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2003-04-17 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting April 17, 2003 A regular meeting of the Kodiak Island Borough Assembly was held April 17, 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 Captain Dave Davis of the Salvation Army, followed by the Pledge of Allegiance. There were present: Mayor: Gabrielle LeDoux Assemblymember: Tom Abell Tuck Bonney Pat Branson Robin Heinrichs Greg Razo Wayne Stevens Nancy Wells comprising a quorum of the Assembly; and Pat Carlson, Manager Judi Nielsen, Borough Clerk Laura Casey, Assistant Clerk APPROVAL OF AGENDA RAZO, moved to approve the seconded by BRANSON agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES 1. Kodiak Island Borough Assembly Regular Meetings of March 25 and April 3, 2003. STEVENS, seconded by BRANSON VOTE ON MOTION TO APPROVE MOTION CARRIED AWARDS AND PRESENTATIONS A. PROCLAMATION Mayor LeDoux proclaimed April 27 - May 3, 2003 Municipal Clerk's Week urging all citizens to recognize this event. Borough Clerk Judi Nielsen accepted the proclamation. B. EMPLOYEE OF THE QUARTER Manager Carlson presented the Employee of the Quarter Award to Jeff Johnson, Baler Operator II at the Landfill Facility with the Borough Engineering and Facilities Department. C. STUDENT OF THE MONTH Mayor LeDoux presented the April Student of the Month Award to Marcella Amodo, a sophomore at Ahkiok School. Regular Assembly Meeting April 17, 2003 Unanimous voice vote moved to approve the minutes as submitted. Unanimous voice vote REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES AWARDS AND PRESENTATIONS PROCLAMATION MUNICIPAL CLERKS WEEK EMPLOYEE OF THE QUARTER STUDENT OF THE MONTH Volume XXVIII Page 52 CITIZENS COMMENTS Mayor LeDoux read a letter from Hank and Gale Hagemeyer regarding Kodiak Clean -Up Day. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Carlson said the trip to Washington D.C. was very beneficial. MESSAGES FROM THE BOROUGH MAYOR Mayor LeDoux reiterated the benefits of the Washington D.C. trip. UNFINISHED BUSINESS None. NEW BUSINESS A. BOARD OF ADJUSTMENT 1. An Appeal of the Planning and Zoning Commission's Decision on Case No. 02 -025 to Affirm an Administrative Decision Denying Zoning Compliance to Construct an Attached Addition and Arctic Entry Onto an Existing Mobile Home Located at Jackson's Mobile Home Park Space #68. (Applicant /Appellant: Mr. Don Lakings) Mayor LeDoux recessed the regular meeting and convened the Board of Adjustment. She said thirty -three appeal notices were mailed and none were returned. Mayor LeDoux explained 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. She 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 an ordinance was adopted in 1993 incorporating regulations for future compliance. Mr. Lakings had a grandfathered addition on his mobile home that he tore down. In the process of rebuilding the addition, Borough staff discovered he was in violation. He said Mr. Lakings struggled through the appeal process, but the Planning and Zoning Commission denied his appeal because the mobile home was still not in compliance. He said there were many concerns regarding the 1993 ordinance. Regular Assembly Meeting April 17, 2003 CITIZENS COMMENTS COMMITTEE REPORTS COMMITTEE None. REPORTS PUBLIC HEARING BOROUGH MANAGER'S REPORT MESSAGES FROM THE BOROUGH MAYOR UNFINISHED BUSINESS NEW BUSINESS BOARD OF ADJUSTMENT LAKINGS Volume XXVII Page 53 2. Appellant Pon Lakinas said he tore down the old addition because it was in disarray and an old oil tank was underneath. He said the original wall was attached to the trailer before he purchased the home. He wanted to know what to do to correct the situation because every time he attempted to correct the situation he was denied. 3. Private persons supportina the appeal Melvin Stephens said Mr. Lakings was in compliance according to the code. 4. Private persons opposing the appeal None. 5. Appellant rebuttal Do Lakinas said he was learning the process but would like to fix all of the problems while supporting his family. He said Herman Malutin retracted his original remarks from the planning and zoning meeting. After a ten minute recess at 8:16 p.m., Mayor LeDoux reconvened the Board of Adjustment. RAZO, moved to affirm the Planning seconded by HEINRICHS and Zoning Commission's Decision on Case No. 02 -025 to Affirm an Administrative Decision Denying Zoning Compliance to Construct an Attached Addition and Arctic Entry Onto an Existing Mobile Home Located at Jackson's Mobile Home Park Space #68. (Applicant /Appellant: Mr. Don Lakings) Assemblymember Wells said it was hard to understand how a site plan would have such an impact on an addition to a mobile home. She said Jackson's Mobile Home Park conformed to the previously existed code. Assemblymember Bonney wondered how many additions had been built since 1993. He felt Mr. Lakings was being singled - out. He read the definition of a mobile home park from the Borough Code. Manager Carlson was not sure how many add -ons were built since 1993; however, the code addressed mobile homes, not add -ons. Assemblymember Bonney asked how staff decides what is allowable, he felt it was unfair to put Mr. Lakings through so much. Assemblymember Razo said the questions should be limited to what was presented. Assemblymember Bonney said they were there to help people, not pose road blocks. He would vote to reverse the motion. Assemblymember Razo agreed with Mel Stephens in that Mr. Lakings did as much as he could with the resources he had. Regular Assembly Meeting April 17, 2003 Volume XXVIII Page 54 Assemblymember Heinrichs said the residential occupancy was legal and an addition did not increase the non- conformity of the park. Assemblymember Abell agreed with the previous comments. He wondered why a staff member was not available to answer questions. He felt Mr. Lakings was unfairly put through a difficult system. WELLS, seconded by BONNEY VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED: VOTE ON MOTION AS AMENDED Ayes: Noes: MOTION CARRIED: HEINRICHS, seconded by STEVENS VOTE ON MOTION TO POSTPONE Regular Assembly Meeting April 17, 2003 moved to amend the motion by replacing the word "affirm" with the word "reverse Abell, Branson, Bonney, Heinrichs, Razo, Stevens, Wells None Unanimous Bonney, Branson, Heinrichs Razo, Stevens, Wells, Abell None Unanimous Manager Carlson said it would be difficult to prepare findings of fact. moved to postpone the findings -of -fact and conclusions supporting the Board of Adjustment's decision to the next regular Assembly meeting. Ayes: Branson, Heinrichs Razo, Stevens, Wells, Abell, Bonney Noes: None MOTION CARRIED: Unanimous Mayor LeDoux announced the Board of Adjustment's decision shall be mailed to the parties to the appeal within ten (10) 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. After a ten minute recess, Mayor LeDoux reconvened the Board of Adjustment at 8:49 p.m. 2. An Appeal of the Planning and Zoning Commission's Decision on Case No. 03 -004 to Affirm an administrative Decision to Grant Preliminary Approval, Subject to Conditions, for the Abbreviated Subdivision Request to Replat Lot 7A -2, Block 1, Bells Flats Alaska Subdivision Creating Lots 7A -2A and 7A -2B, Block 1, Bells Flats Alaska Subdivision. (Applicant: Mr. Robert Tarrant - Appellant: Mr. William Williams) TARRANT/ WILLIAMS Volume XXVIII Page 55 Mayor LeDoux said twenty appeal notices were mailed and two were returned. She said 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. Only persons who submitted written argument on the appeal, or testified before the Commission, or submitted written comments to the Commission may present oral argument. She 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. Borouah Staff Manager Carlson said this was an appeal from the adjoining property owner. He noted the records supporting the Commission's decision. 2. Appellant William Williams, adjacent property owner, said he attempted but was not allowed to subdivide in 1994. He said that adding another septic system within the 2600 square foot area would affect his well. 3. Private Person supporting the appeal None. 4. Private Person opoosina the appeal gobert Tarrant said he submitted a letter opposing the appeal. 5. Appellant rebuttal William Williams restated his reason for the appeal. STEVENS, move to affirm the Planning seconded by HEINRICHS and Zoning Commission's decision on Case No. 03 -004 to affirm an administrative decision to grant preliminary approval, subject to conditions, for the abbreviated subdivision request to replat Lot 7A -2, Block 1, Bells Flats Alaska Subdivision creating Lots 7A- 2A and 7A -2B, Block 1, Bells Flats Alaska Subdivision. (Applicant: Mr. Robert Tarrant - Appellant: Mr. William Williams) Assemblymember Heinrichs said Title 16 was very technical and articulated orderly development of subdivisions. He said the Borough needed to look at the growth of the community. He understood Mr. Williams' concerns but felt that the proposed subdivision should be allowed. Assemblymember Stevens referred to a memo from David Crowe dated September 11, 1984, that was an opinion of the Engineer to grant final approval. Regular Assembly Meeting April 17, 2003 Volume XXVIII Page 56 Assemblymember Bonney said the Assembly had no right to stop people from developing their land and he would vote to affirm the decision. Assemblymember Heinrichs said this was a preliminary plat approval and there would be no further formal action. Assemblymember Razo felt Mr. Tarrant complied with Borough Code. VOTE ON MOTION TO AFFIRM Ayes: Heinrichs, Razo, Stevens, Wells, Bonney, Branson Noes: MOTION CARRIED: STEVENS, seconded by HEINRICHS VOTE ON MOTION TO POSTPONE Abell Ayes: Razo, Stevens, Wells, Abell, Bonney, Branson, Heinrichs Noes: None MOTION CARRIED: Unanimous 6 Ayes; 1 No move to postpone the findings - of -fact and conclusions supporting the Board of Adjustment's decision to affirm in whole the Planning and Zoning Commission's decision on Case No. 03 -004 to affirm an administrative decision to grant preliminary approval, subject to conditions, for the abbreviated subdivision request to Replat Lot 7A -2, Block 1, Bells Flats Alaska Subdivision creating Lots 7A- 2A and 7A -2B, Block 1, Bells Flats Alaska Subdivision (Applicant: Mr. Robert Tarrant - Appellant: Mr. William Williams) to the next regular Assembly meeting. Mayor LeDoux announced the Board of Adjustment's decision would 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. Mayor LeDoux adjourned the Board of Adjustment and reconvened the Regular Meeting at 9:25 p.m. B. CONTRACTS None. C. RESOLUTIONS 1. Resolution No. 2003 -12 Supporting an Extension of Funding Provided by the Exxon Valdez Oil Spill Trustee Council, Until September 30, 2004, to Address the Removal of Hazardous Materials from the Villages on Kodiak Island - Akhiok, Karluk, Larsen Regular Assembly Meeting April 17, 20.03 CONTRACTS RESOLUTIONS RESOLUTION NO. 2003 -12 Volume XXVIII Page 57 Bay, Old Harbor, Ouzinkie, and Port Lions - and Supporting the Kodiak Island Village Environmental Committee's Cooperative and Coordinated Implementation of the Exxon Valdez Oil Spill (EVOS) Plan #99304. STEVENS, move to adopt Resolution seconded by RAZO No. 2003 -12. Manager Carlson said there was a possibility the grant would not be renewed when it expires September 30, 2003. due to the division of the Department of Environmental Conservation that administered the contract. VOTE ON MOTION TO ADOPT Ayes: Stevens, Wells, Abell, Bonney, Branson, Heinrichs, Razo Noes: None MOTION CARRIED: Unanimous D. ORDINANCES FOR INTRODUCTION None. E. OTHER ITEMS None. CITIZENS COMMENTS Clarence Selia was asked to hold his comments to Board of Adjustment Case No. 02 -025 until the findings -of -fact were adopted. ASSEMBLYMEMBER BER COMMENTS Assemblymember Heinrichs congratulated Marcella Amodo, Jeff Johnson, and the Clerk's Office. He wished everyone a Happy Easter. Assemblymember Bonney said he was told not to speak to staff regarding technical questions on the Board of Adjustment; however, he felt he should have been allowed. Assemblymember Stevens wanted to adopt a resolution supporting the Alaska Science and Technology Foundation at the next meeting. Assemblymember Wells said the Planning and Zoning Commission wanted to be invited to an Assembly work session. She wanted topography to be addressed. Assemblymember Abell said the bond issues did not look hopeful. Assemblymember Razo said there would be major budget cuts for the School District. He felt the Legislature needed to preserve education. Mayor LeDoux announced that the Assembly work session on Thursday, April 24, was rescheduled to Tuesday, April 29, at 7:30 p.m. in the Borough conference room. The Assembly will hold a regular meeting on Thursday, May 1, at 7:30 p.m. in the assembly chambers. ORDINANCES FOR INTRODUCTION OTHER ITEMS CITIZENS COMMENTS ASSEMBLYMEMBER COMMENTS Regular Assembly Meeting Volume XXVIII April 17, 2003 Page 58 Members of Stevens on conference Members of the Alaska ADJOURNMENT There being no further business to Assembly, the meeting adjourned at ATTEST: udith A. Ni Borough Clerk the Assembly would meet with Senator Gary Friday, April 18, at 11:00 a.m. in the Borough room. the. Assembly would travel to Juneau to attend Municipal League Conference April 23 -24, 2003. Regular Assembly Meeting April 17, 2003 come before the 9:43 p.m. A 2E0 107 Gabrielle LeDoux, Mayor 1 en, CMC Approved: 05/15/2003 ADJOURNMENT Volume XXVIII Page 59