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05/19/1966 RMKODIAK ISLAND BOROUGH ASSEMBLY MEETING May 19, 1966 I Call to Order The meeting was called to order in the Magistrate's Courtroom, Donnelley Building, Kodiak, Alaska, by Presiding Officer Russell Wright at 7:50 p.m. II ROLL CALL Present Wilton White, Borough Chairman Russell Wright, Presiding Officer Fred Brechan Sven Haakansen Eldon Lester Also present: Borough Attorney Roy Madsen; Building Inspector Jim Stansbury; Sanitarian Harry Carter; Bcrcugh Secretary Sally Hendrix, taking minutes; and approximately 26 people in the audience. III MINUTES OF PREVIOUS MEETING - May 5, 1966 Minutes were not read, since copies were available to the Assembly and the audience. Mr. Lester moved to accept the minutes as received. Seconded by Mr. Brechan and carried by unanimous voice vote. IV OTHER MINUTES - School Board, April 18 and May 9, 1966 Mr. Lester moved that the minutes be mailed to the Assemblymen for information and that any required action be taken at the next meeting. Seconded by Mr. Brechan and carried by unanimous roll call vote. V COMMUNICATIONS - CORRESPONDENCE - PEOPLE TO BE HEARD VI PUBLIC HEARINGS Absent Mrs. Jo Hajdu A. Letter read from Mr. Joseph Fitzgerald, Chairman, Federal Field Committee for Development Planning in Alaska. Chairman reported that neither Mr. Fitzgerald nor his representative had been able to come to Kodiak, but that when a meeting is held with them, it will be reported on. B. Letter from T. T. Fuller concerning the hospital was not read since it had been published in the paper, and Assemblymen had read it previously. C. Chairman reported that the City precincts for the special election were being set up, and that the Clerk had delivered ballots to all villages except Karluk. A. Rezoning R2 to Business - Erskine Blk 9 Lots 115 -117, Paul T. Walls; Lots 89 -92, Elaine Banks (Cases 132 -A and 134 -A) Ordinance was read. Mr. Brechan moved for adoption of Ord. 66 -11 -0 in the second reading. Seconded by Mr. Lester. Public hearing opened. Mr. Madsen, speaking as a property owner, objected to the rezoning of Lots 115 -117 on Carolyn Avenue, since that was a residential street. Mr. Wallace questioned building plans. After further discussion, public hearing was closed and motion died by a tied roll call vote as follows: Yes - Brechan and Haakansen; No - Lester and Wright. Further discussion was held. Mr. Welsh and Mr. Wallace objected. Mr. Lester moved for adoption of Ord. 66 -11 -0 with the provision that the rezoning of Lots 115 -117 be stricken. Motion died for lack of a second. In further discussion, Mr. Gransbury, representing Mr. Walls, stated that the building would be a low one. Mr. Welsh still objected, and Mr. Wallace and the Christian Science Society stated they had no objections if the building plans were adhered to. Mr. Gransbury suggested omitting Lot 15 from the rezoning, and Mr. Wallace withdrew his objections Mr. Brechan moved that the ordinance be amended to exclude Lot 115 and that the ordinance be adopted as amended. Seconded by Mr. Lester and carried by roll call vote as follows: Yes - Brechan, Haakansen, Wright; No - Lester. Rezoning R2 to R3 - East Blk 30 Lots 15, 16, 17 - Louis Tani and Fred Brechan (Case 128 -B) Mr. Brechan disqualified himself. Ordinance was read. Mr. Lester moved for adoption of Ord. 66 -9 -0. Seconded by Mr. Haakansen. Public hearing opened. Mr. Eggemeyer presented a petition against the rezoning signed by various property owners in the area. Petition read. Mr. Perez spoke for the rezoning, and Mr. Jensen against. After further discussion, Mr. Madsen determined that in the case of objections by owners of 20 percent of the area abutting the property to ASSEMBLY MEETING - May 19, 1966 2 be rezoned, and within 300 feet of it, that an affirmative vote of all five Assembly members would be required. He stated that it would be necessary to determine the total land area of the abutting property owners who were objecting. Mr. Lester withdrew his motion with permission of Mr. Haakansen, and moved to table the case for decision at the next meeting. Seconded by Mr. Haakansen and carried by unanimous voice vote. C. Rezoning Ri to Business - Thorsheim Sub Lot 18 Sub Lots 1 -7; Rezoning R1 to R3 - Townsite Blk 15 Lot 1 - Stan Thorsheim (Case 131 -A) Ordinance was read. Mr. Brechan moved for adoption of Ord. 66 -10 -0 in the second reading. Seconded by Mr. Lester. Public hearing opened. Mr. Perez spoke in favor, and Rev. Bullock against the rezoning of Blk 15 Lot 1. Mr. Brechan moved to table the case. Motion died for lack of a second. Public hearing closed. Meeting recessed from 10:10 to 10:15 p.m. Mr. Brechan withdrew his original motion, with permission of his second. Mr. Brechan moved that the case be tabled so that the Chairman might study the objections, and report back at the next meeting.g Seconded by Mr. Lester and carried by unanimous voice vote. Mr. Thorsheim then requested that the ordinance be adopted with the deletion of Townsite Bik 15 Lot 1. Rev. Bullock expressed his approval. Mr. Brechan moved that Townsite Blk 15 Lot 1 be excluded from the ordinance and that the ordinance be adopted as such, the change having been requested by the property owner involved. Seconded by Mr. Lester and carried by unanimous roll call vote. VII PLANNING & ZONING ITEMS A. Exception - USS 3218, Tr. M - Leroy Wittich (Case 136 -B) VIII OLD BUSINESS 9 Application read. There was a discussion on the required number of feet away from the extended centerline of the present runway for a building to be erected. The minimum was decided to be 165 feet, which would place the building only 5 feet from the front property line, thus requiring a variance. Mr. Lester moved that a public hearing be scheduled for the next meeting on both the exception and the variance. Seconded by Mr. Brechan and carried unanimous by voice vote. A. Opinion from Borough Attorney on Exception Granted to L. A. Hopkins to construct a men's dormitory on Bik 1, Lots 7 & 8, Townsite, was read, advising that this exception is not valid. B. Rezoning from R2 to R3 - USS 444, Tr. C; Townsite Blk 1, Lots ]D, 12, 13, 17, 18, 19; USS 1995; and Alaska Game Reserve - Robert C. King and Assembly (Case 137 -A) - First Reading After a discussion among Assembly members, first reading was not held, since it was decided that it should be revised. Mr. Lester moved to table the ordinance and re -draft it after further discussion. Seconded by Mr. Brechan and carried by unanimous voice vote. C. Subdivision, USS 3218, Tr. D, Lots 1 & 2 - Leland Franklin (Case 130 -A) Case was reviewed and the resolution read. Letter was read from Borough Engineer refusing to sign plat until it had been re- surveyed. Mr. Best, representing Mr. Franklin, stated that he could find no reason to question the accuracy of the survey and that it closes mathematically. Mr. Lester moved for adoption of Resolution No. 66 -17 -R. Seconded by Mr. Brechan and carried by unanimous roll call vote. D. Subdivision USS 3100, Lot 18 - Marion Parker (Case 138 -A) - Adoption of Resolution Resolution read. Mr. Brechan moved for adoption of Resolution No. 66 -18 -R. Seconded by Mr. Lester and carried by unanimous roll call vote. O IX NEW BUSINESS 9 ASSEMBLY MEETING - May 19, 1966 3 E. Assembly Approval of Permit Fee Schedule Subject was discussed by Assembly members, Attorney Madsen, the Sanitarian and Building Inspector. Main objection to Mr. Stansbury's recommendations was that trailer parks should not be charged for every trailer each year. Assembly concurred that the recommendations should be re- written and submitted at the next meeting. A. Assembly Approval of Election Judges and Clerks List submitted by Clerk Sleness was read. Mr. Brechan moved for approval of the election judges and clerks as presented. Seconded by Mr. Lester and carried by unanimous voice vote. B. Relief on Taxes of Walter Shuravloff - Leite Addn, Bik 6, Lot 12 Discussion was held on desire of the Assembly to forgive Mr. Shuravloff's taxes because of his very old age. Mr. Lester moved that Mr. Shuravloff be taxed $1.00 on his property in Leite Addn, Blk 6, Lot 12, for the forthcoming levy. Seconded by Mr. Brechan and carried by unanimous roll call vote. X CHAIRMAN'S REPORT A. Borough Engineer Chairman reported that he had met with Mr. Barr and was awaiting Mr. Barr's opinion of the termination of the contract. After discussion among the Assembly members and Attorney Madsen, Mr. Brechan moved that the Chairman be requested to terminate Mr. Bares services as Borough Engineer in 30 days and write a letter carefully stating the reasons for the action. Seconded by Mr. Lester and carried by unanimous voice vote. B. Mr. Carter reported that a temporary use permit for one year from the Forestry Department had been obtained for the garbage dump at Ft. Abercrombie. This permit may be extended, if necessary, until the dump is full. Meanwhile, the work on Otmeloi Road, where the permanent dump is to be located, is to begin this summer. There is now full control of the garbage service to the City under a private contractor. The same will apply to service to the Borough provided they assume health powers at the special election. There is an entrance fee for private vehicles and specific hours when the dump is open. C. Mr. Stansbury reported that no work had yet been started on the improvement of Mr. T. T. Jackson's trailer court. Mr. Carter reported that Mr. Jackson had approached him concerning an extension of time on his improvements, since he (Mr. Jackson) was trying to obtain the patent to his property, which would enable him to proceed with the necessary work. XI ASSEMBLY COMMENTS Mr. Brechan spoke on the need for revision of the ordinance. Mr. Madsen reported that he had done some research on this matter, and found that the Kodiak Island Borough ordinance is very similar to several others he compared it with, both in Alaska and the States. Mr. Brechan suggested that it could be re- written more clearly than it stands now. Mr. White commented that he would like to have more responsibility at the administrative level. Mr. Madsen said that as the ordinance stands now, decisions cannot be handled by Staff. XII The meeting was adjourned at 12:20 a.m. S.B.H.