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12/16/1965 RMi t KODIA I BOZO ASSEMBL MEETINe DECEMBER 16, 1965 I Call to Order The meeting was called to order in the Magistrate's Court Roan, Donnelley Building, Kodiak, Alaska, by Presiding Officer Russell Wright at 7 :35 P.M. on December 16, 1965 II Roll Call Present Absent Wilton T. White, Borough Chairman Fred Brechan Russell Wright, Presiding Officer Jo Hajdu Mrs.) Eldon Lester Mathey Fitzgerald Also present: Borough Clerk, W. A. Sieness; Borough Attorney, Roy Madsen; P &Z Chairman, George Cornelius; Supt. Schools Ivor Schott; City Manager Ralph Jones; and ten people in the audience. III Minutes of meeting of December 2, 1965, were approved as read. IV Other Minutes A. P &Z minutes of meeting held December 15, 1965, were read. Short discussion on item re W. E. Russell action to be taken up on agenda under P &Z referrals. Assemblyman Fitzgerald commented on information which has came to him re current activities concerning Holman case. Short review on the current status of the Holman property presented by Chairman White. No further questions or comments. No action taken. B. The Chairman then read minutes of Kodiak Island Borough School Board meetings held on December 13 and December 15, the second meeting confined to matter of contract with Architect Crittenden et al retained for design and services in connection with construction of new elementary school. No action taken as required Assembly action was programmed under Item VI -A of agenda. V A. W. E. Russell - Exception to Zoning Ordinance: Chairman reviewed application, correspondence and documentation pertaining. Assemblywoman Hajdu queried on reason for denial which was read by Chairman from notation on programming document as follows: "Reason for denial, that petitioner proceeded to construct building without approval of P &Z Catmission, that petition request for P &Z approval of exception was after the fact." A discussion followed relative to location, type of building, legal position of Assembly, etc. Discussion carried over from members of Assembly to include people in the audience. Mr. Russell answered questions from Assemblymen in his own behalf. Reluctance was expressed by Assembly members to take action on the case of W. E. Russell pending further study and an opinion from Borough Attorney on position of Assembly in this and like matters. Presiding Officer Wright then closed discussion pending such study and opinion from Counsel. The Chairman also instructed Borough Clerk to send copies of minutes in such cases to people concerned for their information and apprisal of action status. VI Communications, Correspondence and People to be Heard A. Ivor Schott - Architect Contract for Signature: Chairman asked Mr. Schott to present and explain contract under consideration. This was done. Mr. Crittenden was then asked to explain contract. Mt. Crittenden proceeded at length to explain programming of design, drawings, foundation testing, construction, water and sewer, etc. Discussion followed on line of ways and means to design and build 18 roan school within funding limits of recent approved bond issue of $750,000. Substance of opinion of Assemblymen present was that there should be a top limit to construction, viz, $750,000, beyond which architect fees would not accrue or apply. Mr. Crittenden stated this would be satisfactory with him and that this could be stipulated in the contract. On this premise, Assembly- woman Hajdu moved to approve architect contract. Seconded by Mr. Lester. Motion carried by unanimous roll call vote. Assemg1y •` 12 '16/65 q Feeting re- convened at 9:10 P.E. Page 2 On recommendation of Chairman, motion was made by Assemblywoman Hajdu and seconded by IA% Fitzgerald that, "means of communication between the architect and Assembly be with the Schcol Loard on items of normal construction, operation . . . that major changes in the contract, or structural changes, be brought before the Assembly for joint perusal between the Assembly and School Board. That actual control of the program be vested with the School Board." Further discussion brought out that the School Board would keep the Assembly informed of progress of the project by reports. %potion carried unanimous by voice vote. Meting recessed for 10 minutes at 9 :00 P.L. B. Letter - Local Affairs re Hospital: The Chairman read letter and a discussion followed on whether to limit the functions to be assumed to the hospital, or to assume hospital and health function as brought out in letter. To finalize discussion, Assemblywoman Hajdu moved, "to go on and include the health function." notion seconded by Ps. Fitzgerald. Further discussion on possible consequences and liability of the Borough to indigent persons within the Ecrough. Cpinion of Borough Attorney Madsen was that in such instances, the responsibility of the Borough would "stop with your appropriation." Roll call on the motion: For Against Wright Lester iajdu Fitzgerald The motion carried and Attorney Madsen was instructed to prepare necessary documents. VII Old Business A. Ordinance 65 -10 - Great Northern Land Co., Re- zoning: First reading and approve publication on 12/17/65 and second reading and Public Hearing on 1/6/66. Ordinance read by Chairman. Discussion followed on status of cross runway in area of application. Jr. Lester rnoved to approve first reading of Ordinance 65 -10. Seconded by Assemblywoman hajdu. On roll call vote, motion carried unanimously and so ordered. B. Ordinance 65 -9 - Standard Oil Co., Re- zoning: Attorney £sadsen read Ordinance. Ur. Lester moved for adoption and passage, seconded by Assemblywoman Hajdu. Proceedings then were opened for Public Hearing on the matter. First to speak from audience was Er. Brandenburg, representing Urban Renewal Project R -19. Mr. Brandenburg commented in essence on concern by A.S.H.A. over possible conflict between Standard Oil Co., leasor of lands to be re -zoned and Urban Renewal over status of Old Russian stone dock lying partially within boundaries of Standard Oil lease. Iir. Brandenberg then stated that his intent in making comment was not to prevent re- zoning of the property, but to be on public record for A.S.h.A., Urban Renewal and National Park Service of concern that historical status of the "Russian Wall" not be jeopardized by such re- zoning. Ir. Jones, City Manager, commented in this connection that he had an expression from 1r. Hickley, the Division Manager for Operations, Standard Oil Co., that they (S.O. Co.) would not only preserve the old stone wall but would assist in restoration. Without further comments from the audience, the Public Hearing was closeu and question on the motion called for. Roll call vote carried unanimous. At conclusion of vote, Mr. Rene Bertheau, representing Standard Oil Co., spoke from the audience generally confirming earlier remarks pertaining to the Old Russian Wall. Mr. Bertheau also did elaborate some to the effect that Standard Oil Co. did need to know of plans for Russian dock preservation and restoration. This information is very necessary to them in making their plans for the Kodiak plant. A question to Er. Brandenburg by the Chairman indicated only nebulous plans as far as Urban Renewal is concerned. C. Resolution 65 -36 - Street Vacation, Arctic Traders: Chairman requested Attorney Madsen to read resolution. A discussion followed concerning release of objection by City of Kodiak. It developed that action by Borough Assembly was premature and resolution was referred to City of Kodiak Council. I•ir. Ben Bolden, speaking from the audience, then requested Assembly position in the matter as being himself vitally concerned. Further discussion followed between Assembly, Mir. Bolden, i'ir. Jones and others. Assl keeting /16/6 1 3 Page 3 At this time, the pending Board of Equalization Meeting scheduled for December 17 was discussed and confixlled to meet at 7:30 P.M. in the Jury Roan and hagistrate's Court. It was also confirmed that the D.O.L. proceedings are not an open hearing with public in attendance. VIII New Business There was no new business to come before the Assembly. IX Chairman's Report B. Chairman reviewed status of Borough Sanitarian. He stated that as matters stood at this tirre, the Sanitarian would be hired by the State with salary to be paid jointly by State, City and borough by City and Borough re- imbursement to the State. 1r. Carter, the local applicant for the position, has completed application to the State for their consideration under State personnel regulations. This is the present position on hiring of Sanitarian. C. Letter from Reed Oswalt, Ouzinkie, was read by Chairman. Contents applied to desire for making application for certain State lands in vicinity of Neva Cove across from Ouzinkie Village. A sketch acccmanied letter showing lands under consideration. The Chairman cemented to the extent that this was for information of Assembly and indicated interest by people in the Borough in lands in outlying areas; that there was no action which could be taken at this time, but that letter. would be retained on file to support future land withdrawal applications by the Borough. In connection with land sales, leasing, etc., Borough Attorney Madsen commented on the need that an "ordinance setting forth a formal procedure be adopted by the Borough . . . " That he had started crafting such an ordinance for examination and consideration of the Borough Assembly. That he had hoped to have the ordinance ready for this meeting in order that current considerations re the leasing of proposed dry dump not be hampered for lack of proper regulatory ordinance. Mr. Madsen elaborated further on areas to be covered by this ordinance, stating that "it's going to be quite a lengthy ordinance, quite detailed, spelling out just exactly how people can make application for land once the Borough has it . . ." That "right now we don't own any so it's not an immediate problem." Mr. Aadsen indicated that this ordinance would be ready for early consideration by the Assembly. Continuing his remarks and on another subject, tir. Madsen went on to say that "as far as that letter is concerned, of course, as they state they're aware that the State has selected this land but they may not be aware that the State will not have title to it until after it's been surveyed. And, I don't think the U.S. Survey has gone that far, so it might be quite a ways in the future before any of that land is available. And, of course once it's surveyed we / the Borough/ can select a portion of it and it's possible that we could do something to help them acquire it, but this is a long way in the future." Further discussion followed and the Chairman suggested forwarding a copy of this ordinance when adopted to the Oswalts in Ouzinkie. Chairman also instructed Borough Clerk to advise the Oswalts of these proceedings. A. Comprehensive Plan: The Chairman, in this connection, expressed wish to have entire Assembly in attendance and asked to defer consideration in depth to the next Assembly meeting. The Chairman went on to state his reasons as being principally that proposed comprehensive plan has areas of mutual concern to the Borough and the City. A short discussion followed. The concensus of Assembly members was concurrence in the desirability of comprehensive plan. The Chairman then solicited concurrence of Assembly members as to the desirability of directing a letter to Mr. PoNinnon of the State highway Depart- ment, urging that "the Otmoloi Point Road be put under contract for construction at the earliest possible date." Concurrence was indicated. The Chairman further corriennted on benefits to accrue to the people within the Borough with completion of such additions to the local highway system. The Chairman then asked for any objections from members concerning directing a letter to "our delegates in Congress and the State Department voicing objections of the area in the recent negotiations with the Russian Government relative to the bringing of sea foods in." This is in accordance with news item in last issue of Kodiak I iirror concerning certain firms in the States importing Russian caught and processed sea foods for sale in the U.S. No objections and so ordered. 0 Assembly Eeeting 12 /16/65 Page 4 X Assembly Comments fathey Fitzgerald ccnntienteci on having certain values on proierties and boats brought to his attention as out of line. fir. Fitzgerald was asked by the Chairman to present these comments and findings to the Borough Assessor. In this same connection, the Chairman commented briefly on equalization procedures. XI Adjournment The meeting was adjourned at 10:50 P.L. TO: ALL DEPAFCCIaMS AND DIVISIONS FFOI: BOROUGH CLERK �� SUBJ: ASSENaBLY IEETING OF DE;CEflBER d►► 1965 Item Assembly Action X Assembly Comments - Mr. Fitzgerald XI Adjournment KODIAK ISLAND BOROUGh 'SSLL BLY ACTIONS SUNEARY V -A W. E. Russell, review and discussion of P &Z action. Action to refer case to Attorney for opinion on power of Assembly to exact penalties. VIA Ns'. Schott and Air. Crittenden reviewed architect contract for new school. Assembly approved and designated School Board as body to monitor contract for architect and construction super- vision. VI -B Letter from Local Affairs read. Hospital and health function reviewed. Action by Assembly to include health function. VII -A Ordinance 65 -10 - Read and approved first reading. VII -B Ordinance 65 -9 read for second reading and Public Hearing. Assembly passed and approved. VII- -C Resolution 65 -36. Assembly took no action. Referred to City Council. IX Chairman's Report 1. Sanitarian - no action 2. Letter - Reed Oswalt. Action - reply to Oswalt re minutes and proposed ordinance. 3. Comprehensive Plan - no action. 4. State Division of Roads, letter to 5. Russian Fisheries - sale of processed sea foods. W.A.S. Action Needed by 1dministration Borough Attorney to review and reportrecommendation on course of action to be followed Assembly Chairman and Presiding Officer to sign contract with amendments placing monetary contract base ceiling of $750,000 on architect's fees. Borough Attorney to make applicable contract change. Borough Attorney to prepare necessary docinents. Clerk to schedule publication of notice and for Public Hearing on Jantmry 6, 1966. None required. None required. 1. None required. 2. Clerk to prepare letter. 3. Clerk to place on next Assembly Agenda 1/6/65 4. Clerk to prepare letter. 5. Clerk to prepare letters (a) Gruening, Bartlett, Rivers, State Dept. None required.