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08/03/1967#) i KODIAK ISLAND BOROUGH ASSEMBLY MEETING - August 3, 1967 I CALL TO ORDER The meeting was called to order at 7 :45 p.m. in the Magistrate's Courtroom, Donnelley Building, Kodiak, Alaska, by Presiding Officer Lester. II ROLL CALL Present Wilton T. White, Borough Chairman Eldon Lester, Presiding Officer Donald Arndt James Barr Mrs. Jo Hajdu Norman Sutliff Also present: Jim Stansbury, Building Inspector; Roy Madsen, Attorney; Sally Hendrix, Secretary, taking minutes; and approx. 25 people in the audience. III MINUTES OF PREVIOUS MEETINGS Absent Doug Preston, Clerk (vacation) A. Regular Meeting - 7/29/67. There were no additions or corrections and minutes were approved as received. IV OTHER MINUTES A. P &Z Special Meeting - 7/17/67 B. P &Z, No Quorum - 7/26/67 C. P &Z Regular Meeting - 7/28/67 There were no comments. V COMMUNICATIONS - CORRESPONDENCE - PEOPLE TO BE HEARD A. Mr. Henley re Cutting of Timber on Lease. Letter from Area Forester requesting Borough approval of Mr. Henley's request was read. Mr. Henley explained that he would have to clear some timber to be able to use his lots at all. After some discussion, Mrs. Hajdu made a motion, seconded by Mr.Arndt, that Mr. Henley's request to obtain permission to saw timber on his lease for his own use or for resale be granted. Motion carried by unanimous voice vote. The Borough will so advise the Area Forester. Mr. Henley also stated that a Japanese firm is interested in timber in the Chiniak area. A representative will be here at the end of August to determine if there is enough timber available to interest them. Mr. Henley will bring this matter before the Assembly again if an offer is received from the Japanese firm. There was also some discussion about the proposed timbering on Afognak. Mr. White stated that Kodiak is concerned about protecting the streams in that area, and so forth. Mrs. Hajdu stated that she had attended the meeting held with the Forestry Service, and a resolution was passed that the local community be informed as to these plans. B. Recommendation from P &Z re Pillar Creek Gravel Sale. Recommendation that gravel sale be denied and area set aside for recreation purposes instead was read. Mr. Barr suggested that the gravel sale at least be held up until a determina- tion is made on the area under the Comprehensive Plan. He felt that if the area is determined undesirable for a gravel sale, that the State site which is already there should be asked to leave. Mrs. Hajdu suggested that the State be advised to postpone this sale. Mr. Barr moved, seconded by Mrs. Hajdu, that the State Division of Lands be informed that the Borough Assembly stands opposed to the Pillar Creek gravel sale at this time and recommends that immediate needs be taken from Bells Flats. Motion carried by unanimous voice vote. VI PUBLIC HEARINGS A. Ordinance 67 -11 -0 Amending Penalty for Non - Filing and Payment of Personal Prop- erty Taxes. Mr. Barr made a motion, seconded by Mr. Sutliff, that the ordinance be adopted. The meeting was recessed and the public hearing opened. Mr. Jackson asked that the ordinance be explained. Mr. White stated that its purpose was to set a penalty for those people living inside the City Limits who do not file on their personal property tax. The Borough Code previously provided a penalty for those living outside of the City. A question was raised as to whether people living on Federal land were exempt from taxes. It was explained that only those living within a Military Reserve are tax exempt. All others AS.Y l'ING i - Augut3 1367 2 living within the confines of the Borough, whether or not the land has been selected by the Borough, must pay taxes. There were no further comments and the hearing was closed and meeting reconvened. Motion carried by unanimous roll call vote. B. Ordinance 67 -15 -0 Approving 1967 -••68 Budget. The ordinance was read. It was pointed out that the supplementary budget had been eliminated from the ordinance in error. Mr. Madsen suggested that the ordinance be amended to include the supplementary budget and re- advertised for public hearing at the next meeting. The figures in the supplementary budget were read by Mrs. Hajdu. Mrs. Hajdu moved, seconded by Mr. Barr, that the ordinance be amended to include the supplementary budget. Motion carried by unanimous voice vote. C. Ordinance 67 -12 -0 Rezoning Lots 1 & 20, Block 2, Leite Addition from R -1 to Business Requested by Max Therkelsen (Case 102- - -D). The ordinance was read. A letter of objection from the nearby property owners was perused by the Assembly. Mrs. Hajdu moved, seconded by Mr. Arndt, that the ordinance be adopted. The meeting was recessed and public hearing opened. Mr. Youngblood, Mr. Beukers, and Mr. Bolden spoke against the rezoning. They feel that the area should remain completely residential and complained of the nuisances caused by the businesses there. Mr. Bolden thought that this would be spot zoning. Mrs. Therkelsen stated that she understood it would not be considered spot zoning. There were no further comments and the hearing was closed and meeting reconvened. Mr. Madsen stated that taking into consideration the area and the previous use of the property, this would not be considered spot zoning. Mr. Barr stated that a precedent had been set when the Assembly was firm in denying Mr. Holman permission to rebuild. He pointed out that the ordinance had been written so that as businesses fall into disuse, they may not be re- established so that the area will finally become residential. After further discussion, motion was defeated by unanimous roll call vote. D. Ordinance 67-13-0 Rezoning Lots 4 - -8, Block 33, East Addition, and Lots i•6, 11, 20-28 of Block 1, Townsite Addition from Industrial to Business - Request by Property Owners and P &Z (Case 117. -C). The ordinance was read. Mr. Sutliff moved, seconded by Mrs. Hajdu, that the ordinance be adopted. The meeting was recessed and public hearing opened. Mr. Fuller stated that since he submitted the petition of request, several others had asked to join in. He also pointed out that the lots were not large enough to allow for the setbacks required in industrial zones, but Mr. Barr stated that as long as industries were cannery oriented, setback requirements were less. There were no other comments and the hearing was closed and meeting reconvened. After brief discussion by the Assembly, motion carried by unanimous roll call vote. E. Ordinance 67 -14 -0 Rezoning Part of USS 1396 from Unclassified to Business --- Re. uested by Baranof Hei • is Inc. (Case 178-A). The ordinance was read and map studied. It was pointed out that this area was contiguous to a business zone and near other businesses. Mrs. Hajdu moved, seconded by Mr. Arndt, that the ordinance be adopted. Mrs. Hajdu stated that the area has businesses on both sides and that it is logical to officially rezone it. Mr. Barr did not feel that this is a good area for business and did not think it wise to expand the business area. The meeting was recessed and public hearing opened. There were no comments from the audience and hearing was closed and meeting reconvened. Motion carried by roll call vote as follows: Mr. Barr - No Mr. Sutliff - No; Mr. Arndt -- Yes; Mrs. Hajdu w. Yes, Mr. Lester - Yes. VII PLANNING & ZONING ITEMS A. Recommendation from P &Z re Permanent Designation of Streets. The recommendation that the suggested names be used for new streets in future subdivisions was read. The Assembly concurred with this recommendation. B. Request for Extension of Time to Complete Utilities or Post Bond for Final Plat of Island Bay Subdivision, USS 3469, Units 1-4 Karluk Land Co. (Case 108 -B). It was reported that the State had extended the deadline for payment of the land to August 8. A representative of Karluk Land Co. is to come to Kodiak by that date to discuss their plans for the land with the Borough. It was suggested that the plat be given a temporary extension until it was determined whether the payment had been made. After further discussion, Mr. Barr moved, seconded by Mr. Arndt, that a temporary extension until August 9, 1967, be granted, and that an attempt be made to arrange a meeting with representatives of the Karluk Land Co. prior to that date. Motion carried by unanimous voice vote. ASS IB MELT'II iG 1 August 3 11 9 a 1 / 3 C. Resolution 67• -21-R Approving Final Plat of Subdivision, USS 3098, Lots 17A and 17B - Clinton Rosengren (Case 46 -A). The resolution was read and plat studied. Mrs. Hajdu moved, seconded by Mr. Arndt, that the resolution be adopted. Motion carried by unanimous roll call vote. D. Resolution 67- -22 -•R Approving Final Plat of Subdivision Erskine Subdivision, Block 7, Lots 54, 55, and 153 Neil Sargent (Case 1•-G3. The resolution was read and plat studied. Mr. Sutliff moved, seconded by Mrs. Hajdu, that the resolution be adopted. Motion carried by unanimous roll call vote. E. Recommendation from P &Z re Request for Rezoning from Industrial and Unclassified to R-2, Part of Tract R, USS 3218 (Kilarney Hills Subdivision) •- St. Mary's Catholic Church (Case 126 -D). The recommendation was read and map studied. After some discussion, Mrs. Hajdu moved to follow the recommendation of the Planning & Zoning Commission and ask the Attorney to draw up an ordinance for a rezoning as requested. Motion seconded by Mr. Arndt and carried by unanimous voice vote. VIII OLD BUSINESS A. Resolution 67- 23 - - -R Authorizing Annexation of Hospital Property. The resolution was read. Mr. White stated that the water and sewer problems had been discussed with the Engineer from Tryck, Nyman and Hayes and that his recommendation was awaited. Mr. Madsen explained that the previous annexation procedure had been found invalid due to incorrect advertising, but that since only two property owners were involved who are both in favor of iie annexation, the Borough and the Baptist Mission, that the City can accomplish the annexation by ordinance. Mr. Sutliff moved, seconded by Mr. Barr, that the resolution be adopted. Mrs. Hajdu stated that she thought the City should state in the ordinance their intent of putting water and sewer into the area. Mr. White did not feel that this was necessary. Mr. Barr stated that he could not understand why the City would not wish to formalize these plans, since it was their intention to carry them out. After considerable discussion on this matter, motion carried by unanimous roll call vote. B. Authorization of Tax Adjustments. Memo from Dolly Hansen, Cashier/Bookkeeper, was read requesting that the adjustments presented be approved. Reasons for adjustments were unable to locate individuals, Military exemptions incorrectly taxed, people now deceased, and that the individuals taxed have never owned the property. Mr. Sutliff made a motion, seconded by Mr. Arndt, that the tax adjustments be authorized for the auditor and that they be listed and attached to the minutes. The list was then reviewed item by item and found to be correct. Motion carried by unanimous voice vote. C. Setting of Special Meeting re Borough Manager, Roads, Recreation Areas and Fire Protection. After brief discussion, Wednesday, August 9, was set as a date for a work session to discuss these matters. IX NEW BUSINESS A. Authorization of Order for New Safe. Mr. White explained that this was not necessary since the safe was in the budget. It is needed for tax records and because the present safe has become too small. B. Forgiveness of Taxes for Walter Shuravaloff, Leite Addition Block 6. Lot 12. The Assessor's recommendation that these taxes be forgiven was read. Mrs. Hajdu made a motion, seconded by Mr. Arndt, that the Assessor's recommendation be adopted. Mr. Barr questioned whether in such cases there would be a way for such individuals to be forgiven their taxes during their lifetime, but later a lien filed for back taxes, since the State holds a lien on the property. Mr. Barr moved, seconded by Mrs. Hajdu, to table action on the original motion to permit further study. Motion carried by unanimous voice vote. In the meantime, Mr. Shuravaloff is to be informed that he will not have to pay these taxes. X CHAIRMAN'S REPORT -- None V C. Mr. Jackson re Trailer Court. Mr. Jackson asked why the Assembly did not wish to lift the restriction of having the court closed by attrition, since the Sanitarian had reported favorably on the court, and had tested the sewer system and found nothing wrong. Also he has met the four requirements previously set by the Assembly. All the trailers not on the main sewer system have been either removed or vacated except two which are on septic tanks which the Sanitarian says are satisfactory. Mr. Jackson stated he hadn't yet gotten to the second fire plug, but that one was working and the Fire Chief said that there is adequate fire protection since this connection is within 400 feet of all the trailers. i4r. Jackson said the Trailer Park Ordinance does not require ASSE iBL HEITEIG •4 August') 3,419a11 ! 4 two fire plugs. He also said that the Borough Engineer has a set of plans for the court. He said that the reports of the Building Inspector and the Sanitarian are conflicting. After considerable discussion, it was decided that the Court should be inspected by the Borough Engineer and a report written by him. If the requirements of the ordinance have been met, then a permanent permit can be issued. It was pointed out that the Sanitarian has to be out of town very frequently on cannery inspections. Mr. White said that attempts were still being made to obtain a seafood sanitarian. XI ASSEMBLY COMMENTS A. Procedure. The attorney was questioned on various procedures of voting, etc. He determined that the Alaska Statutes require the final vote on ordinances and resolutions to be accomplished by roll call, and in order to pass must be voted on favorably by a majority of the Assembly which is three members. The method and purpose of a weighted vote by the City Councilmen was explained. The Borough Chairman has veto powers which he could exercise on an ordinance any time during the thirty days it takes for it to become effective. He could veto a resolution by not signing it. The Chairman's veto could be overruled by a 2/3 vote of all the votes permitted the Assembly. A tie vote would not pass any action except the first reading of an ordinance. B. Proposed Annexations to City. Mr. Barr stated that he was concerned about friction arising between the City and Borough because of the proposed annexations. He feels that an impression is being created that the City is trying to push annexation down everyone's throat. Everyone makes their living from the City and must wake up to the fact that the areas inside and outside the City Limits are one community. He would like a study to be made on the annexations and a presentation be made from both sides. Mr. White stated that the ideal way for Kodiak to progress would be as one community. In order to project plans for utilities, it must be decided first which areas are going to be annexed. Otherwise the City can only plan for the areas they now have, and installing utilities in the other areas would then be much more expensive. He felt that everyone should stop bickering and start working together progressively. IIe pointed out, as an example, that no discussions were held on the water problem, and again it has run out Illr. White said that he does not like the attitude of those who demand that the City put all of their plans in writing after which they will decide whether to be annexed or not. He understands that there are some people who would prefer not to come into the City, for various reasons, and he does not think the City should force them in, but he does not feel that the Community can develop if the two groups are going to be at each other's throats. He feels that positive steps must be taken in order to get the water problem and other problems solved, £.rd that if action is postponed until detailed plans are made, nothing will ever get accomplished. He does not feel that assessments to individuals for utilities is a good way to solve the problem. Mrs. Hajdu felt that these matters should be discussed -- -when the utilities will be installed and for how much. She did not think that the annexation should have been advertised by metes and bounds description only, since it was impossible for a layman to tell from this what area was involved. She said she attempted to find out the area and was unable to do so. She further stated that the annexation petition had been signed by Mr. White as Borough Chairman although it had not been discussed in an Assembly meeting. She feels that if the new water system is going to be assessed to the individuals who purchase the lots in the Monashka Bay Subdivision, the people should be so informed. Or, if the system is going to be paid for by the people living inside the City, they should know about it. She felt that the City was attempting to railroad this annexation through. She stated that the people feel that fire protection for outside of the City has been withdrawn in order to force them to come into the City. She said that she herself would not be adverse to coming into the City when plans have been made for installation of utilities, fire protection, etc. She said that she realizes that annexation must take place, but it should not be done in a way that will antagonize people, although of course there will always be some people who will remain against it. Mr. Barr said that it must be decided in what direction Kodiak is going. He felt that the Assembly has been spending too much time on individual problems instead of those which are of concern to the whole community. He did not think that it would be wise to proceed with annexation until a comprehensive annexation plan is ready - -for annexation either step by step or in one lump. After further discussion, Hrs. Hajdu moved that the Assembly go on record as being opposed to the annexation of the Monashka Bay Subdivision until such time as it can be studied and discussed. Mr. Barr stated that he would prefer a more positive motion. He also stated that he feared if this annexation went ASSEMBLY MEETING - August 3, 1967 5 through, there may be trouble trying to annex other areas. Mr. White stated that if the motion was passed, he would resign as Borough Chairman. He objected to voting without 1`Jr. Sutliff present (Mr. Sutliff had left during the discussion). The motion was finally seconded by Mr. Arndt. Mr. Lester said he couldn't understand why the Borough was getting involved in the City's annexation. He said the only way that the City can plan for an area is when it is inside the City limits. He said that if annexation isn't accomplished, we will end up with two cities here. He said that he did not feel that the City or anyone was trying to pull wool over anyone's eyes. After further discussion, Mr. Barr asked that the motion be amended to include that an immediate study be started to plan an organized annexation to the City, beginning at the special meeting on August 9. Pars. Hajdu and her second Mr. Arndt, concurred. Motion carried by roll call vote as follows: Mr. Lester No Mr. Arndt -- Yes Mrs. Hajdu Yes, Mr. Barr Yes Mr. Sutliff not present. A lady in the audience stated that she had attempted to find out about the annexation because she didn't know what was best, but that she had been unable to obtain any information. 1Vr. White agreed that it was necessary to make available good, impartial, factual information. Another lady in the audience suggested that a committee be formed to compile this information. A man said that annexation should be accomplished in logical order and that Spruce Cape would be the next logical area since it is the most feasible to provide the necessary services there. XII ADJOURNMENT The meeting adjourned at 12 :15 a.m. ATPEST: APPROVED: i-k) t-- I W Clerk/Treasurer Wilton T. White, Borough Chairman TO Kodial) Is ar Bo oulh Asse ly SUBJECT• Personal Property Adjustments DATE 9 FROM KODIAK ISLAND BOROUGH P. O. BOX 1246 KODIAK, ALASKA 99615 DATE .August 3, 1967 FOLD+ I am submitting, for your approval, personal property tax adjustments totaling $1,172.64. The reason for the majority of the adjustments is "Unable to Locate ". Many of them live inside the city and were placed on the Borough tax roll. Other reasons are "Military ", "Deceased ", and the individual taxed has never owned the property taxed. Sources of information are as follows: Our card file, 1967 Auto Registration list, Kodiak Telephone book, Kodiak Directory, and Personal contac t. PLEASE REPLY TO -30 SIGNED SIGNED RETURN THIS COPY TO SENDER KIB Cashier /Bookkeeper ACCT. NO. S1040 S0658 S0595 98494 -005 S0914 98895 -002 S0676 S0733 98379 -002 98148 -002 S0625 S0740 98544 -005 98578 -004 98544 -004 $0707 S1039 S1185 S0893 S1189 S0699 98467 -005 98297 -003 S1210 51209 51167 51166 S1161 S1124 P SIAL,PRQPERTY ADJUSTMENTS ASSEMBLY 8/3/67 NAME Rohwer, John C. Devaney, Max L. Cain, Byron L. King, Robert C. Moore, Dale & JoAnne Valley, Dalmond & Ant Durall, Herman Gladding, George Huey, Dennis J. Clymer, Chester & Josephine Contos, Dorothy Gutter, George Malutin, Moses Monroe, James A. Malutin, John R. Finley, Lawrence Rogers, William J. Wagell, William Massman, Audrey M. Wilson, Hubert Fabrizio, Richard Johansen, Willard Furfiord, Roy Unknown Unknown Walker, D.D &Mable Walker, D.D & Delores A. Waage, Clarence S. Swerdfeger, Philip M. AMOUNT YEAR .86 S1966 30.18 1966S 23.19 1966S 5.85 1965 30.40 1966S 37.34 1966 1.95 1966S 4.37 1966S 2.93 1965 16.25 1965 2.18 1966S 4.37 1966S 5.20 1964 10.73 1964 9.75 1965 8.74 1966S 11.80 1966S 39.39 1966S 5.67 1966S 28.44 16S 35.01 1966S 5.53 1965 390.00 1965 37.20 1966S 37.20 1966S 1.17 1966S 6.99 1966S 3.27 1966S 5.67 1966S '1 4 1 1 �ry S1087' Smith, Gerrell 39.39 1966S S1077 Sims, D.F & Frances M. 7.87 1966S S1038 Rogers, Ben C. 4.80 1966S S1020 Rauk, Berland 4.37 1966S S1010 Powers, David W. 1.08 1966S S0983 Pearson, Wayne S. 6.99 1966S S0913 Mooney, Dennis E. 11.15 1966S S0905 Mills, Rice 32.83 1966S S0887 Malaspina Fisheries 85.35 1966S S0870 McCarthy,D. F. 7.87 1966S S0867 Lovold, Ole 2.62 1966S S0815 Kallwett, George 2.18 1966S S0809 Johnson, William 6.56 1966S S0807 Johnson, Ralph L. 9.61 1966S S0806 Johnson, Fr. John W. 3.27 1966S S0786 Howard, Don A. 6.11 1966S S0775 Hicks, Fred H. 13.13 1966S S0771 Henrichs, N. 9.18 1966S S0731 Gingrich, David E. 8.30 1966S S0711 Fischer, Lola 35.01 1966S S0701 Fathke, Colleen 5.67 1966S S0695 Erwin, Josephine 1.08 1966S S0692 Erickson, Arlo E. 6.99 1966S S0630 Copeland, Edith H. 7.87 1966S S0599 Campbell, Shelby D. .86 1966S S0580 Browning, D.P. 6.99 1966S S0567 Boyd, James 3.92 1966S S0555 Bliss, John S. 6.11 1966S 50530 Bailey, Jr. D.T. 9.23 1966S S0524 Arnold, Dan C. 11.52 1966S 5510 S0648 S0682 4 Anderson, Donald Davidson, Howard L. Edsall, Howard 7.87 1966S 4.37 1966S .86 1966S