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1971-01-07 Regular Meeting'') 0 7^ I • 4 x. 1 KODIAK ISLANV 8017x101 ASSE.031Y MEETING JANUARY 7, 1971 I CATS. '10 ORDER The Meeting was called to order by Deputy Presiding Officer Noun Sutliff at 7 40 P.M. in the Courtroan of the State Office Building, Kodiak, Alaska. II ROLL CALL Present J V calUNICPTIONS AND BPPFAPANCE REQUESTS Absent Wilton T. [bite, Borough Chairman Ed Naughton (excused) Noah Sutliff Dick Sims (excused) T. T. Jackson Don Arndt Also present: Dr..1iarshall Lind, meters of the School Administration and School Board; Russell N. Walker, Borough Clerk and approximately 15 other persons in the audience III MINUTES OF PREVIOUS i a TINY A. Borough Assembly - regular meeting, December 3, 1970 - it was note: that under i•r! BUSINESS Item A -should read " approval of tax adjustments Fran P -70-35 to P- 70 -42." idr. Jackson moved for approval of the minutes as presented with correction noted, seconded by i :. Arndt, Motion passed and the minutes were so approved. B. pnn2uoh hssethly - special meeting - December 14, 1970, held in the Borough 01 ice for approval 01 Resolution t..o. 70 -30-R. i•:o objections were voiced and the minutes were approved as presented. IV MINUTES OF OPhER I.4.r:1'L'GS A. P &2 -regular meeting - December , 1970. B. Sctnol er Board Minutes - Decanter 2 and 9th, 1970 (Special Sessions) School Board Minutes - December 14 and 29th, 1970 (Regular Sessions) There were no =tents on these minutes. A. R. A. Jones, Cittyy itanaler re Tlater & Sewer Development Plans - Inc. Jones presented a breakdwcn of the costs for construction, based on combined efforts of the City and Borough. It was pointed out that if the Lorough and City did join farces in this project the Federal support would be 55% and the State Share would amount to 25% of the total cost, thereby leaving 20% of the crnstruc tion cost for the local area. Three interceptors have been planned and the preliminary ergineerinz has been done based on the Catprehensive Plan as pre- pared by Ttyck Nyman and Hayes; the interceptors world connect to the existing city system and continue to the outfall and treatment plant near the old dry dump on Spruce Cape Road. The total estimated cost is $933,825. The Federal Government will not participate in the right-of -way costs and these are estimated at about $200,000. In the final layout as much of the existing right -of -Mays will be used as possible. It is planned to proceed on this progra in the Spring and the City is working now to prepare this for presentation to the voters in the near future. The City Manager is remmanding that the General Obligation Fond issue be for $800,000 in case of any annexation to the City that area world be included and also because the City is anticipating that the Borough will go along with this project. There are two ways in which the Boragh may participate (1) by having a bond issue for the voters or (2) establishment of a service district contracting the services Iran the City. The local area (that area outside the city limits) would not be assessed until the use is established. It is planned that the interceptors would be constructed in about two or three years and after that the collection system Could be installed. It is expected that the treatment plant will be finished prior to that time. Once the construction of the treatment plant is completed the operational costs should be approximately $24,000 a year; which includes a full-time employee and the materials for the operation. The costs to inlividuals for the sever servic world run approximately $2.00 per month and this is based on the present population served. Another 500 persons could be served without much of an increase in cost. X1Ii FaROB[3i 3SSF? 12I, :Mt 4 JPMUAPY 7; 1971 B. Letter from Fish & Game re Lakes in Bells Flats area with recommendation from Planning & Zoning, read in full by the Borough Chairman stating that certain lakes in the Bells Flats area have been stocked over the years by Fish & Game and requesting that should the area ever be subdivided that access strip of 15 feet be maintained for public use of the lakes. No action eras required at th time by the Assembly, the Borough Chairman asked that this be kept in mind shout the time arise that the area encompassing the lakes (Jack, Lee, Caroline, Aurel and Cicely) be sutdividied that this be done. C. Letter from 4micipal League re 1971 dunes - it was noted that the 1971 dues are listed as $ 9620. The Borough Chairman indicated that he could not honestly recommend paying this amount as he felt the price was too high for the return on the tax payers dollar. It was noted that theaDity of Kodiak and several of the other cities and villages around the Island also pay a membership dues and felt that the Borough should perhaps pay only for the area outside of the cities. This could benefit both parties as would place the Borough in a laver base price range. It was suggested that the Borough should pick up the tab for the individual cities and villages' dues and have then apply on their an (the Borough Mould reimburse the amount paid by the villages and cities). The Assembly was in agreement that a letter should be written to the Municipal League stating that the Borough would pay for the area outside the City of Kodiak and the City would pay their share. If this is not acceptable to the League then Borough iIattership will probably be dropped. VI PUBLIC MAPLES - NONE VII PLANNING & =R G MIZE - NONE VIII CND BUSINESS Pace 2 It is anticipated that the cost to the Borough would be about $500,000 figuring the right - of-way costs and the construction of the collection system. The City .Manager asked that the annexation petitions be pushed and that the service district would be the next test thing if the annexation petitions failed The Borough Assembly was in agreement of the curse of action that would parallel the city's preparation of this project and that the Borough Engineer should proceed with this course of action. A. First Ordinance No. 71 -2 -0 - the Lands D 1 Ordinance, r in the Bor. Chairman. :;r. - •t or Ordinance 71 -2 -0, seconded by,11r. Jackson. The Borough Chairman the re- comerdations of the P &Z Commission suggesting that leasing procedures stipulate a re- appraisal every five years and that the purchase price would be the latest appraised price. Further that the sale teens be the same as those used by the State in that one parcel world be allowed to one individual. The P &Z Commission further recommended a restriction to be placed on the sale of the Bells Flats and Russian Creek Subdivision in that should the successful bidder not be the current resident and developer, the title would not be dyed until a period of five (5) years had elapsed. The last suggestion would have to be brought to the attention of the Attorney as it was though the nexium allowed by the State was either 120 or 190 days for removal of the improvements. In review of the proposed ordinance the negotiation of sale of lots would apply directly in cases similar to are encountered recently in that Borough arced property or improvements infringed Sn anther's property and negotiation between the two parties involved would best serve the interest of the community. Negotiations for sale of parcels five acres or less would be conducted with the consent of the Borough Assembly after review of the applications. The Borough Chairman did not recmme d the acceptance of the re- appraisal factor as many commercial ventures would be hesitatant to put money into developnand improvement of a lot eniy to have the purchase price to up every ars as a direct result of that development. It was further noted that there was a need for clarification of the team "commercial" After the discussion it was determined that several changes should be made in the proposed ordinance: (1) Inclusion of a Right to Assigns Clause (2) Definition of Commercial and residential and (3) Procedures for rear compliance or development after the three (3) and five (5) year periods. _J J "'l 0 1 n 1 S KIB AA4•SIDLY £R'LTING - JAi:UARY 7, 1971 Page 3 Mr. Arndt amended his motion to include passage with the changes as previously noted, with the approval of the second. The question was called for and motion passed by unanimous roll call vote. B. Letter from Chuck Powell Re Permanent Trailer Court Permit for Court #1, Spruce Cape Road, read by the Borough Chairman, stating that 1 r Powell was seeking a permanent trailer permit based on the report by the State Sanitarian and Boroug Engineer. It was noted that listing of the occupants of the court was attached ir. Jackson coved for approval of a permanent trailer court permit, seconded by idr. Arndt, question was called for and ration passed by unanimous roll call vote. C. Letter from Donald Erdman, requesting permanent Trailer Court Permit for Court on i4ill Bay Road, react by the Borough Chairman. A report from the State Sanitarian vas also read stating that considerable work had been done in upgrading this court. is. Arndt moved for approval of Permanent Trailer Court Permit, seconded by ='r. Jackson. The question vas called for and motion passel by unanimous roll call vote. D. Review of Lease Application, Royal Large, with recartnendatlon by Planning & Zoning. A short resume was given on this application, noting that the P &Z Commission upon review of the intended use have approved such a lease, further that there is a minimum of gravel potential. A Borough Barris/ Site Lease would cost the applicant $1200 per year plus fee for gravel taken in exoesse that covered by the rent. Under a regular lease the annual rental is 1 /10th of the appraised value. During the discussion it was pointed out that it would not be wise to issue a multiple use lease in a gravel source area for 1 /10th of the appraised value and have the lessee use gravel from the area to any great extant. The Borough Clerk read from the ordinance and noted that a stipulation could be made that only 100 square yards of gravel could be taken for the lessee's personal use without payment. i Arndt moved that a commercial- 4• lease be anted and that an .ate., -. to clause be added which charge the lessee or grave in excess the ease price, at the same price as normally paid for gravel, seconded by fu. Jackson. No objection: voice the notion was so passed. E. Opens Brasie re 55 -year Lease, letter read by the Borough Chairman in which 3 request was made for two tracts in the Russian Creek Subdivision to be with- drawn and that a plan for development would be submitted as soon as possible for lease of this area. .ir. Drasie was in the audience and advised the Aaaeobly that after consideration and after listening to the reading of the proposed lands disposal ordinancne, that he and his wife had decided that they world withdraw their request for a lease at this time and take their chances at the time of the sale. • F. Review of Lease Application Renewal - Kodiak Disposal Campanny, Inc., Paul Stov The letter from the applicant was read and noted that there were no objections to the renewal of this lease. . r. G. Review of Property Available for Sale by Borough - previously the Assembly had requested that the previous owner and improvements it any be noted on the property recovered through foreclosure procedures. The Assembly concus. sa. in proceeding as originally requested on the sale of this land. It was furthe requested that the Division of Lands be requested to re- appraise that land recovered by default of contract. Fos the information of the Borough Assembly, the Chairman noted that word has been received in the Borough Office of a possible injunction against the Belts Flats sale by KAiA; no action required on this matter at the present time. lir. Jackson felt that the :Borough should take into consideration that in the futhre additional land may be needed for widening of the road and it might be Wise to have same of this land in the Borough's possession.