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2004-01-10 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting January 10, 2004 A regular meeting of the Kodiak Island Borough Assembly was held January 10, 2004 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 11:00 a.m. The invocation was given by Captain Dave Davis of the Salvation Army, followed by the Pledge of Allegiance. Present were Mayor Gabrielle LeDoux, Assemblymembers Tom Abell, Tuck Bonney, were BManager Robin ClerklJudi Nielsen. and Nancy Wells. Staff present moved to excuse Assemblymember Wayne Stevens, seconded by HEINRICHS VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA HEINRICHS moved to approve the agenda, seconded by BRANSON VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES Octber 9, A. Kodiak Island Borough Assembly Special Meetings of August and December 4, and November 18, and Regular Meetings of November 6, 20, 2003. BONNEY moved to approve the minutes as submitted, seconded by BRANSON VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AWARDS AND PRESENTATIONS A. student of the Month Mayor LeDOUx presented the student of the Month Award to Cynthia Shangin, a senior at Kodiak High School. CITIZENS' COMMENTS Dawn Black, representative of Erdman Rentals, spoke of a fire that damaged one of her rental units on Mill Bay Road and oher iconcernBo ough Codeactions of agents of the Borough went beyond allowable p Manager Carlson noted that there was an appeal process and other avenues available for people with questions about specific issues. Assemblymember Bonney wanted to review the code on mobile home parks as they impacted low income individuals. Assemblymember Wells wanted the issue discussed with the Planning and Zoning Commission at a forthcoming work session. Dr Gary Carver noted that Kodiak was very r seismica to a lly ioc Ce de ndathe High School and Peterson Elementary were built to have the buildings assessed to ensure earthquakes. He wanted the Assembly they were safe in the event of an earthquake. Kodiak Island Borough January 10, 2004 Volume XXIX Page 2 Assemblymember Heinrichs noted that the Bond Committee included a seismic study and the Assembly agreed during the strategic planning session that it was a high priority. Dr. Carver applauded Assemblymember Heinrichs' comment but was concerned the bonds may not be forthcoming. Manager Carlson said he and Bud Cassidy, Engineering /Facilities Director, were reviewing the cost and preliminary analysis. He noted that Homeland Security funding may be available. Laura Kelly, licensed engineer with the U.S. Coast Guard, said the Seismic safety of schools and the community were included in the FEMA building document and she was concerned about the safety of Peterson Elementary School. COMMITTEE REPORTS Assemblymember Branson said she was appointed to the Alaska Hospital and Nursing Home Association representing Providence. She would attend a meeting in Juneau on January 27 and report back to the Assembly. PUBLIC HEARING A. State of Alaska Alcoholic Beverage Control Board Beverage Dispensary Transfer of Ownership, Location, and Name Change for a Beverage Dispensary License FROM License # 506 DBA Diamond Jim's Harvester Inn Licensee Shirley A. Fisk, TO License #4346 DBA Bernie's, Licensee /Applicant Bernie V. Ballao, From Locationl223 Mill Bay Road, To Location 320 Center Street. BRANSON moved to voice non - objection to the Alcoholic Beverage Control Board Beverage Dispensary Transfer of Ownership, Location, and Name Change for a Beverage Dispensary License FROM License # 506 DBA Diamond Jim's Harvester Inn Licensee, Shirley A. Fisk, TO License #4346 DBA Bernie's, Licensee /Applicant: Bernie V. Ballao, seconded by HEINRICHS Clerk Nielsen said this was a standard procedure regarding liquor licenses and said that 237 public hearing notices were sent out, two were returned with no objection. Mayor LeDoux opened the public hearing. Scott Rentschler spoke against the transfer and suggested that opening Bernie's Bar would not promote tourism. Dawn Offerman spoke against the transfer and related to countless incidents where the Kodiak Police Department was called to settle disturbances at the location due to the consumption of alcohol. Bernie Ballao, applicant, envisioned Bernie's as a Karaoke bar and potential tourist attraction where patrons could enjoy singing. Mayor LeDoux closed the public hearing. Assemblymember Bonney supported the Filipino community and viewed Bernie's as a place for people to meet. Assemblymember Wells worked with alcohol abuse issues but alcohol was legal and Bernie's would promote the safe and responsible consumption of alcohol. Kodiak Island Borough January 10, 2004 Volume XXIX Page 3 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Bonney, Branson, Heinrichs, Ranney, Wells BOROUGH MANAGER'S REPORT Manager Carlson said representatives of ECI /flyer would be traveling to Kodiak for the community business plan. He reported the State's Department of Natural Resources allocated the Pasagshak, Saltry Cove, and Narrow Cape area to general use. The Parks and Recreation Committee will convene for discussions and submit a recommendation to the Planning and Zoning Commission. He said Michelle Stearns, Community Development Director would be overseeing the process. He asked for the Assembly's concurrence to continue the historical $1,000 donation to SWAMC. In response to Assemblymember Branson, he said there would be a public meeting with ECI /Hyer next week. MESSAGES FROM THE BOROUGH MAYOR Mayor LeDOux also wanted to see discussion regarding trailer parks and zoning. UNFINISHED BUSINESS NEW BUSINESS A. CONTRACTS 1. Contract No. 2004 -02 Transportation of Recyclable Metals from the Borough Landfill to Seattle, WA. BRANSON moved to approve Contract No. 2004 -02 with Horizon Lines, LLC of Kodiak, Alaska in the amount not to exceed $106,000 for a two -year contract to transport recyclable metals from Kodiak to Seattle, seconded by HEINRICHS Manager Carlson asked the Assembly to approve the contract to Horizon Lines, LLC. An anticipated increase in shipments in 2005 was considered in the contract. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Branson, Heinrichs, Ranney, Wells, Abell B. RESOLUTIONS 1. Resolution No. 2004 -02 Certifying the FY'04 Shared Fisheries Business Tax Program Application to be True and Correct. HEINRICHS moved to adopt Resolution No. 2004 -02, seconded by BRANSON Manager Carlson said this certified that the information contained the Kodiak Island Borough FY 2004 Shared Fisheries Business Tax Program application were true and correct. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Heinrichs, Ranney, Wells, Abell, Bonney 2. Resolution No. 2004 -03 Approving the Proposed Additions for Inclusion in the Existing Payment In Lieu of Tax Agreement with the Kodiak Island Housing Authority for Certain Properties. HEINRICHS moved to adopt Resolution No. 2004 -03, seconded by BRANSON Kodiak Island Borough January 10, 2004 Volume XXIX Page 4 Manager Carlson said this approved the proposed additions for inclusion in the existing PILT agreement with the Kodiak Island Housing Authority. This would increase the value of the properties and increase the tax base. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Heinrichs, Ranney, Wells, Abell, Bonney, Branson 3. Resolution No. 2004 -04 Adopting the Kodiak Island Borough Strategic Plan for the Years 2004 -2008. ABELL moved to adopt Resolution No. 2004 -04, seconded by BRANSON Manager Carlson said a strategic planning session was held on January 3, 2004 and culminated in the preparation of the Kodiak Island Borough Strategic Plan. This outlined the Kodiak Island Borough's mission, vision, and guiding principles. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Wells, Abell, Bonney, Branson, Heinrichs C. ORDINANCES FOR INTRODUCTION - None. D. OTHER ITEMS 1. Confirmation of Mayoral Appointment to the Parks and Recreation Committee. Mayor LeDoux announced her appointments. BRANSON moved to confirm the mayoral appointment of Jeff Huntley to the Parks and Recreation Committee for a term to expire December 31, 2006, seconded by HEINRICHS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Wells, Abell, Bonney, Branson, Heinrichs, Ranney 2. Confirmation of Mayoral Appointment to the Parks and Recreation Committee. BRANSON moved to confirm the mayoral appointment of Patrick Saltonstall to the Parks and Recreation Committee for a term to expire December 31, 2006, seconded by HEINRICHS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Bonney, Branson, Heinrichs, Ranney, Wells 3. Confirmation of Mayoral Appointment to the Parks and Recreation Committee. WELLS moved to confirm the mayoral appointment of Hans Tschersich to the Parks and Recreation Committee for a term to expire December 31, 2006, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Bonney, Branson, Heinrichs, Ranney, Wells, Abell 4. Confirmation of Mayoral Appointment to a City Seat on the Planning and Zoning Commission. Kodiak Island Borough January 10, 2004 Volume XXIX Page 5 BRANSON moved to confirm the mayoral appointment of Dennis McMUrry to a City seat on the Planning and Zoning Commission for a term to expire December 31, 2006, seconded by HEINRICHS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Heinrichs, Ranney, Wells, Abell, Bonney 5. Confirmation of Mayoral Appointment to a Borough Seat on the Planning and Zoning Commission. WELLS moved to confirm the mayoral appointment of Casey Janz to a December Borough seat on the Planning and Zoning Commission for a term to expire 31, 2006, seconded by BRANSON ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Heinrichs, Ranney, Wells, Abell, Bonney, Branson 6. Confirmation of Mayoral Appointment to a Borough Seat on the Planning and Zoning Commission. BRANSON moved to confirm the mayoral appointment of David King to a Borough seat on the Planning and Zoning Commission for a term to expire December 31, 2006, seconded by HEINRICHS ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Ranney, Wells, Abell, Bonney, Branson, Heinrichs 7. BOARD OF ADJUSTMENT - FINDINGS OF FACT - An Appeal of the Planning and Zoning Commission's Decision on Appeal Case No. 03 -015 Affirming an Administrative Decision, per KIBC 17.90.020A, Denying Zoning Compliance to Construct an Attached b ddeitionOnto an ExistingeMobi9 Home Located at Erdman's (Applicant /Appellant: Erdman Rentals, Dawn Lee Black, Owner) Mayor LeDOUx explained this was a continuation of the November 20, 2003 proceedings of the Board of Adjustment. HEINRICHS moved to adopt the Findings of Fact and Conclusions supporting the d November 20, 2003 Board of Adjustment's No. in015 the Planning ing and om Adin Commission's Deci e o KIBC 17.90.020A, Denying Zoning Compliance to Construct an Attached Decision, p licant /Appellant: Erdman Rentals, Dawn C ed Addition Onto an Existing Mobile Home Located at Erdman's Mobile Home Park Space #9 (APP Lee Black, Owner) by reference, seconded by BRANSON Assemblymember Bonney spoke in opposition. ROLL CALL VOTE ON MOTION CARRIED: Ayes - Wells, Branson, Heinrichs, Ranney, Noes - Abell, Bonney Mayor LeDoux announced the Board of Adjustment's decision shall be mailed to the parties to the appeal within ten working days after the appeal decision and approval of findings of fact. Any person aggrieved by a final decision of the Board of Adjustment under this chapter, may appeal that decision to the superior court within 30 days of this decision. An appeal he to superior court shall be heard solely on che record hb es set B or h o Adjustment. The appeal procedure shall be governed part six of the Rules of Appellate Procedure for the State of Alaska. Volume Page 6 Kodiak Island Borough January 10, 2004 CITIZEN COMMENTS Dawn Black was pleased that some members of the Assembly were aware of problems with the code. She felt that she had been harassed and discriminated against by Borough staff and wanted that alleviated. ASSEMBLYMEMBER COMMENTS Assemblymember Branson clarified that the Borough would not be paying for her travel to the Hospital and Nursing Home Association meetings. She supported reviewing the code and agreed that low income individuals had difficulty affording housing. Assemblymember Heinrichs congratulated Cynthia Shangin as the Student of the Month. He thanked Dr. Carver and Ms. Kelly for their comments about seismic repercussions and was surprised the State did not fund the research. He agreed with Ms. Black's comments and wanted discussion with the Planning and Zoning Commission. Assemblymember Bonney was concerned about Ms. Black's comments. He was very concerned about Department of Natural Resources and wanted a resolution stating the Borough's position on use of recreational land. Assemblymember Wells thanked the new Board members for volunteering for a lot of hard work. She also wanted to look at trailer parks and land use issues with the Commission. She thanked Dr. Carver and Ms. Kelley. Assemblymember Abell wanted to discuss the seismic event issues at a work session as well as trailer parks. He wished everyone a happy new year. Assemblymember Ranney wanted to look for funds to study the school for seismic stability. ANNOUNCEMENTS Mayor LeDoux announced the Assembly would meet in a work session on January 22 at 7:30 p.m. in the Borough conference room and a regular meeting on January 29 at 7:30 p.m. in the assembly chambers. The Kodiak Island Borough offices will be closed on Monday, January 19, 2004 in observance of Martin Luther King's birthday. ADJOURNMENT There being no objection, the meeting was adjourned at 12:25 p.m. ATTEST: udith A. Niels An, CMC, Clerk Kodiak Island Borough January 10, 2004 Gabrielle LeDoux, Mayor Approved: 02/19/2004 Volume XXIX Page 7