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1998-12-03 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held December 3, 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. Captain David Davis of the Salvation Army gave the invocation, followed by the Pledge of Allegiance. There were present: ROLL CALL Mayor. Gary L. Stevens Assemblymembers: Scott Arndt Robin Heinrichs Greg Spalinger absent: Tuck Bonney Wayne Stevens comprising a quorum of the Assembly; and Thomas J. Manninen, Manager Donna Smith CMC /AAE, Clerk Patti Kirkpatrick, Secretary Chris Lynch, Engineering /Facilities Director Linda Freed, Community Development Director Assemblymembers Tuck Bonney and Wayne Stevens were out and asked to be excused. ARNDT, seconded by HEINRICHS VOTE ON MOTION TO EXCUSE Regular Assembly Meeting December 3, 1998 KODIAK ISLAND BOROUGH Regular Assembly Meeting December 3, 1998 Tom Abell Pat Branson moved to excuse Assemblymembers Bonney and Stevens. MOTION CARRIED Unanimous voice vote REGULAR MEETING Volume XXIV Page 231 APPROVAL OF AGENDA AND CONSENT AGENDA HEINRICHS, seconded by ARNDT moved to approve the agenda and consent agenda. Assemblymember Heinrichs requested that Ordinance No. 98 -29 be removed from the consent agenda. HEINRICHS, seconded by ABELL moved to amend the agenda by removing Contract No. 98 -53 Consolidated Fire Protection Plan. Assemblymember Heinrichs explained that since the contract ma-s- not fully funded, he- wanted suffici time to secure the funding. Assemblymember Arndt wanted to discuss the contract. He knew the city manager had written to the Alaska Aerospace Development Corporation (AADC) to request $10,000, the short fall of funds. Also, the contractor was willing to proceed at $51,000, even if additional funding was not received. Manager Manninen reported that the contractor, Emergency Services Consulting Group (ESCG), would be in Kodiak January 5 -10. In response to Assemblymember Branson, Assemblymember Heinrichs said an additional two weeks was needed to obtain the funds that he was pursuing from AADC and other entities. VOTE ON MOTION TO AMEND Ayes: Branson, Heinrichs Noes: Abell, Arndt, Spalinger Absent: Stevens, Bonney MOTION FAILED 2 Ayes, 3 Noes Regular Assembly Meeting December 3, 1998 APPROVAL OF AGENDA AND CONSENT AGENDA Volume XXIV Page 232 VOTE ON MOTION TO APPROVE Ayes: Noes: Absent: MOTION CARRIED APPROVAL OF MINUTES ARNDT, bc:vt1Liad by HEINRICHS Arndt, Branson, Heinrichs, Spalinger, Abell None Stevens, Bonney Unanimous moved to approve the miTXUteS of October 29, November 3, and November 12, 1998. Assemblymember Heinrichs asked that the November 3 meeting minutes be corrected on the second page referring to his comments summarized as: "Assemblymember Heinrichs did not see a cause and effect of the proposed action - -the fundamental issue - -by the National Marine Fisheries Service ". He felt his intent should be made more clear. He did not see a cause and effect relationship between closing the areas and preserving the Steller Sea Lion species. He asked that the minutes reflect the correction. VOTE ON MOTION TO APPROVE AS CORRECTED MOTION CARRIED Unanimous voice vote AWARDS AND PRESENTATIONS Manager Manninen presented the November Student of the Month Award to Clover Reddekopp, a senior at Kodiak High School. Manager Manninen presented the Employee of the Month Award to James Zurflueh, baler operator, in the Engineering /Facilities Department. Regular Assembly Meeting December 3, 1998 APPROVAL OF MINUTES AWARDS AND PRESENTATIONS STUDENT OF THE MONTH EMPLOYEE OF THE MONTH Volume XXIV Page 233 CITIZENS' COMMENTS Lt. Commander Dave Dermanellean of the U.S. Coast Guard Communications Station presented a Priscilla Messner 40th Anniversary print to the Borough as a token of appreciation from all the commands of the Coast Guard presence in Kodiak. He said the Coast Guard would not be able to provide the level of service to the community without the support of the Borough. Mayor Stevens thanked Lt. Commander Dermanellean for the print. Dick Diemer asked the Assembly to approve the partial vacation of th ten foot utility easement -en- his property. He said the utility companies and the Planning and Zoning Commission expressed no problems with his vacating that portion of the easement. COMMITTEE REPORTS Phil Cline, Providence Kodiak Island Hospital administrator, reported that ten months into the fiscal year, they were well ahead of budget. Recruitment for the orthopedic surgeon was proceeding slowly though it was hoped the vacancy would be filled soon. He said the hospital was expanding ambulatory services, the speciality clinics were busy, and the pediatrician was favorably received. 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. Resolution No. 98 -37 Naming the Kodiak High RESOLUTION School Auditorium Building the Gerald C. Wilson NO. 98 -37 Auditorium. Presented for consideration was Resolution No. 98 -37 that, if adopted, renamed the high school auditorium. Regular Assembly Meeting December 3, 1998 CITIZENS' COMMENTS COMMITTEE REPORTS Volume XXIV Page 234 BRANSON, moved to adopt seconded by HEINRICHS Resolution No. 98 -37. Mayor Stevens opened the public hearing. Susan Oliver, Kodiak Arts Council member, favored renaming the high school auditorium to the Gerald C. Wilson Auditorium. She said there would be no auditorium or Arts Council without the dedication and support of Gerry Wilson. Martha Glatt, Kodiak Arts Council member, also spoke in favor of renaming the high school auditorium. She felt the auditorium was the heart and soul of the community and that one could not enter the building . without f e al ing Ge L L y W i l s - oar`s presence. Mayor Stevens closed the public hearing and reconvened the regular meeting. Mayor Stevens thought it was fitting to name the auditorium after Gerry Wilson because of his strong community involvement. Assemblymember Branson agreed it was a privilege to be able to do this for the community. VOTE ON MOTION TO ADOPT Ayes: Branson, Heinrichs, Spalinger, Abell, Arndt Noes: None Absent: Bonney, Stevens MOTION CARRIED Unanimous Mayor Stevens invited the Kodiak Arts Council to help plan the dedication ceremony. B. Ordinance No. 98 -27 Amending Kodiak Island ORDINANCE Borough Code of Ordinances Title 3 Revenue and NO. 98 -27 Finance Chapter 3.08 Public Finance -- Budget to Regular Assembly Meeting December 3, 1998 Volume XXIV Page 235 Change the Budget and Capital Program Submittal Date. Presented for consideration was Ordinance No. 98 -27 that, if adopted, extended the school district budget submittal date from March 31 to April 30. HEINRICHS, moved to adopt seconded by ARNDT Ordinance No. 98 -27. Assemblymember Arndt clarified that he originally wanted to amend the code to receive the Borough budget two weeks prior to the school district budget, however, agreed this could eliminate unnecessary expenses. Mayor Stevens requested a schedule to consider varying aspects of the budget. Manager Manninen hoped to have a schedule soon now that action had been taken on this ordinance. VOTE ON MOTION TO ADOPT Ayes: Heinrichs, Spalinger, Abell, Arndt, Branson Noes: None Absent: Bonney, Stevens MOTION CARRIED Unanimous C. Ordinance No. 98 -28 Authorizing the Issuance of ORDINANCE General Obligation Refunding Bonds, 1994 Series NO. 98 -28 A, in the Principal Amount of Not to Exceed $10,000,000 to Refund Certain Outstanding General Obligation Bonds of the Kodiak Island Borough, Fixing Certain Details of Such Bonds and Authorizing Sale. Presented for consideration was Ordinance No. 98 -28 that, if adopted, authorized the refunding of the issuance of General Obligation Refunding Bonds, 1994 Series A, with General Obligation Refunding Bonds, Regular Assembly Meeting December 3, 1998 Volume XXIV Page 236 1998 Series A, to enjoy a savings made possible by lower interest rates nationally. HEINRICHS moved to adopt seconded by ARNDT Ordinance No. 98 -28 Manager Manninen appreciated the hard work of Karl Short, finance director, in assembling a strong bond package. He asked Director Short to address the Assembly. Director Short briefly reported on the breakdown of costs to the Assembly on refunding the bonds. He advised that the Kodiak Island Borough received an A- rating, the same as the Matanuska - Susitna Borough. He pointed out that under section I7 pay ±4 n Ordinance No. 98 -28, the service savings was at least three percent. He asked the Assembly to amend to a service savings of at least 2.75 percent as he was concerned that the interest rates could drop and that would affect the Borough's overall savings. He advised that the bond sale would open December 7 and close on December 22. Mayor Stevens opened the public hearing; seeing and hearing none, the public hearing was closed. In response to Assemblymember Arndt, Director Short stated that one -half of the issued bond would be applied towards the hospital, one -half to the school district, and the Borough would get 30 percent of the second half. ARNDT, seconded by BRANSON There was no discussion on the amendment. VOTE ON MOTION TO AMEND Ayes: Spalinger, Abell, Arndt, Branson, Heinrichs Regular Assembly Meeting December 3, 1998 moved to amend Section 17 to replace the three percent service savings to 2.75 percent. Volume XXIV Page 237 Noes: None Absent: Bonney, Stevens MOTION CARRIED Unanimous There was no further discussion. VOTE ON MOTION TO ADOPT AS AMENDED Ayes: Abell, Arndt, Branson, Heinrichs, Spalinger Noes: None Absent: Bonney, Steven MOTION CARRIED Unanimous MESSAGES FROM THE BOROUGH MANAGER MESSAGES FROM THE BOROUGH Manager Manninen would meet with the school district MANAGER administration and Mental Health Center administrations in late January to discuss services provided by the center to the schools. The Center currently met the needs of the school district and he recommended continuing that service in the fiscal year 2000 budget. He felt it was important to have continued input from the schools on what their needs were and to continue to work with the center to provide those services. He had not received a signed agreement with the University of Alaska Fairbanks(UAF) for the Kodiak Fisheries Research Center lease. He said that Linda Zanazzo, UAF representative and Chris Lynch, Engineering /Facilities Department director, would be touring the center and he hoped to have a signed contract before Linda Zanazzo left. He reported that the hospital construction costs were $22,515,441 with a balance of $47,973 in the hospital construction fund 425. The Kodiak Fisheries Research Center total project cost was $20,684,061 with a current fund balance of $153,855. He stated there Regular Assembly Meeting December 3, 1998 Volume XXIV Page 238 was some minor work to be done at the hospital and research facility but did not feel it would affect the balance in each fund. He reported that an environmental analyst coming from Atlanta to start in January. MESSAGES FROM THE BOROUGH MAYOR MESSAGES FROM THE BOROUGH Mayor Stevens was looking forward to the Kodiak MAYOR Island Mayors Conference scheduled for December 4 in the Borough conference room. He gave a brief overview of the agenda and thanked the clerk's office for organizing the conference and the agenda. UNFINISHED UNFINISHED BUSINESS BUSINESS A. Ordinance No. 98 -23 Amending the Personnel Rules ORDINANCE and Regulations by Amending the Organization and No. 98 -23 Delegation of Authority for Position Classifications. Presented for consideration was Ordinance No. 98 -23 that, if adopted, would place the additions and /or changes to position descriptions, position classification plans and placement on salary schedule under the purview of the assembly as it was prior to 1994. The motion to introduce Ordinance No. 98 -23 in first reading and advance to public hearing was before the Assembly. Assemblymember Arndt wanted the Assembly to regain the ability to oversee changes in employee pay ranges and position descriptions that took place without benefit of the budget process. He thought to postpone to allow time to secure an attorney's opinion on potential lawsuits. ARNDT, seconded by ABELL Regular Assembly Meeting December 3, 1998 moved to postpone Ordinance No. 98 -23 to February 4, 1999 to allow time to receive an attorney's opinion. Volume XXIV Page 239 Assemblymember Branson questioned the need for an attorney's opinion. Assemblymember Abell referred to previous Mayor Jerome Selby's comment at the August 6, 1998 meeting that the ordinance language was ill- advised and governing bodies had lost law suits on this type of issue and that the policy in place was written by a leading attorney. Assemblymember Abell further stated that he favored the ordinance; however, he would not vote for it if there was the possibility of impending lawsuits. Assemblymember Heinrichs remembered that a copy of the legal opinion was included in the August 6 meeting packet. He asked for olarifzcatiun 011 what advice was being sought. Assemblymember Arndt wanted advice on Mayor Selby's reference. He remembered a legal opinion addressing the language in the ordinance, not impending lawsuits. Assemblymember Heinrichs thought Assemblymember Arndt was looking for clarification of who the attorney was that lead to the statements by Mayor Selby. Assemblymember Abell wanted advice on what changes were made over the past five years that magnified this issue. Mayor Stevens felt the issue had become unnecessarily complicated. He related that the Personnel Advisory Board failed the issue twice, the manager was directly accountable to the Assembly, and it would be difficult to determine how Mayor Selby obtained the information. He urged the Assembly to fail the motion. Assemblymember Abell was aware that although the Assembly had no say in many issues, he felt the manager would be pleased to have the Assembly approve major changes to eliminate any misunderstandings. Assemblymember Branson agreed with Mayor Stevens. Regular Assembly Meeting December 3, 1998 Volume XXIV Page 240 This was an opportunity to show confidence in the new form of government that was put in place by the voters of Kodiak. She wanted to let the manager do his job. VOTE ON MOTION TO POSTPONE Ayes: Arndt, Spalinger, Abell Noes: Branson, Heinrichs Absent: Bonney, Stevens MOTION FAILED 3 Ayes, 2 Noes AssembIyme ber Arndt hoped to advaiic:e Ordinance No. 98 -23 to public hearing for additional testimony. Mayor Stevens encouraged the Assembly to defeat the motion. VOTE ON MOTION TO ADOPT TO ADVANCE TO FIRST READING Ayes: Spalinger, Abell, Arndt Noes: Branson, Heinrichs, Absent: Bonney, Stevens MOTION FAILED 3 Ayes, 2 Noes NEW BUSINESS NEW BUSINESS A. Contracts CONTRACTS 1. Contract No. 98 -53 Consolidated Fire CONTRACT Protection Plan. NO. 98 -53 HEINRICHS, seconded by ARNDT Regular Assembly Meeting December 3, 1998 moved to award Contract No. 98 -53 to Emergency Services Consulting Group of West Linn, Oregon, in an amount not to exceed $51,581. Volume XXIV Page 241 Assemblymember Heinrichs said this was the next step to determine the cost and viability of a consolidated fire protection plan for the entire road system. Assemblymember Arndt said the consultant was willing to provide the service for a reduced fee and it was time to move forward to allow the consultant to begin in January. At Mayor Stevens' concern about reduced services, Assemblymember Heinrichs said the finished product would be identical to that in the proposal. When Assemblymember Abell inquired how the city figured their portion of their agreed split, Mayor Stevens replied the city agreed to a epee €ie ant At Assemblymember Spalinger's inquiry, Assemblymember Heinrichs stated that funding from AADC and other sources would continue to be sought. Assemblymember Branson wondered about the impact to the final product if additional funds were not received. Manager Manninen said strong efforts would be made to secure the full funding; however, if full funding was not secured, the final product would not be impacted. In response to Assemblymember Spalinger, Assemblymember Heinrichs explained that similar to an architect, ESCG would design and help implement the plan; however, the cost of implementation had not been discussed. Assemblymember Abell favored the consolidation plan. Mayor Stevens summarized that this was a good faith agreement to secure additional funds; however, if additional funds were not secured, the consultant would not request additional funds from the Borough. Regular Assembly Meeting December 3, 1998 Volume XXIV Page 242 VOTE ON MOTION TO AWARD Ayes: Heinrichs, Spalinger, Abell, Arndt, Branson Noes: None Absent Bonney, Stevens MOTION CARRIED Unanimous B. Resolutions RESOLUTIONS 1. Resolution No. 98 -35 Supporting the RESOLUTION resurfacing of the Paved "Ends" of Rezanof NO. 98 -35 Drive and A PTiority Li of_Items for Inclusion in the Pasagshak Road Spot Improvement Project. Presented for consideration was Resolution No. 98 -35 that, if adopted, would give a higher rating in the State's project scoring process to the priority listing of items for inclusion in the Pasagshak Road Spot Improvement Project. HEINRICHS, moved to adopt Resolution seconded by ABELL No. 98 -35. After a five minute recess at 9:07 p.m., Mayor Stevens reconvened the regular meeting. Manager Manninen examined the changes to the resolution. There was no discussion by the assembly. VOTE ON MOTION TO ADOPT Ayes: Spalinger, Abell, Arndt, Branson, Heinrichs Noes: None Absent: Bonney, Stevens Regular Assembly Meeting December 3, 1998 Volume XXIV Page 243 MOTION CARRIED Unanimous 2. Resolution No. 98 -36 Approving the Disposal RESOLUTION of Certain Vehicles, Trailers, and Conexes NO. 98 -36 Determined to be Surplus to the Kodiak Island Borough. Presented for consideration was Resolution No. 98 -36 that, if adopted, disposes of certain vehicles, trailers, and conex vans that were no longer cost - effective to operate due to large maintenance expenses. ARNDT, moved to adopt Resolution seconded by BRANSON No. 98 -36. At Assemblymember Arndt's inquiry, Manager Manninen said the bucket truck was in use at the landfill and the forklift was in use at the Kodiak Fisheries Research Center. VOTE ON MOTION TO ADOPT Ayes: Abell, Arndt, Branson, Heinrichs, Spalinger Noes: None Absent: Bonney, Stevens MOTION CARRIED Unanimous 3. Resolution No. 98 -38 Approving the Kodiak RESOLUTION Island Overall Economic Development NO. 98 -38 Program's Annual Report for Fiscal Year 1998. Presented for consideration was Resolution No. 98 -38 that, if adopted, would allow submittal of the Report to the U.S. Economic Development Administration for review and approval. BRANSON, moved to adopt Resolution seconded by ABELL No. 98 -38. Regular Assembly Meeting December 3, 1998 Volume XXIV Page 244 Don Rofkar, Kodiak Chamber of Commerce economic development specialist, stated that the resolution was a necessary part of the packet sent to the EDA. This ensured that organizations in the Kodiak Island Borough were eligible for EDA grants. When Assemblymember Branson asked about the National Foundation for Teaching Entrepreneurship, Mr. Rofkar said he was working with KANA to obtain funding through grants, donations for the Native corporations. He hoped to be ready next spring. VOTE ON MOTION TO ADOPT Ayes: Regular Assembly Meeting December 3, 1998 Arndt, Branson, H e - inrichs, Spalinger, Abell Noes: None Absent: Bonney, Stevens MOTION CARRIED Unanimous 4. Resolution No. 98 -39 Adopting an RESOLUTION Alternative Allocation Method for the NO. 98 -39 Fiscal Year 1999 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Kodiak Island Borough. Presented for consideration was Resolution No. 98 -39 that, if adopted, supported the Borough's attempt to use the alternative allocation method for the fiscal year 1999 Shared Fisheries Business Tax Program. HEINRICHS, moved to adopt Resolution seconded by ARNDT No. 98 -39. Assemblymember Heinrichs said that although the Borough could retain the entire distribution, in the past the Borough shared the distribution with the villages. Volume XXIV Page 245 Manager Manninen noted that the villages received a portion of the distribution even if they had an operating cannery facility. VOTE ON MOTION TO ADOPT Ayes: Branson, Heinrichs, Spalinger, Abell, Arndt Noes: Absent: MOTION CARRIED Ordinances for Introduction HEINRICHS, seconded by SPALINGER Regular Assembly Meeting December 3, 1998 None Bonney, Stevens Unanimous 1. Ordinance No. 98 -29 Amending Kodiak Island Borough Code of Ordinances Tile 6 Animals to Require Owner Control of All Dogs. Presented for consideration was Ordinance No. 98 -27 that, if adopted, amended the Code to allow the animal control officer to legally pick up and impound loose dogs. moved to adopt Ordinance No. 98 -29 in first reading to advance to public hearing on December 17, 1998. Assemblymember Heinrichs did not want all dogs in the borough tied up. He hoped for simpler solutions to deal with the life /safety concerns of people who were intimidated or bitten by dogs. He wanted to postpone the ordinance to allow time to discuss the issues with the magistrate, the judge, and the animal control officer. In response to Mayor Stevens, Assemblymember Heinrichs emphasized this was an involved issue that should be postponed to February 4, 1999. ORDINANCES FOR TNTRODUCTION ORDINANCE NO. 98 -29 Volume XXIV Page 246 HEINRICHS, seconded by ARNDT VOTE ON MOTION TO POSTPONE Regular Assembly Meeting December 3, 1998 moved to postpone Ordinance No. 98 -29 to the February 4, 1999 regular meeting. When Assemblymember Heinrichs reiterated his desire to discuss the issue with Judge Hopwood, Magistrate Moran, and animal control officer Cummings, Mayor Stevens asked the clerk to schedule for January work session. Assemblymember Arndt was concerned that the ordinance did not address Borough issues adequately. Assemblymember Branson felt that input on the interpretation of the ordinanee vas important- Ayes: Heinrichs, Spalinger, Abell, Arndt, Branson Noes: None Absent: Bonney, Stevens MOTION CARRIED Unanimous D. OTHER ITEMS 1. Planning and Zoning Commissioner PLANNING AND Resignation. ZONING COMMISSIONER HEINRICHS, moved to accept, with RESIGNATION seconded by BRANSON regret, the resignation of Jerrol Friend from the Planning and Zoning Commission and to direct the clerk to advertise the vacancy per Borough code. Mayor Stevens thanked Mr. Friend for his efforts and time on the Commission. OTHER ITEMS Volume XXIV Page 247 VOTE ON MOTION TO ACCEPT MOTION CARRIED Unanimous voice vote 2. Confirmation of Mayoral Appointments of Assembly Member Representatives to Boards, Committees, Commissions, and Councils. BRANSON, seconded by ARNDT moved to confirm the mayoral appointments of assembly member representatives to Boards, Committees, Commissions, and Councils. Architectural Review Board - Robin Heinrichs Providence Kodiak Island Medical Center Advisory Board - Wayne Stevens Providence Mental Health Center Board - Tuck Bonney Parks & Recreation Committee - Tom Abell Kodiak Island Transportation System (KATS) Wayne Stevens Kodiak College Council (ex- officio) - Pat Branson School District Budget Review Committee - Greg Spalinger School District Strategic Planning Committee - Tuck Bonney School District Community Recognition Committee - Tom Abell School District Facilities Review Committee - Scott Arndt Joint Building Code Review Committee - Robin Heinrichs Economic Development Committee - Gary Stevens Emergency Services Council - Gary Stevens Rocket Launch Facility Advisory Committee - Scott Arndt Planning & Zoning Commission Jan. - Tuck Bonney July - Wayne Stevens Feb. - Scott Arndt August - Tom Abell March - Tuck Bonney Sept. - Pat Branson April - Scott Arndt Oct. - Pat Branson May - Greg Spalinger Nov. - Robin Heinrichs Regular Assembly Meeting December 3, 1998 CONFIRMATION OF MAYORAL APPOINTMENTS OF ASSEMBLY MEMBER REPRESENTATIVES Volume XXIV Page 248 June - Greg Spalinger Dec. - Robin Heinrichs VOTE ON MOTION TO CONFIRM MOTION CARRIED Unanimous voice vote 3. Kodiak Island Borough Assembly Meeting Schedule for 1999. HEINRICHS, seconded by ARNDT HEINRICHS, seconded by ARNDT HEINRICHS, seconded by ABELL Regular Assembly Meeting December 3, 1998 moved to approve the 1999 Assembly meeting schedule. Responding to Assemblymember Arndt, Clerk Smith stated that all dates given by AML were tentative. VOTE ON MOTION TO APPROVE MOTION CARRIED Unanimous voice vote 4. Vacation of a Ten Foot (10') Wide Utility Easement Along the Northern Lot Line of Lot 1, Block 2, Island Vista Subdivision. (1849 Marmot Drive) moved to approve the vacation of a ten foot wide utility easement along the northern lot line of Lot 1, Block 2, Island Vista Subdivision. (1849 Marmot Drive) moved to amend to substitute approving the vacation of that portion of the ten foot utility easement that contains a structural encroachment along the northern lot line of Lot 1, Block 2, Island Vista Subdivision. (1849 Marmot Drive). ASSEMBLY MEETING SCHEDULE FOR 1999 VACATION OF A TEN FOOT WIDE UTILITY EASEMENT (1849 MARMOT DRIVE) Volume XXIV Page 249 Assemblymember Heinrichs said his intent was to only vacate that portion under the structure and leave the remaining utility easement on lot 1 intact. Linda Freed, Community Development Department Director, clarified the options listed in her memo. She stated that the Assembly had some concerns about the impact of vacating the entire ten foot wide easement along the entire northerly lot line. She felt the amendment would protect the easement for utility and property owners while at the same time provide relief to the property owner at 1849 Marmot Drive. She explained that the Planning and Zoning Commission and the utility companies expressed no objection to the entire easement; however, she felt the amendment was a compromise that would relieve the property owner and would not negatively impact the easement should it be needed in the future. At Mayor Stevens' inquiry, Director Freed said it was unlikely that the easement would be needed for water or sewer utilities; however, the easement was adequate if needed. Responding to Mayor Stevens, Mr. Diemer indicated that the amendment was adequate for his needs. In response to Mayor Stevens, Director Freed said the as -built on file indicated the location of the building. Assemblymember Branson thanked staff for offering options and answers to allow Mr. Diemer to proceed with selling his home. Assemblymember Heinrichs felt this was a practical solution that allowed a prompt solution. VOTE ON MOTION TO AMEND Ayes: Spalinger, Abell, Arndt, Branson, Heinrichs Noes: None Regular Assembly Meeting December 3, 1998 Volume XXIV Page 250 Absent: Bonney, Stevens MOTION CARRIED Unanimous VOTE ON MOTION TO APPROVE AS AMENDED Ayes: Abell, Arndt, Branson, Heinrichs, Spalinger Noes: None Absent: Bonney, Stevens MOTION CARRIED Unanimous Mayor Stevens commented that lie would like to f -nd an inexpensive way to abandon or revert an easement back to the property owner. Director Freed stated it would be a simple matter if easements were created by recording a legal description with the court house rather than by plat. She indicated there were specific procedures in place that required a surveyor to redraw a plat, which could be expensive depending on the age of the plat. In response to Mayor Stevens, Director Freed said that under current zoning laws, easements cannot be built on, and she did not feel easements lessened the value of a home. INFORMATIONAL MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Kodiak Island Borough School District Board of Education Regular Meeting of September 28, 1998. 2. Providence Kodiak Island Medical Center Advisory Board Meeting of August 26, 1998. 3. MIS Steering Committee Meeting of October 16, 1998. 4. Planning and Zoning Commission Meeting of September 16, 1998. Regular Assembly Meeting December 3, 1998 INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS Volume XXIV Page 251 B. REPORTS REPORTS 1. Kodiak Island Borough November 1998 Financial Report. 2. Kodiak Island Borough School District September 1998 Financial Report. 3. Providence Kodiak Island Mental Health Center Third quarter Narrative Report. 4. Kodiak Island Borough School District Board of Education Meeting of October 26, 1998 Summary. 5. Kodiak Area Transit System September 1998 Report. C. OTHER ITEMS None. CITIZENS' COMMENTS Mike Milligan telephoned saying well- behaved dogs should be allowed to roam free. If his dog was tied up, it would not bark at the bears; however, if the dog was allowed to roam he would chase the bears away. ASSEMBLYMEMBER ASSEMBLYMEMBER COMMENTS COMMENTS Assemblymember Arndt asked why the Borough paid for animal control for the last six months if no service was provided. He asked for discussion at a future work session. Assemblymember Heinrichs congratulated the student and employee of the month. He recognized Jerrol Friend's service in the Planning and Zoning Commission. When he inquired about an appreciation reception for board and commission members, Mayor Stevens asked the clerk to place that item on a work session agenda for discussion. Assemblymember Branson congratulated Clover Reddekopp as student of the month. She said Clover was instrumental in planning the Thanksgiving dinner that the high school seniors prepare for the senior Regular Assembly Meeting December 3, 1998 OTHER ITEMS CITIZENS' COMMENTS Volume XXIV Page 252 center. She also congratulated Jamie Zurflueh as employee of the month. She commented on the wonderful working relationship with the Coast Guard and their efforts. Assemblymember Spalinger also congratulated Clover and Jamie for their hard work. He appreciated the Coast Guard and their efforts for the community. ANNOUNCEMENTS Mayor Stevens announced that the Assembly would meet in a work session on Thursday, December 10 at 7:30 p.m. in the borough conference room, a work session for a site visit of the Mark Air Building at 2:00 p.m. on Saturday, December 12, a joint assembly /council work session on Tuesday, December 15 at 7:30 p.m. in the Borough conference room with a work session to follow, and a regular meeting on Thursday, December 17 at 7:30 p.m. in the assembly chambers. He reminded everyone of the Mayors Conference on December 4. ADJOURNMENT ADJOURNMENT There being no further business to come before the Assembly, the meeting adjourned at 9:49 p.m. ATTEST: c., 0)14/lei L / <7 Y .( Regular Assembly Meeting December 3, 1998 donna F. Smith, CMC /AAE Borough Clerk 01/21/99 Gaty L. Stevens Mayor ANNOUNCEMENTS Volume XXIV Page 253