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1988-09-15 Regular MeetingA regular meeting of the Kodiak Island Borough Assembly was held September 15, 1988 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:34 p.m. (A verbatim record is on file in the Clerk's office) KODIAK ISLAND BOROUGH Regular Assembly Meeting September 15, 1988 The invocation was given by the Reverend Don McCullough of the Church of the Nazarene, followed by the Pledge of Allegiance. There were present: ROLL CALL Lorne White, Presiding Ann Barker Ken Gregg Wayne Stevens Absent: Alan Austerman (Excused) Jack McFarland (Excused) Tom Merriman (Excused) comprising a quorum of the assembly; and Jerome Selby, Borough Mayor Shirley Berns, Deputy Borough Clerk APPROVAL OF AGENDA STEVENS, moved to approve agenda seconded by BARKER as submitted. WITHOUT OBJECTION, SO ORDERED CONSENT AGENDA APPROVAL OF CONSENT AGENDA The items on the consent agenda were read aloud by the Presiding Officer. STEVENS, moved to approve consent seconded by BARKER agenda. At the request of Assemblyman Stevens, Mayor Selby explained that the twelve resolutions under the consent agenda were adopted by the Southwest Alaska Municipal Conference at their recent meeting in Sand Point. He said the primary purpose for adopting these resolutions was to get them on the AML Agenda in November to pick up state -wide support. VOTE ON MOTION MOTION CARRIED Unanimous voice vote APPROVAL OP MINUTES A. K.I.B. Assembly Regular Meeting of September 1, 1988. This item was previously approved under the "Consent Agenda." CITIZENS' C Wn4TS Mayor Selby proclaimed the week of September 17 -23, 1988 as Constitution Week and urged all Kodiak citizens to pay special attention to our federal constitution and the advantages of American citizenship. Beth Johnson of the Natalia Shelikof Chapter of the Daughters of the American Revolution accepted the proclamation. REGULAR MEETING APPROVAL OF AGENDA APPROVAL OF MINUTES September 15, 1988 Page 139 CITIZENS' COMMENTS Kodiak Island Borough Regular Assembly Meeting John Parker spoke to the section in Ordinance No. 88 -15 -0 which states a disposal fee is to be charged when a zoning compliance is given. He pointed out that a zoning compliance is not a permit to do work and, therefore, does not generate garbage. He questioned theintent of the ordinance and whether it would handle the real problem. He expressed his opinions concerning Ordinance No. 88 -28 -0 on fencing outside storage. Mike Rasmussen addressed the proposed disposal fees in Ordinance No. 88 -15 -0, and the building permit fees charged for plan review and building inspection in Ordinance No. 88 -18 -0. He spoke regarding the storage of materials on business property and felt the primary problem that needed to be addressed was the storage of business goods and materials on residential property. Scott Arndt concurred with the opinions expressed regarding disposal fees on zoning compliance permits in Ordinance No. 88 -15 -0. He opposed bringing the borough building codes in line with the city of Kodiak's building code in Ordinance No. 88 -18 -0. He said he would like to see the section prohibiting the use of unstamped spruce lumber eliminated because such a restriction added cost to projects. He thought if confusion was being created by having two building codes then perhaps the borough should do their own building inspection. He also spoke to the requirement for I.C.B.0. plan review on commercial buildings and felt it would be an excessive requirement. He opposed the adoption of Ordinance No. 88 -28 -0 on outdoor storage. Robin Heinrich spoke on Ordinance No. 88 -18 -0 and pointed out the plan review fee in section 7, number 2 was the same fee which was referred to in 15.04.035. He suggested this point be clarified. Scott Thompson spoke on Ordinance No. 88 -18 -0. He said it was his understanding that when the city of Kodiak took over building inspection in the borough, it would be more efficient. He said he did not see any efficiency in the ordinance and suggested the borough return to doing their own inspection. John Parker complimented Ron Chase of the Facilities Department on the way he was conducting the inspection of new construction. He felt in the long run the borough would have the most trouble free buildings ever constructed as a result of Ron's inspection. He pointed out in building the campground at Gibson Cove, the city of Kodiak had failed to meet handicap qualifications. He thought the borough should withhold their payment until the city met the code requirements. COMMITTEE REPORTS Horace Simmons, member of the Bayside Fire District Advisory Board, requested the assembly to reject all bids and to readvertise the sprinkler system for the Bayside Fire Station. He felt the advertising procedure for the sprinkler system was flawed and resulted in only one bidder being eligible to bid. The bid came in fifty percent higher than contractor estimate, he said. At the request of Assemblymember Barker, he explained why he felt advertising on the bid was flawed. Scott Arndt, member of the Bayside Fire District Advisory Board, concurred with Mr. Simmons' comments on the bid and explained his reasnns_ Mike Anderson, Planning and Zoning Commissioner, stated he was present to answer any questions the assembly might have on P &Z matters. Mike Anderson also addressed the mandatory prebid conference requirement. He thought a prebid conference was a good idea, however, he did not think the conference should be "mandatory" nor a bidder be excluded because of tardiness. September 15, 1988 CITIZENS' COMMENTS COMMITTEE REPORTS Page 140 Kodiak Island Borough Regular Assembly Meeting PUBLIC HEARING None MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on a teleconference between the Kodiak Island Borough, Chignik Bay, Bristol Bay Native Corporation and the Lake and Peninsula School District concerning the annexation petition on the Shelikof Strait and some of the Alaska Peninsula. He said there was a discussion concerning a petition from the Lake and Peninsula School District area for creating a borough which would run from Lake Iliamna down the Alaska Peninsula to the boundary of the new Aleutians East Borough. He reported on the Kodiak Island Transportation Committee meeting which was held with the Department of Transportation. He said there was a representative from the Corps of Engineers in attendance, and the plan for the development of city of Kodiak's breakwater was discussed. He also added the resurfacing of Kodiak airport runway 725 had been awarded and would be completed next June. The presiding officer called for a five minute recess. The presiding officer reconvened the assembly. OLD BUSINESS A. Ordinance No. 88 -15 -0 Establishing Fees For Disposal Of ORDINANCE Refuse From Construction Activities. NO. 88 -15 -0 GREGG, moved to remove from table seconded by STEVENS Ordinance No. 88 -15 -0. VOTE ON MOTION Ayes: Gregg, Stevens, White Noes: Barker MOTION FAILED 3 Ayes, 1 No B. Ordinance No. 88 -18 -0 Amending Title 15 - Buildings and ORDINANCE Construction. NO. 88 -18 -0 STEVENS, moved to remove from table seconded by GREGG Ordinance No. 88 -18 -0. VOTE ON MOTION Ayes: Barker, Gregg, Stevens, White Noes: None MOTION CARRIED Unanimous GREGG, moved to amend by substi- seconded by STEVENS tution Ordinance No. 88 -18 -0. At the request of Assemblyman Stevens, Mayor Selby to clarify the changes in the amended ordinance. VOTE ON MOTION TO AMEND BY SUBSTITUTION Ayes: Gregg, Stevens, Barker, White None Unanimous Noes: MOTION CARRIED September 15, 1988 PUBLIC HEARING MESSAGES FROM MAYOR OLD BUSINESS Page 141 Kodiak Island Borough Regular Assembly Meeting GREGG, seconded by STEVENS VOTE ON MOTION TO AMEND Ayes: Stevens, Barker, Gregg, White Noes: MOTION CARRIED GREGG, seconded by STEVENS VOTE ON MOTION TO AMEND Ayes: None Noes: None VOTE ON MOTION TO TABLE Ayes: Noes: None September 15, 1988 moved to amend to add a OLD BUSINESS sentence to 15.04.035(B) to read "Plan review ORDINANCE fees will not exceed 65 NO. 88 -18 -0 percent of the building (continued) permit fee." and delete Section 7(2). Unanimous moved to amend Ordinance No. 88 -18 -0 to delete Section 8. Assemblyman Gregg explained Section 8 dealt with eliminating the use of ungraded lumber in construction. He said his amendment would allow the use of ungraded lumber in the borough, but pointed out that this use could jeopardize the memorandum of agreement with the city. A discussion followed between the assemblymembers and the mayor. Barker, Gregg, Stevens, White MOTION CARRIED Unanimous Assemblyman Gregg voiced uncertainty about adopting the ordinance without receiving more input as to the extent the assembly had addressed the citizens' concerns regarding fees, etc. He noted that if he voted "No," the ordinance would be defeated because an unanimous vote is required when three assemblymembers are absent. He proposed the ordinance be tabled to a public hearing at the next meeting. Further discussion was held between the assemblymembers. STEVENS, seconded by BARKER move to table Ordinance No. 88 -18 -0 to October 6 Public Hearing. Gregg, Stevens, Barker, White MOTION CARRIED Unanimous C. Ordinance No. 88 -28 -0 Revising Section 17.21.050 of the Kodiak Island Borough Code Business District As It Relates To Outdoor Storage. STEVENS, moved to remove from table seconded by BARKER Ordinance No. 88 -28 -0. ORDINANCE NO. 88 -28 -0 Page 142 Kodiak Island Borough Regular Assembly Meeting VOTE ON MOTION ORDINANCE NO. 88 -28 -0 Ayes: Stevens, Barker, Gregg, (continued) White Noes: None MOTION CARRIED Unanimous Assemblyman Gregg said the problem had been discussed with the Planning and Zoning Commission and staff. The decision was made that the problem could be addressed by using the present codes without adopting this ordinance, he stated. Mayor Selby explained that based on discussion with the assembly at the last work session, there would be additional publicity noting the Kodiak Island Borough would be enforcing borough codes more aggressively. During the next six months, he said, those businesses that have open storage which is deemed offensive will be contact directly and notified that they would be receiving notice of code violation at the end of this timeframe. This six month period will give businesses time to correct the problem, he said. VOTE ON MOTION TO ADOPT IN FIRST READING Ayes: None Noes: Barker, Gregg, Stevens, White MOTION FAILED NEW BUSINESS A. BID AWARDS 1. Bulldozer for Landfill BARKER, seconded by STEVENS VOTE ON MOTION Noes: None Unanimous MOTION CARRIED Unanimous STEVENS, seconded by GREGG moved to award purchase of a used Caterpillar tractor NC Machinery Company in an amount NTE $128,500. At the request of the presiding officer, Mayor Selby explained this purchase was for a used DE7G Caterpillar with a ripper and a blade to be used at the landfill. He said the tractor was presently in the city of Turlock, California. He added the city of Turlock's mechanic had inspected the tractor and said it was a good solid machine. Ayes: Gregg, Stevens, Barker, White 2. Sprinkler System for Bayside Fire Station SPRINKLER SYSTEM FOR BAYSIDE FIRE STATION moved to award sprinkler system for Bayside Fire Station to Wormald Fire Systems in an amount NTE $28,000. Assemblyman Stevens pointed out that the original bid was for $33,919 and had been negotiated down to $28,000. He asked for an explanation of the funding for this project. NEW BUSINESS BID AWARDS PURCHASE OF BULLDOZER September 15, 1988 Page 143 Kodiak Island Borough Regular Assembly Meeting Mayor Selby explained there was $20,000 available for this project. Ten thousand dollars came from Fire Service District 41 and $10,000 came from the Kodiak Island Borough. He recommended the bid be rejected. He said some amendments could be made, and if the assembly and Fire Service District could each come up with an additional $5,000, the project would be rebid. VOTE ON MOTION Ayes: Noes: None MOTION FAILED Unanimous Assemblyman Stevens gave the reason for the rejection of the bid as inadequate funding for the project as presented. 3. New Automobile purchase NEW AUTOMOBILE PURCHASE BARKER, seconded by STEVENS VOTE ON MOTION Noes: MOTION CARRIED B. RESOLUTIONS Stevens, Barker, Gregg, White moved to award purchase of 1989 Chevrolet Celebrity Sedan to Sweeney Motors in an amount NTE $11,874. Ayes: Barker, Gregg, Stevens, White None Unanimous SPRINKLER SYSTEM FOR BAYSIDE FIRE STATION (continued) RESOLUTIONS 1. Resolution No. 88 -54 -R Requesting The Amendment And RESOLUTION Extension Of AS 43.75.032 Which Authorizes State NO. 88 -54 -R Fisheries Business Tax Credits To Fish Processors. This item was previously approved under the "Consent Agenda." 2. Resolution No. 88 -55 -R Urging The Legislature To Pass A RESOLUTION Supplemental Appropriation For Full Funding Of The Raw NO. 88 -55 -R Fish Tax Program. STEVENS, moved to adopt Resolution seconded by GREGG No. 88 -55 -R. Assemblyman Stevens read the resolution for the audience. Mayor Selby explained the method used by the state of Alaska to fund the raw fish tax appropriation to municipalities. VOTE ON MOTION TO ADOPT MOTION CARRIED Unanimous voice vote The following resolutions were previously approved under the "Consent Agenda." 3. Resolution No. 88 -56 -R Concerning Observers On Crab Catcher - Processors. RESOLUTION NO. 88 -56 -R 4. Resolution No. 88 -57 -R Supporting Increased Funding For RESOLUTION National Marine Fisheries Service. NO. 88 -57 -R 5. Resolution No. 88 -58 -R Requesting State Action To RESOLUTION Guarantee The Full Award Of Fisheries Business Tax NO. 88 -58 -R Revenues Due To Municipalities. 6. Resolution No. 88 -59 -R Supporting Increased State RESOLUTION Funding For Municipal Police Departments. NO. 88 -59 -R September 15, 1988 Page 144 Kodiak Island Borough Regular Assembly Meeting The following resolutions were previously approved under the "Consent Agenda." 7. Resolution No. 88 -60 -R Urging Careful Consideration Of The Concept Of A Community Development Quota Allocation In Alaska's Bottomfishery. 8. Resolution No. 88 -61 -R Urging A Prohibition On Roe Stripping. 9. Resolution No. 88 -62 -R Supporting Coast Guard Funding. 10. Resolution No. 88 -63 -R Urging A Joint State - Federal Data Base For Fisheries. 11. Resolution No. 88 -64 -R Supporting State Funding For Observers Aboard Commercial Fishing Vessels. 12. Resolution No. 88 -65 -R Supporting The Negotiated Agreement Concerning The Marine Mammal Protection Act. 13. Resolution No. 88 -66 -R Supporting Full Funding For Construction Of The Fishery Industrial Technology Center Buildings. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 88 -29 -0 Amending The K.I.B. Personnel Rules And Regulations Regarding Probation Period And Temporary Hire /Temporary Assignment. This item was previously approved in first reading under the "Consent Agenda." D. OTHER ITEMS 1. Approval of Election Workers. This item was previously approved under the "Consent Agenda." 2. Authorization Of Moving Expenses For Clinical Staff. STEVENS, seconded by BARKER VOTE ON MOTION Noes: None MOTION CARRIED Unanimous moved to authorize up to one month's salary for moving expenses for each of the three Mental Health positions. Assemblyman Stevens stated that in order to attract competent qualified clinicians to Kodiak, additional assistance was required to move them here. He said the Mental Health Center budget does have an adequate level of funding to accommodate these moving expenses because the positions were funded for a full year and some of the positions are vacant. He pointed out there would be no additional funds needed. Mayor Selby commented that the assembly should begin thinking about the salaries being offered because a pattern was being established that the Kodiak Island Borough does not offer competitive salaries. He gave examples to support this statement. Ayes: Gregg, Stevens, Barker, White RESOLUTIONS RESOLUTION NO. 88 -60 -R RESOLUTION NO. 88 -61 -R RESOLUTION NO. 88 -62 -R RESOLUTION NO. 88 -63 -R RESOLUTION NO. 88 -64 -R RESOLUTION NO. 88 -65 -R RESOLUTION NO. 88 -66 -R ORDINANCES FOR INTRODUCTION ORDINANCE NO. 88 -29 -0 OTHER ITEMS September 15, 1988 Page 145 APPROVAL OF ELECTION WORKERS AUTHORIZATION OF MOVING EXPENSES FOR CLINICAL STAFF Kodiak Island Borough Regular Assembly Meeting 3. Change Order - Port Lions School CHANGE ORDER PORT LIONS SCHOOL GREGG, moved to approve Change seconded by BARKER Order for Port Lions School NTE $15,780. Mayor Selby explained the items in the change order. VOTE ON MOTION Ayes: Stevens, Barker, Gregg, White Noes: None MOTION CARRIED Unanimous 4. Change Order - High School Remodel CHANGE ORDER HIGH SCHOOL REMODEL BARKER, moved to approve Change seconded by STEVENS Order for High School Remodel NTE $19,789. In response to a question from Assemblymember Barker, Mayor Selby explained the funding of change orders on the high school remodel project. He said there was money left in the contingency fund to take care of extra items. He said there was one additional item for $372 that needed to be added to this change order. He answered questions from Assemblymember Barker about the noise in the shop area and explained the items in the change order. STEVENS, seconded by BARKER VOTE ON MOTION TO ADOPT Noes: None MOTION CARRIED Unanimous INFORMATIONAL MATERIALS (No action required) A. MINUTES OF OTHER MEETINGS B. REPORTS None September 15, 1988 moved to amend to add Item 11 to Change Order Number 6 to install rain drain pipes from the soffits to the exterior in the amount of $372. VOTE ON MOTION TO AMEND MOTION CARRIED Unanimous voice vote Ayes: Barker, Gregg, Stevens, White INFORMATIONAL MATERIALS MINUTES OF OTHER 1. K.I.B. Personnel Advisory Board Regular Meeting of MEETINGS July 11, 1988. 2. K.I.B. School District Special Meeting of August 22, 1988. 1. K.I.H. School District Financial Report for June, and July, 1988. 2. K.I.B. Financial Report for August, 1988. C. OTHER REPORTS OTHER Page 146 Kodiak Island Borough Regular Assembly Meeting CITIZENS' COMMENTS CITIZENS' COMMENTS John Parker spoke on several subjects including the reasons for the need to preserve the bear logo from the high school gym floor; the borough's right to reject bids; moving expenses for borough employees; purchase of used equipment; the possible need for a shop and mechanic to maintain borough equipment; and the cost of operating the landfill. He felt the borough was taking a "band aid" approach to a number of problems which were being solved today, but would require more attention at a future date because the "band aid" had covered the underlying problem. Mike Rasmussen expressed his opinions about the direction the borough government was taking with regard to spending money to study the feasibility of taking over the management of the airport complex, the borough operation of the landfill, the purchase of heavy equipment, and the deposit for water and sewer hookup. Scott Thompson told of his experience in connecting his newly constructed home to Service District #1 sewer and water lines. He felt the borough was inconsistent about who was charged a hookup connection deposit and requested his deposit be returned to him. Also, he mentioned an issue that came up during a Planning and Zoning Commission meeting, and he said he did not want to get "jacked" around about it. He said that he expected the assembly to listen to the tapes of the August P&Z meeting and draw their own conclusions. Scott Arndt felt the assembly had not heard the recommendations of the Review Committee on amending Title 15 - Buildings and Construction. He said the committee did not agree with the fee schedule. He thought the whole problem started with the govern- ment recommending more regulation. He said the issue was to make the borough and city's codes similar irregardless of the cost and additional paperwork. He gave an example of the additional costs involved on one of his building projects. He suggested that the assembly look into an option where an owner could hire a private engineer to do the inspection so someone would be responsible. He questioned where the money came from to purchase the used bulldozer. ASSEMBLYMEN'S COMMENTS ASSEMBLYMEN'S COMMENTS No assemblymen's comments Presiding officer White announced there would be a joint assembly/ city work session on Tuesday, September 20; no assembly work session on Thursday, September 22; joint assembly /school board work session on Thursday, September 29; and the next regular assembly meeting will be held on Thursday, October 6. ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 10:07 p.m. ATTEST: Borough Ld _ siding Officer ADJOURNMENT September 15, 1988 Page 147