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10/06/1966 RM' ) 1 - 9 1 KODIAIC ISLAND BOROUGH ASSEMBLY MEETING OCTOBER 6, 1966 I CALL TO ORDER The meeting was called to order in the Magistrate's Courtroom, Donnelley Building, Kodiak, Alaska, by Presiding Officer Russell Wright at 7:45 p.m. II ROLL CALL Present Wilton White, Borough Chairman Russell Wright, Presiding Officer Fred Brechan Mrs. Jo Iiajdu Eldon Lester Also present: III MINUTES OF PREVIOUS MEETING B. T. T. Jackson Trailer Court Absent Sven Haakansen Doug Preston, Borough Clerk; David Ruskin, Borough Attorney; Jim Stansbury, Building Inspector; Sally hendrix, Secretary, taking minutes; and approx. 25 people in the audience, including 3 representatives from the State Division of Lands, and 4 from the BLM. A. Regular Meeting - September 15, 1966. Minutes were not read, since copies were available to everyone, and were accepted as presented. IV OTHER MINUTES A. Planning and Zoning - September 21, 1966 B. Planning and Zoning - September 23, 1966 Minutes were read aloud. There was a short discussion, and it was agreed that the Assembly should follow the same policy as P &Z in notifying everyone concerned when there is a complaint to be heard. Minutes were approved as read. C. School Board - September 15, 1966. The Chairman was directed to inquire into how much the School Board intends to contribute toward boarding high school pupils; whether the State will reimburse the District for the entire cost or only part of it; and whether the State has given a firm commitment for this reimbursement. He was also requested to inquire into the differential on the school lunch program. V COMMUNICATIONS - CORRESPONDENCE - PEOPLE TO BE HEARD A. Representatives f- BLM and State Division of Lands. Deferred until later in the meeting. 1. Request from Nr. Jackson 2. Letter from Borough Engineer Request and letter were read. Also, an inspection report by Mr. Kuchta of the State Department of Health was read, stating that although some progress had been made since previous inspections, no plans had yet been submitted, and recommending that no expansion or further construction be permitted until such plans were submitted and approved. It was determined that Mr. Jackson's present plan is for 52 trailers, that 51 trailers are on location, and 50 are occupied. 42 or 43 trailers are on the sewer system. After further discussion, Mrs. Hajdu moved that Mr. Jackson's request for a permanent permit for the trailers on the sewer system, and permission to store trailers on the rest of the court be denied, per the recommendations of the Borough Engineer and the State Sanitarian. Seconded by Mr. Lester. During discussion, Barry Carter, representing the State Department of Health, explained that the State relinquishes to a municipality having a local code, the authority to issue trailer park permits. However, the State does not relinquish the requirement for the submission and approval of plans for water and sewer systems. They will be required for all courts, regardless of when they were established. After further discussion, motion failed by roll call vote as follows: Mr. Lester - No; Mrs. Hajdu - Yes; 1`r. Brechan - Po; 'r. Wright - No. Mrs. Pajdu moved that Mr. Jackson's request to store and sell trailers be denied, since his property is not zoned for commercial usage. Motion died for lack of a second. ASSEMBLY MEETING - October 6, 1966 2 Mr. Lester moved that rr. Jackson's request for a permanent trailer park permit be denied. Seconded by Mrs. Hajdu, and carried by roll call vote as follows: Pir. Lester - Yes; Yrs. Ilajdu - Yes, Nr. Erechan - Yes; Mr. Wright - No. During further discussion, 1r. Jackson stated that he had attempted to submit plans but had not yet been able to do so. Mr. Barr stated that he had prepared plans which could have been used but were not. Mr. Jackson finally requested that Coastguardsman Tony Norton be permitted to occupy the trailer for which he had prepared a space. This would make 51 trailers occupied. after further discussion, Per. White suggested, and the Assembly concurred, that Mr. Carter inspect the trailer spot and issue a permit for it if it meets requirements. This would bring the total trailers permitted on the present temporary /provisional permit to 50. T•Tr. Jackson would then be required not to replace the next trailer which moves out of the court, leaving the occupied number of trailers at 50. C. Mrs. W. E. Russell with Pequest Regarding Exceptions to Build Apartments and to Conduct a Retail Store in an Unclassified Zone - USS 3066 Lot 2 Blk 2 (Case Nos. 94B and 94C) Case was reviewed and plans submitted by Mrs. Russell were observed. There was no formal request from Mrs. Russell in writing. Mr. Brechan had spoken to her and reported that she could meet all the provisions previously set except the 10 foot easement, since the Beachcombers had refused to sell the property. Mrs. Hajdu suggested, and the Assembly concurred, that the case be tabled until a formal written report is received from Pfrs. Russell, the Building Inspector, and the Sanitarian, since the Assembly cannot take action until these reports are received. D. Recommendation from P &Z re Zoning Map. Recommendation that the zoning map be updated and prepared on a larger scale was read. I_rs. Hajdu made a motion of concurrence. Seconded by Nr. Lester and carried by unanimous voice vote. VI PUBLIC HEARINGS A. Pequest for Exception to Build Sleeping Rooms in Water Oriented Business Zone - Townsite Blk 18 Lot 20 -E - M. Owens (Case 59 -A) Case was reviewed and public hearing held with no comments. Hr. Lester moved that the exception be granted. Seconded by Nrs. Hajdu and carried by unanimous roll call vote. B. Request for Exception to Build Church in R -2 Zone - Baranof Heights Blk 4, Lots 6, 7, 8 - Kodiak. Bible Chapel and Baranof Heights (Case 160 -A) VII PLANNING & ZONING ITEMS Mrs. Hajdu moved that the request be approved. Seconded by Mr. Lester. Public hearing held with no comments. Notion carried by unanimous roll call vote. A. Request for Trailer Park Permit - Baranof Heights Addn #2, Blk 1 - Baranof Heights, Inc. (Case 135 -B) VIII OLD BUSINESS Case was reviewed, and minutes of City Council waiving the City's ordinance against trailers inside the City ware read. Mr. Lester moved for a public hearing to he held at the next regular Assembly meeting. Seconded by Mrs. Hajdu and carried by unanimous roll call vote. It was suggested that the Zoning Commission review the plans and submit their recommendations. A. Ordinance 66 -22 -0 Providing for Codification of Ordinances and Pesolutions First Reading Copies of Ordinance and Code were provided for Chairman and Assembly members. Mr. Ruskin explained the requirement for codification of the Borough's general and permanent ordinances and resolutions,which include those on taxation, assessment and levy, zoning, land disposal, elections, and personnel regulations. The remaining ordinances and resolutions are either temporary or special. Ordinance 66 -22 -0 adopts the Code, repeals the previous ordinances and resolutions included in the Code, and excludes any effect of the Code on previous contracts, rights, and penalties. Mr. ASSEMBLY METING - October 6, 1966 Lester moved for adoption of Ordinance 66.22 -0 in the first reading, and for notice of a public hearing to be published, said public hearing to be held at the next regular Assembly meeting. Seconded by .ors. Hajdu and carried by unanimous roll call vote. IX NEW BUSINESS - None X CHAIRMAN'S REPORT 9 3 A. Hospital Committee. The Committee met and looked over the proposed site. Some problems with the site were found which the Committee is now working out. B. Ordinance Committee. The Committee is making progress in revising the zoning ordinance. They are considering the elimination of R1 districts, and permitting more in R2 areas, such as expando trailers on concrete foundations. C. Zoning Commission. The Commission is hoping to have recommendations on zoning changes as soon as possible. D. Representatives from BLM and State Division of Lands. Mr. White introduced Claude sioffman, Joe Keenan, and Ken Hallbeck from the State Division of Lands; and the following representatives from the Bureau of Land Management: Burt Silcock, State Director; Fred Cook, Resource Utilization Specialist; James V. Scott, District Manager; and James Thurston, Area Manager. He also introduced newly elected Assembly members Don Arndt and Jim Barr, and Arnold Hansen, Zoning Commission Chairman; Sam Best, Ordinance Committee Chairman; Bob Brooks, Ordinance Committee member; and John Welsh, Zoning Commission member. Meeting reconvened at 10 :00 p.m. after a 10 minute recess. E. Election Returns. The returns were read by Mr. Preston, and it was announced that the new members would be sworn in on Monday evening following the City Council proceedings. It was also noted that the Borough does have provisions for absentee voters to vote one day before the elections; and that there had been a long delay in getting the ballots printed due to a lack of paper. V A. Discussion on Lands Problems. It was reported that the surveys on the new subdivisions are to be completed in November. Following completion of the appraiser's work, the sale can be held, possibly in late December or early January. The contour map of the area along the proposed Otmeloi Point Road will be completed in one month. The sale of the unoccupied Port Lions lots will be held at the same time as the previously mentioned sale. The Port Lions City Council has selected logical developers for the lots, and the Borough will convey title to the purchasers later at the State Appraiser's price, which is not to exceed $500 per lot. The BLM representatives explained that they are working toward turning over all possible land to the State. This will also include cancelling Federal grazing leases, which will then be issued by the State with the same tenure and conditions. There will be no lapse of time between the Federal and State leases. There will be a meeting held with the ranchers on October 7 to discuss problems concerned with the leases, such as the State's authority to reclassify portions of grazing lease land for residential purposes. It was reiterated that all land sales must be accomplished by public auction which is required by State law. There followed a lengthy discussion of the problems concerned with the Bells Flats land. It was explained that the Navy has determined that this land is surplus to their needs, and so will be turned back to BLM. This has not yet been entirely accomplished. When this has been completed, after the proper publishing, the State will have 90 days to select the land. BLM cannot grant the State a patent until after surveying has been done, but they can give the State tentative approval on selection, and in turn the State can give the Borough tentative selection approval. 1 () i # 1 9 ASSEMBLY MEETING - October 6, 1966 4 XII ADJOURNMENT The presence of the trespassers on the land will not prohibit these selections, and since the land is urgently needed by the Borough, it was decided to Pursue this course of action. It was pointed out that the trespassers have no legal claim to the land. It was agreed that the Borough policy would be to notify the people that they are trespassers and that as soon as possible, the land will be surveyed and sold by public auction as required by law. The trespassers may then purchase any lots they so desire. Mrs. Hajdu made a motion that the State be requested to select the land from BLM and that the entire proceedings be pursued as rapidly as possible by both agencies concerned. Seconded by Mr. Brechan and carried by unanimous roll call vote. The BLP'" and State Division of Lands agreed to do everything possible to expedite the turnover of the land to the Borough. XI ASSEMBLY COMMENTS Mr. Wright stated that it had been a pleasure for him to serve as Assemblyman, and Mr. White thanked him on behalf of the Borough for his service to the community. The meeting adjourned at 11:30 p.m. Attest: 1 /C Approved: j,t), — A , Doug s G% 'reston Wilton T. White Clerk /Treasurer Borough Chairman