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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. 0 0 1 1 1 9 1 fl 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 0 1 I (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