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03/17/1966 RM3 7 KODIAK ISLAND BOROUGH ASSEMBLY MEETING March 17, 1966 I Call to Order The meeting was called to order in the Magistrate's Court Room, Donnelley Building, Kodiak, Alaska, by Presiding Officer Russell Wright at 7:30 P.M. II Roll Call Present Wilton White, Borough Chairman Russell Wright, Presiding Officer Sven Haakansen Mrs. Jo Hajdu Eldon Lester Absent Fred Brechan Also present: Borough Secretary, Sally Hendrix; Borough Attorney, Roy Madsen; and 16 people in the audience including Harry Carter, City /Borough Sanitarian; Jim Stansbury, City /Borough Building Official; Sam Best; Father Peter; Rev. Bullock; Rev. Childs; Dr. Bob Johnson; Mr. Norton, School Board President; and Mr. Rodli, School Board Treasurer. III Minutes of previous meeting, March 3, 1966, were read. There were no additions or corrections. IV Other Minutes A. P &Z Commission minutes of March 14, 1966, were read. B. Kodiak Island Borough School Board minutes of March 7 and March 14, 1966, were read. V Referrals from P &Z Commission - None VI Communications - Correspondence - People to be Heard B. Request from School Board for Assembly Endorsement of Approval of Elementary School Working Drawings Mr. Norton and Mr. Rodli presented the Elementary School plans which had been approved by the School Board with very minor alterations. They requested Assembly approval of the plans so that construction bids can be advertised. Also, it was explained that funds are needed to meet various contractual payments. After some discussion on progress of bonds and required payments, Chairman White suggested that the necessary monies be borrowed from present Borough funds, which will be replaced by the bond sale. Mr. Norton stated that the Board would be in favor of borrowing from the Borough. Mrs. Hajdu made a motion that the Borougl advance funds to the School District to meet the current payments on obligations for the new school to be repaid at such time as the bond issue is sold. Seconded by Mr. Lester. Motion carried unanimously by roll call vote and so ordered. Mr. Lester then made a motion for approval of the plans for the new school. Seconded by Mrs. Hajdu, carried unanimously by roll call vote and so ordered. Mr. Norton asked how the bond monies would be disbursed when they come in. Chairman White replied that the monies will be received by the Borough Assembly and then an arrangement could be made for disbursal by the desired body. D. Request for Action on New Hospital by Kodiak Health & Welfare Council Rev. Childs presented the latest information on obtaining Hill Harris funds for the new hoppital. Requirements which must be met by July 1 are 1) determination of a site 2) preliminary sketches completed 3) local matching funds available and 4) approximate cost of the new building determined. The Hill Harris funds can be used for architect's fees, site preparation, and permanent equipment in the hospital. Additional funds might be available for mental health facilities, which could be included in the same complex as health center facilities and the general hospital. The hospital would be Borough owned and could be leased to the Sisters as operators. An architect from Juneau has offered to make preliminary sketches at no cost if the Borough would consider hiring him as architect. Since the funds are less than had been anticipated, the hospital must be designed for expansion. Plans must be made quickly, since Hill Harris funds will not be available again until 1971 or 1972. Dr. Bob stated that the need is urgent as the hospital is now very overcrowded. Chairman White read a telegram from the Boundary Commission authorizing the Borough to go ahead with the general election on assuming public health and hospital powers. He will meet with the Health & Welfare Committee on Monday, March 21 to make further plans. There are various means of financing other than a bond issue, such as raw fish taxes, land sale monites, etc. After further discussion on money required, it ASSEMBLY MEETING - March 17, 1966 2 was suggested that the present hospital property, which is stated owned, could be transferred to the City or Borough and sold to raise funds. The site was discussed, and it was agreed that no site will meet all requirements. After further discussion, Mr. Lester made a motion that a $300,000 bond issue to support the Borough's share of the financing be placed on the ballot when the election is held on approval for the Borough hospital. Seconded by Mrs. Hajdu and carried unanimously on roll call vote and so ordered. A. Letter from Wakefield Fisheries re Land Acquisition in Port Lions Area Letter and a second letter on same subject were read for information purposes. No action taken. C. Letter from City re Temporary Exception Granted to Wright & Welborn by P &Z Commissioi Chairman White read letter requesting that the Assembly reverse P &Z's decision on the case. Chairman White objected to the granting of a temporary exception, stating that this is not covered in the ordinance. After further discussion, Mrs. Hajdu made a motion that the P &Z decision be reversed because it is actually a re- zoning, regardless of what it is called. Seconded by Mr. Lester. Mrs. Hajdu expressed concern about the granting of exceptions, and felt they should be rezonings instead. Chairman White stated he felt that granting temporary permits was a way of rezoning without going through the proper rezoning procedure through the drawing up of an ordinance. Attorney Madsen stated that P &Z can always be overruled by the Assembly if it is deemed necessary. Comm. Best stated from the audience that by granting an exception in this case, certain conditions could be added to it, whereas if the area had been rezoned, no such controls could have been stipulated. After considerable discussion, Mr. Wright disqualified himself, and motion carried on roll call vote as follows: It was brought out that although the city had been notified of the case, the notice had been caught up in the heavy receipt of mail at the City office. In the future the City will be notified by telephone as well as by mail. It was suggested that Wright & Welborn apply for a rezoning of the area to industrial. Mr. Wright stated that time did not permit their waiting even two or three weeks. Mr. Lester made a motion that the Assembly re- consider the action just takes, leaving the two provisions put in by P &Z and adding an additional one that use of the land be discontinued if it interferes with the action of the airport. Motion died for lack of a second. Mrs. Hajdu made a motion that the Borough Attorney be directed to meet with the P &Z Commission and come up with revisions to the ordinance that would make sense to everyone. Motion died for lack of a second. After further discussion, a ten - minute recess was called at 10:10 P.M. VII Old Business Yes No Haakansen Lester Hajdu A. Ordinance 66 -5 -0, Rezoning USS 3098, Lots 28, 29A and 29B from Unclassified to Business, Russell Wright (Case 438) - Second Reading and Public Hearing Ordinance was read. Mrs. Hajdu made a motion for its adoption, seconded by Mr. Lester. Public hearing was declared open and there were no comments. Hearing was closed, and Mr. Wright disqualified himself. Motion carried by unanimous roll call vote. B. Ordinance 66 -6 -0, Rezoning Townsite Bik 14, Lots 1 -6, Bik 19, Lots 16 -40, from R3 to R2, Petitioners (Case #70) - Second Reading and Public Hearing Ordinance was read. Mr. Lester moved for adoption, seconded by Mrs. Hajdu. Public hearing was declared open. Area was pointed out on map. Mr. Costello, from audience, objected to rezoning as he wishes to build an apartment building on Lots 7 and 8 of Blk 14. Mrs. Kessler stated that she wishes to withdraw her signature from the original petition requesting rezoning since this area now is the only one remaining for apartments, and there are some lots large enough for this purpose in the area - -Lots 37 -40 of Bik 19. Chairman White read a letter from the City requesting that a decision on the case be deferred until the next meeting so that the City Engineer and City Manager may fully evaluate the effects of the proposed rezoning. Public hearing was closed. Mr. Lester withdrew his motion with Mrs. Hajdu's permission. Mr. Lester moved that action be deferred on the case until the next meeting. Seconded by Mrs. Hajdu and carried unanimously by voice vote. VIII New Business - None IX Chairman's Report 7 0 7 ASSEMBLY MEETING - March 17, 1966 3 C. Letter from T. T. Jackson and Report and Request for Action from Building Inspector and Sanitarian on T. T. Jackson Trailer Park Letters and reports were read. Mr. Stansbury explained that the pictures included in the report show sewage draining onto Sutliff's property. He stated that Mr. Jackson is aware of the recommendations submitted by himself and Mr. Carter. Mr. Carter requested that a permit be immediately granted to Mr. Jackson, with stipulations for bringing the court up to standards. This permit could then be withdrawn if the stipulations were not accomplished. A fee of $10 per trailer was proposed. Mrs. Hajdu was against issuance of a permit, since it would negate her court order, if she voted for it. Mr. Hajdu, from the audience, suggested that the court order be held in abeyance and used against Mr. Jackson if he failed to meet any of the requirements listed in the Staff recommendations. Mr. Lester made a motion that the Assembly accept the recommendations of the Sanitarian and Building Inspector. Seconded by Mr. Haakansen. Attorney Madsen recommended that a permit be issued for the present 44 trailers only, s nce fhe could - not ask for a restraining • preven ng more trai ers w en the standing court order is not being enforced. Mr. Stansbury was also opposed to the addition of any more trailers, and Mr. Jackson had told him that six more were going to be added. Motion carried by roll call vote as follows: Yes No Wright Hajdu Haakansen Lester Chairman White asked Assembly approval on staff policy for individual trailers- - they must meet the same requirements as a house as far as set- backs, sewer, water, etc. are concerned. They will be issued one year temporary permits, subject to revocation on 60 days notice. Trailers existing before the ordinance was adopted will be subject to the same requirements. The Assembly concurred in this policy. C. Old Harbor Schools. A letter from Old Harbor's Village Council was read concerning the overcrowded schools and stating that BIA funds are not adequate. Attorney Madsen stated that the Borough had contacted BIA without results, and that the School Board is aware of the problem and is looking for a solution. He suggested that Chairman White discuss this matter with Ivor Schott. D. Use of Timber Lands in Kodiak Island Borough. Representatives from the State Division of Lands spoke to Chairman concerning possibility of combining Afognak Island with Shuyak, Marmot, Kodiak and Spruce Islands to establish a pulp industry. To do this, Afognak, which is controlled by the U.S. Department of Forestry, must be re- classified to control by the State. Chairman will write to the U.S. Depart- ment of Forestry requesting that this be done. B. Engineer's Contract. No reply has yet been received from the present Borough Engineer in regard to the mutual cancellation of his contract. Chairman will submit another request. A. Revision of P &Z Commission. Chairman received a call from Don Emmal of ASHA re his letter of application for a comprehensive plan. ASHA requested information on a Borough Planning Commission to administer the plan. Chairman requested Assembly's concurrence in the dissolution of the P &Z Commission as it now exists and the formation of a new Planning Commission to put the new Borough Comprehensive General Plan into effect - -this would be their only objective. In addition, there would be a side committee of three people to act as a zoning commission to handle variances and exceptions which could not be handled by the Staff. The Staff could handle most of these requests and this would streamline the amount of time required to obtain such requests. Mrs. Hajdu brought out that the Staff is not authorized to handle these matters under the present Ordinance. Chairman stated that the Ordinances will be revised at Staff level. E. Land Selection. There has been no reply to the recent request on land selection, nor has the down payment money from the land sale been received from the State Division of Lands. Attorney Madsen advised that the Assembly must officially request that this money be paid to the Borough. Mrs. Hajdu so moved, seconded by Mr. Lester, and carried unanimously by voice vote. X Assembly Comments - Mrs. Hajdu suggested to Mr. Wright that he follow the standard rezoning procedure for his property in USS 3218. XI Meeting was adjourned at midnight. TO: ALL DEPARTMENTS AND DIVISIONS FROM: BOROUGH CLERK SUBJ: ASSEMBLY MEETING OF MARCH 17, 1966 Item Assembly Action VI -B Elementary school drawings approved. Interim borrowing by School Board of Borough funds authorized. VI -D Assembly authorized bond issue to $300,000 to be placed before qualified voters concurrent with election to assume hospital powers. VI -A Wakefield Fisheries letter read. No action. VI -C Request for temporary zoning exception by Wright and Welborn denied. VII -A Ordinance 66 -5 -0, Rezoning USS 3098,Copy of ordinance to be posted on bulletin Case #38, Russell Wright - board. approved. VII -B Ordinance 66 -6 -0, Case #70. Deferred to next meeting. VII -C T. T. Jackson Trailer Park. Staff recommendation on temporary permit based on time- table of provisional compliance was approved. VIII New Business - None IX -C Old Harbor Schools came under discussion. No action taken. IX -D Timber Lands discussion. No action. IX-B Engineer's Contract reviewed. No action. IX -A PAZ Commission. Assembly concurrence given to dissolve and re- appoint planning group to pursue Comprehensive Plan and other matters. IX -E Land Selection status report. No action. X Assembly Comments. Discussion between Mrs. Hajdu and Mr. Wright on preoedures for rezoning. XI Adjournment KODIAK ISLAND BOROUGH ASSEMBLY ACTION SUMMARY Action Needed by Administration Staff action when or as required. Staff to schedule election after checking with Attorney on legality of one election covering both assumption of power and bond issue funding. None required. None required. Schedule for next Assembly meeting. Staff Sanitarian and Building Official to monitor and follow up. Chairman to confer frith Supt. of Schools. Chairman to write U.S. Dept. of Forestry to consolidate forest lands. Chairman to follow up. Chairman to advise Commission members and re- appoint streamlined planning group. Staff to prepare formal request to Div. of Lands for funds accruing 6or account of Borough from last land sale. None required. W.A.S.