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1989-03-02 Regular MeetingOKIIAK ISL RORGO Regular Assembly Meeting March 2, 1989 A regular meeting of the Kodiak Island Borough Assembly was held March 2, 1989, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:35 p.m. (A verbatim record is on file in the Clerk's office) The invocation was given by the Reverend Fred Ellis of the Seventh Day Adventist Church followed by the Pledge of Allegiance. That. were present: Lorne White, Presiding Alan Austerman Ann Barker Jack McFarland Tom Merriman (8:10 p.m.) John Parker Wayne Stevens comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Linda Freed, Community Development Director Gave Vaughan, Borough Clerk APPROPAE OP AG,,,, PARKER, moved to approve agenda as seconded by STEVENS submitted. PARKER, seconded by MCFARLAND moved to amend by deleting Ordinance No. 89-09-0 from New Business. VOTE ON MOTION TO AMEND WITHODT OBJECTION, SO ORDERED VOTE ON MOTION MOTION CARRIED unanimous voice vote COME" AGE7 None APPROVAL OP MERUM None CI1'IZR's' CONVEX" Mayor Selby presented the Employee of the Month award to Catherine Morrison of the Data Processing Department. Louie Lowenberq, said that he hated to see Ordinance No. 89-09-0 removed from the agenda because he wanted to see the assembly vote it down. He said raising taxes on fishing boats was not the answer and thought fishing should be promoted. He said he had three boats moored in Kodiak and if another tax was imposed, he would be forced to move them out of the community. Francine Bemis expressed her interest in developing a workable recycling program in Kodiak and offered her time and energy to get the program started. March 2, 1989 KIBS103814 REGULAR MEETING ALL APPROVAL OF ACJUA APPROVAL OF CONSENT AGENDA APPROVAL OF MINUTES CITIZENS' COMMENTS Page 30 Kodiak Island Borough Regular Assembly Meeting c0K1N Tl'RR Rzpom .. COMMITTEE REPOA1J5 Assemblyman Austerman reported on the progress of the School Budget Committee and noted the proposed budget had a $425,000 shortfall. He mentioned a possible reduction of 7.6 teachers next year to help balance the budget. Assemblyman McFarland reported that the Consolidation Committee t had a final draft about ready 50 public hearings could be sched- uled soon. Also, he noted that after attending a Data Processing Committee meeting, he had heard praises from everyone about the new programmer and analyst in the Data Processing Department. Jody Hodgins, Planning and Zoning Commission representative, pointed out the memorandum which had been included in the assembly's packets regarding clarification Of wording in the Natural Use Zoning District. These clarifications were the result of work session discussions on rural development zoning. A. Appointments to Gear Storage Task Force. APPOINTMENTS TO GEA PARKER, moved to a appoint Alan STORAGE TASK FORCE seconded by BARKER Austerman, Chairman, Ken Gregg, Jack McFarland, Al Cratty, Bruce Barrett, and Tuck Bonney to the Gear Storage Task Force. AUSTERMAN, move to amend to place a 90 seconded by BARKER day time limit on the task force. VOTE ON MOTION TO AMEND WITHOUT OBJECTION, SO ORDERED VOTE ON MOTION AS AMENDED Ayes: Austerman, Barker, McFarland, Parker, Stevens, White Noes: None MOTION CARRIED Unanimous POBLIC RRARENG PUBLIC HEARING, A. Ordinance No. 89-03-0 Rezoning Got 1A, Block 1, Tract M, And S-41-11, S -4A-11, And S -4A-2, U.S. Survey Tract3218 I ORDINANCE NO. -IA, FROM Industrial TO B --Business. (Comvmonly known 89-03- O as the Buggy Banya And Safeway Store; 2597, 2645, and 2675 Mill Bay Road) AUSTERRA seconded b moved to adopt Ordinance seconded by MCFARLANO No. 89-03-0. The presiding officer called for public testimony, there being none, the assembly was reconvened. Assemblyman McFarland noted that the findings of fact supported the rezone by stating the rezone generally conformed to the comprehensive plan in the area and was consistent with the trend for the development of the site. VCTR ON MOTION TO ADOPT Ayes: Barker, McFarland, Parker, Stevens, Austermall, White Noes: None MOTION CARRIED Unanimous March 2, 1989 Page 31 KIBS103815 Kodiak Island Borough Regular Assembly Meeting B. Ordinance No. 89-04-0 Creating Chapter 1].15 Natural Use Zoning District. PUBLIC HEARING seconded moved to adopt Ordinance seconded by BARKER No. 89-04-0. ORDINANCE NO. 89-04-0 Clerk's Note: Assemblyman Merriman arrived. The presiding officer called for public testimony. Forrest Blau, home owner in the Bells Flats area, gave some background on the history of the Natural Use Zoning district. He said the Womens Bay Comprehensive Planning Committee had been formed three years ago and with the assistance of the borough Planning staff, the group had at and drafted this proposed new zoning district. He stated the people in the area wanted a watershed to protect the streams but did not want to be locked out. He said the existing zoning claasifications did not fill the bill and explained where they were deficient. He noted the Natural Use Zoning District was not made just for the Womens Bay area but could be applied to the whole borough. Nancy Paget, a member of the Womens Bay Community Council and Comprehensive Planning Committee, concurred with all of Mr. Blau's statements. Her main concern was the protection of trails and protecting the water supply to her home which comes from this upland area. Robin Henrichs thought the group who drafted this new zoning district had done a good job in thinking through the task. He believed the Natural Use Zoning District had a broad application which could be applied to a lot of real estate on Kodiak Island. He cautioned the assembly in reviewing zoning to this classifica- tion to be careful when dealing with private property because there would be very few development potentials left open to the land owner. The presiding officer closed the public testimony and reconvened the assembly. Assemblyman Austerman noted a memorandum from the Community Development Department suggesting a proposed language change. AUSTERMA seconded b moved to amend the ordinance seconded by MERRIMAN to insert the following sentence in 17,15.090 for clarification: "Although a particular conditional use may constitute a minor change, the cumulative effect of numerous piecemeal changes can result in a major impairment of the environment. The particular site for which a conditional use application is made will be evaluated with the recognition that it may be part of a complete and interrelated environmental area." Assemblyman Stevens pointed out another suggested language change in paragraph two of the memorandum following the asterisk: "Feasible and prudent means consistent with sound engineering practices and not causing environmental, social, or economic problems that outweigh the public benefit to be derived from compliance with the condition which is modified by the term 'feasible and prudent'." With the concurrence of his second, Assemblyman Austerman asked that the statement be made part of his motion. March 2, 1989 Page 32 KIBS103816 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO AMEND PUBLIC HEARING Ayes: Merriman, Parker, Stevens, OF' TE Austerman, Barker, Nom. 4-0 McFarland, White (con. d Noes: None MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT AS AMENDED Ayes: McFarland, Merriman, Parker, Stevens, Austerman, Barker, White Noes: None MOTION CARRIED Unanimous C. Ordinance No. 89-05-0 Rezoning All Lands Lying Westerly Of ORDINANCE Bells Flats And Russian Creek Alaska Subdivisions And NO. 89-05-0 Easterly Of The Womens Bay Drainage Boundary And Southerly Of Sargent Creek And Northerly Of Russian Creek; An Area Containing Approximately Six Thousand (6,000) Acres From C --Conservation To NU -Natural Use. AUSTERNAN, moved to adopt Ordinance seconded by MCFARLAND No. 89-05-0. The presiding officer called for public testimony. Sohn Merrick, Land and Resource Manager for Koniag, Inc, speaking on behalf of Koniag, Inc. opposed including native lands in the rezoning. He said even though the lands are presently remote, Koniag was against any down zoning that would limit development. Forrest Blau stated there had been long standing support for the protection of the watershed in the Womens Bay area. He said when the area to be included in the new zoning district was delineated, no consideration of ownership was given. He said even if native lands were excluded, he would be happy if the remaining lands were rezoned so the lakes could be protected. The presiding officer closed the public testimony and reconvened the assembly. PARKER, moved to amend to exclude seconded by BARKER Native Corporation lands. At Assemblyman Steven's request, Linda Freed clarified which lands were native owned lands. A discussion followed between Linda Freed and the assemblymembers. She explained the native owned lands, if removed from this reclassification, would remain zoned conservation. VOTE ON MOTION TO AMEND Ayes: Parker, Stevens, Austerman, Barker, McFarland, Merriman, White Noes: None MOTION CARRIED Unanimous March 2, 1989 :+3e 33 KIBS103817 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Stevens, Austerman, Barker, McFarland, Merriman, White Parket, Noes: None MOTION CARRIED Unanimous The presiding officer called for a five minute recess. The presiding officer reconvened the assembly. D. Ordinance No. 89-06-0Determining The Disposition of Tax Foreclosed Properties. BARKER, seconded by MERRIMAN - moved to adopt Ordinance No. 89-06-0, BARKER, seconded by MERRIMAN moved to amend to include two properties to withdraw - Lot 25, Block 9, Aleutian Homes and Lot 13, Block 33, East Addition. Assemblymember Barker explained that she thou ghtIn the East Addition should be withheld from sale because located Sal the vacant lot than in a densely built area and a better use of the it was a building site might be determined at a of other future date. Assemblyman Parker said he thought the other property house in the Aleutian Homes area should be retained because there was a need b with a y Mental Health Center for residential facilities. He thought there might be the possibility of convertin house into a housing unit for their use. g this VOTE ON MOTION TO AMEND MOTION CARRIED Unanimous voice vote The presiding officer called for public testimony; there being none, the assembly was reconvened. VOTE ON MOTION AS AMENDED Ayes: PURL-- HEARING ORDI,. N0, e': (contin_. ) ORDINANCE NO. 89-06-0 Austerman, Barker, McFarland, Merriman, Parker, Noes: Stevens, white None MOTION CARRIED Unanimous E. Ordinance No. 89-07-0 Amending The Personnel Rules And Regulations guations By Addi elng Section 613, Special Projects Appoint- ppoint- N0. 89-07-0 MCFARLANp, seconded by AUSTERNAN moved to adopt Ordinance No. 89-07-0. The Presiding officer called for public testimony; none, the assembly was there being reconvened. At therequestof the pre aiding officer, Mayor Selby explained there was need for hiring tsxn�emporary employees for periods Nan eixthietha as Presently designated in the Personnel Rules. He said chane w greater term of a construction old allow of hiring of employees for the Pro Oct, example. March 2, 1989 -ge 39 KIBS103818 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION TO ADOPT PUBLIC HEARING Ayes: Barker, McFarland, Merriman, ORDINANCE Parker, Stevens, Austerman, NO. E9-07-0 White (continued' Noes: None MOTION CARRIED Unanimous The presiding officer recessed the assembly and convened the Board of Adjustment. BOARD OR RDJOS'1TffiiT BOARD OF ADJUSTM.EN' Craig Johnson/Todd Hiner appeal of a Planning 6 Zoning Commission decision to deny subdivision of Lot 2, Tract A, Woodland Acres Subdivision First Addition. (Applicant: Todd Hiner) CRAIG JOHNSON/TODD HINER APPEAL Assemblymember Barker and Assemblyman Parker asked if they had a conflict of interest since they both live in the neighborhood of the subdivision site under appeal. Presiding Officer White ruled there was no conflict of interest by either assemblymember. Linda Freed, Community Development Director, explained the case on appeal was a request for a preliminary approval of a vacation and replat of Lots 1 and 2, Tract A, Woodland Acres Subdivision into four lots. She said the PSZ Commission had modified the request of the applicant by not permitting the creation of Lots 2A and 2B, but allowing the creation of Lots lA and 1B. She read the Findings of Fact as follows: 1. There is inadequate drainage across existing Lot 2 to support the further subdivision of the lot into two buildable sites for residential. 2. Development of two residential lots in the area of existing Lot 2 would increase surface water runoff which would adversely impact adjacent property. 3. Property owners in the area are, for the most part, opposed to the subdivision due to the potential drainage problems and inconsistency with the character of the neighborhood. Linda Freed responded to questions from the assemblymembers. Robin Henrichs gave some background for the Planning and Zoning Commission's Findings of Fact and responded to questions from the assemblymembers. He said the central issue involved was the cumulative impact of more development on a drainage system which would effect neighbors downstream. Craig Johnson, representing the applicant, pointed out that the subdivision met or exceeded all borough requirements. He said the subdivision had the recommendation of both the borough engineer and the PCZ staff and was backed up by their reports. He noted the decision to deny the request was based on neighbor- hood opposition and said the main opposition was focused on proposed -lot sizes. He asked what was an appropriate reason to deny a subdivision request. He pointed out that there were several previous subdivisions on Woodland Drive that had been approved which had drainage and topograph difficulties exceeding this proposed subdivision. He thought the borough staff had drainage expertise and they had no objection to the subdivision. March 2, 1989 KIBS103819 Page 35 Aodlak Island Borough Regular Assembly Meeting He said the density requested by the applicant was 20,000 plus EOARD OF ADJUSTME\: square fact lots for single family homes and pointed out that neighboring Woodland Arces allowed the potential of eight times this density. He noted other drainage CRAIG JOHNSON/TODD and az 9 Problems in Woodland Acres HINER APPEAL argued that the opposition to the subdivision was not the a. total of opinion represented from the area. (continued) Mr. Johnson responded to questions from assemblymembers regarding drainage of the lots. Bei Still, resident of the area, commented on the drainage patterns in the area and said in this case the amount Of water might not be increased, but the rate of runoff could be increased which would effect the downstream property owners. He said there was such concern in the neighborhood that they were in the Process of trying to get the area rezoned. Bruce Barrett, spoke in opposition to the subdivision. He said he wou--f ike to maintain the integrity of the coastal pond at the base of Seabreeze Drive which acted as a sponge and filtering area for surface drainage. He said the coastal pond had same esthetic values and some wildfowl habitat values. He desired to see this unique feature to the community and neighborhood remain. Me_ le Brown, property owner in the Woodland Acres, spoke in opposition to the subdivision. He spoke about the drainage problems on his property which comes from water draining from neighboring lots, and his methods of handling this water. He felt existing property owners should not suffer property damage to the benefit of developers. Cralq Johnson countered several statements made during testimony in rebuttal. He felt that changing the rules in mid stream was a concern and thought development should not be stopped arbitrarily. seconded moved to uphold the seconded by AUSTERMAN decision of the Planning and Zoning Commission. A question and answer session followed between the assemblymembers and Linda Freed. Assemblymembers explained the reasons for making their decisions. VOTE ON MOTION Ayes: McFarland, Merriman, Parker, Stevens, Austerman, Barker, White Noes: None MOTION CARRIED Unanimous AUSTERMAN, seconded b moved to adopt Findings of y STEVENS Fact as follows: 1. There is inadequate drainage across existing Lot 2 to support the further subdivision of the lot into two buildable sites for residential. 2. Development of two residential lots in the area of existing Lot 2 would increase surface water runoff which would adversely impact adjacent property. VOTE ON MOTION Ayes: Merriman, Parker, Stevens, Austerman, Barker, McFarland, White Noes: None MOTION CARRIED March 2, 1989 Unanimous KIBS103820 Page 36 Kodiak Island Borough Regular Assembly Meeting Presiding Officer White adjourned the Board of Ad3ustment and reconvened the assembly. He also called for a five minute recess. Presiding Officer White reconvened the assembly. MPSSAUFS PROM THE BORODUB MAYOR MESS.__. 'YOR Mayor Selby said House Bill 23 on overturning the borough's annexation was stalled in the Rules Committee on the House side and would probably not make it to the House floor by the deadline. He thought the borough was in good shape, but noted an appeal had been filed in court. He said that he anticipated the state of Alaska would issue a certificate that the annexation was complete on Monday. He reported that the borough had received an $18,000 refund from the insurance company on the school buildings for 1988. He expressed his thanks to Sweeney Insurance for looking after the borough's insurance concerns. He commented that the borough had been successful in being included in the state of Alaska's hazardous waste clean up. He said as he received more information about it, the information would be made public. The hazardous waste clean up would be held in conjunction with the spring clean up on May 13, 1989. OLD BUSINESS OLD BUSINESS Presiding Officer White stated that he had an indirect conflict of interest on this item and passed the gavel to Deputy Presiding Officer Barker. A. Authorization to spend up to $7,000 for transportation of AUTHORIZATION TO King Salmon to Kodiak. (Tabled from February 16 meeting) SPEND $7,000 FOR TRANSPORTATION OF MCFARLAND, moved to remove from table KING SALMON SMOLT seconded by STEVENS request to authorize $7,000 for transportation of king salmon to Kodiak. VOTE ON MOTION TO REMOVE FROM TABLE MOTION CARRIED Unanimous voice vote For clarification, Assemblyman Stevens asked to have the word "smolt" added after the word king salmon. Mayor Selby explained the opportunity had been presented to the borough to obtain 105,000 king salmon smolt which could be used to create a king salmon fishery on the road system to give a boost to tourism. Assemblyman White explained the details involved in obtaining and creating a king salmon run on the road system. He said all the fish were to be caught by sport fisherman and the fish would have to be restocked every year. He pointed out that the money would provide for the transportation of the smolt. VOTE ON MOTION Ayes; Austermen, McFarland, Merriman, Parker, Stevens, Barker Noes: None Abstention: White MOTION CARRIED 6 Ayes, 0 Noes, 1 Abstention Presiding Officer Barker returned the gavel to Assemblyman White. March 2, 1989 KIBS103921 3y's i7 Kodiak Island Borough Regular Assembly Meeting SEM BO X"n A. BID AWARDS None 8• RESOLUTIONS 1, Resolution No, 89-15-R Authorizing the Refunding of 1980-8 General Obligation School Bond Issue. AUSTERMAN, seconded by STEVENS moved to adopt Re No. 89_15-R.p solution At the request of the presiding officer, history on the explained the imatel bonds and Mayor Selby gave a brief Y 5160,000 by refinancin borough would sale rate. g these bonds at erestK' a lower interest VOTE ON MOTION Ayes: Barker, McFarland, Merrindn, Parker, Stevens, Austerman, White Noes: None MOTION CARRIED nanimous C• ORDINANCES FOR INTRODUCTION None D. OTHER ITEMS None I1IPDRMATIgOy NATMM, No action required) A. MINUTES OF OTHER MEETINGS 1. Monashka Bay Road Service Di February 3, 1989. strict Regular Meeting of 2• Hospital Advisory Board Regular Meeting of January 18, 19, 9. 3. Planning 6 Zoning Commission of January 18, 1989, Regular Meeting a• KIS School Board Special Meeting of February 2, 1989. B. REPORTS None C. OTHER None CITZZM, None ASSWSkLyNft,S COMSSWTS Assemblyman Rusts. thought the assembly needed to type of drainage policy or statement to send to the set so Zoning Co®isaid. for future set some comslaeion Would know development and aubdiv- 9 and presentin which di tion to take, Referring tc the g material for an appeal, Assemblymen Aueterftan rould -9h staff to placer the oldest information 'requested read like a book first understand, y making the material easier to March 2, 1989 KIBS103822 NEW :SS BID AWARLS RESOLUTIONS RESOLUTION NO. 89_15-R ORDINANCES FOR INTRODUCTION OTHER ITEMS INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS CITIZENS, COMMENTS ASSEMBLYMEN'S COMMENTS Page 38 Kodiak Island Borough Regular Assembly Meeting NEW BOSIA88B A. BID AWARDS None B. RESOLUTIONS 1. Resolution No. 89-15-R Authorizing Refunding of the 1980-B General Obligation School Bond Issue. AUSTERMAN, seconded by STEVEN, moved to adopt Resolution No. 89-15-R. At the request of the presiding Officer, Mayor Selby gave a brief history on the bonds and explained the borough would save approx- imately $160,000 by refinancing these bonds at a lower interest rate. VOTE ON MOTION Ayes: Barker, McFarland, Merriman, Parker, Stevens, Austerman, White Noes: None MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION None D. OTHER ITEMS None I"OH""'Co1L aTERIWZ (No action required) A. MINUTES OF OTHER MEETINGS 1• Monashka Bay Road Service District Regular Meeting of February 3, 1989. 2. Hospital Advisory Board Regular Meeting of January 18, 1989. 3. Planning b Zoning Commission Regular Meeting of January 18, 1989. a. KIB School Board Special Meeting of February 2, 1989. B. REPORTS None C. OTHER None CITIE=s, CDB None ASSE1MWjM.S CONEW, Assemblyman Austerman thought the assembly needed to set some type of drainage policy or statemePlanning and nt to send to the Zoning Commission for future development and Subdivisions ao the commission would know which direction to take. Referring to Presenting material for an appeal, Assemblyman Austatman requested the borough staff to place the oldest information first so it would read like a book thereby making the material easier to understand. March 2, 1989 KIBS103822 NEW SSS BID AWARLS RESOLUTIONS RESOLUTION NO. 89-15-R ORDINANCES FOR INTRODUCTION OTHER ITEMS INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS CITIZENS, COMMENTS ASSEMBLYMEN'S COMMENTS Page 38 x. Kodiak Island Borough Regular Assembly Meeting Assemblyman Aueterman expressed concern over the limited parking ASS.'['=SYMEN's area available for Sport fisherman at Mill Bay when the king CON,. salmon fishery got underway. He thought the park area might have (con, i) to be increased. He questioned the Mayor about the damage done to the Larsen Bay and Port Lion schools during the recent freeze and asked if there was insurance coverage. He thought the assembly should have representation at any meeting where "pull tab" laws were discussed with state representatives. Assemblyman Parker said the reason for removing Ordinance 89-09-0, which would increase personal property tax on boats and vessels, was because the assembly did not have a chance to get the research material together. He said the ordinance would be bought up at a later date and he was looking forward to input from the public on the issue. Assemblyman Stevens thought the borough Resource Manager would be a valuable resource person on drainage in view of his past work with the Selief Lane drainage problem.. He questioned if a problem lay with the "pull tabs" or the third party operators. He said the assembly had recently met in a lengthy work session to develop some goals and objectives to determine what direction the community and borough should go. He said it was refreshing to participate in a forward planning session as opposed to a reactionary type one. He thanked the Womens Bay Community Council and their planning group for their efforts during the past two years on the Natural Use Zoning district. He also said KM)[T was holding their annual membership marathon and urged the listening audience to support Kodiak's local public radio station. Assemblyman white explained the history behind the city of Kodiak paying the personal property tax on fishing boats. He thought the fishing boats in Kodiak now where worth a lot more than a half million dollars. He pointed out that the raw fish tax had a lot to do with the trade off with the city, and he cautioned that if the borough changed the scenario on the vessel tax that it changed the relationship with the city. He said he was very pleased that the Natural use Zoning District had been passed. He said there was a growing concern over water problems in Kodiak as the community was developed. He announced there would be a joint assembly/school board work session on Thursday, March 9, 1989 at 7:30 p.m. and the next regular assembly meeting will be held on Thursday, March 16, 1989 at 7:30 p.m. ADJOOIUVIB R ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 10:60 p.m. �LL.�ffcI Pre.�in oicer ATTEST: March 2, 1989 _ 0 39 KIBS103823