04/04/1968KODIAK ISLA yy-�� 4D {-�t 7 L ( 0 � UG 6/��
ASS Li Y LJ T] G 1 1„ `;1J
I CALL TO ORDER
The meeting was called to order at 7 :35 p.m. in the Magistrate's Courtroom,
Donnelley Building, Kodiak, Alaska, by Presiding Officer Jo Hajdu.
II ROLL CALL
IV OTHER 1,aNUIES
Present Absent
Sam est, Borough Chairman None
Mrs. Jo i ajciu, Presiding Officer
Don Arndt
Jim Barr
Don Esullcck
flrs. Eetty Springhill
Also present: Doug Preston, Clerk; Roy Madsen, Attorney; Harry Carter,
Seafood Sanitarian; P &Z Commissioners Waller, Haney,
Longiaire, and Welch; and approximately 40 people in the
audience.
111 ivilNITIES OF PREVIOUS PIEETING -- 3/21/68
• Best made a correction uncer V.A. on page 3. The minutes should read 'the
protest does not have to be made in person, but must be made in writing." Jr.
Bullock moved and asked for unanimous consent that the minutes be approved as
corrected. There were no objections and it was so ordered.
A. P &Z - 3/27/68
B. School Board - 3/25/68
There were no commet s .
C. Ordinance Cami_ttee - 3/25/63. Er. Best commented that he was in agreement
with the Committee's concern about the lack of back doors in the one - bedroom
Aleutian Homes being a fire hazard. Also, he explained that £r. Brothers had
volunteered to serve on the Ordinance Committee as a liaison between that group
and P &Z.
V COAHLE ICATIONS CORRESPONDENCE - PEOPLE TO eE HEARD
A. Representatives from State Division of Lands re Land Acquisition. le r. Sacheck,
Mir. Tubbs and l ir. Hoffman were present to outline further land surveys and
sales.
l� : 1 ?ells Flats. There are two areas under consideration for subdivision in
Bells Flats. The first is in the southerly portion where the original
protests were made. These have all been dismissed except two, and these
two areas have been made to fit into the overall subdivision. These lots
are 3 to 5 acres each, 15 commercial and 23 residential. An effort was
made to fit the original protest lots into the subdivision so that each
building is on a separate lot. The survey cost was estimated between
$10,000 and $12,000.
The second area contains 54 residential lots, 2 to 20 acres in size. Some
of the lots had to be made quite large because of the rough terrain in .
order to provide for suitable building sites. The lots were planned around
the existing road network. They are tied in with future recreational
areas. The area around Lake Orbin was planned for public use. This area
has not been surveyed by bI i and corners would have to be established to
agree with the BLM surveys. If a common boundary is established with I3li i,
it would not be necessary to wait for their survey. This area is unusual
in that people could buy these lots and start building immediately. The
survey is planned for this summer, with a sale next winter.
tins. hajdu asked if the Division of Lands had received a request from the
Native Association that no further sales be held until after the claims
had been settled. They had not received this request.
2. Port Lions Second Audition. These are industrial and commercial lots along
the airport road. A buffer strip was left around the cemetery, which is
located in this c;.rea. The City of Port Lions felt that the plan for these
lots would fit in with the overall plan for the area. Some of these lots
may be ready for the Port Lions October sale. No building restrictions
Assg 'y3I 4pTitic April. , 49 61 1 0
would be necessary because these lots are not in the airport clear zone.
The average lot size is 8.5 acres. Same tracts are larger because of
rough terrain. The survey would oos approximately $9,000 to $10,000.
3. Kupreanof Strait. Originally it was planned to reserve two of the beach
lots for access into the survey. After observation of the area it was
felt that an easement retained between two of the beach lots would be
sufficient for access. These lots could be sold with the Chiniak lots
in approximately 1-1/2 to 2 months. Only an appraisal is required for
these lots.
4. Shuyak Timber Sale. The sale will be hole. June 4. The Borough will start
receiving revenue as soon as the timber is cut, which may not be until
after the first 5 years of the contract. The State recommended that unless
the Borough should have a need for a patent to this land, that the survey
be postponed until the sale revenue is coming in The survey costs could
then be taken out of this revenue.
5. Other Larid Selection. The State recommended that there be no delay in the
selection of certain areas, since all of the GS lands will be open to
settlement if this is included in the native claims legislation. They
referred to the areas previously recommended for selection in the P'.'onashka
area, Chiniak, and Anton Larsen Island. Mir. Best stated that the Borough
staff was preparing a list of land which the State has selected and which
the Borough has already selected. The State will be requested to assist
the preparation of this list by filling in any State selected areas of
which the Borough is not aware.
14r. Bullock moved, seconded by Lr. Barr, that the 1\Ssembly accept the
recommendation of the Division of Lands in regard to the lots in Bells Flats,
23 residential, 15 commercial, and 54 residential lots, and proceed along
these lines. i-ir. best suggested that this be subject to the approval of P &Z, .
since they had not yet had a chance to see the plats. Mr. Barr suggested that
paper plats be made up for further subdivision of these lots, based on contour
snaps, and that people be required to follow these subdivisions so that future
access would J-' a: cure'. Mts. Hajciu felt that since people could vacate and
replat these subdivisions anyway, that the Borough would be investing a lot of
money with little effect. Jr, f Ladsen suggested that restrictions be written
in to the sale prohibiting subdivision of these lots until after adequate seer
and water is available. Ir. Bullock asked the State if this is done in other
places and they replied that it is not. Mr. Barr said that he would study it
further and bring it up at another tire.
Mr. Taylor from the audience raised the question of whether the Borough has
jurisdiction in the Bells Flats area. he asked what the Borough boundaries are.
It was explained that they extend from the Barren Islandspast the Trinity
Islands and include the whole of Kodiak Island, except for the Naval Reservation.
iir. Taylor stated that the original petition for incorporation of the Borough
included only the area immediately adjacent to the City of Kodiak. Mir„ Madsen
explained that the Boundary Commisg on, under Chapter 10 of Title 7 of the
Alaska Statutes, has the authority,, change the proposed boundaries to more
suitable ones. Mir. Taylor stated that under AS 07.10.125, when the boundaries
are changed it mast be approved by the legislature, and this was not done for
the Kodiak Island Borough. FJr. Madsen explained that this section deals only
with Boroughs which are already incorporated and wish to change their boundaries,
and that the formation of a Borough is covered under AS 07.10.010 through
AS 07.10.120, whereby the boundary commission holds a hearing on the petition
and makes its decision, and in our case it changed the boundaries on the
original petition to the present Borough boundaries. An election is then held
on the boundaries as approved by the commission. Lt. Madsen stated that in his
opinion there is no question as to the fact that the Borough does have
authority in the Bells Flats area. Mr. Taylor further disputed this and Fr.
Best suggested that he request an attorney general's opinion on the matter
from the Local Boundary Commission.
A letter was then read from the Kodiak Area Native Association requesting the
;Borough to declare a moratorium on disposition of all lands under tentative
approval through the State to the Borough. Mk. Best stated that the Attorney
General has rendered an opinion that title may be conveyed on TA'd land.
People have requested that the Bells Flats and Port Lions land be sold, so
there still is a demand for land. Mrs. tlajdu said that she thought there was
a freeze on all further land sales, pending a settlement of the claims. Mr.
Madsen said that the Attorney General has asked the U.S. District Court for
a summary judgment on the land freeze. There will be a freeze if the court
so orders, and the U.S. will not issue any more patents to the State. Mr.
allf095H Sr L- Ap 4 1160 I I 3
Sacheck explained that the only thing that holds up title on land for which
the State has receives: T.A. from IL ;.:i is the survey, and so the State can
issue a patent to the Dorough and the uorough may then convey the land: by
quitclairm deed. izr. Carter stated that there is legislation pending that
would give the native groups selection rights even to 'A ° d land. Hrs. Hajdu
said that the Buyer must also be protected. The question was raised as to
whether the claims could affect land which had already been sold. Hr. arisen
explained that even U.S. patents, which are the best title of any, are subject
to aboriginal rights. There was also a question as to the value of quitclaim
deeds. It was pointed out that they are recognized by all lending agencies.
The State cannot give warranty deeds under the law. It was finally agreed
that the land could be selected and the surveys accomplished. If the claims
are settled by then, the sales can be held. If not, the sales can be delayed.
iOtion to proceed with Hells Flats subdivisions carried by unanimous roll
call vote.
Letter from dr. Sacheck concerning the Borough's immediate assumption of
management rights of the borrow site area to be withdrawn fran the management
agreement with the State was read. The letter was in the form of a permit
for iir. Best's signature. Ix. Arndt raved, seconded by 1 Springhill, that
Tyr. .Jest be authorized to sign the letter permit and the survey of the borrow
sites area be authorized. Notion carried by unanimous roll call vote.
ix. Lest also reported that ?r. ;.`Tadsen had prepared an ordinance amending the
lands disposal crdinance to include the leasing of borrow sites and that there
are sane technical aspects which must still be ironed out. iyir. radsen_ said
that if the leases incorporate what is included in the ordinance, they can be
issued and then the ordinance passed to make the requirements a matter of
permanent record. "Lr. Brechan stated that he was supposed to be crushing on
April 22 and would like to proceed immediately. iir. i stated that the
borough Chairman has the authority under the Lands Disposal Ordinance to
negotiate 5-year leases, and this intent has already been approved by the
Assembly.
isr. Bullock moved, seconded by pits. Springhill, that the Assembly accept the
recommendation for the Port Liars Subdivision, Second Addition, and that the
Division of L arias be authorized to proceed with the preparations for this sale.
i'btion carried by unanimous roll call vote.
;its. Springhill moved, seconded by flr. Arndt, that the Assembly accept the
Division of Lands recommendation to sell all of the lots along the beach in
USS 2730 at Kupreanof Strait and that a 100 foot easement be retained between
Lots 17 and 18. Lotion carried by unanimous roll call vote.
r. Barr moved, seconded by Ivirs. Springhill, that the Assembly accept the
recommendations of the Division of Lands that the survey of the Shuyak timber
sale area be delayed until the cutting is begun. Motion carried by unanimous
roll call vote.
Hrs. Hajdu asked the Assembly if they wished to take action on further selection
because of the possibility that this land will be open to settlement. Hr.
Best stated that this legislation probably will remain in Committee.
B. Letter from Kodiak Area Native Association re 1!ioratorium on Disposition of T.A.'d
Lands. This matter was discussed under VGA above.
C. Letter from Ivor Schott re Acquisition of Lots 1- flock 42, East Addition for
I Street Playground. The letter was read. It was agreed that no action should
be taken on this matter until after the new budget is available.
D. Cody of Letter fran Alaska Historical Society in Anchorage to National Park
Service re Baranof House. Letter was read for info only requesting that the
Baranof House be incorporated into the National Park System.
E. Letter from Ed Crittenden of ASHA re Grant for Comprehensive Plan. Letter
transmitting a description of the work program under the planning grant was
read for info only. The revenue for the grant will not be received this fiscal
year. Mrs. Hajdu asked. if we had budgeted for its receipt this fiscal year
and Hr. Best replied that it had not been included in the budget.
F. Letter from Elmer Gagnon re April 24 Visit to Kodiak.. Letter was read stating
that he and l ir. Hart, Area Site Planner for FHA, and Or. . I ire, Urban Planner
fran the Seattle Office, will attend the P &Z meeting of April 24. The Assembly
was also asked to come.
ASSELB Y TTNG, _Apr 4 4 ,19p8
. 4
G. I tterti.frcn TrycL, 'cui 4n(. ;...ayes rc eitie. on Lin;. U::,e : C SC:. of
Comprehensive Plan. Letter was react stating that they would like to meet
with the Assembly and P &Z any time after April 10. They will be asked to
attend the April 24 meeting. The Comprehensive Planning Committee will be
asked to attend also.
VI PUBLIC DEARINGS
VII PLANNING & ZONING ITET S
A. Ordinance 68 -4 -0 Amending Lands Disposal Ordinance to Permit Borough to Convey
Land to Other 1.unicipalities in the Borough. The ordinance was read. iir.
Bullock moved for its adoption, seconded by 11r. Barr. The meeting was recessed
and public hearing opened. There were no cot rents and the meeting was closed
and meeting reconvened. Ebtion carried by unanimous roll call vote.
At. Best stated that a resolution would be needed to convey the lots in the
original Port Lions Subdivision to Port Lions. MY:. Bullock moved, seconded by
At. Barr, that a resolution be drawn up for submission back to the Borough
in regard to conveyance of certain lands in Port Lions. lotion carried by
unanimous roll call vote.
A. Recoitanendation from P &Z re Rezoning of Erskine Addition Bik 8 Lots 59 -62, 65-67,
A31k 7 Lots 46-52 and 56 -58 i;lk 9 Lots 103 -114. The recor!mendation from P &Z
that the lots not be rezoned was read. A letter appealing the decision of P &Z
from 11r. Slater was read, as well as a letter from his attorney, J r. Vogt,
charging that the original Borough Zoning Ordinance was invalid and therefore
Mr. Slater has grandfather rights for his building. Also, they feel that two
of the P &Z members should not have a vote in this matter since they signed a
petition protesting the rezoning. A reply to this charge from dr. Wallace
and iir. Welch was read. Mir. Fadsen stated that it was now up to the Assembly
whether or not to accept the recommendation of P &Z. Mrs. Hajdu questioned
how the two P &Z members with personal interest in the case could ethically
vote on the platter. i;r. Barr stated that he always abstains from voting on
any plats in which he has an interest. It was pointed out that the interest
of the Commissioners is not a financial one. Since the vote was 4 to 2, it
would have been tied without their votes. A count was taken of those who
protested the rezoning, and it was determined that a unanimous vote of the
Assembly would be required in order to pass the rezoning. Tit. 1adsen pointed
out thet the petition for rezoning has a deficiency cite Lot 115 of Block 9
was eliminated, which leaves an R-2 lot between the present business area and
the proposed R-3 area. It was decided that this lot should also be included
in this rezoning. Mrs. Springhill Iminted out that the area was zoned R: 2
when the Welches built their home, and that if the zoning were changed now,
it':.cule. discriminatory against them. Mr. Welch stated that he will appeal
the rezoning in court if it is approved. After further discussion, Tire Barr
moved, seconded by 11r. Arndt, that an ordinance be drawn and a public hearing
held for rezoning Lots 103 -115 of Block 9, Lots 46-52 and 56-58 of Block 7,
and Lots 59 -67 of Block 3, Erskine Subdivision. It was pointed out that Lots
63 and 64 of Block 8 are nonexistent. It was felt that requesting an
ordinance for the rezoning would be going against P &Z. However, it was
pointed out that the Assembly had to either accept their recommendation or
deny it, and that the matter could not be tabled, according to the ordinance.
Since it was felt that more thought should be given to the matter, it was
agreed to request an ordinance. Tor. Bullock requested that copies of the
original building permits concerned be made available. It was requested that
the Attorney study the case and make sure that all action taken was proper.
Er. 1ladsen pointed out that a letter had been received from Chris Berg, Inc.
stating that they had asked the tenants of their third unit to move out, but
that the unit was still occupied. Tit. Welch stated that he had brought the
matter of the Chris Eerg apartments to the attention of P &Z when they were
being built, but that nothing was done about them. ht. Slater stated that
he had received a building permit for an R -2 dwelling, and had installed a
full bathroom in the basement and rented the third unit to a school teacher
because of the lack of housing. The teacher is now there rent free. Mrs,
Hajdu pointed out that if the original Zoning Ordinance really was invalid,
part of the triplexes have grandfather's rights and yet no one else can build
them now. It was pointed out that the building permits issued were for R -2
dwellings. Mr. Aadsen stated that the written protests now on record would
stand unless they were withdrawn. At. Welch asked if the rezoning is passed,
can triplexes be built on lots which do not meet the size requirements. The
attorney is preparing an opinion on this matter. Motion carried by unanimous
roll call vote.
ASS1MBy TUNG r Apru 5
E. Resolution 68 -13 -R Approving Vacation and Replat of Tbwnsite Blk 3 Lots 10
acs ► 11 - Brechan and Bean (CcZse 60-C) . The resolution was read and plat
studied. Drs. Springhill moved, seconded by Mr. Arndt, that the resolution
be adopted. Nir. Barr pointed out that 1r. Jones had approved the plat as a
preliminary instead of a final. This will be straightened out. Motion
carried by unanimous roll call vote.
C. Non- Filing of Plat for Subdivision of Part of USS 1396. Letter to Baranof
Heights, Inc., dated December 22, 1967, requesting that this plat be filed,
was read. No plat had been received by the Borough Office. Mrs. Springhill
moved, seconded by Mr. Barr, that the attorney be authorized to file a complaint
against Baranof Heights, Inc. for the non - filing of this plat. Motion carried
by unanimous roll call vote.
VIII OLD BUSINESS
A. Resolution 68 -12 -P. Set iia 10, 1968, for BQE Heari The resolution was
read. hrs. Springhill moved for its adoption, seconded by Mr. Bullock. Motion
carried by unanimous roll call vote.
B. First Reading of Ordinance 68 -5 -0 Providing for $2400 Supplemental Budget Item
for Oceanographic Committee The ordinance was read by title only.
Mrs. Springhill moved for its adoption in the first reading, seconded by Mr.
Bullock. Notion carried by unanimous roll call vote.
C. Discussion of iorough Manager Plan
D. Discussion of Pioneer Access Roads
Mrs. Hajdu suggested that these two items remain tabled until the annexation
question is resolved, since it has . a bearing on both of than. The Assembly
concurred.
E. Lease to Elks for Boy Scouts, USS 3465, Tr. A, Lots 1 and 2. Mr. Best
requested that the Assembly authorize him and the Presiding Officer to sign
this lease. It was prepared by l • ir. Madsen after an appraisal of the property
by Iir. Valkama. It is a 5 -year lease, with an annual rental of $83. Mrs.
Springhill moved, seconded by Mr. Bullock, that the Chairman and. Presiding
Officer be authorized to sign the lease with the BPOE: for the Boy Scout area.
Motion carried by unanimous roll call vote.
IX NEW BUSINESS - None
X CHAIRMAN'S REPORT
A. Report on Land Sale Receipts. The Borough will have a balance of $44,000 by
the close of this fiscal year, and so will have sufficient funds available for
the new surveys.
13. Brunstad Trailer Court. On April 1 the Court issued an injunction requiring
that the water pump be made inoperative on hay 2 at 10:30 a.m., and that the
trailers be vacated by April 15. The defendents objected to the fact that
they were the only ones being prosecuted. however, Mr. Keiser has been pursuing
other violators in the area and they will also be requested to comply.
XI ASSEMBLY camas
A. Ratification of Chairman's Signature on Annexation Petition. Mrs. Hajdu
requested that the Assembly ratify Mr. Lest's signature on the latest petition,
since the previous _authori.zation had- been specifically for the previous
petition. i'ir. Barr moved, seconded by iir. Arndt, to clarify the action by
the Assembly on January 18 and ratify the Borough Chairman's action in signing
the current annexation petition and so authorize. notion carried by unanimous
roll call vote.
B. Ratification of Annexation Stud Committee. Mr. Barr requested that the
Ass y s orm concurrence with a " Council in appointing the Committee
be formalized.'Nr.. Barr moved, seconded by Mr. Bullock, that the following
committee be appointed to develop a study of the facts and costs pertaining to
annexation of the area currently petitioning the city and for service areas to
serve the area as an alternate solution. The committee is hereby authorized use
of borough facilities and staff and shall submit its final report to the
Assembly and Council no later than two weeks prior to the annexation election.
The Assembly shall in conjunction with the City arrange for publication of the
results. Committee members: Rich Lentson, gill Gregory, Dick Hensel, Dennis
Cessna, Tom Simpler, Doris Simon. Uotion carried by unanimous roll call vote.
r�
T The first nticeting will be on April 5.
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KODIAK ISLAND BOROUGH ASSEMBLY MEETING - April 4, 1968 6
ATTEST: APPROVED:
Pr n, Clerk/Treas.
T.'S. Best, Chairman