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