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06/02/1969 RMBOUROUGH ASSE,t'1BLY ifITTTING -- JURE 2, 1969 2 C. Letter from Division of Lands on Time Extension, Len Grothe, 1st Addn Bik 1, Lots 5, 6, 7 & 0 and Bik 2, Lots 3 & 4. requesting the Assembly's recommendations on the time extension. The map was studied. iir. Barr moved that another six months extension be granted on this request, seconded by 11r. Arndt, Motion passed by unanimous roll call vote. D. Letter from Division of Lands on Time Extension, Samuel Selvog, Lot 4, U. S. Survey 3464, requesting approval of the 90 day extension. Mr Arndt moved that a 90 day extension be granted to i•Sr. Selvog, seconded by P1r. Darr, motion passed by unanimous roll call vote. E. Letter from Foster & Marshall re General Obligation School Ponds, suggesting that an election be held to have the maximum interest rate increase&from 6% to 8% on the school bonds. During the discussion it was pointed out that the bonds will probably not be sold before spring and that the fall election is plenty of time to have this increase of the maxha n interest rate on the ballot. Mt. Pete Deveau was present in the audience and stated that consideration and thought should be given to the fact that if the north slope oil sale is as big as anticipated the State might possibly take over the total funding of schools. There may well be a couple of years between the building of the school and the selling of the bonds. The Borough Chairman felt that the fall election is time enough to increase the interest rates and the Assembly concurred in submitting this to the Borough Attorney for work necessary to be placed on the fall election ballot. F. Letter of Resignation from the Clerk /Treasurer. The letter was read stating that the resignation was submitted due to fact Sally Hendrix would be leaving Kodiak. Mt. Barr moved that the resignation be accepted reluctantly, seconded by i'tr. Naughton, motion passed by unanimous roll call vote. H. Letter from Division of Lands re Bell's Flats Sale read stating that the Division of Lands needed to know whether the Borough desired to hold back any lots from the sale and whether or not the stipulation should be included in the brochure concerning improvements on the lots. This had been included in previous sales. Also the Division of Lands does not have facilities for escrow purposes so there- fore the money to be held in escrow would be turned over to the Borough. It was pointed out that previous correspondence had been received from Mr. Boyko approving in principle this suggestion. i4r. Naughton noted that Ht. Boyko is no longer the lawyer for KANA and at present no one has been appointed to this position. iMr. Barr moved that the Borough proceed with the sale of Bells Flats lots with the condition as recommended by Division of Lands regarding present improvements and that futLer the Borough establish an escrow account with 20% of the sale proceeds to be held in escrow pending the settlement of the native claims. Seconded by Mk. Arndt, motion passed with the following roll call vote: Mt. Arndt Yes; i ",r. Barr - les; Nir. Naughton - No; i'ir. Bullock - YES. I. Letter from Department of Commerce re the Annual OEDP REport, read stating that the report has been received and reviewed and indicates that sufficient progress has been made during the previous calendar year to continue approval of the overall economic development program. There is no action required on this letter. J. Letter from Department of Commerce stating that the annual review of all designated areas has been completed and on the basis of unemployment data recently received from the U. S. Department of Labor, the area now qualifies statistically as a re- development area. It will thus become eligible for all types of financial assistance provided by the Act ( Public Works and Economic Development Act of 1965) To retain this eligibility an annual must be submitted. VI PUBLIC HEARINGS A. 2nd Reading and Public Hearing, Ordinance 69- - -5---0 Amending Borrow Site Ordinance. The changes #1 through #4 were read by the Borough Chairman. Mr. Barr moved for the adoption of Ordinance 69 -8 -0 in the second reading, seconded by Mt. Arndt. The meeting was closed and the Public hearing opened. In the original ordinance it was noted that a section on the responsibility of the cross - section_ survey needed to be clarified. Does this responsibility belong to the Borough or the individual leasing the land? It was pointed out that this cross - section could be quite costly and further that if it was necessary to go to a new engineer each year it could easily run into the minimum amount for the lease. This ordirz.rce was modeled in part after the State ordinance; however it was pointed out by members of the audience that some sections would make the working of the borrow site almost impossible. Nhenever a State or FedeLal contract is obtained in any area a borrow site is furnished free of charge and therefore the individual could not compete with the State. If a person is allowed only 150 foot working face this means that in order to take several different sizes of aggregate one must first back fill and leave in a 2 to 1 slope before taking other aggregate. Perhaps we could have Borough Assembly Meeting -- June 2, 1969 3 the State charge for the aggregate and thereby give everyone an opportunity to compete. There was considerable discussion on the cross- section survey necessary to see how much aggregate has been processed during the period of a year. Further discussion on the time of year that this survey should be done. It was suggested that a certain amount could be charged per acre; pointed out that in reality this is what is being done, on twenty acres the fee of $1200 would be $60.00 per acre. Some felt that the flat rate should }fe charged and the price per cubic yard should be forgotten. Since there seemed to/many areas that needed further work it was suggested that a work session be set and that the public hearing on this ordinance would be continued at the next regular meeting, June 19th, 1969. The work session was set for Tuesday, June 10th, 7:30 p.m. at the Borough office and the people directly interested in these borrow sites would be contacted in order that they might attend. Mr. Jackson suggested that if it was in the best interest of the people perhaps a negotiated sale could be contracted. The public hearing was recessed until June 19 and the meeting was reconvened. B. 2nd Reading and Public hearing, Ordinance 69 -9 -0 approving loan of._ $00,000. The ordinance was read by title only and the Borough Chairman noted that this ordinance was a back -up for the emergency ordinance passed earlier as the emergency ordinanceSare effective only for sixty days. ISr. Barr moved for the adoption of Ordinance No. 69-9-0 in the second reading, seconded by Mr. Arndt. The meeting was closed and the Public Hearing opened. This was a s hort - -•term loAn_.ta pay for the full cost of the hospital, the Borough is then re- imbursed from the hill -- Harris funds. The public hearing was closed and the meeting reconvened. Motion passed by unanimous roll call vote. VII P &Z ITE;MS A. Earl Beater, Final Survey, Borrow Site Application. The final survey was studied. T his has been approved by phone by the Borough Engineer. The Engineer's recommendatioi is that a section be placed in the lease that would prohibit borrowing from the streams or stream banks. It was pointed out that tY All carry the stipulation that the lesseewill abide by all Fish &' Gam fIr. Barr stated that he would abstain from the voting and discussion of Mr. Deater4 and ir. Large's applications. ir. Arndt moved that the final survey of ir. Beater be accepted contingent upon the Engineer's signed approval on the plat, seconded by At. Naughton. A4otion passed by three affirmative votes - one abstaining. B. Royal Large, Final Survey, Borrow Site Application. Plat studied. M7r. Naughton Moved that the final survey be accepted contingent on the Borough Engineer signing the final plat, seconded by Tir. Arndt. Notion passed by roll call vote -- three votes - one abstaining. C. Wright & Welborn, final survey, Borrow Site Application. The plat was studied, Iir. Naughton moved that the Final survey of Flright & Welborn be accepted contingent upon the Borough Engineer signing the final plat, seconded by lir. Barr. Motion passed by unanimous roll call vote. D. Proposed Junk Yard Ordinance. The proposed ordinance was read. It was pointed out that previously it was suggested that there be a clean -up campaign started and the people themselves should be able to take care of the old cars and junk along the road without having an ordinance. however, there has been no evidence that there is any interest in this and no one has started a clean -up campaign. Ur. Barr suggested that under the section "storage and fencing" that a part should be added to fence from the view of road or right -of- way.' There were several people in the audience that were very much opposed to the drafting and passing of an ordinance governing the junk yards. The people further felt that everyone should take care of this on an individual pasis and that it would be very difficult to control and what to one person was 'junk'' could well be part of anther's business. The audience was divided almost in half, opposing and supporting the ordinance. It was pointed out that every year the City does have a clean- -up drive and that anyone desiring free pick --up has only to call and a truck will come around. However, many people do not bother doing this and it is only after threat of prosecution and a fine that people will get rid of much of the junk that has accumulated on the property over the years. After much discussion it was decided that the proposed ordinance will be drawn up and as tir. Barr suggested the addition will be made `under section on storage and fencing •. must be concealed from public view from public right,-of ways'.