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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: