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07/22/1968 RM) • 9 1 1 KODIAK ISLAND BORCUCHI ASSE1BLY t I'IIIG - July 22, 1968 (Called in place of meeting scheduled for July 18) I CALL TO ORDER The meeting was called to order at 7 40 p.m. by Presiding Officer Jo Hajdu in the Courtroom of the New State Building, Kodiak, Alaska. II ROLL CALL III MINUTES OF PREVIOUS IV ME ER fin i11'1•'S Present Absent Sam Best, Poroujh Chairman Don Bullock 'rs. Jo Hajdu, Presiding Officer Don Arndt Jinn Ears 'hrs. Betty Springhill Also preseet ° Jim Stanseury, L eliding Inseector: Harry Carter, Seafood Sanitc.r en; R. A. Suerers, City Engineer: and approximately 15 people in the audience. A. June 28, 1968 E. July 8, 1968 C. July 18, 1968 There were no comments and :einutee were annroved as written. Jr. Best stated. Chet an error had been made in the June 24, 1968 minutes of the public hearing on the budget and tales tax, Under Item IV.C, PIr. Best had stated that at the present rate /of taxation/ a property owner is paying $33.00 per ten thousand dollars, and if the sales tax does not pass, the property owner will be paying about $73.00 per ten thousand, a difference of $40.00 per ten thousand,' rather than $33.00 per thousand dollars, $73.00 per thousand dollars, and a difference of $40.00. A. School Eoard I ecting - July 8 9, 1968. The minutes were read. !'r. Barr suggested that the Ec Board Le requested to amplify their minutes, citing as an e: 'apple the acceptance of a second bid instead of a loge hid for the purchase of genera`.o.rs, for which an e; planation is necessary. It was requested that a copy of the letter concerning the anticipated P.L. 874 funds for 81 1963 - -69 be obtained from the School Beard. The auesti.on ees re sed as to ‘Akahcr the School Board has the authority to accept an insurance settlerreni. The legality of this is to he investigated. Tr. Barr said that ;1r. Rodli informed him that a supplemental budget covering the receipt and expenditure of the insurance settlement would be submitted. B. P &Z -- July 10, 1968. Mr. Barr will submit comments on the Comprehensive Plan prior to the deadline of July 29. V COI !ULIICATIONS Ai D CO PESPONDI7`:0 ir'ir. Best stated that the form of the agenda had been revised slightly to include only 'hose individuals in this section who had requested to be placed on the agenda. Others in the audience wishing to make convents would he heard under Section XII, Audience Comments. A. Communication from Don : :orris of USGS re Pater Resources Study. Mr. Best summed up the Assembly's ccncensus of opinion on the study after the meeting with Mr. Lerris on July 18 to he that the study should consist of both ground and surface watee resources, that the study should not necessarily be limited to areas outside of the rnva1 Base, and that the moving of the gauging station to Pillar Creek will Le very satisfactory, as well as the prorosed drilling. He stated that he thought the Asse_rbly did Irish to provide an extra $1,000 in services and {._n nsoortation. !dr. Barr stated that he would like to be sure that the mn xiro m concentration is given to an immediate solution of water resources and therefore thotmere be accomplished on stream gauging. Since the relocation of the gaugi rg station will cone out of the normal operating funds of the USGS, rather than the money earmarked for the study, and since the only major yawning station will be this one at Pillar Creek, he felt that this yea a cc. slhcald be obtained at other sources on the high and low water s•. ppiiee. . Lust suggested that a r otion_ be made authorizing him to take the necessary acLion to enter into an agreement with USGS for the study. 'Ir. Arndt moved, seconded. by ':r. Parr, that the Chairman be given authority to write a letter to USGS according to this discussion and indicating that an 1 1 1 A ! TIM • July 22, 1% 2 additional $1,000 will be provided in in -kind services and transportation. Notion carried by unanimous roll call vote. B. Letter from Mt. Erdman re Trailer Court. The letter, was , . "in reply to the charges made against his court, and re quested .an extension of time from 30 days to six months after the city suer line L s been installed to make the necessary corrections. Ti letter pointed out various problems that were caused by factors outside of the court. The letter invited the inspectors to tour the court with him to discuss the various problems. A letter from the Building Inspector was read requesting that the sewer system be improved, the trailers spaced properly to avoid fire hazard, and plans of the court be provided. re. 1'ajdu asked if the ;:r am c'.iun t have grandfzt':er s right; with regard to providing plans. She asked if the lines wouldn't have to be dug up in order to draw plans. Nr. Best pointed out that without plans there would be no way of knowing if the spacing between trailers was correct. Mr. Barr pointed out that Section 2.11 of the trailer park ordinance, concerning sewer and water, applies only to new construction when courts are expanded or altered. Mr. Stansbury stated that there ma lave been trailer spaces added since the ordinance was adopted. Pr. Bartasked if the water couldn't be tested for potability and the sewer approved without plans. The corrections are desirable, and the Borough is responsible for public health and safety, but Mrs. Hajdu pointed out that the correct code must be cited. Mr. Carter was asked if the State health cede wouldn't apply in this case. He replied that the State relinquishes authority to local governments in such matters, but that the Borough could enforce the State Code in this situation. However, they would have to use the State District Attorney, which is difficult and expensive. It would be better for the Borough to be able to prosecute under their own ordinances. That is why Nr. Keiser had recommended that the Borough adopt portions of the State Code pertaining to sewer and eater. 'ir. Vogt stated that it would be possible to obtain the services of the State District attorney if the Borough persisted. Mr. Carter said that the State was obligated to pursue prosecution of the Erdmans if no agreement and improve- ment was reached on a local level. Mrs. Hajdu suggested that the Borough ask the State to delay prosecution and that we enter into an agreement with the Erdman on a time schedule for improving the court. Mr. Barr suggested that if there was no compliance, the Borough could then prosecute, citing the State Code. It was agreed that a time schedule should be established for the improvement of the court. It:was felt that the crowding of the trailers should be taken care of even before the City sewer line is constructed because of the existing fire hazard. The trailers should be a minimum of 15 feet apart. 1r. Erdman stated that 6 trailers had already been reproved, and there were 3 more that should be. Mrs. . Erdman asked what could he done when the tenants had no place to go. It was stated that this is the problem of the tenants, and not of the Erdmans. The possibility of enforcing this under the City fire code was discussed. In regard to the sewer and water problems, Mt. Erdman stated that 6 months time after the City server line is installed should be sufficient time to complete thes e irl?rovements. The sewer lines will be rowed at that titre. rQ rua Mt. Best suggested that an attrition rate should be placed on the court in order to ease the situation. If a trailer moves out, the space should remain vacant. It was suggested that the Staff meet with the Erdmans to work out a time schedule for improvements, and a written agreement to cover the schedule. It was suggested that the attorney be consulted on haw to put teeth into the enforcement of the agreement. Mr. Barr moved, seconded by ir. Arndt, that for, the next meeting the staff prepare an agreement with !.lr. Erdman setting up a time schedule for the correction of each item, with provision for enforcement. e felt that other items should be included, such as further clean-up by the :E {vans and by the City. He felt that the details should be 1. ft up to the staff. Mr. Arndt suggested that the Assembly inspect the court first had. Notion carried by unanimous roll call vote. C. Mrs. Pratt re Trailer Court. A letter from Mrs. Breckberg, expressing her concern over possible closure of the court, was read. Mrs. Pratt then stated that she thought a deadline was a good idea, since it would back up their requests to the tenants. Hevever, they do not feel that the time sche Jule set for Erdmans would be sufficient for them because of the manyleanto s built onto the trailers. She stated that they would connect to the city sewer at the earliest possible moment after it becomes available. She said that there will also be a road along the court boundary which will improve the access ani lessen the fire hazard. Mts. Hajdu stated that she felt that 6 months ASSR?f4Bii i TI'IEIO i July 9 22, 1.961 0 after construction of the city sewer should be the maximum time limit allowed. It was agreed that crowding of the trailers, the sewer and fire protection are the three main problems in the court. After further discussion, Nt. Barr roved, seconded by LPrr. Arndt, that for the next meeting the staff should prepare an agreement with the Pratts setting up a time schedule for the correction of each item, with provision for enforcement. Motion carried by unanimous roll call vote. VI PUBLIC HEARINGS ••- None VII PLANNE;G & ZONING ITET S 3 A. Resolution 68 -26 -R Approving Vacation and Replat of Iionashka Bay Subdivision, Blk 1, Lots 7 and 8 (Case 201 -A). The resolution was read. It was noted that a correction should be made on the adjoining U.S. Survey number, 1678. Mr. Arndt moved for adoption of the resolution, seconded by Mr. Barr. Mr. Barr asked if the lots should be sold without being re- surveyed. ';r. Best stated that a survey is discretionary in the Subdivision Ordinance. It would cost approximately $300.00. ;-ir. Barr recommended that the survey he accomplished. Motion carried by unanimous roll call vote. B. First Reading of Ordinance 68-11-0 Alrendi_ng Building Code Concerning Foundations for Class J Occupancy Buildings. The ordinance was read by title. After a brief discussion, ?r. Barr moved for adoption of the ordinance in the first reading, seconded by Mrs. Springhill. rlr. Arndt commented that this was a step in the right direction, and that further revisions should be made in the Building Code to make it more suitable for the Kodiak area. Motion carried by unanimous roll call vote. C. Resolution 68 -28 -R Approving Revised Plat of Monashka Bay Subdivision. The resolution was read. It was explained that this revision was necessary to take rare of various drafting errors. Nrs. Springhill moved for adoption of the resolution, seconded by Mr. Arndt. motion carried by unanimous roll call vote. D. Resolution 68 -24 - -R Approving Subdivision of USS 3100 Lot 14 - John Schreiner. The resolution was read, and plat studied. Mrs. Springhill moved for adoption of the resolution, subject to completion of certificates, seconded by Mr. Barr. Motion carried by unanimous roll call vote. E. Recommendation from P &Z re Preliminary Plat of Fesubdivision of Lot 19, USS 3099 into Sargent Subdivision, Bik 1, Lots 1 -4 - Neil Sargent (Case 25-B). The P &Z recommendation that this preliminary plat be approved by waiving strict application of the Subdivision Ordinance and allowing the subdivider to provide only 56.4 feet for each lot frontage instead of the required 60 feet, was read, Mr. Arndt inquired if Mr. Sargent hadn't already sold one of these lots, which is not permissible until subdivision has been accomplished. Mr. Best said that;ir. Sargent told him the lot has not yet been sold. Mr. Arndt moved to table action on this matter pending receipt of further informa- tion, seconded by Mr. Barr, and carried by unanimous roll call vote. rr. Arndt stated that he would obtain the information. F. Recommendation from P &Z re Request for Rezoning from R -2 to R -3 - Baranof Heights Blk 4 Lots 7 -9 and Blk 7 Lots 6 -9 - Derald Schoon (Case 204 -A). The recommendation that this rezoning be accomplished, since more R -3 areas are needed, and since this area is contiguous to an area now zoned R -3, was read. The map was studied. I�4rs. Springhill moved, seconded by Nr. Arndt, that an ordinance be prepared for this rezoning. Motion carried by unanimous roll call vote. VIII OLD BUSINESS A. Resolution 68 -25 -R Expressing the Kodiak Island Borough's Desire That the National Park Service Reconsider Its Objections to Construction of a Road Through Katmai National Monument. The resolution was read by title only, since it had been read at the previous meeting. Mr. Barr moved for its adoption, seconded by Mrs. Springhill, and carried by unanimous roll call vote. B. Ordinance 68 -9 -0 Adopting portions of Alaska Administrative Code Pertaining to Water Supplies and Naste Disposal. The ordinance was read. Mrs. Hajdu felt that the ordinance should he written to apply to the entire Borough, and not only the area outside the City of Kodiak. Mr. Stansbury thought that the ordinance had probably been written this way because the City has already adopted these portions of the Administrative Code. .It wcs felt that this ordinance will enable the Borough to prosecute individuals who fail to net health standards on water supplies and waste disposal, as well as the o•ners of o1C cr trai_ l , i ' mi i Ls ; i, rs Lead of only the c hers of new-courts. It m -'as ) rj = n 0 .1 1 5 1 ASSEMBLY .'STING - July 22, 1968 4 thought, however, that waivers should be allowed for such items as requiring engineered plans. It was thought also that prosecution on these cases could first be pursued under the State Cede in order to help push the need for a - District Attorney. Then if necessary they could be pursued by the Borough under the Borough Code. Mrs. Springhill evade a motion for adoption of the ordinance. Motion died for lack of a second, and the ordinance was not adopted. Mr. Farr stated that he feels there should be an ordinance of this type prepared specifically for the Borough. He did not feel that this particular one fitted the orough's needs. :rs. Hajdu suggested that "r. Barr introduce an ordinance, since she felt it is very important for the Borough to adopt one. Mr. Arndt and Mr. 'arr agreed to prepare an ordinance, working with mr. Stansbury and Cr. Keiser. 'r. Stansbury suggested that a model ordinance be requested from the Municipal League. C. First Reading of Ordinance 68 -14- -0 Levying Taxes on All Taxable Real Property :'ithin the Borough for FY 1968-69. The ordinan' was read by title only. frs. Springhill moved for its adoption in the first reading, secondcd by fir. Barr, arc: c- ri i cd by v7 7, jirous roll call vote. D. First Reading of Ordinance 68 -12 -0 Appropriating Funds for the Expenses and Liabilities of the Borough for FY 1968 -69. The ordinance was read by title only. Mrs. Springhill moved for its adoption in the first reading, seconded by Mt. Harr, and c:____.. c r, :.,;ni:r un roll call vote. E. First Reading of Ordinance 68 -13 -0 Providing for Election of Two -Year Term Assemblyman at October 1968 Election. The ordinance was read by title only. ^•ir. Barr moved for adoption of the ordinance in the first reading, seconded by Mr. Arndt, and carried by unanimous roll call vote. IX NEW BUSINESS A. Provision for Additional Check Signer. ^Ir. Best explained that with the Clerk's position vacant, only he and Mrs. Hajdu can new sign checks. A third signer is necessary since two signatures are needed on each check, and if one of only two people in out of town, checks cannot he issued. Be suggested that the Deputy Presiding Officer be designated as an additional check signer. Mr. Arndt moved, seconded by Mfrs. Springhill, that the Deputy Presiding Officer be designated as the additional check signer until such time as the Clerk's position is filled. Motion carried by unanimous roll call vote. B. Proposed Revision of Borough Code, Chapter 2, Borough Organization and Employees. Mr. Best pointed out that he had proposed changing the review of, conditions of employment from must be reviewed in May of each year to "may be reviewed in : of each year." Also, he pro - osed to ei,l h ate the estdblishment of beginning salaries, and instead to state that the rates of pay shall be established each year by the budget and shall become effective on July 1 of each year, unless otherwise provided for. Mr. Barr suggested that the salaries be established at a monthly r-Itc of 1/12 the amount set by the budget, so that if an employee were hired d ur i ng the middle of a year, he could not claim the entire salary set for that year. Mrs. Hajdu suggested that an anpeal procedure be estblished for permanent employees who are discontinued. She objected to the jobs being those of political Patronage, When good workers are discontinued just so that newly elected supervisors may hire their friends. Mr. Barr suggested an appeal board consisting of one individual appointed by the employee, one by the Borough Chairman, and one by the Assembly. r•Irs. Springhill questioned t•. the Borough Manager down with such appeals if the Manager Plan >es into effect. After further discussion, Mr. Best agreed to attempt to draft scme.provisions for an appeal board. X CHAIRMAN'S REPORT A. Letter from State Division of Lands re Taylor Native Allotment Claim in Bells Flats. This letter, explaining that this claim is invalid and that 'Mrs. Taylor will be so notified, had been previously! received by the Assembly in the mail. It was said that the form of the letter originally sent out by B.I.A. regarding this claim was unfortunate, since it was misleading to the recipient, and it is hoped that the B.I.A. will change the format of these letters. B. P Tended Certificate of Incorporation. Mir. Pest reported that an amended Certificate of Incorporation of the Borough had been received from the State. The amended certificate included the statement, which had been erroneously omitted from the original one, that when land presently belonging to the Kodiak Naval Station is released by the Station, it automatically beccres a part of the Kodiak Island Borough. ASSEMBLY MEETING - July 22, 1968 5 C. Cancellation of Karluk Land Co. Contract for Land Purchased from Borough. ' +r. Best read a copy of a letter from the State which cancelled this contract as of September 1, 1967. :ir. Vogt suggested that to protect itself legally, the Borough should go through foreclosure procedures on the property. Mr. Best will check this out with the Attorney. Mt. Rest commented that he had offered no suggestions for putting this land on the market at present since it has been designated as a possible site for the Marine Institute, and because the land market is slow. D. Appointment of Acting Borough Clerk. Mr. Best stated that an Acting Clerk is necessary for the purposes of attesting to resolutions and ordinances. Mrs. Hajdu added that scmeone is also needed to officially keep the minutes. 'ir. Barr moved, seconded by Mrs. Springhill, that Sally Hendrix be appointed as • Acting Clerk with all the responsibilities thereof. Motion carried by unanimous voice vote. It was agreed that an appointment for Acting Treasurer would not be necessary. Mrs. Hajdu requested that the Assembly he given a monthly list of tia Ecrcugh's c: E. Revision of the Building Cede. r•r. Best requested the Assembly's opinion on hiring a consultant for the purpose of preparing a Borough building code in relationship to the Zoning Ordinance. This would provide different sets of requirements for thickly populated areas as opposed to outlying areas. Arndt stated that he was against hiring an outside professional, since they would not understand our particular problems. He felt that a code should be prepared by the local building contractors. TIr. Best thought that a revised code should be reviewed by the contractors, but should not he written by them. Mrs. Springhill felt there should be a practical approach to the building code, and that it should not be merely arbitrary regulations which will make building costs soar. 1r. Stansbury stated that the Uniform Building Code has been and is being adopted everywhere because the financing agencies require it. 11r. Barr suggested that if our code is revised to better suit Kodiak, perhaps the lending agencies could be convinced that the code is valid. 1r. Simpers suggested that a group of representatives of the contractors - -to obtain cost factors; the engineers--for safety requirements; and the community be formed " to prepare a revised code. Mr. Barr felt that the code should descrihe the - standard requirements of building, leaving the particular methods of building, up to individuals, as long as they produced a satisfactory finished product. 1-Irs. Hajdu reiterated that the cede is most unrealistic in the villages and other remote areas. rx. Barr said that there is extremely poor wiring in the villages, and something should be done to prevent this. ^r. Stansbury stated that the intent of the code is to upgrade building, and not to stop it. It was suggested that TTr. Arndt Mr. Barr bring in ,, specific suggestions for revision of the code. Ai Cad 5 ° " e °4 C ( ftH- ti CL Ci a�w t f u f ;sFR t c � ,"P' „ d j'r ``�4�, F. Proposed Iand Sale at Anton Larsen Bay. Mr. Best s ggested that since the Borough has sold almost all of the recreation land previously offered for sale, that the State be requested to prepare a preliminary plat for a sale of recreation lots in this area. The Assembly concurred. Also, Mr. Barr suggested that the Borough lease cabin sites. XI ASSEMBLY CC12 EmrrS -- None XII AUDIENCE C0I-1 ENTS A. Mr. Vogt re Borough Support of District Attorney. Pr. Vogt stated that there was a bill in the Legislature last year to establish a Judicial District in - this area, which came close to being passed. He said that if we would get a Superior Court, we would automatically get a District Attorney, which is badly needed in Kodiak. It is new necessary to prosecute under local laws because it is almost impossible to get the State District Attorney. Also, it is impossible to get restraining orders, and the juvenile problem is serious. A Judicial District would probably mean one or two ether law firms locating here, as well as a law library being available. Also, there are places on the Chain which have never even seen a court and the District the Chain and Bristol Bay. In the near future the District Magistrates will be up for permanent appointments, and unless a Judicial District can be established, Kodiak might have only a District Magistrate on a permanent basis. A Judicial District would cost between $40,000 and $50,000.per year. If comnytments can be obtained from the Borough and the City to each contribute $5,000 a on a five -year basis, it might be possible to persuade the legislature.to- - establish a Judicial District here. r-lr. Best felt that this would be money well spent. The Assembly concurred in offering this participation if there is also City participation. Air. Vogt will prepare a resolution to this effect for_.the Assembly to adopt. XIII ADJOURNiEWr e r Ming �djpurred at 12:25 a.m. ATIIET:.[- r:PRGVE PT�ti< K S 1 y /Fi >ndri:{ . A Ct i -il k O. S. rest °_orc 'g! . Chairrn i