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2003-05-01 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting May 1, 2003 A regular meeting of the Kodiak Island Borough Assembly was held May 1, 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 Sargent Major Dave Blacketer of the Salvation Army, followed by the Pledge of Allegiance. There were present: Mayor: Gabrielle LeDoux Assemblymembers: Tom Abell Tuck Bonney Pat Branson Absent: Wayne Stevens comprising a quorum of the Assembly; and Pat Carlson, Manager Judi Nielsen, Borough Clerk Nova Javier, Deputy Clerk BRANSON, seconded by RAZO VOTE ON MOTION TO EXCUSE MOTION CARRIED Unanimous Voice Vote APPROVAL OF AGENDA HEINRICHS, moved to approve the seconded by BRANSON agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Special Meeting of April 15, 2003. RAZO, seconded by BRANSON VOTE ON MOTION TO APPROVE MOTION CARRIED AWARDS AND PRESENTATIONS 1. Proclamations Regular Assembly Meeting May 1, 2003 Robin Heinrichs Greg Razo Nancy Wells moved to excuse Assemblymember Stevens. moved to approve the minutes as submitted. Assemblymember Branson corrected the spelling of David Horne's name on page 2 of the minutes. Unanimous voice vote Mayor LeDoux proclaimed Saturday, May 3, 2003 "Litter Cleanup Day" on Kodiak Island urging all residents to join in the community cleanup campaign and to resolve to help keep Kodiak Island clean and beautiful throughout the year. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES AWARDS AND PRESENTATIONS PROCLAMATIONS LITTER CLEANUP DAY Volume XXVIII Page 60 CITIZENS COMMENTS Leslie Kerr, Federal Trustee for the Kodiak Brown Bear Trust, spoke in support of Resolution No. 2003 -14. Robin Gardner, Providence Kodiak Island Mental Health Center Director, reported on the finances and current activities of the Mental Health Center. A community based site review conducted by the Division of Mental Health through it's contractor Northern Community Resources was conducted at the facility and the Center did extremely well. The Mental Health Clinicians School Program was cited as exemplary and was recommended by the site review team for the State's Best Practice Award. She announced the community needs assessment final report would be provided to the community soon. Assemblymember Branson complimented Ms. Gardner and the Mental Health Center Staff for the operational improvements at the Center. Ron Eller, VFW Post Commander, was concerned about the increasing number of flies because of their close proximity to the landfill. He asked the Assembly to help them find a solution. Tom Ouick, Ouzinkie resident, thanked the Assembly for their commitment to the island -wide clean up efforts. Ron Eller, inquired about the status of the remedy being sought for the land erosion on his property. In response, Manager Carlson asked him to call him for further discussion. COMMITTEE REPORTS None. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Carlson said the Mental Health Center was meeting the needs of the community. He would be attending a fiber optics meeting with the Denali Commission and would provide an update at the next work session. MESSAGES FROM THE BOROUGH MAYOR Mayor LeDoux was pleased to see the State Senate restoring some of the budget cuts for education and hoped the House would do the same. She complimented the Mental Health Center operation improvements. Mayor LeDoux recessed the regular meeting at 7:56 p.m. and convened the Board of Adjustment. UNFINISHED BUSINESS A. BOARD OF ADJUSTMENT - FINDINGS OF FACT /CONCLUSIONS 1. Findings of Fact and Conclusions Supporting the Board of Adjustment's Decision to Reverse in Whole 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) Regular Assembly Meeting CITIZENS COMMENTS COMMITTEE REPORTS PUBLIC HEARING BOROUGH MANAGER'S REPORT MESSAGES FROM THE BOROUGH MAYOR UNFINISHED BUSINESS BOARD OF ADJUSTMENT CASE NO. 02 -025 Volume XXVIII May 1, 2003 Page 61 Mayor LeDoux explained that this was a continuation of the April 17, 2003 proceedings of the Board of Adjustment. HEINRICHS, moved to adopt the findings of seconded by RAZO fact and conclusions supporting the April 17, 2003 Board of Adjustment's decision to reverse in whole 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 068 (Applicant /Appellant: Mr. Don Lakings) as follows: 1. Jackson's Mobile Home Park is a legal non - conforming use of the land because it existed before the adoption of Borough Code Chapter 17.36, Existing Nonconforming Uses and Structures (Grandfather rights), and before the creation of the Borough; and therefore, falls under the grandfathering provisions of the code; and 2. The residential occupancy is legal; and 3. Replacing the historic addition does not expand the legal non - conforming use. There was no discussion by the Board of Adjustment. VOTE ON MOTION TO ADOPT Ayes: Abell, Bonney, Branson, Heinrichs, Razo, Wells Noes: None Absent: Stevens MOTION CARRIED: Unanimous After the vote, Mayor LeDoux announced this was the final decision of the board of adjustment. This 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 this date. Any person aggrieved by this 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 this decision is 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. 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 are supported by substantial evidence. 2. 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, Regular Assembly Meeting May 1, 2003 CASE NO. 03 -004 Volume XXVIII Page 62 Block 1, Bells Flats Alaska Subdivision. (Applicant: Mr. Robert Tarrant - Appellant: Mr. William Williams) Mayor LeDoux explained this was a continuation of the April 17, 2003 proceedings of the Board of Adjustment. WELLS, moved to adopt the findings of Seconded by RAZO fact and conclusions supporting the April 17, 2003 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) as follows: 1. The Planning and Zoning Commission affirmed an administrative decision to grant preliminary approval, subject to conditions, as its February 19, 2003 meeting; and 2. Subject to those conditions of approval, the proposed subdivision meets the minimum standards of KIBC Title 16 as required for preliminary plats; and 3. The proposed subdivision meets the minimum requirements of KIBC Title 17 subject to the ability to provide onsite well and septic systems in accordance with ADEC regulations. There was no discussion by the Board of Adjustment. VOTE ON MOTION TO ADOPT Ayes: Bonney, Branson, Heinrichs, Razo, Wells, Abell Noes: None Absent: Stevens MOTION CARRIED: Unanimous After the vote, Mayor LeDoux said this was the final decision of the board of adjustment. This final decision affirming the decision of the Planning and Zoning Commission shall be mailed to the parties to the appeal within ten (10) working days from this date. Any person aggrieved by this 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 this decision is 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. 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 are supported by substantial evidence. Regular Assembly Meeting Volume XXVIII May 1, 2003 Page 63 Mayor LeDoux adjourned the Board of Adjustment at 8:05 p.m. and reconvened the regular meeting. BUSINESS CONTRACTS 1. Contract No.2003 -11 Removal of Household Hazardous Waste From the Borough in Conjunction With Kodiak Spring Clean -up Day. moved to approve Contract No. 2003 -11 to Philip Services Corporation of Anchorage, Alaska in an amount not to exceed $35,000. Manager Carlson reported this would address household hazardous waste from the landfill material that would be collected during the up day. NEW A. BRANSON, seconded by HEINRICHS VOTE ON MOTION TO APPROVE Ayes: Noes: Absent: MOTION CARRIED: BRANSON, seconded by RAZO Noes: Absent: MOTION CARRIED: HEINRICHS, seconded by BRANSON the removal of and the spring clean- Branson, Heinrichs, Razo, Welts, Abell, Bonney None Stevens Unanimous B. RESOLUTIONS 1. Resolution No. 2003 -13 Urging Governor Frank H. Murkowski to Maintain the Trails and Recreation Access for the Alaska Citizens Advisory (TRAAK) Board as it Currently Exists. moved to adopt Resolution No. 2002 -13. Manager Carlson said this resolution urged Governor Murkowski to retain the TRAAK Board as an integral part of the development of trails. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Heinrichs, Razo, Wells, Abell, Bonney, Branson None Stevens Unanimous 2. Resolution No. 2003 -14 Supporting State Acquisition of Afognak Parcels. moved to adopt Resolution No. 2003 -14. After a five minute recess at 8:10 p.m., Mayor LeDoux reconvened the regular meeting at 8:15 p.m. NEW BUSINESS CONTRACTS CONTRACT NO. 2003 -11 RESOLUTIONS RESOLUTION NO, 2003 -13 RESOLUTION NO. 2003 -14 Volume XXVIII Regular Assembly Meeting May 1, 2003 Page 64 Tim Richardson, Kodiak Brown Bear Trust Executive Director, testified in support of the resolution. Assemblymember Bonney opposed the short notice on the resolution. He questioned the amount offered per acre, wondering why it dropped from $1300 to $300 per acre. Assemblymember Heinrichs related that no part of the Borough's consideration came at the expense of the settlement. VOTE ON MOTION TO ADOPT Ayes: Razo, Wells, Abell, Branson, Heinrichs Noes: Absent: MOTION CARRIED: C. ORDINANCES FOR 1. Ordinance No. 2003 -04 Rezoning Lot 17 and a portion of Lot 17A, Block 3, Leite Addition (proposed Lot 17A -1, Block 3, Leite Addition from RI Single - family Residential to PL- Public Use Land. (Case S03 -001) HEINRICHS, seconded by BRANSON Bonney Stevens 5 Ayes; 1 No INTRODUCTION moved to adopt Ordinance No. 2003 -04 in first reading to advance to public hearing on May 15, 2003. Manager Carlson said this was as a minor housekeeping measure to make the zoning conform to the new lot boundaries created by the consolidation plat that was filed. VOTE ON MOTION TO ADOPT Ayes: Wells, Abell, Bonney, Branson, Heinrichs, Razo Noes: Absent: MOTION CARRIED: D. OTHER ITEMS None. CITIZENS COMMENTS None. ASSEMBLY ER COMMENTS None Stevens Unanimous Assemblymember Razo disagreed with Mayor LeDoux's comments on education funding. He attended the Alaska Municipal League Conference (AML) and noted the tremendous effect of the governor's broken promises regarding full funding for education. Assemblymember Abell also attended AML and concurred with Assemblymember Razo. He wanted future discussion on the landfill facility. He was glad to see the success of the Mental Health Center. Regular Assembly Meeting May 1, 2003 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 2003 -04 OTHER ITEMS CITIZENS COMMENTS ASSEMBLYMEMBER COMMENTS Volume XXVIII Page 65 Assemblymember Wells spoke to the budget process and that concerned citizens should contact their legislators urging them to restore full funding of education and advising them of their willingness to pay for it. She invited the public to attend the Governor's Council on Disabilities Conference on May 7, 8, and 9, 2003 at the Buskin River Inn. She noted that the Soil Processing in Bells Flats began without the concrete barriers in place and that violated the court's order. She thanked Manager Carlson for working to correct the violation. Assemblymember Heinrichs thanked the Chamber of Commerce for being the catalysts for the Spring Cleanup in Kodiak. He encouraged everyone to participate. Assemblymember Branson also attended AML and as a member of the finance sub - committee, reported on the budget cuts from the State. She noted the major ramifications of these cuts. Mayor LeDoux announced that the Assembly would meet in a work session on Thursday, May 8 at 7:30 p.m. in the Borough conference room; a regular meeting on Thursday, May 15, at 7:30 p.m. in the assembly chambers; and a joint Assembly /City Council work session on Tuesday, May 20 at 7:30 p.m. in the Borough conference room. ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at : 5 p /�y .0 Gabrielle LeDoux, Mayor ATTEST: Jud h A. Nielse , CMC Bor, ugh Clerk Approved: 06/05/2003 ADJOURNMENT Regular Assembly Meeting Volume XXVIII May 1, 2003 Page 66