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1976-03-04 Regular Meeting1 I 7- 1 1 7 KOOIAK ISLAND BOROUGH ASS BLY MEETING MARCH 4, 1975 CALL TO ORDER The meeting was cailed to order by Presiding Officer Betty Wallin at 7:35 p.m. in the Borough Meeting Room, Borough Building, Kodiak, Alaska. II ROLL CALL Present Mr. Robert Craig, Mayor Mrs. Betty Wallin, Presiding Officer Mr. Hal Lincoln, Deputy Presiding Officer Mr. Leslie Anderson Mrs. Sandra Kavanuagh Dr. Michael Emmick Mr. James Peotter Mr. Frank Peterson Also present: Mr. Paul Carr, Community 6 Regional Affairs, and approximately 25 people in the audience. MINUTES OF PREVIOUS MEETINGS A. Assembly - Regular Meeting - February 5, 1975 B. Assembly - Special Meeting - February 25, 1976 - Dr. Emmick noted a correction in the minutes of February 25, 1976, asking that on page 2, , thi ragraph, the word "until" be changed to when" minutes , than " ' corrections noted on the first page of ge Fire Chief' read "architect ". Dr. Emmick moved to accept the minutes as corrected, _seconded by Mr. Lincoln, Motion passed by unanimous voice vote, IV MINUTES FROM OTHER MEETINS A. Planning 6 Zoning - Regular Meeting - February 18, 1976 B. School Board - January 26, 1976; February 9 6 16, 1976 C. Health Resources Council - Regular Meeting - February 16, 1976 D. Bicentennial Commission - Regular Meeting - February 14, 1976 ,E. Governing Board Mental Health Center - February 16, 1976. Mr. Lincoln moved for approval . of the minutes as presented, seconded by Mrs. Kavanaugh. Motion passed by unanimous voice vote. V C OMMUNICATIONS AND APPEARANCE REQUESTS A. Lou Schneider - Re: Island Lake Miller Point Area and Land Use. Mr. Schneider presented a five for rr the record, said letter giving a resume of the land uses in thi particular area. The land in question is zoned "Unclassified* and Mr. Schneider pointed out that there has been much contro- versy over the uses permitted in unclassified zones. The major point being the taking of rock and trees from specific lots within the Miller Point Alaska Subdivision, Question was raised as to whether or not the rock quarry operation is in fact a means to develop the property for its intended use, that is residential or whether it is a commercial venture. Mr. Schneider asked that the Assembly take action to protect the home owners in the area and to protect the future of the developments in this area. He stated that the residents were only asking that the adopted ordinances be enforced and the Borough represent the residents involved. La Quarr se k1 &4 uib A rr1'° 4.4Q91 .-'. '0.0 Mr. Schneider went on to make a comment on points of consideration as set forth by the Attorney, noting that it is necessary that an overall look at this operation be taken, is the property in fact improved because of the removal of the rock and trees, or will it be less valuable once this operation has ceased. It was reported that one of the lots in question had been obtained by Mr. Grothe for a price of $7,500 and had recently been sold for $4,000. This would lead one to believe that the lots were worth less after the removal of the top soil and rock. The Mayor indicated that the Borough was doing all they could to resolve this problem. The attorney has been requested to draft an agreement that would be acceptable to all parties. In reply as to whether or not he had deviated from the original plan, Mr. Grothe indicated that he had sold one lot and had acquired another since the original permit, however the development had not changed only shifted over somewhat. Mr. Lindhom, Building Official, indicated that the original permit was void due to the statute of limitations and a new permit would be necessary. Mr. Lincol moved that this item be referred to the Planning 8 Zoning for a public hearing for approval or denial of a proper permit, seconded by Dr. Emmick. Noted at this point that there were six individuals in the audience that reside in this particular area. Mr. Lincoln asked if any of the reports as indicated under the Building code had been required - noted they had not been requested. Dr. Emmick stated that this had been going on for some time, that there should be something done to bring this to a point where a the work can be finished and a buildable lot secured. Mr. Lincoln with the permission of the second withdrew the pre- vious motion. After considerable discussion about the need to have better control of situations such as this and to insure that any additional blasting would be done in a manner not to damage the homes in the surrounding area, it was asked if Mr. Grothe had any comments at this point. He indicated he did not. * set t A short recess was called. the meeting reconvened at 8:39. It was pointed out that a meeting had taken place this day with two of the parties involved and hopefully an agreement would be forthcoming, acceptable to all involved. B. Renew) Request fo Beverage Dispensary License - Kalsin Inn, Harq(tl$arget. Dr. Emmick moved to renew the license, seconded 13y Mrs. Kavanaugh. Motion passed by unanimous voice vote', C. Letter of Approval for Mental Health Center Staffing rant staffing (no action required) . The Mayor read the letter intd'the record, Grant - MHC Indicating approval for the continuation of the staffing grant for the upcoming year. Liquor License D. Letter from Ted Velanis (noted that this item was placed on Bells Flat the agenda by the Presiding Officer as an addition ) . The letter Land - was read in full by the Mayor, stating that the Bells Flats Natives, — Inc., do not approve of the people who have purchased or entered into lease agreements doing anyteng out in the Bells Flats area, such as constructing or operating general stores, bars, trailer courts, etc. This would also include the establishment of service districts. The Letter asked for th cooperation of the 1 I 1 •%! 1 2 9 K18 ASSEMBLY .MEETING - MARCH 4, 1976 Page 3 Borough in minimizing future land complications until a deter is made regarding land ownership. urination E. Letter from Borough_Attorney regarding Status of Work Native Land Claims and Request the Borough for Direction, n gh Mayor. The lette Indicated th read in full by done, the work interest of that had been one, noting areas where there Land the Borough as re a regards c rt en to protect the �C = moved that the 9ards t o certain lands. coin Borou with th�t�on — -f e Assembly direct our attorneys Mr L �-- with the Lands CI Borough lands as may ma b - Ys tved __ Claim Act, Y e involved with seconded by Dr. Emmick. The question was raised as to what specific lands this r vested interest in. any land that the referred to and noted that this would be an v ase d interest t I Concern was voiced borough B had and it should d that should the Borough to take the proper I not be lost because of the th letter, legal steps. Mr. Anderson failure d the attorney had suggested periodic that a r 99estd that reading would made to determine filin rune fel research of records be mad be an exercise in f 9h, he for one hen that Borough staff futility as this was something t this Borough in could do without the added etoIye that the indicated that the assembly ddal ceceived cop. Y had all received Mrs. Anders legal work as this co Mr, on further noted that the question had been rai cost incurred for I sed. of Taws of the State and it is a Borough i 0* S matter of record subject to the ed its right of appeal on these villages the State has relinquish has agreed not to appeal and this has to the i villages. The Sta te as th picture vil ape e onrthe BellskFlats, Anton uLarsen of a nending the taxpayers c ed' Concern was voiced about that di should x more money needlessly and suggestion that we ore specific in instructions. The Presiding and non-natives of Bells Fl suggested that a work session be set Thh Pnasidisg Flats could et sh that the what is proposed talk natives be os edt f N, this particular area f oeag agreement could settled. Mrs would y have to filed a letters Wallin pointed out that the Boough Assembly be had the State had up g these villages and that mblt that pointed dropped a suit opposing these villages. It wof as that out that the lands claim settlement d freeze was e Ian prior to the sale of 1972 ens act d slur placed a fr and that someone eze on xchange of land or t°ne has to make restitution either an a indicated he felt that the Assembly money. on ck rot Y had an Emmi protect the interests of the ug Me b the citizens to audience voiced concern borough. Me ro over the interests of the ern of the and concern that these w t bodefgh not being protected an someone is not available to keep would go by default w s suggested that perhaps we could the at or m e was air uld have the attorney one already because of Y make a list of lands that we have lost g Part some of the merit of keeping default and for would this aspect. The 9 the attorney question was call Y working on YES: M of deba M r. Andes called and vote taken on the continuation Peterson NO son No; Mr • P lotter Y — Mrs_ . Kavana h ck YES: s. Wallin NO - Mr ES; Mr. Lincoln Dr. Emmi motion t to continue debate. n Assembly 1� Mr. Lincoln at this Passed four to three theses Y embers Anderson, Peterson Point asked isgt el (from voting on the main qu and due disqualify conflict interest. question d that the question of what conflict, e n a nonate of Mrs. Wallin and Mr. Anderson ct M ed by s and that Mr. Peterson were fated KONIAG and that as Director of KANA was also employed o PPosition to the and was an employee of th N' also t a organization that by sale of the land in question. Mrs. Wallin indicated 2 7 KIB ASSEMBLY MEETING _MARCH 4, 1976 Page 4 that she would not vote if Dr. Emmick would not vote on medical questions, Mr. Lincoln would not vote on matters concerning telephones, Mr. Peotter would not vote on school matters and Mrs. Kavanaugh would not vote on a zoning matter that she was was interested in. It was suggested that Mr Lincoln should not vote on this matter either as he was a resident of the Bells Flats area and had an interest in the matter. Mrs. Wallin stated that she had been elected to this position by the people of the Borough, that she would not give up her right to vote. Mr. Anderson indicated that he would not give up his right to vote because he had no qualms about directing the attorney on matters he should be investigating, he was not sure that the firm we are using is in the best interest of the taxpayers. Mr. Peterson stated he felt this was an exercise in futility and will cost much money out of the taxpayers ' pockets. The and is in the process of changing status from government to private hands and the attorneys working for KONIAG have much expertise in this matter and have been working on this for many years. Further the act is consist Ent with federal wishes. Mr Peterson indicated he would cast his vote. The question was called and motion passed with the following roll call vote: Mr. Anderson NO; Mrs. Kavanaugh YES; Mr. Peterson NO; Mr. Peotter YES: Mr. Lincoln YES: Dr. Emmick YES: Mrs. Wallin YES, It was pointed out that the Borough Attorney will be directed by the assembly through the Borough Mayor. VI OLD BUSINESS A. 1st Reading Ordinance No.76 -4 -0 Repealing Portion of the Code And Amending Same to Allow for the Sale of Intoxicating Liquor within the Borough on Election Day, read by title only. Mr. Peotter moved to bring this to the floor for discussion, seconded by Mrs Kavanaugh. Discussion followed on the fact that in a recent health needs assessment, it was determined that alcohol abuse and alcohol related problems were listed as No. I on the assessment list and while it was felt that the codes of the City and borough should be consistent, it was suggested that perhaps a negative reaction on the part of the Borough might entice the City to change their ordinances for one day. Mr. Peotter moved for approval in the first reading, seconded by Dr. Emmick. The question was called and motion failed with the following roll call vote of six to one, with Mr. Peterson casting a YES vote. Sale of Liquor Election B. Review of Agreement Between Borough and Len Grothe Regarding Development Plan for Lots in the Miller Point Area. Grothe Mr. Peotter moved to table, seconded by Mrs. Kavanaugh. Quarry Mr. Peotter withdrew the motion with the approval of the second and moved to postpone until all the necessary information and necessary documents have been prepared, seconded by Mrs. Kavanaugh. Mr. Grothe noted that he had prepared a revised plan and noted that if they wished to table he would continue to remove the rock under the original permit for those original areas. He further stated he felt that he had the right to develop his land the best way possible. Asked about original plan and whether or not it called for a 2 to I slope, Mr. Grothe indicated it did. He stated that he had worked out an agreement with one of the adjacent property owners to give him access to his lot, that another property owner had requested access across Mr. Grothe's lot and that this was being granted. There was considerable V 1 1 2 ,I r) 2 KIB ASSEMBLY MEETING - MARCH 4, 1975 Page 5 discussion as to whether or not .Mr. Grothe was proceeding his plan, whether or not he had exceeded those and ' 9 according lust exactly where the Borough stood at this boundaries indicated that he would have no objection point. a review of this area. Mr. Lincolnlstateds waiting that he 30 days for w ike Grothe amend his motion to . ive s.ecific directions to the Boro like n to to establish where .Mr. Grothe stands as to the original peh En if he is outside o the origina permit cost of the surve if he i r r ot e i s permit, s not outside, the Borough a '^'�1� original further if he is outside of 9h Assembly - desist order w be issued, Permit a cease and seconded d by y Mr, M Peotte� Members of the audience asked about the amount of rock being removed, noting that the new plan calls for 80,000 yards and the original permit called for 100,000 yards. Mr. Grothe indicated that about half has been removed that 80% of the remainder will be taken from the lot - 20% will remain on the lots for development. Questions were raised about the t blasting that would be done in the area and concern ype of about the damage or possible dam v °iced Mr. Grothe stated that there would to the homes in the area. ould possibly be fifty blast holes. �" -st„n was called on the amendment and motion • asked b unanimous roll call vote. and motion p b Question tatted on the amended y unanimous roll cal vote. d motion Mr. Peotter moved that if a it is foun as a result of the engineer's survey, d that the survey markers to be taken to correct kers are in fact this error, d out of place steps seconded by Mrs. Kavanaugh. _ passed by unanimous roll call vote. NEW BUSINESS A. Tideland Lease - Kodiak Lumber Mills Discoverer objet Afognak Island, Placement of Doct. Accompanied Bay, objection Corporation by two le orporation and Shu c of tion from Afognak Natives that a better location would be in the Afognak Inca eses that this proposed I ognak Ba Tideland further this objection location would create problems s arga, Leases lection was voiced thrut f the fishing economy and the Kodiak Island area w letter from me threat to tde A new letter from the State economy of request had been changed to proposed la C ted the r within the same ba P °Posed site to of Mallard Creek Y area' ' Peotter moved to voice no objections, seconded b Mr. Lincoln. Mr. he was not sure whether the objections ass assembly that any bearing on the state's lecti °nd the o assembly read have the record were fr e n t and the objections ra nd in to ere from two free enterprises objecting to another free enterprise. The question was raised as to wether or not there would be any damage to the land if the operation were shored based rather than a barge operation and further was this a concern of the borough's. No specific answers w ere given. The was called and motion a YES YE =et_ failed six to one with Mr. question casting B. Resolution No 7 6 -II -R Su ortin Revenue Sharin r Continuation of Federal moved for ead �^ ful I by the Mayor. adoption of Resolution No. 76- I- Mrs' Kavanaugh Lincoln. Motion passed b y unanimous R. seconded by r. ous voice vote. Recess declared for five minutes. Meetin 10: 55 p.m. g reconvened at Fed. Rev, S aT Q 1 fl 1? n 9 7 KIB ASSEMBLY MEETING - MARCH 4, 1976 Page 6 There was discussion on whether or not to continue the meeting past the II: 00 p.m. deadline and the assembly members were in agreement to waive that stipulation for this meeting. C. Resolution No. 76 -12 -R Establishing OCS Advisory Committee read in full by the Mayor indicating that three members would be appointed from the City of Kodiak, three from the Borough and three from KONIAG. Mrs. Wallin noted that the League of Women Voters offered support of this concept. Further noted that KONIAG has hired consultants and a considerable amount of work has already gone in to independent studies. The Chiniak tracking station has been deeded to KONIAG and it is planned that this OSC COMM' facility will be used as a containment area and that most of the impact will be controlled in this area. Certainly the town of Kodiak will be impacted in that additional businesses and concerns will be coming in. Mr. Paul Carr of Community 6 Regional Affairs was asked to speak to this matter. Mr. Carr noted that there are funds available on a 1/3 - 2/3 matching basis for impact studies to be conducted. Several other communities are already working on such grants and money is available to the Kodiak Island Borough in the amountof $36,000. Such a study would allow the Borough to determine where the impact will be and to plan for that impact by making adjustments as necessary to the ordinances. Mr. Carr noted that he had had an opportunity to take a trip to Chiniak and that although he did not feel that the facility is big enough to take care of what is coming, it is a very good start. There is talk about a fabrication area here and for such a project a thousand acres or more would be needed. The Community has the opportunity to plan for the areas that would be needed. A Committee can be appointed within a ten day period, work can be started on th drafting of a proposal for the grant. The contract will be between the Borough and the Community 6 Regional Affairs, and assistance will be given by that department in the preparation of the grant proposal. It would be anticipated that the newly appointed committee would be working very closely with the Planning Commission to insure that they are not going in opposite directions. Members of the audience voiced concern about a private corporation being appointed to a government body en mass. Mrs. Wallin pointed out that considerable money had been expended by KONIAG, that reports and studies were avaiable and that this would benefit the entire community. KONIAG will control all but 40 miles of the coast line on Kodiak Island and the tracking station is owned by Chiniak, and as the major land owners they should be involved in this development. Mr. Carr was asked about guidelines and whether or not direction would be given to insure that the committee is moving in the right way. Mr. Carr noted that the committee can be charged with numerous responsibilities and that they should have public hearings, gather information and meet with the Planning Commission. The money could be used to obtain resource people or research information, hire a consultant for assistance in drafting the plan. Dr. Emmick moved for adoption of Resolution No. 76 -12 -R, Seconded by Mrs. Kavanaugh. Mr. Peterson asked whether or not this resolution should not also include work on the "200 Mile Limit" and discussion pointed out that the OCS problem was a large one and that the committee's scope should not be too broad in the beginning. Mr. Lincoln stated that he was of the opinion that the committee should have a broader composition and would move that the resolution be amended to read that the nine members would be selected at large, seconded by Mrs. Kavanaugh. Mr. Lincoln 1 1 1 0 0 't 2 n 2 9 n K1B ASSEMBLY MEETING - MARCH 4, 1976 Page 7 indicated that this would allow for greater degree of input and the members would be representative of the community. Under discussion it was again pointed out the vast amount of work that has already gone before and that the expertise that is available through KONIAG should be used for the benefit of the entire community. A member of the audience stated that we should have the best nine members for the committee that are available and if six are available from KONIAG then perhaps they all should be on the committee. Further this committee will be an advisory committee and they should seek out opinions from other interested people in the borough. The question was called on the amendment and motion assed by unanimous roll call vote. The uestion the amended motion, to ado t the esolutionwas w t t nine members on being appointed at large, motion n assed b unanimous roll call D. Resolution No. 76 -13 -R Approval of Final Plat, Mountain View Subdivision, U. S. Surve 1678, Lee Russell. Dr. Emmick moved Mt. Vir to approve Resolution No. 7 _ Final Motion y 6 13 -R, seconded by Mr. Mr. Li ncoln — passed b unanimous voice vote. E. Resolution No. 76 -15 -R Approval of Final Plat, Lot 24, U. S. Survey 3098 Shockley. Dr. Emmick moved for ado Resolution No. 76-15-R, seconded b 1 c 11 O^ of the date needs to be t �dus . Question Noted that Motion need the resolution. Question called, passed b unanimous voice vote. F. Resolution No. 76 -I6 -R Ap royal of Final Plat, Russell Estates Second Addition, U. S. Survey 1396, Lee for adoption of Resolution No. 76-I6-R, D. Emmick Kavanaugh. Motion passed by unanimous seconded b Mrs mous voice vote. G. Tax Adamennt. Memorandum read from Borough Assessor noting that Douglas 6 Nancy Doyle filed the 1975 Personal Property Form late, that they filed as having property within the Fire District and later brought it to the attention of the assessing department that they were really inside the City. This was after the B.O.E. and - the adjustment had been denied by the assessor. Dr. Emmick moved to den the adjustment; seconded b Mr. Lincoln. Motion passed by unanimous voice vote. H. Request for Matching Funds for Half W a grant is available for the building of an addition and theeCouncil that on Alcoholism has requested $1,300 for this purpose. The money is available in the budget. Mr. Lincoln moved to rovide matcnin funds in the amount of $I, 300 , Motion ssed b seconded by Mrs. Kavanaugh. unanimous voice vote. Question was raised as to whether or not an evaluation had been done by the State and what were the results. It was requested that a copy of this last site visit be obtained and submitted to the assembly. VIII . MAYOR'S REPORT I) Ratification of Election Jud es for call for Special Meetin the 5 eclat Election T and LO R the Election sie Elaine The names of Virginia Williams, Mary Fern and Mary Brasie, Elaine Lincoln (alternate) were submitted for ratification. Mr, moved for ratification of the election Lincoln Seconded by Mrs. Kavanaugh. Motion es as submitted, 9 n passed by unanimous Final Lot 24 C.S.S. 3048 F ?rise :7s tate: 2nd Adc Tax Ad P. _/ : eect 1 9 1 1? 1 1 2 1 KI8 ASSEMBLY MEETING - MARCH 4, 1976 Page 8 voice vote. Noted that the special meeting will be March 15th, at 12;00 noon. 2) A proposed plan for emergency service has been submitted by Emer er Mr. William Kirk, Chiniak, and the Mayor requested authorization pT� to have this reviewed by the Health Resources Council. Dr. Emmick moved to refer this matter to the Health Resources Council, seconded by Mr. Lincoln. Motion passed by unanimous voice vote. 3) The planning and zoning commission has recommended a change in the Borough Code to amend the requirement for front yard size in Unclassified zone to be the same as in other residential areas. P & Z Dr. Emmick moved to have an ordinance drawn for first reading Yards at the next regular meeting, for this change, seconded by Mr. Lincoln. Motion passed by unanimous voice vote. 4) Request for Authorization to Initiate Foreclosure Proceedings for Tax Years 1974 and 1975. Dr. Emmick moved to authorize the Clerk to proceed with foreclosure proceedings for the tax years 1974 and 1975, seconded by Mr. Lincoln. Motion passed by unanimous voice vote. 5) Memorandum noting that the Attorney has indicated that the proposed lease to Mr. Reed Oswalt for the operation of a sawmill will have to be advertised. This will be done and brought back to the Assembly at the April meeting. 6) Review of Bids for Work in the Borouah Building. Mr. Craig noted that the bids had been opened the previous day. That one bid was received in the amount of $21,915 for the four phases. Two other bids were received on the painting, Ideal Painting $2,700 and Ron's Painting $3,225.00; Ron's Painting on the carpentry $2,850. Mr. Craig recommended rejecting all bids as they were over the amount of money available. Mrs. Kavanaugh moved to reject all bids, seconded by Mr. Peotter. Motion passed by unanimous voice vote. 7) The assembly was advised that the problem regarding the location of two trailers on Spruce Cape Road, Ogden's property, had been referred to the borough attorney. Mr. Mahoney will talk with the Ogden's attorney and if an agreement can be made this will be done, if not the matter will be file in court. IX ASSEMBLY COMMENTS A. Mr. Lincoln noted that he wished to clarify his earlier position in asking that three members of the assembly not vote on an item, and stated that if the Borough Assembly were faced with a situation where Glacier State Telephone were in some way involved, he would not vote on that matter. B. Mrs. Kavanaugh asked that consideration be given to the adoption of areawide recreation powers and consideration be given to having this placed on the ballot at the next general election. Mr. Peterson commented on the fact that the assembly had previously taken the stand that all meetings would end at 11:00 p.m. and it hand't worked. D. Mrs. Wallin requested that the Planning 6 Zoning Commission submit a pro and con statement to the Assembly on all actions taken by the body. Concern was voiced over some of the actions of the commission and concern that everything should be done in a legal manner. Fore - clos Lease Oswa 1. Bids Viola• Setba_- Ogden Parks ; Recrea•: XI I XI ATTEST: 1 1 1 ? r) 1 ., KW ASSEMBLY MEETING - MARCH 4 1 976 Mrs. Wallin noted that as the village areas are certified and become more sophisticated they will be coming to the borough with more and more development plans and that she will continue to exercise her right as an elected official and representative of the people to vote on these matters, unless the attorney can prove that she would stand to gain in some way and if that happens she would withdraw her vote. AUDIENCE COMMENTS A. Mr Paul Carr stated that he had looked at Mr. Grothe's developmeent p and suggested that this be returned to the Planning Commission as it appears that gravel will be taken from the road right -of -way and care should be taken to insure that this would not cause problems in the future. B. Mr. Schneider offered submitted l— additional comment on his previously tter, requesting that the assembly take the time to read the letter and noting the main problem is the land use within the entire area. ADJOURNMENT There being no further business the meeting was adjourned at 1:20 a.m. /. Borough Cterk APPROVED: i/eZ- Borough hay ✓ Page g