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05/02/2002 RMA regular meeting of the Kodiak Island Borough Assembly was held May 2, 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 Pastor Monte Anderson of the Lighthouse Baptist Church, followed by the Pledge of Allegiance. There were present: ROLL CALL Mayor: Gabrielle LeDoux Assemblymembers: Tom Abell Pat Branson Robin Heinrichs Absent: Tuck Bonney comprising a quorum of the Assembly; and Pat Carlson, Manager Judi Nielsen, Borough Clerk Nova Javier, Deputy Clerk BRANSON, moved to excuse seconded by RAZO Assemblymember Bonney. VOTE ON MOTION TO EXCUSE MOTION CARRIED Unanimous voice vote APPROVAL OF AGENDA APPROVAL OF AGENDA RAZO, seconded by BRANSON VOTE ON MOTION TO APPROVE MOTION CARRIED APPROVAL OF MINUTES VOTE ON MOTION TO APPROVE AS CORRECTED Regular Assembly Meeting May 2, 2002 KODIAK ISLAND BOROUGH Regular Assembly Meeting May 2, 2002 Greg Razo Wayne Stevens Darlene Turner moved to approve the agenda. Unanimous voice vote 1. Kodiak Island Borough Assembly Regular Meeting of March 7, 2002. BRANSON, moved to approve the seconded by HEINRICHS minutes as submitted. Assemblymember Stevens noted that Marie Chandler's name was misspelled on page two of the minutes. REGULAR MEETING APPROVAL OF MINUTES Volume XXVII Page 177 MOTION CARRIED AWARDS AND PRESENTATIONS A. Proclamations Unanimous voice vote Mayor LeDoux proclaimed April 29 -May 5, 2002 "Elks National Youth Week," urging all citizens to recognize the present and future contributions of young people and to support them through community youth service programs. Mayor LeDoux proclaimed May 6 -12, 2002 "Be Kind to Animals Week," encouraging all citizens to participate in events related to that week. Mandie Wehr accepted the proclamation. Mayor LeDoux proclaimed May 12 -18, 2002 "Law Enforcement Week," urging all citizens of Kodiak Island to recognize the dedicated service provided by the local peace officers and to honor those officers who have sustained disabling injuries or lost their lives in the performance of their duties. Sgt. Milton Bohoc accepted the proclamation. Assemblymember Branson, on behalf of Mayor LeDoux, proclaimed May 12 -18, 2002 "Senior Center Week," calling upon all citizens to recognize the special contributions of the Senior Center participants, and the special efforts of the staff and volunteers who work every day to enhance the well being of the senior citizens of our community. Evelyn Mortimer, Senior Citizens of Kodiak Board President, accepted the proclamation and thanked the Assembly for their continued support. Assemblymember Stevens, on behalf of Mayor LeDoux, proclaimed May 2002 "Litter Prevention and Cleanup Month" and May 4, 2002 as "Subway Community Cleanup Day," urging all residents to join in the community cleanup campaign and to resolve to help keep Kodiak Island clean and beautiful throughout the year. Assemblymember Stevens urged residents to participate. CITIZENS' COMMENTS Matt Jamin, Thresholds boardmember, appreciated the Assembly and Manager Carlson for their interaction with Thresholds' executive director, Susan Killary. He was confident and hopeful that Thresholds could resume operation in Kodiak. Joseph Lipka, Alutiiq Management Environment Services Inc. representative, urged the Assembly to continue to support Thresholds. He noted that their company put a lot of effort into recycling and it would be worthwhile for Thresholds to continue their services. Steve Kreber, cameraman, apologized for the poor television broadcast of the meeting. Geraldine Harris, Thresholds boardmember, phoned in support of the continued recycling efforts in Kodiak. Regular Assembly Meeting May 2, 2002 AWARDS AND PRESENTATIONS PROCLAMATIONS ELKS NATIONAL YOUTH WEEK BE KIND TO ANIMALS WEEK LAW ENFORCEMENT WEEK SENIOR CENTER WEEK LITTER PREVENTION AND CLEANUP MONTH CITIZENS' COMMENTS Volume XXVII Page 178 COMMITTEE REPORTS None. PUBLIC HEARING A. Ordinance No. 2002 -05 Amending Kodiak Island Borough Code of Ordinances Title 2 Administration and Personnel Chapter 2.39 Boards, Committees, and Commissions Section 2.39.030 Appointments. Mayor LeDoux opened the public hearing. HEINRICHS, moved to adopt Ordinance seconded by BRANSON No. 2002 -05. Manager Carlson said this was brought forward by Assemblymembers Heinrichs and Razo to amend the appointment process for boards, committees, and commissions. In response to Scott Arndt, Clerk Nielsen clarified that the Mayor's appointment, if not confirmed by the Assembly, may not be brought back for appointment on the same seat. Scott Arndt felt this was excessive and urged the Assembly to review the ordinance. STEVENS, seconded by ABELL moved to amend the words "during the term of the appointment" with the words "until the beginning of the next calendar year. Mayor LeDoux suggested tabling the ordinance and discuss any changes at a work session. Clerk Nielsen clarified that if it was the desire of the Assembly, a motion to postpone was appropriate. Mayor LeDoux closed the public hearing and reconvened the regular meeting. HEINRICHS, moved to postpone Ordinance seconded by STEVENS No. 2002 -05 to May 16, 2002. VOTE ON MOTION TO POSTPONE Ayes: Abell, Branson, Heinrichs, Razo, Stevens, Turner Noes: None Absent: Bonney MOTION CARRIED Unanimous Regular Assembly Meeting May 2, 2002 COMMITTEE REPORTS PUBLIC HEARING ORDINANCE NO. 2002 -05 Volume XXVII Page 179 BOROUGH MANAGER'S REPORT MANAGER'S REPORT Manager Carlson reported that the draft Borough budget was in the Assembly's mail and the narrative integrating with the school district budget would be completed by the next work session. He was glad to hear about the increased learning opportunity grant which was approximately $250,000. He urged the residents to bring their household hazardous waste to the high school parking lot on Saturday, May 4. In response to Assemblymember Stevens, he said household hazardous waste included cleaners, polishers, bug sprays, brake fluid, varnishes, thinners, turpentine, glues, rust removers, wood preservatives, paint, herbicides, insecticides, weed killer, fiberglass, epoxy, etc. MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor LeDoux was pleased to see Alaska Salmon branded as wild or organic. She announced that the United Salmon Association and the Chamber of Commerce would sponsor the second Salmon Branding Committee meeting on May 8, 2002. She congratulated the ATV Stakeholder Committee for their accomplishments. UNFINISHED BUSINESS None. NEW BUSINESS A. CONTRACTS None. B. RESOLUTIONS 1. Resolution No. 2001 -31A Amending Resolution No. 2001 -31 Establishing Fees of the Kodiak Island Borough to Waiver Fees for Disposal of Junk Vehicles and Residential Metals During Spring Cleanup. STEVENS, moved to adopt Resolution seconded by BRANSON No. 2001 -31A. Manager Carlson said this was the annual waiver of fees for disposal of junk vehicles and other metals during the spring cleanup May 4 -11, 2002 He asked residents to contact Community Development for more information. VOTE ON MOTION TO ADOPT Ayes: Branson, Heinrichs, Razo, Stevens, Turner, Abell None Bonney Noes: Absent: Regular Assembly Meeting May 2, 2002 UNFINISHED BUSINESS NEW BUSINESS CONTRACTS RESOLUTIONS RESOLUTION NO. 2001 -31A Volume XXVII Page 180 MOTION CARRIED Unanimous 2. Resolution No. 2002 -15 Surplusing a Portion of Borough Land Located at the Head of Mill Bay and Authorizing the Borough Manager to Negotiate the Disposal Contract. HEINRICHS, moved to adopt Resolution seconded by BRANSON No. 2002 -15. Manager Carlson said this was presented by the Planning and Zoning Commission to grant the petitioner, Pirelli - Jacobson Inc., an easement to connect a proposed underground communication vault across the Rezanof Drive right -of -way. He said this was the best access site and he sought the Assembly's approval to seek grants. VOTE ON MOTION TO ADOPT Ayes: Heinrichs, Razo, Stevens, Turner, Abell, Branson Noes: None Absent: Bonney MOTION CARRIED Unanimous 3. Resolution No. 2002 -16 Concurring with the Recommendation of the Planning and Zoning Commission to Accept the Acquisition of Tax Foreclosed Properties Without Declaring the Land Acquired for Public Purpose. HEINRICHS, seconded by TURNER Manager Carlson said the three parcels, because of their location, were identified as not suitable for public purpose. In response to Assemblymember Heinrichs, Manager Carlson said staff determined that these properties had complex access points. VOTE ON MOTION TO ADOPT Ayes: Razo, Stevens, Turner, Abell, Branson, Heinrichs Noes: None Absent: Bonney MOTION CARRIED Unanimous C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 2002 -06 Rezoning Lot 11, U.S. Survey ORDINANCE 1995 From R3- Multifamily Residential To I- NO. 2002 -06 Industrial in Accordance with the Attached Map Regular Assembly Meeting May 2, 2002 moved to adopt Resolution No. 2002 -16. RESOLUTION NO. 2002 -15 RESOLUTION NO. 2002 -16 ORDINANCES FOR INTRODUCTION Volume XXVII Page 181 (Exhibit A) Generally Located Along the South Side of East Marine Way. STEVENS, seconded by BRANSON Manager Carlson reported that the petitioner requested a rezone from R3- Multifamily Residential to I- Industrial. VOTE ON MOTION TO ADVANCE Ayes: Stevens, Turner, Abell, Branson, Heinrichs, Razo, Noes: None Absent: Bonney MOTION CARRIED Unanimous 2. Ordinance No. 2002 -07 Rezoning Lot 12B, Block 3, ORDINANCE Island Lake Subdivision From B- Business To R2 -Two NO. 2002 -07 Family residential in Accordance with the Attached Map (Exhibit A) Located at 3100 Ptarmigan Pass Road. HEINRICHS, seconded by BRANSON Manager Carlson said the property was rezoned in 1991 from R2 -Two Family Residential to B- Business at the request of the previous property owner. The new owner petitioned for rezone back to R2 -Two Family Residential. He noted the zoning in the area was complex but predominantly residential. VOTE ON MOTION TO ADVANCE Ayes: Turner, Abell, Branson, Razo, Heinrichs Stevens Noes: None Absent: Bonney MOTION CARRIED Unanimous D. OTHER ITEMS 1. Vacation of a Ten (10) Foot Wide Easement on Tract VACATION L, Russian Creek Alaska Subdivision (Plat 69 -02) (11883 Russian Creek Road). STEVENS, seconded by BRANSON Regular Assembly Meeting May 2, 2002 moved to adopt Ordinance No. 2000 -06 to advance to public hearing on May 16, 2002. moved to adopt Ordinance No. 2000 -07 to advance to public hearing on May 16, 2002. moved to approve the vacation of a ten -foot wide easement on Tract L, Russian Creek Alaska Subdivision (11883 Russian Creek Road). OTHER ITEMS Volume XXVII Page 182 Manager Carlson said this was a sewer easement at the location of "Little John's Feeds" in Bell's Flats. He noted the system is no longer needed and the property owner had no objections. VOTE ON MOTION TO APPROVE Ayes: Abell, Branson, Heinrichs, Razo, Stevens, Turner Noes: None Absent: Bonney MOTION CARRIED Unanimous 2. Appointments to the Citizens Board of Equalization. BRANSON, moved to appoint Cheryl McNeil seconded by TURNER to the seat to expire December 31, 2004 and Michael Machulsky to the vacant alternate seat to expire December 31, 2004 on the Citizens Board of Equalization. Clerk Nielsen advised that four applicants were interviewed. The annual Citizens Board of Equalization meeting was scheduled for May 14, 2002. VOTE ON MOTION TO APPOINT Ayes: Branson, Heinrichs, Razo, Stevens, Turner, Abell, Noes: None Absent: Bonney MOTION CARRIED Unanimous CITIZENS' COMMENTS None. ASSEMBLYMEMBER COMMENTS Assemblymember Heinrichs applauded spring cleanup efforts of the Chamber of Commerce and how beautiful and uncluttered Kodiak Island was after this event. He urged the residents to be involved in the school district budget funding request by speaking publicly. Assemblymember Stevens thanked Mayor LeDoux for the Spring Cleanup proclamation. He appreciated the waiving disposal of junk vehicles and residential metals fees during spring cleanup. He urged residents to properly dispose of garbage. He wanted to explore the idea of windbreaks around dumpsters. Regular Assembly Meeting May 2, 2002 APPOINTMENTS TO THE BOARD OF EQUALIZATION CITIZENS' COMMENTS ASSEMBLYMEMBER COMMENTS Volume XXVII Page 183 Assemblymember Razo saw a need for recycling and Thresholds Services. He urged residents to thank Senator Austerman for the additional funding for Ouzinkie and Old Harbor Schools. He was concerned about the crossing safety issue at Rezanof Drive and Mill Bay Road. He was glad to see the budget efforts made by the school board and urged the residents to call the School Board, the Assembly, and the State to increase cognizance on the funding issues. Mayor LeDoux announced that the Assembly would meet in a work session Thursday, May 9 at 7:30 p.m. in the Borough conference room; a regular meeting Thursday, May 16, at 7:30 p.m. in the assembly chambers; and a joint Assembly /City Council work session Tuesday, May 21 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 8:26 p.m. ATTEST: Regular Assembly Meeting May 2, 2002 Gabrielle LeDoux, Ga y o r f d t CiJ , r ,,,J J udith A. Nielse , CMC Approved June 4, 2002 Borough Clerk ADJOURNMENT Volume XXVII Page 184