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.
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