1989-02-02 Regular MeetingRODIAR ISLAM BORDO($
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
Borough Building, 710 Mi11 Island
Order Bay Road. The meeting was called to
office)) ];33 p.m. (A verbatim record is on file in the Clerk's
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 Alan AU Sterman
John Parker Jack McFarland
Wayne Stevens
Absent:
Tom Merriman (Excused)
comprising a quorum of the assembly; and
Linda Freed, Acting Borough Mayor
Shirley Berns, Deputy Borough Clerk
APPROVAL OF AGES
STEVENS,
seconded by BARKER moved to approve agenda as
submitted.
WITHOUT OBJECTION, SO ORDERED
The items on the consent agenda were read
Parker. aloud by Assemblyman
PARKER,
seconded by STEVENS moved to approve consent
agenda.
MOTION CARRIED
Unanimous Voice Vote
APPROVAL OP OIROSBR
A. K.I.B. Assembly Regular Meeting of January 19, 1989.
This item was previously approved under the "Consent Agenda."
CISIERRg'
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.
Jsmes J. Feeney, representative from the accounting firm of Price
Waterhouae, alerted the assembly that he was present to answer
any questions which might arise about price Waterhouse'.
to conduct the borough audit. proposal
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. Alan, 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 hiswas not able to testify due to illness. statements but
February 2, 1989
KIBS103799
REGULAR MEETING
ROLL CALL
APPROVAL OF AGENDA
APPROVAL OF CONSENT
AGENDA
APPROVAL OF
MINUTES
CITIZENS' COMMENTS
Page 15
Kodiak Island Borough
Regular Assembly Meeting
Assemblyman Austeruwn, 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 Handel, 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.
POBLIC BBARIWD
COMMITTEE REPORT'
PUBLIC HEARING
A. Ordinance No. 89-02-0 Amending K.I.B. Code 15.36.010, Building ORDINANCE
Code Board of Appeals, Composition. NO. 89-02-0
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: Austerman, Barker,
McFarland, Parker, Stevens,
White
Noes: None
MOTION CARRIED 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, 11th, 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 Ware.
February 2, 1989
KIBSIO3900
MESSAGES FROM MAYOR
Page 16
Kodiak Island Borough
Regular Assembly Meeting
OLD BUSIPBSSS
OLD BUSINESS
1. Felton Construction Appeal - Findings of Fact
FELTCN CONSTRUCTION
PARKER,
moved to place Findings of
APPEAL -FINDINGS OF
seconded by BARKER Fact - Felton Construction
FACT
Appeal on the agenda for
the February 16, 1989 K.I.B.
assembly meeting.
VOTE ON MOTION
MOTION CARRIED Unanimous Voice Vote
NEW BUSINESS
NEW BUSINESS
A. BID AWARDS
BID AWARDS
1. Landfill Material Procurement Contract Award.
LANDFILL MATERIAL
ANSTERMAN, moved to award Landfill
PROCUREMENT CONTRAC
seconded by MCFARLAND Material Procurement
AWARD
Contract to Brechan
Enterprises in an amount
NTE $72,430.
Assemblyman Austerman explained the bid came in above ahs
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 rabid the contract.
Assemblyman McFarland concurred with Assemblyman Austerman.
VOTE ON NOTION TO A,,n
Ayes: None
Noes: Barker, McFarland, Parker,
Stevens, Austerman, White
MOTION FAILED Unanimous
AUSTERMAN, moved to direct staff to
seconded by MCFARLAND prepare a new contract for
bid.
VOTE ON MOTION
MOTION CARRIED Unanimous
B. RESOLUTIONS
RESOLUTIONS
1. Resolution No. 89-04-R Awarding A Grant to The Kodiak
RESOLUTION
Regional Aquaculture Association For The Karluk Lake
N0. 89-04-R
Fertilization Project.
Presiding officer White indicated that he could perceive an
indirect conflict of interest so he passed the gavel to
Assemblymember Barker.
STEVENS,
semoved to adopt Resolution
seconded by MCPARLAND
No. 89-04-9.
February 2, 1989
Page 17
KIBS103801
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.
RESOLUTION
Assemblyman Stevens pointed out that initially the project was
NO. 89-05-R
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,
Austemman, Barker
Noes: Norte
Abstain: White
MOTION CARRIED 5 Ayes, 1 Abstention
Presiding Officer Barker returned the gavel to Assemblyman White.
2. 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
Noes: None
MOTION CARRIED Unanimous
C. ORDINANCES FOR INTRODUCTION
ORDINANCES FOR
1. Ordinance No. 09-03-0 Rezoning Lot IA, Block 1, Tract
INTRODUCTION
M, And Tracts S -4A -1A, S -4A-18, S -4A -1C, And S -4A-2,
ORDINANCE
U.S. Survey 3218 FROM I --Industrial TO B --Business.
NO. 89-03-0
(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
KIBS103802
Kodiak Island Borough
Regular Assembly Meeting
I Ordinance No. 89-04-0 Creating Chapter 17.15 Natural
Use Zoning District.
STEVENS,
seconded by BARKER moved to adopt Ordinance
No. 89-04_0 in first
reading.
Deputy Mayor cteed explained this ordinance would implement a new
zoning district in the borough code. Theta
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 lity 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
develo public
pment by prohibiting the construction Of most structures in
this zoning district.
Deputy Mayor Freed added that the Planning and Zonin
Might have some additional recommendations for than
language for this district, a Commission
hearing, She n will be made to Particular
ges in
section 1], 15 090. The
hearing, she noted.assembly prior to the
Public
Assemblyman Parker
ordinance mentioned that the majority of the work on the
spentmanywhoursne by volunteer group from womens Ray who had
puttinn g to et a very comprehensive pian. He
thoughtthey deserved recognition for their efforts.
VOTE ON MOTION TO ADOPT
Ayes:
Stevens, Austerman, Barker,
McFarland, Parker, white
Noes:
None
MOTION CARRIED
Unaniaous
3. Ordinance No. 89-051 Re20ni11 All Lands Lying westerly
Of sella Plata And Russian Creek Alaska Subdivisions
And Easterly Of The womens Bay Drainage Boundary And
CreSoutherly Of Sargent Creek And Northerly Of Russian
An Area
(6,000) Ac Containing Approximately Si- Thousand
(6,000tee FROM C --Conservation TO NU -Natural Use.
BARKER,
seconded by MCFARLAM moved to adopt Ordinance
No. 89-05-0 in first
opposed reading.
Assemblyman Parker
Pointed out
area were o that several land owners
to this ordinance. in this
VOTE ON MOTION TO ADOPT
Ayes:
Aueterman, Barker,
McFarland, Parker, Stevens,
white
Noes:
None
MOTION CARRIED
Unanimous
4• Ordinance No. 89-06-0 Determining The D"Position of
Tar Foreclosed properties.
This Stem was previously Cosset Agenda." approved in first reading under the
'
February Z, 1989
KIBS103803
ORDINANCES FOR
INTRODUCTION
ORDINANCE
NO. 89-04-0
ORDINANCE
NO. 89-05-0
ORDINANCE
NO. 89-06-0
Page 19
M
Kodiak Island Borough
Regular Assembly Meeting
5. Ordinance No. 89-07-0 Amending The Personnel Rules And
ORDINANCES FOR -
Regulations By Adding Section 613, Special Projects
INTRCDUCTICN
Appointments.
CRDINANCE
This item was previously approved in first reading under the
NO. 89-07-r
"Consent Agenda."
D. OTHER ITEMS
OTHER ITEMS
1. Selection of Auditor for FY89-91.
SELECTION OF AUDITC-
FOR FY89-91
STEVENS, moved to select the firm of
seconded by BARKER Price Waterhouse as FY89-91
auditors.
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
INPORMATID s (No action required)
INFORMATIONAL
MATERIALS
A. MINUTES OF OTHER MEETINGS
MINUTES OF
1. Monashka Bay Road District Regular Meeting of
OTHER MEETINI.S
October 26, 1988.
2. Architectural Review Board Regular Meetings of
December 14, 1988 and January 11, 1989.
3. K.I.B. Building Code Board Of Appeal Meeting of
December 20, 1988.
4. K.I.B. Planning and Zoning Commission Regular Meeting
of December 20, 1988.
5. K.I.B. Personnel Advisory Board Regular Meeting of
January 9, 1989 and Special Meeting of January 18,
1989.
REPORTS
B. REPORTS
1. K.I.B. School District Financial Report for
December, 1988.
OTHER
C. -OTHER
None
CITIZENSCOMMENTS
CISILB 2 OONNEWS
None
Page 20
February 2, 1989
KIBS103904
Kodiak Island Borough
Regular Assembly Meeting
Asss0 Yl -s cowuwm 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
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.
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.
AATOUIMI� ADJOURNMENT
There being no further business to come before the assembly,
the meeting adjourned at 8:36 p.m.
presiding Officer
ATTEST:
N
Borough C r
February 2, 1989 Page 21
KIBS103805