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03/21/19684 I n () 9 KODIAK ISLAND BOROUGH ASSEkiBLY EM TING - March 21, 1968 I CALL '10 ORDER The meeting was called to order at 7.45 p.m. by Presiding Officer Jo Hajdu in the Magistrate's Courtroar., Donnelley Building, Kodiak, Alaska. II ROLL CALL IV OTHER DINUIES Present Absent San best, Borough Chairman None Tars. Jo Hajdu, Presiding Officer Don Arndt Jim Harr Don Bullock Yes. Betty Springhill Also Present! Doug Preston, Clerk, Ralph Valkarna, Assessor;, Ray Madsen, Attorney; Jim Stansbury,:uuilci ng Inspector, Howard Keiser, Sanitarian, Hayor Pete Deveau, City Councilmen Wilton 'bite and EMii Norton, P &Z Iirbers Ernie Brothers and John Welch; Ben Ardinger, Ordinance Committee Lenber, Sally Hendrix, Secretary, taking minutes, aad approx. 25 people in the audience. III MUTES OF PREVIOUS I ETING - 3/7/68 Mr. Best made two corrections. The first sentence under V -B should state, "the letter was read requesting permission to use the present dry dump site for the incineration of garbage.` Item X L should State, "The total acquisition cost would be approximately $75,000 plus replatting costs of approximately $1,000" instead of $2,220. The minutes were approved as corrected. A. P &Z - 3/13/68. There were no comments. B. School Board - 3/11/68. There were no emit bts. V 024Z ICATIWS - ODRfl SPQ DLNCE: -- PEOPLE TO BE I ? P\D A. Sig Strandberg, Local Government Specialist for Local Affairs Agency re Annexation. This item was tablecu until later in the agenda due to the late arrival of ?4r. Stranuberg's plane. B. Representatives from Bells Flats. Mr. Taylor and Jr. Brasie explained that they had applied to the Planning & Zoning Ccannission for an exception in Dells Flats to construct a bar on a temporary foundation until they awn the land, and for a trailer park in the future. They intended to follow the building code for the bar except for the temporary foundation. The State Alcoholic Control Board told then that a license could be obtained even if the building were on a temporary foundation, as long as it was a platform and not skids. They have applied to the State for purchase of the land. They claim that they have the, right to build on the property as the Chiniak people did:, and the right to an open auction without veterans preference and with 120 days to remove their improvements if they are unable to purchase the lots. It was pointed out that the Chiniak sale will not include Veterans Preference because the lots were classified Private Recreation by the State. :r. Taylor and Mr. Drasie asked if an exception has been granted for the gravel sites in Dells Flats. fir. Hest stated that none had been, due to an oversight. i r. Madsen reviewed the list of exceptions permitted after public nearing by P &Z under Section 11-A of the Zoning Ordinance. Gravel sites are included under the list, which cites development and extraction of natural resources, together with necessary buildings, apparatus or appurtenances. However, bars and restaurants are not: included on the list. Therefore, a rezoning from Conservation to Business would be required for the bar. However, a rezoning application roust be suLmitted by a property owner. An application with the State for ownership of the land would not be sufficient. A contract of sale is necessary. Then the application would be submitted to P &Z. i:r. Madsen also determined that a public nearing will be necessary under Section 11 -A of the ordinance for the gravel sites. The Assembly requested that P &Z :old this hearing. C. Letter from State Division of Lands re Future Land Selection. Letter was read stating that there are 1100 acres in Ionasly a Day with high potential for residential area as the Pillar Creek Road is amended, recreation acreage in Chiniak for both public and private development; and portions of Larsen Island with possible private and public recreational sites, which are available for Borough selection. These areas have received tentative approval by the State and therefore are not subject to the Native Lancl Claims. hrs. Iiajdu asked if VI PUBLIC HEARINGS VII PLANNING & ZONDIG 'TUB VIII OLD BUSINESS 4 ASSEMBLY I• . G - Mareh 21, 1968 2 any further information had been received concerning the letter from the Native Association requesting that no further land sales be held until the claims were settler:. i'tr. Best replied that no additional information had been received. I,r. Barr stated that the State recently announced they had received tentative approval to Tduoody Island. de suggested that a list be obtained from the State of land they have selected and for which they have received tentative approval. in this area. or..est will request such a list. D. Letter from State Division of Lands re Sale of Port Lions First Addition. Letter was read urging that the B ough not impose any restrictions on the sale. Further, they feel the lots are residential and if they are so classified, would be sold under the Veterans' Preference law. The difficulty of enforcing building start restrictions was discussed. The Assembly requested that further discussion be held with Port Lions on these matters before any action is taken. The sale has been scheduled for early fall. If Port Lions still wishes to include the time limit on building, the Assembly felt it should be included. It might help to curb speculation in the land. A. Amended Ordinance 68 -3• -0 Designating Aleutian Hoes, Inc. Subdivision, Block 8, Lots 1 -4, and Roslyn Beach at Isthmus Cove for Public Use The amended ordinance was read. r4r. Bullock moved for its adoption, seconded by hers. Springhill. The meeting was recessed and public hearing opened. hr. Barr pointed out that the zoning ordinance as amended provides for service recreational uses, instead of public use. Also, a telegram from DIiUD was read, giving their approval for the rezoning of Lots 1 -4, Block 8, Aleutian domes, Inc. Subdivision. There were no other comments, and the hearing was closed and meeting reconvened. Mr. Bullock moved, seconded by hrs. Springhill, that "public use' be stricken and 'for service recreational use be inserted in the ordinance. notion carried by unanimous roll call vote. Motion to adopt the amended ordinance as corrected carried by unanimous roll call vote. A. Resolution 68 -11 -R Approving Final Plat of Subdivision -- First Addition Airpark Subdivision, Block 1, Lots 33 and 34 - Argo Corp. (Case 178 -B). The resolution was read. Lt. Jest described the area being subdivided. Lot 33 contains Argo Corp.'s two new warehouses, and Lot 34 is vacant. The plat was approved by the Borough Engineer and by P &Z. hrs. Springhill moved for the adoption of the resolution, seconded by iit. Earr. hbtion carried by unanimous roll call vote; B. Reccmmendations from P &Z, Building Inspector and Sanitarian re Request free Kodiak Disposal Co. to Incinerate Garbage. I-Ers. Hajdu suggested that this item be tabled, since x:r. Stover was not present, and P &Z had not yet received the rem aneneations of the Building Inspector and Sanitarian. I rs . Springhill moved, seconded by idr. Arndt, that this item be tabled. i.otion carried by unanimous voice vote. A. First Reading of Oruinance 60 -4 - -0 Amending Lands Disposal Ordinance to Permit Borough to Convey Land to Other iunicipalities in the Borough. The patenting of the lots in the original Port Lions Subdivision to the Borough, requiring that this ordinance be adopted in order for the Borough to convey these lots to Port Lions, was reviewed. Port Lions will then receive the revenue from the sale of 5884T8R.iASe°E 4Bece was read by title only. hrs. Springhill moved for its reaaand, secondec; by dr. Bullock. A gentleman fray Chiniak asked if a community association would qualify as a local political subdivision. Mr. fadsen replied that it would not. The gentleman questioned the legality of the ordinance. . The ordinance was then read in full, antimotion carried by unanimous roll call vote. B. Reeamendation from P &Z re i.Iew Area for Sanitary Fill. The recom endation from P &Z that the area beyond USS 1678 should be used, was read. Hrs. Hajdu asked for a recommendation fror u the sanitarian. 11r. Keiser stated that he had looked at the area and reccaLaaami a that it would be suitable. The question was raised as to whether the area should be rezoned for the location of the sanitary fill, or an exception. Lt. Barr moved, seconded by hr. Arndt, that the Assembly recommend to P &Z that they hold a public hearing on this and that the Borougn Administration proceed with all the necessary steps to carry it through. i otion carried by unanimous voice vote. ASSELI3LY t <�sTG -- i�iarch 21, 196 2 3 C. Request from Chamber of Commerce Oceanographic Ccaranittee for hatching Funds. The official FY 1967 -68 budget was presentee, totalling $9,400. It was agreed that the Borough could contribute funds to the Committee under the power of Planning and Zoning. Pirs. Springhill raised the question of the $1,000 budgeted for lobbying. It was agreed that this amount should not be included, since our legislators cannot lobby. This leaves a total budget of$8,400. It was agreed that matching funus should be provided up to the amount needed, excluding funds appropriated by the City, to be paid upon receipt of bills from the Committee. $3,000 was appropriates: by the City, and $3,000 was received in donations, leaving a total of $2,400 still needed. After further discussion, i-lr. Bullock moved, seconded by Mrs. Springhill, that the Attorney be instructed to draw up the necessary ordinance for a supplementary budget item in the amount of $2,400 fur the Oceanographic Committee of the Chamber of Commerce, with payment to be made after the expenditure of funds from all other sources. Motion carried by unanimous roll call vote. D. Scheduling of Trip to harluk and Aktiiok. The date was set for Saturday, April 20. All assemblymen except iir. Bullock will be able to attend. E. Discussion of Dog Control Ordinance. Hrs. Hajdu did not think that a leash law should be included for clogs outside the City Limits, since people with large lots should not have to keep their dogs tied up. She also felt that it would be impossible to enforce such an ordinance in outlying areas such as Chiniak and Spruce Cape. Mr. hajdu objected to a Borough-wide ordinance for dog control, since he slid not feel that the people in this area should have to pay for a dog catcher to catch dogs in the villages. -ir. Madsen suggested that the ordinance provide for cities to take care of their own dog control. lip. Keiser suggested that a dog catcher be hired jointly by the City and Borough, and that a dog pound would be required. he felt that if charges were made for licenses and to free dogs from the pound, that the program could be self - supporting. It was felt that the City should be more strict about enforcing their dog control ordinance. The problems of the turnover in personnel in the dog catcher position were discussed. The City has recently hired Warren Idurphy on a part-time basis The problems of actually catching dogs were also discussed, since many of them might be dangerous. i-:+ayor Deveau suggested using a tranquillizer gun. Several individuals in the audience raised the question of dog packs in the outlying areas, and whether this is a matter for State or Borough predator control. These dogs have been seen destroying deer. After further discussion, Mr. Barr made a notion, seconded by Mr. Bullock, that the proposed dog control ordinance be tabled and that the Borough Chairman approach the State Division of Fish and Game concerning a predator control program for dog packs in the Borough area. Motion carried by unanimous roll call vote. Mrs. Springhill stated that she would bring up the platter of the City's stricter enforcement of their ordinance at City Council. F. Discussion of Fireworks Ordinance. lair. vest pointed out that control of firee works in other Boroughs varies from no fireworks being allowed at all, to disallowing them except for the 4th of July, to no control at all. i r. Barr stated that he enjoys fireworks and doesn ' t feel that they should be eliminated entirely, but feels that there are scale highly dangerous fireworks which should be prohibited. It was suggested that a limit be set by the amount of powder in the fireworks. The assemblymen had not completed; reviewing the ordinances of the other Banoughs . Er. . Barr mmed, seconded by [ ir. Arndt, that this item be tabled. I"btion carried by unanimous voice vote. V A. Sig Strandberg, Local Government Specialist for Local Affairs Agency re Annexation. iir. Strandberg outlined the least lengthy procedure for annexation. A petition signed by 30% of the owners of substantial property interests in an area presents a petition to the City Council for its consideration, The petition must contain a precise written statement of the services requested by the residents. A two --week notice of a public hearing on °the annexation is then published. At the hearing the Council decides whether or not to accept the petition. If it is accepted, the Council .trust adopt a resolution of intent, giving the property description of the area to be annexed, a detailed statement of the terms and conditions of the annexation, and the proposed effective date of annexatigiP, This rE_.Solgtion is publi.sned.for 4 weeks, and if even one ;protest is made to the annexation during the ensuing 60 days, either by a resident of the area to be annexed or of the :ity, an election must be held cn the questicn of the annexation. The protest does not have to be made in person, but may be made in writing instead. Only the people who reside in the area to be annexed and who own property there are eligible to vote in the election. Individuals who own property outside the City but live inside cannot vote. A simple majority is needed to win the election. If the annexation is defeated, a service area is then justified. AssF L1 I„ „lath J a'JC 4ll 11,419a 4 An alternative to this annexation procedure would be step annexation. A petition may request that during each of the next 5 fiscal years, the rate of taxation, for the area to be annexed would be set at a specified percentage of the normal taxation. The rate would be increased each year until it is up to 1000. mayor Deveau stated that the City does not feel this arrange cent would be fair to others who have been annexed and have been taxed at the full rate from the beginning. Another method of annexation is to petition Local Affairs. The Boundary Commission will then hold a hearing in the area to decide whether or not the annexation is advisable, and will submit its recommendation to the Legislature for a final decision. The two drawbacks to this method are that it is so time-consuming and that the local residents do not decide the issue. The point was raised that the present annexation was initiated by the City. Jr. Barr stated that this was not true, and that the petitions were being passed by residents from outside the City. There had been 143 signatures obtained out of the 149 required, which is 30% of the total number of property owners, 496. If enough signatures are not obtained, Hadsen stated that there is no time limit as to when another petition may be attempted. The question was raised as to how long the entire annexation proceedings mauled take. After the petition is presented, the hearing must be advertised for 2 weeks. Then the resolution of intent must be publishes: for 4 weeks. Then there is a period of 60 nays during which protests may be mace. The question was raised as to whether the full 60 days must pass if a protest is filed on the first cay. Then a 4 weeks advertising period is required for the election. Hrs. Hajdu stated that she had spent $500 of her own funds to obtain the metes and bounds description used in the petition asking for a graduated mill rate. She agrees that the logical solution is for annexation, but on a graduated mill rate basis. Hrs. Hajdu is not participating in the present petition in which the metes and bounds description obtained by her was used without her permission. She also felt that the City's resolution of intent should state what services will Le furnished to the annexed areas, when and for how much. The Statutes requires that the City give a detailed statement of the terms and conditions of the annexation. She feels that the City oust study the proposed services and their cost. Hrs. Hajdu feels that if people are not really interested in being annexed, thdy should not require the City to stand the costs of an election. She felt that a service district would be legal on the basis of a lack of sufficient signatures on the petition. She stated that the Attorney General's opinions are consistent in indicating that annexation cannot be forced if the people do not wish it She further explained a point made by ±r. Chandler - --that some areas on the petition such as ionashka Bay Subdivision_. which have no residents at present and therefore whose goners cannot vote, would be brought into the CIty along with the populates areas, if the latter owners favored annexation. Also areas such as Spruce Cape, where she feels a majority of the people are against annexation, might be brought into the City through this annexation petition if there are more people in other areas who are in favor of it. ur. Chandler had asked if it would be possible to go to court and get an area such as Spruce Cape taken out of the petition before the matter corms to a vote. tir. Strandberg thought this would be possible. Hr. Strandberg pointed out that the statutes are not clear and cut and dried on many details of annexation, so that some latitude is left up to the local communities in these matters. ir. Hajdu also askew if the City has made a survey on the cost of the annexation, and of what services would be available when. iayor Deveau replied that the extra services would cost $70,000 annually, . and only $50,000 would be realiedd in additional revenue. He explained that police and fire protection and administrative costs come out of taxes collected. The water, sewer and dock budgets stand on their own and are in separate bank accounts. This includes their original installation. W.ayor Deveau stated that the City must know what area will be included in the City in order to ::ia?e future plans for water and sewer lines. Ht. Taylor of Bells Flats inquired about the creation of service districts for outlying areas such as Bells Flats. It was stated that the people could either petition the Borough for a service district, or could incorporate as a city. A first class city must have 400 or more permanent inhabitants, and a fourth class city must be no closer than 10 miles to anther incorporated city. The question was raised as to whether a first class city could be incorporated if it were contiguous to another first class city. Ir. Strandberg thought that this would be possible, 1 1 9 ASSE1LLY i'->i "i'ING - March 21, 1968 5 Ir. Jackson asked the Assessor if two identical homes, one inside the city and one outside, with the same utilities, would be assessed at the same value. Lir. Valkama replied that it depends on the demand for housing. If the demand is great, as it is at present, there would be little difference in the assessment. If there was less demand for housing, then there would be less ciermadd for hones in outlying areas, and so those values would be less. Nr. Jackson also inquired as to what will happen to the Spruce Cape water line rate if annexation takes place. Mayor Deveau explained that at present each individual pays an extra $3 per month toward the City's share of the constzmction of the line, amounting to $50,000. After this amount has been paid, the rates will revert to the normal water rate. Everyone agreed that the Fire Department is doing an excellent job. VIII G. Discussion of Borough Manager Plan H. Discussion of Pioneer Access Roads ifir. Barr made a motion, seconded by Tir. Bullock, to table the remainder of the old business. potion carried by unanimous voice vote. IX DEW BUSINESS A. Approval of Tax Adjustments P 67 -197 thru P 67 -203, R 67 -31 thru R 67-37, and R 67 -40 thru r 67 --49. The adjustments were reviewed. Tars. Springhill moved, seconded by Er. Bullock, that the adjustments be approved. Notion carried by unanimous roll call vote. B. Setting of Date for BOE. lair. Valkama suggested iiay 10, with Nay 13 as an alternate. Tirs. Springhill moved, seconded by T•'ir. Barr, that BOE be held on Nay 10 with lay 13 as an alternate. Tnotion carried by unanimous roll call vote. C. Approval for Obtaining 'itio Surplus Laundry Buildings at ACS Trailer Court for School Use. ht. Best stated that the school had expressed a desire for these buildings to be used for dry storage, and that he had net the deadline date with a letter of intent to purchase them. They can be purchased at a public benefit allowance, which will probably be very nominal. Its. Springhill moved, seconded by Mt. Arndt, for approval of obtaining the two surplus laundry buildings for school use Notion carried by unanimous roll call vote. X Ci-iAIRIAN ° S }::PORT A. Civil Defense. Lin Hest announced that one of the local patrolman, the Assessor and the Building Inspector will attend civil defense pilot program schools. Chief Phines will attend a management course. B. U.S.G.S. 'eater Resources Study. ix. orris of UOS.G.S. was in town for several days collecting information with which to prepare cost estimates and proposals for a water resources study. His visit was free of charge to the Borough. He will return within a month to present the proposal. C. borrow Sites. ir. rest asked the Assembly if they felt the Zoning Ordinance should be amended to allow borrow sites in conservation or unclassified zones. The Assembly felt that it should not, and that each applicant for a borrow site should be required to obtain an exception with a public hearing. XI ASSET•BLY ELVIS A. ht. Harr re Annexation. ier. Barr stated that he was concerned about the lack . of facts and mis=representation of them concerning the annexation. He suggested that a four• -man fact- finding committee appointed jointly by the Borough and the City Council work on finding facts, using the Borough and City staffs, for presentation to the Assembly and the Council. These facts could then be published in the paper, as long as they are published without editorial comment, or else the City and Borough could produce a fact sheet, which would help people vote intelligently on the question of annexation. Tars. lajcu suggested that fir. Strandberg write a sheet suitable for publication. Tin. Barr further suggested that the 3 assemblymen representing the Borough attend the next City Council meeting, at which time a committee coule be informally appointed. Nr. Barr has polled the councilmen concerning this, and only i'ir. Resoff was not in ediately in favor, but would not oppose this plan. Its. r ajdu stated that the committee members should all be property owners. hr. Barr moved, seconded by iir. Bullock, that a four -man fact finding committee be jointly appointed by the Assembly and the City Council to compile facts on annexation and service areas utilizing the borough and City staffs, the Local Affairs Agency and other ASS Wit' LY i ELTING - i larch 91, sources for presentation to the Assembly and the Council for later publication. Ebtion carried by unanimous voice vote. B. r•1r. Madsen re Brunstaci Trailer Court. iir. Hadsen retorted that en January 18 the Assembly had authorizes; legal action against the court if it were not closed by harsh 15. On ifarch 20 the Building Inspector and Sanitarian asked for an injunction against the court. The matter will be brought before the Superior Court on April 1. XII ALUOUBi ENT - The meeting adjourned at 1220 a.ra. ATTEST 7 APPROVED' Douglas G G. S. Best, 'Borough Chairman 6 ADJ. NO. R67 -31 R67 -32 R67 -33 R67 -34 R67 -35 R 67 -36 57 -3 57 -40 A67 -41 R67 -42 R67 -43 R67 -44 R67 -45 R67 -46 R67 -47 R67 -48 R67 -49 P67 -197 P67 -198 P67 -199 P67 -200 P67 -201 P67 -202 P67 -203 AMOUNT .66 .66 .66 65.56 2.73 2.73 13.66 5.46 8.19 13.66 5.46 2.73 2.73 27.32 8.19 40.98 8.19 1.99 27.22 .99 1.16 3.98 7.30 126.16 NAME John Waller John Waller John Waller Glenn A. Arbour Sam Gamblin Tom VonScheele Donald Petacchi George Cornelius John Cooksey George Cornelius George Cornelius George Cornelius Gorge Cornelius George Cornelius George Cornelius George Cornelius. George Cornelius George Wolkoff Melvin E. Morris, Jr. Robert VonSheele Audna Mobley Leslie Johnson John Given Jack Brisbane ADJUSTMENTS MINING CLAIMS 1967 PERSONAL PROPERTY REASON Assessed in error, mining claim. Assessed in error, mining claim. Assessed in error, mining claim. Assessed in error, mining claim. , Assessed in error, mining claim. Assessed in error, mining claim. Assessed in error, mining claim. Assessed in error, mining claim. Assessed in error, mining claim. Assessed in error, mining claim. Assessed in error, mining claim. Assessed in error, mining claim. Assessed in error, mining claim. Assessed in error, mining claim. Assessed in error, mining claim. Assessed in error, mining claim. Assessed in error, mining claim. Lives inside city. Lives inside city. Not owner January, 1967. Not owner January, 1967. Was not in Kodiak January, 1967. Auto was not in Kodiak since 1966. Boat inside boat harbor January, 1967.