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01/20/1966 RMI Call to Order II Roll Call KODIAK ISLAND BOROUGH ASSEMBLY MEETING JANUARY 20, 1966 V Referrals from P &Z Commission The meeting was called to order in the Magistrate's Court Room, Donnelley Building, Kodiak, Alaska, by presiding officer Russell Wright at 7:40 p.m. on January 20, 1966. Present Wilton T. White, Borough Chairman Russell Wright, Presiding Officer Fred Brechan Jo Hajdu (Mrs.) Eldon Lester A. ASHA Development Plans - Re- zoning USS 2538 A & B C. Thorsheim Subdivision - Rezoning from R3 to Business Absent Mathey Fitzgerald Also present: Borough Clerk, W. A. Sleness; Borough Attorney, Roy Madsen; and approximately 15 people in the audience, including Mr. Harry Carter, Borough and City Sanitarian. III Minutes of the Assembly meeting of January 7, 1966, were read and approved without comment. IV Other Minutes A. P &Z meeting minutes of January 17 were read without comment. B. School Board meeting minutes of January 7 were read without comment. C. School Board meeting minutes of January 10 were read. Discussion was held on eubject of bond counsel and pending sale of bonds as reviewed in letter from Governmental Statistical Corporation. Action: Chairman to request Mr. Sassara to meet with Assembly on February 3 to discuss and negotiate basis for retainer contingent upon completion of work by bond counsel. P &Z action and recommendation to prepare ordinance for rezoning from Conservation to R3 was read. Plans submitted were perused. Mr. Brechan moved that the Attorney be directed to prepare the ordinance, seconded by Mrs. Hajdu. Motion carried unanimous on roll call vote and so ordered. B. Airpark Subdivision - Re- zoning (Case #100) Chairman reviewed background and recommendation of P &Z.Commission. Mrs. Hajdu moved, seconded by Mr. Lester, that an ordinance be prepared in accordance with recommendation of P &Z Commission, viz, portion of Airpark Subdivision, Lots 1 through 32, Block 5, from residential unclassified to commercial. Motion carried unanimous on roll call vote. After short discussion, Mr. Lester moved to have ordinance prepared. Seconded by Mr. Brechan. Carried unanimous on roll call vote and so ordered. VI Communications and Correspondence A. Ben Bolden Petition on Leite Addition read before the Assembly. No specific action taken. Petition will be retained on file for future information. VII Old Business A. W. E. Russell- Appeal - Board of Adjustment Upon motion of Mrs. Hajdu, seconded by Mr. Brechan, and carried unanimous by roll call vote, the Assembly Meeting was recessed in order to sit as Board of Adjust- ment to consider appeal of Mr. Russell on P &Z Commission denial of request for exceptions. There followed a complete review of Mr. Russell's case by the Chairman. A lengthy discussion on the matter followed. Participants in the discussion, in addition to Assembly members, included Mr. Russell, the Borough Clerk, Mr. Best from the audience, and others. Assembly Meeting 1 /20/66 Page 2 Concluding the discussion on the facts and documented timing of events, and the actions pertaining to Mr. Russell's construction and erection of his building, Mrs. Hajdu moved that the P &Z Commission's denial of an exception to the P &Z ordinance as applied for by Mr. Russell be reversed, and that the exception be granted. Motion seconded by Mr. Lester. Roll call vote on the motion as follows: For Mr. Wright Mr. Brechan Mrs. Hajdu Mr. Lester Motion carried. Exception granted and so ordered. Against Mr. Barr, Borough Engineer, speaking from the audience, then made a statement pertaining to Assembly action on Mr. Russell's case and spoke substantially as follows. Mr. Barr began his remarks by saying, "I believe by the action you just took you have eliminated essentially the entire subject of your zoning ordinance. You have essentially said that everyone that wants to violate the ordinances can go right ahead because if you can find any technicality that is wrong, you have a perfect right to go right ahead and open it up. This is essentially what you have said. . . I think that you can expect a complete demoralization of your planning and zoning commission from this." Mr. Barr commented further to the effect that he believed the P &Z Commission's past and future efforts could be considered a waste of their time. Mrs. Hajdu spoke in rebuttal to Mr. Barr's comments to the effect that she hoped the action of the Assembly would have the opposite effect of his opinion and "will bring to the attention of the Planning and Zoning Commission the necessity of following the prescribed procedures in order for us to take enforcement action." Chairman White then commented on Assembly action. Mr. White prefaced his remarks by stating that his views should be taken as being removed from Mr. Russell's case and as applying to the whole problem of enforcement of ordinances. That, "in effect, you have removed the effectiveness of the building ordinance and I will no longer attempt to enforce it." Mr. White went on to say that he assumed the Assembly wished the ordinance re- written in its entirety. Further, "because under the present system you've completely and effectively cancelled it, or at least compromised it to the point where, as Jim pointed out, why, it's subject to compromise by technicality." That, as the present ordinance now stood, "it is of no value until you completely re -write it." Mr. Lester then solicited the opinion of the Borcugh Attorney, Mr. Madsen, on the matter. Upon query by Mr. Lester, Borough Attorney Roy Madsen commented to the effect that in his opinion, the P &Z ordinance as written was still an effective and workable ordinance; that he believed procedures were now understood by Commission members and Borough Staff wherein anyone concerned knew what was required. And, that there would be times in the future again,gerhaps, when the decisions of P &Z would be overruled by the Assembly sitting as a board of adjustment. In substance, "that we are just getting 'our feet wet' in this planning and zoning and that we have a long way to go." There was a further short general discussion by Assembly members before moving back to status of regular meeting by order of the presiding officer. VII B. Ordinance 66 -1, Borough Lands - First Reading by the Chairman. Mr. Brechan moved for approval of first reading and that copies be made available, seconded by Mr. Lester. Motion carried unanimous by roll call vote and so ordered. Presiding officer called for recess at 10:10 p.m. Meeting reconvened at 10:18 p.m. C. Chris Berg, Building Permit Review This matter came before the Assembly for purpose of review of building permit as directed by action of the last Assembly meeting. Building permit documents were reviewed but no action was taken as this matter is on the P &Z agenda for public hearing on February 7, 1966. ) Assembly Meeting 1/20/66 Page 3 VII D. Harding Trailer Court Chairman read and reviewed sanitarian's report as directed by Assembly at last meeting. A short discussion was held on the subject. No action taken. Non - scheduled hearing of request by Mr. T. T. Jackson for Assembly approval of his application for patent. Approval by Assembly for land use as trailer court. Mr. Jackson provided copies of his application for patent to all Assembly members present. Mr. Jackson then explained briefly his reason for requesting Assembly approval. Upon query by Mrs. Hajdu on just what Mr. Jackson wanted Assembly approval on, Mr. Jackson explained that in his application for patent, he is required to submit Borough approval on use of these lands as a trailer court, these lands being specifically Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 16 in USS 3233. Mr. Jackson went on to say that his original application was for land use as residential and that Borough concurrence is now requested on change of use from residential to trailer court. A discussion followed concerning Mr. Jackson's permit for use of land as trailer court. Mrs. Hajdu moved that Mr. Jackson's request be referred to P &Z Commission. Motion died for lack of a second. After further discussion, Mr. Lester moved for Assembly concurrence on use of land as trailer court. Seconded by Mr. Brechan. Roil call vote on the motion as follows: For Against Mr. Wright Mrs. Hajdu Mr. Brechan Mr. Lester Motion carried and so ordered. VIII New Business: None IX A. Chairman introduced Mr. Harry Carter, Borough and City Sanitarian, with comment on the needs for a sanitarian. B. The Chairman then reported briefly on staff work done in connection with road needs of the local area. C. Chairman reported that minutes of Assembly meetings are now being furnished to outlying communities with favorable reactions. D. The matter of making more lands available and surveyed was also reported on. X Assembly Comments The status of hospital, health and sanitation was discussed briefly, as was the status of withdrawal of Borough boundaries. XI Adjournment The meeting was adjourned by order of the Presiding Officer at 11:05 p.m. I.A.S. TO: ALL DEPARTMENTS AND DIVISIONS FROM: BOROUGH CLERK SUBJ: ASSEMBLY MEETING OF JANUARY 20, 1966 Item Assembly Action IV -C School Board Minutes - Assembly requested that Mr. Sassara meet with them on February 3. V -A ASHA Development Plans. Attorney to prepare ordinance to rezone USS 2538 A &B from Conservation to R3. V -B Airpark Subdivision - Case #100 -C - Rezoning. Ordinance to be prepared to rezone portion of Airpark Sub, Lots 1 thru 32, Bik 1, from Residential Uncl. to Business. V -C Thorsheim Subdivision - Rezoning. Ordinance to be prepared rezoning Lot 18, Thorsheim Sub from R3 to Business. VI -A Ben Bolden - Petition. No action taken. be filed for future reference. VII -A W. E. Russell - Appeal - Board of Adjustment. Reversed recommendation of P &Z and approved exception. VII -B Ordinance 66 -1 - Borough Lands. Approved first reading. VII -C Chris Berg - building permit status reviewed. No action taken on petition for rezoning as same is scheduled for P &Z hearing on Feb. 7, 1966. VII -D Harding Trailer Court. Sanitarian's report read. No action taken. Non- scheduled hearing: T. T. Jackson Patent Applica- Clerk to advise Mr. Jackson by tion reviewed. Borough approval of land use letter and copy of minutes. as trailer court (USS 3233, Lots 1 thru 9, and Lot 16) VIII New Business - None IX X XI Chairman's Report Assembly Comments Adjournment KODIAK ISLAND BOROUGH ASSEMBLY ACTIONS SUMMARY W.A.S. Action Needed by Administration Clerk to direct letter to Mr. Sassara. Borough Attorney to prepare ordinance. Borough Attorney to prepare ordinance. Borough Attorney to prepare ordinance. To None required. Borough Clerk to advise appellant by letter and copy of minutes. Borough Clerk to make copies available to Assembly members. Clerk to schedule for P &Z hearing on 2/7/66. None required. None required. None required. None required.