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1997-12-18 Regular MeetingGary Stevens, Presiding Tom Abell Tuck Bonney Bob Johnson W. STEVENS, seconded by BONNEY Regular Assembly Meeting December 18, 1997 KODIAK ISLAND BOROUGH Regular Assembly Meeting December 18, 1997 A regular meeting of the Kodiak Island Borough As- sembly was held -Dec ember 1-8-, 1997 iii the Aes-Pmh1y 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 Father Paul Smith of St. James Episcopal Church, followed by the Pledge of Allegiance. There were present: ROLL CALL Scott Arndt Robin Heinrichs Wayne Stevens comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC /AAE, Clerk Judi Nielsen CMC, Deputy Clerk Linda Freed, Community Development Director APPROVAL OF AGENDA AND CONSENT AGENDA moved to approve the agenda and consent agenda. Clerk Smith read the item for consideration under "Consent Agenda ". VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES A. Kodiak Island Borough Assembly Meeting of November 25, 1997. REGULAR MEETING APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF MINUTES Volume XXIII Page 202 W. Stevens, seconded by BONNEY VOTE ON MOTION TO APPROVE MOTION CARRIED AWARDS AND PRESENTATIONS A. Student of the Month moved to approve the Assembly meeting minutes of November 25, 1997. Unanimous voice vote Mayor Jerome Selby presented the Student of the Month Award to Kyle Wood, a senior at Kodiak High School. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing and General Comments. Eileen Probasco, on behalf of the Fire Protection Area No. 1 Board, spoke to Contract No. 97 -68. The Board had not discussed the contract currently before the Assembly. She requested postponement to allow the Board to discuss the contract at their meeting scheduled prior to the next regular Assembly meeting. Woody Koning (Santa Claus) wished everyone in the Borough a happy holiday season. He urged the Assembly to approve Contract No. 97 -67 that would make the transit system a reality for the community. Pat Branson, Senior Citizens of Kodiak director and Kodiak Area Transit System Coordination Committee member, said the transit system would allow the coordination of services needed for seniors to live independently. She noted that the Committee wanted to remain a part of the program to make it work. Iver Malutin phoned to ask why Naughton Court and Zharoff Way were not maintained in the winter. Mayor Selby said they were private roadways that were not accepted nor maintained by Service District No. 1 as they were not built to Borough standards. Regular Assembly Meeting December 18, 1997 AWARDS AND PRESENTATIONS STUDENT OF THE MONTH CITIZENS' COMMENTS Volume XXIII Page 203 Mr. Malutin called back to state that the service district worked on Naughton Circle last summer. Assemblymember Arndt said the service district should be providing maintenance as the roads were sanded last year. Since this year there was a new contractor, he suggested Mr. Malutin call Board chair Kevin Arndt or vice -chair Ed Mahoney. Assemblymember Abell said Mr. Malutin had called him. He understood road service was provided but the contractor's equipment problems limited service to the area this date. Presiding Officer G. Stevens suggested Mr. Malutin call the service district chair and apprise the Assembly if he was not satisfied with the results. COMMITTEE REPORTS Donna Bell, Planning and Zoning Commissioner, was available to answer questions. Assemblymember W. Stevens, Hospital Advisory Board chair, was honored to participate on a panel at the Alaska Health Summit to debate issues that Kodiak participated in during the past two years. He felt fortunate to have a relationship with Providence that placed Kodiak on the cutting edge of hospital care. Assemblymember Bonney, Mental Health Center Advisory Board representative, attended a briefing on the Center's transfer to Providence. He felt the Center provided an important service to the community. Assemblymember Heinrichs reported that the Architectural Review Board approved the conceptual plans for the Peterson Elementary School addition. Assemblymember Abell attended the first meeting of the School District Budget Review Committee where Dave Jones, school district finance director, gave a thorough presentation. There was discussion about spending down the fund balance this fiscal year and the need to replace the fund in the future. Regular Assembly Meeting December 18, 1997 COMMITTEE REPORTS Volume XXIII Page 204 PUBLIC HEARING PUBLIC HEARING All ordinances and resolutions presented at this meeting were introduced bytitle_only and _copies wade_ available to the public. A. Ordinance No. 97 -10B Amending Ordinance ORDINANCE No. 97 -10 Fiscal Year 1998 Budget Reflecting NO. 97 -10B Mid -Year Amendments. Presented for consideration was Ordinance No. 97 -10B that, if adopted, amended the original budget as deemed necessary as fiscal year 1998 approaches mid- year. ARNDT, moved to adopt seconded by BONNEY Ordinance No. 97 -10B. Mayor Selby explained the amendments to the budget by line item review. He suggested an amendment to increase Fund 250 Fire Protection Area No. 1 Revenue and Expenditures by $4,000, to reduce project 128 Peterson Addition by $22,000, and to add the $22,000 to the Bayside Fire Hall electrical service project. He outlined the terrain of the trail joining the Fort Abercrombie trail that would create a large loop for hiking and biking. Presiding Officer Stevens opened the public hearing. Tim Haines supported the BMX bike track and hoped the Assembly would keep their promise. He was excited about the trail system planned for Kodiak. Robert Dewey spoke in support of the BMX track. Diana Buffington, Alaskans for Tax Reform member, said $35,000 for a BMX track fence was an unwise use of money. She suggested the track users try to raise funds or secure donations from the community. Tyan Selby phoned in support of the BMX track. She felt it was a small price to provide a safe program. Regular Assembly Meeting December 18, 1997 Volume XXIII Page 205 Evan Jones felt the BMX track would provide a good outlet and a disciplined program. Presiding Officer G. Stevens closed the public hearing and reconvened regular meeting_ ARNDT, seconded by W. STEVENS There was no discussion by the Assembly. VOTE ON MOTION TO AMEND Ayes: Abell, Arndt, Bonney, Heinrichs, Johnson, W. Stevens, G. Stevens Noes: None MOTION CARRIED Unanimous ARNDT, moved to amend Ordinance seconded by BONNEY No. 97 -10B by increasing KIB Fund 100 Use of Fund Balance by $22,000 to a total of $291,820 and adding the Bayside Fire Hall Electrical Service Project for $22,000. Assemblymember Arndt said the project was left out of the budget. At Assemblymember W. Stevens' inquiry, Assemblymember Arndt said this would not impact Project 128. Mayor Selby clarified the need to balance the budget and recommended verbiage. ARNDT, seconded by ABELL Regular Assembly Meeting December 18, 1997 moved to amend Ordinance No. 97 -10B by increasing Fund 250 Fire Protection Area No. 1 Revenue and Expenditures by $4,000. moved to amend the amendment by increasing the transfers out under Volume XXIII Page 206 VOTE ON MOTION TO AMEND THE AMENDMENT Ayes: Noes: MOTION CARRIED VOTE ON MOTION TO AMEND AS AMENDED Ayes: Noes: None MOTION CARRIED Unanimous Regular Assembly Meeting December 18, 1997 Fund 100 by $22,000 and increasing General Fund Transfers by $22,000. Arndt, Bonney, Heinrichs, Johnson, W. Stevens, Abell, G. Stevens None Unanimous Mayor Selby said the $22,000 was insignificant because the fiscal year 1999 budget would fully fund the Peterson Elementary School addition. Bonney, Heinrichs, Johnson, W. Stevens, Abell, Arndt, G. Stevens BONNEY, moved to amend Ordinance seconded by ARNDT No. 97 -10B to reflect that the vacated Engineering /Facilities Director position not be filled. Assemblymember Bonney felt the position was needed; however, he wanted to review the job description, the current needs, and fund the position later. He wanted the Assembly involved in the hiring process. Assemblymember Arndt agreed noting that Mr. Hobgood, the current director, stated clearly he had no work. Although he tended to disagree with the statement, he did see a change in the scope of work and a need to Volume XXIII Page 207 review the job description. He thought this was a good beginning to reduce the budget. Assemblymember Johnson saw this as micro - managing. He felt it was the mayor's prerogative, and the could make recommendations. Assemblymember W. Stevens knew the position was responsible for several current large projects. As Assemblymember Arndt saw duties reduced with no staff reduction, this was an opportunity to reduce staff. Also, this extended the hiring period. Responding to Assemblymember Abell, Mayor Selby said no Borough employee was qualified for the position and with current projects of $50 million, it would cost the community if the position was not filled. Assemblymember Bonney wanted the Assembly to be part of the process. He noted that the personnel rules did not include the Assembly in the hiring process. Assemblymember Heinrichs was concerned with maintaining project continuity. He wanted to pursue this discussion during goals and objectives. VOTE ON MOTION TO AMEND Ayes: Abell, Arndt, Bonney Noes: Heinrichs, Johnson, W. Stevens, G. Stevens MOTION FAILED 3 Ayes, 4 Noes Presiding Officer G. Stevens felt hiring issues should not be part of the mid -year budget discussion. Assemblymember Arndt's motion to amend Ordinance No. 97 -10B to reduce Fund 410 Capital Projects: 1) Bayside Fire Department Tank Removal $5,000; 2) Womens Bay Fuel Tank Removal $32,000; 3) Nixon Ranch Road Project $23,000; and 4) BMX Bike Track Fence $35,000 for a total of $95,000, and increase the Regular Assembly Meeting December 18, 1997 Volume XXIII Page 208 funding for the Peterson Elementary School Addition by $95,000 for a total of $349,450 died for lack of a second. Assemblymember Abell knew fencing was expensive, _but- - - - -- - - - - -- the Borough would own this fenced area even if the BMX track did not work out. Assemblymember Arndt did not oppose projects but felt they should go through the regular budget process. ARNDT, seconded by BONNEY moved to amend Ordinance No. 97 -10B by deleting three projects from Fund 410 Capital Projects: 1) Bayside Fire Department Tank Removal $5,000; 2) Womens Bay Fuel Tank Removal $32,000; and 3) Nixon Ranch Road Project $23,000 for a total of $60,000 to be applied to the Peterson Elementary School Addition. Assemblymember Arndt reiterated that the projects should be funded through the regular budget process. He thought there should be some cost sharing. In response to Assemblymember W. Stevens, Mayor Selby said Womens Bay residents voted to include the Nixon Ranch properties in the service area. He noted the Womens Bay Service Area Board's concern about bringing the road up to standard. The Borough sold the property and the Borough paved Womens Bay roads in recognition of opening that land. Mayor Selby said reviewing small projects at mid -year allowed contractors to work them into their schedules not at a premium price. The Womens Bay Fire Hall fuel tank had to be removed by December 31, 1998. The Borough purchased the Bayside Fire Hall replacement fuel tank. If delayed, the projects would not be completed until summer 1999. Regular Assembly Meeting December 18, 1997 Volume XXIII Page 209 Responding to Assemblymember Johnson, Mayor Selby noted the above - ground tanks were installed but there were specific dates for removing the old fuel tanks. Assemblymember Arndt was concerned about installing driveways and culverts. He saw no problem removing the tanks in the time -frame allowed by using the regular budget process. Responding to Assemblymember Abell, Mayor Selby said $500,000 was set aside for Peterson Elementary School, and he anticipated full funding in the fiscal year 1999 budget. He also planned to include the Kodiak High School roof repair in the 1999 budget and expected a reduced mill rate. When Assemblymember Arndt questioned whether there would be enough funds to go to bid on the Peterson Elementary School project, Mayor Selby assured him that it could be done before the first of March. Assemblymember Heinrichs agreed that the Nixon Ranch property owners should install the culverts, but he did not see a need to remove the entire project. Assemblymember Johnson felt responsible to those who purchased Borough property. He saw the urgency to remove the fuel tanks. Assemblymember Abell knew about the culverts but felt the size of the project could be discussed later. VOTE ON MOTION TO AMEND Ayes: Arndt Noes: Johnson, W. Stevens, Arndt, Bonney, Heinrichs, G. Stevens MOTION FAILED 1 Aye, 6 Noes Assemblymember Bonney spoke to a $179,000 shortfall and the need to trim costs to balance the budget as the Borough could not continue to spend funds that Regular Assembly Meeting December 18, 1997 Volume XXIII Page 210 were not there. He wanted funds set aside for projects that were really needed. MOTION TO ADOPT AS AMENDED Ayes: W. Stevens, Abell, Arndt, Bonney, Heinrichs, Johnson, G. Stevens Noes: None MOTION CARRIED Unanimous After a ten minute recess at 9:00 p.m., Presiding Officer G. Stevens reconvened the regular meeting. B. Ordinance No. 97 -24 Amending Title 17 Zoning of ORDINANCE the Kodiak Island Borough Code of Ordinances by NO. 97 -24 Amending Section 17.02.030 Comprehensive Plan to Adopt the 1997 Port Lions Comprehensive Development Plan. Presented for consideration was Ordinance No. 97 -24 that, if adopted, amended Borough Code to specify the 1997 Port Lions Comprehensive Development Plan. JOHNSON, moved to adopt seconded by BONNEY Ordinance No. 97 -24. Mayor Selby said this was an update to the comp plan that had not been updated since 1981. Assemblymember Heinrichs noted the ordinance had no reference to the dam so that was included in the substituted version. HEINRICHS, seconded by JOHNSON VOTE ON MOTION TO AMEND Ayes: Noes: None Regular Assembly Meeting December 18, 1997 moved to amend Ordinance No. 97 -24 by substitution. Abell, Arndt, Bonney, Heinrichs, Johnson, W. Stevens, G. Stevens Volume XXIII Page 211 MOTION CARRIED Unanimous Presiding Officer G. Stevens called for public testimony; hearing and seeing none, he reconvened the regular meeting. Assemblymember Heinrichs was glad to see the dam identified. He asked if the watershed was adequate. Mayor Selby assured him there was a large enough area around the community. The dam had silted in and an upgrade was needed to increase the holding capacity. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: MOTION CARRIED Regular Assembly Meeting December 18, 1997 Arndt, Bonney, Heinrichs, Johnson, W. Stevens, Abell, G. Stevens None Unanimous C. Ordinance No. 97 -25 Rezoning Tract D, U.S. ORDINANCE Survey 5509 From W- Watershed To PL- Public Use NO. 97 -25 Lands (Generally Located Within the City of Port Lions) . Presented for consideration was Ordinance No. 97 -25 that, if adopted, rezoned property in compliance with the Port Lions Comprehensive Development Plan. BONNEY, moved to adopt seconded by HEINRICHS Ordinance No. 97 -25. Mayor Selby said this rezoned a parcel below the dam area from watershed to public use lands and concurred with the desires of the Tribal Council. Assemblymember W. Stevens asked if the land included the land across the river. At Mayor Selby's request, Linda Freed, Community Development Department Director, said the meandering boundary of Tract D was the river and it was not crossed. Volume XXIII Page 212 Presiding Officer G. Stevens called for public testimony; hearing and seeing none, he reconvened the regular meeting. VOTE ON_ MOTION TO_ADOPT Ayes: Noes: MOTION CARRIED Bonney, Heinrichs, Johnson, W. Stevens, Abell, Arndt, G. Stevens None Unanimous D. Ordinance No. 97 -26 Rezoning Lot 18, Block 8; ORDINANCE Lot 6 Block 11; and Lots 35, 36A, and 59, Block NO. 97 -26 12, Aleutian Homes Subdivision From B- Business To R1- Single Family Residential (521, 611, 613, 1017, and 1111 Mill Bay Rd). Presented for consideration was Ordinance No. 97 -26 that, if adopted, rezoned property in compliance with the 1968 Comprehensive Plan. W. STEVENS, moved to adopt seconded by BONNEY Ordinance No. 97 -26. Mayor Selby said this rezoned property from business back to residential at the request of property owners who realized that business zoning restricted renovations and additions to their homes. Presiding Officer G. Stevens noted that two public hearing notices favoring the rezone were received. He called for public testimony; hearing and seeing none, he reconvened the regular meeting. Assemblymember Arndt understood that property owners who opposed the rezone were excluded. VOTE ON MOTION TO ADOPT Ayes: Regular Assembly Meeting December 18, 1997 Heinrichs, Johnson, W. Stevens, Abell, Arndt, Bonney, G. Stevens Volume XXIII Page 213 Noes: MOTION CARRIED E. Ordinance No. 97 -27 Rezoning Lot _6A -ORDINANCE Lagoon From RR1 -Rural Residential One To C- NO. 97 -27 Conservation (37632 Chiniak Highway). Presented for consideration was Ordinance No. 97 -27 that, if adopted, rezoned property in compliance with the Chiniak Comprehensive Plan. W. STEVENS, moved to adopt seconded by JOHNSON Ordinance No. 97 -27. Mayor Selby said this created economic development because a lodge or camp was allowed. The Commission reviewed the property and recommended approval. Presiding Officer G. Stevens noted that 22 public hearing notices were mailed and none were returned. He called for public testimony; hearing and seeing none, he reconvened the regular meeting. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Johnson, W. Stevens, Abell, Arndt, Bonney, Heinrichs, G. Stevens Noes: MOTION CARRIED F. Ordinance No. 97 -28 Amending Kodiak Island ORDINANCE Borough Code of Ordinances Title 4 Service Areas NO. 97 -28 Chapter 4.60 Monashka Bay Road Service Area, Chapter 4.70 Service District No. 1, Chapter 4.90 Bay View Road Service Area to Add Sections 4.60.015, 4.70.015, and 4.90.015 Service Exemptions to Reflect an Exemption for State Road Access for Parcels Not Receiving any Benefit from Road Construction and Maintenance. Regular Assembly Meeting December 18, 1997 None Unanimous None Unanimous Volume XXIII Page 214 Presented for consideration was Ordinance No. 97 -28 that, if adopted, amended Kodiak Island Borough Code to reflect an exemption for Service District properties not receiving benefit from road construction and maintenance. W. STEVENS, moved to adopt seconded by ARNDT Ordinance No. 97 -28. Assemblymember Johnson declared a conflict of interest because his residence was accessed by a state road. Presiding Officer G. Stevens ruled no conflict of interest as there was no apparent substantial financial advantage. The Assembly concurred. Mayor Selby said this exempted property owners in three service areas who access their parcels by a state road, not a service area road. He outlined the financial impact: Service District No. 1 - -$26 million assessed value /$19,500 tax revenue; Monashka Bay Road Service Area -- $265,000 assessed value /$400 tax revenue; Bay View Road Service Area - -no impact. BONNEY, seconded by JOHNSON Assemblymember Arndt wanted to clarify that the parcels adjacent to service district roads were only accessed by a state road and should not be taxed. ARNDT, seconded by HEINRICHS moved to amend Ordinance No. 97 -28 by substitution. moved to amend the amendment to clarify that physical access has to be from a service district road in order to be charged the service district tax. Assemblymember Bonney agreed that there was no criteria to show which properties were exempt. Regular Assembly Meeting December 18, 1997 Volume XXIII Page 215 Assemblymember W. Stevens noted the language in the first whereas was specific to property owners in the three service areas. Assemblymember Arndt spoke several properties on Mill Bay Road that were not in the city. Assemblymember Johnson felt there would be contention on some property but that could be negotiated later. Mayor Selby knew there would be some anomalies, but he felt Assemblymember Arndt's amendment would exempt properties that should not be exempted. In response to Assemblymember Bonney, Mayor Selby said the decision would be based on the location of the driveways because the language was straightforward and exempted parcels accessed by state roads. Assemblymember Arndt spoke with Pat Carlson, Borough assessor, who indicated it was not straightforward. Assemblymember Heinrichs assumed the assessor's determination was preliminary. Mayor Selby said he did not know what was discussed and assured the Assembly that the assessor would not make the decision nor have any bearing on the decision. VOTE ON MOTION TO AMEND THE AMENDMENT Ayes: Arndt Noes: MOTION FAILED 1 Aye, 6 Noes ARNDT, seconded by BONNEY Regular Assembly Meeting December 18, 1997 W. Stevens, Abell, Bonney, Heinrichs, Johnson, G. Stevens moved to amend the amendment by deleting the words: "mayor, or his designee ", and inserting the words: "appropriate service district board ". Volume XXIII Page 216 Assemblymember Arndt wanted the service district boards to be involved. Assemblymember Johnson felt one person could decide. VOTE ON MOTION TO AMEND THE AMENDMENT Ayes: Arndt Noes: HEINRICHS, seconded by ARNDT VOTE ON MOTION TO AMEND THE AMENDMENT Ayes: Noes: None MOTION CARRIED Unanimous VOTE ON MOTION TO AMEND AS AMENDED Ayes: Noes: MOTION CARRIED Regular Assembly Meeting December 18, 1997 Abell, Bonney, Heinrichs, Johnson, W. Stevens, G. Stevens MOTION FAILED 1 Aye, 6 Noes moved to amend the amendment by replacing in the first sentence the word: "and" with the word: "where ". Arndt, Bonney, Heinrichs, Johnson, W. Stevens, Abell, G. Stevens Bonney, Heinrichs, Johnson, W. Stevens, Abell, Arndt, G. Stevens None Unanimous Presiding Officer G. Stevens called for public testimony; hearing and seeing none, he reconvened the regular meeting. Volume XXIII Page 217 Assemblymember Heinrichs anticipated some gray areas that could be worked out in the future. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Noes: None MOTION CARRIED Unanimous Heinrichs, Johnson, W. Stevens, Abell, Arndt, Bonney, G. Stevens MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby spoke with the City Manager about two lots on Near Island - -one that could accommodate a federal office building and one to which the VFW indicated they would like to relocate. They also spoke of the greenbelt area and the city lots on Selief Lane. He was pleased that the school district had acquired their AutoCAD program. The Alaska Housing Authority advertised ten low income homes for sale that would be taxed in full. The Foreign Trade Zone Application was in process. Senator Stevens worked to provide a customs agent for Kodiak funded by the Alaska Aerospace Development Corporation. The Department of the Interior set aside funds for public facilities. The Department of Fish and Wildlife would apply for the funds to build an interpretive facility near the Kodiak Wildlife Refuge building. The state would award funding for the parking lot and final placement of the boat ramp in Anton Larson Bay. He said there was a proposal for a $1 million dormitory at the Kodiak Fisheries Research Center (KFRC) to house fisheries research graduate students. Regular Assembly Meeting December 18, 1997 Volume XXIII Page 218 The University of Alaska Museum Association would provide Kodiak with a marine mammal skeleton to display at the KFRC. The Alaska Municipal League investment pool continued to thrive and received higher interest rates than the open market. As of November 23, the total deposits were $157 million. The Kodiak population figures were accepted by the State of Alaska. The Kodiak Island Mayor's Conference included discussion on oil spill litigation and an area -wide plan for oil spill response by the Coast Guard. The Borough was working with the villages on the solid waste project funded by the Exxon Valdez Trustee Council. He was pleased that the mayors were able to address common problems. The villages would receive up to $1 million per year from the Department of Housing and Urban Development to provide infrastructure. The equipment for oil spill preparedness and response would be placed in the spring. The equipment would be owned by the borough and leased out. There would be action on the Endangered Species Act in 1998. The National Association of Counties (NaCo) would work to ensure that the Act would not be used against Alaska and the fishing fleets. Senate Bill 20 passed with Alaska Municipal League assistance to establish revenue sharing from the state. This would mean $40 million for the villages. The Kodiak Chamber of Commerce economic development report on the decanter surimi project was positive. A $4 million appropriation would refurbish a USCG hangar that would bring at least one additional C -130 to Kodiak, as the C -130's were here to stay. Regular Assembly Meeting December 18, 1997 Volume XXIII Page 219 Governor Knowles agreed that there would be an inflation bump for the foundation formula, and that would impact Kodiak. The deferred maintenance issue would be before the legislature soon. He commended the Kodiak Rotary Club, Salvation Army of Kodiak, and radio station KVOK for providing services to help members of the community. He was thankful that 1997 was a good year for Kodiak with the new hospital and the KFRC. He wished everyone a merry Christmas and a happy new year. In response to Presiding Officer Stevens, Mayor Selby said the departure of the USCG Cutter Yakona decreased the Borough's population by approximately 100. OLD BUSINESS A. Reconsideration of Vacation of the twenty foot wide portions of Selief Lane and Beaver Lake Drive, as indicated on the preliminary plat, for the creation of Lots 4 -14, Block 1, and Block 2, Selief Estates (Selief Lane, Beaver Lake Drive, and Von Scheele Way). Because Presiding Officer G. Stevens had filed the reconsideration, he passed the gavel to Deputy Presiding Officer Arndt. G. STEVENS, seconded by HEINRICHS Regular Assembly Meeting December 18, 1997 moved to reconsider the action taken on vacation of the twenty -foot wide portions of Selief Lane and Beaver Lake Drive, as indicated on the preliminary plat, for the creation of Lots 4 -14, Block 1 and Block 2, Selief Estates. (Selief Lane, Beaver Drive, and Von Scheele Way) OLD BUSINESS RECONSIDERATION OF VACATION Volume XXIII Page 220 Assemblymember G. Stevens said he filed the reconsideration to allow time to visit the site. The Assembly visited the site this date. VOTE ON MOTION_ TO _RECONSTnFR Ayes: Noes: Johnson MOTION CARRIED 6 Ayes, 1 No W. Stevens, Abell, Arndt, Bonney, Heinrichs, G. Stevens The motion to approve the vacation of the twenty -foot wide portions of Selief Lane and Beaver Lake Drive, as indicated on the preliminary plat, for the creation of Lots 4 -14, Block 1 and Block 2, Selief Estates (Selief Lane, Beaver Drive, and Von Scheele Way) was before the Assembly. Deputy Presiding Officer Arndt passed the gavel to Assemblymember Heinrichs as senior on the assembly. ARNDT, seconded by BONNEY Regular Assembly Meeting December 18, 1997 moved to remand back to the Planning and Zoning Commission, per discussion with the Commission, to submit a plan for the entire island. Assemblymember Arndt preferred to see the plan before voting on the vacation. Assemblymember W. Stevens was concerned about impacting the land sale. He felt the current width of the road was not needed because the zoning was changing from industrial to residential. Assemblymember Johnson noted that the 1996 Town Meeting reflected a desire for the Borough to sell land. He felt a 100 foot right -of -way was not needed in residential areas. Volume XXIII Page 221 Mayor Selby said there would not be a land sale if this was remanded back to the Commission. He felt the vacation impacted the entire subdivision. Assemblymemher Bonney wanted to -ens r€ that the- vacation was appropriate. Assemblymember Arndt wanted to see a plan for both blocks rather than piecemeal. Assemblymember W. Stevens said remanding this back to the Commission would not change the right -of -way. Assemblymember G. Stevens knew the Assembly's position was to sell property, but he wanted this remanded to the Commission for a recommendation on the entire area. VOTE ON MOTION TO REMAND Ayes: Abell, Arndt, Bonney, G. Stevens Noes: W. Stevens, Heinrichs, Johnson MOTION CARRIED 4 Ayes, 3 Noes Acting Presiding Officer Heinrichs returned the gavel to Presiding Officer Stevens. NEW BUSINESS NEW BUSINESS A. CONTRACTS CONTRACTS 1. Contract No. 97 -67 Operation and CONTRACT Maintenance of a Coordinated Transit System NO. 97 -67 for the Kodiak Road System (Kodiak Area Transit System). W. STEVENS, seconded by BONNEY Regular Assembly Meeting December 18, 1997 moved to authorize the mayor to negotiate a contract with Laidlaw Transit, Inc. to operate and maintain the Kodiak Volume XXIII Page 222 W. STEVENS, seconded by HEINRICHS Assemblymember W. Stevens noted this was not included in the original figure. Assemblymember Bonney was pleased because this brought the contract closer to full funding. VOTE ON MOTION TO AMEND Ayes: Noes: MOTION CARRIED Mayor Selby commended the Committee for providing an excellent product. VOTE ON MOTION AS AMENDED Ayes: Arndt, Bonney, Heinrichs, Johnson, W. Stevens, Abell, G. Stevens Noes: MOTION CARRIED Regular Assembly Meeting December 18, 1997 Area Transit System, in an amount not to exceed $314,000 in operation expenses and $68,000 in capital expenses, for a period of 18 months with a provision for renegotiation after one year. moved to amend by adding $10,950 to the $314,000 for a total of $324,950. Abell, Arndt, Bonney, Heinrichs, Johnson, W. Stevens, G. Stevens None Unanimous None Unanimous Volume XXIII Page 223 In response to Assemblymember Arndt, Assemblymember W. Stevens said the Committee indicated they would present monthly progress reports. Ms. Branson thanked the Assembly for their support_, and she encouraged them to ride the bus. ARNDT, seconded by BONNEY ARNDT, seconded by BONNEY Noes: 2. Contract No. 97 -68 Consultant Services for CONTRACT Fire Protection Area. No. 1 Advisory Board. NO. 97 -68 MOTION CARRIED Regular Assembly Meeting December 18, 1997 moved to approve Contract No. 97 -68 with Earl Smith for a period of fourteen months, November 1, 1997 through December 31, 1998 for a total of $21,400. moved to postpone Contract No. 97 -68 to January 8, 1998 as requested by the Fire Protection Area No. 1 Board. There was no discussion by the Assembly. VOTE ON MOTION TO POSTPONE Ayes: Bonney, Heinrichs, Johnson, Abell, Arndt, W. Stevens, G. Stevens None Unanimous B. RESOLUTIONS RESOLUTIONS None. ORDINANCES FOR C. ORDINANCES FOR INTRODUCTION INTRODUCTION 1. Ordinance No. 97 -29 Amending Kodiak Island ORDINANCE Borough Code of Ordinances Chapter 8.08 NO. 97 -29 Mental Health Center Advisory Board to Volume XXIII Page 224 Pre ented for consideration was Ordinance-No. - 97 -29 that, if adopted, amended KIBC Chapter 8.08 to provide specific responsibilities of the board to be consistent with the lease agreement with Providence. Ordinance No. 97 -29 was advanced to public hearing on January 8, 1998 under "Consent Agenda ". D. OTHER ITEMS Noes: 1. BONNEY, seconded by ARNDT Regular Assembly Meeting December 18, 1997 Provide for Specific Responsibilities of the Board to be Consistent with the Lease Agreement. Peterson Elementary School Addition Schematic Design Drawings. MOTION CARRIED Unanimous moved to approve the schematic design drawings for Peterson Elementary School Addition submitted by ECI /Hyer Architects dated December 5, 1997. Mayor Selby reported that the designs were reviewed by the school board and the Architectural Review Board (ARB) and approval was recommended. Assemblymember Bonney urged that the process be done right even though quick. Assemblymember Arndt reported the ARB was considering a six -month bidding schedule that he favored. VOTE ON MOTION TO APPROVE Ayes: Heinrichs, Johnson, W. Stevens, Abell, Arndt, Bonney, G. Stevens None OTHER ITEMS PETERSON ELEMENTARY SCHOOL SCHEMATIC DRAWINGS Volume XXIII Page 225 HEINRICHS, seconded by 14_ STRVENS 2. Planning and Zoning Commissioner P &ZC RESIGNATION Resignation. Mayor Selby thanked Suzanne Hancock for serving on the Assembly and the Planning & Zoning Commission. VOTE ON MOTION Ayes: Noes: MOTION CARRIED Ayes: 3. Confirmation of Mayoral Appointments to the Human Resources Investment Council. JOHNSON, seconded by BONNEY VOTE ON MOTION Regular Assembly Meeting December 18, 1997 moved to accept, with regret, the resignation n of Suzanne Hancock from the Planning and Zoning Commission and to direct the clerk to advertise the vacant seat per borough code. Johnson, W. Stevens, Abell, Arndt, Bonney, Heinrichs, G. Stevens None Unanimous moved to confirm the mayoral appointments of Thomas Goldston, Ron Accarregui, Woody Koning, Carolyn Floyd, Betty Walters, John Mahoney, John Pfeifer, Gwen McCormick, Donene Tweten, Sandra Amox, Connie Hogue, and Marie Barni to the Human Resources Investment Council. W. Stevens, Abell, Arndt, Bonney, Heinrichs, CONFIRMATION OF MAYORAL APPOINTMENTS TO HUMAN RESOURCES INVESTMENT COUNCIL Volume XXIII Page 226 Noes: MOTION CARRZFf ARNDT, seconded by BONNEY January - Scott Arndt February - Robin Heinrichs March - Scott Arndt April - Robin Heinrichs May - Tuck Bonney June - Gary Stevens Regular Assembly Meeting December 18, 1997 Johnson, G. Stevens None Unanimous 4. Confirmation of Presiding Officer Appointments of Assembly Member Representatives to Kodiak Island Borough Committees, Commissions, Boards, and Councils. Planning and Zoning Commission monthly representation: moved to confirm the following presiding officer appointments of assembly members: Robin Heinrichs - Architectural Review Board Bob Johnson - Kodiak Island Hospital Advisory Board Tuck Bonney - Mental Health Center Advisory Board Bob Johnson - Parks & Recreation Committee Wayne Stevens - Kodiak Island Transportation System Robin Heinrichs - Kodiak College Council Tom Abell - School District Budget Advisory Committee Tom Abell - School District Strategic Planning Committee Wayne Stevens - School District Facilities Review Committee Scott Arndt - Joint Building Code Review Committee Gary Stevens - Emergency Services Council Gary Stevens - Economic Development Committee Scott Arndt - Rocket Launch Facility Advisory Committee July - Wayne Stevens August - Wayne Stevens September - Bob Johnson October - Tuck Bonney November - Tom Abell December - Tom Abell CONFIRMATION OF PRESIDING OFFICER APPOINTMENTS OF ASSEMBLY MEMBERS TO BOARDS AND COMMISSIONS Volume XXIII Page 227 VOTE ON MOTION Ayes: Noes: MOTION CARRIED 5. Kodiak Island Borough Assembly Meeting Schedule for 1998. SCHEDULE ARNDT, seconded by W. STEVENS VOTE ON MOTION Ayes: Noes: None MOTION CARRIED Unanimous B. REPORTS None. C. OTHER None. Regular Assembly Meeting December 18, 1997 Abell, Arndt, Bonney, Heinrichs, Johnson, W Stevens, G. Stevens None Unanimous moved to approve the Assembly meeting schedule for 1998 as submitted by the clerk. Arndt, Bonney, Heinrichs, Johnson, W. Stevens, Abell, G. Stevens ASSEMBLY MEETING INFORMATIONAL INFORMATIONAL MATERIALS (No action required) MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS 1. Fire Protection Area No. 1 Board Meeting of October 15, 1997. 2. MIS Steering Committee Regular Meeting of October 29, 1997. REPORTS OTHER Volume XXIII Page 228 CITIZENS' COMMENTS Gaynell Hatcher phoned. She felt the Assembly was elected to Bat policy and it t -was- appropriate-to discuss job positions in a work session, not a regular meeting. She wished everyone a merry Christmas. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Johnson saw the Kodiak City Council struggle trying to manage instead of setting policy and allowing a manager to manage. Assemblymember Bonney felt the Assembly should be involved in hiring. He wanted to change the personnel policy so the Assembly had more control. Assemblymember W. Stevens congratulated Kyle Wood as the Student of the Month. He wished the community a merry Christmas and happy new year. He saw dramatic changes in the community, and he encouraged residents to participate to accommodate effective changes. Assemblymember Arndt wished everyone a merry Christmas and happy new year. Assemblymember Abell felt there was power in numbers and appreciated youths speaking to the Assembly. He wished everyone a merry Christmas and happy new year. Assemblymember Heinrichs was out of town and unable to attend Mark Johnson's funeral. He enjoyed Mr. Johnson's smiling face and positive attitude. Mr. Johnson was well respected, and he was pleased when the State Fire Conference recognized his 20 years of fire service. He acknowledged Mr. Johnson's life and role in the community that would be missed. Assemblymember G. Stevens said the Assembly would meet in Goals and Objectives on January 10 and 17, and Department of Community and Regional Affairs representatives would attend on January 17. Regular Assembly Meeting December 18, 1997 CITIZENS' COMMENTS Volume XXIII Page 229 He announced that the Assembly would meet in a work session on Tuesday, January 6, at 7:30 p.m. in the borough conference room and a regular meeting on Thursday, January 8, at 7:30 p.m. in the assembly chambers. He said Rnrough offices would b€-- c- lased- Thursday, December 25, in observance of Christmas and Thursday, January 1, in observance of New Years Day. There being no further business to come before the ADJOURNMENT Assembly, the meeting adjourned at 10:54 p.m. ATTEST: Regular Assembly Meeting December 18, 1997 ry L. Stevens, residing Officer 71 .1_7(=-4 Donna F. Sm CMC /AAE Borough Clerk Approved: 01/08/98 Volume XXIII Page 230