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.