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