2002-01-03 Regular MeetingKODIAK ISLAND BOROUGH
Regular Assembly Meeting
January 3, 2002
A regular meeting of the Kodiak Island Borough Assembly
was held January 3, 2002 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 Captain Dave Davis of the
Salvation Army, followed by the Pledge of Allegiance.
There were present: ROLL CALL
Assemblymembers:
Robin Heinrichs, Deputy Mayor
Tom Abell Wayne Stevens
Pat Branson Darlene Turner
Greg Razo
Absent:
Mayor LeDoux
Tuck Bonney
comprising a quorum of the Assembly; and
Pat Carlson, Manager
Judi Nielsen, Borough Clerk
Nova Javier, Deputy Clerk
TURNER, moved to excuse
seconded by BRANSON Assemblymember Bonney
VOTE ON MOTION TO EXCUSE
MOTION CARRIED
APPROVAL OF AGENDA
RAZO,
seconded by BRANSON
VOTE ON MOTION TO APPROVE
MOTION CARRIED
APPROVAL OF MINUTES
Regular Assembly Meeting
January 3, 2002
Unanimous voice vote
moved to approve the
agenda.
Unanimous voice vote
1. Kodiak Island Borough Assembly Regular Meeting
Minutes of September 6 and November 1, 2001.
BRANSON, moved to approve the
seconded by TURNER minutes as submitted.
Assemblymember Branson noted that on page 3 of the
November 1 minutes a motion was made and seconded by
Assemblymember Turner.
Assemblymember Turner noted that on page 2 of the
September 6 minutes Dr. Carver's first name should be
corrected from York to Gary.
REGULAR MEETING
APPROVAL OF
AGENDA
APPROVAL OF
MINUTES
Volume XXVII
Page 116
VOTE ON MOTION TO APPROVE AS CORRECTED
MOTION CARRIED Unanimous voice vote
AWARDS AND PRESENTATIONS
None.
CITIZENS' COMMENTS
Captain Davis thanked the Assembly for their service to
the community.
COMMITTEE REPORTS
None.
PUBLIC HEARING
A. Ordinance No. 2001 -21 Rezoning Lot 29 -A, of U.S.
Survey 2539, From C- Conservation To RR1 -Rural
Residential One, in Accordance with the Map Attached
Dated November 6, 2001 (Exhibit A) (Located Between
Shannon Point and Frye Point Along Womens Bay).
RAZO, moved to adopt
seconded by BRANSON Ordinance No. 2001 -21.
Manager Carlson said the request was to rezone a 34.78
acre portion of U.S. Survey 2539, from C- Conservation to
RR1 -Rural Residential one. He noted that the property was
not in the current comprehensive plan. He felt there
would be sufficient water and sewer on the site. He urged
the Assembly to adopt the resolution based on the Planning
and Zoning Commission recommendation.
Deputy Mayor Heinrichs informed the public that they could
listen to KMXT 100.1 FM for a clearer audio reception of
the meeting.
Michael Brechan, Vulcan Company Representative, thanked
the Borough staff for their cooperation with the proposed
subdivision. He felt it was beneficial to the community.
VOTE ON MOTION TO ADOPT
Ayes: Abell, Branson, Heinrichs,
Razo, Stevens, Turner
Noes: None
Absent: Bonney
MOTION CARRIED Unanimous
BOROUGH MANAGER'S REPORT
Manager Carlson wished everyone a happy new year. He
reported that he and staff began working on the budget.
He also worked on the revision of the CIP list. He thanked
Regular Assembly Meeting
January 3, 2002
AWARDS AND
PRESENTATIONS
CITIZENS'
COMMENTS
COMMITTEE REPORTS
PUBLIC HEARING
ORDINANCE
No. 2001 -21
MANAGER'S
REPORT
Volume XXVII
Page 117
SWAMC for the mitigation funds. He mentioned that
Michelle Conrad was hired as the new general accountant
and that the new appraiser and new assistant clerk would
be on board soon.
He asked the public to dispose of their garbage properly
by using a dumpster that is not full and not using an
already overflowing dumpster as had happened on Larch
Street. He said that an ordinance against littering was
in place and would be enforced in the Borough.
MESSAGES FROM THE BOROUGH MAYOR
Deputy Mayor Heinrichs wished everyone a happy new year.
He said the Assembly had a lot to be thankful for and he
was pleased to see the momentum of the Assembly. He was
glad to enter into the budget process.
UNFINISHED BUSINESS
Deputy Mayor Heinrichs recessed the regular meeting and
convened the Board of Adjustment.
A. BOARD OF ADJUSTMENT
An Appeal of the Planning and Zoning Commission's
Decision to Continue to Allow Mr. Charles Lorenson
to Utilize the Property of his Mother, Mrs. Betty
Lorenson, Located at 3315 Spruce Cape Road Regarding
an Appeal of the Planning and Zoning Commission's
Decision on Case No. PZ01 -033 Appeal of an
Administrative Decision, Under Section 17.90.010 of
the Kodiak Island Borough Code, Ordering the
Cessation of the Business Use of the Property
Located at 3315 Spruce Cape Rd.; Further Requesting
that a Non - conforming Business Use of the Land and
Building be Recognized Predicated Upon Past Use;
Further Requesting that Such Non - conforming Use of
Land and Building be Allowed to Relocate and Expand.
(Appellant: Mrs. Betty Lorenson; Complainant: Teri
Schneider) (Appellant: Teri Schneider)
Deputy Mayor Heinrichs noted that the Borough attorney
requested that the Assembly postpone the appeal to allow
sufficient time to respond to their questions.
TURNER,
seconded by BRANSON
Regular Assembly Meeting
January 3, 2002
moved to postpone the
Appeal of the Planning and
Zoning Commission's Decision
to Continue to Allow Mr.
Charles Lorenson to Utilize
the Property of his Mother,
Mrs. Betty Lorenson, Located
at 3315 Spruce Cape Road
Regarding an Appeal of the
Planning and Zoning
Commission's Decision on
Case No. PZ01 -033 Appeal of
an Administrative Decision,
Under Section 17.90.010 of
the Kodiak Island Borough
MESSAGES FROM THE
MAYOR
UNFINISHED
BUSINESS
BOARD OF
ADJUSTMENT
Volume XXVII
Page 118
ROLL CALL VOTE ON MOTION
Ayes: Branson, Heinrichs, Razo,
Stevens, Turner, Abell
Noes: None
Absent: Bonney
MOTION CARRIED Unanimous
Deputy mayor Heinrichs adjourned the Board of Adjustment
meeting and reconvened the regular meeting.
NEW BUSINESS
A. CONTRACTS
None.
B. RESOLUTIONS
None.
C. ORDINANCES FOR INTRODUCTION
None.
D. OTHER ITEMS
1. Vacation of Portions of a State Highway
Easement, Reducing the Width of the State
Highway Easement from One Hundred (100) Feet to
Sixty (60) Feet, Over the Northerly Half of
U.S. Survey 2878. (Kalsin Bay)
RAZO,
seconded by STEVENS
Regular Assembly Meeting
January 3, 2002
Code, Ordering the Cessation
of the Business Use of the
Property Located at 3315
Spruce Cape Rd.; Further
Requesting that a Non-
conforming Business Use of
the Land and Building be
Recognized Predicated Upon
Past Use; Further Requesting
that Such Non - conforming Use
of Land and Building be
Allowed to Relocate and
Expand. (Appellant: Mrs.
Betty Lorenson; Complainant:
Teri Schneider) (Appellant:
Teri Schneider)
moved to approve the
vacation of portions of a
state highway easement,
reducing the width of the
state highway easement
from one hundred feet to
sixty feet, over the
northerly half of U.S.
survey 2878. (Kalsin Bay)
NEW BUSINESS
CONTRACTS
RESOLUTIONS
ORDINANCES FOR
INTRODUCTION
OTHER ITEMS
VACATION
Volume XXVII
Page 119
Manager Carlson said the easement was no longer used by
the Department of Transportation and development of the
property was impacted. He said the State maintained the
right to access the beach property.
ROLL CALL VOTE ON MOTION
Ayes: Heinrichs, Razo, Stevens,
Turner, Abell, Branson
Noes:
Absent:
MOTION CARRIED
2. Confirmation of Mayoral Appointments to the
Personnel Advisory Board.
BRANSON,
seconded by STEVENS
ROLL CALL VOTE ON MOTION
Ayes: Razo, Stevens, Turner,
Abell, Branson, Heinrichs
Noes:
Absent:
MOTION CARRIED
3. Confirmation of Mayoral Appointments to the
Airport Advisory Committee.
STEVENS,
seconded by TURNER
ROLL CALL VOTE ON MOTION
Ayes:
Noes:
Absent:
MOTION CARRIED
Regular Assembly Meeting
January 3, 2002
None
Bonney
Unanimous
moved to confirm the
mayoral appointments of
Linda Moore and Ted F.
Wade Jr. to three -year
terms on the Personnel
Advisory Board to expire
December 2004.
None
Bonney
Unanimous
moved to confirm the
mayoral appointments of
Penny Jordahl and Ted F.
Wade Jr. to three -year
terms on the Airport
Advisory Committee to
expire December 2004.
Stevens, Turner, Abell,
Branson, Heinrichs, Razo
None
Bonney
Unanimous
CONFIRMATION OF
MAYORAL
APPOINTMENTS TO
THE PERSONNEL
ADVISORY BOARD
CONFIRMATION OF
MAYOR
APPOINTMENTS TO
THE AIRPORT
ADVISORY
COMMITTEE
Volume XXVII
Page 120
4. Confirmation of Mayoral Appointments to the
Architectural Review /Building Code Board of Appeals.
RAZO,
seconded by BRANSON
ROLL CALL VOTE ON MOTION
Ayes: Turner, Abell, Branson,
Heinrichs, Razo, Stevens
Noes:
Absent:
MOTION CARRIED
5. Confirmation of Mayoral Appointments to the Parks
and Recreation Committee.
TURNER,
seconded by BRANSON
ROLL CALL VOTE ON MOTION
Ayes:
Noes:
Absent:
MOTION CARRIED
CITIZENS' COMMENTS
Joe Hart, City of Kodiak Fire Chief, hoped the Assembly
would consider how emergency services and fire protection
would be provided in areas that are being developed.
Regular Assembly Meeting
January 3, 2002
to confirm the mayoral
appointments of Gregg
Hacker and Ted F. Wade
Jr. to three -year terms
on the Architectural
Review /Building Code
Board of Appeals to
expire December 2004.
None
Bonney
Unanimous
to confirm the mayoral
appointments of Peggy A.
Dvorak and Mike Sirofchuk
to one -year terms to
expire December 2002;
Daniel M. Jessup, Patrick
Saltonstall, and Hans
Tschersich to two -year
terms to expire December
2003; and Kenneth Hansen
and Vince Walser to three
year terms to expire
December 2004 on the
Parks and Recreation
Committee.
Abell, Branson,
Heinrichs, Razo, Stevens,
Turner
None
Bonney
Unanimous
CONFIRMATION OF
MAYOR
APPOINTMENTS TO
THE ARCHITECTURAL
REVIEW /BUILDING
CODE BOARD OF
APPEALS
CONFIRMATION OF
MAYOR
APPOINTMENTS TO
THE PARKS AND
RECREATION
COMMITTEE
CITIZEN'S
COMMENTS
Volume XXVII
Page 121
Deputy Mayor Heinrichs assured Chief Hart that discussion
does take place during Assembly's deliberative process and
evaluation of subdivisions.
ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER
COMMENTS
Assemblymember Razo was disappointed to see the Stratman/
Leisnoi discussion continue in the local newspaper as a
newspaper war would not facilitate a resolution. He hoped
for a good start for new year. He saw Kodiak residents as
diverse people and respect was important.
Assemblymember Abell wanted to see the Borough dispose of
the land and suggested the P &Z Commission review large
parcels. He wished everyone a happy new year.
Assemblymember Turner wished everyone a happy, safe, and
prosperous new year. She was glad to see people moving to
Kodiak and expected further development. She encouraged
Borough, City, and Village residents to volunteer.
Assemblymember Stevens agreed with concerns about
emergency services in areas outside service areas and the
need for volunteers. He said the coordinated effort of
Borough staff and residents was needed to enforce and
prosecute those who dispose of garbage improperly. He
wished everyone a happy new year.
Assemblymember Branson thought to revisit the littering
ordinance to ensure enforcement. She thanked those who
volunteered and wished everyone a happy new year.
Deputy Mayor Heinrichs said the reception that celebrates
the role of volunteers and their contributions to the
community was in the planning pocess.
He announced that the Assembly would meet in a work
session on Thursday, January 10 at 7:30 p.m. in the
Borough conference room; a joint Assembly /City Council
work session on Tuesday, January 15 at 7:30 p.m. in the
Borough conference room; and a regular meeting on
Thursday, January 17, at 7:30 p.m. in the assembly
chambers. Borough offices would be closed on Monday,
January 21 in observance of Martin Luther King's Day. He
invited the public to join him for cake to celebrate
Assemblymember Bonney's birthday.
ADJOURNMENT ADJOURNMENT
There being no further business to come before the
Assembly, the meeting adjourned at 8:05 p.m.
ATTEST:
G/Cdf-Z .a;J
/udith A. Niels gin, CMC
Borough Clerk
Regular Assembly Meeting
January 3, 2002
Gabrielle LeDoux, Mayor
Approved: 01/17/2002
Volume XXVII
Page 122