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12/02/1965 RM1 I.ODIAI ISLAND BOROUGH AS$EPi3LY MERTII' G DECEMBER 2, 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 7:42 p.m. on December 2, 1965. II Roll Call Present Absent Wilton White, Borough Chairman Eldon Lester Russell Wright Mathey Fitzgerald Jo Hajdu (Mrs . ) Fred Brechan Also present: Borough Clerk, W.A. Sleness, Borough Attorney, Roy Madsen, PM Chairman, George Cornelius, Supt. Schools Ivor Schott, Urban Renewal R -19 Project Manager, ASHA Planner Bill Rogers, City Manager Ralph Jones, and people in the audience. III Minutes of meeting of November 18, 1965 were approved as read. IV Other Minutes P&G Meeting of 11/23/65 were approved as read, Upon motion by Assemblyman rechan seconded by Assemblywoman Hajdu and carried unanimously by voice vote. P & Z meeting of 12/1/65 were approved as read corrected upon motions by Assembly- man Brechan seconded by Assemblywoman Hajdu and carried unanimously by voice vote. School board minutes of november 29 were read. No action taken to approved or disapprove. V A. Chairman read Bureau of Sport Fisheries and Wildlife letter application for seven acre lands withdrawal in Gibson Cove area. Upon Assembly review and study of accompanying map, question was posed.by City Manager Ralph Jones whether area under application as platted may possibly overlap onto land currently in process of acquisition by the City from G.U.A. After some discussion concerning lands of B.C.F., G.S.A. and State owned, it was suggested by Assemblyman Brechan that Assembly approved those areas within application which would be outside lands indicated as controlled by G.S.A. Ne E oT'i »TIOV -- mod - under -- by the City. Mr. Richard Hensel of Bureau of Sport Fisheries and Wildlife expressed concurrance. Assemblyman Brechan then moved for "acceptance of the Fish and tiilflife proposal for a land withdrawal that area in Gibson Cove outside of the land already under contract to purchase by the City." Notion seconded by Assemblywoman Hajdu. Motion carried unanimous by roll call vote. 3 Holman Auto Mart: Letter from Mr. Holman in reply to Borough query as to his intentions was read. A discussion followed concerning present status and use of building under condemned conditions and Mr. Holman declared intent and request for zoning exception at some implied future date of rebuilding in conformity with 3orough bldg. requirements. Notion by Assemblywoman Hajdu seconded by Assemblyman Brechan that letter from the borough be directed to Nn. Holman "advising him that the building is condemned and giving him sixty (60) days in which to demolish it." Motion carried on unanimous roll call vote and so ordered. C Letter from Marion Lynch re hospital site was discussed. Assemblywoman Hajdu moved, "that the Chairman will direct the new planning and zoning commission to set aside an appropriate area to be used for construction of new hospital." Seconded by Assemblyman Brechan. Motion carried by voice vote unanimous and so ordered. VI Chairman White, in deference to people in the audience asked for audience participation at this tire. A "s sera' ly' )nec ink 12/1, .,e5 Page 2 Mr. Brechburg spoke from the audience re Mr. Holman's business site. Mr. Brechburg voice objections to a nian "operating a business off the highway." Mr. Cornelius, Chairman PeeZ commission spoke to clarify some aspects of P& considerations re Mr. Perez (Aleutian Sub) request for re- zoning. Chairman White acknowledged these remarks but stated P&Z minutes had been approved as read earlier. Mr. Jones (City Manager) requested that item VII G - Standard Oil re- zoning be moved back to follow VI A - Mr. Schott. VI A Letter from Ivor Schott, Supt. of Schools requesting Assembly approval of School Board appointment of the firm Crittenden, Cassetta, 1Jirum and Jacobs as architects for elementary school building. Assemblyman Brechan moved for approval; after explanation by Mr. Schott on basis for selection, motion was seconded by Assemblywoman Hajdu and motion carried unanimous by roll call vote. As requested under VI above, Item VII G under old business moved up for consideration. VII G Chairman read Resolution 65 -9, Standard Oil Co., re- zoning, first reading. Discussion brought out that perimeter outline of plat takes in part of Russian Sea wall. Assemblyman Brechan commented that because of prior ownership of the Standard Oil Co. could, if they so desired, tear part of the old Russian wall down. City Manager Ralph Jones spoke from the audience and stated that the Standard Oil Co. has agreed to respect and preserve the Russian wall. Mr. Jones went on further to say that Standard Oil Co. had gone on record that, "they would preserve this Russian wall." After further discussion on the Russian wall and the proposed road connecting Tagura Road, Assemblyman Brechan, "moved for acceptance of Ordinance 65 -9, Standard Oil re- zoning first reading." Seconded by Assemblywoman Hajdu. Motion carried by roll call vote and was so ordered. Er. Perez spoke from audience concerning application technicalities particu- larly with reference to payment of filing fees. Mr. Jones, speaking from the audience reminded Er. Perez that there were provisions for appeal within the Ordinance as he recalled. Chairman White remakred that there was no intent for Assembly to get involved in a technical wrangle and called upon Nr. Walker, Standard Oil representative in the audience, for his com'nts. Mr. Clark commented then as follows: Appreciation was expressed for Assembly action so far and that Standard Oil would proceed without delay on improvements as soon as possible. VI B Ien Brandenberg, r -19 Urban Renewal project Manager then reported briefly on current status of project. C Bill Rogers, Planner from ASIA office Anchorage then spoke to the Assembly on benefits which could accrue to the community by formulation and adoption of a comprehensive plan. Steps to get such a plan underway were outlined. Following Mr. Rogers' talk, there followed a question and answer session during which questions from both the Assembly members: and audience were answered by Mr. Rogers. Chairman White then summarized and developed further all the aspects of need for such a comprehensive plan for the community of Kodiak and the Borough. At conclusion of discussion Mr. Rogers provided a 'brochure of facts to each member of Assembly in connection with a planning assistance program 14ssfAcmbl1r }4 etdnng 12A, ,5 Page 3 VI D Chairman then read letter from Management Engineering Associates offering proposal to enter into arrangement for providing planning services. fleeting then recessed at 10:15 p.m. for 10 minutes. Meeting reconvened at 10:30 p.m. Chairman White called upon Tony Perez re a letter to Mr. Perez from Harry R. Powell and Associates pertaining to preliminary thinking on a bridge to Near Island. The Chairman accepted the letter with comment that copies would be provided each assemblyman. E Copy of letter to Dr. Thomas McGowan, Director, Division of Public Health from City Manager Ralph Jones re sanitarian was read. A short discussion followed. No action taken. F Letter from N.B. of A. requesting consideration using their facilities for Borough depositary account was read by the Chairman. The Chairman then commented briefly on background reasons for maintaining two accounts in local banks. No action taken. VII A Proposal by Kodiak Disposal Service was read by the Chairman for consideration of the Assembly. The proposal was predicated upon Borough acquisition of dry dump site as applied for under recent action. fr. Stover, speaking from the audience offered some explanatory comments supplementing to terms of the proposal. City Manager, Mr. Jones, then commented favorably on location and need for establishment of dry dump. Assemblyman Brechan moved to, "Accept the Kodiak Disposal Service proposal and that the Borough Attorney be instructed to prepare a lease for the Assembly's approval." Seconded by Assemblywoman Hajdu contingent upon Borough acquisition of the site. Assemblyman Brechan then changed the wording of his motion to include, "contingent upon the acquisition of the land in question." Attorney Madsen then commented to effect that proposal should be studied further especially concerning period of 25 year franchise and also that these operations should possibly be advertised and put out for bid. After some further discussion Assemblyman Brechan with approval of second, then added wording to his motion to include, "pending the attorney's proof of its legality." With these changes the motion by Assemblyman Brechan would be, "to accept the Kodiak Disposal Service proposal contingent upon acquisition of the site and pending the Borough Attorney's findings as to legality and that Borough Attorney be instructed to prepare lease for Assembly approval based on these contingencies and findings." Further short discussion. Roll call vote on the motion carried unanimous and so ordered. B Letter response to Borough query to Local Affairs Agency re Borough boundaries was read. Alengthy discussion was held on implications and consequences attendant to any action towards reducing Borough boundaries. There was no action taken. C Resolution 65 -34 - Larionoff/Ek1of - Street vacation read. Assemblywoman I:ajdu moved, seconded by Assemblyman Brechan for approval. Roll call vote unanimous for approval and so ordered. D Resolution 65 -32 - Miller Point final plat was read. Assemblyman Brechan moved, seconded by Assemblywoman Hajdu for approval. Roll call vote unanimous for approval and so ordered. E Resolution 65 -33 - Borough check signatures providing for three authorized signatures, the third being that of Clerk /Treasurer. Assemblyman Brechan moved seconded by Assemblywoman Hajdu for approval. Motion carried by unanimous roll call vote and so ordered. Assem Me eting December 2, 1965 VII F Resolution 65 -35 - School bond counsel read. Assemblywoman Hajdu moved, seconded by Assemblyman Brechan to approved. Carried by unanimous roll call vote and so ordered. G See earlier action H Ordinance 65 -8 - Thorsheim re- zoning, first reading. After short discussion Assemblyman Brechan moved for acceptance, first reading. Seconded by Assemblywoman Hajdu. On the question, Chairman suggested it might be in order to read the Ordinance 65 -8 which was done. After reading Assemblyman Brechan with approval of second withdrew his motion. That portion of Ordinance 65 -8 pertaining to Allman addition was read again at request of Assemblyman Brechan who did not understand what had been "cranked in to" the Ordinance. Further discussion and clarification of description. A short recess was ordered by the Presiding Officer for purpose of studying map pertaining. Meeting was resumed at 11:50 p.m. after five minutes recess. Assemblyman Brechan then moved for adoption of Ordinance 65 -8 as amended to read lot 21, Block 1 instead of as written lot 23, Block 2. Seconded as corrected by Assemblywoman Hajdu. It was noted in further discussion that this matter of re- zoning had approval of PbZ Commission. Roll call on the motion carried unanimous and so ordered. VIII New Business - none I%': Chairman's Report Page 4 At this time Mr. Sam Best spoke from the audience re technicality on programming of various actions through PFIL and on to Assembly. Particularly as to section 23 of of Zoning Ordinance pertaining to amendments and changes. Further discussion on this matter devolved into exposure of certain deficiencies of communication in programming of administrative action as between PbtZ Commission and Assembly. The need for staff representation in taking of minutes for P&Z proceedings instread of as presently being taken by members of Borough Engineer's Office was brought out in discussion. The area of communication and control and follow-up on PFIC action was thoroughly aired. To finalize discussinn, Assemblyman Brechan moved that "the Borough Chairman be instructed to direct a letter to the PDZ Commission on procedures to be followed in the taking of minutes and various other recommendations they have." Seconded by Assemblywoman Hajdu and carried by voice vote unanimous, so ordered. Chairman then asked Assembly concurrance on advisability of letters to Rep. Bill Poland and Senator Al Owen recommending additional study and review of land disposal laws. This review to be in light of relaxing restrictive provisions in the present laws and regulations. Further stated that present regulations concerning "surveys, installation of utilities, roads streets, etc., that we can't release the land we have in our own area," that a, "somewhat lesser stringent set of laws be enacted if possible." Chairman then read letter from Hugh blade, Secretary of State re Administrative Code. Letter from State Division of lands read re parcel "B" in Military Reserve held by the School District for their use under a Recreation and public purpose application. Chairman asked concurrance of Assembly on release and cancellation of R&PP application for State selection and transfer to the Borough for school purposes. Assembly concurred. The meeting was then adjourned by order of Presiding Officer at 12:25 a.m. December 3, 1965 with Chairman's request for short executive session of Assembly members, Mr. Ralph Jones, Borough Clerk in attendance and which was held. W.A.S. i KODIAK ISLAND BOROUGH ASSEMBLY ACTIONS SUMMARY TO: ALL DEPARTMENTS AND DIVISIONS FROM: BOROUGH CLERK SUBJ: ASSEMBLY MEETING OF DECEMBER 2, 1965 Item Assembly Action Action Needed by Administration V-A F&W application land withdrawal read and Chairman to advise regional office approved as amended not in conflict with lands FEN by letter of P& and Assembly being acquired by City. action. V -B Letter from Nr. Holman read in response to Borough query as to his future plans. Assembly directed letter to Nr. Eolman giving him 60 days in which to demolish present structure. VI -B Ken Brandenberg, R -19 Urban Renewal project None required. manager reported on current status of project VI -D Letter was read from Management Engineering None required. Service re providing planning service. No action taken. VI -E Letter to Dr. Howard McGowan from City Mgr. None required. read. No action. VI -F Letter from NBofA re. depositary for Borough None required. lands was read. No action taken. Chairman to advise Mr. Holman by letter of Assembly action. V -C Marion Lynch letter re hospital site discussed Chairman to so instruct "new" Moved to instruct new P&Z Commission to set Pea Commission when appointed. aside appropriate area for new hospital. VII -G Standard Oil Co. rezoning passed and Clerk will schedule for public approved first reading. hearing and second read on 12/16/65 VI -C Mr. Bill Rogers spoke on comprehensive plan. Clerk will furnish copies of Discussion by Assembly members and questions- ASHA letter re comp. plan for no actiontaken. Assembly member. VI -D Letter from Harry R. Powell and Associates, Clerk will provide copies to Engineering firm re bridge to Near Island. each member of Assembly. No action. VII -A Proposal from Kodiak Disposal Service read and Borough Attorney to study discussed. Proposal was approved for acceptance and prepare lease for future upon clarification of legal aspects and prepara- Assembly action. tion of base document compatible with legal findings. VII -B Local Affairs Agency letter on boundary changes read and discussed at length. No action. None required. VII -C Resolution 65 -34, Larionoff/Eklof Street vacation approved. None required. VII -D Resolution 65 -32, Miller Point final plat Clerk will return linen copy to approved. ADL with proper signatures. VII -E Resolution 65 -33 Third authorized signature Clerk to accomplish proper on Borough checks notes, drafts, etc. be the signature documents at depositary Clerk /Treas. - approved. banks. Assembly Actions - December 2, 1965 Item VII -F VII -H Ix Assembly Action Resolution 65 -35 to retain firm of Thorgrirnson Attorney to notify and Horowitz, Starin, and Ellis approved. Ordinance 65-8, Thorsheim rezoning, first Clerk will schedule second reading reading - approved as amended. for January 6 and notice for public hearing to be published Ded. 17. Chairman's report - lengthy discussion between Assembly and members of audience pertaining to programming of Pe& action, Assembly action and staff. Chairman asked concurrance of Assembly in Clerk to prepare letters for directing letters to Pep. Bill Poland and Chairman's signature. Senator Al Owen requesting review of land disposal laws and regulations designed to find ways and means to relax restrictive provisions in present law Letter from Hugh Wade re admin. code read - No action required. Letter from State Div. Lands read re release of P &PP application on Tract "C" military reserve. Assembly action to proceed as requested in letter. Meeting adjourned 12:25 a.m. 12/3/65 Action needed by Administration follow up. None required. W.A.S. Page 2 Clerk to prepare letter for Chairman's signature. Clerk to prepare letter of release.