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12/19/1968 RMKODIAK ISLAND BOROUGH ASSEMBLY MEETING - DECEMBER 19, 1968 I CALL TO ORDER 1 The meeting was called to order at 7 :30 P.M. by the Presiding Officer Don Bullock in the Courtroom of the New State Cffice Building, Kodiak, Alaska. II ROLL CALL Present Don Bullock, Presiding Officer Mrs. Jo Hajdu Mrs. Springhill Don Arndt Jim Barr Also present Mr. Best, Jim Stanbury, Howard Keiser, Mrs. Jan Metzker and Mrs. Wendy Mickle; There were about eight people in the audience. III MINUTES OF PREVIOUS MEETING A. Regular Meeting- December 5, 1968. The following corrections were noted: Page 2, OLD BUSINESS Line 5 - should read " however it could be done "; Page 3, Planning & Zoning, Item A - line 8 from the bottom of the page - "Mr. Gagnon stated that a solution would be not to have separate zoning for the different types of residence but rather one type for all residences." Line 5, Page 5, "She also felt the larger area should be established now so that we would only have to pay for one e/actaon_rather than doing a small area now and have to pay for another election for r1 additional area later, as elections are expensive." Page 5, line 10, paragraph 2 - add: " Mr. Goodman stated that the Mutual Aid Agreement would be effective as soon as passed by the Assembly which would mean 10 :00 the following morning, the time the firemen could be notified of the ratification of the agreement." Page 5, Line 11, paragraph 2 - add: fire protection outside the city limits - and if the agreement is not passed this would leave the people outside the city limits without fire protection." Page 6, Line 5, Paragraph B - delete last half of line and insert: Mr. Goodman stated the Municipal League has changed regulations whereas in the past each municipal government paid the: own dues, now the Borough pays the entire dues based on the total population of all the cities within the boundaries. Because of this new rule Mr. Goodman did not provide for the City of Kodiak to pay these dues. B. Work Session minutes of December 16, 1968. These minutes were set aside to i. .+ low the meinters to read them. IV OTHER MINUTES A. School Board - Regular Meeting - December 9, 1968 - there wczu r'o.comments. B. School Board - Special Meeting - December 10, 1968. The question was raised as to who are the members of the Kodiak Independent Insurance company and it was stated that this is a joint venture between Trinity & Kodiak Insurance Company, each one will have partial coverage. The meeting was recessed for BOE; reconvened at 8 :00 P.M. V CORRESPONDENCE AND APPEARANCE REQUESTS A. Memo from J. L. Stansbury re Trailer Courts, Field's, Powell's No. 1 and Erdnan's on Spruce Cape Road. The memorandum was read stating that considerable effort has been made to bring these courts into compliance with the ordinance and because of bad weather a time extension was recommended to June 1, 1969, in order to complete this work. At that time, if the work had not been com- pleted it was recommended that legal action be taken. Mrs. Hajdu stated that if the ground does not thaw until May, to take legal action on June 1st does not sound like enough time to accomplish the work. However, it was pointed out that thirty days should be time enough for the work required. Mr. Barr asked if the people had been notified of the work that was need and was in- formed that this had been done on several occasions. Mrs. Hajdu moved that the Building Inspector's recommendation be followed but that the date be set to June 15, 1969, to allow time for the ground to thaw. Seconded by Mr. Barr. 2 KODIAK ISLAND BOROUGH ASSEMBLY MEETING - December 19, 1968 Page 2 It was further stated that the courts in question had received several list of discrepencies over the last several years and in some cases the person involved did not understand the terms used, however it was felt that there are existing books and pamphlets that would explain these and they should be used. The question was called for and the motion passed. Ly unanimous voice vote. B. Memo from J. L. Stansbury re Powell's Trailer Court (Brisbane). The memo- randum was read stating that a time extension was recommended for this Court because of an effort to bring the'court.into compliance with the Ordinance and because of bad weather. The extension was recommended to be set June 1, 1969, at which time legal action would be started if the work had not been done. A letter from Howard Keiser was also read stating that even though the work was done by June 1, 1969, this court would still not meet the Borough Code of Ordinance because the plans had not been submitted to Juneau for the engineer's approval. The question was asked if plans had been submitted on the other courts; this has not been done although sketdhes were presented at the time of application in accordance with Borough ordinance. It was pointed out that it is difficult for just anyone to set up plans for a trailer court and rake sure that it has adequate facil- itiies and this is why the plans should be submitted to Juneau for an engineer to check and approve. firs. Hajdu asked if the other trailer courts in question had submitted plans and if final approval for one court is being held in abeyance then final approval should not be granted to another court without the plans. The operators of the courts should be made aware that they must submit plans. It was pointed out that Jr. Erdman was the only one that had submitted plans to Juneau and it would take from 90 days to six months to receive approval. Mr. Powell mentioned that this submitting of plans to Juneau is not required in the Borough Ordinance, however it was noted that this is a State law which has only recently been enforced. Ir. Brasie stated that in 1966 he had attempted to sell waste treatment plants but because of the high cost the court owners would not buy. These units are still for sale but have not been approved by the State Sanitarian. Mr. Farr moved to accept the recommendation from the Building Inspector for a time extension for the trailer court but that the time be set to June 15, 1969, seconded by Mrs. Hajdu. The question was called for and the motion passed by unanimous voice vote. C. Letter from Roy Goodman re "I" Street Playground. The letter concerned the fact that there is a large hole in the playground and a young child Baas nearly drowned there. The city is requesting the amount of $7,000 to fill this hole. Mr. Best stated he had walked over the area just the other day, at that time it was covered with snow but it was possible to see that there is a big hole there. However, he felt that just filling this hole would not solve the problem, it might only back up the water drainage somewhere else. This is something that will have to be taken care of sometime and perhaps can be held up until the new budget is made up and this can be budgeted for with ether Borough expenditures. Mrs. Hajdu stated that if filling the hole will not alleviate the situation, perhaps it would be better to dig a ditch that would drain the entire area and go 50/50 with the City. Mr. Best stated that until; the City puts its equipirent back together there is not much we can do. Mr. Barr felt that there is a problem here and that the people involved definitely have a legitimate complaint, however there does not seem to have been enough study by the City on this. Nrs. Hajdu moved that the Borough Chairman be requested to take this item back to the City Engineer to see if a drainage ditch alone would be a more feasible solution or just what the solution would be. Seconded by J1r. Barr. It was stated that the funds are not avail- able in the "I'' Street Playground fund at this time. Although $26,000 is there, $13,900 is being used to purchase lots and $13,000 is earmarked for the playground although this $13,000 is not needed until the plans are pre- sented by the School. Mrs. .jdu felt that this $13.000 could be used for the fill. Mr. Barr stated that if we are going to put fill in he would like to see the existing top soil pushed down and put about three feet of top grade fill on this. Ars. Springhill stated that it was her understanding that the down payment on the lots was to come from ICE capital improvement fund. It was stated that these funds do come from capital improvement. The question was called for and the motion passed by unanimous voice vote. D. Letter from Nr. Haakenson of Old Harbor re Rental Charges on the School Room. The letter was read stating that the water charge will be $35.00 per month and the rent on school building will be $200.00 per month, however the School Board offered to pay only $50.00 per month. The Eorough used the building rental free for 1967 and 1968, however the other sections of the KODIAK ISLAND BOROUGH ASSEMBLY L E1. TING - December 19, 1968 Page 3 building are being rented for $200.00 per month each and it was felt that if the Borough had special privileges the other renters would desire lower charges. The Old Harbor Council felt that the $4,000 spent on repair of the school room was wasted and the class room is still not up to par, many items that needed repair a year ago are still in need of repair. It was felt that this was the School Board's problem and that the Assembly should not take any action on this but just to obtain information as to the decision of the School Board. E. Letter from Mt. Dave Cluckey re Fire at Akhiok School. The letter was read stating that TMr. Mike Farsovitch's house was destroyed by the fire that originated in the School and he had been assured by several individuals that his house would be rebuilt. As of this date nothing has been done and :7r. Farsovitch has been shunted from house to house in the village. He has rented a house and would like for the Borough to replace his home and scme of the items that he lost in the fire as he feels the Borough bears a certain amount of responsibility. A list of the items was included. e Barr stated he would agree that we should help Mt. Farsovitch get help from some other agencies. This has been taken to BIA and other agencies but no answer has been received. I'!r. Farsovitch is asking for between $1,000 to $2,000. Mrs. Hajdu suggested that we take this letter to Roy Madsen to see if we have any possible legal responsibility and then the Assembly should think it over to decide if we have a moral responsibility even if we do not have a legal responsibility. VI PUBLIC HEARINGS A. ORDINANCE NO. 68 -30 -0 rezoning of Townsite Addn, Lot 26, Bik 1, from Business To R -3, William Hartman (Case 117 -D) The Ordinance was read by title only. Mr. Tarr moved for the adoption of Ordinance 68 - -30 -0 and seconded by Mrs. Hajdu. The meeting was recessed and the public hearing opened. For the info nation of the audience the case was reviewed_statirg Mr. Ilartman's family was increasing and therefore a larger home was needed. It was questioned as to whether or not the lot was large enough to accommodate a larger home. It was noted that this was not the problem; the problem was that he would not be conforming to use as it is now zoned business. The public hearing was closed and the meeting reconvened. The question was called for and the motion passed by unanimous roll call vote. VII PLANNING & ZONING ITEMS A. Ordinance No. 68-31-0 Rezoning Last Add., Blks 36, 44, 45, 40, 43, 46 and 47 from R -1 to R-2 (Case 209 -B) The ordinance was ready by title only and it was noted that this was initiated at the Assembly's request and has not yet been to P &Z but could be passed subject to the approval of P &Z. Mks. Springhill stated she would like to have this go to P &Z before coming before the Assembly. _t. Arndt moved for the adoption of Ordinance No. 68 -30 -0, seconded by Mts. Hajdu. Mr. Bullock felt that this should be talked about and taken under more consideration as many people have stated that this is a very large portion. The map was studied. I',rs. Springhill asked if the people who objected before would have to go around with another petition and was informed that they may come to the meeting and voice their objections rather than sign a petition. At. Powell thought that FHA was in favor of keeping zoning sepa- rate and would finance acmes in this area more easily if it were low density. Mrs. Hajdu pointed out that sir. Gagnon had stated that current thinking is to make one residential zone for all type of residences. Mt. Britton stated that if the zonings are taken as requested there will be a slow development and one could see how it is going in certain areas. The question was called for and the vote was as follows: Mr. Barr NO; Mrs. Springhill Weighted NO; Mr. Bullock Weighted NO; Mrs. Hajdu YES and Mr. Arndt YES. The Ordinance was defeated in the first reading. Firs Springhill moved that the proposal for rezoning be presented to P &Z for consideration and recommendations. Seconded by Mts. Hajdu and passed by unanimous voice vote. VIII OLD BUSINESS A. Resolution 68 -43 -R requesting Adequate Snow Removal by State Highway Department. The resolution was read stating that the Highway Department is responsible for snow removal and that this was not being done. t. Taylor wanted to know why the road to Bell's Flats was not plowed as they are a Hart of the Borough. It was pointed out that the Borough does not have the road power and that this is up to the State and they should check with Mr. Hillbish and the Department of highways. At. Barr felt that the Ordinance should IX NEJ BUSINESS - --° NONE X CHAIR/IAN'S REPORT KODIAK ISLAND BOROUGH ASSEfBLY PW TING - December 19, 1968 Page 4 clearly state that the sidewalks were not cleared of the snow as well as the streets. Mr. Barr moved for the adoption of Resolution 68-43 -R and r t hat the Chair ada sidewalks to the ordinance. Seconded by Mts. Springhill. Motion passed by unanimous roll call vote. A. Letter from Mr. Clouse re Civil Action 66 -1865 B, John Cole vs. Kodiak Island Borough. The letters concerning the case were read stating that if lir. Cole's employment were terminated without 90 days notice he would receive the amount of $3,000 for the three month period. He was requesting this amount and also three months vehicle allowance which had not been paid for the months of March, April and May of 1966. Mss. Hajdu felt that Mr. Cole had a fair claim for reimbursement; she did feel that the Borough Chairman could dismiss him but did not like the manner in which it was done and so stated at that time. Mrs. Hajdu stated that rir. Cole had left the State and it might have proved too expensive for him to press his claim. She felt this was the reason we have this opportunity to make the settlement. Mr. Best felt that if this was the agreement between Mr. Powell and Mr. Cole it should be honored. its. Hajdu stated that the Personnel Act was brought into effect so that there would be something on record, in order for the employer and the employee to have some guide lines, Mrs. Springhill stated that the Assembly cannot act until there is further information. It was felt that the Assembly should inform the Borough Attorney that the settlement sounds fair and the way the Assembly would act would be to ask that payment be delayed until the next fiscal year so that it may be put in the budget. It was also requested that the contract for Ir. Cole be obtained and also the letter from Mr. Dave Ruskin and brought before the next Assembly meeting. The Borough's Attorney is to be requested to attend this meeting. B. Fire District Budget Copies of the budget were distributed to all members and will be discussed at the next meeting. Several questions were brought out at this time $5,000 down payment for the truck will be in next year's budget. It was noted that there will probably be some odds and ends of furniture that will be needed. Mr. Bullock asked about the rental agreement; it was stated that the agreement was to start January 15 and this date was set up in the event that the fire district did not pass, the Borough did not want to be Obligated for the lease . Mr. Best stated that 4r. Felton was agreeable to the leasing with the clause for release if the Borough builds their own building or for a lease /purchase agreement. Mt. Barr moved that the Borough Chairman be authorized to execute a one -month contract with Feltion & Tenny to house the fire truck on the same agreement as the long term lease. Seconded by Mrs. Hajdu. The motion was passed by unanimous voice vote. Under Maps & Books Item in the budget, there will probably be some books that will be needed. Mrs. Hajdu stated she had two in her office that the Borough could have This Budget has been submitted to the Advisory Committee for comments by the next meeting. C. Lots Purchased From Pratt's Trailer Court. The Borough purchased lots from the Pratts for I Street Playground and now the Pratts need the funds to up- grade their trailer court. They are willing to sell their contract back to us at a discount and the Dank will loan us the money at 5-1/2%. This will save us a bit of money and also give the Pratts the necessary funds to continue work on the court. The amount is $11,660. It was agreed that this sounds reasonable and the Borough Chairman was requested to bring figures to the next meeting and no commitments are to be made prior to getting a release from the Assembly. D. Personal Property Taxes Inside the City. It has been noted that owners of rental units have not been filing the business type form which they will be required to do in the future. Mrs. Hajdu stated that this will be a draw- back for the City since they will have to pay the Borough in lieu of Taxes on the rental units inside the City but it will help the City to have a list of rental units to aid in collecting the new sales tax on rentals. KODIAK ISLAND BOROUGH MEETING - December 19, 1968 Page 5 XI ASSEMBLY COMMENTS A. Old Harbor School Rental: Mrs. Hajdu stated that the letter which Mr. Haakenson sent to her included a cover letter requesting her assistance as there seemed to be a break down in communications between Old Harbor and the School Board. She further stated she would like to see how the matter was handled by the School Board. She would also like to have a copy of the letter the School Board sent in answer to Mr. Haakenson's letter. Both sides of the story are needed for review. Mr. Barr stated that the light which is out now is probably the same one that was out a year ago and the same is true with the broken windows. The windows have been shipped down but they have not been installed as yet. The business of sending people down to do the work has prove!l to be very costly. Mrs. Springhill suggested that the hiring of local people would be best. Mrs. Hajdu is going to answer the letter from Hr. Haakenson and requested any information concerning the matter. Mr. Best will also write a reply to Mr. Haakenson. XIII AUDIENCE CcUIE`NT5 A. Bell's Flats Mr. Taylor stated that there had been several articles in the Mirror concerning a hog faiuu that was going into Bell's Flats and he was wondering about this. It was noted that there has been no application received at the Borough Office and the office does not have any information on this at the present time. B. Junk Yard Ordinance Ir. StaRbury stated that there is not a Borough Junk Yard Ordinance and if the Assembly is agreeable he would be willing to draw up a model ordinance, since there is an increasing problem of junk outside the City Limits. The question was brought up as to whether or not the Borough would be able to enforce such an ordinance as there are many that are not enforceable. Mr. Stansbury said he would check with many of the other Boroughs and make a model draft on the same guidelines as other boroughs. The only thing in the Ordinance covering junk yards states that they cannot be 300 feet from the main road. In the writing of this type of ordinance it was pointed out that the fact it will be used in Bells Flats, Chiniak and Ouzinkie should be kept in mind. It was felt that the people in these areas would enforce the ordinance themselves without having someone from the Borough travel down to do so. Mr. Barr felt that the ordinance should be less stringent than the City's. It was agreed that the Building Inspector would draft a model ordinance for consideration of the Assembly and also a copy of this would be sent to the outlying areas for their consideration and comments. XIII ADJOURN ENT The meeting was adjourned at 10;!00 P.M. ATTEST: APPROVED: Sally B. Hendrix, Clerk/Treasurer Ge S. Best, Chairman