2003-03-25 Regular MeetingKODIAK ISLAND BOROUGH
Regular Assembly Meeting
March 25, 2003
A regular meeting of the Kodiak Island Borough Assembly
was held March 25, 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:
Mayor:
Gabrielle LeDoux
Assemblymember:
Tom Abell
Tuck Bonney
Pat Branson
Absent:
Greg Razo
Nancy Wells
comprising a quorum of the Assembly; and
Pat Carlson, Manager
Judi Nielsen, Borough Clerk
Nova. Javier, Deputy Clerk
BRANSON,
seconded by HEINRICHS
Robin Heinrichs
Wayne Stevens
moved to excuse
Assemblymembers Razo and
Wells.
VOTE ON MOTION TO EXCUSE
MOTION CARRIED: Unanimous Voice Vote
APPROVAL OF AGENDA
STEVENS, moved to approve the
seconded by BRANSON agenda.
VOTE ON MOTION TO APPROVE
MOTION CARRIED Unanimous voice vote
APPROVAL OF MINUTES
1. Kodiak Island Borough Assembly Special Meeting of
February 27, 2003.
HEINRICHS, moved to approve the
seconded by BRANSON minutes as submitted.
VOTE ON MOTION TO APPROVE
MOTION CARRIED Unanimous voice vote
AWARDS AND PRESENTATIONS
A. STUDENT OF THE MONTH
Mayor LeDoux presented the March Student of the Month
Award to Pam Fangonilo, a senior at Kodiak High School.
Regular Assembly Meeting
March 25, 2003
REGULAR MEETING
ROLL CALL
APPROVAL OF
AGENDA
APPROVAL OF
MINUTES
AWARDS AND
PRESENTATIONS
STUDENT OF THE
MONTH
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38
CITIZENS COMMENTS CITIZENS
COMMENTS
None.
COMMITTEE REPORTS
Don Rush, Providence Kodiak Island Medical Center Hospital
Administrator, reported on the deficit status of the
hospital. In response to Mayor LeDoux, he stated that
Tri -Care covered military personnel.
PUBLIC HEARING
1. Ordinance No. 2003 -02 Rezoning Lot 13A Block 36, East
Addition from R1- Single - family Residential to R2-
Two- family Residential. Generally Located at 1220
Rezanof Drive (Case 03 -001).
HEINRICHS, moved to adopt Ordinance
seconded by STEVENS No. 2003 -02.
Manager Carlson said this was amended from re- zoning the
entire block to just one tract which was the Small World
lot that sits on four lots.
Mayor LeDoux opened the public hearing.
In response to Steven Ames, Manager Carlson and
Assemblymember Abell explained the reason the Ordinance
was amended.
Mayor LeDoux closed the public hearing and reconvened the
regular meeting.
Assemblymember Heinrichs spoke in favor of the Ordinance.
Assemblymember Branson appreciated Assemblymember Abell's
explanation. She supported the ordinance as amended.
Assemblymember Heinrichs' motion to "amend Ordinance
No. 2003 -02 to include Lots 11 and 12 and postpone
adoption to allow additional public hearing at the next
regular meeting" died for lack of a second.
VOTE ON MOTION TO ADOPT
Ayes: Abell, Bonney, Branson,
Heinrichs, Stevens
Noes: None
Absent: Razo, Wells
MOTION CARRIED: 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 02 -027).
STEVENS, moved to adopt Ordinance
seconded by BRANSON No. 2003 -03.
Manager Carlson urged the Assembly to adopt the Ordinance.
Mayor LeDoux called for public testimony; hearing and
seeing none, she reconvened the regular meeting.
Regular Assembly Meeting
March 25, 2003
COMMITTEE
REPORTS
PUBLIC
HEARING
ORDINANCE
NO. 2003 -02
ORDINANCE
NO. 2003 -03
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VOTE ON MOTION TO ADOPT
Ayes: Bonney, Branson,
Heinrichs, Stevens, Abell
Noes: None
Absent: Razo, Wells
MOTION CARRIED: Unanimous
3. Ordinance No. 2002 -10C Amending Ordinance No. 2002 -10
Kodiak Island Borough Fiscal Year 2003 Budget to
Reflect Amendments.
HEINRICHS,
seconded by BRANSON
Noes:
Absent:
MOTION CARRIED:
BOROUGH MANAGER'S REPORT
Regular Assembly Meeting
March 25, 2003
moved to adopt Ordinance
No. 2003 -10C.
Manager Carlson enumerated the reasons for the Budget
amendment.
Mayor LeDoux called for public testimony; hearing and
seeing none, she reconvened the regular meeting.
VOTE ON MOTION TO ADOPT
Ayes: Branson, Heinrichs,
Stevens, Abell, Bonney
None
Razo, Wells
Unanimous
ORDINANCE
NO. 2002 -10C
BOROUGH
MANAGER'S REPORT
Manager Carlson welcomed Clerk Nielsen back. He would
participate on a public hearing at the local Legislative
Information Office regarding House Bill 191 which impacts
the Coastal Management Program. He congratulated
Assemblymember Stevens and his staff for the success of
Comfish.
MESSAGES FROM THE BOROUGH MAYOR
Mayor LeDoux was glad to be back. She would travel to
Washington, D.C. with Deputy Mayor Heinrichs,
Assemblymember Stevens, and Manager Carlson to meet with
Alaska's Congressional Delegation.
UNFINISHED BUSINESS
A. BOARD OF ADJUSTMENT - Findings of Fact and BOARD OF
Conclusions Supporting the Board of Adjustment's ADJUSTMENT
Decision to Affirm in Whole the Planning and Zoning
Commission's Decision on Case No. 02 -028, to Deny 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 on U.S. Survey
3098, Lot 14a -3b in Order to Expand the Mobile Home
Park Use by Allowing an Additional Mobile Home Space.
(Applicant /Appellant: Mr. Kevin Arndt.)
BONNEY, moved to adopt, the
seconded by HEINRICHS findings -of -fact and
conclusions supporting
the Board of Adjustment's
decision to affirm in
MESSAGES FROM
THE BOROUGH
MAYOR
UNFINISHED
BUSINESS
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whole the Planning and
Zoning Commission's
Decision on Case
No. 02 -028, to deny 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 on U.S.
Survey 3098, Lot 14a -3b
in order to expand the
mobile home park use by
allowing an additional
mobile home space.
(Applicant /Appellant:
Mr. Kevin Arndt.)
Manager Carlson said adoption of the findings -of -fact was
required per Borough Code.
The findings -of -fact were as follows:
1. This case involves an application for the expansion
of a grandfathered mobile home park use.
2. The mobile home park had eight mobile home spaces
until Plat 95 -06 was filed, vacating one of the
mobile home spaces and conveying a portion of the
site to an adjoining property owner.
3. In 2000, the property owners obtained zoning
compliance for a new (8 mobile home space. This
zoning compliance permit was allowed to expire before
a building permit was issued to install a mobile home
on the site.
4. In 2002, the Planning and Zoning Commission denied
the request for a conditional use permit for a new
(8` mobile home park space, in accordance with KIB
Code Section 17.67.
5. The mobile home park on Lot 14a -3b, U.S. Survey 3098,
does not meet the definition of a mobile home park
currently set forth in KIBC 17.26.005 (Definitions).
The current definitions require a minimum of ten (10)
mobile home spaces and a minimum mobile home space
size of 3000 square feet.
6. The site is constrained in terms of the standards for
improvement currently required in a mobile home park
by KIBC 17.26 (Mobile Home Parks). Between the
existing pattern of development and the size of the
Lot 14a -3b, there does not appear to be adequate room
to improve the site in order to meet current mobile
home park standards.
7. The property owners, or their predecessors in
interest, voluntarily reduced the number of park
spaces by the sale of the land to an adjoining
property owner.
8. The property owners seek to expand the non - conforming
mobile home park use by the creation of an additional
mobile home space, without addressing the inadequate
parking and access to existing mobile home spaces.
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March 25, 2003 Page
41
9. The property owners failed to provide an adequate
mobile home park site plan, per KIBC 17.26.020 (Plan
Review).
VOTE ON MOTION TO ADOPT
Ayes: Heinrichs, Stevens,
Abell, Bonney, Branson
Noes: None
Absent: Razo, Wells
MOTION CARRIED: Unanimous
NEW BUSINESS
A. CONTRACTS
1. Contract No.2003 -04 Audit for the Kodiak Island
Borough and the Kodiak Island Borough School
District for the Fiscal Year Ending June 30,
2003
HEINRICHS, moved to approve Contract
seconded by BRANSON No _ 20(13-0_4_ with KPMG,
LLP of Anchorage, AK for
professional fees of
approximately $40,700 for
the KIB, $31,000 for the
KIB School District, and
$35,000 combined total
for reimbursable
expenses.
Manager Carlson sought the Assembly's approval. He noted
that a new request for proposal would be prepared next
Fiscal Year.
VOTE ON MOTION TO APPROVE
Ayes: Stevens, Abell, Bonney,
Branson, Heinrichs
Noes:
Absent:
MOTION CARRIED:
B. RESOLUTIONS
None.
C. ORDINANCES FOR INTRODUCTION
None.
D. OTHER ITEMS
BRANSON,
seconded by ABELL
Regular Assembly Meeting
March 25, 2003
None
Razo, Wells
Unanimous
moved to approve the
canvass board as
presented by the election
supervisor.
NEW BUSINESS
CONTRACTS
CONTRACT
NO. 2003 -04
RESOLUTIONS
ORDINANCES FOR
INTRODUCTION
OTHER ITEMS
ELECTION
1. March 4, 2003 Trinity Islands Street Lights BOARD
Service Area Special By -mail Canvass Board. APPROVAL
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Clerk Nielsen said the board would canvass the ballots on
Thursday, March 27 and a resolution ratifying and
certifying the election would be presented for adoption.
VOTE ON MOTION TO APPROVE
Ayes: Abell, Bonney, Branson,
Heinrichs, Stevens
Noes: None
Absent: Razo, Wells
MOTION CARRIED: Unanimous
CITIZENS COMMENTS
None.
ASSENBLYMEMBER COMMENTS
Assemblymember Branson congratulated Pam Fangonilo as
Student of the Month. She would hold a workshop for the
Alaska Association of Student Government. She thanked
Deputy Mayor Heinrichs for filling -in for Mayor LeDoux and
Deputy Clerk Javier for filling -in for Clerk Nielsen.
Assemblymember Heinrichs welcomed Clerk Nielsen back. He
congratulated Representative Dan Ogg on his appointment to
fill Senator Stevens position as Representative. He
looked forward to the Washington, D.C. travel and to the
budget process.
Assemblymember Bonney thanked Deputy Mayor Heinrichs and
Deputy Clerk Javier.
Assemblymember Stevens appreciated the good comments about
Comfish. He welcomed Clerk Nielsen back and thanked
Deputy Mayor Heinrichs and Deputy Clerk Javier.
Assemblymember Abell gave an update on the Borough Bond
projects.
Mayor LeDoux announced that the Assembly would meet in a
work session on Thursday, March 27 at 7:30 p.m. in the
Borough conference room and a regular meeting on Thursday,
April 3, at 7:30 p.m. in the assembly chambers.
The Borough Offices would be closed on Monday, March 31,
2003 in observance of Seward's Day.
ADJOURNMENT ADJOURNMENT
There being no further business to come before the
Assembly, the meeting adjourned at 8:16 p.m.
ATTEST:
Judith A. Nie(�sen,, CMC
Borough Clerk
Regular Assembly Meeting
March 25, 2003
Gabrielle LeDoux, Mayor
Approved: 04/17/2003
CITIZENS
COMMENTS
ASSEMBLYMEMBER
COMMENTS
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