1982-09-02 Regular MeetingKODIAK ISLAND BOROUGH ASSEMBLY MEETING - September 2, 1982
(A Verbatim Record is on File in the Clerk's Office)
I CALL TO ORDER
Mayor Herrnsteen called the meeting to order at 6:40 P.M. in the
Borough Assembly Chambers.
II ROLL CALL
Present
Mayor Herrnsteen
Mr. Arndt
Mr. Beaty
Mr. Murray
Mr. Peotter
Mr. Wakefield
Mr. White
Absent
Mr�-TFderson (excused)
A quorum was established.
Mr. Murray moved to excuse Mr. Anderson. Seconded by Mr. Arndt.
Motion carried.
III ACCEPTANCE OF AGENDA
Mayor Herrnsteen had a request to move Items X. U. and X. cc. to
OLD BUSINESS.
Mr. Shealy noted that he has four additions under Managers Report.
The agenda was accepted with the additions.
IV MINUTES OF PREVIOUS MEETINGS
A. Assembly - Reg. - August 5, 1982
Mr. Peotter moved to approve the minutes of August 5, 1982.
Seconded by Mr. Beaty. Motion carried.
V MINUTES OF OTHER MEETINGS
A. Architectural Review Board - July 28, 1982/Aug. 4, 1982
B. Kodiak Island Hospital Adv. Board - July 7, 1982/Aug. 4, 1982
C. Kodiak Island Mental Health Center - March 15/March 30/
April 26/May 17/June 21/June 28, 1982
D. KIB Building Code Board of Appeals - August 17, 1982
E. P & Z - Reg. - July 21, 1982/August 18, 1982
Mr. Peotter moved to acknowledge receipt of Items A, B, C, D & E.
Seconded by Mr. Wakefield. Motion carried by unanimous voice vote.
VI COMMUNICATIONS & APPEARANCES
A. Boards & Commissions Representative
B. Letter from Dept. of Transportation & Public Facilities
Mr. Peotter moved to concur with re-classification of the last 2.64
miles of the Anton Larsen Bay Road and adding it to the Federal Aid
Secondary System. Seconded by Mr. Arndt. Motion carried by -
unanimous voice vote.
C. Kodiak Electric Association, Inc. Resolution
Mr. Arndt moved to acknowledge receipt. Seconded by Mr. White.
Motion carried by unanimous voice vote.
D. Letter from Wilton White re: Hospital Advisory Board
Mr. Arndt moved to nominate Mr. Murray as the alternate member to
serve on the Hospital Advisory Board. Seconded by Mr. Wakefield.
Motion carried by unanimous voice vote.
E. Letter from Arthur Young & Co.
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No action taken.
F. Appointments to a Mental Health Board
Deferred to the October meeting.
G. Rogers & Babler Appeal re: Main Elementary Impact & Delay
Claim, Contracting Officer's Decision Appeal
Mr. Arndt moved to acknowledge receipt. Seconded by Mr. Beaty.
Motion carried by unanimous voice vote.
VII PUBLIC HEARINGS
A. Ord. No. 82-30-0 Amending The Class Title, Job Description And
Pay Range Of The Personnel Rules And Regulations.
Mr. Peotter moved to adopt Ordinance No. 82-30-0. Seconded by Mr.
Beaty.
Mr. Arndt moved to amend Ordinance No. 82-30-0 to incorporate the
Fire Chief/Engineer at a pay range of 16 and the Draftsman/
Technician at 16.5. Seconded by Mr. White.
Regular Session closed:
Public Hearing opened:
Carolyn Br is: (Fire Dist.#1) I have not seen a copy of the
ordinance. Today is the first we have heard about it. The board
voted to go through the Personnel Board to decide the salary but
we haven't had any input from the Personnel Board or anybody else.
Therefore, we don't know what you're talking about. We weren't
advised of anything going on.
Public Hearing closed:
Regular Session opened:
Amendment carried 4-2 with Mr. Murray and Mr. Peotter casting the
NO votes.
Main motion as amended carried by unanimous roll call vote.
B. Ord. No. 82-31-0 Appropriating Certain Sums Of Money For
Receipt And Expenditure.
Mr. White moved to adopt Ordinance No. 82-31-0. Seconded by Mr.
Beaty.
Regular Session closed:
Public Hearing opened: NO COMMENTS.
Public Hearing closed:
Regular Session opened:
Motion carried by unanimous voice vote.
C. Ord. No. 82-32-0 Amending Title 10 Of Borough Code On
Vehicles And Traffic.
Mr. Wakefield moved to adopt Ordinance No. 82-32-0. Seconded by
Mr. White.
Regular Session closed:
Public Hearing opened: NO COMMENTS.
Public Hearing closed:
Regular Session opened:
Motion carried by unanimous voice vote.
D. Recommendations regarding Expenditure Of Entitlement Funds.
(Res. No. 82-57-R Authorizing The Receipt And Expenditure Of
Entitlement Funds Under The Municipal Aid Program Ch. 60,
SLA 81 and AS 37.05.315.)(Per Capita)
Mr. Peotter moved to adopt Resolution No. 82-57-R. Seconded by Mr.
White.
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Regular Session closed:
Public Hearing opened: NO COMMENTS.
Public Hearing closed:
Regular Session opened:
Motion carried by unanimous voice vote.
Mr. White moved to approve the donation of two 55 KW surplus
generators for Karluk to support the electrification program.
Seconded by Mr. Arndt. Motion carried by unanimous voice vote.
VIII OLD BUSINESS
(X) U. Res. No. 82-62-R Authorizing A Public Interest Lease To
B.P.O.E. Lodge #1772 On Tract B, Miller Point Alaska Subd.
Mr. Peotter moved to adopt Resolution No. 82-62-R. Seconded by Mr.
Beaty.
Mr. Ed Saunders: We would like to have the resolution amended to
ask for the 55 years if it is possible. With the stipulations
under the lease we would like to ask that we be allowed to build
access or parking areas.
Mr. Wakefield moved to delete item number 6. Seconded by Mr.
White. Amendment carried by unanimous voice vote.
Main motion as amended carried by unanimous voice vote.
(X)cc. Res. No. 82-63-R Authorizing A Negotiated Lease To B.P.O.E.
Lodge #1772 For A Portion Of USS 3465.
Mr. Peotter moved to adopt Resolution No. 82-63-R. Seconded by Mr.
White.
Mr. Wakefield moved to amend item 7 to seven acres. Seconded by
Mr. Peotter. Amendment failed 3-3 with Mr. Arndt, Mr. Beaty and
Mr. Murray casting the NO votes.
Mr. Peotter moved to amend by re -wording item 8 to read The area
leased shall be available to the public when not scheduled for
E1 s youth activities. Seconded by Mr. Murray. Amendment carried
v unanimous voice vote.
Mr. White moved to amend item 7 to delete "Not more than 5 acres"
and change it to Approximately 5. Seconded by Mr. Wakefield.
Amendment failed 3-3 with Mr. Arndt, Mr. Beaty and Mr. Murray
casting the NO votes.
Mr. Arndt moved to amend item 6. to read The portion of U.S. Su
3465. Tract A. Lot 1. to be leased will be surveved at a later
n oraer to proviae a property aescription
mendment carried by unanimous voice vote.
r. wnite.
Mr. Murray moved to further amend the resolution by substituting
in item 7. six acres and adding item 9. No fences shall be erected.
Seconded by --Mr. White. Amendment carried 4-2 with Mr. Arndt and
Mr. Beaty casting the NO votes.
Main motion as amended carried 5-1 with Mr. Arndt casting the NO
vote.
A. Proposed Contract with Veterans Administration
Mr. Beaty moved to approve the contract subject to the Attorney's
recommendation being incorporated into the contract. Seconded by
Mr. Wakefield.
Mr. Murray moved to amend by incorporating Exhibit A into the
contract. Seconded by Mr. White. Amendment carried by unanimous
voice vote.
Main motion as amended carried by unanimous voice vote.
B. Letter from Okey Chandler re: fence
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No action taken.
(Staff research found there was no basis in the facts presented to
require a fence to be constructed on the side lot lines of Lot 2C
by the owners of Lot 1 (Beverly Jones) and Lot 3 (Chris Billings).
Further, there is no provision in the present Borough Code which
gives the Assembly the authority to require such construction.)
C. Recommendation re: Financial Advisory Service
Mr. Arndt moved to obtain Foster & Marshall as a Financial Advisor
in an amount not to exceed $12,500. Seconded by Mr. Beaty. Motion
carried by unanimous voice vote.
IX MANAGERS REPORT
A. September Work Sessions
1. Thursday, Sept. 16, 1982 at 7:30 p.m, in the Borough
Conference Room.
2. Thursday, Sept. 30, 1982 at 7:30 p.m. in the Borough
Conference Room to review the October packet.
B. Other Business
1. Resolution No. 82-64-R Authorizing Acquisition Of Land For
A Bulk Fuel Facility In Karluk.
Mr. Peotter moved to adopt Resolution No. 82-64-R. Seconded by
Mr. Wakefield. Motion carried by unanimous voice vote.
2. Ordinance No. 82-36-0 Amending Title 2 Of The KIB Municipal
Code By The Creation Of Ch. 2.30, Providing For A Parks And
Recreation Committee. (1st Rdg.)
Mr. Peotter moved to adopt Ordinance No. 82-36-0 in the first
reading. Seconded by Mr. Beaty. Motion carried by unanimous
voice vote.
3. Soil Investigation, Proposed Chiniak Subdivision
Mr. Peotter moved to authorize the Manager to pay Harding
Lawson Associates $6,898.45 for their direct cost of the soil
investigation for Chiniak Subdivision. Seconded by Mr. Beaty.
Motion carried with no objection.
4. Auditorium Committee
Mr. Peotter moved to authorize up to a maximum of $3,500 in
travel expenses to visit similar auditorium facilities outside
of Kodiak for the Auditorium Committee. Seconded by Mr.
Wakefield. Motion failed 3-3 with Mr. Arndt, Mr. Beaty and
Mr. Wakefield casting the NO votes.
Mr. Murray moved to authorize the sum of $2,000 for the
Committee to use for travel to look at the facilities around
the State and in Seattle. Seconded by Mr. Beaty. Motion
carried 5-1 with Mr. Arndt casting the NO vote.
X NEW BUSINESS
A. Res. No. 82-56-R Requesting Municipal Funding From The State
Of Alaska.
Mr. Wakefield moved to adopt Resolution No. 82-56-R. Seconded by
Mr. Beaty. Motion carried by unanimous voice vote.
B. Ord. No. 82-35-0 Amending Title 3.15.050 Authorizing Procure-
ment By Means Of Requests For Proposals. (1st Rdg.)
Mr. White moved to adopt Ordinance No. 82-35-0. Seconded by Mr.
Beaty. Motion carried by unanimous voice vote.
C. Res. No. 82-58-R Authorizing Renting Of The Apartment Building
Complex Located On Lot 5, USS 2538-A To The Kodiak Area Native
Association.
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Mr. White moved to adopt Resolution No. 82-58-R. Seconded by Mr.
Wakefield. Motion carried 5-1 with Mr. Wakefield casting the NO
vote.
D. Res. No. 82-59-R Accepting A Grant From The Department Of
Environmental Conservation In The Amount Of $40,000 For The
Larsen Bay Sanitary Landfill.
Mr. Wakefield moved to adopt Resolution No. 82-59-R. Seconded by
Mr. Peotter. Motion carried by unanimous voice vote.
I E. Hospital Contract - Registered Dietician
Mr. Murray moved to approve the contract with the stipulations of
the Attorney as presented. Seconded by Mr. Beaty. Motion carried
by unanimous voice vote.
F. Res. No. 82-60-R Adopting A House Numbering System For The
Bells Flats And Russian Creek Area.
Mr. White moved to adopt Resolution No. 82-60-R. Seconded by Mr.
Arndt. Motion carried by unanimous voice vote.
G. Ord. No. 82-33-0 Updating Title 3 Of The Borough Code In
Regard To Assessing And Collection Of Taxes. (1st Rdg.)
Mr. Wakefield moved to adopt Ordinance No. 82-33-0 in the first
reading. Seconded by Mr. Beaty. Motion carried by unanimous
voice vote.
H. Award Contract for Borough Building Parking Lot Improvements
Mr. Peotter moved that the Municipal Building Improvements Grading
and Paving Contract be awarded to Brechan for Schedule A in the
amount of $520,609 and the Additive Alternate in the amount of
$36,865 for a total of $557,474. Seconded by Mr. Arndt. Motion
carried by unanimous voice vote.
I. Authorization To Negotiate For Funding Of The Residential/
Vocational Training Program.
No action taken.
J. Reappraisal of Waterfront Property
Mr. Peotter moved to enter into contract with Appraisal Company of
Alaska to do an appraisal of waterfront property in the amount not
to exceed $24,000. Seconded by Mr. Arndt. Motion carried.
K. Travel Request for Alaska Municipal League
Mr. Arndt moved that Phil Shealy, Borough Manager and Mickie
Miller, Borough Clerk be authorized to travel to Municipal League
also any assembly members and the mayor that may wish to attend.
Seconded by Mr. White. Motion carried by unanimous voice vote.
L. Status Report - August
Mr. Peotter moved to acknowledge receipt of the Facility Coordina-
tor's Status Report. Seconded by Mr. Arndt. Motion carried by
unanimous voice vote.
M. Res. No. 82-61-R Honoring The Kodiak Little League All Star
Champions Of Alaska - 1982.
Mr. Peotter moved to adopt Resolution No. 82-61-R. Seconded by Mr.
Wakefield. Motion carried by unanimous voice vote.
N. Res. No. 82-65-R Requesting The Bureau Of Land Management To
Process The Federal Patent To The State Of Alaska For Lot 1,
USS 2539.
Mr. Peotter moved to adopt Resolution No. 82-65-R. Seconded by Mr.
Beaty. Motion carried by unanimous voice vote.
0. Fuel Oil Study - Villages
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No action taken. (Information only)
P. Bid Award for Village School Playgrounds
Mr. Wakefield moved to award the contract to H & H Construction of
Wasilla in the amount of $168,619 for village school playgrounds.
Seconded by Mr. Beaty. Motion carried by unanimous voice vote.
Q. Bid Award for Hospital Storage Building
Mr. Beaty abstained from voting due to conflict of interest.
Mr. Peotter moved, in light of the long range hospital plan, that
we reject all bids. Seconded by Mr. White. Motion carried by
unanimous voice vote.
Mr. Peotter moved to terminate all action pending relative to
hospital entrance renovation until completion of the hospital long
range plan. Seconded by Mr. Arndt. Motion carried by unanimous
voice vote.
R. A & E Procedure - Small Contracts
Mr. Arndt moved to authorize using the A & E Selection And
Professional Engineering Services Contract Administration
Procedures For Small Borough Projects or Studies. Seconded by Mr.
Beaty. Motion carried by unanimous voice vote.
S. Ratification of Election Judges
Mr. Peotter moved for the ratification of the Election Judges as
presented by the Borough Clerk. Seconded by Mr. Wakefield. Motion
carried by unanimous voice vote.
T. Ord. No. 82-34-0 Enacting Ch. 17.53 Of Borough Code On
Recreational Vehicle Parks. (1st Rdg.)
Mr. White moved to adopt Ordinance No. 82-34-0 in the first read-
ing. Seconded by Mr. Beaty. Motion carried by unanimous voice
vote.
V. Approval of Revised Mental Health Center Budget
Mr. Peotter moved that Management be authorized to sign the modifi-
cations of the Grant Award. Seconded by Mr. Wakefield. Motion
carried by unanimous voice vote.
W. Planning Commission By -Laws Revision
2. At noon on the day after each regular meeting the
agenda for the followin month s regular meeting
s a be c osed for pub is hearing and newbusiness
items.
The term "regular meeting" was unanimously interpreted
to mean all scheduled meetinos.
Mr. Peotter moved to approve the change in the By -Laws of the
Planning Commission. Seconded by Mr. Wakefield. Motion carried
with no objection.
X. Mental Health Center Financial Statement - July 1982
Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Beaty.
Motion carried with no objection.
Y. Kodiak Island Hospital Financial Statement - July 1982
Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Beaty.
Motion carried with no objection.
Z. KIBSD Report of Revenue & Expenditures - June 1982
Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Beaty.
Motion carried with no objection.
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aa. KIB Detailed Budget & Revenue Report - August
Mr. Wakefield moved to acknowledge receipt. Seconded by Mr.
Peotter. Motion carried with no objection.
bb. Ord. No. 82-38-0 Amending Ord. No. 82-27-O(A) Creating A Mental
Health Center Advisory Board. (1st Rdg.)
Mr. Wakefield moved to adopt Ordinance No. 82-38-0 in the first
reading. Seconded by Mr. Beaty. Motion carried 5-1 with Mr. Arndt
casting the NO vote.
XI MAYORS COMMENTS
NONE
XII ASSEMBLY COMMENTS
Mr. Wakefield: The Corp of Engineers is going to advertise for bids
nextTuesday to repair the Port Lions breakwater.
Mr. Beaty: What are the Assembly's views on seeing if we could do
som�ing to get some mail delivery service in town or someplace?
Mr. White: Mr. Shealy do you have some idea as to how large the
lots are going to be in the subdivision at Island Lake which will
be near the area we just leased to the Elks?
Mr. Arndt: No comments.
Mr. Murray: The gentleman from the Elks was still not clear whether
or not they could do anything with that portion of USS 3465, Tract
A, Lot 1 since we're not going to be surveying it for a while yet
as part of that plan.
Mr. Murray moved to allow the Elks to use Lot 1 until there is a survey
and delineate exactly what piece of it they are going to have. Seconded
by Mr. Beaty. Motion carried 4-2 with Mr. Arndt and Mr. Wakefield
casting the NO votes.
Mr. Peotter: No comments.
XIII AUDIENCE COMMENTS - None.
Mr. Peotter moved to go into Executive Session to discuss legal and
financial items. Seconded by Mr. Arndt. Motion carried by unanimous
voice vote.
Mayor Herrnsteen recessed into Executive Session at 10:40 P.M. and back
into Regular Session at 11:10 PM.
Mr. Peotter reported that no action was taken on the legal matters.
Mr. Peotter moved to reconsider the action taken on awarding the bid
to Foster and Marshall. Seconded by Mr. Wakefield. Motion to
reconsider carried by unanimous voice vote.
Mr. Peotter moved to substitute the firm of Blyth Eastman Paine Webber,
Inc. for Foster Marshall in the contract amount of $15,000. Seconded by
Mr. Wakefield. Motion carried by unanimous voice vote.
XIV ADJOURNMENT
Mayor Herrnsteen adjourned the meeting at 11:13 PM.
goe"gh Mayor
ATTEST: