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03/07/1968xopulK L $606 ) ASSET NE TINE -- i•larch 7, 1968 I CALL TO Oft Also presents Doug Preston, Clerk; Poy eacsen, Attorney, Jim Stansbury, ;Building Inspector, Sally iiendrix, Secretary, taking minutes and approximately 25 people in the audience. The meeting was called to order at 735 p.m. by Presiding officer Jo Hajdu in the r7agistrate's Courtroom, Donnelley Building, Yadiak, Alaska. II ROLL CALL Present Absent Sam Hest, Borough Lhairman acne ars. Jo Hajdu, Presiding Officer Don Arndt Jinn Lair Darn Bullock Betty Springhill III r]INVIES OF PREVIOUS IIELTINGS A. Regular - 2/15/68 Be Special - 2/29/68 There were no additions or corrections and minutes mere approved as written. IV OrIR MUTES A. P &Z - 2/21/66. There were no comments. B. School Board - 2/26/68. There were no comments specifically on the minutes, but Hrs. Hajdu stated that tear. Rouli hasi inquired if the School Board budget could be presented later than April 1 due to negotiations on teachers' salaries. It was agreed to wait and see if the Board could not meet the deadline. Mr . Best felt their budget woulu be available in time to prepare the Borough budget. C. hospital Board 1. 2/16/68 2. 2/29/60 3. 3/5/68 There were no caicnts. V COUILLTICATIOUS ._ CORRtiFiPWDL SCE. -, PE OPLL 'IO BL Ii.P,PD A. Rev. Childs re Hospital. Bev. Chiles reported that the I3oarci had recarn need the Will Ross Co. for purchase of the hospital equipment. The cost to the xjorough would be 12% of the cost of the equipment for the company, which is estimated to be $70,000 in Seattle. Weis service fee wou]d include planning the layout, decorations, and getting the equipment to Kociiak. Are presentative would come to i;odiak and would make a list of what is required, workinj with the hospital personnel. The company has a solid reru tation, nation -wic: e. rs. Springhill naval, secondeu by i ee Bullock, that the Eorough accept the recce t ndation of the hospital Board to hire the dill Ross Co. to do this service subject to review by the 'orough Attorney. Jr. Farr and er. Bullock felt that this type or contract is undesirable, since a oompaw mule pad the charges in order to receive a higher fee. Lut this type of contract is stanCarc in this field, and is permitted by fill - Harris. .1r. ':arisen pointed out that an adjustment would have to teleeee lathe contract since the penalty for late paymrent of an invoice is higher than the Borough is permitted to pay by Statute. After further discussion, motion carries: by unanimous roll call vote. B. Letter from S pokey Stover re Garbage Disposal. The letter was xead requesting pexmissicn to use the present dry carp site for tit: incineration of garbage. Mrs. ajdu suggested that this request be sent to PO, the Sanitarian and i3uilding Inspector for their reoaiitienuations . The Assembly concurred. Jr. Barr left the meeting at this point, to return later in the evening. C. George Cornelius re Lconamic Development District Plan. This it was tabled until iir. Cornelius was present. A S e r e L Y a r c h h 9, A VI PUBLIC BEARINGS 1711 PLc\i LING & ZONING ITEi VIII OLD BL' STr SS 2 D. Representatives frond; Fells Flats. The representatives inquired why Kodiak Lane; Co. had been given preference for a lease in Bells Flats, and asked why they themselves could not lease the land in which they arc interested. It was explains' that the State had re.. to the Borough that the 'Kodiak Lana Co. lease be honored since they had previously leased the area from FL i. Also, the Borough approves: this special use ti.ermit under these circumstances since this use of the land is a benefit to the whole community. It was further pointed out that such leases are ini4iateu by the State which manages the land which the Borough has selected_, Further, the Borough has no authority over land outside of its selections. According to the Borough's records, the people in Bells Flats are outside of the Borough selection. The representatives stated that their protests ha& been eismisg.ces aea that their area is now within the State selection. The Assembly recommended that this shatter be investigated to determine what the situation really is. A. Ordinance 68 -3 -0 Designating Aleutian Homes, Inc. Subdivision, :Block 8, Lots 1 -6 and 24 -29, and Roslyn Beach at Isthmus Cove for Public Use. The ordinance was read. i 4rs. Sprieghhill moved for its adoption, seconded by or. Arndt. The meeting was recessed and public hearing opened. A letter from DUUD was read stating that they had no objection to public zoning of Lots 1 -4 which had been deeded to the City, but that the City should purchase the other lots at the fair market value before they were zoned for public use. If the lots were zoned for public use while they were still owned by DHUD, they would have to be sold at a loss. •r. Franklin reiterated DIiUD °s position. There is a possibility that if the City purchases the lots and they are zoned for public use, funds may be available to develop them under the beautification program. 'after further oiscussion, lir. eullock moved to table action pending a discussion with the City. Motion died for lack of a second. dr. r badsen suggested anenaing the ordinance to include only Lots 1-4 and Roslyn - Beach. ier. Franklin pointed out that this area inicght be better used for high density housing than recreation area, not including Lots 1-4 which have already been deeded to the City. The public hearing was closed and e- .sting reconvened. :a% Bullock moved, seconded by Hrs. Springhill, to aunt the ordinance to include only Lots 1-4 of Block 8, any:: Roslyn Beach. iv tion carried by unanimous roll call vote. The question was called oil the motion to adopt the ordinance. 'lotion carried by unani.rnous roll call vote. A. Resolution 68 -9--R Approving Final Plat of Port Lions Subdivision, Block 3, It 11 -A and 11 -e - tdakefield Fisheries (Case 191--A). The resolution was read, :rs. Springhill moved for its adoption, seconded by ' 'r . Arndt. After brief discussion, ection carried by unanimous roll call vote. E. Recommendation frae P &Z re Chiniak School Site. The recommendation from P &Z describing the site they recommended was reach, and the map was studied,. The site was chosen because it is not set on a bluff, was not affected by the tidal wave, and has access to the beach. The Assembly suggested that this recommeneation be forwarded to the School Board for their approval. A. Lots in Original Port Lions Alaska Subdivision, The Borough promised to convey these lots to the owners at a price no greater than $500 per lot, but is prevented from doing this because of the land sale ordinance which requires that all lots be sold at no less than their assesses: value. The lane cannot be returned to the State for their disposal to the purchasers for $500 per lot since they have already patented the land to the Borough. Therefore, the only solution is for the Borough to convey these lands to the City of Port Lions for their disposal. This will require the land sale ordinance to be amended to include the Borough e s conveying land to another municipality in the Borough. ers. Springhill moved, seconded by er. Arndt, that the Land Disposal Ordinance be amended to permit the Borough to dispose of lands to an incorporated city of any class or a local political subdivision within the Borough for a nominal consideration. ebtion carried by unanimous roll call vote. B. Resolution 66 - -7 -R Pequesting Restoration of Anton Larsen Road.. The resolution was read. Firs. Springhill moved for its adoption, seconded by Mr. Bullock. iotion carried by unanimous roll call vote. ASSI 112E64GILe 11,/19 1 3 IX NB4 BUSINESS C. Resolution 68 -8 -R Setting November 15, 1968, as Delinquent Date for Second Half Tax Payments. The resolution was read. Hrs. Springhill moved for its adoption, seconded by Mr. Arndt. lotion carried by unanimous roll call vote. D. Shuyak Timber Sale Survey. Letter from the State Division of Lands was read stating that the selection as made by the Borough was an illogieaal forest or land management unit and that the cost of the survey would be prohibiti ve. The Borough had understocd that a survey would not be necessary if the land were colected by p =.oteacted sections. The State suggested an area fa se1e c tion which w eu1d be logical both fran the land ownership and for°�::e : e °iere :', rpc nt, ' .�rr._ . e survey would .... 4. ^� and which th T JtY_ V� WVu ld be at a mi iim xn. Er. _ . i.:;.st c _ L 'meL ed that the eee,e wo i d cost approximately $10,000. Miss. E:.jdii s •7e?ti tee t_'n. t tho Bo _'i get an estimate from the State on the survey coo!-s and '!ee d ci t whethee there would be any other costs involved if w sc_s bctod the area. It wr 3 pointed out that the State previously ha.' absorbed the cos; el land sale:. After further discussion, bir. Bullock moved, seconded by 14r. Arndt, that the Borough accept the State's recorrr " °...ndation on the Shuyak Umber sale selection and survey. Motion carried by roll call vote as follows: hrs. Hajdu - No, Pir. Arndt e Yes; 1Ir. Bullock - Yea, Mrs. Springhill - Ycs. E. Balls Fiats Borrow Si.tn S:irvey. A letter from the State Division of Lands was read sating that the area to be withdrawn from the management agree- ment with the State was acceptable to them, with a feu minor changes, and that the area would have to be surveyed before it could be patented to the Borough. The map was studied. hr. Best recommended that we ask the State to issue a contract for the survey. hrs. Hajdu inquired if a supplemental budget would be required for this appropriation. Mr. Best thought that it would carne .n the next fiscal year's budget. The Borough will perTorm the survey for the exterior boundary, and the contractors will be required to' have the individual tracts surveyed. It was suggested that processing of, the lease documents and the individual surveys be undertaken concurrently with the exterior boundary survey in order to e;rpcdite the leases, since the contractors urgently need the material. i. rs . Spr: i..nghii�l l moved, seconded by Lir. Arndt, 4he t1r i State be allowed t o nego a t.. .. a survey contract on . the borrow sites as qui.ck.1y as possible. T_ :ticn care :ed by unanimous roll call vote. F. Discussion of Parks anei }ecru >e :ion interim Study Carrtiti:ee and Election of Area -Wide F :c_ ::ea=ion Power. E2. Be- stated that the City already has a Recreation C:uuaitiee, but that in crest cf tee recreation areas are outside the City, the Bcrough should probably have an area-wide recreation power. An area --- -ide power wou ":u be needed to obtain sane funds for parks and recreation. There would be no expenses for the Borough until it was desired that funds be included in the budget to expend on parks anti recreation. 1r. Dulled: suggested that the Cannittee make a study on the adoption of the power ana research the costs involved. The Committee could came up with suggested pr^og-~ems to put before the voters. The Committee ' could help with the eeciri n of whether or not the Borough is ready at this point to adopt the powi r:. Mr. i3u1l.ock rived, seeended by Mrs. Springhill, that the Lorough work in conjunction with the City Parks and Recreation Committee in studying the Borough's needs for such facilities and the acquiring of area-wide recreation powers. The present City committee has as members Rev. Childs, Ralph Darnell, Nary larder, Joe Floyd. Norra Smith's n me was suggested as a maaber representing the Borough. 1rs. Hajdu felt that the car iittee should have equal representation from inside and outside the City of i:od:;.ak. Notion carried by unanimous voice vote. Fir. Best will ask Ilr. Sn?i h to join the coq n ttee. A. Confirmation of Edith Longini.re as P &Z r"ember:. ijrs. Springhill moved for confirmation of Ldith Lon mire as a member of the Planning & Zoning Commission. 'fiction seconded by Nr. Bullock and carried by unaniimous voice vote. B. Approval of Selection of Port TZ_ons First Addition. Urs . Spri nghill moved for the approval of the selecti_cn of the e Port Lions :Alaska Subdivision, First Addition, seconded b y hr. Lend),... L tion carri ed by unenininx us voice vote. ASSIJET t TI'i t J ' :arcs r l, 1.96 G. Discussion of Dog Control Ordinance H. Discussion of Fireworks Ordinance I. Discussion of Borough ilanager Plan. J. Discussion of Pioneer Access Roads C. Approval of Tax Adjustments P 67 -194, P 67 -195, P 67 --196. The adjustments were reviewed. Mrs. Springhill moved for their approval, seconded by itr. Bullock. i'otion carried by unanimous roll call vote. D. Approval of Selection of USS 3098, Lot 1. ';r. Best read a letter from the City requesting that this lot be selected anc turned over to the City for municipal purposes. After brief aiscussion, Hrs. Springhill moved for approval of the selection, seconded by sr. Arndt. Lotion carried by unanimous roll call vote. E. Green Amendment to OEO. hr. . i= arisen explained that under the Green amendment to the poverty program under the Office of Economic Opportunity, the local community action programs are to be placed under the direction of local political snheivision of the States. The State or any political subdivision thereof can opt to run the program. The Borough, if it so desires, may designate which agency it wishes to represent our area. After ciscussion, t r. Bullock moved, seconded by firs. Springhill, that we file our declaration of intent and list the present ASCAP organization as our designated agency. Motion carried by unanimous voice vote. F. New Area for Sanitary Fill. The use permit for the existing area expires on April 15. Mt. Burt and Mr. Best suggested an area beyond USS 1678 which is suitable to last a long period of time and is well screened front the new highway. The area could later be reclaimed for other use. It was agreed that this matter should be sent to the Planning and Zoning Commission for their recommendation. . Mr. Bullock moved, seconded by sirs. Springhill, that these items be tabled. Notion carried by unanimous voice vote. K. Discussion of Area -Wide Fire Protection. Mts. Hajc a states: that it is the opinion of the State Attorney General that an annexation petition must be defeated by the voters before the creation of a service district is allowed. The Local Affairs Agency inuicated that although the lack of sufficient signatures on a petitioe may be a gocu reason to justify the establishment of a service district, the creation of one without holding an election voule leave the eorough omen to a lawsuit agaiest it. Ors. . Hajdu reviewed the events over the past year concerning the annexation issue. She felt that the City has used the issue of fire protection to persuade people to be annexed to the City. She said that the Attorney General's office has shade it very clear that the statutes are not to be intcrpretee to force annexation. She said that no residents have askew for annexation, but that they are interested in creating a service district. Sne requested the AsseAely to have an ordinance prepared to create a service eistrict. Sne estimated that r.'d.litary surplus fire equipment, plus repairs, maintenance and insurance, would cost araout $3,000 per year. ir. Arndt is willing to sionate materials for a garage at Island Lake, tiaright & : elborn on sill Lay, and the Beachcombers in their area sr. Hest, airs. Springhill, and a member of the audience felt that the borough would be oe firmer ground if it waited until after an election on the annexa- tion question to fond a ,service district. it. Bullock stated that it is the trend now for cities to annex outlying areas. The City Engineer stated that the petition itself would only be for the purpose of calling for a vote on annexation, and that by sign&nng it people would not ee obligating themselves to vote for annexation. A me< <ber of the auL ience stated that some people passing the petitions uo not care if they are inside or outside the City--they are only concerned about receiving fire protection. Pr. Madsen stated that it would help to know the number of signatures required for a successful petitioh. Thirty percent of the property owners in the area are required to sign. Airs. rajdu thought it would be better to go ahead am get the necessary ecui - went aria if annexation is called for by the voters, then the egui :went can he given to the City. Nr. i arisen exrxlaineu that if the area-wide power of fire protection were taken on by the borough, the borough would have the power for the whole area ans: the City would have to relinquish its power to the borough. The Borough would also be required to furnish a fire departs ent in each village. ; rs. bajeu presented a petition signet by 375 people, 300 of T hsxa reside inside the City, requesting an election for area -wide fire protection. ASSE1 L i- ±2 - 1 1 , •Jarch ( 3, 660 9 lit. iiadsen was concerned about the people knowing the true facts of the cost of forming a service district. He suggested that a good study be made on the cost. He said that the district would need its own fire chief, lights and heat in the garages, maintenance, insurance, and clothing Cr. Darr moved that the Borough Clerk be instructed to prepa..._e cost data for a service area serving the local area, and that the Borough Chain an prepare the necessary procedures leading to formation of a service area should a vote for annexation fail. Potion seconded by Hrs. Springhill. Mr. J ac sen. suggested that Mr. Best find out if , surplus equipment is available. Best stated that he has already inquired and no equipaent is available now, but there are sane leads. flr. iMadsen stated that the cost of equipment would have to be considered. Mr. Barr amended his motion to specify the formation of a service area for fire protection. Mrs Springhill concurred. lotion carried by unanimous roll call vote. X CHAIPHAN' S REPORT A. City's Share of Cost of Comprehensive Plan. i?r. Best reported that the City had agreed to pay 50 percent of expenditures up to $15,000. D. I Street Playground. i r. Best reported that the area proposed is not wide enough. He contacted the owners of the lots needed, and they offered to sell their lots ip an e of $ 0 x,er 1 t. The total c. s 0 uld be approximately t ' rasE gt b 2 b f ' x} 1 8 eu g 6 s� uggesteu that an exchange of property be made with these people, or that a condemnation proceeding of eminent domain be used. Since the School Board will have to fund the acquisition of these lots, this natter was referred to them for their recoazmendations. i r. Stansbury reported that the City is preparing to establish grades, prepare the ground, and has already ordered grass seed for the area C. Trip to Villages on [ 9. Departure ti ee was set at 8'00 a.»n for the trill to Larsen Bay, rarluk, and Akhiok. The Assembly planned to attend in its entirety, with the possible exception of er. Bullock, due to other commitments. The School i3oarci will be contacted to determine if they wish to attend XI ASSEMBLY COI iEFTS - Cone XII ACOOUI NLENT •-' The meeting adjourned at 12.50 a.ra. Mr. Hadsen felt that an alternative to area-wide fire protection and to waiting for an election on the annexation question would be to file in Superior Court a petition for ceclaratory judgment concerning the attempts to annex the outlying areas, and to ask the court if there is sufficient evidence to create a service district without an election. If the judge ruled in favor of the creation of a service district, then one could be created. In effect, this would amount to disagreeing with the Attorney General's opinion, which is considered law until challenged by a court. i:.r% Nadsen estimated that it would take approximately 30 days for the judge's decision, and would cost approximately $500 to $700. iir. Arndt stated that he felt that annexation would be the best solution for fire protection, but that if it is voted down, another solution must be found. Nr. Arndt moved that Nre Liadsen be given the authority to prepare a petition for declarato?y judgment. After some discussion, Arndt added to his motion to determine whether the Borough has the authority to create a service district without the matter of annexation going to a vote. Motion seconded by Mr. Barr, who had returnee, to the meeting. It was estimated that in addition to the 30 days needed for the judge's decision, another 60 days would be required to create a service district, an cverall total of 90 days. Mr. Bullock pointed out that if a successful petition were presented for annexation, fire protection would be given immediately. He also personally felt that fire protection would be continued up to the time of an election and up to the time of the creation of a service district, if annexation were defeated. fie was not speaking for the Council, however. i:r. Barr felt that he himself and others would be foolish not to sign the annexation petition, since fire protection would be provided immediately, free of charge. iIrs. Springhill suggested that after a successful petition was presented, an education campaign should be conducted to g: :e e the people the correct facts with which to decide for or against annexation. 1 fte .an celled eed otio . failed. by roll call - vote as fellows: ii s. ejeu - ee.e . r. Arndt - `.ti.', >, r. Barr - No ir. Bullock - No; i;rs . Sprin.gi: - _ - i : e . APPROViDe G. S. Nest, e orcugh Chairman J