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01/07/1966 RMKODIAK ISLAND BOROUGH ASSEMBLY MEETING JANUARY 7, 1966 I Call to Order The meeting was called to order in the Magistrate's Court Room, Donnelley Builds:-`,, Kodiak, Alaska, by Presiding Officer Russell Wright at 7:45 p.m. on January 7, 1::3. This meeting, regularly scheduled for January 6, 1966, was, by order of the Bore ^'7_ Chairman, re- scheduled to January 7, 1966, due to weather - caused date conflict c:^ the State Division of Lands sale which was held on January 6, 1966. II Roll Call Present Absent Wilton T. White, Borough Chairman Eldon Lester Russell Wright, Presiding Officer Mathey Fitzgerald Jo Hajdu (Mrs.) Fred Brechan Also present: Borough Clerk, W. A. Sleness; Borough Attorney, Roy Madsen; P &2 Chairman, George Cornelius; Supt. of Schools, Ivor Schott; Architect Mr. Ed Crittendon; School Board President, Mr. Emil Norton; Alaska State Division c Lands representatives, Mr. Joe Keenan and Mr. Ken Halfback and approximately twenty people in the audience. III Minutes of Assembly Meeting of December 16 were read atd approved. IV The Chairman, after introductory remarks, introduced Mr. Joe Keenan and Mr. Ken Hailback from State Division of Lands. Mr. Keenan then spoke in summary on laid sale held the evening before in the High School Auditorium. Mr. Keenan went ca to state that on the basis of preliminary figures, the gross proceeds from the auction was $292,500, and that of this amount, some $2800 would not accrue to the Borough as being for lands sold in the Chiniak area since they were selecte prior to this under the state mental health program. Mr. Keenan also stated that he understood those parcels not sold at auction, representing appraised values of $27,500, had been sold over the counter (today) in the Anchorage office of State Division of Lands. This would indicate, Mr. Keenan said, a gross potential to the Borough of $317,000. Of this total, Mr. Keenan said, the R rough can expect approximately $30,000, c: 10%, as immediate revenues with the balance, including interest, accruing to the Borough at the rate of approximately $3000 per month for the next nine years. In connection with Borough application for land withdrawal for dry dump site, the Assembly was assured of immediate processing of application by his office. Speaking on lands in the Bells Flat area, Mr. Keenan expressed some doubt as to present status of Navy thinking on the matter, but assured cooperation of his office for rapid handling when and if this area becomes available for state selection. On the subject of Near Island, Mr. Keenan expressed the probability of early conveyance of lands on this island to the City of Kodiak. On the matter of the management agreement between the Division of Lands and the Borough, while the Borough has, by resolution, confirmed this agreement, Mr. Keenan stated that opinion of the State Attorney General is that such borough actions should be by ordinance. This is now being formalized by Borough Attor ^;: and staff. The position of the Borough on current land sale is not adversely affected pending this action, and, in the words of Mr. Keenan, "these monies that came in from the sale yesterday will be earmarked for the benefit of the Borough, and in due course they will be transferred to the Borough." Mr. Keenan then went on to say that if anything was learned from the land sale, it was that there was a dire need for lands becoming available within the Boro:';:. This became "extremely evident" from the prices that were paid at the auction. Further, on the same subject, while statute provides and authorizes the Commissioner to reduce the appraised value of lands by 25% in..areas where economic conditions have caused unrealistic land prices, last night's sale not only absorbed this 25% but exceeded appraised values by another 15%. Assembly Meeting 1/7/66 Page 2 On another land problem, Mr. Keenan posed for Assembly consideration and action the possibility of the Borough ear - marking at least a part of the funds realized from land sale for purposes of conducting further surveys to make available more lands to the people of Kodiak and the Borough. He explained the shortage of State funds for survey purposes and suggested that on the premise that monies spent by the Borough for survey would be recovered upon sale of the lands surveyed, such a fund would not only upon up more lands but would return to the Borough as the land was sold. Without such a program, survey and availability of lands in the Kodiak area would be slowed to when funds would be available to the Lands Division for such surveys. Such a survey program is now in effect in the Matanuska - Susitna Borough and the Kenai Peninsula Borough. Mr. Keenan said that in this way, and only in this way, could the Division of Lands continue to carry on a "regular land disposal program in this area or in any other area." Under such a program of the Borough funding survey costs, "every service that we L State Division of Lands/ have available in engineering will continually be made available to you . . . but we can't put up the money - -we don't have it." Mr. Keenan further said, "so, I would like for you to very seriously consider this program because it means that without it our sales program in the area will have to stop; with it, we can go immediately into a project- -you can survey in the island here the year round. And, it is conceivable that by early spring we can have some more land on the market and thus permit interested people to enjoy the biggest part of the construction season this coming year." This concluded Mr. Keenan's formal remarks. Several questions on details from the Assembly members and audience were posed to Mr. Keenan which were answered. One question pertaining to policy on sale of lands without access was clarified. In the past, no land was surveyed and sold without access. From now on, though, policy will be to sell lands surveyed but without access except that access will be plotted and surveyed. A short general discussion followed after which the Chairman extended thanks of the Assembly to Mr. Keenan and Mr. Hallback for their interest in behalf of the Borough land problems. VII C. Ivor Schott and Mr. Crittenden -- position on agenda moved to be heard at this time. Mr. Schott introduced Mr. Crittenden who presented preliminary sketches of proposed elementary school and reviewed present status of school plans. Summarizing the estimates to construct a building in accordance with preliminary plans, a total figure of $836,378 was indicated as cost of building, sewer and water, site work, etc., while only $750,000 will be available as authorized by sale of bonds. Mr. Crittenden stated that he believed total cost could be held to within $750,000, provided some method could be worked out to handle cost of sewer and water other than being funded by bond money. 3. "That the architect be directed to proceed." Mr. Schott and Mr. Norton and school design and construction estimate lay within three areas, this time. These areas were A discussion followed between Mr. Crittenden, Assembly members on ways and means of funding within available means. The crux of the cost the costs of which could only be estimated at site development, water, and sewer. The possibilities of general area development concurrent in time with the building of the school, and of possible city plans to extend sewer and water services to the area, were discussed. To finalize discussion and to crystallize the Borough position in the matter, Assemblywoman Hajdu moved as follows: 1. "That the school board be requested to go before the City Council with the architect to seek the assistance of the city as far as the sanitation facilities for the new school are concerned." 2. "That the Borough Clerk be requested to draft a letter which indicates that the Borough is in full concurrence in this request for assistance." Assembly Meeting 1/7/66 Page 3 The motion was seconded by Mr. Brechan. A short discussion followed during which Mr. Brechan pointed out that Borough commitment in this instance is clearly limited to $750,000 in accordance with bonding authority as voted for by the people. It was brought out again that the architect's projected figures for site preparation, sewer and water were estimates only, and that between the possibility of city assistance on sewer and water, and probable excessive estimate on site preparation, along with a budgeted sum of approximately $30,000 for architect fees in current school budget, final cost could be held within authorized funding limits. Roll call vote on the motion: Carried unanimously and so ordered. A short discussion followed on subject of authority for architect to commit for test hole services. Opinion of Assembly in discussion was that this authority lay with the school board as being monitoring body for the project. Returning to Agenda schedule, next item: V A. P &Z minutes of January 3, 1966, were read by the Chairman. A short discussion on items in the minutes for Assembly action followed. VI A. Letter dated December 28, 1965, from HHFA to the Borough was read by the Chairman. There was a short discussion on the request in the letter which was, in short, that certain lots in Aleutian Homes area be sold to ASHA for their development in construction of housing for persons in middle income bracket. Assemblywoman Hajdu moved that the position of the Borough Assembly be in concurrence with the City Council position in being not in favor of sale of these lots to ASHA and being in favor of sale to private developers. Seconded by Mr. Brechan. Motion carried on unanimous roll call vote. VI B. Chris Berg apartments: Chairman read petition of property owners in the area. A short discussion followed in review of background of P &Z referral and coincident receipt of petition for re- zoning. Concensus of Assembly, without formal action, was to refer petition to P &Z Commission, and that the Chairman should direct a letter to the City Manager, advising that the Borough P &Z Commission has indicated violation of Chris Berg properties as being operated as R -3 or triplex units and request their investigation on compliance with building permit as issued and in accordance with the Borough zoning ordinance. VI C. Assembly actions on various P &Z referrals: 1) Harding's trailers on Cutoff Road. Referral from P &Z was discussed and reviewed. Borough Clerk was instructed to check on whether building permit was issued. 2) The Chairman stated that the matter of Harding trailers appeared to be a basic problem of sanitation and Borough Clerk was directed to instruct Sanitarian to check out sanitary provisions of Harding Trailers for report back to the Chairman. VII Communications, Correspondence A. Letter from Senator Magnuson re Soviet Russian sale of processed seafoods in U.S. was read by the Chairman. No action. B. Rotary Club resolution re hospital was read. No action taken. Resolution in support of petition to Local Affairs for hospital and other area wide powers. C. Letter from Chairman Matanuska - Susitna Borough was read. This was an invitation for a conference January 14 on borough affairs in general. No action taken. AssoliblM Meptifg A/7/66 '' j Page 4 VIII Old Business A. Resolution 66 -1: Street Vacation and Re- platting, Arctic Traders. Chairman read resolution and a short discussion followed. Mr. Brechan moved for approval of final plat and vacation. Seconded by Assembly- woman Hajdu. Motion carried on unanimous roll call vote and so ordered. B. Resolution 66 -2: Bea Nachtweih final plat was read for approval. Mrs. Hajdu moved for approval, seconded by Mr. Brechan. Carried on unanimous roll call vote. C. Resolution 66 -3: Fort Abercrombie Recreation Site read for approval. A short discussion followed. Mrs. Hajdu moved for approval, seconded by Mr. Brechan. Motion carried on unanimous roll call vote and so ordered. D. Resolution 66 -4: Establishing basis for payment by City of Kodiak of taxes in lieu of personal property tax. A $6,457,405 personal property valuation, at the rate of 6.50 mills, payment in lieu of, shall be $41,973.13 for tax year 1965. A short discussion followed and it was brought out by the Chairman that this amount would be handled as an offset against tax monies collected by the Borough for the City of Kodiak. Mr. Brechan moved for adoption, seconded by Mrs. Hajdu, and carried on unanimous roll call vote and so ordered. E. Ordinance 65 -8: Re- zoning Portion of Thorsheim and Portion of Allman Addition, Second Reading and Public Hearing. Ordinance was read and Mrs. Hajdu moved for approval of second reading, seconded by Mr. Brechan, and Chairman declared meeting was open for public hearing. A discussion followed concerning definition of areas under consideration, and on condition whereby two non - contiguous areas were combined under one document. Discussion continued and map of areas was perused and studied. After further discussion, public hearing was declared closed by the Chairman. On recommendation of Borough Attorney, motion failed passage on unanimous roll call vote. Borough Attorney will re -draft ordinance on receipt of correct description of lots in Thorsheim Subdivision and, pending petition of people in Airpark Subdivision for change of zoning, will take appropriate action at that time. F. Ordinance 65 -10: Re- zoning Great Northern Land Co., USS 3218, second reading and public hearing. Ordinance was read. Mrs. Hajdu moved for adoption, seconded by Mr. Brechan, and meeting was declared open for public hearing by the Chairman. There were no comments or objections from audience and public hearing was declared closed. Motion carried on unanimous roll call vote. G. W. E. Russell - Opinion of Borough Attorney on Position of the Borough in Connection with Certain Violations of P &Z Ordinance. The review and opinion as prepared by Borough Attorney was read by the Chairman. Following the reading of opinion, the Chairman read W. E. Russell letter of appeal on denial of exception by P &Z Commission. Further verbal comments by Borough Attorney brought out provisions within the P &Z Ordinance for appeal on decisions of the Commission. The Assembly concurred that their course of action in this instance should be to refer the case of W. E. Russell back to the P &Z Commission for their formal written report on denial of Mr. Russell's request for exception, and that said report and Mr. Russell's appeal be scheduled for next assembly meeting at which time the full Assembly (at least four members) will sit as board of adjustment to consider the P &Z report and Mr. Russell's appeal. A short discussion followed pertaining to Section 16 of P &Z Ordinance. H. Comprehensive Plan: The Chairman reviewed actions to date and discussed results of a conversation with Mr. Rogers, now former Planning Officer with ASHA. Substance of Chairman's remarks was that without the Borough having a comprehensive plan, future efforts towards development of roads, lands, etc., either with or without Federal participation, would be hampered by lack of such plan. For this reason, the Chairman recommended active steps be taken towards preparation of such a plan. This plan is to be in conjunction with ASHA Planning Office on the basis of 25/75% Borough and Federal funds. Assembly Meeting 1/7/66 Page 5 A discussion among Assembly members followed on best ways and means to pursue initial steps. Mr. Cornelius, speaking from the audience, suggested availability of expert planning assistance through the offices of the U.S. Chamber of Commerce. Mr. Best, speaking from the audience, suggested the possibility of contacting Mr. Schoop of the Treater Anchorage Borough for his ideas on initial procedures on formulating a Comprehensive Plan. Assembly action was in concurrence with need for Comprehensive Plan and directed Chairman and staff to follow up. I. Resolution 65 -38: Area -wide Powers, Assumption of, in Field of Health and Sanitation, read by the Chairman. Mr. Brechan moved for adoption, seconded by Mts. Hajdu, cand carried on unanimous roll call vote. IX New Business A. Proposed Ordinance 66- , Sale and Lease or Disposition of Borough Real Property. Copies of this ordinance were prepared by Borough Staff and mailed to Assembly members for their perusal and study. The Borough Attorney received statutory authority for such ordinance and proceeded then to read and clarify, for the benefit of the assembly members, those sections most pertinent to the purpose of the ordinance. A short discussion followed after which Mr. Brechan moved that formal ordinance be prepared as written for assembly action, seconded by Mrs. Hajdu, and carried unanimous on roll call vote and so ordered. B. H.H.F.A. Agreement, Resolution 66 -5: To establish legal authority for payment by H.H.F.A. to the Kodiak Island Borough a payment in lieu of taxes covering the Aleutian Homes project for tax year 1965. Mr. Brechan moved for adoption, seconded by Mrs. Hajdu, and carried unanimous by roll call vote and so ordered. X Voucher Listing - for information of Assembly members. XI Chairman's Report A. Chairman reviewed shortly the status of sanitarian. Confirmed hiring of Mr. Harry Carter, who will assume duties on Friday, January 7, 1966, and will set up office in the building occupied by Health and Welfare. XII Assembly Comments: None XIII Meeting adjourned by Presiding Officer Wright at 11:45 p.m. W.A.S. Item Assembly Action KODIAK ISLAND BOROUGH ASSEMBLY ACTIONS SUMMARY TO: ALL DEPARTMENTS AND DIVISIONS FROM: BOROUGH CLERK SUBJ: ASSEMBLY MEETING OF JANUARY 7, 1966 IV Mr. Keenan of State Lands spoke in summary on progress of land selection to date, sale, and other matters. VII -C Mr. Schott, with Mr. Crittenden, presented status and sketches of proposed elementary school. Assembly directed School Board, with Borough concurrence, to seek City support on sewer and water; and that architect proceed with plans. V -A P &Z minutes were read. Items for action to follow later in agenda. VI -A HHFA letter read and discussed. Assembly in concurrence with City Council position. VI -B Chris Berg Apts. - Reading of petition, discussion and review. VI -C Harding's Trailers: Status and referral from P &Z was reviewed. Staff to check on building permit; sanitarian to inspect and report to Chairman. VII -A Letter from Sen. Magnuson read. No action. VII -B Rotary Club resolution re hospital read for info only. VII -C Letter from Matanuska - Susitna Borough read re conference. No action. VIII -A Resolution 66 -1, final plat and vacation. Approved. VIII -B Resolution 66 -2: Final plat approved. VIII -C Resolution 66 -3, Fort Abercrombie recreation. Approved. VIII -D Resolution 66 -4: City of Kodiak payment in lieu of Personal Property Tax. Approved. VIII -E Ordinance 65 -8: Rezoning of Thorsheim Addition. Second reading and public hearing. Failed - not approved. Borough Attorney to re -draft ordinance as instructed by Assembly. VIII -F Ordinance 65 -10, Great Northern Land Co., second reading and public hearing. Approved. Action Needed by Administration Borough Attorney shall re- draft resolution as passed into form of ordinance per request of State Lands and State Attorney General's office. Borough Clerk to draft letter to City expressing need for City support on matter of sewer and water to school site. None required. dirmasi6Fe‘tut red, 1) Clerk to schedule petition for rezoning on next P &Z agenda. 2) Clerk to direct letter to City Manager re violations under present use of buildings. 1) Borough Clerk to check on proper building permit. 2) Sanitarian to inspect and report to Assembly Chairman. None required. None required. Clerk to acknowledge and decline invitation. None required. None required. Clerk to follow up. Clerk /Treasurer to transmit copy of resolution to City Manager. Borough Attorney to re -draft ordinance. None required. ASSEMBLY ACTIONS SUMMARY - Meeting of January 7, 1966 Item Assembly Action VIII -G W. E. Russell: Opinion of Borough Attorney re violations. Referred to P &Z for report and transmittal to Assembly next meeting. VIII -H Comprehensive Plan: Discussion and informal concurrence of Assembly to proceed on Comprehensive Plan. VIII -I Resolution 65 -38: Area -wide powers, health and sanitation. Approved. IX -A Ordinance 66- for sale and lease of Borough lands. Formal ordinance to be prepared for adoption. IX -B HHFA Agreement. Resolution adopted for pay- ment in lieu of taxes, 1965, on Aleutian Homes. XI Chariman reported briefly on hiring of sanitarian. XIII Adjourned at 11:45 p.m. W.A.S. Page 2 Action Needed by Administration 1) P &Z Commission to prepare formal report. 2) Report of P &Z and appeal of W. E. Russell to be scheduled next Assembly for hearing as Board of Adjustment. Borough Clerk and Staff to follow up on initial steps necessary to implement organization procedures. Borough Clerk to forward application to Local Affairs Agency. Borough Attorney to proceed with Ordinance 66- . Borough Clerk to follow up. Return accomplished documents to HHFA. None required.