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.