08/01/1968 RM! tl
KODIAK ISLAPD BOROUGH
ASSEMBLY sTEETfl C - August 1, 1968
I CALL TO OFD
The meeting was called to order at 7 55 p.m. in the Courtroom of the viol State
Building, Kodiak, Alaska, by Presiding Officer Jo Hajdu.
II ROLL CALL
Present Absent
Sam Best, Borough Chairman Don Arndt
ors. Jo Hajdu, Presiding Officer Don .Bullcok
Jim Barr
Hrs. Betty Springhill
Also present' Jim Stansbury, ?wilding Inspector; Howard Keiser, Sanitarian
P &Z Ccmnissioner Irs. Edith Lorgmire Planning Committee
rIen er Frank Peterson and 4 people in the audience.
111 MINUTES OF PREVIOUS T T'Il`1G 7/22/68
Mr. Darr corrected the next to last sentence of the first paragraph under V.B to
read " flr. Barr was asked if the water couldn't be tested for potability and the
sewer approved a hout plans," instead of Tr. Barr asked . . ." Also, the last
sentence of the fourth paragraph in this section should read the serer linen will
be regraded at that time rather than "regarded."
Under Par. X.E, Mr. Barr stated that the minutes should reflect his comments that
the Building Code should also describe performance or strength requirements, which
would leave the choice of materials up to the individual, as long as they perfoimed
satisfactorily.
There were no other corrections, and the minutes were approved as oorrected.
IV OTEER NJI 1tYI'E'S
A. School Board
1. Special fleeting -. 7/19/68
2. Regular Meeting •- 7/22/68
The minutes were read. Hrs. Hajdu du carnented that she had received the
letter concerning the PL 874 funds, but that it was quite complicated and
difficult to understand. She suggested sending a note to the School Board
and asking them that the end results of this letter will be, and if the
budget Grill require adjustments. Mr. Best will contact i r. Schott regarding
this.
B. P &Z • -- 7/24/68. Regarding those individlia]s who wish to obtain permits for
trailer leantos while their homes on the same lot are under construction, Mr.
Barr felt that they should first obtain a building permit for the hare, and
then ask Planning & Zoning for a leanto permit. Also, he felt that leanto
permits should not be renewed, since this might lead to permanent structures.
Mr. Best felt that if the individual were not diligently pursuing construction
of the home, then the leanto permit should be terminated. "Ir. Barr stated
that the ordinance does not permit two primary buildings on the same lot
anyway. He quoted from the ordinance, which states that in no case shall there
be more than one main building per lot. He feels that this is a good policy, .
since if someone purchases an undivided interest in a lot, there would be no
solution to the problem if the partners should split up. He stated that the
ordinance does permit accessory buildings on the sane lot as the main buildings,
but he interpreted the ordinance to mean "a two- family dwelling," rather than
two one - family dwellings, in R -2 zones. Mr. Powell commented that the original
intent of the ordinance was to allow 7,200 square feet per dwelling unit, and
as long as this requirement were met, more than one main building could be
placed on a lot. Mrs. Hajdu stated that she saw no difference between buying
one large lot and putting two houses on it, than buying two lots and putting a
house on each one. She felt that the ordinance should be clarified.
C. Ordinance Committee - 7/30/68. Mr. Barr and Mrs. Hajdu felt that it would not
make sense to require neighboring property owners to pay part of the cost of
fences around trailer courts. Also, Mrs. Hajdu felt that trailer court plans
should have prior approval of the Borough Engineer before they are submitted "
to the Assembly, rather than before they are approved by the Assembly.
Mrs. Hajdu inquired if it would be possible to have one of the local attorneys
work with the Ordinance Committee to assist than. Mr. Vogt stated that he had
other commitments on the nights of the meetings, but that he would try again
to meet with the Committee.
ASSET BLY rMTING A August 1, 1968
V CaTIJNICATIONS AND CORRESPON ETTC.E
A. Dale Tubbs of State Division of Lane
-
2
1. Land Cpen to Entry, 1968 Fession Laws, Chapter 157. rr. Tu>,hs explainer'
that because of the forme; land disposal policies aid laws, it had been
very difficult for people to acquire land in the outlying areas, since all
land had to be disposed of by auction. This ncr lair, effective July 23,
1968, changes the land dispecal - ~_ = icy by allowing individuals to petition .
for certain land to he dee: > >ified 'open to entry, A public. hearing is
heard on the petition, end if there arc_e no conflicts, the land is so
classified. The ap pl ieant :hen marks the corners of the lancl he wishes,
which is limited to 5 eases p:.:r rer:scn, suhp Lt ; a metes and bounds
description, pays a r,;10.0 fi l incr tee, seal J. n ?s the land for up to In
years at a minimum reatel f : sm',_ . > 3.00 pee yesaa If the individual wishes
to purchase the land, he nu i' surveyed his o n expense, and mufit
also pay a purchase eeice or u e fair market vslue at the time of entry.
General appraisals will be established for different areas. An individual
must be 19 years old and a U.S. citizen. It is not necessary to be an
resident of Alaska. Each =her r of a family who is eligible could apply
for an adleseent 5 acres if they wished. The land eligible for this
classifications east be State land, nd. Land ur .r selection eithout T.A. will
not be co bc: uae of the °ending Native claims. Specifically on
Kodiak, no land which is adjacent to the highway system or which could be
sold as a p1::need sehd by auction will be included. r ost of the State
lands on Kodiak .ak a e us der r le<..��e alre: dy, cn:; 1 i nct be included in this
classification, ner will laefe which have already been surveyed. There
are no mineral rights un6.2e this law, and land containing minerals probably
would not be conside ed. The first aeel.ice .ion received cn a parcel of
lnad will prevail, and leases will not apply to the purchase price. If
land is opened to entry and there is a tinker sale offer in the area, that
portion would be removed from the classification. Also, any land within
an "open to entry" e ea which is needed for public use, would be withdrawn
from the classification. The purpose of the law is not to provide hamesites,
but rather to provide nriv .ta roc :cation sites,
The lands Bugg ..,:ed fo;_ -pis clas3.Lf :?_cat cn on Kodiak. are Rasherry or
Marmot Islands, and L ''.c.:3 au'. ng the she e J_ne which are desired by
commercial fishermen. If t'i: ' e are several roc gists on one area, more
land night be cdsseified c to c_ l._Y f11: i just the acreage rectuested.
Or, if there is a _ aje ee ein gall nd m a u taro area, it might be
classified f e •e . `eatx.caz c ilc. Tale wcul.3 be cheaper for each individual,
but it would tedee t -e lenger t.e re. Cornelius suggested such
areas as Sh:.al ok, i1 dden Be > n, Rod Riser end. I:a riuk Lake. I'aaever, lands
within the ' <_::: :al G: -;1= r , _. ; 2 are not eligible.
Possible sites ope ed to entry for fishermen might conflict with present
gill net sites, :wince if soanene has constructed a building in trespass,
the person who legally file-, for the land under this 1a;•7 would also get
the building.
Mr. Tubbs rere ted than the Borough give the State direction on which
lands to cc a> _der for this classification. Since the Borough has not vet
selected t'o entire acreage available to it for selection, it may wish to
do so in order to avoid having acreage classified "open to entry," if
it wishes to dispose of the land in another manner. It was felt that the
Kupreanof area should not be included, since other individuals purchased
sane of the lots at competitive prices. The possibility of including'
land along the read system to entry was discused. "ass. Hajdu stated that
she has always been on ,_,,,.-. --'. as desiring to ::are land available at the
lowest possible price as quickly as possible. She suggested holding a
public hearing on the matter to determine where the interest of the public
lies as far as which land to classify. r Rr. Bost suggested that instead
of holding a separate hearing, that the Borough wait until the State
receives i is and holds their hearing. - t the hearing, the Borough
would be i..bte torn'l .1: ` ai.n lands be classified "open to entry" if
they wish it to be hold for p'::blic use cr for an auction sale. Ha-u --
felt t to f
ever, it ��u ii_. � •t. t.: .a �. .y7.. �... Coca C.•_l)�•'�r:4 � 1��1dS being cla:sslfl , it
must be able to tell the publd e : peci ficaliy why. It was agreed that this
law should b a well a ; gir s _d in the Mirror and the I_'orough Newsletter
so that people T : . l_e ef it end t r':c ad :i: ge of it. Mt. Best
requested t i ?t the Sl'A'..:::: 5.3.— z copied ( the eetitioee they receive to the
Borough. Tae B c 7' 1 ha t .x lie's. to the State of land open for
selection, e_:.1 r; .:_._l ._.e ela care _ _ ::ed eed updated. when this list is
returned, the ; -e'•.k h '.?. h _..1 a pe iticrr t::o decide on further selection.
0 4 1
ASSE Y T TIN . _ August 1, 1968 3
2. Selection of Land at Anton Larsen Bay. 'It. st stated that the amount
of land available for selection in this area had been misconstrued, and
that this might force the postponement of a private recreation sale. The
only land available is at the end of the peninsula, hart of Anton Larsen
Island and teo other smaller islands, The land which had also been
considered is s :ill under a grazing lea e to Dewitt Field.. Mr. Fe: t
said that l'1r. Fields had considered relirou:L skiing his lease if this land
could be offered for sale. 7 r. Best will speak to him further about this.
It will also probably be d . 'xable to hold Iargc tracts for public recreation
use in this area
B. Chuck Powell re Trailee Court. er. Powell's letter, requesting an additional
60 days from AUg',;.St 1 in ord:..._ : o - , p2 e L e the t _1'_ .: court, via:, read. The
latest revisiceh c_ the }CJ _ _' . ; ?! il: - -• V ? : ii'c:h the li_tt r, were reviewed and
discussed, Nr. Lest xpl _ n: 1 ur r the 3' :Inds_., it was necessary to
bring the pre, ^ent court up to cru.. ,.gin: standards hefo e permission can be
granted for e.p:.nsi :n of the coy t. Mr. Porgell stated th-:t he takes exception
to the last review submitted by the Borna4h Engineer, since some of the items .
listed had already been accomplished. It was ag:.eed that the Building Inspector
and Sanitarian should prepare a &tiled punch list of items to be corrected
so that Hr. Powell c:u1d determine the time needed to a'-compl,'_'- e . this.
Springhill moved, seconded by Hr. t'arr, that action on 'sir. Powell's request be
tabled until the next meeting pending preparation of a runch list and giving
a temporary time extension until the next meeting. Potion carried by unanimous
roll call vote,
C. Letter from Port Lions City Ccuncil re Land Disposal. Mr. Best stated that he
had reviewed these matters with Frank Sheratine, and the Port Lions Council
is in favor of allowing Reed Oswalt to m:;4e application for the 80 acres at
the end of the airport which he wishes to uce for a sawmill and grazing. edso,
they wish the survey work on the Second addition to be completed, but the sale
to be postponed until after the Native claims are settled, and then that the
sale be held in the fall of the year. ?ir. Barr stated that they feel the
First Addition sale will fulfill most of their current needs, and that since
they are having trouble now supplying utilities, it would be wise not to extend
themselves too far. Mrs. Hajdu suggested that a iirtf n be made to the effect
that the two points in the letter had been need and that the Assembly intended
to follow through on the c'.esiees of tee comnenity, , Mr. Vest stated that Port
Lions has an excellent opportunity to pursue wise lend use, and that this
80 -acre tract -:r a .; c ±11 site and grazing would not be the best use of this
land. Also, if the land is seko "..ed and the Ecrough pays the survey costs and
offers the land for sale at a public auction, as is required, there is a
possibility that someone else might outbid Per. Oswalt for the land, or that
he would not wish to buy it and the Borough would be out the cost of the survey
if the land weren't purchased. sr. Tubbs felt that the size of the proposed
sawmill is not justification for such a large number of acres. Mrs. Hajdu
felt that recognizing the desires cf Port Lions is more important than proper
land use. She felt that every community has the right to be wrong, and unless
there is some danger in the proposal, that they should not be deprived of this
right. T'.tr. Barr stated that since the tract will probably end up being quite'
expensive, Hr. C-Icalt may not be interested in it when he learns of its price.
It was agreed that a letter should be directed to the Port Lions Council, with
a copy to Mr. Oswalt, :making this point. ! Barr a that Port Lions
should make their own decisions. He ai -o questioned what a good land use would
be for this area, and that pos7;ibly it would not be valuable to anyone besides
Hr. Oswalt. Mr. Best stated that he was also conceeeed about this use of the
land because of its proximity to the airport.
VI PUBLIC BEARINGS
A. Ordinance 68 - -11 -0 rme:nding Building Code Concerning Foun: rations for Class J
Occupancy Buildings. The ordinance was read. Mrs. Springhill moved for its
adoption, seconded by Mr. Barr. The meeting was recessed and the public hearing
opened. Mr. Powell questioned the setting of a'y limitation on the size of
the buildings that wo d he all -Ted to i constructed without masonry or
concrete foundations, rinse these will not be public buildings and therefore
the safety factor is not involved. Mr. Stansbury repl.i ed that although these
are not public buildings, there will be people inside at ti=nes, and the larger
the buildings are, the more da gar there is of `heir collapsing. Also, he
feels that 1,000 square feet will fulfill the derctands of the homeowners and
ranchers. rihere were no other cem tts , and the hearing was closed and meeting
reconvened. Motion seer _ed by ensnimous roll call vete.
ASSEMBLY MEETING -- August 1, 1968 4
B. Ordinance 68.12 --0 Appropriating Funds for the Expenses and Liabilities of
the Borough for FY 1968 -69. The Ordinance was read by title. Mrs. Springhill
moved, seconded by Mr. Barr, that the rules be suspended since copies were
available to the audience, and the ordinance be read in title only. motion
carried by unanimous voice vote. Mr. Barr moved for adoption of the ordinance,
seconded by ins. Springhill. The meeting was recessed and public hearing
opened. There were no cements and the hearing was closed and meeting
reconvened. c.:t ithr t the Manager's salary should be put in
parenthor:c , . " nc : it was net a: cd into the budget, and th '.t the explanation
of it :.1::.o1C "; acre_':. 1 r,,. Ec3t stated that the ordinance would be proofread
to rake sire ccrrtains no tyr:egraphical errcrs or eliminations. Motion carried
by unanimous roll call vote.
C. Ordinance 68 -14- -0 Levying luxes c�.n All Taxable Real Property Tlithin the Borougu • h
for FY 1968 -69. Mrs. Springhill moved, seconded by Mr. Barr, that the rules
be suspenci<d and the ordin rce read by title only. Motion carried by unanimous
voice vote. The ordinance was read by title. Mrs. Springhill moved for
adoption of the ordinance, seconded by .rir. Barr. The meeting was recessed and
public hearing opened, There were no comments and the ?'caring ' . .r closed and
meeting r=nvm. . carried %:v unanimous roll call vote
VII PLAI'>11ING & ZONING ITE S
A. Resolution 68 -29 -R Approving Land Exchange Between T'?akefield Fisheries and
State Division of Lands. The resolution was read. ?Trs. Springhill roved for
its adoption, seconded by Iir. Barr. Mr. T3arr acknowledged his personal interest
in the resolution, but did not abstain from voting since his vote was needed
for a quorum. Motion carried by unanimous roll call vote,
B. First Reading of Ordinance 68 - -15-0 Rezoning Baranof Heights Blk 4 Lots 7 -9 and
Blk 7 Lots 6 -9 from R-2 to R-3 -- Derald Schoon (Case 204-A). The ordinance d
read by title. Mrs. Springhill moved for its adoption in the first reading,
seconded by rir. Parr. motion carried by unanimous roll Ball vote.
C. First Reading of Ordinance 68-16-0 Rezoning Miller Point Alaska Subdivision
Tr. A and B and Blk 7 Lot 7, First Addition to Miller Point Alaska Subdivision
Tr. A and B; Second Addition to riiller Point Alaska Subdivision Bik 1 Lots 1
and 2; Chiniak School Site and Monashka Bay Alaska Subdivision Blk 2 Lot 2,
Blk 4 Lots 4 - -7, and Blk 5 Lots 5 and 6, to Public Use The ordinance was read
by title. Mr. Barr moved for its ddoption in the first reading, seconded by
Mrs. Springhill, and carried by unanimous roll call vote.
D. Decision old Exception on Lot P?idth on Preliminary Plat of Resubdivision of Lot
19, USS 3099 into Sargent Subdivision, Bik 1, Lots 1-4 - Neil Sargent (Case
25 -B). The case was reviewed. Action had been tabled at the previous meeting
pending receipt of further information from pir. Arndt. Because of Mr. Arndt's
absence, a discussion was held as to whether to again table action on this
matter. Mts. Springhill felt that Mr. Sargent should not have to lose another:
two weeks' progress waiting for a decision. Mrs, Hajdu and ^1r. Barr preferred
to wait until Mr. Arndt was present. Also, they did not feel that the plat
should be approval if there were any question about it, since rir. Sargent
would proceed with the final plat only to have it disapproved. Mrs. Springhill
moved, seconded by Air. Barr, that the exception be allowed under Sec.IX.A of
the Subdivision Ordinance. Tor. Barr quoted the section, and asked if a setback
variance wouldn't also be required for the front lot. Jir. Best stated that
the house which was planted for this lot would net the setback requirements.
Mir. Barr brought up the issue of the zoning of the lots. They are presently
zoned Unclassified, but lir. Best pointed out that if the subdivision were
approved, it would automatically require a rezoning to fit the smaller lot
sizes. After further discussion, motion failed by roll call vote as follows:'
Mks. Hajdu -- No; Mr. Barr No; Mrs. Springhill -- Yes. Mr. Barr moved for
reconsideration of this vote at the next meeting, seconded by Mrs. Springhill,
and carried by unanimous voice vote.
VIII OLD BUSINESS
A. Attorney's Opinion on Taylor Native Allotment Claim in Bells Flats. The opinion
that the letter received by its. Taylor from the Bureau of Indian Affairs
does not constitute any kind of authority for approval of this allotment claim,
was read for information only Lir. Madsen quoted from the Code of Federal
Regulations, Title 43, which describes a 'Certificate of Allotment," which
would be the only proof that an allotment has been approved. This certificate
would be issued by the Bureau of Land Management.
1 5
ASSEMBLYPEWING August 1, 1968 5
B. Mr. Vcgt re Borough Participation to Obtain District Attorney. Hr. Vogt stated
that in reviewing this possibility, it had been determined that the Borough
has no power to expend funds for this purpose. Therefore, a petition will be,
circulated in the area called for a district attorney, and the Borough can then
give moral--rather than financial- - -suor of t by passing a resolution supporting
the petition.
IX NEW BUSINESS
A. Resolution 68 -30• -R Establishing 1968 -69 Hill Rate. The resolution was read.
Mr. Best explained that the Attorney will submit an ordinance amending the
code so that three separate documents will not be required each year in order,
to approve the budget. It was noted that the resolution should state in
accordance with the summary of revenues anticipated during the Borough tax
year of 1968-69," instead of during the Borough year of 1968-69." i4rs.
Springhill moved for adoption of the resolution as corrected, seconded by Nt.
Barr, and carried by unanimous roll call vote.
B. Approval of Tax Adjustments P 68--1, P 68 -2, P 68 -3, R 68-1, R 68.2, R 68.3.
The adjustments were reviewed. Hrs. Springhill moved for approval of these
adjustments as recommended by the Borough Chairman. "lotion seconded by lir.
Barr and carried by unanimous roll call vote.
C. Approval of June Vouchers. Mrs. Hajdu questioned Voucher Nos. 1588, 1593, and
1607. Mr. Best will check on these.
X CHAIRMAN'S REPOT T
A. Status of Applicants for Assessor's Position. Mt. Best spoke to ir. Valkama
concerning the possibility of his being hired as Clerk /Assessor, but Hr. Valkama
stated that he definitely plans to attend college at this time. There have
been no other applicants for the Assessors position.
B. Receipt of Planning Grant Funds from ASHA for Ccanprehensive Plan. Mr. Best
reported that the $10,000 grant ftuut ASHA for fi N 1°6'7 -68 cost the
Borough $1300 which was reteincd by to; cover administrative costs. An
analysis of expenditures on the Plan for 1967 -68 shows an overexpenditure of
$1,814.
C. Workmen's Compensation. 1r. Best atated that the auditor advised the Borough
had been charged too much for its TAbrkmen's Compensation, and that he advised
the Borough to join with the School Board in obtaining this insurance. The
Assembly concurred.
D. Unification of City and Borough. Mr. Best spoke to the Local Affairs Agency
and they provided a tentative apportionment for a Charter Commission which
would investigate the unification. They determined that 59% of the Borough
population is inside the City of Kodiak, and 41% is outside. Three members
of the Commission would be elected at large; four would represent the City of
Kodiak; four would represent the unincorporated areas outside the cities of
Kodiak, Old Harbor, Ouzinkie, and Port Lions; and one would represent the
cities of Old Harbor, Ouzinkie, and Port Lions. These three cities would also
appoint a three member advisory board to advise the Commission member representing
them. The other three villages are not entitled to be represented because
they are not incorporated. Mrs. Hajdu suggested that TIr. Best oontinue to
gather this information and that a joint meeting on this matter be arranged
with the City after the annexation election. She stressed that this does not
mean that the Assembly is on record favoring unifieation, but simply that this
possibility is being investigated. Mr. Best will obtain the apportionment
information fran Local Affairs in a formal letter.
E. Extension of Jackson Sewerline. The Planning and Zoning Commission had
recommended that Mr. Jackson and his engineer meet with the Borough Engineer
to discuss this matter. Ni, Jones, £4r. Barr, Mr. Faussett and Fir. Best had
a meeting and agreed to explain to Mr. Jackson that he could either request
a Convenience and Necessity Permit from the Public Service Commission, which
would entail Mr. Jackson himself installing additional sewer line, or he could
summit a petition to the Borough for creation of a service district, in
the event that the annexation fails, in which case the Borough would install
and maintain the sewer line and would assess the property involved to cover
the costs. This was explained in . a letter to Mr. Jackson, which was read to the
Assembly.
) 0 _1 0 1 1
ASSEEMLY Tival G - August 1, 1968
6
F. Kodiak Little League. Mr. Best explained that the Little League is in the
process of upgrading their property. It was assumed that this land was under
a lease from the Department of Military Affairs. Eowever, it was discovered
that this lease is for another area which was intended for a swimming pool
and youth ccntcr and not for the area of the ball park. Mr. Best asked
for authorization from the Assembly to negotiate, a contract T 7it' ` 'r o Farr to
locate the Armory and the Little League field by a topographic survey. He
estimated the cost to be between $200 and $250. The Assembly concurred.
Go Bookkeeping Department. The annual audit is being performed at this time.
Also, a part -time employee has been hired to train for the position of Cashier/
Bookkeeper, since extra help is needed at the present time, and the Bookkeeper
plans to leave I:odiak in December.
H. Preparation of Tax Bills. Tire Best stated that it was found that the tax bill
forms are not sufficient to provide for the second half tax ncticeso a
help will again have to be hired to type these notices, which may require
more funds than were provided for in the budget, and. would have to be taken
out of the contingency fund.
XI ASSEMBLY COP 11E T2S i"one
XII AUDIENCE OOMENTS None
XIII ADJOURNMENT - The meeting adjourned at 11;35 p
ATTEST ° APPROVED
,e2/s1 2,7
S ly �x, Acting Clerk , Go So w Borough Chairman
ADJUSTMENTS TO BF, APPROVED BY ASSEMBLY ON AUGUST 1, 1968
Adj. No. Name
P 68 -1
P 68 -2
P 68 -3
R 68 -1
R 68 -2
R 68 -3
Chernikoff, Mike
King, A. L.
Denato, Quinto & Ester
Hall, Robert D.
Abston, Gary
Graves, Stanley
Amount
$23.52
29.88
4.31
. 58
. 33
7.84
Reason
Boat located inside City.
Amount removed from
Borough taxes and placed
on City PILOT list.
Removed from roll.
Was assessed in duplicate.
Property owned by
Federal Government.
Removed from roll.
IA
Removed from roll. Use
permit expired per
Fish & Game.