12/07/1967KO
II ROLL CALL
raggTeceviber.7; 1 1967
I CALL TO ORDER
The meeting was called to order at 7:35 p.m. by Deputy Presiding Officer Jim Barr
in the Magistrate's Courtroom, Donnelley Building, Kodiak, Alaska.
Present Absent
Sam Best, Borough Chairman None
Mrs. Jo Hajdu (late arrival from Juneau)
Don Arndt
Jim Barr
Don Bullock
Mrs. Betty Springhill
Also present: Doug Preston, Clerk; Ralph Valkama, Assessor; Harry Carter,
Seafood Sanitarian; Howard Keiser, General Sanitarian;
Roy Madsen, Attorney; Jan Metzker, Assessing Clerk; Perry
Stockton, City Manager; Pete Deveau, Mayor; Ray Burt, City
Financial Director; Rolland Jones, City Engineer; City
Councilmen Pete Resoff and Emil Norton; Fire Chief Gene
Holliday; Ivor Schott, School Supt; Sally Hendrix, Secretary,
taking minutes; and 15 people in the audience.
III MINIMS OF PREVIOUS MEETING -w• 11/16/67
There were no comments.
IV OTHER IV INUI!.5
A. P &Z - 11/29/67
B. School Board
1) Regular - 11/13/67
2) Special - 11/16/67
3) Special - 11/21/67
There were no comments.
4) Regular - 12/4/67. Included in these minutes was a School Board Resolution
approving changes and additions to the 1967 -68 school budget. The School
Board requested that this resolution be approved by the Assembly. The
attorney explained that the Borough would have to accomplish these changes
and additions by ordinance. This matter was referred to the staff for
preparation of the ordinance.
V COMMUNICATIONS - CORRESPONDENCE - PEOPLE TO BE HEARD
A. U.S.G.S. Representatives re Water Resources Study. Mr. Harry Hulsing, Engineer,
and Mr. Don Morris, Geologist, were present to explain such a study. It would
include making an inventory of water resources, collecting data, and publishing
reports on surface water, ground water, the quality of water, and the
dependability and variability of supply. They were of the opinion that at
present there is meager data for Kodiak, with none concerning ground water. A
cooperative study would be done on a fifty -fifty funding basis. The earliest
available funds would be the 1968 -69 fiscal year. They recommended a study
of at least 3 years. The first step would be to determine what data is now
available. The study could be made at key points on the island, with the
emphasis in the Kodiak area. The program could be re- oriented at any point.
There was a discussion between Mr. Deveau, Mr. Hulsing, and Mr. Chapman of
Tryck, Nyman and Hayes as to what data is now available. Mr. Deveau was of
the opinion that the necessary data for the Kodiak area is already available.
The Assembly concurred in looking into having a study made, and in proceeding
with determining the extent that is necessary to make a cost estimate. Other
representatives of U.S.G.S. will return to Kodiak to investigate further.
B. Fire Protection in Outlying Areas. Mr. Best stated that he had received
requests that a means of fire protection outside the City be discussed. He
said that several communities throughout Alaska receive fire protection from
cities on a cost basis and that maybe such an arrangement could be made here
for a limited time until the areas are annexed to the City. Mr. Madsen
stated that this could not legally be done, since tax revenues cannot be
used only for a small area. Mr. Deveau stated that before the City fire
protection was withdrawn from the outlying areas, notice had been given that
people could purchase insurance riders which would entitle them to protection
but no one had asked for these. He stated that any area which petitions for
Aa13L'u.iuLY 7, 19o7
afnex ,tib n wili 're ia fire irotection while the annexation is being
accomplished. Mr. Deveau said that if the City had kept on giving fire
protection to the outlying areas, they would never petition for annexation.
He is.of the opinion that the Island Lake area wishes. to be annexed, and .
that the Spruce Cape area does also except for a minority. Mr. iest stated
that he has appointed 'a committee to study the pros and cons of annexation.
The follQ}aipg means of giving fire protection to the outlying areas were
discussed further: 1) an election which would give the Borough the power of
fire protection: This is not practical beca4se Mr. Madsen explained this
would require the Borough to require fire protection throughout the Borough.
2) Special service districts which would be accomplished by elections held
in each district that was interested. Mr. Madsen.; stated that this would be
ossible. The districts would then contract with the City for
protection. Mr. Barr suggested that the Borough staff explore this procedure
while annexation is being studied. 3) Annexation. Mr. Stuckey and Mr. Arndt
offered to take petitions to the Island Lake area. Mr. Best's committee to
study, annexation will hold their first meeting on January 9. 4) Volunteer
fire departments for each area. Mr. Deveau said that the City had offered
a truck but that no one had made an effort to have a meeting. It was felt
from past experience that this method is not effective. Fire Chief Holliday
asked that a solution be found, since it is very difficult for the firemen
to have to stand by and not be able to take care of a fire. He said that
the City; is equipped now to take care of fires outside the City. There are
now three trucks, and the Chief and one truck' would always remain inside the
City. Also, the Navy will assist if necessary.
C. East Elemrtary School Water Line. A letter from the City requesting that
the Bo * sell their interest to the water line to the City for $1.00..
was read. Mr. Best stated that since definite legal ownership of the line
has not been established, and since the new Catholic School is in need of
water and is being annexed to the City, that the Borough convey its interest
in the line to the City so that there will be one less party involved in the
determination of the lggal owner of the line. The City will pursue this
determination. Mr. Madsen stated that in an opinion previously submitted to
the Borough, he had determined that the waVer line did belong to the Borough,
since the Karluk Co. did not have the authority to operate a water system,
and the School Board did contract with Karluk Co. for its installation.
for $10,000. Mr. .Bullock moved that the Borough sell the East Elementary School
water line to the City of Kodiak for $1.00. Motion seconded by Mrs. Springhill.
Mr. Barr suggested that the motion read '`sell the interest in the East Elementary
School water line.' Mr. Bullock so amended his motion, with Mrs. Springhill's
concurrence. Motion carried by unanimous roll call vote.
D. Letter from Ed Crittenden of ASHA re Comprehensive Planning Grant. Letter was
read stating that $10,000 was available toward Phase I of the plan for FY
1967 -68, and possibly $10,000 toward Phase II for FY 1968 -69. The fee for
ASHA would be about $1,000. Mr. Crittenden suggested that the Borough's
contract with Tryck, Nyman and Hayes be re-written into two phases, since
HUD cannot reimburse for funds already expended. Mr. Madsen stated that he
would like to review the newly proposed TNH contract, and compare it with
the old one. Mr. Bullock moved, seconded by Mr. Arndt, that this matter be
referred to the Attorney for his recommendation at the next meeting. Motion
carried by unanimous voice vote.
E. Letter from George Hedla re Funds for Hospital Construction. Letter was read
suggesting that the money budgeted for hospital staff quarters be reallocated
to the hospital construction, and that the remaining amount needed be
reallocated from one of the other capital improvement items or from
contingencies. Letter was read for information only.
F. Monthly Reports from Harry Carter for June through November. Reports were
briefly reviewed. There were no con]nents.
VI BUBLIC HEARINGS -- None
VII PLANNING & ZONING ITEMS
2
A. Recommendation from P &Z re Requests for Borrow Sites in Bells Flats.
Recommendation was read that these requests in the area selected by the
Borough where the old Navy sewer and water lines still partially exist, be
denied, and that the State be requested to suggest another area, since the
gravel is of an inferior grade, and the old lines may still be salvaged.
Mr. Arndt moved, seconded by Mrs. Springhill, that the Assembly concur with
the recommendation of the Planning & Zoning Commission. Motion carried by
unanimous voice vote.
ASSIMELY Dt:cei;;ber 7, 19uy 3
BQ acotilmeddationIro4 Pik ri Private Recreation Classification for Lots in USS
3474 at Chiniak. Recommendation from P &Z was read that the lots be classified
Private Recreation and sold at an unrestricted public auction as suggested
by the State, thus giving the present tresspassers a chance to purchase the
lots on which they have placed improvements. There was a discussion as to
whether lots sold under this classification would be sold under Veterans
Preference or not. It was felt that Veterans Preference should apply to the
sale. After considerable discussion, Mr. Barr moved, seconded by Mrs. Spring-
hill, that the Borough go on record and so notify the Division of Lands that
they have no objection to the classification of Private Recreation per se but
that they desire that the Veterans Preference right still apply. Mrs. Hajdu
suggested that the motion be amended with the addition of "if the Veterans
Preference right applied in the previous sale of Private Recreation lots in
Chiniak.h Mr. Barr so amended his motion, with Mrs. Springh4ll's concurrence.
Motion carried by unanimous voice vote.
VIII OLD BUSINESS
A. Letter from Attorney re Taxes on Relinquished Lots. l,at.0 mas read t...ing
that the State would not be required to collect the taxes, but the lots„woqa4
be sold subject to the outstanding taxes. The Borough would do the collecting.
Further, the delinquent taxes could not attach to the individuals, since
legally they attach to the land. The Assembly concurred that Mr. Best should
write to the State and so inform them.
B. Attorney's Opinion re Assembly of God Assessments. The opinion was read
stating that if the Assembly determines that the lots being taxed are lots
on which the church stands or are used for church parking or other purposes,
then the assessment is invalid. It was pointed out that at the time the
assessment was made, the church had made an error as to which lots their
building was situated on. Also, a question was raised as to whether the
church had been using the lots at the time of the assessment. After a lengthy
discussion between the Pastor and other representatives of the Church and the
Assembly, the Assessor and the Assessing Clerk, Mr. Bullock made a motion,
seconded by Mr. Arndt, that the assessment on the lots which have been
. assessed be vacated, specifically Lots 7, 12, 13 and 14. After further
s*scussion, the motion failed by roll call vote as follows: Mrs. Hajdu - No;
Mr. Arndt - Yes; Mr. Barr - No, Mar. Bullock - Yes; Mrs. Springhill - No.
Mrs. Hajdu informed the Church representatives that their next recourse would
be to the courts if they feel they are being unjustly taxed.
C. Assembly Decision on 1968 Tax Status of Baptist Mission Property North of
Highway. Mr. Stone agreed that the lots received in the trade for the
hospital property would have to be taxed, since they are not being used for
church purposes at present. However, there is a dam on the part of USS 2843
north of the highway that is used for the Mission's water supply, and so this
land should be exempt. The assessor agreed. The Mission does not have title
to Lots 2, 3, 4, and 5 of USS 3511, so naturally they cannot be taxed for
these tots. Mr. Barr moved that the Borough take the position for the 1968
tax status that Lots 13, 14, 15 and 16 of USS 3511 be considered excess to
the uses of the Baptist Mission and taxed, and that the portion of USS 2843
lying North of Rezanof Drive be considered necessary to their use and not
subject to tax. Motion seconded by Mrs. Springhill and carried by unanimous
roll cal vote.
D. Ittermination of Population for Municipal League Dues. The Assessor's
estimate for the area outside the City of Kodiak was 3000. The City deter-
mined their population to be 6000. A Department of Labor survey as of
July 1, 1966, gives the Election District a population of 8,479. Mr. Barr
projected this figure to the present as 8800, giving the area outside the
City a total of 2800. Mr. Barr moved, seconded by Mr. Bullock, that for
official purposes on the basis of the projection of population from the
Alaska Department of Labor, the total Borough population be set at 8800 and
the portion for use in determining the League of Alaska City's dues be set
at 2800 outside the City. Motion carried by unanimous voice vote.
E. Forgiveness of Penalty and Interest on Pearson Taxes. No one was present
to represent the Pearsons. The Assembly requested that Mr. Pearson submit
a formal request in writing and appear before the Assembly concerning the
matter.
IX NEW BUSINESS
A. 1968 Reassessments. Letter from the Assessor was read explaining that there
are several areas adjacent to the City which are not consistent in their
evaluation and should be reassessed for 1968, and requesting the Assembly's
concurrence in performing this partial reassessment. Market information
ASS,:J 1 LY ; c31.: ier 7,
4
`
=010 00 that ihe4 a niinetid to revise property values within the City
Limits. The Assembly concurred with Mr. Valkama's request. Mr.. Barr stated
that the law requires that reassessments be made if market values change.
Mrs. Hajdu commented that the uneven assessments outside the City probably
resulted from the BOE hearings when Mr. Cole was Assessor. Attempts were
made to make blanket changes at that time, but some areas were missed, leaving
the uneven assessments.
B. Land Sale - Veterans'Preference. Mr. Best stated that he had discussed with
the State whether the next sale should give preference to veterans. The
State feels that the veterans have had sufficient preference in Kodiak, and
that other individuals should be given a chance for first choice on the
lots to be sold. However, it was pointed out by the Assembly that the
veterans can use their preference in a State sale one time only, and that
not many lots were sold under veterans' preference at the last sale. It
was agreed that especially under today's circumstances, the veterans should
be given preference. Mr. Barr raved, seconded by Mrs. Springhill, that..we-
inform the Division of Lands that we desire to retain veterans' preference
on the next land sale. Mr. Barr amended his motion to include "as per State
Statute." Mrs. Springhill concurred. Motion carried by unanimous voice vote.
X CHAIRMAN'S REPORT
A. Resignation of Arne Hansen from P &Z and Appointment of Ernie Brothers. Mr.
Best stated that Mr. had tried £o arrange to keep the position, but
was forced to resign because of being away. Mr. Best had reluctantly accepted
his resignation and appointed Mr. Brothers to the Commission. A new Chairman
will be elected by the Commission at their next meting.
B. Annexation Committee. Mr. Best reported that he had appointed Judy Teuber,
Ray Kvalheim, Don Johnson, Elmer Jesser, Tony Perez and Dick Juelson to a
committee to investigate the pros and cons of annexation as an i
group. The first meeting will be January_ wftr - 00Me - a Chairman will be
elected. There was further discussion as to the City's moral obligation_..to-__---
the City people - for-f`h ..protection and how to provide protection to the
outlying areas. A point exertion is that it is thought that
anyone just annexed into the City would not be able to run for Council for
one year, or for Mayor for three years. Mrs. Hajdu suggested that the City
Council reverse its decision and provide fire protection to the outlying areas
until the annexation study is made.
C. Dog Control - Progress and Information. It was found that the City ordinance
cannot be enforced outside the City, since a Borough does exist. Therefore
the Borough will need its own ordinance. The Sanitarian will draft an
ordinance. Mr. Barr pointed out that the City ordinance made it illegal to
carry a deer on a car fender and that this should be changed in the Borough
ordinance. Mr. Best stated that other suggestions should be given to the
Borough Office. Mr. Carter said that it might be possible to obtain funds
from Fish and Wildlife for rat control.
D. Status of Coast Guard Property. Mr. Best reported that the City has agreed to
install the required valve in the water line and the Highway Department to
construct the necessary turn - around. An estimate for construction of a fence
is being obtained. Then further action will have to wait until the Native
Land Claims are settled.
E. Resignation of Bookkeeper. The resignation of Dolly Hansen was read. Mr.
Best reported that there have been two applicants for the position so far.
F. Borough Chairmen's Conference. Mr. Best will attend the Alaska Borough
Chairmen's Conference in Anchorage on December 8 and 9.
XI ASSEMBLY CQN!'S
A. Mr. Barr re Mill Bay Road Erosion. Mr. Barr stated that the local State
Highway representative said that the State will do only minor maintenance
on this portion of the road until it is re- located. Mr. Barr fears that
a bad storm might take the road out completely. This is the portion near
the trailer ouurt formerly belonging to Naughtons. Mr. Barr roved, seconded
by Mrs. Springhill, that the Borough go on record as strongly urging the State
Highway Department to put the highway back on the right-of-way and to protect
it from erosion at the Mill Bay area. Motion carried by unanimous voice vote.
B. Mrs. Springhill re Sewage and Sanitary Conditions. Mrs. Springhill felt that
the present situation must be corrected. Mrs. Hajdu suggested that steps be
taken to require people in the City to hook up to the City sewer if they are
not now connected. The bad situation at Island Lake was discussed. Temporary
measures have been taken at Brunstead's Trailer Court, but a permanent solution
must be found.
XII ADJOL9T ,Th t I _ , as ad j oi ^d at mien r ht .
i
A'1'1'EST : / APPROVED: