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01/03/2002 RMKODIAK ISLAND BOROUGH Regular Assembly Meeting January 3, 2002 A regular meeting of the Kodiak Island Borough Assembly was held January 3, 2002 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: ROLL CALL Assemblymembers: Robin Heinrichs, Deputy Mayor Tom Abell Wayne Stevens Pat Branson Darlene Turner Greg Razo Absent: Mayor LeDoux Tuck Bonney comprising a quorum of the Assembly; and Pat Carlson, Manager Judi Nielsen, Borough Clerk Nova Javier, Deputy Clerk TURNER, moved to excuse seconded by BRANSON Assemblymember Bonney VOTE ON MOTION TO EXCUSE MOTION CARRIED APPROVAL OF AGENDA RAZO, seconded by BRANSON VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES Regular Assembly Meeting January 3, 2002 Unanimous voice vote moved to approve the agenda. Unanimous voice vote 1. Kodiak Island Borough Assembly Regular Meeting Minutes of September 6 and November 1, 2001. BRANSON, moved to approve the seconded by TURNER minutes as submitted. Assemblymember Branson noted that on page 3 of the November 1 minutes a motion was made and seconded by Assemblymember Turner. Assemblymember Turner noted that on page 2 of the September 6 minutes Dr. Carver's first name should be corrected from York to Gary. REGULAR MEETING APPROVAL OF AGENDA APPROVAL OF MINUTES Volume XXVII Page 116 VOTE ON MOTION TO APPROVE AS CORRECTED MOTION CARRIED Unanimous voice vote AWARDS AND PRESENTATIONS None. CITIZENS' COMMENTS Captain Davis thanked the Assembly for their service to the community. COMMITTEE REPORTS None. PUBLIC HEARING A. Ordinance No. 2001 -21 Rezoning Lot 29 -A, of U.S. Survey 2539, From C- Conservation To RR1 -Rural Residential One, in Accordance with the Map Attached Dated November 6, 2001 (Exhibit A) (Located Between Shannon Point and Frye Point Along Womens Bay). RAZO, moved to adopt seconded by BRANSON Ordinance No. 2001 -21. Manager Carlson said the request was to rezone a 34.78 acre portion of U.S. Survey 2539, from C- Conservation to RR1 -Rural Residential one. He noted that the property was not in the current comprehensive plan. He felt there would be sufficient water and sewer on the site. He urged the Assembly to adopt the resolution based on the Planning and Zoning Commission recommendation. Deputy Mayor Heinrichs informed the public that they could listen to KMXT 100.1 FM for a clearer audio reception of the meeting. Michael Brechan, Vulcan Company Representative, thanked the Borough staff for their cooperation with the proposed subdivision. He felt it was beneficial to the community. VOTE ON MOTION TO ADOPT Ayes: Abell, Branson, Heinrichs, Razo, Stevens, Turner Noes: None Absent: Bonney MOTION CARRIED Unanimous BOROUGH MANAGER'S REPORT Manager Carlson wished everyone a happy new year. He reported that he and staff began working on the budget. He also worked on the revision of the CIP list. He thanked Regular Assembly Meeting January 3, 2002 AWARDS AND PRESENTATIONS CITIZENS' COMMENTS COMMITTEE REPORTS PUBLIC HEARING ORDINANCE No. 2001 -21 MANAGER'S REPORT Volume XXVII Page 117 SWAMC for the mitigation funds. He mentioned that Michelle Conrad was hired as the new general accountant and that the new appraiser and new assistant clerk would be on board soon. He asked the public to dispose of their garbage properly by using a dumpster that is not full and not using an already overflowing dumpster as had happened on Larch Street. He said that an ordinance against littering was in place and would be enforced in the Borough. MESSAGES FROM THE BOROUGH MAYOR Deputy Mayor Heinrichs wished everyone a happy new year. He said the Assembly had a lot to be thankful for and he was pleased to see the momentum of the Assembly. He was glad to enter into the budget process. UNFINISHED BUSINESS Deputy Mayor Heinrichs recessed the regular meeting and convened the Board of Adjustment. A. BOARD OF ADJUSTMENT An Appeal of the Planning and Zoning Commission's Decision to Continue to Allow Mr. Charles Lorenson to Utilize the Property of his Mother, Mrs. Betty Lorenson, Located at 3315 Spruce Cape Road Regarding an Appeal of the Planning and Zoning Commission's Decision on Case No. PZ01 -033 Appeal of an Administrative Decision, Under Section 17.90.010 of the Kodiak Island Borough Code, Ordering the Cessation of the Business Use of the Property Located at 3315 Spruce Cape Rd.; Further Requesting that a Non - conforming Business Use of the Land and Building be Recognized Predicated Upon Past Use; Further Requesting that Such Non - conforming Use of Land and Building be Allowed to Relocate and Expand. (Appellant: Mrs. Betty Lorenson; Complainant: Teri Schneider) (Appellant: Teri Schneider) Deputy Mayor Heinrichs noted that the Borough attorney requested that the Assembly postpone the appeal to allow sufficient time to respond to their questions. TURNER, seconded by BRANSON Regular Assembly Meeting January 3, 2002 moved to postpone the Appeal of the Planning and Zoning Commission's Decision to Continue to Allow Mr. Charles Lorenson to Utilize the Property of his Mother, Mrs. Betty Lorenson, Located at 3315 Spruce Cape Road Regarding an Appeal of the Planning and Zoning Commission's Decision on Case No. PZ01 -033 Appeal of an Administrative Decision, Under Section 17.90.010 of the Kodiak Island Borough MESSAGES FROM THE MAYOR UNFINISHED BUSINESS BOARD OF ADJUSTMENT Volume XXVII Page 118 ROLL CALL VOTE ON MOTION Ayes: Branson, Heinrichs, Razo, Stevens, Turner, Abell Noes: None Absent: Bonney MOTION CARRIED Unanimous Deputy mayor Heinrichs adjourned the Board of Adjustment meeting and reconvened the regular meeting. NEW BUSINESS A. CONTRACTS None. B. RESOLUTIONS None. C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS 1. Vacation of Portions of a State Highway Easement, Reducing the Width of the State Highway Easement from One Hundred (100) Feet to Sixty (60) Feet, Over the Northerly Half of U.S. Survey 2878. (Kalsin Bay) RAZO, seconded by STEVENS Regular Assembly Meeting January 3, 2002 Code, Ordering the Cessation of the Business Use of the Property Located at 3315 Spruce Cape Rd.; Further Requesting that a Non- conforming Business Use of the Land and Building be Recognized Predicated Upon Past Use; Further Requesting that Such Non - conforming Use of Land and Building be Allowed to Relocate and Expand. (Appellant: Mrs. Betty Lorenson; Complainant: Teri Schneider) (Appellant: Teri Schneider) moved to approve the vacation of portions of a state highway easement, reducing the width of the state highway easement from one hundred feet to sixty feet, over the northerly half of U.S. survey 2878. (Kalsin Bay) NEW BUSINESS CONTRACTS RESOLUTIONS ORDINANCES FOR INTRODUCTION OTHER ITEMS VACATION Volume XXVII Page 119 Manager Carlson said the easement was no longer used by the Department of Transportation and development of the property was impacted. He said the State maintained the right to access the beach property. ROLL CALL VOTE ON MOTION Ayes: Heinrichs, Razo, Stevens, Turner, Abell, Branson Noes: Absent: MOTION CARRIED 2. Confirmation of Mayoral Appointments to the Personnel Advisory Board. BRANSON, seconded by STEVENS ROLL CALL VOTE ON MOTION Ayes: Razo, Stevens, Turner, Abell, Branson, Heinrichs Noes: Absent: MOTION CARRIED 3. Confirmation of Mayoral Appointments to the Airport Advisory Committee. STEVENS, seconded by TURNER ROLL CALL VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED Regular Assembly Meeting January 3, 2002 None Bonney Unanimous moved to confirm the mayoral appointments of Linda Moore and Ted F. Wade Jr. to three -year terms on the Personnel Advisory Board to expire December 2004. None Bonney Unanimous moved to confirm the mayoral appointments of Penny Jordahl and Ted F. Wade Jr. to three -year terms on the Airport Advisory Committee to expire December 2004. Stevens, Turner, Abell, Branson, Heinrichs, Razo None Bonney Unanimous CONFIRMATION OF MAYORAL APPOINTMENTS TO THE PERSONNEL ADVISORY BOARD CONFIRMATION OF MAYOR APPOINTMENTS TO THE AIRPORT ADVISORY COMMITTEE Volume XXVII Page 120 4. Confirmation of Mayoral Appointments to the Architectural Review /Building Code Board of Appeals. RAZO, seconded by BRANSON ROLL CALL VOTE ON MOTION Ayes: Turner, Abell, Branson, Heinrichs, Razo, Stevens Noes: Absent: MOTION CARRIED 5. Confirmation of Mayoral Appointments to the Parks and Recreation Committee. TURNER, seconded by BRANSON ROLL CALL VOTE ON MOTION Ayes: Noes: Absent: MOTION CARRIED CITIZENS' COMMENTS Joe Hart, City of Kodiak Fire Chief, hoped the Assembly would consider how emergency services and fire protection would be provided in areas that are being developed. Regular Assembly Meeting January 3, 2002 to confirm the mayoral appointments of Gregg Hacker and Ted F. Wade Jr. to three -year terms on the Architectural Review /Building Code Board of Appeals to expire December 2004. None Bonney Unanimous to confirm the mayoral appointments of Peggy A. Dvorak and Mike Sirofchuk to one -year terms to expire December 2002; Daniel M. Jessup, Patrick Saltonstall, and Hans Tschersich to two -year terms to expire December 2003; and Kenneth Hansen and Vince Walser to three year terms to expire December 2004 on the Parks and Recreation Committee. Abell, Branson, Heinrichs, Razo, Stevens, Turner None Bonney Unanimous CONFIRMATION OF MAYOR APPOINTMENTS TO THE ARCHITECTURAL REVIEW /BUILDING CODE BOARD OF APPEALS CONFIRMATION OF MAYOR APPOINTMENTS TO THE PARKS AND RECREATION COMMITTEE CITIZEN'S COMMENTS Volume XXVII Page 121 Deputy Mayor Heinrichs assured Chief Hart that discussion does take place during Assembly's deliberative process and evaluation of subdivisions. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Razo was disappointed to see the Stratman/ Leisnoi discussion continue in the local newspaper as a newspaper war would not facilitate a resolution. He hoped for a good start for new year. He saw Kodiak residents as diverse people and respect was important. Assemblymember Abell wanted to see the Borough dispose of the land and suggested the P &Z Commission review large parcels. He wished everyone a happy new year. Assemblymember Turner wished everyone a happy, safe, and prosperous new year. She was glad to see people moving to Kodiak and expected further development. She encouraged Borough, City, and Village residents to volunteer. Assemblymember Stevens agreed with concerns about emergency services in areas outside service areas and the need for volunteers. He said the coordinated effort of Borough staff and residents was needed to enforce and prosecute those who dispose of garbage improperly. He wished everyone a happy new year. Assemblymember Branson thought to revisit the littering ordinance to ensure enforcement. She thanked those who volunteered and wished everyone a happy new year. Deputy Mayor Heinrichs said the reception that celebrates the role of volunteers and their contributions to the community was in the planning pocess. He announced that the Assembly would meet in a work session on Thursday, January 10 at 7:30 p.m. in the Borough conference room; a joint Assembly /City Council work session on Tuesday, January 15 at 7:30 p.m. in the Borough conference room; and a regular meeting on Thursday, January 17, at 7:30 p.m. in the assembly chambers. Borough offices would be closed on Monday, January 21 in observance of Martin Luther King's Day. He invited the public to join him for cake to celebrate Assemblymember Bonney's birthday. ADJOURNMENT ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 8:05 p.m. ATTEST: G/Cdf-Z .a;J /udith A. Niels gin, CMC Borough Clerk Regular Assembly Meeting January 3, 2002 Gabrielle LeDoux, Mayor Approved: 01/17/2002 Volume XXVII Page 122