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11/05/1965 RMKODIt K ISLAN BOROUGH ASSEMBLY REGULAR MEETING - NOVEMBER 5, 1965 I Call to Order The meeting was called to order in the magistrates court, Donnelley Bldg., Kodiak,Alaska by Presiding Officer Russell Wright at 7:45 p.m. II Roll Call Present Russell Wright Fred 3rechan Jo Hajdu (Mrs.) Eldon Lester Mathey Fitzgerald Wilton White - Borough Chairman Absent Also present: Clerk W.A. Sleness, Assessor John Cole, Attorney Roy Madsen, representative of the press Karl Armstrong and appoximately thirty people in the audience. III Minutes of Previous Meeting October 21, 1965 were read by Chairman White. The minutes were unanimously approved as read on a roll call vote. IV Minutes of Planning and Zoning Commission Meeting of November 3 were read. P t Z Chairman noted and requested minutes of Oct. 20 be changed to call to order at 7:45 p.m. instead of 8:45 p.m. Attorney Madsen called attention to Section V - Paragraph G as a request for rezoning to water oriented industrial noting that present zoning ordinance does not provide such classification and same should be changed to water oriented commercial. Chairman White stated this could be noted at the hearing on the application scheduled for December 1 and terminology be corrected at that time. Also, that the Clerk be directed to so advise the Commission by memorandum on proper classification terminology. Minutes were then approved as corrected by motion of Assemblyman Lester, seconded by Assemblywoman Hajdu. Carried unanimously by roll call vote. V-A Communications and correspondence was read by Chairman White pertaining to Holman's Garage report. After the reading of correspondence and the Borough Engineer's report on Status of this property there ensued general discussion on owner's future plans for the fire damaged premises and location of the business operated thereon. Chairman White called upon Mr. Cornelius seated in the audience for his comments on what the recommendation of the P Z Commission would be in this case. Yr. Bill Poland spoke for the audience to the effect that the P E? Z Commission felt that action on the matter was one of enforcement of current existing zoning regulations and had referred the whole matter to the Assembly. After further discussion Assemblyman Brechan moved to instruct the Borough Clerk to prepare a letter to Mr. Holman advising him of the current status of his property calling his attention to discrepancies and non - adherance to zoning requirerents. Also to request a letter reply from Mr. Holman with a statement declaring his intentions as far as the property was concerned; Assemblyman Lester seconded. Further discussion on the motion. Carried unanimously on roll call vote. V-B- Letter from Borough Chairman was read pertaining to verbal complaint of raw sewage flowing around a trailer parked adjacent to Tiny Cichoski on Mission Rd. Engineer's report was read. Discussion on the situation. Assemblyman Brechan moved seconded by Assemblywoman Hajdu that Borough Clerk be directed to address a letter to Mr. Don Coon, P.O. Box 971, Kodiak, Alaska to advise him that he has no permit to park a trailer in the present location; that he is in violation of the health requirements of the community and thirdly, that he takes immediate steps. and no longer than two weeks to rectify these conditions, and to advise the Borough by letter of what actions he has taken. Voice vote, motion carried. 0 1 KODIAK ISLAND BOROUGH ASSEMBLY NOVEMBER 5, 1965 Recess at 9:00 p.m. Meeting resumed at 9:15 p.m. Page 2 VIA Chairman White reviewed background correspondence on leasing of certain lands in USS 3511 to church groups for benefit of new assembly members. After general discussion it was decided upon suggest of Chairman White to withhold any action or requests for church leases until such time as overall area wide planning and rezoning has been accomplished. VI -B Case No. 31: The correspondence and actions to date re the Fritz DeVeau sanitation problem was read by Chairman White, After discussion and review by the Assembly, Assemblyman Fitzgerald moved and Assemblywoman Hajdu seconded that the cash bond posted by Mr. DeVeau be returned. By roll call vote the motion was carried unanimously. VI -C Miller Point final plat and Atter land sale. Chairman White read correspondence in connection. After discussion and expressions of attitudes by Assembly members a recess was called for 15 minutes to allow members opportunity to examine the brochure and maps of proposed land sale. Continuing discussion on Miller Point and other land sale. Assemblyman Fitzgerald moved and Assemblyman Brechan seconded to approve final plat on Miller Point as submitted by State Division of Lands, acceptance to be by letter of concurrence as requested. Further discussion, particularly as to status of lot 29, USS 3099 (former dump area). Question was called and motion was carried unanimously by roll call vote. Further discussion ensued on lot 29, USS 3099 of )sposed land sale. Motion by Assemblywoman Hajdu seconded by Assemblyman Brechan to amend acceptance and approval of final plat to withdraw lot 29, USS 3099 for further study of uses and implications of rezoning from residential to commercial. Motion carried by voice vote. VII -A Ordinance 65 -6, rezoning portion Baranof Heights, reading of Ordinance and discussion. Assemblyman Brechan moved, Assemblyman Lester seconded, for adoption on second reading. Before a vote on the motion, the meeting was opened for audience participation as a public hearing upon opinion of counsel. Public hearing was held and concluded. Roll call vote on adoption under second reading carried unanimously. Assemblyman Brechan then moved, Assemblyman Lester seconded, to suspend the rules and to advance Ordinance No. 65 -6 to third reading and to be read by title only for adoption. Motion carried unanimously by roll call vote. Further discussion on posting of bond before approval of final plat. Ordinance 65 -6 adopted. VII -B Ordinance 65 -7, rezoning portion of Aleutian sub - division. After reading of Ordinance Assemblyman Brechan moved for adoption of Ordinance 65 -7 second reading, seconded by Assemblyman Hajdu. At this time motion was opened to public hearing. hr. Gene Sundberg speaking from the audience read a petition signed by 29 people of the Carlson Hill area against Ordinance 65 -7. A heated, lengthy and lively discussion then ensued revolving around Mr. Perez, proponent of the rezoning petition, and various members of the audience. At conclusion of public hearing, Assemblyman Brechan with consent of his second, withdrew motion to adopt Ordinance 65 -7. After some further discussion Assemblywoman Hajdu moved that action be deferred on Ordinance 65 -7 to the next meeting of the Assembly. Assemblyman Brechan seanded, notion carried by voice vote.. I:ODIAK ISLAND BOROUGH ASSEMBLY NOVEMBM1 5, 1965 Page 3 VIII �! Resolution 65 -28, Ramaglia final plat USS 1534. After reading by Chairman White, Assemblyman Lester moved for adoption, seconded by Assemblywoman Hajdu; under discussion Chairman White read recommendations of Borough Engineer James Barr calling attention to certain revisions to plat to conform with P & Z Ordinance. Further discussion on recommendations. Minutes of P & Z Commission hearing on the matter was read which indicated Commission approval with provision of technical corrections being accomplished to satisfaction of Borough Engineer. After the question, roll call vote was unanimous for adoption. VIII -B Resolution 65 -29 - Monashka Valley watershed. After reading by Chairman White, Assemblyman Lester moved and was seconded by Assemblyman Brechan for adoption. Motion carried by unanimous roll call vote. VIII -C Resolution 65 -30 - Final plat New Kodiak Subdivision Blocks 5 through 8. After reading, Assemblyman Brechan moved, seconded by Assemblyman Lester for adoption. Motion carried by roll call vote. IX -A Ordinance 65 -8 - rezoning Thorsheim subdivision, first reading. Without reading, but after some round table discussion on whether preliminary actions including documentation on P & Z action had been completed, Assemblyman Brechan moved, seconded by Assemblywoman Hajdu to table action to next meeting or until such time as the petition was presented with completed and documented action by P & Z Commission. Motion carried by voice vote. Recess called at 11:05 p.m. for 10 minutes. Meeting reconvened at 11:15 p.m. X-A Report of all members who attended Ketchikan Municipal League Convention. First to report was 1r. Cole, Assessor. Ur. Cole brought out that prior to reporting at the convention at Ketchikan he and Mr. Sleness called at office of Alaska Housing Authority to being resolution on status of Borough tax monies withheld by ASHA on properties within the City Urban Renewal area transferred during current tax year either.voluntarily or by condemnation. Results were that the Borough received a check in amount of $2,054.75 representing tax monies collected and held by ASHA. On the Convention, Mr. Cole remarked on benefits which will accrue to his department and the Borough as a result of his participation in legislative and other work sessions. Report from Mr. Sleness covered organization and purposes of the Municipal League and the direct application of League activities to Borough and City government. His comments also directed attention to the benefits in matters of operation and organization within the Borough administration which were brough out in discussions held with people from other Boroughs. Also, the matter of local concern on getting a community hospital under way and the steps required by the Borough was reported on in generalities including possibility of possible grant monies available from sources other than Hill Harris . Report from Assemblywoman Hajdu as representing the Assembly covered infortatio ,tshe had learned from other Borough Assembly members concerning problems of sanitation, also that queries and comparisons of budget with other Boroughs leds to conclusion that the Kodiak Island Borough budget appeared to be excessive. In this particular, the budget for Greater Sitka Borough with a population somewhat larger than Kodiak Island Borough was operating on an administrative budget of some $50,000.00 as compared to $120,000.00 for Kodiak. Her observation was that either the Citka people were operating under budgeted or that Kodiak was overspending. Also observed was an incipient power struggle between Alaska Cities and Borough governments which was disturbing, which, upon continuing observation and discussions clarified itself upon learning more the background to these relations. Assemblywoman fajdu's report generally expressed satisfaction on having learned much on Borough government operations which would be helpful in the future. I ,, KODIAL ISLAND BOROUGH ASSEMBLY NOVEMBER 5, 1965 Page 4 XI Borough Chairman's Report and Correspondence: Under this heading a report was heard from tr. George Cornelius, Chairman of Planning and Zoning Commission. Er. Cornelius expressed need for workshop meetings with the Assembly. Also, as a second point, it was brought out that the subdivision and zoning ordinances as they presently stand are not suitable to the needs of the Kodiak Borough. In this connection it was recommended that the Borough Assembly direct Borough Attorney and Engineer to take approximately ninety days time to revise these ordinances for submission and approval of the P b' Z Commission. 1'r. Cornelius also commented on need for review of administrative liason between the P €9 Z Commission and offered suggestions along this line. Also under this heading, Mr. Jim Barr, Borough Engineer reported on areas in planning and zoning in need of review and revision which were substantially along lines:reported on by Mr. Cornelius. .Chairman White then spoke informally and generally on his thoughts and plans under consideration to strengthen the posture of the Borough's Planning and Zoning function and in other areas. To accomplish this .Chairman White suggested the possibility of setting up two corrnissions at the proper time; one to review and come up with suggested revisions in the building code. These revisions to correct restrictuve provisions not compatible with the living conditions and area in which we live. The other to be designated as a planning coiimission whose function would be to work with professional planners to re -plat the City. Such re- platting to be consistent with todays and future needs. This Commission to be composed of five men who would be charged with presenting a comprehensive plan for the City and environs within six months or a year dependent upon the wishes of the Assembly. Chairman White called attention to provisions for funding such action in this years budget. Chairman White then commented briefly on some initial conversations with the City Manager on a program of sharing the services of specialized personnel in areas of concern to Borough and City. A building inspector agreement was indicated as one of the first to be entered into. Engineering services and sanitation officer would lend themselves to a similar contractual arrangement. Chairman White summarized administrative functions within the Borough as under his scrutiny to be reported on later as plans could be formulated. He also recommended a reduction in salary provisions presently authorized the Borough Chairman. This reduction being from $750.CO per month to $60.00 per month. In addition, Chairman White recommended reduction in salary authorized by budget for Assembly members from $100.00 per month to $3C.00 per month which is the same as City Councilmen. Chairman White also stated that he was going to look more to the Assembly in areas of operational control and policy than has possibly been the practice in the past. He also expressed his feeling that his travel, unless by concurrence of Assembly as to need, would be at a miniraun. This expression was made on the premise that competent members of staff directly concerned would be in better position to fruitfully serve the Borough. Again, Chairman White stated that he proposed to cut some of these provisions from the budget. In the area of recently acquired office space Chairman White stated that he had not signed a lease for this space and intended to review the need for additional space in light of the Assembly's wishes or desires as to what level Borough activities are to continue. 0 ,, I 1 KODIAE ISLAND BOROUGH ASSEMBLY NOVEMBER 5, 1965 Page 5 Chairman Uhite concluded his report in summary comments particularly in the area of cooperation between the Borough and the City. Finally, Assemblyman Brechan asked that copies of these general proposals be made available to the Assembly for study. XIII Under audience participation, Rev. Childs commented on progress status of Hospital committee. Karl Armstrong representing the press commented on reports of other areas presently interested in available Federal hospital funds. XIV Under Assembly comments: assemblyman Brechan moved and Assemblyman Lester seconded that; the Borough direct a letter to State representative air. Poland and to Ctate Senator Owen requesting legislation to provide for lands sold by State Division of Lands be on a fixed price and for drawing instead of under auction as is the present practice. Potion carried on unanimous voice vote. Also under Assembly comments, Attorney toy Eadsen requested clarification of terminology in petition to Local Affairs Agency for hospital powers, viz, was it the intent of Assembly to assume area wide functions in the Health field or is the petition to be for hospital only? Clarification was by discussion as being intent to limit to hospital field only. The meeting was adjourned by the Presiding Officer at 12:15 a.m. November 6, 1965. TO: FROM: SUIJ: 3 Item Assembly Action IV Reading of P Z Minutes for November 3 uncovered in Section V paragraph G an error in classification terminology. V : Holman's Garage report. After reading and discussion Borough Clerk was directed to prepare letter to Nr. Holman 'Requesting his future plans for the property and advising him of zoning requirements. V -I3 Correspondence and report from Borough Engineer was read. Assembly directed that Nr. Coon be asked to correct within two weeks the infractions of zoning ordinance and advise Assembly of his actions. VI Case Ho. 31 re the Fritz DeVeau bond, after discussion it was moved to return $500.00 bond posted by Mr. DeVeau. VI -C Miller Point Final plat approval was passed after amended to withdraw lot 29, USS 3099. EODIAH ISLAND BORD UGH ACSTII2LY /:CTIONS SUr1 .RY All Departments and Divisions Borough Clerk Assembly meeting of November 5, 1965 VI -A The general overall aspects pertaining to church leases were reviewed and with concurrence of Assembly it was agreed to withhold action until such time as planning and zoning of these properties had been accomplished. VII -A Ordinance 65 -6 rezoning of None required. 3aranof Heights passed on second reading and advanced to third reading and adopted. Developer to post bond in amount of $84,450.00 before approval of final plat. November 5, 1965 Action Needed by Administration The Clerk will direct memorandum. to P is Z Commission advising that Zoning Ordinance does not include a classification entitled "water oriented industrial". Schedule for next Assembly meeting agenda for clarifi- cation by Attorney. 3orough Clerk will prepare letter. Clerk will prepare letter. None required. Borough Treasurer will prepare remittance in amount of $500.00 and transmit same to Air. DeVeau. Borough Clerk will compose reply to State Division of Lands stating concurrence as requested with amendments as acted upon by Assembly. Item VII -B ASSELDLY ACTIONS SUM= - November 5, 1965 Assembly Action Ordinance 65 -7 rezoning portion of Aleutian Homes Subdivision from P1 to a3 was tabled for action at next regular Assembly meeting. VIII E: Resolution 65 -28, Ramaglia final plat - USS 1534 was approved. VIII -D resolution 65 -29 Iionashka water- shed classification was approved. VIII -C Resolution 65 -30 New Kodiak Subdivision read and approved. IL A Ordinance 65 -8, rezoning Thorsheim Subdivision tabled to next meeting. A I'_etchikan convention delegates reported. Chairman George Cornelius reported on Planning and Zoning Commission recommendations as did Borough Engineer Darr. 3orough Chairman White reported at length on present and future needs and offered suggestions for improving the Borough posture in areas of planning and zoning, administration and others. :.II Vouchers - action not required None required. None required. None required. None required. None required. None required. XIII Audience participation: Remarks None required. by Rev. Childs and Karl Armstrong re hospital. XIV Assembly comments: (1) Drechan moved, Lester seconded that a letter be directed to State Rep. Er. Pill Poland and to Senator Owen requesting legis- lation to provide for lands sold by State Division of Lands be on a fixed price and for drawing instead of under auction. PAGE 2 Action needed by Administration Borough Clerk.to provide copy of P &' Z minutes of meeting 9/22/65 pertaining to recommendations of P & 7, on Ordinance 65 - 7. Clerk will advise P Z Commission of Assembly action. Clerk to compose letter for signature of Borough Chairman. (2) Attorney Madsen requested Attorney Nadsen to prepare petition for and got clarification of signature and transmission to office of terminology in hospital petition Local Affairs - Juneau. to Agency of Local Affairs.