage Collection And Disposal Rates. RESOLUTION NO. 88-01-R AUSTERMAN, moved to adopt Resolution seconded by GREGG No. 88-01-R. AUSTERMAN moved to amend by changing seconded by GREGG the word "establish" to "increase." VOTE ON MOTION TO AMEND MOTION CARRIED Unanimous Voice Vote Assemblyman Austerman pointed out that this fee structure effects the whole community and it bothered him that it was being acted upon by resolution. He said he would feel more comfortable if it went to public hearing so the public could have some input. STEVENS, moved to table Resolution seconded by MERRIMAN No. 88-01-0 to Public Hearing on January 21, 1988. January 7, 1988 KIBS103619 page 4 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO TABLE NEW BCS .NESS Ayes: Stevens, Austerman, Barker, RESOLUTION Gregg, Merriman, White NO. 88-01-R Noes: None (continued) MOTION CARRIED Unanimous 2. Resolution No. 88-02-R Appointing An Authorized RESOLUTION Representative To Inspect, Secure, And Sign For NO. 88-02-R Surplus Federal Property For Use By Kodiak Island Borough. This item was previously approved under the "Consent Agenda." 3. Resolution No. 88-03-R Requesting Placement Of A RESOLUTION Full time ADFSG Habitat Biologist in Kodiak. NO. 88-03-R STEVENS, moved to adopt Resolution seconded by MERRIMAN No. 88-03-0. Assemblyman Stevens explained the reasons for the need of a habitat biologist in the Kodiak area. GREGG, moved to amend NOW, seconded by MERRIMAN THEREFORE, BE IT RESOLVED clause to add in the third line after Kodiak ",new or transfer," WITHOUT OBJECTION, SO ORDERED AUSTERMAN, moved to amend to add seconded by GREGG a "WHEREAS" clause as follows: WHEREAS, the Alaska Maritime and Wildlife Refuge will be in the review and decision making process for the next two years and review by a Habitat biologist would be criticalt and WITHOUT OBJECTION, SO ORDERED VOTE ON MOTION TO ADOPT MOTION CARRIED Unanimous Voice Vote 4. ' Resolution No. 88-04-R Accepting Insurance Settle- RESC_ ment Of $1,781,587 For Port Lions School Fire. NO. =-- .- BARKER, moved to adopt Resolution seconded by GREGG No. 88-04-R. At the request of the presiding officer, Mayor Selby explained the settlement with the CIGNA Insurance Group and the designation for expenditure of the funds. VOTE ON MOTION TO ADOPT Ayes: Austerman, Barker, Gregg, Merriman, Stevens, White Noes: None MOTION CARRIED Unanimous KIBS103620 January 7, 1988 Page Kodiak Island Borough Regular Assembly Meetim, C. ORDINANCES FOR INTRODUCTION NEW BUS MESS 1. Ordinance No. 88-01-0 Rezoning Near Island From ORDINANCES FOR The Existing B --Business, I --Industrial, And INTRODUCTION C --Conservation Districts To B --Business, I --Industrial, C --Conservation, And PL --Public Use ORDINANCE Lands. NO. 88-01-0 This item was previously approved in first reading under the "Consent Agenda." 2. Ordinance No. 88-02-0 Appropriating Proceeds Of ORDINANCE Insurance Claim For Construction Of Port Lions NO. 88-02-0 Gymnasium. This item was previously approved in first reading under the "Consent Agenda." 3. Ordinance No. 88-03-0 Determining The Disposition ORDINANCE Of Tax Foreclosure Properties. NO. 88-03-0 This item was previously approved in first reading under the "Consent Agenda." D. OTHER ITEMS OTHER ITEMS None INrONW10BAL HATE21ALS (No action required) INFORMATIONAL MATERIALS A. MINUTES OF OTHER MEETINGS 1. K.I.H. School Board Regular Meeting of December 14, 1987. 2. K.I.B. Hospital Board Special Meeting of November 10, 1987, November 23, 1987 and Regular Meeting of MINUTES OF OTHER November 18, 1987. MEETINGS B. REPORTS REPORTS 1. Staff Reports - Community Development, Facilities 2. Kodiak Island Borough School District Financial Report for November, 1987. CITIZBSS' Co1maw8 CITIZENS' COMMc:" None ASSEMBLY! is CON OM ASSEMBLYMEN'S COMMENTS Assemblyman Merriman noted for the record that he would be out of town until January 22nd. Assemblyman Gregg complimented the mayor and the Finance Depart- ment and staff upon receiving an unqualified audit from the auditors. Assemblyman White thanked the staff for the handling of the wood cutting project in the community. He said that he had heard a lot of favorable comments on the way it was handled. He announced the assembly would be making a trip to Port Lions and Larsen Bay on Wednesday, January 13th (weather permitting) and there wiii be an assembiy worx session on January 14, 1988 at 7:30 p.m. Also, the assembly would be traveling to King Salmon for the Southwest Alaska Municipal Conference on January 15-17, 1988. Hq added there would be an assembly/city council joint work session on January 19th at 7:30 p.m. KIBS103621 January 7, 1988 Page 6 Kodiak Island Borough Regular Assembly heetin, �� •44a.�±:iJ AG T _ NHENT There being no further business to come before the assembly, the meeting adjourned at 8:40 p.m. Pr aiding Officer ATTEST: (�L Borough erk KIBS103622 January 7, 1988 Page