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2002-02-07 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting February 7, 2002 A regular meeting of the Kodiak Island Borough Assembly was held February 7, 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: Mayor: Gabrielle LeDoux Assemblymembers: Tom Abell Pat Branson Tuck Bonney Absent: Darlene Turner comprising a quorum of the Assembly; and Pat Carlson, Manager Judi Nielsen, Borough Clerk Nova Javier, Deputy Clerk RAZO, seconded by BRANSON VOTE ON MOTION TO EXCUSE MOTION CARRIED APPROVAL OF AGENDA RAZO, seconded by HEINRICHS HEINRICHS, seconded by BRANSON Robin Heinrichs Greg Razo Wayne Stevens moved to excuse Assemblymember Turner. Unanimous voice vote moved to approve the agenda. moved to amend the agenda by adding item 13.B.4 Resolution No. 2002 -06 Expressing Support for the "Tri Borough Position Paper" Regarding the 2002 -2007 Outer Continental Shelf Federal Oil and Gas Leasing Program for Lower Cook Inlet. Manager Carlson said this would update Resolution No. 93 -43 and immediate adoption was necessary because of the time deadline. VOTE ON MOTION TO AMEND Ayes: Abell, Bonney, Branson, Heinrichs, Razo, Stevens Regular Assembly Meeting February 7, 2002 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA Volume XXVII Page 136 Noes: Absent: MOTION CARRIED PUBLIC HEARING MOTION CARRIED APPROVAL OF MINUTES None. Regular Assembly Meeting February 7, 2002 None Turner Unanimous VOTE ON MOTION TO APPROVE AS AMENDED Unanimous voice vote AWARDS AND PRESENTATIONS Manager Carlson presented the Employee of the Year Award to Bill Bissett, Engineering /Facilities Department maintenance engineer at the Kodiak Fisheries Research Center. CITIZENS' COMMENTS Evelyn Mortimer, Senior Citizens of Kodiak president, appreciated the Assembly's continued support of seniors and provided an update on the issues affecting their economic well- being. COMMITTEE REPORTS Assemblymember Bonney said the first ATV Ad -hoc Advisory Committee meeting on Monday, January 29 was well- attended by various government agency representatives. He said the Parks and Recreation Committee held their first meeting on Wednesday, February 6. Assemblymember Stevens attended the very productive SWAMC Conference with Assemblymembers Abell and Turner, Mayor LeDoux, and Manager Carlson. Assemblymember Branson said her trip to Juneau to meet with government representatives was beneficial. Assemblymember Razo participated in the School District's budget review meetings. The budget process this year would be strenuous compared to previous years. He encouraged residents to contact their legislators in support of additional funding for education. Assemblymember Branson wanted to give attention to HB 211 that would require an annual inflation adjustment to the base student allocation. A. Ordinance No. 2002 -01 Amending Title 2 Administration and Personnel Chapter 2.49 Arts Council Advisory Committee Section 2.49.010 Created- - Membership. STEVENS, moved to adopt Ordinance seconded by RAZO No. 2002 -01. APPROVAL OF MINUTES AWARDS AND PRESENTATIONS CITIZENS' COMMENTS COMMITTEE REPORTS PUBLIC HEARING ORDINANCE NO. 2002 -01 Volume XXVII Page 137 Manager Carlson said this brought the appointment process in compliance with Alaska Statutes 29.30.320. RAZO, moved to amend Ordinance seconded by STEVENS No. 2002 -01 by substitution. Manager Carlson said this reflected the correct title of the Kodiak Baranof Productions, Inc. d.b.a. Kodiak Arts Council. VOTE ON MOTION TO AMEND Ayes: Bonney, Branson, Heinrichs, Razo, Stevens, Abell Noes: None Absent: Turner MOTION CARRIED Unanimous VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Branson, Heinrichs, Razo, Stevens, Abell, Bonney Noes: None Absent: Turner MOTION CARRIED Unanimous B. Ordinance No. 2002 -02 Calling for a Special By- ORDINANCE Mail Election to Submit to the Qualified Voters NO. 2002 -02 the Question of Establishing the Mission Lake Service Area to Provide Construction, Operation, and Maintenance of the Mission Lake Tide Gate. BONNEY, moved to adopt Ordinance seconded by HEINRICHS No. 2002 -02. BONNEY, moved to amend Ordinance seconded by HEINRICHS No. 2002 -02 by substitution. Manager Carlson said technical adjustments from the Borough Clerk were incorporated in the Ordinance VOTE ON MOTION TO AMEND Ayes: Heinrichs, Razo, Stevens, Abell, Bonney, Branson Noes: None Absent: Turner MOTION CARRIED Unanimous Regular Assembly Meeting February 7, 2002 Volume XXVII Page 138 Marie Chandler opposed construction of a new tide gate as it would affect sewer lines in her residence. Trevor Jones, Kodiak Baptist Mission director, said the estimated value of their property would result in a substantial tax assessment. He said the Mission was considering subdividing the property. Manager Carlson explained to Marie Chandler that the tide gate would not affect her sewer lines but would minimized the infiltration of sea water into the lake. He acknowledged Mr. Jones' concerns; however, properties could not be excluded from the proposed service area. Assemblymember Heinrichs understood Mr. Jones' concerns about the tax burden. Assemblymember Stevens did not want to delay the vote; however, he recognized the concerns raised by Mr. Jones and felt they should be addressed. In response to Assemblymember Heinrichs, Mr. Jones said he hoped to expeditiously subdivide the property. RAZO, seconded by BRANSON VOTE ON MOTION TO POSTPONE Noes: None Absent: Turner MOTION CARRIED Unanimous BOROUGH MANAGER'S REPORT MESSAGES FROM THE BOROUGH MAYOR Regular Assembly Meeting February 7, 2002 moved to postpone Ordinance No. 2002 -02 to the regular meeting of March 7, 2002 Ayes: Razo, Stevens, Abell, Bonney, Branson, Heinrichs Manager Carlson attended the Southwest Alaska Municipal Conference and found it beneficial. Mayor LeDoux had a pleasant six -week vacation in Argentina and returned with a renewed appreciation of America's political institution. She congratulated Bill Bisset as the Employee of the Year. She applauded the Assembly's continued proactive approach to fishery issues. She concurred with Assemblymember Branson that the trip to Juneau for legislative lobbying and the legislative reception was worthwhile. MANAGER'S REPORT MESSAGES FROM THE MAYOR Volume XXVII Page 139 UNFINISHED BUSINESS UNFINISHED BUSINESS Mayor LeDoux recessed the regular meeting at 8:18 p.m. and convened the Board of Adjustment. BONNEY, seconded by STEVENS 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) Regular Assembly Meeting February 7, 2002 BOARD OF ADJUSTMENT FINDINGS OF FACT AND CONCLUSIONS *********** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** moved to adopt the findings - of -fact and conclusions supporting the January 17, 2002 Board of Adjustment's reversal 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) as follows: BOARD OF ADJUSTMENT FINDINGS OF FACT Volume XXVII Page 140 1. The property is currently zoned R -2 and has been zoned R -2 since September 1984. The R -2 zone is a residential zone that does not allow commercial activities. 2. The property owner has documented certain historical business uses on the property prior to June 1980 which are recognized (where is -as is) as non- conforming uses under KIBC 17.36. 3. In 1998 a family member of the property owner obtained a permit to build an accessory building. The accessory building was used to expand and support business activities beyond that which documentary evidence shows to be non - conforming. 4. KIBC 17.36 is clear that non - conforming rights established on a property cannot be moved to another portion of the same property. 5. KIBC 17.36 is clear that when a commercial use becomes non - conforming in a residential district, the commercial use cannot be changed to another commercial use. 6. KIBC 17.36 is clear that a non - conforming use of a structure and /or land cannot be expanded to either utilize more lot area or a larger structure. 7. Regarding the character of the neighborhood, this section of town is zoned R -2 and is in close proximity to R -3 zoning. This area is growing with more residential development which is not compatible with the commercial use of the subject property. 8. Based on the preceding findings and conclusions, the Board of Adjustment reverses the Planning and Zoning Commission's decision as a matter of law because R -2 zoning does not allow commercial use and KIBC 17.36 does not allow the expansion or relocation of non- conforming uses. 9. The Board of Adjustment finds that it is reasonable and appropriate to allow 18 months, the equivalent of two building seasons, to relocate the business use to a legal location, in an appropriate zoning district, and to convert the accessory building to a use that is subsidiary and incidental to the use of the property for R -2 residential purposes; and 10. The Board of Adjustment has decided the appeal upon the appeal record, the written and oral argument, and the testimony and evidence presented on the appeal. Assemblymember Razo reviewed the findings -of -fact and conclusions and found that they were a correct recitation of the law. Assemblymember Heinrichs said the Board fairly considered the continuation of "grandfathered" uses. Regular Assembly Meeting February 7, 2002 Volume XXVII Page 141 VOTE ON MOTION Ayes: Stevens, Abell, Bonney, Branson, Heinrichs, Razo Noes: None Absent: Turner MOTION CARRIED Unanimous Mayor LeDoux announced: This was the final decision of the board of adjustment. The final decision reversing the decision of the Planning and Zoning Commission shall be mailed to the parties to the appeal within ten (10) working days from that date. Any person aggrieved by the final decision of the Board of Adjustment may appeal that decision to the Superior Court for the State of Alaska within 30 days from the date which the decision was mailed or otherwise distributed to the parties. An appeal to the Superior Court shall be heard solely on the record before the board of adjustment and the commission and the appeal procedure shall be governed by the rules set forth in part six of the Rules of Appellate Procedure of the state of Alaska. The findings of the Board of Adjustment shall not be reversed, if in light of the whole record, they were supported by substantial evidence. Mayor LeDoux adjourned the Board of Adjustment at 8:28 p.m. and reconvened the regular meeting. NEW BUSINESS NEW BUSINESS A. CONTRACTS None. B. RESOLUTIONS 1. Resolution No. 2002 -03 Establishing Citizens RESOLUTION Board of Equalization dates for the Year 2002. NO.2002 -03 RAZO, moved to adopt Resolution seconded by BRANSON No. 2002 -03. Manager Carlson said this would formally set the Board of Equalization dates for the year 2002. VOTE ON MOTION TO ADOPT Ayes: Abell, Bonney, Branson, Heinrichs, Razo, Stevens Noes: None Absent: Turner MOTION CARRIED Unanimous 2. Resolution No. 2002 -04 Urging the Alaska State Legislature and Governor to Secure Full Funding for Statewide Electrical Infrastructure Projects. Regular Assembly Meeting February 7, 2002 CONTRACTS RESOLUTIONS RESOLUTION NO. 2002 -04 Volume XXVII Page 142 STEVENS, seconded by HEINRICHS Manager Carlson said this request from Darron Scott, Kodiak Electric Association manager, would hopefully result in obtaining a zero interest loan for a Coast Guard power infrastructure. Assemblymember Stevens remarked that Kodiak was not under the allocation distribution list; however, he felt an amendment to the bill to include Kodiak could be proposed. VOTE ON MOTION TO ADOPT Ayes: Bonney, Branson, Heinrichs, Razo, Stevens, Abell Noes: None Absent: Turner MOTION CARRIED Unanimous 3. Resolution No. 2002 -05 Adopting the Kodiak Island Borough Strategic Plan for the years 2003 -2007. RAZO, seconded by HEINRICHS Manager Carlson said this would adopt the Kodiak Island Borough Strategic Plan for 2003 -2007 that outlined the Borough's mission, vision, and guiding principles. Assemblymember Branson said adopting the Plan and including the public in the process was a positive approach. She thanked Manager Carlson for preparing the document. Assemblymember Razo concurred and urged the public to obtain a copy of the Plan to become acquainted with the Borough's goals. VOTE ON MOTION TO ADOPT Ayes: Branson, Heinrichs, Razo, Stevens, Abell, Bonney Noes: None Absent: Turner MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION 1 Ordinance No. 2002 -03 Amending KIB Code of ORDINANCE Ordinances Title 8 Health and Safety Chapter NO. 2002 -03 8.04 Hospital and Health Facilities Advisory Board Section 8.04.010 Created -- Membership and Chapter 8.08 Mental Health Center Advisory Board Section 8.08.010 Created -- Membership. Regular Assembly Meeting February 7, 2002 moved to adopt Resolution No. 2002 -04. moved to adopt Resolution No. 2002 -05 by reference. RESOLUTION NO. 2002 -05 ORDINANCES FOR INTRODUCTION Volume XXVII Page 143 HEINRICHS, seconded by BRANSON Manager Carlson said this would bring the Borough and Providence into full compliance with State statutes. He corresponded with Mr. Doug Bruce, Providence chief executive officer, to resolve the issues. Assemblymember Branson was glad to see an Assemblymember seat on both advisory boards to facilitate interaction between the bodies. Assemblymember Stevens thanked Manager Carlson for bringing this forward and ensuring that the Borough was in compliance with state law. VOTE ON MOTION TO ADVANCE Ayes: Abell, Bonney, Branson, Heinrichs, Razo, Stevens Noes: None Absent: Turner MOTION CARRIED Unanimous 2. Ordinance No. 2002 -04 Rezoning Alaska State Land Survey 90 -151 From WH- Wildlife Habitat To RD -Rural Development in Accordance with the Attached Map. (Generally Located Along Eagle Harbor, Ugak Bay) STEVENS, seconded by HEINRICHS VOTE ON MOTION TO ADVANCE Noes: None Absent: Turner MOTION CARRIED Unanimous Regular Assembly Meeting February 7, 2002 moved to adopt Ordinance No. 2002 -03 in first reading to advance to public hearing on February 21, 2002. moved to adopt Ordinance No. 2002 -04 in first reading to advance to public hearing on February 21, 2002. Manager Carlson said the petitioner requested the rezone to resolve a zoning violation for the establishment of a lodge use and structure within the existing WH- Wildlife Habitat zone. The petitioner had a rezone pending that was postponed by the Borough Assembly in 1993. In response to Assemblymember Heinrichs, he said he would review pending similar rezone cases from the 1993 moratorium period. Ayes: Bonney, Branson, Heinrichs, Razo, Stevens, Abell ORDINANCE NO. 2002 -04 Volume XXVII Page 144 D. OTHER ITEMS OTHER ITEMS 1. BRANSON, seconded by HEINRICHS Clerk Nielsen reported resignation on January VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED 2. Appointments Area Board. HEINRICHS, seconded by BRANSON RAZO, seconded by ABELL Regular Assembly Meeting February 7, 2002 Monashka Bay Road Service Area Board Member Resignation. moved to accept, with regret, the resignation of Alayne Larsen from the Monashka Bay Road Service Area Board for a term to expire October 2003 effective March 1, 2002 and direct the Borough Clerk to advertise the vacancy per Borough Code. that Ms. Larsen submitted her 23, 2002. Stevens, Abell, Bonney, Branson, Heinrichs, Razo None Turner Unanimous to the Monashka Bay Road Service moved to appoint David Sundberg to a seat to expire October 2002 and Bruce McNeil to a seat to expire October 2004 on the Monashka Bay Road Service Area Board. moved to amend the motion to appoint David Sundberg to a seat to expire October 2004 and Bruce McNeil to a seat to expire October 2002 on the Monashka Bay Road Service Area Board. VOTE ON MOTION TO AMEND Ayes: Branson, Razo, Abell Noes: Bonney, Heinrichs, Stevens Absent: Turner With a vote of 3 -3; and therefore a tie vote, Mayor LeDoux broke the tie by voting aye. MOTION CARRIED 4 Ayes, 3 Noes VOTE ON MOTION AS AMENDED Ayes: Branson, Heinrichs, Razo, Stevens, Abell, Bonney Noes: None MONASHKA BAY ROAD SERVICE AREA BOARD MEMBER RESIGNATION MONASHKA BAY ROAD SERVICE AREA BOARD APPOINTMENTS Volume XXVII Page 145 Absent: MOTION CARRIED 3. Confi Plann BONNEY, seconded by RAZO Turner Unanimous rmation of Mayoral Appointments to the ing and Zoning Commission. moved to confirm the mayoral appointment of John J. "Jake" Ketscher to a two - year Borough seat with a term to expire December 31, 2003 and Reed E. Oswalt to a three -year Borough seat with a term to expire December 31, 2004 on the Planning and Zoning Commission. In response to Assemblymember Branson, Mayor LeDoux said she had not interviewed the new applicants. She wanted confirmation of her original appointments. VOTE ON MOTION Ayes: Noes: Absent: MOTION FAILED CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Regular Assembly Meeting February 7, 2002 Razo Heinrichs, Stevens, Abell, Bonney, Branson Turner 1 Aye, 5 Noes Marie Chandler opposed any construction along Anton Larsen Bay Road as it may impact her mineral rights. Assemblymember Branson congratulated Bill Bissett as Employee of the Year. Assemblymember Heinrichs congratulated Bill Bissett. He sent condolences to the family of Jacque Bunting. He was pleased to see Ms. Evelyn Mortimer and thanked her for providing the update on the Senior Center. Assemblymember Bonney clarified that his no vote on the mayoral appointment to the Planning and Zoning Commission did not reflect on the applicants' ability. He felt the Mayor should interview all applicants. After the interview process, he would support the Mayor's decision. Assemblymember Stevens thanked Evelyn Mortimer and appreciated the services that the Senior Citizens of Kodiak provided to the community. He congratulated Bill Bissett. He thanked Assemblymembers Abell and Turner, Mayor LeDoux, and Manager Carlson for participating in SWAMC. CONFIRMATION OF MAYORAL APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Volume XXVII Page 146 Assemblymember Abell reported on the issues discussed at SWAMC. He urged the community to be informed and involved in the budget process. Assemblymember Razo also encouraged the community to be involved in the budget process. He read a letter to the editor in the Kodiak Daily Mirror about the uninvolvement of the Borough and City governments on fishery issues. He noted that the KIB Strategic Plan reflected under Economic Development Goals and Objectives that: "the Assembly wished to maintain vigilance and effective participation in fishery politics and legislation that advocate for long -term preservation of landings of product to the Kodiak Island Borough and ensures any environmental restrictions on fisheries are based on sound science and fairly reflects any socio- economic impacts on our region." He felt the Borough government had become more involved and committed to fishery issues. Mayor LeDoux was surprised that her Planning and Zoning Commission appointments were not confirmed. She concurred with Assemblymember Bonney that the Assembly's vote did not reflect negatively on the individuals that she wanted to appoint. She was hopeful for a better appointment process. She felt this had more to due with a dispute between the Assembly and the Mayor as to the power to make appointments. She announced that the Assembly would meet in a work session on Thursday, February 14 at 7:30 p.m. in the Borough conference room and a regular meeting on Thursday, February 21 at 7:30 p.m. in the assembly chambers. The Boards, Committees, and Commissions Reception would be held on Sunday, February 10 from 4 to 7 p.m. at the Kodiak Fisheries Research Center. Kodiak Island Borough offices would be closed on Monday, February 18, 2002 in observance of President's Day and the Borough Clerk's office would be closed on Tuesday, February 19. ADJOURNMENT ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 9:18 p.m. ATTEST: t u dith A. Ni en, CMC orough Clerk Regular Assembly Meeting February 7, 2002 ig4 Gabrielle LeDoux, Mayor Approved: 03/07/2002 Volume XXVII Page 147