1970-01-22 Regular Meeting7 r) 1 1 I 4 1 2
KODIAK ISLAND 60%x,8; ASS/mBLY e1EGTIrc
JANUARY 22, 1970
I CALL TO ORDER
The meeting was called to order by Presiding Officer Betty Springhill, at 7:40 P. :-1.
in the
Courtroom of the State Office building, Kodiak, Alaska.
II ROLL CALL.
Present
[Milton T. tente, Lorough Chairman
Betty Springhill, Presiding Offices
Ed Naughton
Porn Sutliff
Don Arndt
T. T. Jackson
Also present; Mr. Robert E. Orafe,
`� alee Tubbs from Division, of Lands, ra grk; nfr, Kenneth tel er
ence. Anchorage; and approximately 20 people in
III mums OF PREVIOUS a1irI'n
A. AssASS l v p - Jan 8th �l 1970 - 'Mr. Su
ran resented anla asked for unaniSty consent. T for b�ngval of the
mss o the Assembly, the minute Thete being jectrTons
rD2 eLE s o an02Y �i,
dI/TFS OF OTTER aEert<,� ,��_�_
A• PSZ - ,r, urea
Portico of the eat rJ 20th, 1970 - Mr. Sutliff requested that the
ordinance be read aloud and re the quest of the complied w ith b trailer oath
, . Su Sutliff by the Borough
Chairman. After the reading of that portion
minutes and asked for `s• Slntliff rioved for
of the minutes ueresoa s colsent no sere voiced and
B. Stiveol Burry - regular urea - --
o n that portion of the minutes - January 13, 1970 - Mrs. Springhill not f
theoCityy l is sponsoring ter but t hy ens no that in fact
as the City is concerned. There is rte m ionaon whether
under W as discussion i t w or
not the Center was still u
that this will continue until June. Mr. . f and it was toted
minutes and ted mmuzzles were so .
r `'4 �nsent; m ob'e fo �1 - °f the
Z wiari a the
v CORRESpaineNCE AND APPEARACE
STS
A. Mr. lea meth hal.lbarh, Chief of the Lands Division and aft. Dale Tubbs, South
Central District Offices, were introthced to the members of the Assembly. The
questions e
Bi Chairman stated that there were many areas in which the As
in main question concerned the sanhly had
in S sto the existing land claims. Further Assn l s position on l f land sales
What has pcsitien relative to the sale of tends g the land freeze a ow
wha s happening no 'r areas of the State. /tr. r. 1 the
la ;. and
of Sst that axe ac lard. The Ste ei rig
the selection from. public dolain lands; the State-makes a selec tion and
the right
al a adjudicates the
these Government ad the selection to exclude any occupied land -
steps are taken before patent is issued.
Y being don_ before patented out. This is ve on ap
of survey
the State may issue conditional sales, t ra at later n t i l
given that tentative approval is tantamount to such h t tiit1e . ca is and conveyed. inert are other disposals of lands in other aro can of
the State. The State issues patent to the being and nd orde planned nde in can
of
agreement will prepare quit claim dads for the B ve r t sitnatarc at ures. ..it
the lards claims are concrntt , hurls r a .>s fax as
It was noted that the iicnashkaLayy Sal is TA'd land that was s y td they are t- 4ereabl�.
dispca . The only thing holding A d e. Th
ere
SUrVtys stay; well within boundaries is the selection and l at t.. Feder
Goverment surveys the land prior to issuance of patent. Amember later of Federal
Hallback roqucstud the definition of 'unappropriated and vacant lard" A..,
explajncd that if the Federal Govcrrnrrnt states there is no valid
claim it is unappropriated and vacant
lino, the land is subject to all entries.
1 (l 1 1 1 1 4 d 2 ;:
EOPOODE ASSELEILY ;ffITflG - :.2, 170 Page 2
(1) Sales of Bell's Flats and Russian Cr Jc Si'hdivisions - The Borough are
Chairman
note that thc survey has been ca:plctfd in these subdivisions;
in place although the may be a f..w probers on individual stakes but these can
be taken car of very easily Thera are. approximately 94 lots or tercels that will
be placed or the market. The Appraisals have been made, although it will be neccsshr
to r'- appraise sane of th, lets anew bring the report up to date. Values range from
$1400 to $4300 and $4400, average appears to be about $2500 per lot, average size
is about five to six acres. Thu point has now been reached that instructions are
nccdcd from the Borough Assembly for the Division of Lands to piarY this on the
market and instructions should be given concerning the conditions of the sale
To questions asked concerning, the Dell's Flats Sala, rr Fallback answered that
the land is new ready for sal:. these will be a delay for preparation of the
appraisal r..port and brochure; and regally a month's notice is required for
notification of the sale. There would be a minimum time of two to three months
Fran starting to the data of the sale. The State can and has in the past managed
the sale of the larva under the management et... Hban this is done the
sale must he conducted under the rules that govern state Qanrq if thc Borough
Assembly gives instructions contrary to the State Rules ten the Division of Lands
would not be able to handle the salu.
The Division of Lands handles the sales at no cost to the Borough other than out -
of the pocket costs. The purchaser may buy on installment plan; that is 10% down
and 10% per year with 6% interest on the unpaid balance. If a person purchases land
and later finds that he carrot afford to keep tlx: parcel he may submit an assignment
of contract and sell the land to any other individual. rarainnin9 lots front the
auction are sold over the counters, handled by the Division of Lands, with brochures
available at the local -trough Office. If thc sale: is conducted as a normal State
sale veteran's preference rights arc ac:narledgcd. The Borough might wish to de-
signate that veteran's preference rights would not hold, but under state laws the
sale is conducted in this manna*.
State laws require that the lands are sold at auction - miniron bid is the appraised
value. It was noted by Mr. Fallback that the Assembly could designate that thc
minimum bid could be cut, however this action was taken in the past and the results
were not exactly as expected. The a cut in ll the th minimum bid established
and n ordc
that speculators would not buy up
hare: sites world be able to purchase sate at a minirsrn price.
The total appraised value: in the Bell's Flats area is $248,750 as of December, 196C.
There will be a new appraisal and brought up to date. This includes thc four
retrial sites and the survey costs for the area hand bs.appreimately $75,000.
The Division of Lanes in determining whether or not a sale is feasible uses a return
ratio of three to and::, anything less than this is usually not feasible.
The Borough Chairman noted that in the future a polio7 could be establish whereby
25% of the land sale receipts are retained for future survey costs in order that
the Borough may pay as they go so to speak.
The current appraisal list, dated December, 1968, vas shoran to the Borough Assembly,
and noted again that this will be updated. The appraisal is date by the Staff of
Division c lands, at no cost to the Borough, based on previous sales in thc area
and State. It vas noted that the State does not have "squatter's rights" by
Statute 169 - and if the Borough Assembly wishes to give tote people presently
on the lots in the vicinity of the sale; those would have to be withheld from the
State sale as the Division of Lands coved not handle this part of the sale. San:
consideration was given in past sales to the people in chiniak vicinity 2 days to
i that
if the occupants of the land were not the successful bidders they had
remove any inprovun;nts fray the land.
During the discussion the question was raised as to whether or not banks were row
lading t'oasy on land without the person having a quit claim deed. It was notes:
that they will not lad money on mninproved lard, only as a collateral. However
this doss depend on the individual )rank and the individual applying for the' loan.
(2) Lands turned back rut be re -sold at auction. This enables thc second highest
bidder at the previous auction to rbid on the land and also prevents collusion.
The parcels turned back are re- appraised before being re- offered. There are about
twenty parcels that have been turned back into to Division of Lards and can be
resold at auction. The Division of Lands will need a directive to have the land s
rc- appraised and offered for sale; again noted that there is no charge for the
azpraisahs if cone by the Division of Lands Appraisal Staff. Specific instructions
will be needed front thee Borough Assembly rexgaoding the price of the1 from
Miller Point Sale as tne.y were originally sold <.t one-half the appraised
2
t
1 1 ! 4 4 2-
OBOUGH ASSE2CLY MOILS S - JlLaiLR e 22, 1970
If If no directive is P age 3
no
bid. It given the: lots willsellr at eview e apr aced valu this oould be the
to Sc e 11 the is the State's policy j n n every t occurred years
in
land values. glue is still geed c'n0 to review y changes that R y v very f
(3 ) Chiniak - The need for a survey in the C iniak area was discussed ant;
routes that can � t,x� ,�
as :tech as obtaining & a n . The of nsuslof o was th.,t this should be thero are nrny
a s ch the survey from the State, checking into explored in
of
Borough having th ee. y work done locally and eves P handling the sale the Possibility
The survey costs sight w =11 be. recovered on the first h the • as the survey costs oould be add g
might well be cur next project and considers of the lots. b It was t s4 of the sale
oo consideration should be given to that this
Thc interest in
the peopl in the; lc of the l:.land rc:ered:oanl school c Pos Pr
that might arise because of t& f
Possibly 60 to 70 , area has not wavered: and acxx roars
p as i discussed and parcels of toatl acreage, 100 "ore or less there would be a ntry of
was di scu s ed acreage) nted t tthc acre be no control over the development pm to except program
himself amount of surnly fine. e s may be chosen and t en tx c
e on Pt ov
t system � us d for private r ecreational p sst e s. i_ ot t on roo n la
usually operated
the su vey in interested ,,•n at turn � i cucular ti , w e . B and will be °R
(4) Possible salt: of Kodiak S �Ih Ct><,iz� to discuss
land , ubdivision. problem is that this he
any sal. of the land would include rg utilities. The Borough i the Borough owns the
an
of the sale prig: would be nc the cost of utilities p Ctklot an t that
of the land. The City to e t while the oer lot and retain t t tico
the he lai.l outlining Council representatives Borough tter the. cost
Division twin ng the suggestions of a i rman te.d that letter be writ
of Lands representatives noted the Chairman, ten to
originally sold and therefore it is that this P'.rtic'u�L, subdivision the discussion, the
Position r f fs u not ,
not pert of manage an disposal. orm the sale. It should be doffs world ru in
P
by the Borough and
¶5) Sale of Port Lions Second Addition. The City of Port Lions has r
proceeds fran the sale of the land within the City Limits be returned to and
also has requested the lane; within �•n requested that the.
• The
advise shave: not been appraised th � yets surveys
the Bore the Cif to
th as yet to the City of Port
Cost for su en estimated at about p Lions fo haicruisition,o�thosccolos.
30 here lot.
Thu � question question was asked
Island. A maw had been eta to he status of the open to entry program here on Kodiak Planning
and Zoning Cc:emission did review the areas and requested sever rther r s 1g and tae n the
open to entry before the an hold initiated.
public. A will Ix necessary to
and classify s s th f
h. for
ThC r epresentatives in the audience f
freeze president, Harry Carter, indicated due to the native land claims and Item about the status of the l
_ got 1x: r-
me e , their feeling n e that the. i h B o of h. this in the near future
r9ar+ization would be coils negotiation with the with. he Pull be this
th o are port of willing ling to negotiate on any land. IA this th e be done, members
also camunity and do not growth b taus° of the land claims. The question was jea t wh the e rnott e
pending a ion and nd the Borough could legally negotiate some° that or not she
Borough wi al government. It en' felt by/! enter this that coos presents .
Y should sit down with d the Assembly that the 1
also that if neogtiation stL 'unbars of KIM e I tael this problem. [toted
solving other claims. It ens decided takun this that eaach org � ell establi the sh orc.eerh rough and in n-
talks being arza whether or not they are in a position negotiate prior to h
Mr. [iallhaadc and Mr.
Tubbs were taat:ed for their informative discussion at this meeting.
5. Letter frail Senator Gran l re Appointment of
read by the , ` . a a „ r .-.s 4r. - o Irr .. .. L ' l to coordinate the Borough's ' requesting a full-ti
phase supplied at no chat: qualified suggested in the letter Borough e
charge to to noro to represent the Borou7te G Li q
'rough.
C.
Letter of Rcsi tine as Chairman
Ile tt a tit rcsr gning as chaiaen of the �nv t t ar. geed sting . t c sub..
position. '
ant with ric Borough r D r L be appoin to take his place. Theg Assemb1 v ' s in Chairen a ge
>ajcr Pestrichclla should be appointed to else
BOROUGH laza mums - 21, 770"
Page 4
There was discussion concerning the operation of thc ETV pl ust_am once the pilot program
period has expired. During the discussion it was noted that if and when the Frrlrral
moneys for this program are withdrawn the community will have been able by that time to
study the operations and perhaps bc in a better position to determine whether or not it
could support such a p..eyi m. At the present the only cost to the Borough might be the
cost of installation of the pad. for the receiver.
VI PUBLIC HEARINGS - NOM
VII PLAUTELZ & ZQiniG ITE•T'S
A. Review of Pr cd :;obit.: -at.. Park Ordinance. :;r. St:ttcr, a. P &Z member, cores in the
audience a requested that thc ilorough Ass:r.Ely review p..rt±o.ik'rly the Fire Protection
section of the ordinance. lie stated that he had talked with the Fire Chief and this
would be a most difficult portion of the ordinance to enforce. One cnnot tell mother
what to do on his an private lots, his main concern was with the portion covering the
fire protection on a private lot. During the discussion it was brought out that the
purpose of this ordinance was to establish an ordinance, that would cover the basic needs
and that if in the future there: was need for more regulations they could be added. After
discussion it was de.ci ..::t?at - item 05 under Section 4 should be withdrawn and
that item P - Fin: Protection should read:
(1) Each add-on still have as many exits as the original structure.
(2) One 10 1b. fin: - .e,.tirquishor shall be supplied by the trailer court owner
for every 15 trailer spaces, or fraction thereof, and shall be placed in an
accessible place that is cL xly marked.
Further discussion determined that the phrasing of several paragraphs should be changed
in order that the inspections and approval of plans would be taken care of by the
appropriate Borough official. This will be so done in the on.paration of the ordinance.
The Assembly requested that this be presentxl for first reading at the next regular
rceting.
B. 1st Reading of Ordinance No. 70 -1 -0 Revision of Zoning Ordinance for Entire Area..
Due to the lateness of the hour this ordinance was not rend, it will be brought before
the Borough Assembly for the first reading on the fifth of February.
:II OLD BUSINESS - NUIE
NEM BUSINESS
A. The vouchers for t)xe month of December have been mailed. The Assembly was .asked
if there were gaestic_ a .7J.xxxring the report There: being none:, the record shoal
Show that the vouchers have been received and reviewed.
X CHA.tR.QiN' S REAM
A. Mental Health Clinic - The Borough Clerk, Bob Graft was requested to give a short
resume on the Mental f.i a1th Clinic. The Mental Frlttfc'ard has meet and reviewed the
applications for director of the clinic and has hired one Ernest S. Stickel. The target
date for starting the program is March 1, 1970. The Clinic will be receiving a. federal
grant in the amount of $63,000 to assist in the staffing of the clinic. The location
of the clinic is not definite at this time. Several sites have been suggested. It is
possible that a portion of the Griffin eiemorial hospital may be 1uased as this is being
set side for general health facilities. The State has set aside a certain amount of
funds for up-grading of the property in 1971. As far as the Borough's budget and
tprrl support is concerned, there has been $4,000 allocated for the' use of the i4ntal
biealth Clinic. It is possible that the pieeieim may not be self - sufficient at the
and of the grant period and this will of course bc considered at budget time in the
co coming months.
B. Letter Fran Trydc, Nyman and Hayes - indicating that the Borough may be in line for
up to 80% participation in the construction of sewer intercepting 1i.nos and treatment
facilities from State and Federal agencies. This because of the two- governmental systems
in Kodiak. Dar. Nyman has suggested that perhaps Rolland Janes make a trip to Anchorage
to work with their people for two or throe: days and prepare the application necessary for
this grant. This application would place the 3orough and City in a much better position
for obtaining Federal and State-: funds should they decide to pursue the sewer collection
and treatmnt program in the next several years. The Borough Assembly members were in
cyi'xauel with this course cf action.
BoR Ass0mlY 1 I 1 4 el 2-
II`r' - CRY 22, 1970
Page 5
C r School Board Ci Council and Boro h Asscmbl
$540, Boron 00 S indicated that the s potentials cold g the for local upport for BOO i �—" —� Y outlined
000 for
all Im 3 of next year. There will be subsequent in as hi gh t
Y should , attend if at all possible, It s
D. Fiv�ds for Parks. telephone call fren1Rep. DeVeau was received by Karl
there will be money availlble for A telc
suggested construction s be n i d velopment of the pnrkc design t f r ne r yea area ' 1 m°n for
r
letter o her ideas on differ ntt d thus shoo it ens beeexpl . I " A `'d might ha
tee should be writ p. DeVeau should also red. It t decided that a
P anrx;rs arrive in indicating a definite in a
J was ice - *crest and that when
ust spot on the hoped that the a could be divided Sian usxson should
everal discussed rather than.
money
road sYstim. 1 locations rather than
XI ASSEMBLY COMMENTS - p)CNE
XII AUDIENCE ppaggp S - NONE
XIII Awayntz,
There being no further business the meeting uns adjourned at 11:25 P.M.
APP
21,
Wilton T. White, Boroug ""` J Q7a1TIltan