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2003-03-06 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held March 6, 2003 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 Pastor Larry Cornett of the Church of the Nazarene, followed by the Pledge of Allegiance. There were present: Assemblymembers: Tom Abell Tuck Bonney Robin Heinrichs Absent: Mayor LeDoux Pat Branson comprising a quorum of the Assembly; and Pat Carlson, Manager Nova Javier, Deputy Clerk Laura Casey, Assistant Clerk STEVENS, moved to excuse seconded by RAZO Assemblymember Branson VOTE ON MOTION TO EXCUSE MOTION CARRIED: Unanimous voice vote APPROVAL OF AGENDA RAZO, moved to approve the seconded by ABELL agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED: Unanimous voice vote APPROVAL OF MINUTES 1. Kodiak Island Borough Assembly Regular Meetings of January 16 and February 20; and Special Meeting of February 18, 2003. RAZO, seconded by STEVENS VOTE ON MOTION TO APPROVE MOTION CARRIED: AWARDS AND PRESENTATIONS 1. PROCLAMATIONS KODIAK ISLAND BOROUGH Regular Assembly Meeting March 6, 2003 Greg Razo Wayne Stevens Nancy Wells moved to approve the minutes as submitted. Unanimous voice vote Deputy Mayor Heinrichs proclaimed March 2003 as "Womens History Month" urging citizens to increase their knowledge and appreciation of the valuable role women play in our lives. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES AWARDS AND PRESENTATIONS PROCLAMATIONS WOMENS HISTORY MONTH Regular Assembly Meeting Volume XXVIII March 6,2003 Page 29 CITIZENS COMMENTS Mike Milliaan urged the Assembly to defend science and technology funding. Mike Devers, local Xerox Representative, asked the Assembly to consider his recently submitted revised bid amounts for Conract No. 2003 -03. COMMITTEE REPORTS Assemblymember Razo reported that the conversion from MAC to PC in the School District's technology department would cost $450,000. Assemblymember Stevens reported on a phone survey regarding the health system for the Providence Health System Kodiak Island Service Area Community Board's strategic planning. He said the Board wanted to expand the Specialty Clinic space. Assemblymember Abell reported that the Bond Ad Hoc Committee compiled lists for presentation to the community next month. He urged the community to take advantage of the bond that would complete school projects. PUBLIC HEARING A. State of Alaska Alcoholic Beverage Control Brewing Application Submitted by Benjamin L Millstein, Doing Business as Kodiak Island Company LLC, To Be Located at 338 Shelikof Kodiak, Alaska. STEVENS, seconded by ABELL Clerk's note: 111 public hearing notices were mailed, two were returned favoring and none opposing. Manager Carlson said the Borough had no interest in protesting the new brewing application. Deputy Mayor Heinrichs opened the public hearing. Jim Cobis spoke in support of the brewing application. den Millstein appreciated the opportunity to voice non - objection for the license. Deputy Mayor Heinrichs closed the public hearing and reconvened the regular meeting. VOTE ON MOTION Ayes: Abell, Bonney, Heinrichs, Razo, Stevens, Wells Noes: Absent: None Branson Board New Brewing Ave., moved to voice non - objection to the State of Alaska Alcoholic Beverage Control Board new brewing application submitted by Benjamin L. Millstein, doing business as Kodiak Island Brewing Company LLC, located at 338 Shelikof Ave., Kodiak, Alaska. CITIZENS COMMENTS COMMITTEE REPORTS PUBLIC HEARING LIQUOR LICENSE APPLICATION Regular Assembly Meeting Volume XXVIII March 6,2003 Page 30 MOTION CARRIED: Unanimous BOROUGH MANAGER'S REPORT Manager Carlson would present a report on fiber optics soon. He attended the Womens Bay Community Council settlement hearing. He reported on the airport funding, hospital landscaping, Anton Larsen Bay project, and Port Lions painting project. He noted the impacts of Community Revenue Sharing cuts and the effect of eliminating longevity bonuses. MESSAGES FROM THE BOROUGH MAYOR Deputy Mayor Heinrichs was pleased with the ongoing KIBSD budget discussion. He hoped for creativity in covering all areas for valued education. He announced the Bond Ad Hoc Committee would meet March 18. UNFINISHED BUSINESS None. NEW BUSINESS BOARD OF ADJUSTMENT * * * * * * * * * * * * * * * * * * A. An Appeal of the Planning and Zoning Commission's Decision on Case No. 02 -028. A Conditional Use Permit, in Accordance with KIBC 17.26 and 17.67, to Amend the Site Plan of a Grandfathered, Nonconforming Mobile Home Park Located at U.S. Survey 3098, Lot 14a -3b to Expand the Mobile Home Park Use in Order to Allow an Additional Mobile Home Space. (Appellant: Mr. Kevin Arndt) * * * * * * * * * * * * * * * * * * * Deputy Mayor Heinrichs recessed the regular meeting and convened the Board of Adjustment at 7:56 p.m. Deputy Mayor Heinrichs announced that 44 appeal notices were mailed and one was returned. Deputy Mayor Heinrichs explained that the assembly, as the Board of Adjustment, was a quasi- judicial board that would decide the appeal based upon the appeal record, written and oral argument, and testimony and evidence presented on the appeal. At the hearing before the assembly, only persons who have submitted written argument on the appeal, or testified before the commission, or submitted written comments to the commission may present oral argument. He outlined the order of oral argument: borough staff: 10 minutes; appellant: 10 minutes; private persons supporting the appeal: 10 minutes; private persons opposing the appeal: 10 minutes; and appellant rebuttal: 10 minutes. 1. Borough Staff Manager Carlson said this was a request to expand the existing mobile home located in a non - conforming park. He said a critical element was to review the Master Plan before moving forward with new additions. He urged the Assembly to deny the appeal. BOROUGH MANAGER'S REPORT MESSAGES FROM THE BOROUGH MAYOR UNFINISHED BUSINESS NEW BUSINESS BOARD OF ADJUSTMENT Regular Assembly Meeting Volume XXVIII March 6,2003 Page 31 2. Appellant Kevin Arndt said he purchased the property with eight mobile homes. He removed one mobile home and sold the property impacted by the removal. When he sought the permit to replace the eighth mobile home in a new location in the park, he was told it was not allowed although he thought he had pre - approval for the permit. He went before the Commission and was told to move toward creating a conforming park. Each mobile space was 3000 square feet with two parking spaces per trailer. He provided for a play area and hoped to complete the project in two years including correcting a sewage problem. He needed the eighth mobile to make his investment viable. He said Duane Dvorak, Community Development Department Director, said an eighth mobile was possible if set -backs were met. 3. Private persons supportina the appeal - None. 4. Private persons opposing the appeal - None. 5. ,Appellant rebuttal - None. In response to Assemblymember Wells, Manager Carlson clarified that spaces four and five utilized the road access and that 15 feet was required between mobiles. He said to have a conforming mobile home park, it must contain ten trailers. Assemblymember Stevens stated if everyone was in compliance, it would still be non - conforming because there were only eight trailers. Assemblymember Abell felt this was the old Kodiak and would vote for the reversal of the decision. BONNEY, moved to reverse the seconded by ABELL Planning and Zoning Commission's Decision on Case No. 02 -028 a Conditional Use Permit, in Accordance with KIBC 17.26 and 17.67, to Amend the Site Plan of a Grandfathered, Nonconforming Mobile Home Park Located at U.S. Survey 3098, Lot 14a -3b to Expand the Mobile Home Park Use in Order to Allow an Additional Mobile Home Space. (Applicant /Appellant: Mr. Kevin Arndt) Assemblymember Bonney did not agree with staff. He said the home owners should not have to relocate because of non - conformity. RAZO, seconded by STEVENS VOTE ON MOTION TO AMEND Ayes: Noes: Regular Assembly Meeting March 6,2003 moved to amend the motion by adding the words "in whole" after the word "reverse ". Bonney, Heinrichs, Razo, Stevens, Wells, Abell None Volume XXVIII Page 32 Absent: Branson MOTION CARRIED: Unanimous Assemblymember Stevens appreciated staff's attempt to follow the code and to reach conformity. He asked what it would take to conform to the current code because there were no new mobile home parks for the mobile homes. Manager Carlson said that if the park was unable to conform, the park would eventually phase out. Assemblymember Abell said the park was home to many people and until the borough developed a new park, he would favor reversing the Commission's decision. Assemblymember Razo said the park would never conform and no one would be impacted as there were no current residents. Assemblymember Wells felt the only option was to change the law instead of disregarding the families. VOTE ON MOTION TO REVERSE IN WHOLE AS AMENDED Ayes: Abell, Bonney Noes: Heinrichs, Razo, Stevens, Wells Absent: Branson MOTION FAILED: 4 Noes, 2 Ayes (Clerk's note: Per KIBC 17.100.080A: If the Board of Adjustment fails to approve the reversal of the Commission's decision, that decision is affirmed.) WELLS, seconded by STEVENS moved to postpone the findings -of -fact on the appeal of the Planning and Zoning Commission Case No. 02 -028 to the meeting of March 20, 2003. Manager Carlson requested Deputy Clerk Javier to prepare the findings of fact for the March 13 work session. VOTE ON MOTION TO POSTPONE Ayes: Heinrichs, Razo, Stevens, Wells, Abell Noes: Bonney Absent: Branson MOTION CARRIED: 5 Ayes, 1 Noes 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. Regular Assembly Meeting Volume XXVIII March 6,2003 Page 33 At 8:38 p.m. Deputy Mayor Heinrichs adjourned the Board of Adjustment and reconvened the regular meeting. B. CONTRACTS 1. Contract No. 2003 -03 Lease Agreement Borough Copier. for a STEVENS, moved to approve Contract seconded by ABELL No. 2003 -03 with Frontier Business Systems, Inc. for a 60 month lease of a Konica 7155 copier. Manager Carlson said a new copier was needed and the bids were competitive sealed proposals. He said a revised bid was received from a competitive bidder but urged the Assembly to approve the bid for the Konica 7155 as proposed in the bid document. Assemblymember Razo noted that one of the bidders was his client. Deputy Mayor Heinrichs ruled a conflict of interest. In response to Assemblymember Stevens, Manager Carlson said that if the revised bid was reviewed, other bidders would potentially want to submit revised bids. Deputy Mayor Heinrichs asked about the legal liability if it was remanded back to staff. Assemblymember Stevens suggested postponing to the next regular meeting. Assemblymember Bonney said there were two bids before them and it would not be fair for one company to revise their bid. He did not support postponement. VOTE ON MOTION TO AWARD Ayes: Noes: Absent: MOTION CARRIED: C. RESOLUTIONS None. D. ORDINANCES FOR 1. Ordinance No. 2003 and 6,7 and 8,9,10 36, East Addition Residential to R2- Generally Located Rezanof Drive and and 1225 Ismailov BONNEY, seconded by WELLS Regular Assembly Meeting March 6,2003 INTRODUCTION Stevens, Wells, Abell, Bonney, Heinrichs None Branson Unanimous -02 Rezoning Lots 1,2,3,4,5 ,11 and 12, and Lot 13A Block from R1- Single - family Two - family Residential. at 1210, 1212, 1214 and 1220 1211, 1215, 1219, 1221, 1223, Street (Case No. 03 -001). moved to adopt Ordinance No. 2003 -02 in first reading to advance to public hearing on March 20, 2003. CONTRACTS CONTRACT NO. 2003 -03 RESOLUTIONS ORDINANCES FOR INTRODUCTION ORDINANCE NO. 2003 -02 Volume XXVIII Page 34 Manager Carlson said this case was reviewed for Lot 13A at the Commission's January 15, 2003 regular meeting, where the Commission expanded the scope of review to include all lots in Block 36, East Addition. A second public hearing was held to consider the expanded rezone area on February 19, 2003, where the Commission adopted a recommendation and forwarded the case to the Assembly for consideration. Assemblymember Bonney noted this action was only to advance the ordinance to public hearing. Assemblymember Abell said the lot sizes were 5,000 or less, which was too small for duplexes. ABELL, seconded by BONNEY Assemblymember Stevens said the rezone would not mean all existing homes would become duplexes. Assemblymember Bonney supported the amendment as it was in the best interest of the community to not leave the Small World building vacant even though he did not agree with spot zoning. Assemblymember Stevens said the initial rezone was only Small World, but during the public hearing, others asked to have the entire block rezoned. Assemblymember Razo thanked Assemblymembers Abell and Bonney for their insight and would support the amendment. VOTE ON MOTION TO AMEND Ayes: Wells, Abell, Bonney, Heinrichs, Razo, Stevens Noes: None Absent: Branson MOTION CARRIED: Unanimous VOTE ON MOTION TO ADVANCE AS AMENDED Ayes: Abell, Bonney, Heinrichs, Razo, Stevens, Wells Noes: None Absent: MOTION CARRIED: moved to amend the title (and Section 2) of Ordinance No. 2003 -02 to read: Rezoning Lot 13A Block 36, East Addition from R1- Single - Family Residential to R2 -Two- Family Residential. Generally Located at 1220 Rezanof Drive (Case No. 03 -001). Branson Unanimous 2. Ordinance No.2003 -03 Rezoning Lot 10, U.S. Survey 2873 from R1- Single - family Residential to R2 Two - family Residential. Generally located at 1818 Mission Road (Case No. 02 -027). ORDINANCE NO. 2003 -03 Regular Assembly Meeting Volume XXVIII March 6,2003 Page 35 BONNEY, moved to adopt Ordinance seconded by ABELL No. 2003 -03 in first reading to advance to public hearing on March 20, 2003. Manager Carlson said this case was reviewed for Lot 10, U.S. Survey 2873 at the Commission's November 20, 2002, regular meeting where the Commission forwarded to the Assembly a recommendation for approval. VOTE ON MOTION TO ADVANCE Ayes: Bonney, Heinrichs, Razo, Stevens, Wells, Abell Noes: None Absent: Branson MOTION CARRIED: Unanimous 3. Ordinance No. 2002 -10C Amending Ordinance No. 2002 -10 Kodiak Island Borough Fiscal Year 2003 Budget to Reflect Amendments. STEVENS, moved to adopt Ordinance seconded by ABELL No. 2002 -10C in first reading to advance to public hearing on March 20, 2003. Manager Carlson said this would adjust the budget of several funds. The most significant was a transfer of $650,000 from the Land Sale Fund, a transfer of $350,000 from the Debt Service Fund, and a use of $1,400,000 of the Fund Balance of the Borough's General Fund to pay for the "Jane Doe" lawsuit. Other changes included reducing the Welfare to Work Program by $20,109 due to the State taking back their portion, and reducing the KIB Waste Management Project by $115,700 due to the State reducing their grant. Assemblymember Razo indicated he had a conflict of interest. Deputy Mayor Heinrichs ruled a conflict of interest. VOTE ON MOTION TO ADOPT Ayes: Heinrichs, Stevens, Wells, Abell, Bonney Noes: Absent: MOTION CARRIED: E. OTHER ITEMS Regular Assembly Meeting March 6,2003 None Branson Unanimous None. CITIZENS COMMENTS Dennis McMurry felt that clarifying the code regarding mobile home parks was needed. He said it was difficult to hear what was said over the microphones. He said the Commission was not trying to spot zone Small World. ORDINANCE NO. 2002 -10C OTHER ITEMS CITIZENS COMMENT S Volume XXVIII Page 36 ASSEMBLYMEMBER COMMENTS Assemblymember Bonney said mobile homes were important to low income families and he wanted the 1993 amendment reviewed. Assemblymember Razo thanked Assemblymember Stevens for recommending him to the Alyeska Pipeline Service Committee. Assemblymember Stevens agreed with Mr. Milligan's support of the Science and Technology Foundation and was dismayed that the Legislature felt it was not a valuable asset. He encouraged citizens to be aware of the 200 million dollar budget cut for the state. Assemblymember Abell wanted the Permanent Fund Dividend used for State deficits. He said the School District would operate in a different manner with the reduction in State funding. Assemblymember Wells said the Legislature needed to be fiscally in order by determining their priorities. She looked forward to community participation at the Womens Bay Community Comprehensive meeting. Deputy Mayor Heinrichs announced that the Assembly would meet in a joint Assembly /City Council work session on Tuesday, March 18 at 7:30 pm in the Borough conference room; a work session on Thursday, March 20 at 7 :30 pm in the Borough conference room; and a regular meeting on Thursday, March 27, at 7:30 pm in the assembly chambers. ADJOURNMENT ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 9:29 p.m. ATTEST: P Ga rielle LeDoux, Mayor Judith A. Niels CMC Approved: 07/17/2003 Borough Clerk ASSEMBLYMEMBER COMMENTS Regular Assembly Meeting Volume XXVIII March 6,2003 Page 37