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2003-11-20 Regular MeetingThere were present: Mayor: Gabrielle LeDoux Assemblymember: Tom Abell Tuck Bonney Absent: Pat Branson Robin Heinrichs seconded by BONNEY VOTE ON MOTION TO EXCUSE MOTION CARRIED: APPROVAL OF AGENDA BONNEY, seconded by ABELL VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES VOTE ON MOTION TO APPROVE Regular Assembly Meeting November 20, 2003 KODIAK ISLAND BOROUGH Regular Assembly Meeting November 20, 2003 A regular meeting of the Kodiak Island Borough Assembly was held November 20, 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 Nazarene, followed by the Pledge of Allegiance. Cecil Ranney Nancy Wells Wayne Stevens comprising a quorum of the Assembly; and Bud Cassidy, Administrative Official Judith Nielsen, Borough Clerk Nova Javier, Deputy Clerk WELLS, moved to excuse Assemblymembers Branson, Heinrichs, and Stevens. Unanimous Voice Vote moved to approve the agenda. Unanimous voice vote A. Kodiak Island Borough Assembly Regular Meeting Minutes of October 2 and 16, 2003. BONNEY, moved to approve the seconded by ABELL minutes as submitted. MOTION CARRIED Unanimous voice vote REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Volume XXVIII Page 148 D. OTHER ITEMS OTHER ITEMS 1. Planning and Zoning Commissioner Resignation. ABELL, seconded by BONNEY VOTE ON MOTION Ayes: Bonney, Ranney, Wells, Abell Noes: None Absent: Branson, Heinrichs, Stevens MOTION CARRIED: Unanimous Mayor LeDoux recessed the regular meeting and convened the Board of Adjustment. 2. BOARD OF ADJUSTMENT An Appeal of the Planning and Zoning Commission's Decision on Appeal Case No. 03 -015 affirming the administrative decision, per KIBC 17.90.020A, denying zoning compliance to construct an attached addition onto an existing mobile home located at Erdman's Mobile Home Park Space #9. (Applicant /Appellant: Erdman Rentals, Dawn Lee Black, Owner) Mayor LeDoux announced the Assembly shall decide the appeal upon the appeal record and the written and oral argument presented on the appeal. Per Borough Code, 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: Borough staff; appellant; private persons supporting the appeal; private persons opposing the appeal; and appellant, for rebuttal. 1. Borough staff. In response to Mayor LeDoux, Administrative Official Cassidy related that there was no staff report. 2. Appellant. moved to accept, with regret, the resignation of Jake Ketscher from the Planning and Zoning Commission for a term to expire December 31, 2003. Mayor LeDoux noted that the appellant was not in the audience. Clerk Nielsen noted that Ms. Black was in the Borough building earlier in the day and stated her intent to attend the hearing. When Assemblymember Abell noted that there was no motion, Clerk Nielsen stated that as a quasi - judicial board, the motion could be made after discussion. PLANNING AND ZONING COMMISSION RESIGNATION BOARD OF ADJUSMENT Regular Assembly Meeting Volume XXVIII November 20, 2003 Page 150 Assemblymember Bonney said he spent many hours reviewing the records and was disappointed that the appellant did not attend the hearing. He supported staff's decision. Mayor LeDoux noted that often the record allowed for the Board of Adjustment to make a decision without oral testimony. ABELL, seconded by BONNEY moved to affirm in whole the Planning and Zoning Commission's Decision on Appeal Case No. 03- 015, affirming the administrative decision, per KIBC 17.90.020A, denying zoning compliance to construct an attached addition onto an existing mobile home located at Erdman's Mobile Home Park Space #9. (Applicant/ Appellant: Erdman Rentals, Dawn Lee Black, Owner) Clerk Nielsen suggested discussion on the findings of fact and conclusions supporting the decision. Assemblymember Abell felt there was a need for the Assembly to review the Borough's mobile home park laws. He said affirming the Commission's decision on this case was appropriate. Assemblymember Wells felt comfortable accepting and adopting the findings of fact that the Commission set forth. VOTE ON MOTION Ayes: Ranney, Wells, Abell, Bonney, Noes: None Absent: Branson, Heinrichs, Stevens MOTION CARRIED: Unanimous BONNEY, moved to postpone the Findings -of- seconded by ABELL Fact affirming in whole the Planning and Zoning Commission's Decision on Appeal Case No. 03- 015, affirming the administrative decision, per KIBC 17.90.020A, denying zoning compliance to construct an attached addition onto an existing mobile home located at Erdman's Mobile Home Park Space #9 (Applicant/ Appellant: Erdman Rentals, Dawn Lee Black, Owner) to the next regular Assembly meeting. VOTE ON MOTION Ayes: Wells, Abell, Bonney, Ranney, Regular Assembly Meeting Volume XXVIII November 20, 2003 Page 151 There were present: Mayor: Gabrielle LeDoux Assemblymember: Tom Abell Tuck Bonney Absent: Pat Branson Robin Heinrichs BONNEY, seconded by ABELL VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES VOTE ON MOTION TO APPROVE Regular Assembly Meeting November 20, 2003 KODIAK ISLAND BOROUGH Regular Assembly Meeting November 20, 2003 A regular meeting of the Kodiak Island Borough Assembly was held November 20, 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 Cornctt of the Church- - of Nazarene, followed by the Pledge of Allegiance. Cecil Ranney Nancy Wells Wayne Stevens comprising a quorum of the Assembly; and Bud Cassidy, Administrative Official Judith Nielsen, Borough Clerk Nova Javier, Deputy Clerk WELLS, moved to excuse Assemblymembers seconded by BONNEY Branson, Heinrichs, and Stevens. VOTE ON MOTION TO EXCUSE MOTION CARRIED: Unanimous Voice Vote APPROVAL OF AGENDA moved to approve the agenda. Unanimous voice vote A. Kodiak Island Borough Assembly Regular Meeting Minutes of October 2 and 16, 2003. BONNEY, moved to approve the seconded by ABELL minutes as submitted. MOTION CARRIED Unanimous voice vote REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Volume XXVIII Page 148 AWARDS AND PRESENTATIONS None. CITIZENS COMMENTS None. COMMITTEE REPORTS Nonc. PUBLIC HEARING A. Ordinance No. of Ordinances 2.17 Rules of Rights. BONNEY, moved to adopt seconded by ABELL Ordinance No. 2003 -08. Mayor LeDoux said this eliminated the need for citizens to state their address for the record when addressing the Assembly. Mayor LeDoux called for public testimony; hearing and seeing none, she reconvened the regular meeting. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED: BOROUGH MANAGER'S REPORT None. MESSAGES FROM THE BOROUGH MAYOR Mayor LeDoux announced that she and Assemblymember Ranney attended the Alaska Municipal League Conference in Nome. She wished everyone a very nice Thanksgiving holiday. UNFINISHED BUSINESS None. NEW BUSINESS A. CONTRACTS None. B. RESOLUTIONS None. C. ORDINANCES FOR INTRODUCTION None. Regular Assembly Meeting November 20, 2003 2003 -08 Amending Kodiak Island Borough Code Title 2 Administration and Personnel Chapter the Assembly Section 2.17.090 Citizens' Abell, Bonney, Ranney, Wells None Branson, Heinrichs, Stevens Unanimous AWARDS AND PRESENTATIONS CITIZENS COMMENTS CUMM I'1 1'EE REPORTS PUBLIC HEARING ORDINANCE NO. 2003 -08 BOROUGH MANAGER'S REPORT MESSAGES FROM THE BOROUGH MAYOR UNFINISHED BUSINESS NEW BUSINESS CONTRACTS RESOLUTIONS ORDINANCES FOR INTRODUCTION Volume XXVIII Page 149 D. OTHER ITEMS OTHER ITEMS 1. Planning and Zoning Commissioner Resignation. ABELL, seconded by BONNEY moved to accept, with regret, the resignation of Jake Ketscher from the Planning and Zoning Commission for a term to expire December 31, 2003. VOTE ON MOTION Ayes: Bonney, Ranney, Wells, Abell Noes: None Absent: Branson, Heinrichs, Stevens MOTION CARRIED: Unanimous Mayor LeDoux recessed the regular meeting and convened the Board of Adjustment. 2. BOARD OF ADJUSTMENT An Appeal of the Planning and Zoning Commission's Decision on Appeal Case No. 03 -015 affirming the administrative decision, per KIBC 17.90.020A, denying zoning compliance to construct an attached addition onto an existing mobile home located at Erdman's Mobile Home Park Space #9. (Applicant /Appellant: Erdman Rentals, Dawn Lee Black, Owner) Mayor LeDoux announced the Assembly shall decide the appeal upon the appeal record and the written and oral argument presented on the appeal. Per Borough Code, 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: Borough staff; appellant; private persons supporting the appeal; private persons opposing the appeal; and appellant, for rebuttal. 1. Borough staff. In response to Mayor LeDoux, Administrative Official Cassidy related that there was no staff report. 2. Appellant. Mayor LeDoux noted that the appellant was not in the audience. Clerk Nielsen noted that Ms. Black was in the Borough building earlier in the day and stated her intent to attend the hearing. When Assemblymember Abell noted that there was no motion, Clerk Nielsen stated that as a quasi - judicial board, the motion could be made after discussion. PLANNING AND ZONING COMMISSION RESIGNATION BOARD OF ADJUSMENT Regular Assembly Meeting Volume XXVIII November 20, 2003 Page 150 Assemblymember Bonney said he spent many hours reviewing the records and was disappointed that the appellant did not attend the hearing. He supported staff's decision. Mayor LeDoux noted that often the record allowed for the Board of Adjustment to make a decision without oral testimony. ABELL, seconded by BONNEY a t o affirm whole t 1-, .. moved to iii 1.116 Planning and Zoning Commission's - Decision on Appeal Case No. 03- 015, affirming the administrative decision, per KIBC 17.90.020A, denying zoning compliance to construct an attached addition onto an existing mobile home located at Erdman's Mobile Home Park Space #9. (Applicant/ Appellant: Erdman Rentals, Dawn Lee Black, Owner) Clerk Nielsen suggested discussion on the findings of fact and conclusions supporting the decision. Assemblymember Abell felt there was a need for the Assembly to review the Borough's mobile home park laws. He said affirming the Commission's decision on this case was appropriate. Assemblymember Wells felt comfortable accepting and adopting the findings of fact that the Commission set forth. VOTE ON MOTION Ayes: Ranney, Wells, Abell, Bonney, Noes: None Absent: Branson, Heinrichs, Stevens MOTION CARRIED: Unanimous BONNEY, moved to postpone the Findings -of- seconded by ABELL Fact affirming in whole the Planning and Zoning Commission's Decision on Appeal Case No. 03- 015, affirming the administrative decision, per KIBC 17.90.020A, denying zoning compliance to construct an attached addition onto an existing mobile home located at Erdman's Mobile Home Park Space #9 (Applicant/ Appellant: Erdman Rentals, Dawn Lee Black, Owner) to the next regular Assembly meeting. VOTE ON MOTION Ayes: Wells, Abell, Bonney, Ranney, Regular Assembly Meeting Volume XXVIII November 20, 2003 Page 151 Noes: None Absent: Branson, Heinrichs, Stevens MOTION CARRIED: Unanimous Mayor LeDoux announced the Board of Adjustment's decision shall be mailed to the parties to the appeal within ten working days after l decision clL ler file appeal uCl.:i SiOil aiiu approval of findings of fact. Any person aggrieved by a final decision of the Board of Adjustment 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 Board of Adjustment. 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 adjourned the Board of Adjustment and reconvened the Regular Meeting. CITIZENS COMMENTS CITIZENS COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Bonney wanted to review the mobile home code. He noted the need for affordable housing for low income people. He wished everyone a happy Thanksgiving. Assemblymember Wells gave an update on a grant for the villages to bring rural education to the 21st Century. She noted its tremendous potential and the improvement in the quality of rural education. She wished everyone a happy Thanksgiving. Assemblymember Abell wished everyone a happy Thanksgiving. Mayor LeDoux announced the Assembly will meet in a work session on Tuesday, December 2 at 7:30 p.m. in the Borough conference room and a regular meeting on Thursday, December 4 at 7:30 p.m. in the Assembly chambers. The Kodiak Island Borough offices will be closed November 27 and 28 in observance of the Thanksgiving holiday. ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 7:53 p.m. ATTEST: ;/ aeit_A d 14 udith A. Nie rs n, CMC Borough Clerk Gabrielle LeDoux, Mayor Approved: 01/10/2004 ASSEMBLY MEMBER COMMENTS ADJOURNMENT Regular Assembly Meeting Volume XXVIII November 20, 2003 Page 152