06/02/1966 RMKODIAK ISLAND BOROUGH ASSEMBLY MEETING
June 2, 1966
I CALL TO ORDER
The meeting was called to order in the Magistrate's Courtroom, Donnelley Building,
Kodiak, Alaka, by Presiding Officer Russell Wright at 7:50 p.m.
II ROLL CALL
Present Absent
Wilton White, Borough Chairman None
Russell Wright, Presiding Officer
Fred Brechan
Sven Haakansen
Mrs. Jo Hajdu
Eldon Lester
Also Present: Borough Clerk Wally Sleness; Borough Attorney Roy Madsen; Building
Inspector Jim Stansbury; Sanitarian Harry Carter Borough Secretary
Sally Hendrix, taking minutes, and approximatley 25 people in audienc4
III MINUTES OF PREVIOUS MEETING - May 19, 1966
Minutes not read, since copies were available to everyone. There were no comments,
and minutes were declared approved as received.
IV OTHER MINUTES - B.O.E. May 18 and May 19, 1966
Minutes not read, since copies were available to everyone. There were no comments,
and minutes were declared approved as received.
V COMMUNICATIONS - CORRESPONDENCE - PEOPLE TO BE HEARD
A. Memo from Harry Carter, Sanitarian, submitting his resignation, was read. Chairman
White stated that there is a possibility the Borough and CIty may be able to
obtain the services of a sanitarian which may be supplied by the State, but that
there would probably be a vacancy between the time Mr. Carter leaves and a new
sanitarian would be available. He stated that Mr. Carter's resignation will be
accepted without prejudice as submitted.
B. Letter from F. J. Keenan, State Division of Lands, was read cc7- ""g the land
management egreement between the Borough and the State, which is now in effect,
and enclosing a copy of the agreement.
C. Letter from Dale Tubbs, Area Forester, was read concerning vandalism at Ft.
Abercrombie. Chairman White said he would discuss the matter with the State
Trooper and the Department of Safety. Mrs. Hajdu suggested that an agreement
be made with the City to obtain aid from their police officers, since there is
a growing demand for more policemen. She also suggested a formal agreement with
the City for fire protection outside the City limits. Chairman commented in favor
of more cooperation between the City and Borough.
D. Copy of letter from Roscoe Bell, Division of Lands, and James Scott, BLM, were
read concerning release of watershed land for z ,idential building purposes.
VI PLANNING & ZONING ITEMS
A. Subdivision USS 3462 ( Oceanview Addn to Miller Point Subdivision) - Alaska State
Division of Lards (Case 141 -A)
B. Subdivision USS 3462 and 3463 (First Addn to Miller Point Subdivision) (Case 142 -A)
C. Subdivision USS 3512 (First Addn to Kadiak Subdivision) (Case 140 -A)
Claud., Hoffman, Ken :Iallback, and Dave Crosby of the State Division of Lands
were present to answer questions on the preliminary plats of the three subdivi-
sions. Following discussion, Mr. Brechan moved for approval of the preliminary
plat of the Subdivision of USS 3462 (Oceanview Addn to Miller Point Subdivision),
Case 141 -A. Seconded by Mrs. Hajdu and carried by unanimous voice vote. Mr.
Lester moved for approval of the preliminary plat of the subdivision of USS 3462
and 3463 (First Addn to Miller Point Subdivision), Case 142 -A. Seconded by Mr.
Brechan and carried by unanimous voice vote. Mrs. Hajdu moved for approval of
the preliminary plat of the subdivision of USS 3512 (First Addn to Kadiak
Subdivision), Case 140 -A. Seconded by Mr. Lester and carried by unanimous voice vot
Mr. Hoffman also reported that Mr. Steen of the Department of Highways would
cooperate with tha Division of Lands in planning for disposal of the land on
the Otmeloi Point I: ad before the road is actually constructed.
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ASSEMBLY MEETING - June 2, 1966 2
V E. Ratification of Special Election Results
Memo from Clerk giving election results, and Resolution 66 -19 -R ratifying the
results were read. Mrs. Hajdu moved for adoption of Resolution 66 -19 -R.
Seconded by Mr. Brechan and carried by unanimous roll call vote.
F. Assessor's Certification of BOE Minutes and Total Assessed Value of Borough
Certification was read. Mrs. Hajdu moved for acceptance of the valuation
as submitted by the Assessor. Seconded by Mr. Haakansen and carried by
unanimous roll call vote.
VI D. Request for Rezoning, Townsite Blk 15, Ri to R3 - Stan Thorsheim (Case 139 -A)
Mrs. Hajdu commented that this would be spot zoning, since there is no other
R3 zoning surrounding the property. Mr. Madsen agreed. Mr. Lester moved
that an ordinance be prepared for the rezoning. Seconded by Mr. Brechan.
Mrs. Hajdu pointed out that there would be no advantage in preparing the
ordinance if there was doubt that it would be passed. Mr. Thorsheim suggested
that the preperty be rezoned as Business, rather than R3, in which case it
would not be spot zoning. Mr. Lester withdrew his motion, with Mr. Brechan's
consent. Mr. Brechan moved that the case be tabled until a formal request
for rezoning to Business was submitted by Mr. Thorsheim. Seconded by Mrs.
Hajdu and carried by unanimous voice vote.
VII PUBLIC HEARINGS
A. Exception and Variance, USS 3218, Tr. M, Lot 2 - Leroy Wittich (Case 136 -B)
Mrs. Hajdu moved for approval of the exception and variance. Seconded by Mr.
Lester. Public hearing was held with no comments from the audience. Motion
carried by unanimous roll call vote.
Vacation of First Avenue, East Addn Blk 30 Lots 15, 16, 17 - Louis Tani and
Fred Brechan (Case 128 -A)
Case was reviewed. Mrs. Hajdu moved for acceptance of the vacation. Seconded
by Mr. Haakansen. Public hearing was held with no comments from the audience.
Motion carried by unanimous roll call vote.
VIII OLD BUSINESS
Rezoning East Addn Blk 30, Lots 15 -17, R2 to R3 - Louis Iani and Fred Brechan
(Case 128 -B)
There was considerable discussion on whether governmental agencies owning
property should or should not have a voice in approving of or objecting to
rezoning of property. Mr. Madsen felt that governmental agencies should not
have a voice, but that non -tax paying private agencies should have. Mrs. Hajdu
and Mr. Wright felt that since the City had voiced objections to zoning matters
in the past, they should also have a voice in being in favor of them. There
was also discussion on which group of property owners, by objecting to a rezoning
could require a favorable vote of all five members of the Assembly- -those within
300 feet of the exterior boundaries of the property involved, or only those
abutting the involved property, or separated therefrom by a street or alley.
Mr. Madsen was of the former opinion, and a lawyer retained by Mr. Brechan was
of the latter opinion. Finally, Mr. Lester moved for adoption of Ordinance
66 -9 -0, approving the rezoning. Mrs. Hajdu seconded. After further discussion,
Mrs. Hajdu requested that a policy be determined on whether governmental agencies
should have a voice in such matters or not. The roll was called, and Mr. Wright,
Mrs. Hajdu, Mr. Brechan and Mr. Lester were in favor of governmental agencies
having a voice, and Mr. Haakansen was against. Since it was agreed that governme
agencies should be counted, the objectors in this case did not cover enough area
to require a five - member favorable vote of the Assembly to approve the rezoning.
After a continuance of the public hearing which had been started at the previous
meeting, at which time Mr. Eggemeyer added Mr. Olsen's name to the list of
protesters, Mr. Lester's motion for adoption of the Ordinance approving the
rezoning was carried by unanimous roll call vote, with Mr. Brechan abstaining
since he had previously disqualified himself.
The meeting recessed from 10.00 p.m. to 10 °10 p.m.
IX NEW BUSINESS
X CHAIRMAN'S REPORT
XI ASSEMBLY COMMENTS - None
91
ASSEMBLY MEETING - June 2, 1966 3
VIII A. Rezoning Aleutian Sub Blk 14, Lots 8 -14 from R1 to R3 - Tony Perez (Case 40 -A)
Case was reviewed and the attorney's opinion read. Since it had been
determined that governmental agencies should have a voice in rezonings, the
objectors to this case did not have enough surrounding area to require a
five - member favorable vote of the Assembly to pass the rezoning. Therefore
the previous 2 to 1 vote in favor of the rezoning which had occurred at the
May 5 meeting was determined to be valid. Mrs. Hajdu moved that the affirmative
action of the Borough Assembly in rezoning Aleutian Sub Blk 14, Lots 8 -14, from
R1 to R3, be re- affirmed at this time. Seconded by Mr. Lester. Rev. Bullock
raised the point that the city watershed could not be considered as a "lot,"
and therefore could not be counted as having weight in the case. It was
explained to Rev. Bullock that the re- affirmation was being done so that if
anyone wished to appeal the decision, they could still do so within the time
limit required. Motion carried by unanimous roll call vote.
C. Rezoning Townsite Blk 1 Lot 10, 12, 13, 17 -19° USS 19951 USS 444 Tr. C° Alaska
Game Reserve - Robert King and Assembly (Case 137 -A)
There was some discussion to change the rezoning from R2 to Business, rather
than from R2 to R3, since a large percentage of the area from the hospital
out to Tagura Road is business now. It was decided that since Mr. King would
be held up by re- writing the ordinance, that the case would be continued in its
present form. It was pointed out that the Russian Church had objected to their
land (USS 444 Tr. C) being included in this rezoning. No action was taken to
eliminate this parcel from the ordinance. The first "'reading of the ordinance
was held. Mrs. Hajdu moved for adoption of Ordinance 66 -11 -0 in the first
reading. Seconded by Mr. Brechan and carried by unanimous roll call vote.
D. Bornggh Trailer Permit Fee Schedule
After some discussion, Mr. Hajdu moved to adopt the recommendations as presented.
Seconded by Mr. Lester. A1r. Russell objected to having paid a fee before the
schedule was officially adopted by the Assembly. Motion carried by unanimous
roll call vote.
A. Application for Trailer Court Permit, USS 3219, Blk 1, Lots 7 -11 - Karl and Dera
Brunstad (Case 101 -A)
After brief discussion, Mrs. Hajdu moved to table this case until written
recommendations were obtained from the Sanitarian and Building Inspector.
Seconded by Mr. Haakansen and carried by unanimous voice vote.
B. Application for Trailer Court Permit, USS 31i "L, Lot 2 - Chuck Powell (Case 143 -A)
After br &ef discussion, Mrs. Hajdu moved to table this case until written
recommendations were obtained from the Sanitarian and Building Inspector.
Seconded by Mr. Haakansen and carried by unanimous voice vote.
A. Borough Engineer - Chairman White reported that a letter had been sent to Jim
Barr terminating his services in 30 days, and that no reply had been received
from him. He reiterated that the purpose in terminating the contract was not
to discredit Mr. Barr, but rather to further consolidate the Borough and City
by using the services of the City Engineer.
B. Action Against Holman's Garage - Attorney Madsen reported that he had filed
suit against Holman's Garage and requested that the hearing on the preliminary
injunction be scheduled on June 8.
XII ADJOURNMENT - The meeting was adjourned at 11:00 p.m.
V -C Heard letter from Dale Tubbs, ARea
Forester, re vandalism at Ft.
Abercrombie
TO: ALL DEPARTMENTS AND DIVISIONS
FROM:BOROUGH CLERK
SUBJ :ASSEMBLY MEETING OF JUNE 2, 1966
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(1 1 9 2ODiAKK ISLAND BOROLatI
ASSEMBLY ACTION SUMMARY
Item Assembly Action
V -A Concurred in accepting Harry Carter's
resignation as Sanitarian
V -B Heard letter from F. J. Keenan, State
Division of Lands, transmitting copy
of Land Management Agreement between
Borough and State
V -D Heard letters from State Division of
Lands and BLM re release of watershed
land for residential purposes
VI -A Approved preliminary plat of Oceanview
Addn to Miller Point Subdivision,
USS 3462 (Case 141 -A)
VI -B Approved preliminary plat of First
Addition to Miller Point Subdivision,
USS 3462 and 3463 (Case 142 -A)
VI -C Approved preliminary plat of First
Addn to Kadiak Subdivision, USS 3512
(Case 140-A)
V -E Passed Resolution 66 -19 -R ratifying
results of special election on
hospital
V -F Accepted Assessor's certification of
BOE minutes and total assessed value
of Borough
VI -D Tabled case 139 -A rezoning Townsite
Bik 15, pending submission of new
application letter
VII -A Approved Leroy Wittich's exception
and variance on USS 3218, Tr. M,
Lot 2 (Case 136 -B)
Approved Iani and Brechan's vacation
of First Avenue, East Addn, Bik 30,
Lots 15 -17 (Case 128 -A)
VIII -B Adopted Ord. 66 -9 -0 rezoning East
Bik 30 Lots 15 -17 from R2 to R3
(Case 128 -B)
VIII -A Re- affirmed adoption of Ord. 65 -7
rezoning Aleutian Sub Blk 14 Lots 8 -14
from R1 to R3 (Case 40 -A)
VIII -C Approved 1st reading of Ord. 66 -0 -
rezoning Twn Blk 1 Lots 10, 12, 13,
17 -19; USS 1995; USS 444 Tr. C
Alaska Game Reserve from R2 to R3
(Case 137 -A)
Action Needed by Administration
Hire new Sanitarian
None required
Chairman to discuss problem with State
Trooper and Department of Safety, and
to investigate agreement with City for
fire and police protection
None required
None required
None required
None required
None required
None required
Obtain formal request for rezoning to
Business from Mr. Thorsheim
None required
None required
Ordinance to be posted
None required
Second reading and public hearing to be
scheduled and advertised
ASSEMBLY ACTION SUMMARY - June 2, 1966
Item
2
Assembly Action Action Needed by Administration
VIII -D Adopted Borough Trailer Permit
Fee Schedule as submitted by
Building Inspector
IX -A Tabled Brunstads' application for Sanitarian and Building Inspector to
trailer court permit, USS 3219, prepare recommendations
Blk 1, Lots 7 -11 (Case 101 -A)
pending recommendations from
Sanitarian and Building Inspector
IX -B Tabled Powell's application for
trailer court permit, USS 3100,
Lot 2 (Case 143 -A) pending
recommendations from Sanitarian
and Building Inspector
None required
Sanitarian and Building Inspector to
prepare recommendations