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03/25/03 RMKODIAK ISLAND BOROUGH Regular Assembly Meeting March 25, 2003 A regular meeting of the Kodiak Island Borough Assembly was held March 25, 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 the Nazarene, followed by the Pledge of Allegiance. There were present: Mayor: Gabrielle LeDoux Assemblymember: Tom Abell Tuck Bonney Pat Branson Absent: Greg Razo Nancy Wells comprising a quorum of the Assembly; and Pat Carlson, Manager Judi Nielsen, Borough Clerk Nova. Javier, Deputy Clerk BRANSON, seconded by HEINRICHS Robin Heinrichs Wayne Stevens moved to excuse Assemblymembers Razo and Wells. VOTE ON MOTION TO EXCUSE MOTION CARRIED: Unanimous Voice Vote APPROVAL OF AGENDA STEVENS, moved to approve the seconded by BRANSON agenda. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES 1. Kodiak Island Borough Assembly Special Meeting of February 27, 2003. HEINRICHS, moved to approve the seconded by BRANSON minutes as submitted. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote AWARDS AND PRESENTATIONS A. STUDENT OF THE MONTH Mayor LeDoux presented the March Student of the Month Award to Pam Fangonilo, a senior at Kodiak High School. Regular Assembly Meeting March 25, 2003 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES AWARDS AND PRESENTATIONS STUDENT OF THE MONTH Volume XXVIII Page 38 CITIZENS COMMENTS CITIZENS COMMENTS None. COMMITTEE REPORTS Don Rush, Providence Kodiak Island Medical Center Hospital Administrator, reported on the deficit status of the hospital. In response to Mayor LeDoux, he stated that Tri -Care covered military personnel. PUBLIC HEARING 1. Ordinance No. 2003 -02 Rezoning Lot 13A Block 36, East Addition from R1- Single - family Residential to R2- Two- family Residential. Generally Located at 1220 Rezanof Drive (Case 03 -001). HEINRICHS, moved to adopt Ordinance seconded by STEVENS No. 2003 -02. Manager Carlson said this was amended from re- zoning the entire block to just one tract which was the Small World lot that sits on four lots. Mayor LeDoux opened the public hearing. In response to Steven Ames, Manager Carlson and Assemblymember Abell explained the reason the Ordinance was amended. Mayor LeDoux closed the public hearing and reconvened the regular meeting. Assemblymember Heinrichs spoke in favor of the Ordinance. Assemblymember Branson appreciated Assemblymember Abell's explanation. She supported the ordinance as amended. Assemblymember Heinrichs' motion to "amend Ordinance No. 2003 -02 to include Lots 11 and 12 and postpone adoption to allow additional public hearing at the next regular meeting" died for lack of a second. VOTE ON MOTION TO ADOPT Ayes: Abell, Bonney, Branson, Heinrichs, Stevens Noes: None Absent: Razo, Wells MOTION CARRIED: Unanimous 2. Ordinance No. 2003 -03 Rezoning Lot 10, U.S. Survey 2873 from R1- Single - family Residential to R2 Two - family Residential. Generally located at 1818 Mission Road (Case 02 -027). STEVENS, moved to adopt Ordinance seconded by BRANSON No. 2003 -03. Manager Carlson urged the Assembly to adopt the Ordinance. Mayor LeDoux called for public testimony; hearing and seeing none, she reconvened the regular meeting. Regular Assembly Meeting March 25, 2003 COMMITTEE REPORTS PUBLIC HEARING ORDINANCE NO. 2003 -02 ORDINANCE NO. 2003 -03 Volume XXVIII Page 39 VOTE ON MOTION TO ADOPT Ayes: Bonney, Branson, Heinrichs, Stevens, Abell Noes: None Absent: Razo, Wells MOTION CARRIED: Unanimous 3. Ordinance No. 2002 -10C Amending Ordinance No. 2002 -10 Kodiak Island Borough Fiscal Year 2003 Budget to Reflect Amendments. HEINRICHS, seconded by BRANSON Noes: Absent: MOTION CARRIED: BOROUGH MANAGER'S REPORT Regular Assembly Meeting March 25, 2003 moved to adopt Ordinance No. 2003 -10C. Manager Carlson enumerated the reasons for the Budget amendment. Mayor LeDoux called for public testimony; hearing and seeing none, she reconvened the regular meeting. VOTE ON MOTION TO ADOPT Ayes: Branson, Heinrichs, Stevens, Abell, Bonney None Razo, Wells Unanimous ORDINANCE NO. 2002 -10C BOROUGH MANAGER'S REPORT Manager Carlson welcomed Clerk Nielsen back. He would participate on a public hearing at the local Legislative Information Office regarding House Bill 191 which impacts the Coastal Management Program. He congratulated Assemblymember Stevens and his staff for the success of Comfish. MESSAGES FROM THE BOROUGH MAYOR Mayor LeDoux was glad to be back. She would travel to Washington, D.C. with Deputy Mayor Heinrichs, Assemblymember Stevens, and Manager Carlson to meet with Alaska's Congressional Delegation. UNFINISHED BUSINESS A. BOARD OF ADJUSTMENT - Findings of Fact and BOARD OF Conclusions Supporting the Board of Adjustment's ADJUSTMENT Decision to Affirm in Whole the Planning and Zoning Commission's Decision on Case No. 02 -028, to Deny a Conditional Use Permit, in Accordance With KIBC 17.26 and 17.67, to Amend the Site Plan of a Grandfathered, Nonconforming Mobile Home Park Located on U.S. Survey 3098, Lot 14a -3b in Order to Expand the Mobile Home Park Use by Allowing an Additional Mobile Home Space. (Applicant /Appellant: Mr. Kevin Arndt.) BONNEY, moved to adopt, the seconded by HEINRICHS findings -of -fact and conclusions supporting the Board of Adjustment's decision to affirm in MESSAGES FROM THE BOROUGH MAYOR UNFINISHED BUSINESS Volume XXVIII Page 40 whole the Planning and Zoning Commission's Decision on Case No. 02 -028, to deny a conditional use permit, in accordance with KIBC 17.26 and 17.67, to amend the site plan of a grandfathered, nonconforming mobile home park located on U.S. Survey 3098, Lot 14a -3b in order to expand the mobile home park use by allowing an additional mobile home space. (Applicant /Appellant: Mr. Kevin Arndt.) Manager Carlson said adoption of the findings -of -fact was required per Borough Code. The findings -of -fact were as follows: 1. This case involves an application for the expansion of a grandfathered mobile home park use. 2. The mobile home park had eight mobile home spaces until Plat 95 -06 was filed, vacating one of the mobile home spaces and conveying a portion of the site to an adjoining property owner. 3. In 2000, the property owners obtained zoning compliance for a new (8 mobile home space. This zoning compliance permit was allowed to expire before a building permit was issued to install a mobile home on the site. 4. In 2002, the Planning and Zoning Commission denied the request for a conditional use permit for a new (8` mobile home park space, in accordance with KIB Code Section 17.67. 5. The mobile home park on Lot 14a -3b, U.S. Survey 3098, does not meet the definition of a mobile home park currently set forth in KIBC 17.26.005 (Definitions). The current definitions require a minimum of ten (10) mobile home spaces and a minimum mobile home space size of 3000 square feet. 6. The site is constrained in terms of the standards for improvement currently required in a mobile home park by KIBC 17.26 (Mobile Home Parks). Between the existing pattern of development and the size of the Lot 14a -3b, there does not appear to be adequate room to improve the site in order to meet current mobile home park standards. 7. The property owners, or their predecessors in interest, voluntarily reduced the number of park spaces by the sale of the land to an adjoining property owner. 8. The property owners seek to expand the non - conforming mobile home park use by the creation of an additional mobile home space, without addressing the inadequate parking and access to existing mobile home spaces. Regular Assembly Meeting Volume XXVIII March 25, 2003 Page 41 9. The property owners failed to provide an adequate mobile home park site plan, per KIBC 17.26.020 (Plan Review). VOTE ON MOTION TO ADOPT Ayes: Heinrichs, Stevens, Abell, Bonney, Branson Noes: None Absent: Razo, Wells MOTION CARRIED: Unanimous NEW BUSINESS A. CONTRACTS 1. Contract No.2003 -04 Audit for the Kodiak Island Borough and the Kodiak Island Borough School District for the Fiscal Year Ending June 30, 2003 HEINRICHS, moved to approve Contract seconded by BRANSON No _ 20(13-0_4_ with KPMG, LLP of Anchorage, AK for professional fees of approximately $40,700 for the KIB, $31,000 for the KIB School District, and $35,000 combined total for reimbursable expenses. Manager Carlson sought the Assembly's approval. He noted that a new request for proposal would be prepared next Fiscal Year. VOTE ON MOTION TO APPROVE Ayes: Stevens, Abell, Bonney, Branson, Heinrichs Noes: Absent: MOTION CARRIED: B. RESOLUTIONS None. C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS BRANSON, seconded by ABELL Regular Assembly Meeting March 25, 2003 None Razo, Wells Unanimous moved to approve the canvass board as presented by the election supervisor. NEW BUSINESS CONTRACTS CONTRACT NO. 2003 -04 RESOLUTIONS ORDINANCES FOR INTRODUCTION OTHER ITEMS ELECTION 1. March 4, 2003 Trinity Islands Street Lights BOARD Service Area Special By -mail Canvass Board. APPROVAL Volume XXVIII Page 42 Clerk Nielsen said the board would canvass the ballots on Thursday, March 27 and a resolution ratifying and certifying the election would be presented for adoption. VOTE ON MOTION TO APPROVE Ayes: Abell, Bonney, Branson, Heinrichs, Stevens Noes: None Absent: Razo, Wells MOTION CARRIED: Unanimous CITIZENS COMMENTS None. ASSENBLYMEMBER COMMENTS Assemblymember Branson congratulated Pam Fangonilo as Student of the Month. She would hold a workshop for the Alaska Association of Student Government. She thanked Deputy Mayor Heinrichs for filling -in for Mayor LeDoux and Deputy Clerk Javier for filling -in for Clerk Nielsen. Assemblymember Heinrichs welcomed Clerk Nielsen back. He congratulated Representative Dan Ogg on his appointment to fill Senator Stevens position as Representative. He looked forward to the Washington, D.C. travel and to the budget process. Assemblymember Bonney thanked Deputy Mayor Heinrichs and Deputy Clerk Javier. Assemblymember Stevens appreciated the good comments about Comfish. He welcomed Clerk Nielsen back and thanked Deputy Mayor Heinrichs and Deputy Clerk Javier. Assemblymember Abell gave an update on the Borough Bond projects. Mayor LeDoux announced that the Assembly would meet in a work session on Thursday, March 27 at 7:30 p.m. in the Borough conference room and a regular meeting on Thursday, April 3, at 7:30 p.m. in the assembly chambers. The Borough Offices would be closed on Monday, March 31, 2003 in observance of Seward's Day. ADJOURNMENT ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 8:16 p.m. ATTEST: Judith A. Nie(�sen,, CMC Borough Clerk Regular Assembly Meeting March 25, 2003 Gabrielle LeDoux, Mayor Approved: 04/17/2003 CITIZENS COMMENTS ASSEMBLYMEMBER COMMENTS Volume XXVIII Page 43