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2003-09-04 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting September 4, 2003 A regular meeting of the Kodiak Island Borough Assembly was held September 4, 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 Greg Razo Wayne Stevens Nancy Wells Absent: Pat Branson Robin Heinrichs comprising a quorum of the Assembly; and Pat Carlson, Manager Judith Nielsen, Borough Clerk Nova Javier, Deputy Clerk STEVENS, moved to excuse Assemblymembers seconded by ABELL Branson and Heinrichs. VOTE ON MOTION TO EXCUSE MOTION CARRIED: Unanimous Voice Vote APPROVAL OF AGENDA RAZO, moved to approve the seconded by STEVENS agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS A. U.S. Army Corps of Engineers Update Dr. Mollie Tevrucht, U.S. Army Corps of Engineers representative, reported on the removal of contaminated soil and oil tanks in Kodiak. There would be an open house September 6, 2003 at Safeway. In response to Assemblymember Razo, she said that of 200 tanks removed, 199 were contaminated. In response to Manager Carlson, she said that with the closing of Soil Processing, Inc. in Kodiak, they would seek bids from barge companies to ship the contaminated soil off Island. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES AWARDS AND PRESENTATIONS Regular Assembly Meeting Volume XXVIII September 4, 2003 Page 117 CITIZENS COMMENTS Captain Dave Davis, of the Salvation Army, thanked Bayside Assistant Fire Chief, Bob Himes and all 35 volunteer fire fighters and emergency medical technicians for their commitment. He announced they would be celebrating Bayside's 20th Anniversary on September 20, 2003. COMMITTEE REPORTS Assemblymember Razo encouraged community members to start voicing their opinions about the fiscal gap to the Governor. Assemblymember Stevens announced the Providence Board would meet on September 16 at the Fisheries Research Center and encouraged Assembly participation. He noted language would be introduced in Congress to help with the Tri -care Reimbursement issue. PUBLIC HEARING PUBLIC HEARING 1. Alcoholic Beverage Control Board Request for Transfer of Ownership, Location, and Name Change from the Breakers Bar to the Power House Restaurant. STEVENS, seconded by RAZO moved to voice non - objection to the liquor license transfer of ownership, location, and name change from the Breakers Bar to the Power House Restaurant. Mayor LeDoux announced that 181 public hearing notices were mailed and six were returned. Manager Carlson reported that everything was in order and asked the Assembly to voice non - objection. Mayor LeDoux called for public testimony; hearing and seeing none, she reconvened the regular meeting. VOTE ON MOTION TO VOICE NON - OBJECTION Ayes: Abell, Bonney, Razo, Stevens, Wells Noes: None Absent: Branson, Heinrichs MOTION CARRIED: Unanimous 2. Ordinance No. 2002 -10D Amending Ordinance No. 2002 -10 Kodiak Island Borough Fiscal Year 2003 Budget to Reflect Amendments. RAZO, moved to adopt seconded by STEVENS Ordinance No. 2002 -10D. Manager Carlson said this ordinance would adjust the budgets of several different funds. Mayor LeDoux called for public testimony; hearing and seeing none, she reconvened the regular meeting. CITIZENS COMMENTS COMMITTEE REPORTS LIQUOR LICENSE TRANSFER ORDINANCE NO. 2002 -10D Regular Assembly Meeting Volume XXVIII September 4, 2003 Page 118 VOTE ON MOTION TO ADOPT Ayes: Bonney, Razo, Stevens, Wells, Abell Noes: None Absent: Branson, Heinrichs MOTION CARRIED: Unanimous BOROUGH MANAGER'S REPORT BOROUGH MANAGER'S Manager Carlson said that a community health aide grant was REPORT received that would provide care for uninsured members of the community. He congratulated the Senior Citizens of Kodiak, Inc. for their accreditation. He announced that Anton Larsen parking was open to the public. He said major changes were made to the Statewide Transportation Improvement Plan (STIP). In response to Mayor LeDoux, Assemblymember Stevens was not certain when the community health aide grant would start because of conditions and terms specific to the start date. MESSAGES FROM THE BOROUGH MAYOR Mayor LeDoux congratulated the Health Care Foundation for the community health aide grant that would be an asset to the community as 23% of the populace had no health care insurance. She announced their receipt of the consolidation report and hoped it could be discussed on the Assembly agenda. MESSAGES FROM THE BOROUGH MAYOR UNFINISHED BUSINESS UNFINISHED None. BUSINESS NEW BUSINESS NEW BUSINESS A. CONTRACTS CONTRACTS 1. Contract No. 2003 -32 Rebuild of the Kodiak Island CONTRACT Borough Landfill Baler Unit. NO. 2003 -32 WELLS, moved to approve Contract seconded by BONNEY No. 2003 -32 with Pioneer Supply, VOTE ON MOTION TO AWARD Inc. of Wasilla in an amount not to exceed $23,847. Manager Carlson said portions of the baler were rebuilt on an annual basis and this was part of the regular maintenance schedule. He said this was a sole source contract. Ayes: Razo, Stevens, Wells, Abell, Bonney Noes: None Absent: Branson, Heinrichs MOTION CARRIED: Unanimous Regular Assembly Meeting Volume XXVIII September 4, 2003 Page 119 B. RESOLUTIONS 1. Resolution No. 2003 -25 Supporting and Recommending Adoption of Senate Concurrent Resolution 12 Requiring that the Local Boundary Commission Consider Borough Incorporation for Four of the Unorganized Areas Determined to Meet Borough Incorporation Standards. STEVENS, moved to adopt Resolution seconded by ABELL No. 2003 -25. Manager Carlson noted that the Aleutians West Model Borough and Prince William Sound Model Borough were included on the list. In response to Assemblymember Stevens, Manager Carlson said that incorporation of unorganized areas would reduce the state's financial pressure. Assemblymember Razo introduced this resolution at the request of Senator Wilken. He explained large areas of the State do not pay property taxes yet receive financial state aid. Manager Carlson explained this would help relieve the State of the substantial burden of providing local services. VOTE ON MOTION TO ADOPT Ayes: Stevens, Wells, Abell, Bonney, Razo Noes: Absent: MOTION CARRIED: 2. Resolution No. 2003 -20A Amending the Title of Resolution No. 2003 -20 From -- Establishing Fees of the Kodiak Island Borough for Fiscal Year 2004 To -- Establishing Fees of the Kodiak Island Borough. STEVENS, moved to adopt Resolution seconded by WELLS No. 2003 -20A. Clerk Nielsen said this resolution would reestablish the fee schedule without the fiscal year end date. VOTE ON MOTION TO ADOPT Ayes: Wells, Abell, Bonney, Razo, Stevens Noes: None Absent: Branson, Heinrichs MOTION CARRIED: Unanimous 3. Resolution No. 2003 -20B Amending Resolution No. 2003 -20 Establishing Fees of the Kodak Island Borough for Clarification and an Additional Financial Tier for Construction Dumpsters Utilized by Smaller Projects and Individual Homeowners. Regular Assembly Meeting September 4, 2003 None Branson, Heinrichs Unanimous RESOLUTIONS RESOLUTION NO. 2003 -25 RESOLUTION NO. 2003 -20A RESOLUTION NO. 2003 -20B Volume XXVIII Page 120 WELLS, moved to adopt Resolution seconded by ABELL No. 2003 -20B. Manager Carlson said the Engineering and Facilities Department identified some line items that required clarification as well as a language addition for construction dumpsters. VOTE ON MOTION TO ADOPT Ayes: Abell, Bonney, Razo, Stevens, Wells Noes: Absent: MOTION CARRIED: C. ORDINANCES FOR INTRODUCTION None Branson, Heinrichs Unanimous 1. Ordinance No. 2003 -07 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.43 Parks and Recreation Committee Section 2.43.010 Committee Created -- Duties and Section 2.43.020 Appointment, terms and procedures. RAZO, moved to adopt Ordinance seconded by WELLS No. 2003 -07 in first reading to advance to public hearing on September 18, 2003. Assemblymember Bonney said the ATV Stakeholder Committee was temporary in nature and he encouraged members to continue participation through the Parks and Recreation Committee. VOTE ON MOTION TO ADOPT Ayes: Bonney, Razo, Stevens, Wells, Abell Noes: Absent: MOTION CARRIED: D. OTHER ITEMS 1. APPEAL TO THE ASSEMBLY None Branson, Heinrichs Unanimous An Appeal of the Planning and Zoning Commission's Decision on Case No. 03 -003 GRANTING Preliminary Approval of the Vacation and Replat of Woodland Acres, Lots A1A, AlB, A1C and Erwin Estates, Lot 1, Creating Erwin Estates, USS 1682, Lots 1A, 4, 5, 6, 7 Including the Vacation of a Five (5) Foot Portion of a Fifteen (15) Foot Pedestrian Access Easement Over a Portion of Lot 1, Erwin Estates and the Amendment of a Plat Note, per Plats 99 -23, 98 -21 and 95 -23 to Eliminate a Prohibition on Structural Development, and Creating a Forty (40) Foot Private Drive Access Road. (Applicant /Appellant: Ron and Maria Painter) Mayor LeDoux said the Assembly decided to allow additional public testimony at the last regular meeting. She said the assembly shall decide the appeal upon the appeal record and the written and oral argument presented on the appeal. ORDINANCES FOR INTRODUCTION ORDINANCE NO. 2003 -07 OTHER ITEMS APPEAL TO THE ASSEMBLY Regular Assembly Meeting Volume XXVIII September 4, 2003 Page 121 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. The order of oral argument is as follows: 1. Borough staff, including commission representatives: 10 minutes to present the decision and to set forth the evidence and reasons relied upon for the decision. 2. Appellant: 10 minutes - (Ron Painter /Maria Painter /Mel Stephens) 3. Private person supporting the appeal: 10 minutes 4. Private person opposing the appeal: 10 minutes 5. Appellant, for rebuttal: 10 minutes - (Ron Painter /Maria Painter /Mel Stephens) After a five minute recess, Mayor LeDoux reconvened the appeal at 8:20 p.m. 1. Borough Staff Manager Carlson said Barbara Williams, Commission representative, was available to answer any questions by phone. 2. Appellant Mel Stephens, Painter's counsel, limited his comments to legal issues to the first three conditions imposed by the Planning and Zoning Commission. Ron Painter asked the Assembly to uphold the facts and codes. Maria Painter asked the Assembly to base their decision upon the record and not the number of people who spoke. 3. Private persons supporting the appeal None. 4. Private persons opposing the appeal The following spoke in opposition to the appeal: Jim Crane Ken Hansen Giovanni Tallino Jan Philpot Jerry Bongen 5. Appellant for rebuttal Mel Stephens said the Painter's were given discriminatory treatment. He asked the Assembly to grant the appeal. Maria Painter said the people who opposed did not have any deeds stating their rights. RAZO, seconded by WELLS Regular Assembly Meeting Volume XXVIII Page 122 September 4, 2003 moved to convene into executive session as a quasi - judicial board. ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION Ayes: Abell, Bonney, Razo, Stevens, Wells Noes: None Absent: Branson, Heinrichs MOTION CARRIED: Unanimous In response to Mayor LeDoux's comment that Mr. Stephens implied an inappropriateness of inviting the manager into executive session, Assemblymember Abell asked to exclude Manager Carlson. Assemblymember Razo concurred. At 9:30 p.m. Mayor LeDoux recessed the Appeal to the Assembly. At 9:45 p.m. Mayor LeDoux reconvened the Appeal to the Assembly. RAZO, move to affirm in part the seconded by WELLS decision of the Planning and Zoning Commission, requiring conditions of approval numbered two through ten and reverse as to condition one, so as to require that existing plat note language in its entirety continue on any vacation and replat of the real property in issue. ROLL CALL VOTE ON MOTION Ayes: Razo, Stevens, Wells, Abell, Bonney Noes: None Absent: Branson, Heinrichs MOTION CARRIED: Unanimous STEVENS, moved to postpone the Findings - seconded by BONNEY of -Fact supporting the appeal to the Assembly's decision to the next regular Assembly meeting of Sepemer 18, 2003. ROLL CALL VOTE ON MOTION Ayes: Stevens, Wells, Abell, Bonney, Razo Noes: None Absent: Branson, Heinrichs MOTION CARRIED: Unanimous Mayor LeDoux announced the Assembly'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 Regular Assembly Meeting Volume XXVIII Page 123 September 4, 2003 EXECUTIVE SESSION FINDINGS -OF- FACT POSTPONEMENT aggrieved by a final decision of the Appeal to the Assembly under this chapter may appeal that decision to the superior court. An appeal to superior court shall be heard solely on the record before the Appeal to the Assembly. The appeal procedure shall be governed by the rules set forth in part six of the Rules of Appellate Procedure for the State of Alaska. Mayor LeDoux reconvened the regular meeting. CITIZENS COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Stevens said a survey being conducted by Northern Economics for the South West Municipal Conference would determine the economic impact on the money earned in the region and spent outside the region. He asked recipients to complete and return the survey forms. He also asked the Clerk to advertise this on the news page. He congratulated Senior Citizens of Kodiak, Inc. for their accreditation and Bayside Fire Station on their 20 anniversary. Assemblymember Wells was glad to hear about the health care grant. She announced the Community Health Fair would be held on Saturday, September 6, 2003. Assemblymember Razo congratulated Judge Joel Bolger's appointment to the Superior Court in Kodiak. He congratulated the candidates who chose to run for the Borough Assembly. Mayor LeDoux announced the Assembly would meet in a work session on Thursday, September 11 at 7:30 p.m. in the Borough conference room; a joint Assembly /City Council work session on Tuesday, September 16 at 7:30 p.m. in the Borough conference room; and a regular meeting on Thursday, September 18, at 7:30 p.m. in the assembly chambers. There is a regular municipal election on Tuesday, October 7. To be eligible to vote, you must be registered to vote by September 7. If you will turn eighteen by October 7, you may register to vote now and be eligible to vote on October 7. ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 9:40 p.m. ATTEST: �� Judith A. Niel en, CMC Borough Clerk Regular Assembly Meeting September 4, 2003 Gabrielle LeDoux, Approved: 11/06/2003 CITIZENS COMMENTS ASSEMBLY MEMBER COMMENTS ADJOURNMENT Volume XXVIII Page 124