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