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2002-01-17 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting January 17, 2002 A regular meeting of the Kodiak Island Borough Assembly was held January 17, 2002 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. invocation The was given Kodiak PoliceDepart b ment ,followed n P by the Pledge of Allegiance. There were present: Assembly members: Robin Heinrichs Tom Abell Pat Branson Tuck Bonney Absent: Mayor LeDoux comprising a quorum of the Assembly; and Pat Carlson, Manager Judi Nielsen, Borough Clerk Nova Javier, Deputy Clerk APPROVAL OF AGENDA BRANSON, Seconded by RAZO STEVENS, seconded by BRANSON VOTE ON MOTION TO AMEND Ayes: Regular Assembly Meeting January 17, 2002 , Deputy Mayor Greg Razo Wayne Stevens Darlene Turner moved to approve the agenda. moved to amend the agenda by adding item 13.B.1 Resolution No. 2002 -01 Urging the Alaska Legislature to Fully Fund the Request of the University of Alaska as Presented in Governor Knowles 2003 Budget and Item 13.B.2 Resolution No. 2001 -02 Supporting a Project by the Alaska Department of Transportation and Public Facilities to Seek National Recognition of the Alaska Marine Highway as a National Scenic Byway. Abell, Bonney, Branson, Heinrichs, Razo, Stevens, Turner REGULAR MEETING ROLL CALL APPROVAL OF AGENDA Volume XXVII Page 123 Noes: None MOTION CARRIED Unanimous VOTE ON MOTION TO APPROVE AS AMENDED MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES 1. Kodiak Island Borough Assembly Regular Meetings of November 15, December 6, and December 20, 2001; and January 3, 2002. RAZO, moved to approve the seconded by BRANSON minutes as submitted. Deputy Mayor Heinrichs presented the Student of the Month Award to Daniel Kiefer, a junior at the Kodiak Alternative High School. Daniel Kiefer accepted the Award. B. Employee Longevity Award Manager Carlson presented a five -year Employee Longevity Award to Meagan Christiansen, secretary III in the Finance Department. C. Employee of the Quarter Manager Carlson presented the Employee of the Quarter Award to Alan Torres, Engineering and Facilities Department, baler operator I at the landfill facility. CITIZENS' COMMENTS Don Roberts read a letter calling for an informed, involved, and responsive process of addressing the needs of the community through advisory boards. Evan Jones, Kodiak Baptist Mission director, did not oppose the proposed Mission Lake Service Area; however, the Mission had no buildings around the lake, yet the Mission would pay the largest portion of the tax. He thought to possibly subdivide the property. Duncan Fields read a report from the Kodiak Salmon Workgroup and thanked the Assembly for their support. Deputy Mayor Heinrichs understood this would be a tagging study. Mr. Fields said the Department of Fish and Game would use a new scientific analysis of sockeye genes to determine stock and origin. Regular Assembly Meeting January 17, 2002 APPROVAL OF MINUTES VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote AWARDS AND AWARDS AND PRESENTATIONS PRESENTATIONS A. Student of the Month STUDENT OF THE MONTH EMPLOYEE LONGEVITY AWARD EMPLOYEE OF QUARTER CITIZENS' COMMENTS Volume XXVII Page 124 Assemblymember Razo said the Kodiak Salmon Workgroup spent many hours on the meeting and preparing documents. He hoped this would provide economic stability for Kodiak. Rav Jackson, ATV club, asked what the Assembly's intent was regarding ATV trails. Assemblymember Bonney said the intent was to form an ad- hoc and seek federal grants for ATV trails, licensing, and safety needs; as well as hiking trails. Manager Carlson said the committee was not to stop ATV use but would prepare a comprehensive plan for ATVs. Currently there were no licensing requirements and there was a concern that young people driving at high speeds on residential streets could cause significant injury, damage, or death. Assemblymember Bonney was not opposed to four - wheelers. He wanted to address environmental impacts and to move in a direction where the right to use ATVs was not taken away. Assemblymember Turner asked Mr. Jackson to give the ATV club information to the clerks office so they could inform the club when meetings were scheduled. Dan Oaa solicited support of Resolution No. 2002 -01 that requested full funding for the University of Alaska in Governor Knowles' 2003 budget. Jeff Stephan, United Fisherman's Marketing Association, thanked the Assembly for supporting the Kodiak Salmon Work Group. COMMITTEE REPORTS Assemblymember Branson would attend the Alaska Municipal League Board of directors meeting next week in Juneau that would include a legislative fiscal caucus. Assemblymember Stevens met with Manager Carlson, Director Bob Poe, and Jim McMillan at the abandoned airport property. He felt Mr. Poe and Mr. McMillan returned to Anchorage with a new appreciation of their one million dollar property that was actually in a miserably decayed condition. In response to Assemblymember Razo, Jeff Stephan, School Board member, said the Board met for a budget session last week and expected to meet each week on a different funding element to ensure current programs were maintained. The process was open to the public. He anticipated a shortfall of funds. PUBLIC HEARING None. Regular Assembly Meeting January 17, 2002 COMMITTEE REPORTS PUBLIC HEARING Volume XXVII Page 125 BOROUGH MANAGER'S REPORT Manager Carlson reported that the AIDA trip was positive and the $500,000 request for planning and designing was placed in the FAA budget as a priority. He noted his continuing work on the Borough budget. He was subpoenaed by the Aleutians East Borough regarding redistricting. He felt it was clear that plans 1 and 2, at a cost of $5- 7,000, were the best for the state and asked the Assembly for their support. The Assembly expressed their support. Deputy Mayor Heinrichs spoke of the Department of Transportation's (DOT) plan for a new facility at the airport and urged that staff be involved in drafting the plan. Manager Carlson said Duane Dvorak, Community Development Department director, was working with DOT and would begin with a local advisory committee, a review process, and then a public process. MESSAGES FROM THE BOROUGH MAYOR Deputy Mayor Heinrichs congratulated Dan Kiefer as the Student of the Month stating he had a bright future. He congratulated Meagan Christiansen on her Longevity Award and Alan Torres as Employee of the Quarter. UNFINISHED BUSINESS BOARD OF ADJUSTMENT ************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Deputy Mayor Heinrichs recessed the regular meeting and reconvened the 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 explained that this continued the December 6, 2001 and January 3, 2002 proceedings of the Board of Adjustment. In response to Deputy Mayor Heinrichs, Assemblymembers Bonney and Razo said they reviewed the tapes of the Regular Assembly Meeting January 17, 2002 MANAGERS REPORT MESSAGES FROM THE MAYOR UNFINISHED BUSINESS BOARD OF ADJUSTMENT Volume XXVII Page 126 December 6, 2001 Board of Adjustment. The January 3, 2002 Board of Adjustment was postponed to January 17, 2002 without discussion. Assembly member Razo indicated he had a brief business relationship with the Lorenson family. Deputy Mayor Heinrichs ruled no conflict of interest. THE MOTION TO grant 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 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 WAS BEFORE THE ASSEMBLY. Deputy Mayor Heinrichs asked if the Board wished to convene into executive session. RAZO, moved to convene into seconded by TURNER executive session for deliberation as a quasi judicial board. VOTE ON MOTION Ayes: Noes: MOTION CARRIED Branson, Heinrichs, Razo, Stevens, Turner Bonney, Abell 5 Ayes, 2 Noes At 8:43 p.m. Deputy Mayor Heinrichs recessed the Board of Adjustment to a ten minute recess, followed by executive session. At the request of Clerk Nielsen, Deputy Mayor Heinrichs reconvened the Board of Adjustment, invited Manager Carlson and clerk's office staff to join in the executive session and recessed the Board of Adjustment. At 9:44 p.m. Deputy Mayor Heinrichs reconvened the Board of Adjustment. STEVENS, moved to amend the motion seconded by BRANSON by replacing the words "grant the appeal of" with the word "reverse ". Assemblymember Stevens said this wording was specific with Borough code. Clerk Nielsen, clarified that if the Board approved the motion, the Commission's decision was reversed. If the motion failed the Commission's decision was affirmed. Regular Assembly Meeting January 17, 2002 Volume XXVII Page 127 VOTE ON MOTION TO AMEND Ayes: Branson, Heinrichs, Razo, Stevens, Turner, Abell Noes: None Absent: Bonney MOTION CARRIED Unanimous It was noted that Assembly member Bonney was taken ill and left the meeting prior to the executive session. Assemblymember Razo said the question was whether the Planning and Zoning Commission properly allowed a non- conforming use. The property zoning was changed to R2 and then a new structure was built. It was the use of the structure, not the structure, that is the issue. He said the Board of Adjustment had three questions: 1) Can non- conforming rights established on property be relocated to another portion or the same property, and the use be relocated to this new area? No, there can't be a relocation of non - conforming rights from one location to another location on the same property. 2) When a commercial use becomes a non - conforming use in a residential district, can the commercial use be changed to another commercial use interchangeably? No, grandfathering of that use allows only that use to continue. The use that did exist prior to 1980, is not exactly the same use existing today; and 3) Can a non - conforming structure and /or land be expanded to utilize more lot area or structure or both? No, the code is clear that a structure containing non - conforming, non - residential uses may not be expanded. He wanted Borough staff to be clear that zoning compliance was ensured. Assemblymember Turner was troubled by the building permit process through the City by contract with the Borough. When a use was approved it was that the use was appropriate. In this case, the zoning compliance and building permit were not complete as they did not state the use of the structure. Assemblymember Branson thanked Assemblymember Razo for his summary as this was a tough and emotional case, but the need was to follow the law. Assemblymember Abell was concerned that an individual was allowed to work through the system and then years later was found to be non - conforming with Borough law. He thought to abstain from voting. Regular Assembly Meeting January 17, 2002 Volume XXVII Page 128 Assemblymember Stevens agreed with Assemblymember Abell by saying that the accessory building was legal; however, the use of the building was questionable. STEVENS, move to amend by adding a seconded by TURNER deadline of 18 months after adoption of findings -of -fact to abate the zoning violation documented in the planning and zoning case PZ01 -033 located at 3315 Spruce Cape Road. Assemblymember Stevens said this was a difficult decision because the neighborhood had dramatic changes from the past. This was not the building but the use of the building and he wanted to allow two building seasons to change the use of the building. Assemblymember Turner felt 18 months to relocate was appropriate. Assemblymember Razo wanted to protect Borough law; however, he thought enforcement should be reviewed. Clerk Nielsen explained that, unless excused for conflict of interest, if a member refused to vote, the vote would be cast to the prevailing side. Assemblymember Abell considered that 18 months was not enough time. His motion to amend the amendment to increase to 48 months from 18 months died for a lack of a second. VOTE ON MOTION TO AMEND Ayes: Heinrichs, Razo, Stevens, Turner, Abell, Branson Noes: None Absent: Bonney MOTION CARRIED Unanimous Assemblymember Stevens said it was difficult when neighborhood had changing needs. The Board wanted to make the process equitable yet still uphold the laws of the Borough. He anticipated more conflicts over time as the community continued to grow. VOTE ON MOTION TO REVERSE AS AMENDED Ayes: Noes: Absent: Regular Assembly Meeting January 17, 2002 Razo, Stevens, Turner, Abell, Branson, Heinrichs None Bonney Volume XXVII Page 129 MOTION CARRIED Unanimous Stevens, Seconded by BRANSON VOTE ON MOTION TO POSTPONE Ayes: Noes: Absent: MOTION CARRIED NEW BUSINESS A. CONTRACTS None. B. RESOLUTIONS Regular Assembly Meeting January 17, 2002 moved to postpone the findings -of -fact on the appeal of Planning and Zoning Commission Case No. 01 -033 to the meeting of February 7, 2002. Stevens, Turner, Abell, Branson, Heinrichs, Razo None Bonney Unanimous Deputy Mayor Heinrichs requested Manager Carlson to prepare the findings of fact. Deputy Mayor Heinrichs announced that 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 the final decision of the Board of Adjustment may appeal that decision to the superior court. At 10:10 p.m., Deputy Mayor Heinrichs adjourned the Board of Adjustment and reconvened the regular meeting. 1. Resolution No. 2002 -01 Urging the Alaska Legislature to Fully Fund the Request of the University of Alaska as Presented in Governor Knowles' 2003 Budget. BRANSON, moved to adopt Resolution seconded by STEVENS No. 2002 -01. Assemblymember Stevens said University President Hamilton was successful in acquiring additional funds which also benefited Kodiak College. He supported efforts to turn the University into a leadership unit. Deputy Mayor Heinrichs spoke in favor of the resolution. VOTE ON MOTION TO ADOPT Ayes: Turner, Abell, Branson, Heinrichs, Razo, Stevens NEW BUSINESS CONTRACTS RESOLUTIONS RESOLUTION NO. 2002 -01 Volume XXVII Page 130 Noes: Absent: MOTION CARRIED None Bonney Unanimous 2. Resolution No. 2002 -02 Supporting a Project by the Alaska Department of Transportation and Public Facilities to Seek National Recognition of Alaska's Marine Highway as a National Scenic Byway. TURNER, moved to adopt Resolution seconded by BRANSON No. 2002 -02. Manager Carlson said the resolution was requested by the Department of Transportation (DOT) and legislative representatives in Juneau seeking federal recognition to have the Alaska Marine Highway recognized on a national level. Assemblymember Stevens said DOT was working in conjunction with the Alaska tourism industry on the event of its 40th anniversary. He felt this marketing tool would help rebuild Alaska's tourism industry. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED C. ORDINANCES FOR INTRODUCTION RAZO, seconded by BRANSON RAZO, seconded by STEVENS Regular Assembly Meeting January 17, 2002 Abell, Branson, Heinrichs, Razo, Stevens, Turner None Bonney Unanimous 1. Ordinance No. 2002 -01 Amending Title 2 Administration and Personnel Chapter 2.49 Arts Council Advisory Committee Section 2.49.010 Created -- Membership. moved to adopt Ordinance No. 2002 -01 in first reading to advance to public hearing on February 7, 2002. Manager Carlson said this would bring the appointment process into compliance with state statutes to ensure the governing body retained the authority to confirm committee appointments. The Council retained the right to review the applications and submit comments. move to amend in the first whereas by replacing the words: "Kodiak Arts Council Inc RESOLUTION NO. 2002 -02 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 2002 -01 Volume XXVII Page 131 Assemblymember Razo said this would reflect the correct formal corporate name. VOTE ON MOTION TO AMEND Ayes: Branson, Heinrichs, Razo, Stevens, Turner, Abell Noes: None Absent: Bonney MOTION CARRIED Unanimous 2. Ordinance No. 2002 -02 Providing for the ORDINANCE Submission to the Qualified Voters the Question NO. 2002 -02 of Establishing the Mission Lake Service Area to Provide Construction, Operation, and Maintenance of the Mission Lake Tide Gate. TURNER, seconded by RAZO Manager Carlson said Mission Lake property owners asked for this because the tide gate, that ensured high tides remained out of the lake, was not working properly. This would require a vote of the voters in the proposed service area. Assemblymember Stevens said a citizen asked that the boundaries only incorporate the east side of Mission Road. He asked if the ordinance set those boundaries. Manager Carlson said the service area criteria was that property owners gaining the service paid the costs. He would communicate with Mission representatives to start the two to three month administrative process. Deputy Mayor Heinrichs encouraged staff to work with Mr. Jones on the subdivision of the property. Assemblymember Razo suggested that the Borough maintain the tide gate in the interim. He hoped costs would be recouped with formation of the service area. VOTE ON MOTION TO ADVANCE Noes: None Absent: Bonney Regular Assembly Meeting January 17, 2002 with Kodiak - Baranof Production, Inc. dba Kodiak Arts Council" moved to adopt Ordinance No. 2002 -02 in first reading to advance to public hearing on February 7, 2002. Ayes: Razo, Stevens, Turner, Abell, Branson, Heinrichs Volume XXVII Page 132 MOTION CARRIED Unanimous D. OTHER ITEMS 1. Vacation of Portions of Utility and Road Maintenance Easement Ranging in Width from Ten (10) to Fifteen (15) feet in accordance with KIBC 16.60, Located Along the Beaver Lake Drive frontage of Block 2, Selief Estates. STEVENS, seconded by BRANSON VOTE ON MOTION Noes: Absent: MOTION CARRIED BRANSON, seconded by STEVENS VOTE ON MOTION TO CONFIRM Regular Assembly Meeting January 17, 2002 moved to approve the vacation of portions of utility and road maintenance easement ranging in width from ten to fifteen feet in accordance with KIBC 16.60, located along the Beaver Lake Drive frontage of Block 2, Selief Estates. Manager Carlson said this large tract was sold at the Borough land auction. During the process an extensive drainage road maintenance easement along Beaver Lake Drive was required and the property owner sought to have the unnecessary easement vacated. Existing drainage would be accommodated in the road bed. Ayes: Stevens, Turner, Abel, Branson, Heinrichs, Razo None Bonney Unanimous 2. Confirmation of Mayoral Appointment to the Planning and Zoning Commission. moved to confirm the mayoral appointment of Cheryl Boehland to a City seat to expire December 2004 on the Planning and Zoning Commission. Clerk Nielsen related that the City Council submitted their recommended appointment of Ms. Boehland. Assemblymember Razo thanked applicants for interviewing with the Assembly. He congratulated Ms. Boehland. Ayes: Turner, Abell, Branson, Heinrichs, Razo, Stevens OTHER ITEMS EASEMENT VACATION CONFIRMATION OF MAYORAL APPOINTMENT TO THE P &ZC Volume XXVII Page 133 Noes: Absent: MOTION CARRIED 3. Architectural Vacancyew of App eals RAZO, BRANSON seconded by Regular Assembly Meeting January 17, 2002 None Bonney Unanimous Board /Building Code Board ARCHITECTURAL REVIEW BOARD VACANCY moved to the vacated by Gerald on the Architectural Review Board/Building Code Board of App eals vacant and direct the clerk to advertise the vacancy per ough Code. Clerk Nielsen said Mr. Cloudy had moved from Kodiak. VOTE ON MOTION Abell, Branson, Stevens, Ayes: Heinrichs Turner None Noes: Bonney Absent: Unanimous MOTION CARRIED CITIZENS' COMMENTS difficult cult pr As the complainant, Adjustment difficult pro position. She wanted put in an unfortunate and difficult p enforcement issues addressedias. current enforcement was only brought about Marie Chandler added her viewpoint on Kodiak's diversity. ASSEMBLY MEMBER COMMENTS Assemblymember Branson congratulated Daniel Kiefer as Longent Meagan Christianson TorresasEmployeer her of the Longevity Quarter. Assemblymember Stevens congratulated Daniel Kiefer, Meagan Christiansen, and Alan Torres. He agreed that e fo ce ent a by complaint was difficult and p d g f cos of awkward situation. He wondered how to pay He was additional staff to enforce without co eplaintadded that pleased that the mil levy wa additional enforcement responsibilities had associated costs. Asemblymmber tulated Megan recognized Christiansen Kiefer and model. She congr gra Torres. She thanked the Kodiak Salmon Work Group. CITIZENS COMMENTS ASSEMBLY MEMBER COMMENTS Volume XXVII Page 134 Assemblymember Abell said the Assembly had to follow the law. He applauded residents who came forward. He felt the Borough had a great system. He stated "God bless America ". Assemblymember Razo said the Assembly and City Council continued to discuss crab rationalization. The Assembly adopted a resolution in November urging the North Pacific Fisheries Management Council to ensure the volume of Bering Sea Red King crab and Bering See Opilio crab that has been delivered to Kodiak Island Borough be preserved. ANNOUNCEMENTS Deputy Mayor Heinrichs announced that the Assembly would meet in a work session on Thursday, January 24 at 7:30 p.m. in the Borough conference room and a regular meeting on Thursday, February 7, at 7:30 p.m. in the assembly chambers. Members of the Assembly would travel to Anchorage to attend the SWAMC 2002 Winter Conference January 30 - February 2, 2002 and to Juneau to attend legislative meetings and a legislative reception February 2 -5, 2002. The Kodiak Island Borough offices would be closed on Monday, January 21, 2002 in observance of Martin Luther King Jr. Day. ADJOURNMENT There being no further business Assembly, the meeting adjourned ATTEST: x(04, � Judith A. Ni lsen, CMC Borough Clerk Regular Assembly Meeting January 17, 2002 to come before the at 10:42 p.m. Approved: 03/07/2002 ANNOUNCEMENTS ADJOURNMENT Volume XXVII Page 135