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1989-02-02 Regular MeetingKODIAK ISLAND BOROUGH Regular Assembly Meeting February 2, 1989 A regular meeting of the Kodiak Island Borough Assembly was held February 2, 1989, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:33 p.m. (A verbatim record is on file in the Clerk's office) The invocation was given by the Reverend Gary Oliver of the Community Baptist Church followed by the Pledge of Allegiance. There were present: Lorne White, Presiding Ann Barker John Parker Absent: Tom Merriman (Excused) comprising a quorum of the assembly; and Linda Freed, Acting Borough Mayor Shirley Berns, Deputy Borough Clerk APPROVAL OF AGENDA Alan Austerman Jack McFarland Wayne Stevens STEVENS, seconded by BARKER moved to approve agenda as submitted. WITHOUT OBJECTION, SO ORDERED MIMI"! AGENDA The items on the consent agenda were read aloud by Assemblyman Parker. PARKER, seconded by STEVENS moved to approve consent agenda. MOTION CARRIED Unanimous Voice Vote APPROVAL Or MIMIES A. K.I.B. Assembly Regular Meeting of January 19, 1989. This item was previously approved under the "Consent Agenda." CITIFAE' COMMIS Acting Mayor Freed stated the Employee of the Month for February was Martin Lydick, Appraiser in the Assessing Department. Mr. Lydick was unable to attend the meeting to receive his award due to a prior commitment, she added. James J. Feeney, representative from the accounting firm of Price Waterhouse, alerted the assembly that he was present to answer any questions which might arise about Price Waterhouse's proposal to conduct the borough audit. Jim Fisk expressed his views on the way the bidding for the landfill procurement material contract had been handled. He felt the bidding procedure was poorly planned, advertised, and administered. He requested the contract be rewritten and put out for bid again. Also, he suggested the possibility of allowing property to be used in lieu of a bid bond due to the difficulty of obtaining a bid bond in Alaska. He added that the project manager for Felton Construction concurred with his statements but was not able to testify due to illness. February 2, 1989 KIBS103799 APPROVAL OF CONSENT AGENDA APPROVAL OF MINUTES CITIZENS' COMMENTS Page 15 REGULAR MEETING ROLL CALL APPROVAL OF AGENDA Kodiak Island Borough Regular Assembly Meeting COMMITTEE REPORTS COMMITTEE REPORTS Assemblyman Austerman, representative to the K.I.B. School Budget Review Committee, brought the assemblymembers up to date on the proposed FY90 school budget. He explained a budget handout which he had distributed earlier and said that he hoped it would give the assembly a better understanding of the school budget. Assemblymember Barker said she had been asked to sit in on the hospital employees' negotiations. She asked to have Don Wee, K.I.B. Hospital administrator, attend the February 9 work session to explain the insurance problems which were confronting the hospital employees. She said all the insurance rates had doubled creating an impact on the employees. Tom Bendel, Planning and Zoning Commission representative, informed the assembly that he was present to answer any questions regarding the ordinances. He said the Commission was at full strength and they were working on rewriting the zoning code, updating the comprehensive plan, and also working on a areawide drainage plan. PUBLIC HERRING PUBLIC HEARING A. Ordinance No. 89 -02 -0 Amending K.I.B. Code 15.36.010, Building ORDINANCE Code Board of Appeals, Composition. NO. 89 - 02 - PARKER, moved to adopt Ordinance seconded by STEVENS No. 89 -02 -0. The presiding officer called for public testimony; there being none, the assembly was reconvened. Assemblyman Stevens explained the changes in the Building Code Board of Appeals rectified a technical glitch in the composition between the Architectural Review Board and the Building Code Board of Appeals. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED nEssa $8 FROM TEE BOROUGH llATOE Austerman, Barker, McFarland, Parker, Stevens, white None Unanimous Acting Mayor Freed congratulated Jennifer Langan for winning the local Veterans of Foreign Wars' 42nd Annual Voice of Democracy contest and presented her with a Certificate of Commendation in recognition of demonstrated excellence. Also, she congratulated Aaron Mahoney who was the second place winner in the VFW Voice of Democracy contest and presented him with a certificate of Commendation. She said Aaron had been selected to represent Kodiak High School at the Presidential Classroom which was a week long program designed to teach tomorrow's leaders how our government works. Acting Mayor Freed proclaimed 1989 as "Voice of Democracy Year" and commended the Veterans of Foreign Wars and the Ladies Auxiliary for their sponsorship of the 42nd annual Voice of Democracy Program and called on 10th, llth, and 12th grade students in our schools to think, write and speak up for freedom and to address the theme, "Why I'm Proud To Be An American." Walter Sapp accepted the proclamation for the Veterans of Foreign Wars. February 2, 1989 Page 16 KIBS10 MESSAGES FROM MAYOR Kodiak Island Borough Regular Assembly Meeting 010 BUSINESS PARKER, seconded by BARKER Felton Constructi VOTE ON MOTION MOTION CARRIED NAN BUS IIffiSS BID AWARDS 1. Landfill Mate AUSTERMAN, seconded by MCFARLAND VOTE ON MOTION TO ADOPT Ayes: Noes: AUSTERMAN, seconded by MCFARLAND RESOLUTIONS Appeal - Findings of Fact moved to place Findings of Fact - Felton Construction Appeal on the agenda for the February 16, 1989 K.I.B. assembly meeting. Unanimous Voice Vote al Procurement Contract Award. VOTE ON MOTION MOTION CARRIED Unanimous moved to award Landfill Material Procurement Contract to Brechan Enterprises in an amount NTE $72,430. Assemblyman Austerman explained the bid came in above the estimate and the mayor had attempted to negotiate the price down. The Mayor successfully negotiated the contract down to $72,430 by deleting several items, however, he said he would vote against the contract award. Assemblyman Parker also declared that he would vote against awarding the contract. He thought there was one of two major problems involved, namely the engineering work which was done was not in comparison with the amount that had to be done, or the information provided to the contractor was not adequate. Acting Mayor Freed relayed Mayor Selby's recommendation that the contract award be defeated and his suggestion that the staff be asked to rebid the contract. Assemblyman McFarland concurred with Assemblyman Austerman. None MOTION FAILED Unanimous Barker, McFarland, Parker, Stevens, Austerman, White moved to direct staff to prepare a new contract for bid. 1. Resolution No. 89 -04 -R Awarding A Grant to The Kodiak Regional Aquaculture Association For The Karluk Lake Fertilization Project. Presiding Officer White indicated that he could perceive an indirect conflict of interest so he passed the gavel to Assemblymember Barker. STEVENS, moved to adopt Resolution seconded by MCFARLAND No. 89 -04 -R. February 2, 1989 KIBS103801 OLD BUSINESS FELTON CONSTRUCTION APPEAL- FINDINGS OF FACT NEW BUSINESS BID AWARDS LANDFILL MATERIAL PROCUREMENT CONTRAC AWARD RESOLUTIONS RESOLUTION N0. B9 -04 -R Page 17 Kodiak Island Borough Regular Assembly Meeting At Presiding Officer Barker's request, Oliver Holm, president of RESOLUTIONS the Kodiak Regional Aquaculture Association, said that KRAA had been administering the fertilization project for two years and RESOLUTION explained the process. He said KRAA did not have money to fund NO. 89 -04 -R the project this year, but money would be available in the future. (continued Assemblyman McFarland stated that he was reassured to hear that the Aquaculture Association would fund the project as soon as the two percent money was made available to them. Assemblyman Stevens pointed out that initially the project was financed by the state but for the past two or three years the Kodiak Island Borough had financed the project. He said the assembly felt strongly about fertilizing Karluk Lake to increase salmon production and added this investment in a small economic project should pay great dividends over a long period of time if the Karluk River salmon production returned to its former level. VOTE ON MOTION TO ADOPT Ayes: McFarland, Parker, Stevens, Austerman, Barker Noes: None Abstain: White MOTION CARRIED 5 Ayes, 1 Abstention Presiding Officer Barker returned the gavel to Assemblyman White. Resolution No. 89 -05 -R Authorizing The Disposal Of RESOLUTION Interest In Proposed Lot K -1, U.S. Survey 1396 and 3468 NO. 89 -05 -R To The City Of Kodiak For Airport Purposes. PARKER, moved to adopt Resolution seconded by STEVENS No. 89 -05 -R. Assemblyman Stevens asked Deputy Mayor Freed to explain the transfer of interests in these lots. Acting Mayor Freed responded the resolution would allow property, namely Lily Lake, which is in joint ownership to be transferred to total ownership by the city of Kodiak since they have management responsibility for the float plane base and the municipal gravel air strip. VOTE ON MOTION TO ADOPT Ayes: Parker, Stevens, Austerman, Barker, McFarland, White None Unanimous Noes: MOTION CARRIED C. ORDINANCES FOR INTRODUCTION KIBS103802 Ordinance No. 89 -03-0 Rezoning Lot 1A, Block 1, Tract M, And Tracts S- 4A -lA, 5- 4A -18, S- 4A -1C, And S -4A -2, U.S. Survey 3218 FROM I-- Industrial TO B-- Business. (Commonly known as the Buggy Banya And Safeway Store; 2597, 2645, and 2675 Mill Bay Road - Mill Bay Plaza Association and Alagnak, Inc.) • This item was previously approved in first reading under the "Consent Agenda." February 2, 1989 Page 18 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 89 -03 -0 moved to adopt Ordinance No. 89 -04_0 in first reading. Deputy Mayor Freed explained this ordinance would implement a new zoning district in the borough code. The purpose of the ordinance was to provide the regulations for the zoning district. Further, she explained the purpose of this zoning district was to protect the natural environment, including wildlife habitat and water quality and quantity, while providing for the human use of fish, wildlife, and plant resources. She said the Natural use Zoning District was also designed to protect trails on lands; protect waterways and their banks; and discourage development ublic Pment by prohibiting the construction of most structures in this zoning district. Deputy Mayor Freed added that the Planning and Zoning have some additional recommendations for changes for this district, 9 Commission recommendation will be made to the tassembl ges in section 17, 15.090. The hearing, she noted. Y prior to the Public Assemblyman Parker ordinance bynaiold that the majority the work on the spenthmany by a volunteer group from Womens Bay who had putting together a very comprehensive plan. He 9 they deserved recognition for their efforts. VOTE ON MOTION TO ADOPT Ayes: Noes: MOTION CARRIED BARKER, Ayes: Kodiak Island Borough Regular Assembly Meeting 2. Ordinance No. 89 -04 -0 Creating Chapter 17.15 Natural Use Zoning District. STEVENS, seconded by BARKER Unanimous Ordinance No. 89 -05-0 Rezoning All Lands Lying Westerly Of Bella Flats And Russian Creek Alaska Subdivisions And Easterly Of The Womens Bay Drainage Boundary And Southerly Of Sargent Creek And Northerly Of Russian Creek; An Area Containing A pproximately Six Thousand (6,000) Acres FROM C-- Conservation TO NU Natural Use. seconded by MCFARLANp moved to adopt Ordinance No. 8 9 -05-0 in first reading. Assemblyman Parker area were o o out that several land owners pposed to this ordinance. in this VOTE ON MOTION TO ADOPT Noes: None Stevens, Austerman, Barker, McFarland, Parker, White None Aueterman, Barker, McFarland, Parker, Stevens, White MOTION CARRIED Unanimous 4 . Ordinance No. 89 -06-0 Determining The Disposition of Tax Foreclosed Properties. This item was previously approved in first reading under the "Consent Agenda." February 2, 1989 KIBS103803 Page 19 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 8 9 -04 -o ORDINANCE N0. 89 -05 -0 ORDINANCE NO. 89 -06-0 Kodiak Island Borough Regular Assembly Meeting This item was previously approved in first reading under the "Consent Agenda." D. OTHER ITEMS 1. Selection of Auditor for FY89 -91. moved to select the firm of Price Waterhouse as FY89 -91 auditors. STEVENS, seconded by BARKER Ordinance No. 89 -07 -0 Amending The Personnel Rules And Regulations By Adding Section 613, Special Projects Appointments. Presiding Officer White requested Deputy Mayor Freed to explain the request of proposals. Deputy Mayor Freed said the RFP included not only the price but also the quality of the proposal. She stated there were four proposal submitted and the current borough auditor, Ernst Whinney submitted only a letter. Assemblyman Stevens commented that he had spoken to Roy Deebel, finance director for the city of Kodiak, who stated the city had a good working relationship with Price Waterhouse who was their auditor. He said their reports were delivered on time and met their criteria. Presiding Officer White stated he would vote against the motion because the selection passed over the lowest bidder, Peat Marwick, who had served as borough's auditors in the past. VOTE ON MOTION TO ADOPT Ayes: Barker, McFarland, Parker, Stevens, Austerman Noes: White MOTION CARRIED 5 Ayes, 1 No INPORMATIO AL MISRIALS (NO action required) MINUTES OF OTHER MEETINGS REPORTS - OTHER None CITIZ61i6' Mein None February 2, 1989 Monashka Bay Road District Regular Meeting of October 28, 1988. Architectural Review Board Regular Meetings of December 14, 1988 and January 11, 1989. K.I.B. Building Code Board Of Appeal Meeting of December 20, 1988. K.I.B. Planning and Zoning Commission Regular Meeting of December 20, 1988. K.I.B. Personnel Advisory Board Regular Meeting of January 9, 1989 and Special Meeting of January 18, 1989. K.I.B. School District Financial Report for December, 1988. KIBS103 ORDINANCES FOR INTRODUCTION ORDINANCE NO. 89 -07 -C OTHER ITEMS SELECTION OF AuorrCr FOR FY89 -91 INFORMATIONAL MATERIALS MINUTES OF OTHER MEETINGS REPORTS OTHER CITIZENS' COMMENTS Page 20 Kodiak Island Borough Regular Assembly Meeting ASSEMBLYMEN'S Cdtt ITS ASSEMBLYMEN'S COMMENTS Assemblyman Austerman advised there was an opening on the University of Alaska's Board of Regents and the Governor would be selecting a new board member. He said there were two people from Kodiak who have sent in their letters of application for the board. He reminded the assembly of the conflict which occurred last year over who should be on the board from Kodiak. He recommended the assembly send the Governor a resolution supporting an appointment from Kodiak rather than listing names. AUSTERMAN, moved to direct staff to LETTER SUPPORTING seconded by STEVENS write to the governor KODIAK RESIDENT ON VOTE ON MOTION TO ADOPT MOTION CARRIED Unanimous Voice Vote Assemblyman Parker thanked the volunteers at the Bayside Fire Department as well as Chief Smith, the staff from Kodiak Fire Department, the State Troopers, and the city of Kodiak personnel for their efforts in fighting the Dean trailer house fire house in Naughton's Trailer Court. He said he Lived approximately one half mile away, and the flames were well above the trees and the heat was intense in his front yard. He said it took a lot of courage and a lot of work on behalf of the volunteers, and he thought they should be commended for the job that they did. He added there was no loss of life and said while property damage was extensive, it was contained to the residence and adjacent buildings. He asserted that without prompt action, the borough very easily could have had their own version of the Chicago fire. He noted the weather wasn't exactly amenable to fire fighting. Assemblyman Stevens questioned the Deputy Mayor about the recent problems with the Port Lions and Larsen Bay schools' sprinkler systems. He asked if the sprinkler systems were in the additions which recently completed and if they were, was there a problem with the installation or mechanical engineering whereby the borough might be able to collect damages. Deputy Mayor Freed said she did not have that information, but she assured Assemblyman Stevens that she would get back to him with an answer. Presiding Officer White announced a work session was scheduled for Saturday, February 25, 1989 at 9:00 a.m. to set goals for the assembly. Also, a work session was scheduled for Thursday, February 9, 1989 at 7:30 p.m; and the next regular meeting would be held on Thursday, February 16, 1989 at 7:30 p.m. Presiding Officer White expressed concern over three separate sprinkler systems malfunctioning during the recent cold spell and thought the Architectural Review Board should review the problem before the same problem occurred in other schools. AATOOIINNI2IT ADJOURNMENT There being no further business to come before the assembly, the meeting adjourned at 8:36 p.m. ATTEST: Borough Lk February 2, 1989 K supporting the selection of U OF A BOARD OF a Kodiak Resident to fill REGENTS any vacant seats on the University of Alaska Board of Regents. /Y/ . /7 /s /l Oir Presiding Officer Page 21