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1976-09-02 Regular Meetingl 0 1 ? 2 1 0 7 KODIAK ISLAND BOROUGH ASSEMBLY METING September 2, 1976 I CALL TO ORDER II ROLL CALL III Present- Absent- eL slie Anderson :a�Robert Craig Dr. Michael Emmick Sandra Kavanaugh Hal Lincoln James Peotter Frank Peterson (late arrival) Betty Wallin, Presiding Officer Quorum established. Approximately 20 people were in audience. III MINUTES FROM PREVIOUS MEETING A. Dr. Emmick moved to accept the minutes as written on August 11, 1976. Seconded by Mr. Lincoln. Question called; motion carried with a unanimous voice vote. IV MINUTES FROM OTHER MEETINGS A. Planning & Zoning, Regular, August 18, 1976 B. CCS Council, August 4, 11, 18, 25, 1976 C. School Board, August 16, 1976 Motion made that the minutes of the above meetings be accepted. Seconded by hz. Anderson. Question called; motion passed with a unanimous voice vote. V COMMUNICATION AND APPEARANCE REQUESTS A. Review of request for extension of improvement deadline - Brasie lease. Mrs. Wallin read letter to Russell Gallagher, attorney for Mr. Brasie that his request for appearance before the Assembly had been set for September 2, 1976. Since Mr. Brasie or Mr. Gallagher were not in the audience at this time, this agenda item was held until later on the agenda. B. Letters re: Island Vista Subdivision property owners /KEA. Cover letter from Stuart Denslow was read in full re: electrical and related utility requirements summarizing letters received from the property owners, along with their petitions, submitted to the Borough Assembly for action. Based on requests for elec- tricar power service by Island Vista Subdivision residents in the Monashka Bay area, KEA proceeded on August 16th to construct a pole line down the existing road right of way of Marmot Drive, Ridge Circle, Island Circle and Harbor Way. A request by KEA had been submitted to the Mayor and Borough Assembly for authori- zation to use the road right of way for utility line purposes. Residents submitted •a petition on August 18th requesting a cease and desist order until proper authorization had been obtained from the Borough Assembly. A stop order was issued by appropriate officials to the contractor for KEA. A second petition dated August 20th was submitted by the residents of said subdivision for electrical, telephone and television utilities placed in the road right of way, and underground. Asked if the residents had considered the costs breakdown from KEA, it was stated that Mr. Cottle, one of the property owners, had been in communication with the n_ ghbor: - harm information from KEA officials, - p•••.� -+ sharing uva.wua.ivn from a+a.aa vaa.actxlu, copies of said communication placed in.Assembly members packets. Mr. Lincoln noted that no other action was necessary other than to act on the request of KEA for use of the road right of way. Mr. Cottle stated he was requesting that utilities be placed overhead, while other resident, were petitioning to go underground. He stated that the Alaska Statutes states that a use permit must be granted. (Section 42.05.251) Mr. Cottle stated that the conditions were not reasonable. He was given permission to quote KOTV that 3,000 feet of television cable that had been put undergroun in Russell Estates had been cut five times either by the City. Borough or contractor and that they would not place any more TV cable underground. The breakdown Mr. Cottle received was a cost of $22,000 for going overhead on power lines and $93,000 to go underground. KEA told Mr. Cottle they were interested in up- grading hte subdivision. Another property owner, Mr. Cliff David- son, spoke of the road conditions, felt this was a hurried job, experienced poorly planned utilities that presently exist and suggested that the neighborhood get together to utilize the situa- tion to the advantage of all with proper planning. It was noted there are 34 lots, 24 property owners and 10 residents in this subdivision. Mr. Anderson moved that the Borough Assembly take affirmative action on the authorization of the road right of way for utilities, baut that the Assembly receive the recommendations from Planning & Zoning before the Assembly determine whether it will be above or underground. Seconded by Mrs. Kavanaugh. Dr. Emmick questioned placing this item of business before P & Z be- cause of time involved. Other members of the audience who are property owners in the Island Vista Subdivision added to the dis- cussion of underground utilities and the granting of a permit to KEA, and a concern for proper planning. question called; motion carried 6 -1 with Dr. Emmick casting a NO vote. Mrs. Kavanaugh moved that the Borough Assembly instruct the P & Z to hold a special meetin- no later than Thursday of week (September 9) to get the pro. em settled, come to the Borough Assembly with the recommendation that the Assembly hold a special meeting at the very earliest opportunity, setting Friday, September 10th for the special meeting{ Motion seconded by Mr. Peotter. Question called, motion carried by unanimous voice vote. C. Letter from Bells Flats Natives Incorporated dated July 22, 1976 read in full by Mrs. Wallin, requesting Kodiak Island Borough take no further action that would tend to compound the question of land ownership in the Bells Flats area. Mr. Harry Carter, acting as interim director of Bells Flats Natives, Inc. for any negotia- tions which might take place was present. stating he would help solve problems of land ownership in Bells Flats. He stated that the President, Mr. Theodore A. Velanis was extremely negative of making any approach negotiations and settlements, and felt that his village will be certified and that his village will receive title to those lands. He offered a willingness to sit at a nego- tiating table, hoping to come to some terms. Mr. Peotter moved that this letter and the letter from Ouzinkie Corporation and the letter from the Leisnoie, Inc. be forwarded to the Borough Attorney for his opinion as to whether or not we are in a yositior. to negotiate at this time. Seconded by Mrs. Kavanaugh. Question called, motion carried by unanimous voice vote. A. At this time, Mr. Brasie and his attorney, Mr. Russell Galla- gher were present to present their case. Mr. Gallagher stated that Mr. Brasie's was a fair lease, that he simply was not able to comply with the constraints of the lease. He did recommend that he would assist in getting financing with his contacts. He was hopeful that with his efforts, and those of Mr. Emmett Wilson, that the financing, if the Borough agrees to an extention again, will be forthcoming. He presented to the Assembly members a lec- ter from Mr. Wilson stating that Mr. Brasie has expended a lot of time and effort on the project. A breakdown of costs was also presented of expenses that were incurred by Mt. Brasie in pursuit of this project. His request was that he have until January 1978 to develop the property. Mr. Lincoln stated that .u. Wilson was requesting 1% years extention.in order to finance the project. Mt. Anderson stated that Mt. Brasie failed to hold the conditions of the lease, therefore, it is in default. The Assembly then took action not to grant any more extentions. Though the Assembly was sympathetic, there was a legal technicality to deal with where the Assembly could not issue another lease until a certain time period passes. Dr. Emmick stated they should stick to the terms of the lease. According to the Statutes the only thing to be done would 1 worry istimp f `sSEt�L L TtI C, Septem' - 2. 1976 page 2 0 9 9 n n 7 7 KODIAK ISLAND B OROuGH ASSEMBLY MEETING, Septemoer 2, 1976 Page 3 be to renegotiate. At present, 55 -year leases are not being nego- tiated. Dr. Emmick commented that at the time when the Assembly decided to "stop the thing ", Mr. Brasie had done a minimum of de- velopment as far as the property was concerned. For this large a project, not much progress had been made, as far as actual devel- opment is concerned. Mr. Lincoln noted the Ordinance 18.48.060. He also stated that the Assembly does not have a right to grant an extention. It might be that if Mr. Brasie would submit a new de- velopment plan, taking into consideration those things that he now knows, that a few years ago he did not know, the Assembly might reconsider a new 55 -year lease with a new development plan. Accor- ding to the Ordinance, the Assembly cannot give Mr. Brasie an ex- tention after declaring him in default. Mr. Lincoln made a motion that the Assembly refer this matter to the Borough Attorney or an opinion as to our legal right to extend this lease, and if not, what alternatives may be open in reapplication for the 55-year lease. Mr. Anderson seconded the motion. Question called; motion carried by a unanimous voice vote. VI PUBLIC HEARING A. 2nd Reading and Public Hearing on Resolution No. 76 -45 -R re -s..'. lating to the acquisition by Kodiak Island Borough of the power to provide recreation facilities in the Borough area outside of the cities. Resolution read by title only by Mrs. Wallin. Regular meeting was closed, public hearing opened. Martha Atwell, member if the audience, asked what the intent of the Borough was for es- tablishing recreation outside the city. The Assembly stated there was none. Question: if it was established, who would it be under? What department head would it be; Borough Planner? Dr. Emmick stated that they were missing out on State and Federal Funds be- cause there was no recreation department. Without powers, the funds could not be applied for. Meetings were held with the City Council to see if they wanted a joint recreational department. At the present time, they wanted to keep on with their own. If recrea- tional facilities were to be established, would they be financed by the Borough? At this point there is no way to get Federal funds, however, if these were established, the Federal and State Funds would be worked through the Borough. Mr. Peotter stated that if the people petitioned for a park outside the city, it could not be granted as the Borough has not been given funds by the State. Pub- lic hearing was closed, regular meeting reconvened. Mr. Lincoln moved to adopt Resolution 76 -45 -R. Seconded by Mrs. Kavanaugh. Question called; motion passed with a unanimous voice vote. VII OLD $USINESS A. Letter was read from Mr. Hank Pennington, Chairman of OCS with revised Bylaws attached. Mrs. Kavanaufth moved for approval of the C proposed revisions of the Bylaws of the Kodiak Island Borough OCS ouncil. Seconded by Dr. Emmick. Mr. Lincoln stated that the Borough Assembly did not want individuals, corporations or Associ- ations that are named as members of this Council. He asked for clarification, as it seemingly had been turned around. Mrs. Wallin stated that time and time again it was requested that someone from the Fisherman's Association be appointed, however, they have not.. been appointed, as yet. Mrs. Kavanaugh suggested that the Mayor again be asked to appoint these gentlemen to the OCS Council be- cause the oil drilling is going to be going on in their territory. She asked - that the Assembly urge the Mayor to appoint the names submitted by the processors, shrimp trawlers and Coast Guard. Hal Lincoln stated that he felt that the Borough had originally stated they did not want specific organizations named for this Council and that now the Borough had changed its position and was now asking that specific organizations be admitted to the Council, stating this was dangerous. He felt that an approach to the Mayor should be through the voters. It was agreed by the Assembly that this had been their original stand toward the OCS Council. Mr. Anderson asked Mr. Denslow for clarification why the whole aituation could not be abandoned; redraft an ordinance, a2Poin; U.e r/nf ers as an Assembly and maintain complete control over the OCS Committee at the discretion of the Assembly. A question was asked about the Grant expiration. Mr. Denslow stated that there would probably be an extention until the end of December, 1976. Mrs. Kavanaugh re- quested a work session be held before the next grant becomes available and if necessary, revamp the entire ordinance. Mr. Anderson stated it is incomprehensible that the As.:ambly's hands were tied because of personality conflicts which he felt was the major issue. The proposed revisions to the Bylaws of the Kodiak Island Borough Couter Continental Shelf Advisory Council were read in full by Mrs. Wallis Question called; motion passed with a unanimous voice vote. B. Letter read in full by Mrs. Wallin re: Island Lake Area Water and Sewer Service Study and Plan. Mr. Denslow indicated that in the absence of the Mayor, he telephone Community and Regional Affairs regarding the grant availability. They indicated that this was no longer available but suggested the matter be discussed with the Department of Environmental Conservation, which he did. They indicated they have a program which would be useful in dealing with the sewer situation, but not the water. The materials have been requested from the Department of Environmental Conservation, but no guarantee of funds are available. Dr. Emmick moved that they award the contract to Tryck, Nyman and Hayes for study. Motion seconded by Mr. Lincoln. Mir. Lincoln asked where the money was going to come from? Mr. Denslow advised that the Borough had a Land Sales Fund. It would be appropriate to invent some of the monies in a study of this kind since it relates to land develop- ment problems for which that fund was generated in the first in- stance. Question called. Motion passed with a unanimous voice vote. C. Use Permit requested by YA.IA at the August 11, 1976 meeting was reviewed. Mr. Peotter moved for the e%:option of the use permit. Seconder by r' Anderson. Mr.. St Aces of the School Dis- trict, stated that there was one mirot charge - that being to delete the house. Mrs Kavanaugh asked what :'es going to happen to the house? At the present time, the house is now rented but will be vacated; that the school would like to use it for travel- ing coaches. This Use Permit was drawn up in a work session at the request of the Mayor by Mr. Greene and the School Board. A final draft (corrected copy) is to be submitted to the Borough Assembly at the special meeting. It was agreed that the house would remain in the hands of the School District. Question called. Motion passed 6 -1 with Mrs. :Cavanaugh casting a NO vote. VIII NEW BUSINESS ) 0 1 1 2 (1 1 7 KODIAK ISLAND BOROUGH ASSEMBLY MEETING, September 2, 1976 Page 4 A. Summary of Tax Adjustment Request was presented by Ed Haney, Assessor for approval for deletion and /or addition to the follow- ing: Island Resources, Al A Lois Hausman, McCormick Rentals, Sam Baugh Bio -Dry, NEFCO, Sea Land and Sheffield Enterprises. Total deletion from TCA 8 Fire District, Real Property amounted to $858.86; Bill to the City of Kodiak for Personal Property in the amount of $6,553.46. Sandra Kavanaugh moved to approve the list of adiustments. Seconded by Dr. Emmick, Ouestion called; motion carried by unanimous voice vote. B. Letter from Planning Department, Stuart Denslow re: City of Kodiak request to acquire Lot 10, Block 6, Leite Subdivision was read by Chairman Wallin which was dated August 27, 1976. A letter had been received from the City to acquire this property in an effort to improve traffic capacity and safety at the intersection of Kouskov Street and Mission Road. The present Y -type intersec- tion is of poor design and a continuing traffic hazard, it was pointed out. Recommendation came from the Planning Commission to consider the sale of said property at a price determined by the Assembly. Motion was made by Mr. Lincoln to instruct the Borough Mayor to negotiate a sale price with the City of Kodiak for this transferal of Lot TO of Block 6 of the Leite Addition 1 1 1 2 1 fl 3 7 q KODIAK ISLAND BOROUbct ASSEMBLY MEETING, September 2, 1976 Page 5 for the appraised value with the restriction in the sale as out- lined by the Borough Planner. Seconded by Mr. Peterson. Question called; motion carried by a unanimous voice vote. C. Resolution No. 75 -47 -R approving the final plat of Subdivision of Lot 1, Block 1, USS 3218, Shahafka Acres Subdivision - Carl Erickson presented. Mrs. Kavanaugh moved to adopt Resolution No. 76 -47 -R. Seconded by Mk. Peotter. Mr. Peotter questioned road right of way and utility easements. A report from the Engineer stated "subdivision meets Borough requirements except for minor additions of information. Approval recommended." Question called. Motion passed with a unanimous voice vote. D. Election Judges to be ratified for the October 5, 1976 General Election presented. Mr. Anderson moved to ratify the listing of names as presented in packet. Seconded by Mrs. Kavanaugh. tir. Lincoln stated he would like to see the establishment of a new precinct for the Bells Flats area to be located at the Base Ele- mentary School. The residents from that area have to drive 17 miles into town in order to vote. Although Coast Guard personnel are unable to vote for a Borough election, and since a precinct is already established on the Coast Guard Base, it was requested that Election Judges be obtained and permission for Bells Flats area to use the Base Elementary School. Question called on motion, Carried by unanimous voice vote. E. Statement for professional services rendered from Cole, Hartig, Rhodes, Norman & Mahoney in the amount of $1,232.84 was presented. Mrs. Kavanaugh felt that the attorney fees should be watched more closely. Statement which was requested by Chairman Wallin was for information only. No action needed by the Assembly. F. Financial Report 1975 -76 General Fund. This was the year -end report from the auditors. Nr. Lincoln requested a monthly report (July and August) be presented at the special meeting as an agenda item from the financial department. IX MAYOR'S REPORT Due to illness in the family, the Mayor was not present to make a report or give comments. X ASSEMBLY COMMENTS A. Dr. Eanick felt that the Assembly did not take the action needed and felt it was time to stand up and take action rather than to "put off ", i.e., Island Vista Subdivision problem. Mr. Lincoln agreed that the subject matter was passed on the Planning & Zoning when they do not have anything to use as a guideline for the type of situation of placement of utilities within easements. The final authority will lie with what KEA caR pr cannot do which will be with Alaska Public Utility Commission. Mr. Lincoln moved to rant the right of way and let the placement be determined between the land owners and /or the Alaska Public Utilities Commission and asked ' for reconsideration of the Island Vista Subdivision and KEA's request for right of way. Dr. Emmick seconded the request. Ques- tion called on request to reconsider. Carried with a unanimous voice vote. Dr. Erick moved that the special permit be ranted for placement of the utilities in the Anrnnah rieht of + st + arc- the permit and the special conditions of the permit be worked out by the Planning and Building Department and subject to review by the Mayor. Seconded by Mr. Peterson. A question was asked if the motion was to assume overhead installation. Mr. Lincoln stated that the discretion should be left up to KEA and Public Utility Commission; that the permit be to use that right of way and the conditions within that right of way. Question called. Motion failed 5 -2 with the followin roll call vote: Xavanaugh NO. Eric- , Anderson, Nt; Linco n O. •eotter, PTO; •e terson, YES; Wallin, NO. n 1 1 2 3 n KODIAK ISLAND BOROhud ASSEMBLY MEETING, September 2, 1976 Page 6 Mr. Lincoln moved that a right of way permit be granted to Kodiak Electric Association, and that the details of the use of that right of way permit be outlined by the Borough Planner to include, but not limited to, relocation of utilities, condition of clean -up after work is completed and EFt th ?.s permit be reviewed and approved by the Borough Assembly at the next special Assembly neeti meeting on the 10th of September. Seconded by Mr. Anderson. Question caltrd tion carried by unanimous voice vote. Statement was made by Mr. Lincoln that at the last Assembly meet- ing it was requested by a motion that a status report for permits and exceptions be prepared and presented to the Assembly on a monthly basis by the Building Inspector. Request was made that the Borough Clerk remind the Building Inspector to report as to the status of the uses or report to the Assembly with a sentence "No report at this time ". Mr. Lincoln further noted that information on Lynn Grothe or the Ogden case were not included in the Assembly packets. The chair requested the Clerk to have correspondence from the attorney available at the September 10th work session as to the status of these items. It was also requested that the building Inspector be present to answer questions on these issues. Mr. Lincoln objected to the way the appointments to the OCS Council were being handled. He restated a personal dissatisfaction of the OCS situation of getting fishermen which is the heart of the com- munity on the Council and having to do what the Assembly did not originally want to do as far as private corporations and individ- uals being appointed. Mr. Peotter stated that the Municipal League was attempting to have the School District and Assembly meet four times a year. As a re- sult of the budget action, considerable funds were made for the School District, there was a concerned voice by the Borough Assembly that certain things be taken care of, program cuts not happen, etc. If possible, a meeting should be set posAibly by November 1 with the School Board to find out what the changes were. Mr. Peotter asked the Business Manager of the School District for a break -out and amendments made as a result of the change, and would like a joint meeting to see what is being done. Mr. Peterson would like to have a status of the Comprehensive Plan now that a Borough Planner is aboard since this is a very important topic considering some of the land problems and other municipal problems. 2. He concurred with Par. Peotter that a joint meeting of the School District and Assembly be held on a periodic basis. Basic agreements were made between the Assembly and School District regarding the School District budget that have not been followed through on. 3. Stated his appreciation for the action taken by the Assembly on the Cottage Home program on behalf of KANA. Mrs. Kavanaugh noted frlm the August 11, 1976 minutes, page 6 = regarding a report of the Comprehensive Plan from Planning & Zoning. Mr. Denslow gave a progress report stating that "up date" of the Comprehensive Plan was not the appropriate term, but to produce a new regional development plan for the Island. P & Z will be hold- ing a study session on September 14, 1976 at which time they will go over the outlined details of the work program-:to the new plan. They will then report to the Assembly. The Development Plan has been outlined with the idea in mind that two financial sources were available to pay the costs of producing the plan over a course of approximately one year's work time; one year from the day the finances are made s. 'ea1 "Ain Thg assumption that the major portion of the money will be coming from the Economic Development Adminis- tration and the lesser portion coming from the Department of Housing & Urban Development by a ratio of about 4 -1. Approximately $60,000 from EDA and about $15,000 from HUH. An important .slue being discussed is how to develop a relationship between the vari- ous bodies interested in and contributing in order to make the process valid. Input from both the Assembly and City Council is needed for policy concerns but the technical issues are the 2, 1976 Page 7 =tube istiabls&ovbn?+sa durite Tnac. SaOtemb responsibility of the P & Z Commission, OCS Council and the Overall Economic Development Committee. In short, a work program is out- lined, a request for funds from two supportive agencies an.: a gen- eral theme for the interrelationships between ;;he various policy groups and technical cotmnitties that will be responsible for carry- ing it out. Re: Townhouse Ordinance - a date was set for September 17th at 4 p p.m. for a work sessioe of the P & Z and Assembly members and poasibl possible reorganizati)n of P & Z. Re: Dumping of garbage - Mr. Denslow spoke with the Building In- spector who is unable to determine the source nf garbage being notteeddthaththeuownergisnnotcto =blame in only was that of careless citizens choosing te use this particular spot for dumping. Mrs. Kavanaugh had one other complaint. She requested Assembly members to get together urging Mayor g to appoint vacancies to OCS Committee. Mr. Anderson: 1. Stated his disappointment in the Assembly in recognizing the difference between public hearing and public comment in allowing the meetings to get out of hand. It is one thing to be courteous and receive public comment on spei cnis s ues , he said, but another thing to allow the meeting to digress hearing situations. 2. He is desirous of the Assembly to develop a good working relationship with the School Board, becomi et . acquainted with the school situations prior to acting p B Req board ther.jointsmeetings of BorrooughsAsst the series of work Assembly and the School Board first with the Administration, then with the teachers and thirdly with the general public as a publi: hearing on the school system, the inadequacies with itor just general comments or concerns that people may have. 3. There is a severe health hazard problem with respect to rats. Instructed the Clerk and Planner to update by contacting the City and any ether -esources at hand as to what exactly is being 3uue to date or. rat control so that the Assembly may take app= opritt: action. Mr. g Linc o ln'72 - quested the Clerk to write the State Sanitarian to get g from him as to the status nf the situation. Mrs. Wallin: In a z m e a t d w i th the at meeting, meet Board t if the m if nhy if they can meet `he day before or the day after. A work session is to be set up with the City regarding the tax on September 20th ly at'6 p.m. Instructed the Borough Clerk to send out a monherably schedule as to work sessions end /or monthly meetings - pref by the 10th of the month. In the August 11 Assembly minutes, Afognak Lumber Mills Tideland Lease application was read stating an interim solution forremovving the already cut and downed logs oaf Afognak; a temporary rn tidelands permit is beir_g considered. Questioned who is consider- ing it and what? Re: 0i1 spills in Ouzinkie ■ action was to come back to the Sept- ember 2 meeting of Assembly. Again, the question was asked as to what y by Borough School officials ? stated their request. Rd: had been tubmict:d a.,.. ris tt the ntnl Bav Borough ■ no report has beer. gi i. Assembly •-' the - -- monthly, as to given. Assembly needs update of things happ ^tang. 7 what action is needed. Re: Extended Care Unit of Kodiak the awarding Island Hospital. il. An te m ap I - to the Assembly eared in Kadiak Ties g d the for fit was noted that the bids were to come back 7 approval and review. The question was asked by whose power and ) 0 1 1 2 ) 0' 1 KODIAK ISLAND BOROUGH ASSEMBLY MEETING, September 2, 1976 Page 8 and what right was this contract awarded? tir. Denalow responded that the Feds in the State required "a letter of intent" from the Borough be presented before they would provide additional funds over and above that which were conditionally provided for the project. A statement of sincerity was to be established that the facility would be built before they would provide the additional $500,000. Correspondence was received August 30, 1976 that as a result of the letter of intent, they had provided the additional $500,000. Neal & Company were named, however, it was explained they did not get the award, o nly the letter of intent to award, being the low bidder. Assembly members, feeling this was an Assembly project, ehould make the decisions and requested the presence of the Borough Mayor at the Special meeting on September 10th. XI AUDIENCE COMMENTS A. Nell Waage inquired about the annexation with the Coast Guard Base, Bristol Bay and Chiniak. It was stated that the former Commanding Officer at the Coast Guard Base was against it: the Mayor was waiting for the new Commanding Officer and is still working on this. XII ADJOURNMENT Meeting was adjourned at 9:45 p.m. ough or Clerk 777 • NOTE: At the request of Mrs. Wallin on September 3, 1976 the meeting scheduled 19 Ssptipaber was changed to September 13, 1976 at 4 p.m.