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04/07/1966 RM! 1 3 KODIAK ISLAND BOROUGH ASSEMBLY MEETING April 7, 1966 I Call to Order The meeting was called to order in the Carpenter's Hall, Kodiak, Alaska, by Presiding Officer Russell Wright at 8:00 P.M. II Roll Call Present Wilton White, Borough Chairman Russell Wright, Presiding Officer Sven Haakansen Mrs. Jo Hajdu Eldon Lester VI Planning & Zoning Items Absent Fred Brechan Also present: Jim Stansbury, City /Borough Building Official and approximately 40 people in the audience. III Minutes of previous meeting, March 17, 1966, were perused individually. There were no additions or corrections. IV Other minutes - none V Cmmmunications - Correspondence - People to be Heard A. Memo from J. L. Stansbury re Borough Permit Fee Schedule was read. There was an objection from hha audience on paying a $10 fee for a trailer permit in addition to the personal property tax on trailers. The question was raised whether the fees would apply to trailers in locations inside the Borough in areas other than Kodiak. It was pointed out that the Ordinances apply to the entire Borough. Chairman White pointed out the necessity of issuing temporary trailer permits during the housing shortage. Mrs. Hajdu pointed out that the fee covers the inspections required by the Building Inspector and Sanitarian. Mr. Lester suggested that the fees be pro -rated according to when they are applied for. Mr. Best asked whether permits would be issued for entire trailer courts, or if separate permits would be required as each individual trailer is placed. Mr. Cornelius objected to the fees in that they would place too great a burden on the people in the other villages. A coastguardsman named Farrow spoke from the audience and stated that T. T. Jackson had promised him space in his trailer court, but that now the Borough would not permit additional trailers. After further discussion, Mrs. Hajdu stated that she had no objection to the use of an additional two spaces already approved by the Sanitarian, as long as no more promises would be made for spaces by Mr. Jackson. Another question was raised from the audience as to the legality of the $10 -per- trailer fees for trailer courts. Mr. Lester made a motion that the Building Inspector's recommendations be referred to the Borough Attorney for his opinion. Seconded by Mr. Haakensen. After further discussion, motion carried unanimously by roll call vote and was so ordered. A. Request for Trailer Park Permit on Portion of USS 3218 by Argo Corp. (Case #126 -A) Public Hearing Sam Best spoke for Argo Corp. and requested that any objections be raised so that they could be resolved add surveying and engineering work carried out. Mrs. Hajdu made a motion for acceptance of the preliminary plans. Seconded by Mr. Haakansen. After discussion on proposed sewer system, motion carried unanimously by roll call vote. B. Request for Variance on Leite Blk 7 Lot 5 by Roy Hendricks (Case 4,122 -A) - Public Hearing Mr. Hendricks was not present. Recommendation by Building Inspector was read. After some discussion, Mr. Lester made a motion that the variance requested by Mr. Hendricks be granted. Seconded by Mrs. Hajdu. Public hearing declared open. After various comments from the audience by Mr. Damery, Mrs. Strigga and Mr. Cornelius, Mr. Lester amended his motion to include that the variance be granted subject to approval by the City. Mrs. Hajdu yielded to the amendment. Motion carried unanimously by roll call vote. ASSEMBLY MEETING - April 7, 1966 2 C. Requests for 2 Exceptions, Retail Sales (Case #94 -B) and Apartments (Case #94 -C) on USS 3066 AB, Blk 2, Lot 2, by W. E, Russell After brief discussion of request for retail sales, Mrs. Hajdu made a motion that the question be deferred until a legal opinion is obtained from the Borough Attorney. Seconded by Mr. Haakansen. Mr. Breckburg objected to after - the -fact submittal of request by Mr. Russell. After further discussion, motion carried by unanimous voice vote. Mrs. Hajdu made a motion that the request for apartments be referred to the Borough Attorney. Seconded by Mr. Lester. Motion carried by unanimous voice vote. D. Request for Tentative Final Approval of Shahafka Acres Sbudivision, Portion USS 3218, Final Plat, by Argo Corp., pending construction of road (Case #121 -A) After some discussion, Mr. Lester made a motion for tentative final approval of the Shahafka Acres Subdivision, Portion USS 3218. Seconded by Mrs. Hajdu. Carried by unanimous roll call vote. E. Approval for Public Hearing and Advertising of Vacation and Replat of New Kodiak Subdivision Blk 3 (Case #112 -A) and Blk 10 (Case #111 -A) After brief discussion, Mr. Lester made a motion for approval for public hearing and advertising of vacation and replat of New Kodiak Sub Blk 3. Secodded by Mr. Haakansen and carried by unanimous roll call vote. Mr. Lester made a motion for approval for public hearing and advertising of vacation and replat of New Kodiak Sub Blk 10. Seconded by Mr. Haakansen and carried by unanimous roll call vote. Vacation (Case #128 -A) and Exception (Case #128 -B) to Build Apartment House in R2 Zone - East Blk 30, Lots 15, 16, 17 - Louis Iani and Fred Brechan Request read. Mrs. Hajdu suggested that the present R3 area be extended to include these lots add that the case be treated as a rezoning rather than an exception. Mr. Best, representing Mr. Iani and Mr. Brechan, asked that the request for an exception be changed to a request for a rezoning. Mrs. Hajdu made a motion that the requests for rezoning and vacation of East Blk 30 Lots 15, 16 and 17 be advertised and set for public hearing, and that the Forough Attorney be instructed to take the necessary action. Seconded by Mr. Lester and carried by unanimous roll call vote. G. Request for Exception to Build Men's Dormitory in R2 Zone - Townsite Blk 1, Lots 7 & 8 - L. A. Hopkins (Case #127 -A) Application was read. Mrs. Hajdu felt that it is the Assembly's responsibility to hold a public hearing on such an exception. Mr. Lester made a motion that a public heaping be held at the next regular Borough Assembly meeting, and that proper , tice be posted. Seconded by Mr. Haakansen and carried by unanimous void rote. H. Request for Rezoning Erskine Blk 9 Lots 115 -117, R2 to Business - Paul T. Walls (Case #132 -A) Application was read. Paul T. Walls was represented by Mr. Gransbury. After some discussion, action was deferred until Agenda Item VII -D was taken up. I. Request for Rezoning Thorsheim Sub Lot 18 Sub Lots 1 -7, R1 to Business; and Blk 15, Lot 1, R1 to R3 - Stan Thorsheim (Case #131 -A) Application was read. After discussion, Mrs. Hajdu made a motion that both requests be approved for inclusion in an ordinance, advertising, and public hearing. Seconded by Mr. Lester. Carried by unanimous voice vote. Meeting recessed for 10 minutes and reconvened at 10:35 p.m. ASSEMBLY MEETING - April 7, 1966 3 VII Old Business A. Rezoning R3 to R2, Townsite Blk 14, Dots 1 -6, Blk 19, Lots 16 -40 (Case #70) Public Hearing Case reviewed and ordinance read. Mr. Lester moved for adoption of Ord. 66 -6 -0. Seconded by Mrs. Hajdu. Public hearing declared open. Mr. Costello, owner of Lots 5 -9, Blk 14, spoke against rezoning of Lot 6 since he wishes to build apartments there. Mr. Saupe agreed to Lot 6 remaining R3 if remaining lots were rezoned to R2. Mrs. Kessler spoke against the rezoning since she wants to build apartments later. Mr. Cornelius, representing several people in the area, spoke in favor of the rezoning. After further discussion, public hearing was closed and motion was amended with concurrence of second to approve adoption of Ordinance with the deletion of Lot 6, Blk 14. Carried by roll call vote as follows: YES NO Mr. Wright Mr. Lester Mrs. Hajdu Mr. Haakansen B. Rezoning Clinic Property (Townsite Blk 8 Lot 1 and USS 444 Tract D) from R3 to Business (Case #71 -A) - Request withdrawn and ordinance cancelled. C.= Rezoning Townsite Blk 16 Lots 5 -8 and 12 -17 from R3 to Business (Case #101 -B) Second Reading and Public Hearing Ordinance was read. Mr. Lester moved for adoption of Ordinance 66 -7 -0. Seconded by Mrs. Hajdu. Public hearing declared open. Ken Brandenburg, speaking for ASHA, objected to rezoning since part of these lots will be included in Urban Renewal area. Rezoning to Business might affect the acquisition of these lots since the value of them might be higher if they were zoned business. Mrs. Springhill and Mr. Craig objected because they feared taxes would be raised. Mrs. Kessler, in favor of rezoning, objected to waiting for takeover by Urban Renewal. Mr. Best spoke of necessity of establishing a line between the Business and R3 areas. After considerable further discussion, public hearing was closed and motion defeated by unanimous roll call vote. Mr. Lester made a motion that the ordinance be rewritten to include only those lots presently cut in half by different zoning, specifically Lots 15 and 17. Seconded by Mrs. Hajdu and carried by unanimous voice vote. D. Appeal to P &Z Decision on Rezoning of Erskine Addn, Various Lots Blks 5 -9, from R2 to R3 (Case Nos. 1D and 1E) - Public Hearing and Board of Adjustment Notice of public hearing read. Public hearing declared open. Mr. Harry Wallace, Mr. Rohn Welch, and Mr. Harold Heglin spoke against rezoning. Mr. James C. Merves, Attorney, representing Chris Berg and those appealing, spoke for rezoning. Mrs. Hajdu brought out that there was a previous Attorney's opinion against spot zoning. Mr. Starbird stated that he thought some of the people for rezoning were already in violation of the ordinance. Mr. Gransbury spoke of advantage of rezoning Mr. Walls' lots to Business. Representative of Katluk Co. stated that they are in favor of rezoning. Jim Stansbury stated that violations of the ordinance do exist in the area. Mr. Wright spoke against rezoning. Public hearing was closed. Mr. Lester made a motion to grant the appeal for rezoning from R2 to R3 of the area described in the appeal. Seconded by Mrs. Hajdu. After further discussion, motion defeated by unanimous roll call vote. VI H. Request for Rezoning Erskine Blk 9 Lots 115 -117, R2 to Business - Paul T. Walls (Case #132 -A) After some discussion, Mr. Gransbury stated that the planned parking lot would provide a buffer between the residential area and the office building, and that the buf ling would not be high enough to block the view. After further discussion, tr. Lester made a motion to deny the request for rezoning. Motion died for lack of a second. Mrs. Hajdu made a motion to table this case. Seconded by Mr. Lester. Carried by unanimous voice vote. ASSEMBLY MEETING - April 7, 1966 4 VII E. Building Inspector's Request for Restraining Order on Chris Berg Apts, Erskine Addn Blk 9, Lots 105 and 106 (Case Nos. 1C and 1F) F. Re- Hearing of Wright & Welborn's Request for an Exception on USS 3218 (Case #93-B) G. Subdivision of USS 3100, Lot 14, by John Schreiner (Case 410 -A) - Approval of Harry Carter's Recommendation VIII New Business Request read. Mr. Merves requested that the Restraining Order be carried out in order for the case to come to court, since his party feels that the temporary exception granted by the P &Z Commission is a valid order. Matter dropped until later on the agenda. Recommendation from City read. Mr. Lester made a motion that the exception be granted with the provisions as recommended by the P &Z Commission. Seconded by Mrs. Hajdu. Carried unanimously by voice vote. Recommendation read. Mr. Lester made a motion that the subdivision be approved. Seconded by Mr. Haakansen. Mr. Best stated that other subdivisions have been disapproved because of lot size and that approval of this one would not be fair to those people, and that the ordinance should be adhered to and sanitary facilities provided or bond posted to insure that they are put in before approval. Otherwise purchasers would be required to put in sanitary facilities only if plat is so covenanted. Motion carried by voice vote with Mrs. Hajdu abstaining. B. Approval of Resolution on Final Plat of KEA Sub, USS 1995 (Case #124 -A) Resolution read. Mr. Lester moved for adoption. Seconded by Mrs Hajdu. Carried by unanimous roll call vote. A. Vacation and Replat of New Kodiak Sub Blks 2 (Case #95 -B) and Blk 4 (Case #109 -B) Public Hearing and Approval of Resolution Resolutions read. Mr. Lester made a motion for adoption of both resolutions. Seconded by Mr. Haakansen. Public hearing opened. Mr. Best explained necessity for vacation of old plats. Public hearing closed. Motion carried by unanimous roll call vote. VII E. Building Inspector's Request for Restraining Order on Chris Berg Apts, Erskine Addn Blk 9, Lets 105 and 106 (Case Nos. 1C and 1F) Mrs. Hajdu made a motion that the Borough Chairman be requested to direct the Borough Attorney to issue a restraining order for cease and desist on construction of Chris Berg apartments. Seconded by Mr. Lester. Carried by unanimous voice vote. IX Chairman's Report - None X Assembly Comments - None XI Meeting adjourned at 1:15 a.m. S.B.H. TO: ALL DEPARTMENTS AND DIVISIONS FROM:BOROUGH CLERK SUBJ:ASSEMBLY MEETING OF APRIL 7, 1966 Item Assembly Action V -A Building Inspector's recommendations re Borough permit fee schedule referred to Borough Attorney VI -A Argo Corp. trailer park preliminary plans approved VI -B Roy Hendricks' variance on Leite Blk 7 Lot 5 approved subject to approval of City VI -C W. E. Russell requests for exceptions for retail sales and apartments referred to Bor. Atty. VI -D Tentative final approval given to Shahafka Acres Sub USS 3218 VI -E New Kodiak Sub Blks 3 & 10 approved for public hearing and advertising of vacation and replat VI -F East Blk 30, Lots 15, 16, 17 approved for advertising and public hearing for vacation and rezoning from R2 to R3 VI -G Public hearing scheduled for next meeting on Hopkins request for exception, Twn Blk 1, Lots 7, 8 VI -H Deferred until later on agenda VI -I Stan Thorsheim's requests for rezoning in Thorsheim Sub approved for advertising and public hearing VII -A Ord. 66 -6 -0, rezoning of Twn Blk 14 Lots 1 -6 and Blk 19, Lots 16 -40 approved with deletion of Twn Blk 14 Lot 6 VII -B Rezoning of Clinic property. No action required. VII -C Requested Ord. 66 -7 -0, rezoning of Twn Blk 16 Lots 5 -8 and 12 -17 to be re- written to include only Lots 15 and 17 VII -D Appeal denied on rezoning of various lots Erskine Addn Blks 5 -9 from R2 to R3 VI -H Paul T. Walls request for rezoning of Erskine Blk 9 Lots 115 -117 from R2 to Business tabled until next meeting VII -E Deferred until later on agenda VII -F Wright & Welborn's request for exception on USS 3218 granted KODIAK ISLAND BOROUGH ASSEMBLY ACTION SUMMARY Action Needed by Administration Borough Attorney to render opinion None required Mr. Hendricks and City to be notified Borough Attorney to render opinion None required Staff to schedule advertising and public hearing. Borough Attorney to prepare resolutions. Staff to schedule advertising and public hearing. Attorney to prepare ordinance. Staff to send notices of public hearing Borough Attorney to prepare ordinance. Staff to schedule advertising and public hearing Borough Attorney to prepare amendment of ordinance. Borough Attorney to re -write ordinance Appellants to be notified of outcome Case to be scheduled for next meeting None required 0 s ASSEMBLY ACTION SUMMARY - April 7, 1966 2 Item Assembly Action Action Needed by Administration VII -G Harry Carter's recommendation on Borough Attorney to prepare resolution John Schreiner's Subdivision of for approval of final plat USS 3100 Lot 14 approved VIII -B Resolution No. 66 -12 -R on final plat KEA to be notified that plat is ready of KEA Sub, USS 1995, approved for recording VIII -A Resolution Nos. 66 -10 -R and 66 -11 -R ASHA to be notified on vacation and replat of New Kodiak Sub Blks 2 and 4 approved VII -E Borough Chairman requested to direct Borough Attorney to issue restraining order for cease and desist on construction of Chris Berg apartments Chairman and Attorney to follow through