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1969-07-23 Regular MeetingIfiinutes of the Kodiak Island Borough Assembly Meeting of July 23, 1969 I CALL TO ORDER The meeting was called to order by Presiding Officer Don Bullock at 7 :35 P11 in the Courtroom of the State Office Building. IT ROLL CALL III I.1I TT2ES OF THE PREVIOUS iiEETING fl Present Don Bullock, Presiding Officer Don Arndt Jo hajdu, Borough Chairman Jim Barr (late arrival) Betty Springhill Ed Naughton (late arrival) Also present: Roy Goodman, City Manager, J. L. Stansbury, Building Inspector Gene holliday, Fire Chief, Robert DeVol, Sanitarian, about 35 members of the public in the audience. Minutes of the July 3 meeting were brought up for approval. Mr. Bullock had one correction, that being that the heading should include the word "Assembly ". There were no other corrections or additions, and the minutes were approved as corrected. IV MINUTES OF OTHER i 1 EETINGS 11r. Bullock asked if there were any corrections or additions to the minutes of the meetings of the School Board and the Planning and Zoning Commission. There were no comments. V COMMUNICATIONS AND APPEARANCE REQUESTS A. Invoice for Special Assessment from Alaska Municipal League, $215 Mrs. Hajdu explained that the Greater Anchorage Borough has dropped member- ship , and the League has assessed other members to make up the loss of revenue. The assessment to the Kodiak Island isorough is for $215, and that we could either take this amount from the contingency fund or the hospital fund. It was noted that the Greater Anchorage Borough had a disagreement concerning the Public Utilities Commission, but it was felt that perhaps this disagreement would be worked out and once again resume membership in the League. On the recommendation of Mrs. Hajdu, it was felt that the Borough should pay this assessment. Mrs. Springhill made a motion that this amount of $215 be taken from the contingency fund to supplement the payment to the Municipal League, Jr. Arndt seconded the motion, and roll call vote was unanimously in favor. B. Letter from Crittenden re Proposal for Survey Work, Ouzinkie School. Mrs. hajdu read the letter from 11r. Crittenden requesting the approval of survey contract with Barr & Associates. The proposal was in the lump sum of $1,900. It was moved by i1r.. rndt and seconded by Mrs. Springhill that we accept this proposal. Tide vote was unanimously in favor. Mrs. Hajdu will notify Mr. Crittenden in writing of our concurrence. VI. PUBLIC BEARINGS A. Ordinance 69 -8 °0 Amending Borrow Site Ordinance (Assembly) Mrs. Hajdu read the ordinance in full after which Mrs. Springhill moved that Ordinance 69-8-0 Amending Borrow Site Ordinance be adopted. Mr. Arndt seconded the motion, and the Presiding Officer closed the meeting and opened the public hearing. There was some discussion from the audience on the price and bond- ing requirements. It was noted that the price was the same as the going price throughout Alaska and that there would be another bond requirement. The public hearing was closed and meeting opened, roll call vote was unanimously in favor. B. Ordinance 69 -19 -0 rezoning Lot 11, U. S. Survey 3098, Public to Unclass- ified (P &Z) (Case 214-A) Mrs. Hajdu read the ordinance in full, Mr. Arndt moved for adoption of Ordinance 69 -19 -0 Rezoning Lot 11, U. S. Survey 3098, Public to Unclassified. Mrs. Springhill seconded the motion, and the meeting was closed; public hear- ing opened and after little discussion, the public hearing closed. The meet- ing was opened, question was called and roll call vote was unanimously in favor. Minutes July 23, 1969 page 2 C. Ordinance 69 --20 -0 rezoning Lots 9, 10, 11 and 12, Elk. 3, U. S. Survey 3219, and Lots 1 & 2, Llk, 1, Miller Point, 1st Addition, Unclassified to Business, D. Arndt. (cute; Arrival of {ir. aughton) Mks. . U ajdu read the ordinance in full, after which Mr. Arndt inquired if Firs. hajdu had clarified the question of his vote on this issue. She replied that she had checked with Mr. Madsen and he advised her that Mr. Arndt would be required to vote in the case if protests from people owning 200 of the property immediately abutting, surrounding or adjacent to sir. Arndt's property in question. A petition for rejection of rezoning was read into the record consisting of 15 signatures and the map 'r.s studied - tc locate this property and surrounding properties. It was determined that there was not a protest from the owners of 20% of the rectuired area. Mrs. Springhill moved for adoption of 69° -20. -0 Rezoning Lots 9, 10, 11 and 12, ilk. 3, U. S. Survey 3219, and Lots Y& 2, Blk. 1, Miller Point, 1st Addition, Unclassifie<._ to business, D. Arndt. Jr. Laughton seconded The motion, an& the meeting was closed, public nearing opened, at lush time opinions from the audience were heard. A representative from the Island Lake area said that it was the general opinion of home owners in that immediate area that this business expansion would down-grade the property and the overall area; that this area was no place for commercial zoning. Another intere.:ted person said he certainly had no objection to this rezoning request and that he lived at island Lake. One person raised the question of "spot zoning,` and isn't the Borough trying to eliminate this. The public hearing was closed, meeting reopened, and discussion followed, ;Mt. Bullock felt that to allow this to be reBane as business c : be in conflict with the comprehensive plan and would be classified as "spot zoning," something that whould be avoided. It was noted that if this were rezoned to business, there could be no trailers allowed. rip. Arndt felt that he needed this rezoning to expand his present business. The question was called. Fr. Barr arrived at this point and asked if he could refrain from voting, since he had not heard the public comments. The Chair so ruled. Roll call vote was as follows. Mrs. Springhill, yes,- iAr. Naughton, yes; and i!r. Bullock, , No. Motion failed for lack of a majority, Mr. Arndt abstained from voting. The vote was 3 -2, D. Ordinance 69 --23 -0 Rezoning U. S. Surveys 3471, 3472, 3473 and 3474, Con- servation to Unclassified (P &Z). Mts. hajdu read the ordinance and noted that this was a "housekeeping" item. Iirs. 5prin °;hill moved for adoption of Ordinance 69-23-0 rezoning U. S. Sur- veys 3471, 3472 3473, and 3474, Conservation to Unclassified, followed by lip. Naughton's second. Meeting closed and public hearing opened. There being no comment, the public hearing closed and meeting reopened. Mr. Barr pointed out that if we did this, we would then have to allow people to subdivide, and we cannot do that since there are no utility services provided in that area, and this would conflict with the ordinances, he felt f we should encourage these people to seek exceptions to the present zoning, thereby eliminating future problems with subdividing. The question was called, and the roll call vote was Arndt yes, Barr, no; Bullock, no, Naughton, no; Springhill, yes. The motion failed (4 -3). Mr. Barr moved that the Chairman prepare a Variance reducing a set - back to 50 feet, Mts. Lajdu noted that a Resolution will be drawn to that effect. air. Arndt seconded the motion, the question was called, and roll call vote was unanimously in favor. L. Ordinance 69-24-0 rezoning Lots 7 and 8, Llk. 48, Last Addn, R -1 to Unclassified, L. Deville. At. hajdu read the ordinance, c•ir. Barr moved for approval of Ordinance 69-24 --•0 rezoning Lots 7 and G, bik. 48, Last Addn., R -1 to Unclassified, h. Deville, in second reading, 'At. Naughton seconded the motion, and the meeting closest, public hearing was opened. There were comments about enforcement of storage of crab pots in the area, and if these were zoned unclassified, was there anything the borough could do to insure orderly storage of crab pots. The Borough Chairman pointed out that the Borough cannot enforce the manner in which storage is made. The public hearing closed and meeting opened. Mr. Arndt asked to abstain from voting since he has an interest in the property in the area. It was so granted by the Chair. The question was called, and roll call vote was unanimously in favor. Minutes, Addition to July 23, 1969 KIB Aspeldflyi a 1 `' F. Ordinance 69 -15-0 amending Chapter 6, Disposal of Real Property (Assembly) Mrs. Hajdu read the ordinance, Mr. Barr moved for adoption of Ordinance 69 -15-0, amending Chapter 6, Disposal of Real Property, and Mrs. Springhill seconded the motion. The meeting was closed and public hearing opened. There being no questions, the public hearing was closed and meeting opened. The question was called, and the roll call vote was unanimously in favor. 1 4 7, Minutes July 23, 1969' G. Ordinance: 69-16-0, Continuee - eublic hearing, Approval of Fire Service bistrict budget, 1969-70. A work session was held between. the Fire Liervice Advisory Board and the borough Assemblv on July 9, and it was their feeline that a full time Fire Chief should be retained. The total re-canmeneed budget is in the amunt of $29,169.76. :ars, hajeu eave the breakeam and pertinent background material. meetine closee, public hearing opened, and there was some discussion from the audience that the position of full tiee firechief should be elimin- ated and also that a building could be set ',If in the area of the beachccrnbers thereby providing ser.vice closer to the area. Irs, Lajdu reminded everyone again of the fact that the adjuster will be in tam in the very near future to review the matter. er. Barr reointed out the fact that it was part of our agreement with the City and the i..]aval Station that we could call on them in the event of an emergency and they, in turn, could call uron use by eliine ating the position of Fire Caief, ere would be jeopardizing our agreement with these departments. ..Lhe public hearing closed, and meeting opened. Ars. Springhill felt that these pe.ople who set u; the firc district wanted it knew that it would involve additional expense, ane. that now they were going to have to .itay for it, the agreement was that we would have a paiC, fireman. The question was called, and roll call vote was un in favor. h. Ordinance 69 Lstablisaing i"Iinizaum :Amount for Contract .1 ?es:ft:dring Bid. airs. hajdu read the ordinance, after which ifir. Barr moved, for adoption of Ordinance 69 7-0 I..staialishing Uinimunt Amount for Contract Requiring Ar. 1.4a.ughton seconded. the motion„ and the ineeting was closed and public hear- ing opened. There being no coements fror.: the audience, the public hearing was closed: and meeting opened. the question was called, and roll call vote was unanimously in favor. 5-Minute,- recess. The meeting reconvened at 10.05 PM. VII PLLG AaD Gi•EG A. Resolution 69-21 re Approval of Final Plat, Survey for Borrow Site Lease, Beater B. Resolution 69-22. R„ Approval of Final Plat, Survey for Lorrcw Site Lease, Wright and. l' C. Resolution 69-23-R, .pproval of Final Plat, Survey for Borrow Site Lease Large Mrs. hajdu pointed out that all of these resolutions were ''housekeeping' iteras, and thought eerhaps, since they were all of the same subject material, they could' be taken care of ta.fether. ;:•.a. Springhill made a motion that Resolutions 69-21- a, 69 and 69-23- -R,Ael of Final Plats, Surveys for borrow Site Leases for beater, 'erieht & tielLorn„ and Large, be approvee Jar. iaughton seconded tic motion, and roll call vote was unanimously in favor. VIII OLD bUSIhES,". eaeic 3 A. Reconsideration of 69-70 Budget. Ars. Springhill pointee out that she should like to call attention to the status of this elation. It was voted two meetings ago to lay this matter on the table and it was agreed, without vote, at the last meeting to let it raaain on the table. She referred to Loberts Rules of Oreter ;lotions that cannot be reconsidered- take fraa the table. Motions that cannot be de-bated, take free: the tale, motions that cannot be amended, take from the table. So, therefore the . .eescanbly must take this from the table, and could not take any action, on it. Ar. Bullock said that he was familiar with the rules, but that at the previous meeting everyone agreed that it should, be continued, that there would be an aeportunity to be heare on the eatter. Ur. Barr shoved that we lift it from the table to reconsider. er. Naughton said that recon- sideration of a 1110 tion that is tabled t is not taken care of at the adjourn meat of the net meeting dies. This was followed by lengthy discussion, after which Ur. Bullock noted that there was no second to the motion and under the present rules, the item will have to be taken from the tdele. ir. Barr noted that he intended to bring this subject up under Assembly Canents. B. Ordinance C9-22-0, ist Reading, Rules of Procedure Mrs. hajdu read the Ordinance by title only, the question was called, Barr moved for adoption of Ordinance 69-22-0, 1st Reading, Rules of Procedure, Mrs. Springhill seconded the motion, and it was approved in first reading. Minutes July 23, 1969 page 4 C. Ordinance B21-0, 1st Reeding, Dog Control iirs. hajdu read the ordinance by title only, followed by information from the Alaska Statutes on clog control. J irs . Springhill roved for adoption of Ordinance 69 -21 -0 in first reading, rir. Barr seconded, and the motion was approved in first reading. D. Letter from the Division of Lands re Cren to En try. irs. iajdu read the letter from the Division of Lands in which they say that they a.e only inquiring about general areas that should be considered for open to entry, excluding lands presently under lease or in private ownership. Mir. ivaughton moved that we accept and act upon the recommendations of the Planning and Zoning Commission recommendations. firs. Springhill seconded the lotion, and voice vote was unanimously in favor. E. Approval Crittenden Cassetta Hinza & Cannon Contract for i ew high School :-lrs. Hajdu recornrienuecu that we not accept this contract until we have had our joint meeting with the School Board on July 28. It was agreed that action would be taken after the meeting with the School Board. IX NEvJ BUSIN SS A. Appointment of Bob Henderson, ratification of, Fire Service District Advisory Board. Mts. Hajcu said that there now was a vacancy on this board left by _re Gregory. Mrs. Springhill moved for the ratification of the appointment of iir. Henderson to the Fire Service District Advisory Board. ii. Barr seconded the motion, and roll call voting was unanimously in favor. B. Approval of vouchers and expenditures for June Approval of vouchers and expenditures for June were brought up, and there were no comments, so they were approved as such. C. Ordinance 69 -25 -0, 1st Reading, Amending the Senior Citizens' Tax Deferment Mrs. Hajdu read this ordinance by title only. Mts. Springhill moved for adoption of Ordinance 69••25 -0, 1st Reading Amending the Senior Citizens' Tax Deferment. Mr. Darr seconded the motion, and question was called. The roll call voting was unanimously in favor. D. Ordinance 69- -26 - -0 Amending Ordinance 68•°24 - -0 by Defining Installation Costs and Establishi ecg Rates and Charges for ':'ater Services and Repealing Section 4 Thereof. irs. Hajdu read the ordinance by title only, Mrs. Springhill moved for adoption of Ordinance 69- --26 -0 Amending Ordinance 68 -2' 0 by Defining Installa- tion Costs and Establishing Rates and Charges for ;'ester Services and Repealing Section 4 Thereof. iir. eaughton seconded the motion, and the motion carried unanimously in first reading, roll call vote. E. Approval of absence from meetings from 7 - - -17 thru 8--22, Assemblyman James Barr. i.ir's. Hajdu stater: that Mr. Darr had asked to be excused from these meetings earlier, however, now the dates had changeci from 8 - -7 t:: ru 3 -•21. There were no objections, so i1r. Barr will be excuse: from these meetings, as he will be out of town on these dates. X C :AI iAN S REPORT — Mts . hajdu gave a report of the trin rude Ly i lrs . Springhill and herself to the Mayor's Conference held in Fairbanks. She also told: in detail of their trip to the north Slope and of the developments occurring there. She pointed out two things of particular interest at the meeting in Fairbanks 1. They felt that the ilunicipal League should Le strongly supported and that it was far better to have a league that covered both city and borough for strengthened communications. 2. It was recercmended that the Lccal Affairs Agency be strengthened to a cabinet level department with head of agency to be on ASHA Board oi_ ; anu that they would be given the responsibility for assisting with Y:UD applications and following thru with ASHA on planning. If ASIA still vices not do this job in planning, they recommend planning coordination with HUD be placed entirely under local affairs. Minutes July 23, 1969 B. Mrs. Hajdu read a letter from HUD in reply to a telegram sent them by her requesting information as to which specific programs might be jeopar- dized if we do not have a building inspector. The letter listed the programs which could be affected and included the city's Workable Program which will expire March 1, 1970. She also brought out the point that Fairbanks is in the process of applyinc for Float Plain Insurance and finds in order to qualify for such, they are going to have to have a building code and enforce- ment program. They are beginning to develop this now. C. firs. Hajdu asked for a suggested date: on which the Borough could meet with the Planning and Zoning Commission to have a public hearing on the pro- - poseu Zoning Ordinance. It was decides that Thursday, July 31 would be Suitable. D. Mrs. "rajdu noted that the Planning and Zoning CoTj:ission has asked for an additional niember to the Coxr fission, as they are having difficulty at times getting a quorum. There has been no response to our inquiry from the villages, and because of bas weather, this might not be a good idea anyway, as there would be rrany tildes when that member could not rake it to town. Airs. Hajdu suggested the names of .iary i valheim, Clarlee brothers, and Jfrt Duros. There being no objection Firs. Hajdu. will contact these people to see if they can serve. E. Mr. Naughton asked firs. iiajdu for a report on the meeting with the offic- ials of the State Planning and highway Departments held this date. Mrs. hajdu g.ve the highlights of the meeting, saying, that no specific action had been taken. At this point lair. Naughton raised the possibility of having our grader operators retrainee, saying that he haC- spoken to people who were schooled in road grading techniques and that such schooling rakes all the difference in the world in the condition of the roads. It was discussed and decided that a resolution to that affect would be crafted. XI .ASSET IBLY CO 'IL S A. Llr. Barr at this time said that there were people in the audience who had spent a great deal of time and effort in preparing a presentation in support of the local building inspection program and he felt they should have an opportunity to be hear::. he then turned the time over to Dr. Blake iicKinley who, with the assistance of r. Tom Sweeny presentee a slide demon- stration of the i any, it ny buildings which had been condemned, showing the appalinc conditions which have existed in some of our buildings. This, in turn, brought a great deal of discussion from members of the Assembly and the audience. XII 1iDDIk4CL COME1.4TS XIII ADJOURLiaa • Mr. Naughton made a ?Notion to adjourn the meeting at 1A0 PH, Mr. Arndt seconded the motion, and the vote was unanimously in favor. ATTEST: APPFOVED: - ':7. // Acting Clerk Borough Chai th an page 5 A. For approximately two hours discussion ensued which portrayed the views of those in attendance. The Presiding Officer suggested that perhaps the solution of this lay with the public in the form of a referendum vote and that consideration should be given toward placing this item on the ballot.