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09/02/1982n 0 1(7 2 1 1 1 KODIAK 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. Anderson (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 8 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. Kodiak . E. i- Associatio Resolution ROOIaK CIeGCrIG Np)U{.�ny wn, Inc. ui�. J ncpviu a vu 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. 7 Q 0 ^ 7 fl ( 1 7 n 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 Public Hearing closed: Regular Session opened: r aye C 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 Brisco: (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. 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. 1" 'l -1 ? I I 2 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 8, 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 ublic when not scheduled for Ilk's youth activities. Seconded by Mr. Murray. Amendment carried by 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. Survey 3465, Tract A, Lot 1, to be leased will be surveyed at a later date in order to provide a property description. Seconded by Mr. White. Amendment carried by unanimous voice vote. 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 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 _ _ contract wojec 1. to the nowiney a recommendation being incorpdrated 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 00 2 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. X NEW BUSINESS 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. 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. rage 3 KIB ASSEMBLY ruu. - Sept. 2, 198 '1 O i fl 2 1 1 3 1 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 Environmental Conservation In The Amount Of Larsen Bay Sanitary Landfill. Mr. Wakefield moved to adopt Resolution No. 82 -59 -R. Mr. Peotter. Motion carried by unanimous voice vote. 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. Res. No. 82 -60 -R Adopting A House Numbering System 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. F. Department Of $40,000 For The Seconded by For The 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 Coord 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 Of Alaska - 1982: Ghamip i "na "� Alaska ____. Mr. Peotter moved to adopt Resolution No. 82 -61 -R. Seconded by "r• Wakefield. Motion carried by unanimous voice vote. N. Res. No. 82 -65 -R Requesting The Bureau Of Land Management Process The Federal Patent To The State Of Alaska For Lot :. USS 2539. Mr. Peotter moved to adopt Resolution No. 82 -65 -R. Seconded by "r. Beaty. Motion carried by unanimous voice vote. 0. Fuel Oil Study - Villages KIB ASSEMBLY MTG. - Sept. 2r-1982 0 0 0 0 2 )I I 3 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 4168,619 for village school playgrounds. Seconded by Mr. Beaty. Motion carried by unanimous voice vote. Q. Mr. Bid Award for Hospital Storage Building Beaty abstained from voting due to conflict of interest. Page 6 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 following month's regular meeting shall be closed for public hearing and new business items. The term "regular meeting" was unanimously interpreted to mean all scheduled meetings. 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 Si Expenditures - June 1982 Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Beaty. Motion carried with no objection. NSD MJJLI'IDLI I'II - JCW L. L, LJOL 1 0 '1 n rove / 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 -0(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 next Tuesday to repair the Port Lions breakwater. Mr. Beaty: What are the Assembly's views on seeing if we could do something to get some mail delivery service in town or someplace? Mr. White: Mr. Shealy do you have some idea as to how large the ots 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. hotter 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 ATTEST: Mayor Herrnsteen adjourned the meeting at 11:13 PM.