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02/06/1969 RMi CALL TO ORDER III mans OF PREVIOUS iOE.'TING KODIAK ISLAND BOROUGH ASSEMBLY MEETING - FEBRUARY G ul, 1969 The meeting was called to order by Presiding Officer Don Bullock, at 7:35 P.M. in the courtroom of the New State Office Building, Kodiak, Alaska II ROLL CALL Present Absent Don Bullock, Presiding Officer Sam Best, Borough Chairman Jo Hajdu (excused) Betty Springhill Don Arndt Jim Barr (late arrival) Also Present: Roy Goodman, City Manager; Mr. C. S. Mattock, District Highway Engineer; Charles Hillbish, Highway Department; Jim Stansbury, Building Inspector, Howard Keiser, Sanitarian, Sally Hendrix, Clerk; and about five people in the audience. A. Regular Meeting - January 16th, 1969. One correction was noted: Page four, Paragraph 2, line 11 from bottom - " The U.S. Public Health Service did install water and sewer systems in three villages, Port Lions, Old Harbor and Ouzinkie but the State monitors these systems. These three villages are the only ones in which the U.S. Public Health Service installed the water and sewer systems.'' Minutes were approved as corrected. B. Special Meeting - January 24th, 1969, the minutes were approved as presented. C. Work Session - Assembly & School Board - January 30th, 1969, the minutes were approved as presented. A. Regular Meeting - Planning & Zoning - January 29th, 1969 - B. School Board - Special fleeting - January 20th, 1969 C. School Board - Regular f_ieeting - January 27th, 1969 D. School Board - Special Meeting -- January 30th, 1969 There were no comments on these minutes. AND APPEARANCE REQUESTS A. I.1r. C. S. Matlock, District Highway Engineer. B. Letter from Governor Keith Miller re Borough Resolution 68 -43 -R concerning State Snow Removal. The letter was read stating the Resolution had been received and that apparently parked cars on the new highway prevented complete snow removal. This was reported resolved and service should be adequate now. C. Letter from Mr. Harold Ward re Kodiak Christmas Decorations, setting forth the amount of money needed from the Borough to assist in the Christmas Decorations. This matter was tabled until the next Meeting. D. Letter from Division of Lands, re Time Extension, Harry Ardinger, ADL 31949, requesting that a time extension of one year to meet the annual payment. Mrs. Hajdu moved that the State's recommendation of six months be followed and that a time extension be granted, seconded by Mrs. Springhill. The Motion passed by unanimous voice vote. E. Letter from Division of Lands re Time Extension, Donald Conrad, Douglas Putansu and Charles Powell requesting time extensions to meet the annual payment on Borough Lands. Liss. Hajdu moved that each of the people in the letter, Conrad, Putansu and Powell, also be give a six months extension of time fro the date the payment was due, seconded by Ur's. Springhill. The motion passed by unanimous voice vote. F. Letter from Mr. Trowbridge, Division of Lands re Timber Sale SC-160 enclosing a copy of a contract for timber that Northern Exploration and Equipment Company has requested to purchase. The Borough Chairman's recommendation was to go ahead with the contract but not select the land. r!rs. Hajdu moved that a letter be written indicating that there are no objections to the contract proposed, seconded by Dirs. Springhill. The motion passed by unanimous voice vote. I{ODIAK ISLAND BOROUGH ASSE v1T LY £' STING - FEBRUARY 6th, 1969 Page 2 G. Letter from Ouzinkie Advisory School Board re Borough Boundaries submitting an opinion of the Advisory School Board and concern for the educations needs of the Ouzinkie Children and the children of other Island Villages. The Board maintained that to divorce the Village Schools from the Kodiak Borough Schools at this point would be to lose any progress that has been made in the past five years and would virtually amount to a return to segregation. Further in the event of a reduction of the Borough Boundaries the raw fish tax from outlying areas would be lost completely to the State, available neither to the Borough nor the Villages. The receipt of this letter was made a matter of record. The question was raised as to Lne outcome of the visit here last week of the Director of the Local Affairs Agency. Mr. Goodman informed the Assembly that Tyr. John Beard met with City Council and Borough members in regards to the City's request for information on the feasibility of reducing the size of the Borough or increasing the size of the City; and to help determine the amount of area that would be necessary for Borough and City to work with and allow expansion with some forethought to the future. Mr. Beard left a list of information needed for further study, most of which was taken directly from the Comprehensive Plan. This will be reviewed and Mr. Beard will come back to the Borough and City and help them draw their own conclusions on this matter. Should there be any proposals of changes in the size of the Borough it would have to go through the Boundary Commission and changes in the size of the City might have to go through the Commission. The Local Affairs Agency will be able to obtain information concern- ing the amount of fish tax dollars: :received from and expended en "fihe "outlying " areas. A. Mr. C. S. Matlock, District Highway Engineer, mentioned the fact that the event of the December snow and subsequent events were due primarily to a misunderstanding and problems of maintenance but were all taken care of at this time. The State is in the process of renting additional equipment which will help do a better job in the future. A policy is in the making, as established with other Cities, that the State maintain the roadways and the City in general maintain the sidewalks. Mr. Matlock gave a listing of priority work and the costs as follows! (1) Hill Bay Erosian Control is scheduled to be done this year. The road will be realigned, cost $115,000. (2) Repair of Road to Cape Chiniak is under contract to Fir. Rivers and should be starting sometime in the Spring. This will consist ,of repair to the road and replacement of bridges, cost $480,000. (3) Raising of Anton Larsen Bay Road is under contract and should be started within about two months. This job will be only raising the road above high tide level as there is not enough money on hand to extend the road at this time, $48,000 has been alloted for this job. Extension of the road could possibly come from the Off - System Funds and these are rated on the following: Anticipated traffic; is it a school bus route; number of residences on the road: the fact that the road is used regularly by the Port Lions people could help in this rating. (4) Mill BY extension programmed for preliminary engineering and right of way from downtown on out to connect with project completed on Pillar Creek sometime this summer. The projected traffic report indicates a four -lane road will be needed and additional right of way will have to be made available. Public hearings will be held on this and construction is programmed fci. 1971 -72. The road length is 1.7 miles and estimated cost for the right of way is $1,800,000 and construction cost of $1,000,000. (5) Naval Station road repair scheduled for 1973 -74 for a cost of $800,000. This would probably connect with the Cape Chiniak repairing program. (6) Continuation of Mill Bay Road and Nachtweih road out to Monashka -. and new right of way is planned for 1972 -73 for $400,000 to connect with road completed last year. The question was raised as to whether or not the trees blocking the view on Hill Bay Road through Mrs. Nachb'ieih's prdpert could be cut as there are some dangerous curves. It was noted that the highway department has only prescriptive right of way there and no trees may be cut. Perhaps signs could be installed to acquaint people with the curves there. The question was brought up as to the possible extension of the hlonashka Highway to Otmeloi Point and it was noted that since a priority listing must be made the other projects were more needed at this time. Mr. Matlock and Mr. Hillbish informed the Assembly that should any problems arise they should be contacted for help. KODIAK ISLAND BOROUGH ASSEMBLY MEETING - FEBRUARY 6th, 1969 Page 3 H. Letter from L1r. Crittenden stating copies of the Agreement with HUD had been received and they are ready to meet with the School Administration and the Borough Chairman on proceeding with plans for the New E gh School. This was tabled pending the return of the Borough Chairman. VI PUBLIC HEARINGS A. Second Reading, Public Hearing Ordinance 69- 1- 0pvirg Fire District Budget The Ordinance was read by tit' and a run-down of the Budget was made for the benefit of the audience. c'lrs. ktajdu moved for the adoption of Ordinance 69 -1 -0 in the second reading, seconded by Mr. Barr. The meeting was recessed and the public hearing opened. The question was raised if this total budget will take care of only four months; noted that some expenses have already been incurred and the time will be more like six months. There was a question as to who would have the responsibility of hiring the equipment supervisor and what wage scale was to be used It was also pointed out that according to the Mutual Aid Assistance Agreement the hiring was to be agreed upon be the City Manager and the Borough Chairman. It was brought out at this time that applications have been received and reviewed by the Volunteer Fire Protection Advisory Board for recommendation to the Assembly. The public hearing was closed and the Assembly meeting reconvened. The question was called for and the motion passed by a unanimous roll call vote. Mrs. Hajdu moved that it be a matter of record that the Borough Aseembly is desirous of having the employee be an employee of the City of Kodiak with a recommendation for hiring to be made by the Borough Assembly to the Borough Chairman, seconded by '7r. Barr. The motion passed by a unanimous voice vote. B. Second Reading, Public Hearing Ordinance 69..2 -0 Establishing a Central Treasury The Ordinance was read by title only. Mr. Barr moved for the adoption of Ordinance 69 -2 -0 in the second reading, seconded by Mrs. Hajdu. The meeting was recessed and the public hearing opened. This was a recommendation of the School Board from several years ago and i!r. Schott has indicated his approval. Mr. Jackson asked if this would save money and it was noted that although this is not the prime reason for establishing a central Treasury it could well do this and the money could be put in Tire Certificate Deposit Savings to draw interest. Mrs. Springhill asked if this would require an increase in the number of employees and was informed that this would not be necessary. The public hearing was closed and the meeting reconvened. The question was called for and the motion passed by a unanimous roll call vote. VII PLANNING & ZONING ITEMS A. Appeal of P &Z Decision on Exception Request, J. J. Holman (Case 212 -A) The report from Planning & Zoning Commission of January 30th was read stating the reasons the request had been denied. The Commission did not feel that a junkyard would benefit the area involved; it was not deemed necessary or desirable to the public convenience or welfare and was not in harmony with the various elements or objectives of th' rnmproioniva Plan. The case was reviewed at which time back- up information was read. Mr. Holman was present and informed the Assembly, acting as an Appeal Board, that he did not intend to bring in any more automobiles, but must have a place to repair for sale the ones that were presently on his property. He further stated that he had too much invested to just cart these off to the dumps. Mr. Holman felt that he had been discriminated against and for this reason did not apply for a building permit in the first place as he believed it would be denied. This was the reason that he built the structure without a permit. Mrs. Hajdu moved that the appeal be denied and that the recommendation tf the Planning & Zoning Commission be followed, seconded by Mr. Barr. The question was called for and voting was as followsg Mr. Arndt ° NO; Mr. Farr - YES; Mrs. Hajdu YES; Mrs. Springhill - NO; Mr. Bullock - YES. The appeal was denied by 3 to 2 Vote. B. Resolution 69 -4 -R Approving Final Plat, Russian Creek Alaska Subd., State (ease 198 -B) The Resolution read by title only and The plats were exaniher and Borough Engineer's recommendations were reviewed and discussed. Mrs. Hajdu moved for the adoption of Resolution 69-4 -R approving the Final Plats of Russian Creek Alaska Subd., State, seconded by Mr. Barr. The motion passed by unanimous roll call vote. C. Resolution 69-5-R Approving Final Plat, Bell's Flats Subd., State (Case 196 -A). The resolution was read by title only and the plats were studied. It was noted that the Highway Department is requesting additional right of way and this may delay the recording. The Department of Highways maintains that the right of way KODIAK ISLAND BOROUGH ASSEMBLY MEETING - FEBRUARY 6th, 1969 Page 4 is 200 feet rather than the 100 feet viven in the plat. If the Highway Department can produce the papers on this then the right of may will be given to them. Nlr. Arndt moved for the adoption of Resolution 69.5 -R approving the Final Plats of Bell's Flats Subd., subject to the Mate's resolving the right of way along Tract A, seconded by Mrs. Hajdu. The question was called for and the motion passed by unanimous roll call vote with Mr. Barr abstaining. VIII OLD BUSINESS A. Court Decision re T. T. Jackson's Application for Certificate of Public Convenience, stating that Mr. Jackson's ap, ication had been refused due to failure to return requested information. Ar. Jackson was asked if he had any intention of furthering these plans and he replied that he had none at this time. B. Ordinance 69 -4-0 First Reading, Establishing Minimum Penalty and Iidterest Payment cn Late Personal Property Filings. The Ordinance was read stating that such penalty and interest amounts to ONE DOLLAR or less will be waived. Mrs. Springhill moved for the adoption of Ordinance 69 -4 -0 in the first reading, seconded by Mrs. Hajdu. After discussion it was decided that instead of waiving the amount a minimum penalty should be established. The question was called for and the motion passed by unanimous roll call vote with the recommendation that the Ordinance be returned to the Attorney for rewording. C. Change of Population Figure as presented to the Municipal League. It was noted that the population figure given to the Municipal League for establishing dues was taken from the Economic Base and Population Study and included 1693 Military Personnel in uniform which should have been eliminated, leaving a total of 7087. P1rs. Hajdu moved that a letter be addressed to the Municipal League giving the corrected population figure, seconded by Mrs. Springhill. The motion passed by unanimous roll call vote. D. Consideration of Building Requirements, Miller Point 1st Addition and 2nd Addition; Kadiak, 1st Addition. The minutes from the January 16th meeting were read. This item was tabled at the last meeting to give the Assembly time to consider the requirements. After some study the members felt that the restriction should be withdrawn from these areas. Mrs. Hajdu moved that a new resolution be drawn up! and sent to the State Division of Lands stating that the Borough is in favor of removing restrictions for building on Miller Point, 1st and 2nd Addition and Kadiak 1st Addn., seconded by Mrs. Springhill. The motion passed by unanimous voice vote. E. Copy of Mr. Madsen's letter to Mr. Cole's lawyer Mr. Clouse was read stating that the Borough Assembly rejected the compromise settlement of $1,000.00. No r was taken on this matter. F. Letter from Olsen & Sands Architects re Kodiak Hospital Staff Residence was read stating that acknowledgment of acceptability of contract for architectural work has not been received. The letter further requested additional compensation for any major revisions or redo of the drawings submitted. A merry from Mr. Sands was also read setting forth a possible way of cutting the price of the Staff Residence. This cut would consist of approximately $3,000 which still would not bring the cost within the amount as set up by the Assembly. Mr. Barr moved that the Borough Chairman direct a letter to the Architect stating that the Assembly rejected his approach to the hospital quarters and that the Assembly finds the current proposal totally unacceptable and that as previously requested we wish the building designed as a complete conventional frame structure which should bring the total cost to less than $60,000, seconded by Mrs. Springhill. The motion was passed by unanimous voice vote. G. Consideration of Legal Action, Subdivision 3218, Tract B, Marinkovich (Case 185• -A) The background on this was discussed in that the Assembly's approval was given for the Subdivision with the provision that a new plat be drawn up. This has been pending for over a year and no plat has been presented. Mr. Barr moved that Mr. Marinkovich be notified by certified mail, return receipt reauested, addressee only, of the Assembly action and that unless a plat is received within sixty (60) days that the Staff be authorized to take the necessary legal action seconded by Mrs. Springhill. The question was called for and the motion passed by unanimous voice vote. s 9 2 7 IX NEW BUSINESS KODIAK ISLAND BOROUGH ASSEMBLY MEETING - FEBRUARY 6th, 1969 Page 5 A. Ratification of Action Taken re Support of Booth for Alaska Trade Fair. Mr. Barr moved that the Assembly ratify the action taken at the S Special Meeting, January 24th, 1969, seconded by Mrs. Springhill. The action was to allocate $3,000 for the Booth and this was to be placed in the Budget as a line item unaer "Administration the motion was passed by unanimous roll call vote. B. Ratification of Action Taken re School Board's Application for State Capital Improvement Funds. Mrs. Spri hill moved for ratification of action taken as reviewed in the minutes of the Work Session on January 30th, 1969, seconded by Mr. Barr. The uuestion was called for and the motion passed by unanimous rc'' call vote. C. Resolution 69 -E6 -R and Resolution 69 -7 -R Ratifying Fire District and 'ater.District Election Results. e Peso ution was read and a questio'� n was raised on tie wording. It was agreed that this should be returned to the Borough Chairman to find a lawyer to draw up these resolutions. The lawyer should review the words "delegating powers ". D. Discussion and Recommendations re Ordinance Amending Code to Include USE Variance. Mr. Barr stated that this would just be another type of spot zoning. In discussion of this the point was brought out that many people do not want their area rezoned but have no objection to an exception or variance being given. It was further pointed out that there must be some leeway in the building max and what is needed is an Appeal Board to interpret the various ways the Building Code can be read. Mts. Hajdu moved that the Borough Chairman be requested to appoint an Appeal Board of people knowledgeable in the Builcinig Trade to act as an appeal board for the building code withtie approval of the Ass - ly, seconded by Mrs. Springhill. This board T could determine and approve alternate methods of construction and interpretation of the Code. The motion passed by unanimous voice vote. The Assembly desired that the amending of the Ordinance be returned to P &Z for their recommendation. E. Resolution 69 -3 -R Setting Delinquent Tax Date for Second Half of Taxes Due In 1969. Mr. Barr moved for adoption of Resolution 69 -3 -R setting the Due Date as October 15th and delinquent after November 15, seconded by Mrs. Hajdu The motion passed by unanimous roll call vote. F. Approval of Tax Adjustments P68 -36; P68 - 37; P68 - 38; P68-34, P68 -39; P68 -40. The adjustment lists were checked and the Assembly agreed that later reports should show whether or not this adjustment is a decrease or an increase. Mrs. Springhill moved for approval of Tax Adjustment P68 -36; P68 -37; P68 - 38; P68 and P68 -40, seconded by Mrs. Hajdu. The motion passed by unanimous voice vote G. Approval of Expenditure Vouchers for January, 1969. The record is to show that the Vouchers were submitted and this is to be tabled until the next meeting. It is further noted that the Assembly requested the report in advance of the meeting if possible. A question was raised as to the Travel Fund and it was thought that some travel expenses were taken from the General Fund and transferred to the Fire District that should have stayed in the General Fund. X CHAIRMAN'S REPORT - NONE XI ASSEMBLY COM 'S - NONE XII AUDIENCE Cat 1ENTS - NONE XIII ADJOURN! IR r The meeting was adjourned at 10:50 P.M. ATTEST: APPROVED: ally B.[Hendrix, Clerk/Treasurer Bullock, Presiding Officer Adjustment No. Name Amount Reason P68 -36 P68.,37 P68 -38 ADJUSTMENTS TO BE APPROVED BY ASSEMBLY ON FEBRUARY 6, 1969 Roy Furfiord $22.74 1965 trailer was evaluated as a newer trailer. R & S Co. $6.27 Property located outside city; was marked as inside. Kenneth W. Klockenbrink $17.95 PENALTY. Form was filed on time but erroneously put in supplemental. Adjustment fran 1/16 -69 P68 -34 Kodiak Star Apartments $2.49 This is the penalty not the tax: Valuation was changed from $11,170 to $8,000, but was not changed on the roll. P68 -39 Duncan U. and Edna R. Fields $10.98 Property located inside city, was marked as outside. Has paid penalty of $1.10. P68 -40 Dennis L. and Charlotte A. Young $47.43 This was included on another form in the original roll. Includes penalty.