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1998-04-07 Regular Meeting.. - • . . ■ - • • • KODIAK ISLAND BOROUGH Regular Assembly Meeting April 7, 1998 Assembly was held April 7, 1998 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 David Nelson of St. Paul's Lutheran Church, followed by the Pledge of Allegiance. There were present: Gary Stevens, Presiding Tom Abell Scott Arndt Tuck Bonney Robin Heinrichs Bob Johnson Wayne Stevens comprising a quorum of the Assembly; and Jerome Selby, Mayor Donna Smith CMC /AAE, Clerk Judi Nielsen CMC, Deputy Clerk APPROVAL OF AGENDA AND CONSENT AGENDA JOHNSON, seconded by ARNDT k Island Borou•h REGULAR MEETING moved to approve the agenda and consent agenda. Clerk Smith read the items for consideration under "Consent Agenda ". VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote APPROVAL OF MINUTES 1. KIB Assembly Meeting of March 19, 1998. STEVENS, seconded by HEINRICHS Assemblymember Johnson was requested an explanation on the section on financial responsibility that was Regular Assembly Meeting April7, 1998 moved to approve the minutes of March 19, 1998. ROLL CALL APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF MINUTES Volume XXIV Page 19 removed from Ordinance No. 98 -02. Clerk Smith clarified that the section was removed from the ordinance but remained in the code. responsibility would be reviewed at the request of the Assembly. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote AWARDS AND PRESENTATIONS A. Employee of the Month Mayor Jerome Selby presented the Employee of the Month Award to Kate Smith, Assessment Clerk I in the Assessing Department. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing and General Comments. None. COMMITTEE REPORTS Assemblymember Johnson attended the School District Strategic Planning meetings where the strategic plan was reviewed issue by issue. The plan would be presented to the Assembly within the next two weeks. He reported there were 34 applicants for the Kodiak Community College president position. The application review process was very thorough, and he hoped for the same process in selecting the Borough manager. Assemblymember Heinrichs traveled to Juneau to attend the Alaska Municipal League (AML) Legislative Committee meetings. Important issues before the legislature included funding deferred maintenance and the St. Herman's Harbor. The presentation from sponsors of Senate Bill 36 for school funding was highly emotional. He met with Transportation Commissioner Perkins to discuss the timing for Kodiak's new ferry, a new ferry terminal, and potential use of a high -speed ferry between Homer and Regular Assembly Meeting April 7, 1998 AWARDS AND PRESENTATIONS EMPLOYEE OF THE MONTH CITIZENS' COMMENTS COMMITTEE REPORTS Volume XXIV Page 20 Kodiak, the condition of Rezanof Drive, and an update on reconstruction of dead mans curve and the "y" intersection. He anticipated decreased revenue sharing for next year. Assemblymember Arndt also attended AML and thanked Assemblymember Heinrichs for his report. Presiding Officer G. Stevens inquired about the high- speed ferry. Assemblymember Heinrichs said that the FV Kennicott was delayed and this was an opportunity to test the FV Malespina in Southeast to see if running a small vessel more often was more cost effective than running a large vessel on a limited schedule. In response to Assemblymember Heinrichs, Mayor Selby said the FV Kennicott was scheduled for completion in December, 1998. Assemblymember Abell referred to SB 36 and the need to fund education. He knew of poor quality school buildings in other communities, but Kodiak faired well because the buildings were maintained. He felt all communities had problems funding state mandates. PUBLIC HEARING PUBLIC HEARING All ordinances and resolutions presented at this meeting were introduced by title only and copies made available to the public. A. Ordinance No. 98 -02 Amending KIBC Title 2 ORDINANCE Administration and Personnel to Provide for the NO. 98 -02 Change to a Manager Plan of Government. Presented for consideration was Ordinance No. 98 -02 that, if adopted, amended Kodiak Island Borough code to enact provisions for the reorganization of the municipal executive and administrative functions. BONNEY, moved to adopt seconded by W. STEVENS Ordinance No. 98 -02. Mayor Selby said this amended the code to prepare for the change to a manager plan of government. HEINRICHS, seconded by W. STEVENS Regular Assembly Meeting April 7, 1998 moved to amend Ordinance No. 98 -02 by substitution. Volume XXIV Page 21 Presiding Officer G. Stevens called for public testimony; hearing and seeing none, he reconvened the regular meeting. •s — . regarding a seven member assembly. He asked if this was seven members plus the elected mayor. Clerk Smith responded affirmatively, noting that in the case of a 3 -3 vote, the mayor would break the tie. VOTE ON MOTION TO AMEND BY SUBSTITUTION Ayes: Noes: None MOTION CARRIED Unanimous There was general discussion about the $250 stipend for the mayor and other issues that the Assembly felt should be clarified prior to adopting the ordinance. ARNDT, seconded by W. STEVENS Clerk Smith related that the verbiage was taken directly from State Statutes. The Presiding Officer was uncomfortable without further discussion. VOTE ON MOTION TO POSTPONE Ayes: Noes: None MOTION CARRIED Unanimous MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM MAYOR Mayor Selby attended AML in Juneau and met with Senator Jerry Mackey and Robin Taylor, president of the Senate. He thanked local seafood processors for donating seafood for the Borough /City /Alaska Aerospace Development Corporation reception during AML. The reception, attended by many legislators, Regular Assembly Meeting April 7, 1998 section 2.16.010 Abell, Arndt, Bonney, Heinrichs, Johnson, W. Stevens, G. Stevens moved to postpone Ordinance No. 98 -02 to April 16, 1998. Arndt, Bonney, Heinrichs, Johnson, Abell, W. Stevens, G. Stevens Volume XXIV Page 22 commissioners, staff, and the lieutenant governor, provided an opportunity for valuable discussion. He thanked Assemblymember Heinrichs for his report on AML. Ht hoped many Kodiak issucs would rcmain in the forefront through the end of the session. Good news was that the Ouzinkie float inside the breakwater was funded at $200,000 and could make the final cut. There was a meeting in Kodiak on the National Tsunami Hazard Mitigation Program. Kodiak was selected for a study on the flow of a tsunami and escape routes with evacuation of the City, C.G. base, and Bells Flats as priorities. The study was funded and would determine if the 100 foot line was truly safe. The primary concern was evacuating through safe routes. Employee training costs would be to the Assembly prior to budget discussion. The auditors were in Kodiak for the mid -year review. Also, he would have a quote for an analysis of continuing education to review incentives, training quality, and better utilizing funds. The House passed the ISTEA Bill (federal highway money bill) with funding similar to that of the Senate. There could be significantly more money for Alaska. Kodiak could be serviced by a new high- speed, 40 -50 car capacity ferry and there may be a federal funding source to purchase the vessel. The U.S. Customs Department designated Kodiak as an International Port of Entry as of April 16, 1998. The foreign trade zone application would be approved and services would be available on an as needed basis. The American Fisheries Act had potentially significant impacts to Kodiak. Magnusen Act wording regarding fish habitat and marine reserves was a concern in that it was important that they reflect West coast issues, not East coast issues. The Senate appropriations were submitted to Senator Stevens office and he would finalize his budget at the end of the month. A request for Coast Guard hangar upgrades of $4.4 million had a chance of success. In the NOAA budget, the fishing fleet would contribute much of the $2.5 million in user fees. Regular Assembly Meeting April 7, 1998 Volume XXIV Page 23 The Exxon Valdez Trustee Council held a public hearing in Kodiak and participated in Com Fish. Participants of the public hearing were pleased to hear that a large portion of earnings from the ril for -. • II research. Studies revealed that the eco- systems around Kodiak and Prince William Sound were interrelated because ocean currents from Prince William Sound flowed through the Shelikof Strait. BOARD OF ADJUSTMENT Presiding Officer G. Stevens recessed the regular meeting and convened the Board of Adjustment. A. An Appeal of the Planning and Zoning GRAVEL Commission's Decision on a Conditional Use EXTRACTION Permit to Permit Non - recreational Gravel APPEAL Extraction Activities, Consisting of the Removal of Approximately 20,000 Cubic Yards of Material, Within Section 14, T31S, R2OW. Generally Located Near Pasagshak Bay, East of Lake Rose Tead and West of Pasagshak Road. (Applicant: Alaska Department of Natural Resources; Agent: Alaska Aerospace Development Corporation) (Appellant: Mike Sirofchuck) HEINRICHS, seconded by W. STEVENS Regular Assembly Meeting April 7, 1998 * * * * * * * * * * * * * * * * * * * * moved to adopt the findings of fact supporting the March 19, 1998 Board of Adjustment denial of an appeal from Mike Sirofchuck of the Planning and Zoning Commission's decision on a conditional use permit to permit non - recreational gravel extraction activities, consisting of the removal of approximately 20,000 cubic yards of material, within Section 14, T31S, R2OW, generally located near Pasagshak Bay, east BOARD OF ADJUSTMENT Volume XXIV Page 24 •s . Regular Assembly Meeting April 7, 1998 of Lake Rose Tead and west of Pasagshak Road as follows: ional use will preserve the value, spirit, character and integrity of the surrounding area. The value, spirit, character, and integrity of the surrounding area will be preserved by operational measures taken to minimize impacts resulting from the extraction activity. These include: an eight foot (8') high earthen berm that will screen the site from the roadway, drainage measures to control erosion and runoff, and site reclamation consisting of recontouring the site and reestablishing vegetation by fertilizing and reseeding early in the growing season. The applicant is required to stabilize the site by regrading to allow sufficient moisture to be retained for natural vegetation and to respread stockpiled topsoil over the site to promote natural plant growth, in addition to the required reseeding. While the Kodiak Island Borough code does not contain reclamation performance standards, such standards are contained in state regulations. 11 AAC 97.200 states that "a miner shall reclaim areas disturbed by a mining operation so that any surface that will not have a stream flowing over it is left in a stable condition ". The conditions of approval established for this project will ensure that this reclamation performance standard is met. Further the regulations state: "a miner shall reclaim an area disturbed by a mining operation so that the surface contours after reclamation is complete are conducive to natural revegetation -- measures taken to accomplish this result may include backfilling, contouring, and grading - -but a miner need not restore the site's approximate original contours ". Again, the conditions of approval imposed on this project will ensure that this performance standard is met, preserving the value, spirit, character, and integrity of the site once it has been reclaimed. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The site plan indicates, and the conditions of approval require, that the gravel excavation and processing areas of this project are located well away - -one hundred foot (100') minimum - -from both Lake Rose Tead and the road. A settling pond with silt fences will contain drainage /runoff within the project area and will be located approximately 400 the south ed•e : : • _ ... s .1110 of the project area. The access point from the Pasagshak Road will be identified and be a minimum of twenty -four feet (24') wide to accommodate two -way traffic. Non - recreational mineral extraction activities, such as this commercial gravel excavation project, are specifically permitted as a conditional use in the C- Conservation zoning district. The Kodiak Island Borough code recognizes that safeguards can be used to minimize project impacts while providing access to a natural resource necessary to the development of an activity previously permitted as an appropriate conditional use (i.e. the Kodiak Launch Facility). 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience, and comfort. The gravel extraction site is located two miles from tideland at Pasagshak Beach, and is required to be separated from Lake Rose Tead by an undisturbed one hundred foot (100') buffer, in order to protect anadromous fish habitat, and by an eight foot (8') high berm to minimize visual and audio impacts. The nearest residences are more than a mile away, ensuring minimal noise and dust impact on neighbors. The greatest impact may be on traffic due to the heavy recreational use of the area during the summer. Adequate access to the site provided by the wide ingress /egress point will help alleviate potential traffic safety problems. In addition, a requirement for informational safety signs and dust control measures should minimize project impacts for the general public. 17.67.05 D. That sufficient setbacks, lot area, buffers, or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The general remoteness of the site, combined with topography and natural vegetation, provide a buffer from the nearest residential development. The eight foot (8') high berm established around the proposed extraction area will provide screening from traffic Regular Assembly Meeting April 7, 1998 Volume XXIV Page 26 and recreationists using Lake Rose Tead. Numerous conditions of approval, imposed on the project, will mitigate the impacts of the project on other activities in the vicinity. In addition, the time _ mizes lon• -term lb II impacts." Presiding Officer G. Stevens said he had not attended the Board of Adjustment hearing; however, he listened to the tapes of the proceedings and felt qualified to vote on the findings of fact for both appeals. Assemblymember Arndt felt the Planning & Zoning Commission had not reviewed fish enhancement. He felt the Alaska Aerospace Development Corporation (AADC) and the Alaska Department of Fish and Game (ADF &G) could provide fish enhancement. He viewed the Brechan Enterprises gravel extraction and wanted to use a previous site used by the Department of Transportation (DOT). He wanted to set standards for the future. Mayor Selby said staff could be directed to pursue fish enhancement with the ADF &G. VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous Presiding Officer G. Stevens read the following: The board of adjustment's decision and findings of facts would be mailed to the parties to the appeal within ten working days. An appeal may be taken to the Superior Court for the State of Alaska within 30 days from the date on which this decision is mailed or otherwise distributed to the parties. B. An Appeal of the Planning and Zoning SuperDARN Commission's Decision on a Conditional Use APPEAL Permit to Permit the Construction of a Super Dual Auroral Radar Network (SuperDARN) (As a Communication Facility) on a C- Conservation Regular Assembly Meeting April 7, 1998 * * * * * * * * * * Bonney, Heinrichs, Johnson, W. Stevens, Abell, Arndt. G. Stevens Volume XXIV Page 27 Zoned Parcel. Generally Located Within U.S. Survey 5704, Near Miller Field. (Applicant: Leisnoi, Inc.; Agent: Dr. Bill Bristow) (Appellant: Carolyn Heitman) JOHNSON, seconded by HEINRICHS "17.67.05 A. That the conditional use will preserve the value, spirit, character, and integrity of the surrounding area. The value, spirit, character, and integrity of the surrounding area will be preserved by measures taken to minimize the impacts of this project. Natural vegetation in the vicinity of the project will help maintain aesthetics and visual vistas. The site itself is fairly isolated, separated by approximately one mile from existing residential areas, and entirely surrounded by property in the same ownership with no other structural development, except for an antennae and support building. Should this radar site be abandoned due to the development of alternate technologies or obsolescence, a condition of approval requires that the site be cleared of unused equipment and structures not otherwise permitted in the zoning district and restored to a natural state. This condition ensures that there will not be residual impacts unrelated to the identified need and permitted use. Regular Assembly Meeting April7, 1998 * * * * * * * * * * moved to adopt the findings of fact supporting the March 19, 1998 Board of Adjustment denial of an appeal from Carolyn Heitman of the Planning and Zoning Commission's decision on a conditional use permit to permit construction of a Super Dual Auroral Radar Network (as a communication facility) on a C- Conservation zoned parcel, generally located within U.S. Survey 5704, near Miller Field as follows: Volume XXIV Page 28 In addition, while some public testimony supported a position that the operation of the antennas permitted by this conditional use permit might be harmful to the public, other testimony provided convincing • ••• -. • •'ect would be no more harmful to the public than many existing operational antennas located on the Kodiak road system (e.g. Narrow Cape, Buskin River Valley). No credible scientific evidence showed that the proposed use, along with other existing conditional uses in the area, will have substantial adverse impacts on the interrelated environment of the project site, especially since one of the conditions of approval requires review and approval by the United States Coast Guard prior to construction. 17.67.05 B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. Based on the site plan and other supporting documentation, the conditional use will fulfill the requirements of Chapter 17.13 (C- Conservation District) of the Borough Code. Communication facilities are specifically permitted as a conditional use in this zoning district and the required conditions of approval will minimize the impacts of the project while permitting a facility that is identified as having value in providing scientific information to better understand and predict arctic weather patterns. Natural vegetation coverage and drainage patterns will be preserved in great measure since the only structural development in the project area will be twenty (2 0) three foot (3') by three foot (3 ' ) concrete antennae foundations and a twenty foot (20') by twenty foot (20') building. There should be no discernable impact on surface water quality or groundwater recharge, nor is it likely there would be excessive runoff or erosion as a result of the project. 17.67.05 C. That granting the conditional use permit will not be harmful to the public health, safety, convenience, and comfort. The project area is located approximately one mile from the nearest established residential area. Information provided by the applicant indicates that Regular Assembly Meeting April7, 1998 Volume XXIV Page 29 the SuperDARN project is a low power system with a peak transmitted power of only 16kW and an average power of less than 500W, having no known environmental effects. Since the proposed site is there will . -•• • ._ _ . • .. be no significant traffic impacts. The antennae towers and support building will be constructed and maintained in accordance with applicable federal, state, and local requirements, including the standards of the Uniform Building and Fire Codes. The radar equipment will be installed and operated in compliance with all applicable FAA and FCC regulations. 17.67.05 D. That sufficient setbacks, lot area, buffers, or other safeguards are being provided to meet the conditions listed in subsections A throu.h C of this section. Even more than the twenty -five foot (25') setbacks required in the C- Conservation zoning district, the remoteness of the site, distance from any residential development, natural vegetation, and topography will serve to provide buffering and safeguards against conflicts arising from potential incompatibilities between the proposed development and other land uses." There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Heinrichs, Johnson, W. Stevens, Arndt, Bonney, G. Stevens Noes: Abell MOTION CARRIED 6 Ayes, 1 No Presiding Officer G. Stevens read the following: The board of adjustment's decision and findings of facts would be mailed to the parties to the appeal within ten working days. An appeal may be taken to the Superior Court for the State of Alaska within 30 days from the date on which this decision is mailed or otherwise distributed to the parties. Assemblymember Arndt asked that staff work with the Regular Assembly Meeting April7, 1998 Volume XXIV Page 30 applicant and all interested parties to change the scope of the project to enhance fish at Lake Rose Tead and Pasagshak and review other permits with Brechan Enterprises to look at replenishing gravel. A. CONTRACTS 1. Contract No. 98 -11 Peterson Elementary School Classroom Addition. ARNDT, moved to award Contract seconded by HEINRICHS No. 98 -11 Peterson Elementary School Classroom Addition to Gaston & Associates of Anchorage on the deductive alternate for the lump sum of $1,217,000. Mayor Selby noted that Gaston & Associates was the low bidder and had performed quality work in Kodiak in the past. Assemblymember Arndt was pleased that the completion date had been extended as he felt that ensured a better quality product. Assemblymember W. Stevens asked about the cost associated to transport and house students until the December completion date. Mayor Selby said the cost would be significantly higher than $9,000. Assemblymember Arndt related that the contractor indicated the project could not be completed in a shorter time - frame. He understood the state paid 98% of the increased cost of bussing. Assemblymember Johnson questioned the added expense versus the higher quality end product. VOTE ON MOTION TO AWARD Ayes: Noes: MOTION CARRIED Regular Assembly Meeting April7, 1998 Arndt, Bonney, Heinrichs, G. Stevens Johnson, W. Stevens, Abell 4 Ayes, 3 Noes CONTRACTS CONTRACT NO. 98 -11 Volume XXIV Page 31 2. Contract No. 98 -12 Strapping Wire for the Kodiak Island Borough Baler /Landfill Facility. JOHNSON, moved t* award Contract seconded by HEINRICHS No. 98 -12 Strapping Wire for the Kodiak Island Borough Baler /Landfill Facility to U.S. Wire Tie Systems of Auburn, Washington in an amount not to exceed $10,125. Mayor Selby said that of the three quotes received, U.S. Wire Tie Systems was the low bidder and had been the low bidder for several years. At Assemblymember Johnson's inquiry, Mayor Selby clarified that the contract was for 25,000 pounds of wire. VOTE ON MOTION TO AWARD Ayes: Noes: MOTION CARRIED Unanimous B. RESOLUTIONS Regular Assembly Meeting April 7, 1998 W. Stevens, Abell, Arndt, Bonney, Heinrichs, Johnson, G. Stevens None 1. Resolution No. 98 -14 Authorizing an Expenditure In the Amount of Five Thousand Dollars ($5,000) to the North Pacific Marine Science Foundation for Continued Marine Mammal Research in the North Pacific and Eastern Bering Sea. Presented for consideration was Resolution No. 98 -14 that, if adopted, authorized an expenditure of $5,000 to continue marine mammal research critical to the long -term health of the Kodiak fishing industry. W. STEVENS, moved to adopt seconded by HEINRICHS Resolution No. 98 -14. Mayor Selby said this was the fourth year the Borough had supported this research. Recent research CONTRACT NO. 98 -12 RESOLUTIONS RESOLUTION NO. 98 -14 Volume XXIV Page 32 indicated that sea lions with a steady diet of pollock lost weight and had health problems. Catching more pollock could be beneficial so sea lions would eat a healthier, more diverse diet. He on •o•ulation, - although lower than previously, had stabilized. Assemblymember Heinrichs felt this was a good way to address the decline of marine mammals. VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous 2. Resolution No. 97 -10A Amending Resolution RESOLUTION No. 97 -10 Fees of the Kodiak Island Borough NO. 97 -10 -A for Fiscal Year 1998 to Waiver Fees for Disposal of Junk Vehicles During Spring Clean -up. Presented for consideration was Resolution No. 97 -10A that, if adopted, waived fees for disposal of junk vehicles effective May 4 -16, 1998. W. STEVENS, moved to adopt seconded by HEINRICHS Resolution No. 97 -10A. Mayor Selby said this was the annual disposal of junk vehicles in conjunction with spring clean -up that began May 2. In response to Assemblymember Arndt, Mayor Selby said the service included Anton Larson Road and Chiniak. VOTE ON MOTION TO ADOPT Ayes: Noes: None MOTION CARRIED Unanimous Regular Assembly Meeting April 7, 1998 Abell, Arndt, Bonney, Heinrichs, Johnson, W. Stevens, G. Stevens Arndt, Bonney, Heinrichs, Johnson, W. Stevens, Abell, G. Stevens Volume XXIV Page 33 C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 98 -03 Amending Kodiak Island we SIP ■. 18.11 - Provide for the Change to a Manager Plan of Government. Presented for consideration was Ordinance No. 98 -03 that, if adopted, amended Kodiak Island Borough Code Title 3 to enact provisions for the reorganization of the municipal executive and administrative functions. This item was advanced to public hearing on April 16, 1998 under "Consent Agenda ". ORDINANCE 2. Ordinance No. 98 -04 Amending Kodiak Island NO. 98 -04 Borough Code Title 4 Service Areas to Provide for the Change to a Manager Plan of Government. Presented for consideration was Ordinance No. 98 -04 that, if adopted, amended Kodiak Island Borough Code Title 4 to enact provisions for the reorganization of the municipal executive and administrative functions. This item was advanced to public hearing on April 16, 1998 under "Consent Agenda ". ORDINANCE 3. Ordinance No. 98 -05 Amending the Kodiak NO. 98 -05 Island Borough Code of Ordinances Title 2 Administration and Personnel to Add Chapter 2.51 Kodiak Area Transit System Advisory Committee. Presented for consideration was Ordinance No. 98 -05 that, if adopted, added the Kodiak Area Transit System Advisory Committee as a permanent Kodiak Island Borough advisory committee. This item was advanced to public hearing on April 16, 1998 under "Consent Agenda" ORDINANCE 4. Ordinance No. 97 -10C Amending Ordinance No. NO. 97 -10C 97 -10 Fiscal Year 1998 Budget to Reflect Needed Adjustments. Presented for consideration was Ordinance No. 97 -10C that, if adopted, amended the fiscal year 1998 budget by adding funds to the Peterson Elementary School Regular Assembly Meeting April7, 1998 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 98 -03 Volume XXIV Page 34 addition, closing out the hospital construction project, and making other small adjustments. HEINRICHS, moved to adopt Ordinance • - . first - • . - . .. - Mayor Selby outlined the changes to the budget that included receipt of revenue sharing funds, a grant for economic development, child care grants, a transfer of $265,000 from the general fund, computers for the schools, and construction of new bay at Bayside Fire Hall. Anton Larson bay would go through a site selection process for the new boat launch. ARNDT, seconded by ABELL Assemblymember Arndt said that removing the whereas reflected the $7,000 that was removed at work session. VOTE ON MOTION TO AMEND Ayes: Noes: W. Stevens MOTION CARRIED 6 Ayes, 1 No Assemblymember Arndt had previously requested, and again requested, information on how the Borough became liable for $1 million worth of computer equipment for the hospital without Assembly approval. Mayor Selby said he would attempt to find the information as Lutheran Homes had operated the hospital at that time. Assemblymember Bonney felt there should be a paper trail to spend $1 million. In response to Presiding Officer G. Stevens, Mayor Selby said the Borough was a co- applicant with Karluk Regular Assembly Meeting April 7, 1998 reading to advance to public hearing on April 16, 1998. moved to amend Ordinance No. 97 -10C by removing the second "Whereas ". Bonney, Heinrichs, Johnson, Abell, Arndt, G. Stevens Volume XXIV Page 35 to receive funds for the Karluk Clinic as Karluk was not eligible to receive funds. The Borough would construct the building; Karluk was responsible for maintenance and operation as outlined in the application agreement. VOTE ON MOTION TO ADVANCE AS AMENDED Ayes: Noes: None Heinrichs, Johnson, W. Stevens, Abell, Arndt, Bonney, G. Stevens MOTION CARRIED Unanimous 5. Ordinance No. 98 -06 Repealing Ordinance ORDINANCE No. 87 -15 -0 Reserving Certain Borough Lands NO. 98 -06 as a Vegetative Screen to Reserve an Amended Greenbelt Common Boundary of the Monashka Bay Road Service Area. Presented for consideration was Ordinance No. 98 -06 that, if adopted, repealed Ordinance No. 87 -15 -0 to reserve a greenbelt area to serve as a visual and sound barrier separating activities at the landfill site from residences in the Monashka Bay Road Service Area. HEINRICHS, seconded by JOHNSON Regular Assembly Meeting April 7, 1998 moved to adopt Ordinance No. 98 -06 in first reading to advance to public hearing on April 16, 1998. Mayor Selby said this would modify the greenbelt area that was originally established between the Monashka Bay Road Service Area residential area and the landfill. The five acres would be exchanged for fifteen acres and would be used for the next ten years as the primary landfill area. This was discussed with area residents and the service area board approved the request. Water was tested, and would be tested in the future, to ensure residents' safety. Assemblymember Heinrichs asked that staff present topography maps of the existing and proposed areas. He also requested Ron Reimer, Borough environmental engineer, report on proposed testing and monitoring Volume XXIV Page 36 of the ground and surface water as well as the surface drainage patterns. In response to Presiding Officer G. Stevens, an e scheduled. • - -- • • • In response to Assemblymember Bonney, Mayor Selby said the width of green belts varied greatly. Assemblymember Abell was concerned about crowding a community whose water source was from wells. VOTE ON MOTION TO ADVANCE Ayes: Noes: None Regular Assembly Meeting April 7, 1998 Johnson, W. Stevens, Abell, Arndt, Bonney, Heinrichs, G. Stevens MOTION CARRIED Unanimous 6. Ordinance No. 98 -07 Rezoning Lots 2, 3, and ORDINANCE 4, Shoreline Subdivision From R3- NO. 98 -07 Multifamily Residential To R1- Single Family Residential. (4141 and 4215 Rezanof Drive East) Presented for consideration was Ordinance No. 98 -07 that rezoned property to be consistent with the 1968 Comprehensive Plan. This item was advanced to public hearing on April 16, 1998 under "Consent Agenda ". D. OTHER ITEMS None. INFORMATIONAL MATERIALS (No action required) 1. MIS Steering Committee Meeting of February 13, 1998. 2. Kodiak Area Transit System Meetings of February 4 and 25, 1998. 3. Airport Advisory Committee Meetings of June 9 and September 8, 1997, and January OTHER ITEMS INFORMATIONAL MATERIALS A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS Volume XXIV Page 37 12, 1998. 4. Planning and Zoning Commission Meeting of January 21, 1998. REPORTS 1. Kodiak Island Borough Financial Report for March 1998. C. OTHER None. CITIZENS' COMMENTS Roger Reddekopp asked why discussion on the Peterson Elementary School GDM architect settlement would be in executive session. Mayor Selby said this was litigation on a construction project from three years ago so it was a legal matter. Cathy Cordry asked to be included in the tour of the landfill. She was assured that Clerk Smith would phone her with information on the tour date. ASSEMBLYMEMBER COMMENTS ASSEMBLYMEMBER COMMENTS Assemblymember Johnson commended Assemblymember Bonney for his success in securing seafood donations from local processors for the AML reception. In response to Assemblymember Bonney's question about a resolution for construction in the Pasagshak area, Clerk Smith said she would converse with Linda Freed, Community Development Department Director, and submit a draft to the Borough attorney for review. Assemblymember W. Stevens also thanked Assemblymember Bonney for securing the seafood donations. He congratulated Kate Smith as the employee of the month. He noted that May 2 was Community Clean -up Day and encouraged residents to participate and to dispose of hazardous household waste. While in Juneau, Assemblymember Heinrichs spoke with Tom Quick of Ouzinkie about soliciting village input during the manager selection process. Assemblymember Heinrichs felt the village perspective was important. Regular Assembly Meeting April7, 1998 REPORTS OTHER CITIZENS' COMMENTS Volume XXIV Page 38 In response to Assemblymember Heinrichs, Mayor Selby said the Tsunami study was funded by the federal government through NOAA but the state Division of Emergency Services and other agencies were involved - .. . chs was concerned about making Kodiak's shoreline undevelopable. Mayor Selby agreed that was a concern and added that the need was to provide for public safety because a locally generated tsunami was the most dangerous to residents. Assemblymember Heinrichs appreciated the easy access to state government. He felt that all attendees at AML were well received. Presiding Officer G. Stevens asked that village participation in the manager selection process be placed on the agenda for the next work session. Assemblymember Abell referred to a recent scrap metals contract and the need to recycle auto parts. He did not like to make hasty decisions on contracts. Recycled auto parts were valuable, but recycling the parts was a breach of contract. Assemblymember Arndt also thanked Assemblymember Bonney for securing seafood and hoped a notice of appreciation would be in the newspaper. He agreed with Assemblymember Abell's comments about recycling auto parts. He felt that should be included in the planning process for expansion of the dump. He asked for a summary of the impact to salaries and steps and a brief statement on the changes to the personnel rules. He was pleased that Mayor Selby would soon have employee training information to the Assembly. Presiding Officer G. Stevens visited Akhiok during heritage week where they celebrated their heritage and village arts and crafts. He said there were more students now than in a long time. He was pleased with Mayor David Eluska's welcome to visitors. Assemblymember Arndt thought Borough attorney Matt Jamin had requested an executive session with the Assembly. Clerk Smith understood that was regarding the Leisnoi appeal. Mayor Selby said the Assembly would meet with Mr. Jamin when the information was available. Regular Assembly Meeting April7, 1998 Volume XXIV Page 39 Presiding Officer G. Stevens announced that the assembly would meet in work session Thursday, April 9, at 7:30 p.m. in the borough conference room and a regular meeting on Thursday, April 16, at 7:30 p.m. sembly chambers. 16. EXECUTIVE SESSION W. STEVENS, seconded by JOHNSON VOTE ON MOTION MOTION CARRIED Unanimous voice vote At 9:32 p.m. Presiding Officer G. Stevens recessed the regular meeting to convene into executive session. At 10:01 p.m. Presiding Officer G. Stevens reconvened the regular meeting and announced that no action would be taken as a result of the executive session. There being no further business to come before the ADJOURNMENT Assembly, the meeting adjourned at 10:02 p.m. ATTEST: 1. Jane Doe Litigation. 2. GDM Architect Settlement on Peterson Elementary School. Regular Assembly Meeting April 7, 1998 . G J 1 t 1 1-1.:C. A Donna F. Smith, CMC /AAE Borough Clerk moved to recess the regular meeting to convene into executive session for an attorney's report on the Jane Doe litigation and the GDM architect settlement on Peterson Elementary School. (::- Ga t- ens, Pr siding Officer Approved: 04/16/98 EXECUTIVE SESSION Volume XXIV Page 40