BELLS FLATS TR A BK 3 ALL - Land Disposal (2)Vol. 41 No. III
�.IIL MIRRs)R
Monday, June 8,'1981 25 cents
Photo. by Jerry Martini
• Sixty- one- yearold Lawrence Panamarolf from Kerluk Village on Kodiak island holds up a 25 lb. king
salmon In front of his one-room cabin. The salmon was caught right in front of Lawrence's home on
the Kartuk: River. Lawrence says the fish Is a;''small" king and took about 15 minutes to pull in He
likes catching kings With light tackle such as a.fty rod and 6 to 1 lb. test line. Panamaroff is a for -
mer boar,gulde:but can't practice this - profession anymore• because of a heart-condition. Another
favorite hobby Is his daffodils that grow In front of his home.
Israeli planes attack lra
TEL AVIV, Israel' (AP)
Israeli': warplanes attacked and
destroyed Iraq''s nuclear reactor
outside Baghdad on Sunday, the
Israeli, military command an-
nounced today.
There was no immediate
confirmation of the report from
Iraqi authorities in Baghdad.
• The French -built 70- megawatt
research reactor, said to be
ready for completion this
summer, had stirred controversy
,
because its fuel could be used to
make nuclear weapons.
The, Israeli military. Said it
would not explain the reason for
the extraordinary action, carried
out by. Israeli warplanes against
a target 600 miles from Tel Aviv.
"We don't wait for the reactor
to be completed to destroy it," a
military spokesman said
Some 100 to 150 foreign experts
were working on the reactor and
reportedly were on a Sunday day
off when the Israeli: planes
struck, the command said. It
said all the Israeli planes
returned safely but it did not say
how many toot&. part in theat-
tack.
The surprise attack against the
Arab nation came during a
period of heightened :tensions in,
the Middle East ;because of
Israeli objections to the presence•
of Syrian anti-aircraft missiles in
Lebanon.
Last Sept. 30, a.week after the
outbreak of the Iran -Iraq war,
the Baghdad atomic facility was
attacked— but reportedly not
damaged — by warplanes
bearing Iranian markings.: One .
report at the time said the planes.
(Continued on Page 2)
Bells Flats; group
alts land sale
By DEBORAH TRASHER under water was of no value.
and DEBORAH NELSON. Therefore the appraised price of
Bells Flats residents have the 17 acre parcel was set for the
taken the first round in a legal price of a 14 acre parcel, states
battle. against. the Kodiak Island the suit.
Borough by :postponing the sale. "To sell the property without
of borough land which was including a fair market price for
scheduled for today. the lakes and the land beneath
BellS.Flats residents Bill them would cause immediate
Williams, John Bealey, Dave irreparable harm to the Plain-
Geddes, Mike Green, Al Lucas, tiffs and leave them with no
Bruce Maas, Mary Mathes and adequate remedy at law," states
Ellie: Sander filed suit m "Kodiak the suit.
Superior Court Ju a halt the At the April 2 borough
sale of tlock':3 Tract assembly meeting, over 50 Bells
Borough ' e. a la Flats- Russian Creek residents
Russian Creek area turned out to protest the sale of
The residents,.. `represented by the land leased by. Brechan. At
Kodiak attorney Dennis Nelson, the time of that meeting, the
claim that placing the land in land sale was scheduled for April
private 'ownership would 'be.in 18. However, in spite of the
violation of Alaska Statutes, protests, the assembly voted to
since the borough would be delay the April 18, sale until an
restricting the use of the land_' appraisal was performed, and go
without an updated . Com- ahead with the sale which had
prehensive Land Use plan.
been slated for:today.
On June 5, the plaintiffs were At that meeting, former .
granted atemporary restraining planning and zoning commission
order by' Judge Daniel Moore, member and a resident in the
prohibiting the borough from Bells Flats area Debbie Walser,
selling the land 'until "June =22, told the assembly the borough
when there will be ,a hearing • should not sell any more land. in •
before. Anchorage Judge Victor the area until-the borough up-
.. Carlson .to-determine whether a dated its' ,Comprehensive Land
preliminary injunction should be Use Plan. That plan is supposed
issued to postpone 'further land to be updated every two years.
sales in the:area It was last updated in' 1966 It :s
Ju "dge ltloore further ruled that supposed to fuia:16h.tia a type of
the plaintiffs post 4'82,000 bond. giant blue print for the'borough,
, According'• to the-plaintiffs, ' showing which areas are
tnoney:for :this bond 'has been destined for industrial growth,
;donated by, the citizens of the which are suited for residential.
Womens;Bay Coinmumty growth etc
U.S condemns Israelis
WASHINGTON_ (AP) ='Fhe American F-4 Phantom jet
State Department on Monday fighter - bombers. in the raid. .
condemned the Israeli air strike The Foreign ; Military Sales Act
on Iraq's' nuclear reactor as restricts foreign recipients of
threatening to , heighten serious American weapons to using them
tensions in the Middle East only for self- defense, a provision
Department spokesman Dean which is in legal dispute.
Fischer said Israel used - Said Fischer: "The United
American military equipment in States government condemns the
the attack, Sunday on the nuclear reported Israeli air strike on the
installation near Baghdad, in Iraq nuclear facility, the un
"possible violation" of the terms '.precedented character of which
under which it was given to cannot be seriouslyadded to the
Israel. already tense situation in the
Fischer said a report on the area."
incident is being prepared for The spokesman was asked
submission to Congress in. . whether the United States
accordance with U.S. law. Israel disagrees with Israel's judgment
was believed to have used that the Iraqi facility was a
potential security threat to
Israel.
Fischer replied that Iraq is a
signatory to the nuclear non-
• 'proliferation treaty and has
undertaken to. accept the
safeguards of the International
(Continued on Page 2)
FORECAST: Chance of showers
Weather WINDS: . Variable 10 mph
HIGH:- 55 LOW: 45_
MARINE FORECAST :.. Variable winds. 1f knots
SEAS: 4 ft.
OUTLOOK: Variable winds 15 Knots
According to Acting Borough
Manager Arnie Hansen, the
borough had, received one ap-
proved development and bid
for the postponed land sale. The
bid was from Brechan Enter-
prises, which has been . leasing
the land in question for the past
12 years fora sand andgravel
operation,: Brechan's lease with resource that land has, to offer,
the borough expired in .1979, and and of the necessity of providing
since that time he has been land in the borough for sand and,
leasing the land from the gravel extraction.
borough on a month to month. In, April Bells Flats - Russian.
basis; Hansen explained Creek residents combined their
The plaintiffs also claim that community : resources to
the lease agreement includes establish the Womens Bay
covenants which have never - Charter, a .burgeoning effort on
been enforced, to clean up the the part of the community to
property in accordance with make it more autonomous:
borough standards..: They 'also One reason for the establish -
maintain the. property, remains ment of the charter is to provide
in violation'. of the lease a common voice for the ;com-
agreements: munity at borough and state
Another' complaint in the suit levels of government and to
states that the appraised price of provide the proper control and .
the property was set at 816,000 an equitable use of funds and grants
acre, but that the appraiser for the continued development
determined that the portion of and improvement, of the corn:
the land which is submerged munity. .
At that meeting attorneyWaltt
Ebell, representing': Brechan,
told the assembly the borough
had the right to sell its land
regardless of the land use plan.
Many businessmen in the sand
and gravel business also testified
at that meeting, pointing out the .
great need in the borough for the
budget approved
By DEBORAH NELSON
• Of The Mirror Staff
The borough assembly at the
continuance of its • regular
meeting Friday might :passed the
borough budget as amended, but
it held off taking action on the
resolution which lays out the
distribution of funds.
Acting Borough Manager
Arnie Hansen said the mill rate
was set at 7 mills on real
property. However, since the
assembly approved a resolution
Thursday night lowering the mill
rate by 1.5 mills, Hansen said
. borough residents will be
assessed at 5.5 mills on their
property tax for one year. The
borough used . municipal.
KIBS301883
assistance money from the state
to lower the mill rate.
In.addtionto the tax on real
property, borough residents in
Fire District I will .be paying 2.95
mills on all taxable property
within the Fire District. That
mill rate is up one mill from last
year. Residents who live in the
road district in the Bells Flats -
Russian Creek area will be
paying four mills for the road •
district —down 1.2 mills from last
year.
Residents in the Mill Bay,
Island Lake and Spruce Cape
Road Service area will not pay a
mill rate this year for the service
district. They were taxed at one
mill last year.
IN THE SUPERIOR COURT FOR.THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT
AT KODIAK
)
)
)
)
)
)
Plaintiffs, )
)
)
)
)
)
Defendant. . )
)
)
BILL WILLIAMS; JOHN BEALEY;
DAVE GEDDES; MIKE GREEN;
;AL LUCAS; BRUCE MAASS;
MARY MATHES. and ELLIE
)SANDER, individually and on
■;behalf*of others similarly
!situated,
1
vs.
. :KODIAK ISLAND BOROUGH,
NO. 3K0-81- CIV.
.H1
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
COMES NOW the Plaintiffa and allege:
;Island Borough, Third Judicial District, State of Alaska.
)ENNIS L. NELSON
fogt,f AT ...AW
1. Plaintiffs are residents and landowners in the Kodiak'
2.- Plaintiffs are representative of a Similarly placed
class of residents and landowners in the Bells Flats and Russian
Creek Alaska Subdivision and the surrounding Womens Bay Comffunity,
all situated in the Kodiak Island Borough, joinder of all residents
is impractical for this matter; there are questions of law and factl
comrnon to the class; the claims of the representative parties are
:typical of the claims of the class and the representative parties
;will fairly ancLadequately protect the, interests of the class.
3. The Defendant KODIAK ISLAND BOROUGH has refused to
;act on the matter of this complaint which is generally applicable
•
to the class and therefore final injunctive or declaratory relief
will be appropriate to the class as a whole.
4. Plaintiffs have been and continue to be taxpayers to
.the Defendant KODIAK ISLAND BOROUGH.
5. Defendant KODIAK ISLAND BOROUGH, by and through its
.agents, proposes to auction for sale the real property legally
Complaint for Declaratory and Injunctive Relief
•
described as Block 3, Tract A, Bells Flats Alaska Subdivision,
;;Kodiak Recording District, State of Alaska. The sale of said
!Troperty is scheduled to be held at 1:30 P.M. on June 8, 1981, in
;iKodiak, Alaska.
:11969.
''Russian
(..,adopted
111 as a whole and
1
'without meaning in regard to the Bells Flats/Russian, Creek area. in
!;that they received negligible mention.
6. The above-described property was zoned Industrial in
7. In or about 1972 a substantial part of!the Bells Flats/
Creek area was rezoned from Unclassified to Residential,
8. In or about 1968 the Kodiak Island Borough Assembly
a COMprehensive Plan. This Plan has neverbeen updated
is now obsolete and without meaning. It is especially
9. To sell Block 3, Tract A or other property in the
above-mentioned areas and thus placing them in private ownership
iwould be in violation of AS 29.33.090 in that Defendant KODIAK
ISLAND BOROUGH 'would restrict the use of land without the guidance
'Of a comprehensive plan.
10. Unless Defendant is enjoined from selling Block 3,
_Tract A and other parcels within the Bells Flats/Russian Creek area
'until such time that an updated comprehensive plan is adopted, the
Plaintiffs would be irreparably harmed and have no adequate remedy
at law.
■
COUNT IL
11. Plaintiffs reallege Paragraphs. 1 through 10 of
count I of Plaintiffs complaint as though fully set forth herein,
12. Block 3, Tract A, Bells Flats.AlaSka Subdivision has
been the subject property for sand and gravel leases over the past
12 years. The lease agreements have all been with the same lessee.
13. The lease agreements include covenants by the,lesseei
,to-clean up the property in accordance with Defendant KODIAK ISLAND
•
. "
:,Complaint for Declaratory and Injunctive Relief
1
•
", •
•BOROUGH standards at the termination.of each lease. These have
never been enforced and the condition-of the property remains in
i;violation of the lease agreements.
14. As a result of the property not being cleaned up or-
A
:returned to standards its fair market value is lessened.
11-
15. To sell the property in its present state would
•
!pause the Defendant KODIAK ISLAND BOROUGH to receive less monies
than it should, thereby causing immediate irreparable harm to the
;Plaintiffs and other taxpayers to the Borough for which they •
Would have no adequate remedy at law.
COUNT III -
16. Plaintiffs reallege Paragraphs 1 through 10 of Count
11 through 15 of Count II of their Complaint as
I • and Paragraphs
ithough fully set forth herein.
17. Block 3, Tract A, Bells Flats Alaska Subdivision
:is approximately seventeen acres, in size. Situated upon the property
are two jakes whose combined size approximate three acres.
18. The appraised price for the property was determined,
to be $16,000.00 per acre. Howevet,,the appraisal determined that
'the lakes and the land beneath them were valueless and therefore
estab1ished an appraised price for the seventeen acre parcel. by
'multiplying the appraised price per acre ($16,000.00) by 14.199
acres.
19. The purchaser of the property would thus receive
seventeen acre parcel for the price of a fourteen acre parcel.
20. Plaintiffs contend that the lakes and the land
.beneath them are not without value and that by selling the property
as proposed the Defendant KODIAK ISLAND BOROUGH would permanently
!Jose the revenue which would be the value of the lakes and land
.beneath them.
21. To sell the property . without including a fair market
i:complaint for Declaratory and Injunctive Relief
{
price for the lakes
:iirreparable harm to the Plaintiffs and leave them with no adequate
Iremedy at law.
and the land beneath them would cause immediate'
WHEREFORE. Plaintiffs pray;
1, The Court preliminarily and permanentlyenjointhe
Defendant KODIAK ISLAND BOROUGH froffselling Block 3i Tract A,
Bells Flats Alaska Subdivision, Kodiak Recording District, State
'of Alaska or other parcels of land in the Bells Flats and Russian
Creek Alaska Subdivisions, Kodiak Recording District, State of
lAlaska
Hifees and
public interest litigation.
untilfinal resolution of the issues in this complaint.
2. That Plaintiffs be awarded their reasonable attorney's
costs either in accordance with Civil Rule 82 or for
3, For other and further relief as the court deems just.
Dated this 4th day of June, 1981, at Kodiak, Alaska.
.JCV
nnis L. Nelson,
Attorney for Plaintiffs
VERIFICATION OF COMPLAINT
',STATE OF ALASKA
;THIRD JUDICIAL DISTRICT
;oath, being first duly sworn, does depose and state:
complaint which was commissioned by me and the other individual
plaintiffs on our behalf and on behalf.of other similarly placed,
It
and hereby verify and certify that all information and facts
within this Complaint are true and correct to the best of my know-
) ss.
COMES NOW, MARY MATHES, a Plaintiff herein, and upon her
I have read and understand the contents of the foregoin
containc
jedge, information and belief.
:1
•
Complaint for Declaratory and Iniunctive.Relief
DATED this 4th day of June, 1981, at Kodiak, Alaska.
MARY ,M1�THES, Plaintiff
I? �
SWORN AND SUBSCRIBED to before me this 4th day of June,
111981.
f U k?,c,
NO ARY PULIC IN AND FOR L SKI
My commission expires :i� ��
/
ii
. I -
.;Complaint for Decl &ratory and Injunctive Relief
)ENNtS L. NELSON
I°$1
LAsKA 09615
4t4"
IN THE SUPERIOR COURT FOR THE STATE OF .ALASKA
THIRD JUDICIAL DISTRICT
AT KODIAK
BILL WILLIAMS; JOHN BEALEY;
DAVE GEDDES; MIKE GREEN;
AL LUCAS; BRUCE MAASS;
MARY MATHES and ELLIE
SANDER,
Plaintiffs,
VS.
KODIAK ISLAND BOROUGH,
•
Defendant.
NO. 3K0-81- CIV.
MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION
COMES NOW Plaintiffs, by and through their attorney,.
DENNIS L. NELSON, and pursuant to Civil Rule 65 move this court
for a temporary restraining order and preliminary injunction
enjoining Defendant from selling any real propert ituated in the
Bells Flats Alaska Subdivision and the Russian Creek Alaska'.
! Subdivision, both situated in the Kodiak Recording District, State
lof Alaska.
This Motion is based upon the accompanying
Memorandum and Verified Complaint.
Dated this 4th day of June, 1981, at Kodiak, Alaska.
)ennis L. Nelson,
Attorney for Plaintiffs
-; -Motion for Temporary Restraining Order and Preliminary Injunction
• . . .
)ENNIS L. NELSON
A ; I 71 17
•• 71
•771•;1 5
"71 4F.,• .1,49
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT
AT KODIAK
ilpILL WILLIAMS; JOHN BEALEY;
::DAVE GEDDES; MINE GREEN; •
''1AL LUCAS; BRUCE MAASS;
MARY MATHES and ELLIE
i:SANDER, individually and on
behalf of others similarly
!;situated,
Plaintiffs,
vs;
KODIA1 ISLAND BOROUGH,
.1;
Defendant.
!;NO. 3K0 -81 - CIV.
1'
•
MEMORANDUM IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER
The Defendant,
KODIAK ISLAND-BOROUGH, has scheduled the
sale of Block 3, Tract A, Bells Flats Alaska Subdivision at 1:30
P.M._on-June 8, 1981. This property is presently
;;The last sale of property in the area zoned Industrial occurred
[nearly ten years ago. Since that time, nearly 200 families
Hhave moved into the Bells Flats/Russian Creek Subdivisions and
zoned Industrial:.
the character of the area has drastically changed.
In 1968, the Defendant, KODIAK ISLAND BOROUGH, adopted
•
a Comprehensive Plan, and, although-the Plan has been amended from
!!.time to time, it has never been updated. Neither the 1968 Plan nor
i;
its amendments addressed the comprehensive 'planning of the Bells*
1
Flats/Russian Creek area in any meaningful manner and, consequently,
Cilthe rapidly developing area has no comprehensive plan. In 1969,
and Unclassified
ljthe area was zoned Industrial/but, over the years, much has been
ijrezoned for Residential purposes.
The proposed sale of over seventeen acres would give the
"purchaser grandfather rights for Industrial purposes in an area
H
• which now has a substantial,residential community. The sale will
Memorandum in Support of Motion for.Temporary Restraining Order _
• _•,
result in the immediate irreparable harm to the Plaintiffs and
their community and they would'have no adequate remedy at law.
Further, the property scheduled to be sold was under
lease for a number of years and the lessee has not complied with
requirements that it clean up the area after termination of the
i'lease. This omission can only result in the property being sold
for less than it would have had the Defendant enforced the lease
pprovisions. Damage to the Plaintiffs would be immediate and
irreparable-in that there is no way in which the Defendant could
egairi the lost revenues after the sale; nor would Plaintiffs have
. H an adequate remedy at law. The Defendant's loss is the Plaintiffs
h -
loss in that Plaintiffs directly contribute money to Defendant in
,
!itie form of taxes
lost revenue.
Finally, the property now has two small lakes located on
i
0
and that their taxes must be higher_to offset the
t. These lakes were made by the lessee during its excavations
f sand-and-gravel. The appraisal for the property determined that
lthe lakes and land beneath them were valueless and, consequently,
dhas-assigned no value to approximately three acres of the seven-
jteen i acre tract. Thus the purchaser will be obtaining a seventeen
Lore parcel for the price of fourteen acres.
The impropriety of all this.is heightened by the fact
that the sole purchaser who has.qualified for the sale is the
!lessee who made the lakes in the first place.
Again, damage to the Plaintiffs would be immediate and
;irreparable in the manner as set out above. Also, again, there
would be no adequate remedy at law.
It is important to note that neither the Defendant nor
the prospective purchaser should be harmed by the issuance of a
!temporary restraining order in that the Defendant in its offering
. . - _ .. .. .. , ..
. , . . .
.. . . _
.. . .
• , - ..' .
-...,,,,,,,,,,.:;-....k,....,...*,......t.. -...“,.. .
,..:_=.. ,f,'.._:-..-..., ,..v,".'s_,.:•.,:-...,:-:`.1,..^''. :::Z...,...:t.,:=.- .,..-- -.^:r...... . ." 4, .,■.i......,;.- ..-,....:1.-,. ,..:, ..,;,...-. ',....,....-...:,...L.1,....4,..P., . - '
of sale, reserved the right "to adjourn, postpone or vacate this
i.loffering in whole or in part, at any time prior to the auction."
Respectfully submitted this 4th day of June, 1981, at
liKodiak, Alaska.
1 I
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I ;
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!I
Defis L. N son,
Attorney for Plaintiffs
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT
BILL WILLIAMS; JOHN BEALEY;
:LDAVE GEDDES; MIKE GREEN;
i; AL LUCAS; BRUCE MAASS;
MARY MATHES and ELLIE
r SANDER, individually and on
rbehalf of others similarly
:situated, •
i; Plaintiffs,
vs.
KODIAK ISLAND BOROUGH,
Defendant.
1,1
NO.'3K0-81- CIV.
'CERTIFICATION OF NOTICE OF MOTION FOR TEMPORARY RESTRAINING ORDER
I, DENNIS L. NELSON, attorney for Plaintiffs and moving
ft party in this motion for a temporary restraining order, hereby
;Icertify that the following efforts were made to give notice of the
;Jlearing on this motion for atemporary restraining order:
i;
1. Members of the Kodiak Island Borough Assembly and
the Borough Manager were informed by the Plaintiffs on June 1,
1981, that a temporary restraining order and preliminary injunction
!1would be sought enjoining the Defendant from selling real property
in the Bells Flats/Russian Creek Subdivisions until such time
that an updated comprehensive plan was adopted.
2. At 3:30 P.M. on July 3, 1981, I telephoned the
!Borough Manager's office in Kodiak, Alaska.,
3. The Manager was not there, however, I spoke with
V,Mickey Duros, his secretary, and identified myself as attorney for
the Plaintiffs. I stated that I would be in the Superior Court
Building in Kodiak, Alaska, on Thursday-, June 4, 1981, at 1:.00
for the purpose of Obtaining a temporary restraining order enjoining
!! the Kodiak Island Borough from selling Block 3, Tract A, Bells Flats
I! •
'Alaska Subdivision on June 8,. 1981.
•
)ENNIS L. NELSON ': 4. It is essential that an immediate temporary restrainin
,117■A.%
,•OP: 1",
At..P.A •
-Certification of Notice of Motion for Temporary Restraining Order
-;.
order be issued in order to prevent irreparable harm to the
:1Plaintiffs for the reasons set forth in the affidavit and
iVerified complaint filed herewith.
A 5. The Temporary Restraining Order should be issued
11
at this time because the Defendant has received notice of this
-4'
-;:hearing and that insufficient time is availa•le.in order for a
khearing On a preliminary injunction before the Scheduled date of
1!
;I
DATED at Kodiak, Alaska this 4th day of June, 1981.
1,74"
ennis L. Nelson,
'Attorney for Plaintiffs
!iCertification of Notice of Motion for Temporary Restraining Order
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT
] BILL WILLIAMS; JOHN BEALEY;
DAVE GEDDES; MIKE GREEN;
AL LUCAS; BRUCE MAASS;
, MARY MATHES and ELLIE
SANDER, individually and on-
Ilbehalf of others similarly
situated,
Plaintiffs,
vs.
Defendant.
:1 NO. 3K0-81- CIV.
KODIAK ISLAND BOROUGH
)ENNIS L. NELSON
At aSt...'s
i91') •
AT KODIAK
NOTICE OF HEARING ON MOTION FOR PRELIMINARY INJUNCTION
TO: KODIAK ISLAND BOROUGH PLEASE TAKE NOTICE that the undersigned will move in
this court on , 1981-, at .M. or
:as soon thereafter as counsel can be heard, for a preliminary
=injunction enjoining-Defendant from:
1. Selling Block'3, Tract A, Bells Flats Alaska .
Subdivision or other parcels of land in the Bells Flats Alaska
Subdivision, in the Kodiak-Recording District, State of Alaska,
until final resolution of the issues raised in the complaint.
2. Selling any parcels.c>f land situate in the Russian
Creek Alaska Subdivision in the Kodiak Recording District, State .
Of Alaska, uptil final resolution of the issues raised in the
complaint.
DATED at Kodiak, Alaska, this day of June, 1981.
SUPERIOR COURT JUDGE/CLERK
. Notice of Hearing on Motion for Preliminary Injunction
„ . „
IN THE SUPERIOR COURT FOR-THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT
;I AT KODIAK
BILL WILLIAMS; JOHN BEALEY; )
C DAVE GEDDES; MIKE GREEN; )
'AL LUCAS; BRUCE MAASS; )
!MARY MATHES and.ELLIE )
!SANDER, individually and on )
:behalf of others similarly )
situated, ).
Plaintiffs, )
•! )
;i vs.
KODIAK ISLAND BOROUGH, 1
)
Defendant. ) .
)
)
!NO. 31<0-81- CIV.
• '!'TO: KODIAK ISLAND BOROUGH
TEMPORARY RESTRAINING ORDER
Plaintiffs have moved, pursuant to Civil Ru]e 65, for
;a temporary restraining order in this action restraining or en-
;joining you'from selling any real property situated in the Bells
'ylats Alaska Subdivision and the Russian Creek Alaska Subdivision, 1
Jpoth situated in the Kodiak Recording District, State of Alaska,
:pending determination of Plaintiff's motion for a preliminar in-
junction and Plaintiff's have shown by verified complaint that
"ilimmediate and irreparable injury will result to them in that any
;
,sale of the above-mentioned property, would constitute zoning of a
:permanent nature and Plaintiffs would have no adequate remedy at
'!law. Plaintiffs have also shown they would suffer immediate
irreparable harm if Block 3, Tract A, Bells Flats Alaska Subdivision
:were sold without said property being restored to a condition
irequired by'a prior lease agreement and that they would again have
no adequate remedy at law. Plaintiffs have further shown that they
-would suffer immediate and irreparable damage for which they would
have no adequate remedy at law if said property were sold without
'including in its price a fair market value for the lakes thereon
)ENNIS L. NELSON ,
1.07)4.,4(1,41
Temporary Restraining Order
.-
lemurary 1esura.inir,g urcer (cont.)
and the land'beneath them.
The following order is issued because Plaintiffs would
! suffer immediate and irreparable injury for which no adequate
[remedy at law exists if notice of this motion is served and normal
!response time allowed.
11
IT IS ORDERED this day of June, 1981 at .M.
), that you and your agents, servants, employees and attorneys
immediately cease and until . , 1981, refrain
Lfrom selling any real property situated within the Bells Flats or
CRussian Creek Alaska Subdivisions, Kodiak Recording District, State
;'.of Alaska, including Block 3, Tract A, Bells Flats
111
DONE at Kodiak, Alaska, this day of June, 1981.
4.
Alaska SubdiviSion,
: I
11
I
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;,Temporary Restraining Order
SUPERIOR COURT JUDGE
)1.:NUIS L. NELSON
...TrOW4,,-"HAW
'40,!0Y17
14AK
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT
AT KODIAK
BILL WILLIAMS; JOHN BEALEY; )
DAVE GEDDES; MIKE GREEN; -
AL LUCAS; BRUCE MAASS; )
II MARY MATHES and ELLIE ).
II SANDER, individually and on )
Opehalfof others similarly . ),
1;situated, )
Plaintiffs, )
vs. )
11 )
IIKODIAK ISLAND BOROUGH, )
I!
)
Defendant. )
II )
li
Il )
!!
NO. 3K0-81- CIV.
SECURITY FOR TEMPORARY RESTRAINING ORDER
THIS MATTER having come before the court on Plaintiff's
Motion for Temporary Restraining Order and Preliminary Injunction
and the court being apprised in-the premises,
NOW THEREFORE this courthaving issueda Temporary
Restraining Order or Preliminary Injunction against Defendant, the
;:sum of FIVE HUNDRED DOLLARS ($50040) is hereby deemed proper
in the circumstances.
DONE at Kodiak, Alaska, this day of June, 1981.
SUPERIOR COURT JUDGE
;i
•1
Security for Temporary RestraininO)rder
•.
IN THE TRIAL COURTS FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT
BILL WILLIAMS; JOHN BEALEY;)_/
DAVE GEEDES; MIKE GREEN; )
et al.,
VS.
)
Plaintiff(s), )
)
)
)
)
)
)
)
Defendant(s). )
)
KODIAK ISLAND BOROUGH
No. 3K0-31-276 Civ.
SUBPOENA DUCES TECUM
T°: William Walton A
YOU ARE COMMANDED to appear in'the Trial Courts for the
State of Alaska, Third Judicial District;i'in Courtrootr
Kodiak / ./
at 22ffighmage, Alaska, on the 22nd day of June 81 ,
P.
3.aa
at uttlii o'clock A .M., and to bring with you the following
documents to be used as evidence in this action:
Offering of Sale and Appraisal for Block 3, Tract A
Kodiak Island Borough Comprehensive Plan Bells Flats 2AY,
Subdivision
VICKI M. I3UKOVICK
CLERK OF COURT
Clerk of Court
By:
Dennis L. Nelson
Attorney for.:
Plaintirrs
Address P.O.Box 1947
DATED: June 16, 1981
771
DeputyClerk
I hereby certify that
by
and by tendering to him the fee
mileage prescribed by the Rules
All Courts.
DATED:
Service Fees:
Travel
Services
Total
ASC-11 (Rev. 1/78)
I served the annexed subpoena on
delivering a copy thereof to him
for one day's attendance and the
Governing the Administration of
IN THE TRIAL COURTS FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT
v!1E:LTAr S+ JOHN f ':ALEYi )
DAVE GIP,T. 7S; MIN: GRL'F'';'j
et al.,
)
)
)
Plaintiff(s), )
vs. )
KODTA7, .i SLt\ND BOROUGH )
Defendant(s). )
No. 3170-81-276 Civ.
SUBPOENA DUCES TECUM
TO: W.+ 11? atr Walton f,
YOU ARE COMMANDED to appear in the Trial Courts for the
State of Alaska, Third Judicial District, in Courtroom
Itoyc i� ,1.k
at Anc_hor_age, Alaska, on the 22.inc0, day of
P.
at Z??''::;l o'clock .M., and to bring with you the following
June
► 19 ,
documents to be used as evidence in this action:
Offering of Sale ancJ rnraisa l fog. Block 3, Trac'
N✓caia? Island BDr?ugq Comprehensive
imp"ed %ns i v e Plan f3eL s
B K
CLERK OF COURT
Clerk of Court
Do.AmiS L. Nelson
Attorney._for
Address P.O.Box 1941
DATED: June 16, 1981
By: rt /,"
Deputy. Clerk
I hereby certify that I served the annexed subpoena on
by delivering a copy thereof to him
and by tendering to him the fee for one day's attendance and the
mileage prescribed by the Rules Governing the Administration of
All Courts.
DATED:
Service Fees:
Travel $
Services $
Total $
ASC -11 (Rev. 1/78)
--, 0
•
BRECHAN ENTERPRISES, INC. GENERAL CONTRACTORS
BOX 1275 PHONE (907} 486.3215
KODIAK, ALASKA 99615
July 31, 1979
Kodiak Island. Borough Assembly
P.O. Box 1246
Kodiak, Alaska 99615
Subject: Development Plan for the Purchase of Tract P-1 of
' Tract A Bells Flats Alaska Subdivision
HISTORY
Brechan Enterprises, Inc. began its operations on Tract P-1 with
an application to the Bureau of Land Management in 1966 for a
materials lease. This evolved through the enactment of land
transfers from the United States Government to the Borough of
the Bells Flats Alaska Subdivision and the lease of Tract P-1
to Brechan Enterprises, Inc. on the 10th of September 1969.
The original lease required that our firm conform to requirements
concerning slopes and set-backs from property lines and the
beautification of the area prior to the termination of the lease.
Our feeling is that we have complied with the terms and intent of
the lease. We have increased the back-slopes to 11/2 to 1 for
better utilization of the floor of the pit and are preparing to
have these finished slopes seeded to avoid erosion. If necessary
we will comply with the requirements for 2 to 1 back-slopes.
We have not at this time made any preparations to remove our equip-
ment from the lease site, pending the Borough's decision on the
sale and/or re-lease of the property. At the original time of lease
the property was legally described using the centerline of the ex-
isting road as the bourdary and containing a 30' road right of way
easement. We feel it will be necessary to have the tract re-platted.
By removing the right of way the area of the tract is reduced from
20.284 acres to some 16.5± acres. The original lease was renewed
in September Of 1974 and is now slated to expire the 9th of Sept-
ember 1979.
EXISTING IMPROVEMENTS
In 1969 we installed our first asphalt plant and began paving
operations for the City of Kodiak, the Kodiak Island Borough, and
the State of Alaska. Since that time we have continually up-graded
our facility to meet market demand caused largely by the State of
Alaska's intention to pave roads and re-pave the Kodiak Airport.
. :
We Are An Equal Opportunity Employer
Kodiak Island Borough
July 31, 1979
Page Two
Our current asphalt plant was purchased in 1977 at a cost of
$284,000.00, and we also installed additional hot asphalt storage
tanks and accessories at a cost of $280,000.00. During that
time the Kodiak Electric Association installed transformer
banks and underground electrical utilities to supply us with
part of our power demand. The Clean Air Act and Department of
Environmental Conservation required that we expend approximately
$100,000.00 for a bag house to avoid the emission of dust into
the atmosphere.
In 1975 we installed a caretakers trailer and have had a family
living on the lease site since that time to avoid the problem
of vandelism or theft at the plant site. We have also installed
a semi-permanent set of truck scales which are the only commercial
scales available on the island, a portable aggregate washing plant,
and rock crushing facility to meet the needs of the community.
THE EXISTING BORROW SITE
Since the beginning of our operation in 1969, we have excavated
approximately 140,000 cubic yards of material from the borrow
site and have re-utilized the overburden and waste to build slopes
and widen out the perimeter margin to create usable land on the
tract.
Our plan calls for the continuing excavation of gravel on the
site until it is completely depleted. We have enclosed an artists
conception of the future area at the completion of the borrow site
operation which gives a perspective of the size of the excavated
area after the extraction of all liable gravel.
UTILIZATION OF LAND AND FUTURE DEVELOPMENT
As the area is zoned for industrial reserve, we plan on continuing
in the industrial classification by establishing an industrial
staging and storage area primarily for equipment and building
supplies around the perimeter of the borrow site. We feel this is
economically viable due to the fact that there is a great lack of
industrial zoned staging and storage areas in the Kodiak area and
its environs.
We plan to keep our asphalt plant, asphalt storage facility, and
caretakers trailer on the ground where they are presently located,
and begin landfill operations to fill in and utilize the floor
of the borrow site for future development.
Kodiak Island Borough
July 31, 1979
Page Three
The time schedule for this operation is as follows:
1. 1979 - Kodiak Island Borough Sells .Tract P-1 to
Brechan Enterprises, Inc.
2. 1979 - 1981 Finish excavation of existing graveldeposit.
3. 1981 - 1982 Complete backsloping requirements, seeding re-
quirements, and regrade the usable pit floor.
4. 1982 - 1990 Begin select backfill operations with clean fill
on underwater sections of the borrow site (es-
timated quantity of material required 60,000 cubic
yards).
5. 1990 - 2000 Possible construction of industrial warehousing
complex and final landscaping to beautify the area
and keep in in industrial status.
ECONOMICS OF SALE OF LAND
We feel that the BOrough should be made aware of the cost involved
in re-locating the existing facilities. Our estimated cost at
preSf-IS-app-toximately $250,000.00 excluding the cost of land
for a new site. We do not-feel-Wt—this time there is sufficient
market demand to off-set these costs. In checking through private
land available, we have not found a Suitable.site for the re-location
of our plant.. We question whether it is wise to re-locate at all.
This decision must be made by the Kodiak Island Borough and in doing
so they have to consider the economic effect it would have on the
community due to the high cost of re-location.
We are aware that the Borough Assembly is under no obligation to
sell this tract of land, however we feel it is in their best interest
to do so. It is possible that there has already been a precedent
set concerning the sale of a lease site to an individual and the
Ordinances of the Borough clearly make it possible for this sale.
CONCLUSION
This development plan is designed to inform the Borough of our
intention in the event that they sell the land to us, and to out-
line its potential use in the community. We feel the plan as
presented is within the realm of economic and realistic considera-
tions for the area, and that we are the best qualified to reclaim
this area to usable taxable land for the Borough. It allows the
Kodiak Island Borough
July 31, 1979
Page Four
orderly development of the area, and is consistant with the
existing zoning and utilization requirements. Therefore, it
is in the best interest of the Borough to sell Tract P-1 to
Brechan Enterprises, Inc.
We are willing to amend this proposed plan as may be required
by the statutes or the wishes of the Borough Assembly.
Respectfully submitted:
BRECHAN ENTERPRISES, INC.
Michael C. Brechan
Vice President
MCB:njm
■
•
KODIAK ISLAND BOROUGH
ORDINANCE NO. 69 -30 -0
AN ORDINANCE ZONING THE AREA COMMONLY KNOWN AND RE-
FERRED TO AS BELL'S FLATS.
WHEREAS, AS 07.15.3)0.empowers the Borough to enact
J
a zoning ordinance and provide for its administrations, enforcement
and amendment, and
WHEREAS, the Kodiak Island Borough has pursuant
thereto adopted Chapter Five (5) of its Code of Ordinances and
Resolutions, which provides for planning and zoning provisions
and procedures, and
WHEREAS, according to-the comprehensive planning and
zoning map adopted by the Kodiak Island Borough, the area'known
as BELL'S FLATS was under the ownership of the United'States Govern-
ment and therefore was not zoned at the-time of the adoption of
such map and should now be zoned as portions thereof are owned by
the Kodiak Island Borough and by the State of Alaska and it is
in the best interests of the convenience, general welfare and good
zoning practice,
NOW, THEREFORE, BE IT ORDAINED by, the Kodiak Island
Borough Assembly that the area commonly known as BELL'S FLATS,
BELL'S FLATS Subdivision and RUSSIAN CREEK subdivision be and the
same is hereby zoned as follows:
Section One. The whole area above referred to is
zoned unclassified with the exception of the following:
Tracts A and B which are Borrow sites are hereby
zoned "industrial ".
Section Two. Notice of this ordinance shall be given
in the Kodiak Mirror seven (7) days prior to the
and a public hearing shall be held thereon on the
by publication
second reading
date of the second reading and this ordinance shall become effective
Page One, ORDINANCE
at the
expiration
. .. -
. .....
of thirty (30) days
after
its adoption.
KODIAK ISLAND, BOROUGH
BY: U)x02-6-
CHAIRMAN
BY
:First reading and approval date December 4, 1969.
Second reading, public hearing and passage date,
December 18, 1969.
Effective date, January 18, 1970.
.
Page Two, ORDINANCE.
KODIAK ISLAND BOROUGH
Margaret D. Duros, do certify this to be a true and correct copy
Of the following listed Kodiak Island Borough documents:
Kodiak Island Borough Ordinance No. 79-9-0
Kodiak Island Borough Comprehensive Parks and Recreation Plan
Kodiak Island Borough Capital Improvements Program
Kodiak Island Borough, Assembly Resolution No. 79-15-R
Kodiak Island Borough Planning and Zoning Commission
Resolution No. 79-3-R
Kodiak Island Borough Ordinance No, 80-9-0
Kodiak Island Borough Ordinance No. 72-9-0
Kodiak Island Borough Regional Plan and Development Strategy
Draft Summary Report
,0IIIIII(",,,,
1)
Notary iic\i4 and Lor the State of Alaska
Kodiak:, \ask?:
My Commission Expires
My commiss49Yi expires:
Odubel 14, 1934
KODIAK ISLAND BOROUGH
I, Shirley Miller, Kodiak Island Borough Clerk, do hereby
certify that the attached documents, to be true and correct
copies of the Kodiak Island Borough: -
,Ordinance:No.. 69 -8 -0, effective
..August 23, 1969
Borrow-Site- Lease, dated Sept. 10,,1969
to Brechan'.Enterprises, Inc.
Ordinance No. 69 -30 -0, effective
January 18,, 1970
Portion of Assembly Minutes
1974, New Business, Item F
Portion of Assembly Minutes
1977, Page 4, Item K
6. .Resolution No. 81 -1 -R, dated January 9,.1981
7. Assembly Minutes of April 2, 1981, Pages 3. &
4, Old Business, Item C
Portion-of Assembly Minutes of June 4,'1981,
Page.6, Manager's Report, Item -4
of October
of October
,'_ +,
ATTEST.: v)0,, r '
•
erk
. 1
KODIAK ISLAND BOROUGH
ORDINANCE NUMBER 69-8-0
AN ORDINANCE AMENDING CHAPTER 6 OF THE BOROUGH CODE OF
ORDINANCE AND RESOLUTIONS BY ADDING THERETO SUB-CHAPTER 1 TO.
PROVIDE FOR BOROUGH BORROW LEASES
WHEREAS, Chapter 6 of the Kodiak Island Borough Code of
.-Ordinances and Resolutions provides for the disposal of real
property to which the Borough holds title and which in the Opinion
of the Borough Assembly is not needed for or devoted to a public -
i:Use and -
or -e: term of five (5) years or with less than a computed annual, •
inirnum rental of FIVE THOUSAND and No/100th S ($5000.00)-DOLLARS
WHEREAS, Section 14 of Chapter 6, provides that leases
miay be negotiated or offered at public auction in.the-discretion
f the'Borough Assembly-and
WHEREAS, a certain interest has been evidenced in
borrow sites on land tentatively approved for Borough Selection
located in the Bell's Flats area and it is believed that certain
requirements should be set forth for the leasing of such lands for -
.'such,purposes.
BE IT ORDAINED:
Chapter. 6 of the Kodiak Island Borough Code of Ordinances
and Resolutions is hereby amended by the addition of Sub-Chapter 1
entitled "Borrow Leases" as follows:
Sub-Chapter 1 - Borrow Leases
Section 1. Whenever any person desires to lease from
the Borough a borrow site he shall submit four (4) copies of his
preliminary sketch plan to the planning commission before submission
of the final plan. The preliminary plan shall show and contain:
A. The location of present property and section lines,
streets, buildings, lakes and water courses. '
B. The names and adjoining boundaries of all adjoining
subdivisions and the names of recorded owners and
adjoining parcels of the unsubdivided land and
vicinity sketch.
C. North point, scale and date.
D. The plat shall be drawn at a scale of A" =
1" = 50' or 1" = 100'.
d Page One, ORDINANCE'NO. 69-8-0
' - •
stating and including:
] A. The name and address of the applicant.
B. A non-refundable application fee of TWENTY-FIVE and
No/100ths ($25.00) DOLLARS.
C. A general location description in rough metes and
bounds of the general area. This may be shown and
described on the preliminary plat.
D. Use material is to =be put to i.e., general grave1 .
sales, concrete aggregate, asphalt plant, etc.
E. Term of lease - providing,however, it is understood
and agreed that any leases for over five (5) years
shall require a vote of the public for approval.
Section 3. The preliminary plat, after review by the
Borough Engineer or his equivalent under contract, shall be pre-
sented to the Planning and Zoning Commission as required by sub-
division ordinances for their approval. ;
• - " • -
. _ •
• ,•• •
Section 2. An application letter shall be submitted
•
Planning
with the
prepared
-.. • -
Section 4. If the preliminary plat is approved by the
and Zoning Commission, then the applicant shall proceed
final survey, but not before. The final plat shall be .
and submitted as follows:
final plat, which shall be on tracing cloth or
plastic, in ink or in equivalent reprodUcible, and
four (4) prints thereof, together with copies of •
any covenants where such restrictions are too lengthy
• to be shown on the plat, shall be submitted to the
Planning and Zoning Commission. All proposed borrow
leases shall conform to the current Borough general
plan. The final plat shall be drawn in a neat and
accurate manner with border and title block. If more
than two (2) sheets are required, an index sheet
of the same dimension shall be filed showing the - I
entire borrow lease on one (1) sheet with individual,
sheet coverage indicated. The size of the sheets
shall be 8-1/2" x 11", 11" x 17", 17" x 22" or
22" x 24". The final plat shall show:
1. The boundary lines with accurate distances and
bearings and the exact location and widt1162f all
existing and recorded streets intersect4 or
adjoining the boundary of the tract.
2. Grid bearings and distances to the nearest official
monuments, which shall be accurately described
on the plat.
3. State plane coordinates for at least one lease
corner, based on the system utilized by the Borough
for all permanent monuments.
4. The exact layout including: .
(a) the length of all arcs, radii, internal angles,
points of curvature, length and bearing of the
tangents for curvalinear streets;
•
(b) all present roads will be maintained with a ; _
right-of-way running 30' both sides of the exist-
ing center line; . .
(c) all lot numbers and lines with accurate
dimensions in feet and hundredths and with true
bearings to minutes all of which shall close to _
one (1) foot in'five thousand (5,000) feet;
(d) the are& of the entire area to the nearest
square foot;
Page Two, ORDINANCE NO. 69-8-0
5, •
• 1.
•
5. The accurate location, type and material and
'size of all monuments. There shall be at
least one (1) 1-1/2" x 36" concrete filled
galvanized iron pipe with 2" brass monument cap'
or approved equivalent to each two (2) acres
involved (minimum of two). Each corner shall
be marked with a 1/2" x 30" galvanized iron
pipe or equivalent. All monuments and lot:
corners shall be properly identified in the
field with stamped letters and numbers. No
. monument shall be more than 1320 feet from-.
another monument. At least two (2) monuments
shall be intervisible.
6. Name and address of the Lessee and of the
preparer of the plat.
7. North -point, scale and date.
8. The location, size and type of all. proposed
utilities.
9. The basis of bearings.
, .
10. Certification by a registered professional civil
engineer,or land surveyor to the effect that the
plat represents survey made by him and that
monuments shown thereon actually exist and,
.that their location is correctly shown.
11.-'The following may be shown on attached sheets ,-
if their,InOlusion on the plat is impracticable
• but a reference'to each shall be made on the plat:
.(a) private restrictions and trusteeships and -
• their periods of existence;
(b) acknowledgment of the lessee to the plat'
and restrictions;
(c) certificate:of approval_of the Planning
and Zoning Commission, the Borough-Ingineqr or
his equivalent under contract, and the Borough
Assembly; . •
(d) a correct legal description by metes and
bounds of the exterior boundary of the area
• being leased. An example of the statement to
accompany the final plat is as found in the sub-
division regulations example under 5.4.4 and
5.4.5 of the.Kodiak Island Borough Code of
Ordinances and Resolutions.
Section 5. The final survey shall also establish a
base line for cross section quar.ties. This base line shall be
shown on the final plat along with accurate dimensions in feet and
hundredths and with true bearings to minutes all of which ehall •
Close to one (1) foot in one thousand (1,000) feet to the exterior
boundary of the lease. The sections shall be taken at fifty (50)
foot-intervals and at significant topographic breaks at right angles
to the base line along the base line. Sections are to be drawn
on section paper 10" x 10" to the inch on Standard Federal Aid
size sheets. Copies of the original field notes and cross sections
shall be submitted to the Borough with the final plat.
Section 6. When all data has been approved by the Borough
Engineer or his equivalent under contract and submitted to the
Planning and Zoning Commission and Assembly and has received final
approval, the applicant shall pay the minimum annual lease fee and
a lease shall be issued. •
Page Three, ORDINANCE NO. 69-8-0
Section 7. The lease fee shall be ONE THOUSAND TWO
HUNDRED and No/100ths ($1,200.00) DOLLARS minimum per year.
A. The ONE THOUSAND TWO HUNDRED and No/100ths ($1,200.00)
DOLLARS minimum lease payment per year shall apply
to yardage used for that year, to be determined as:
1. Sections shall be taken yearly at the close of
the year's operation and prior to commencing
operation for the next year, and yardage computed
to the nearest yard. These sections shall be
taken by the Borough Engineer or his equivalent
under contract. The applicant shall then pay
for the cubic yards used during the previous
year as follows: .
(a) the first 5,000 yards are to be included in
the downpayment of $1,200.00. In the event that
the yardage used is less than $1,200.00, no
refund will be made.
(b) a charge of $.25 per cubic yard shall be
made for any yardage in excess of 5,000 yards.
2. The applicant shall be required to maintain
excavation slopes at a.grade which will stand.
The top of the slope on the bank may not be -:-.
closer than 10 feet to any property or boundary
line. Excavations are to be kept at a minimum
of 40 feet from the center line of existing roads.
3. No account shall be given for stripped material
in original sections. Inorganic stripping and ,
over burden may be stockpiled and returned to
pit. Thus the applicant shall be given credit
for landscaping and maintaining a presentable and
safe area
4. Organic material is to be disposed of by blirning'
or stockpiling neatly on site for later disposal
and is not to be buried on the site. -
5. The maximum area to be leased shall be twenty
(20) acres and the minimum area shall be three 1
(3). The road centerline shall be used as a
boundary for the leases where the road is a lease
boundary.
6. The lease shall be non-transferable without
written permission of the Borough Assembly. The
application for transfer shall be made to the
Borough Assembly in writing and shall state:
(a) the name and address of the transferee
(b) an acknowledgment that the transferee will
abide with all of the provisions and conditions
of original lease
7. The Borough Engineer or his equivalent under
contract shall be responsible to see that the
provisions for borrow leases are carried out as
set forth.
. Leases shall be on a calendar year basis to
facilitate obtaining quantity measurement. Renewal
of a lease may be issued by the Borough Chairman
upon payment of the annual lease fee and written
certification by the Borough Engineer or his
equivalent under contract that the lessee has
met the terms of the lease for the previous year.
,Page Four, ORDINANCE NO. 69-8-0
.„,
f
I
9. Clean-up of the areas after, the leases have
expired: requires any lessee who abandons or
ceases to use his site within any given 6-month
period to insure that no slopes are left in a
condition which are a grade greater than 2:1.
The working face shall be sloped to 2:1 slope
and the bottom leveled. Final inspection of'
the area shall be made by the Borough. The
sites shall be finished and graded so as to be
left in a neat, acceptable condition. Grading
shall be to a degree that water will not collect
or stand therein, and so that water pollution
will not result in the event of possible erosive
action within the pit, except that draining of
material sources used as bail sites will not be
required.
10. The lessee shall also be required to furnish
the Borough with a tenant's performance bond in
a sum not less than $2,500.00 conditioned on
1essee's faithful compliance with Section 7(a)
above.
Section 8. The lease shall contain a covenant whereby
the lessee or tenant covenants to indemnify and save harmless the
Borough against any and all claims arising from the conduct of
managemeht of or from any work or thing whatsoever done in or about
the leased area or any building or structure thereon or the equip-
ment used in connection therewith during the term of said lease,
or arising during said term from any condition of any right-o5,-
way or access upon the premises or arising from any act or negligence
of the tenant or any of its agents, contractors or employees, or
arising from any accident, injury or damage whatsoever, however
caused, to any person or persons or to the property of any person
or persons, corporation or corporations, occuring during said term
on, in, or about the leased premises or upbn the access or right-
of-way upon said premises or immediately adjacent thereto used in
connection with the demised premises, and from and against all
costs, counsel fees, expenses and liabilities incurred in or about
any such claim or any action or proceeding brought thereon.
'Section 9. Use of property contrary to provisions of 1
this Ordinance shall be and the same is hereby declared to be unlaw
ful and a public nuisance and the Borough Attorney shall upon the
order of the Borough Assembly immediately commence action or
actions, proceeding or proceedings for the abatement, removal and
enjoinment thereof in the manner provided by law, and shall take
such other steps and shall apply to such Court or courts as may
have jurisdiction to grant such relief as will abate such nuisance
and'restrain and enjoin a person from using any property contrary
' to the provisions of this ordinance. All remedies provided for
herein shall be cumulative and not exclusive.
- - •--
' Section 10. Penalties- It shall be unlawful and
deemed a violation of the provisions of this ordinance for any
person, corporation or association to remove borrow material from
any area other than that designated and authorized by the Kodiak
-Page Five, ORDINANCE NO. 69-8-0
• , ,
Sr •
Island Borough Assembly and any person, firm, corporation or
association removing borrow material from any area other than that
designated by the Kodiak Island Borough as herein provided shall be
deeMed guilty of a misdemeanor and upon conviction thereof shall be
fined not more than THREE HUNDRED and No/100ths ($300.00) DOLLARS,
or imprisoned in jail not to exceed thirty (30) days or both such
fine or Imprisonment. Each and every separate act of such person,
firm, corporation'or association shall be deemed a separate and'
distinct violation and subject to an, additional fine and additional
imprisonment or both fine and imprisonment.
Section 11. Severability. In the, even any portion,
section,'sub-section, sentence, clause or phrase of this ordinance
is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision
shall not effect the validity of the remaining portions of this
ordinance.
This ordinance shall become effective thirty (30) days
after its adoption.
ATTEST:
=
KODIAK ISLAND BOROUGH
BY A-vi4
PRESIDING OFFICER
•.
._:2BOROUGH CLERK
First Reading after amendment; July 3, .1969.
Second Reading, Public Hearing & Passage. Date: July 23, 1969
Effective Date: August Tnf 1969
jage'Six, ORDINANCE NO. 69-8-0
•
•Boni= LEASE
THIS AGIZEF1ENT, made and entered into this day of
• 1969, by and between the KODIAK ISLAND BOROUGH, a municipal corporation here-
inafter referred to as the Lessor and .4/-•
of Eodiak, Alaska, hereinafter referred to as the Lessee:
ITITNESSET11:
.WHEREAS, Chapter 6 of the Kodiak Island Borough Code of Ordinances
and-Resolutions provides for the disposal by lease or sale of real property to
which the Borough holds title and which in the opinion of the Borough Assembly
is not needed for or devoted to a public use and
WHEREAS, Section 14 of Chapter 6 provides that leases for a term of
five (5) years or with less than a computed annual minimum rental of FIVE
•THOUSAND and No/100ths (85,000.00) DOLLARS may be negotiatedcr offered at
public auction in the discretion of the Borough Assembly and
WHEREAS, Kodiak Island Borough Ordinance Number 69-8-0 amended
Chapter 6 of the Kodiak Island Borough Code of Ordinances and Resolutions by
adding thereto Sub-Chapter 1 to provide for Borough Borrow Leases and
WHEREAS, the Lessee herein has evidenced an interest in and has made.
application for a Borrow Lease as provided in Sub-Chapter Resolutions above
referred to which by reference hereto are made a part hereof as though set
forth in full.
NOW, THEREFORE, the Lessor, for and in consideration of the sum of
ONE THOUSAND TWO HUNDRED and No/100ths ($1,200.00) DOLLARS, cash in hand paid,
the receipt of which is hereby acknowledged and receipted for, which sum
represents the minimum lease payment for one year as provided in Section 7 of.
/9-z-cr cs
ALc.'
Page One, BORROW SITE 'LEASE
•
yezzieeQ
xj
Ordinance No. 69-8-0,'and of the covenants and agreements hereinafter con-
tained, on the part of the Lessee to be paid, kept and performed, has granted,
demised and leased, and by these presents, does grant, demise and lease unto
the. Lessee, for the sole and only purpose of mining and operating for and
marketing of such quantities of sand and gravel as may be found in and on all
that certain tract of land situated in the Kodiak Island Borough, Third Judicial
District, State of Alaska, described as follows, to-wit:
Beginning at the Alaska Division of Lands Triangulation Station "YAK" '
thence 2°60° 541 13" E., 440.07 feet along the centerline of Uyak Drive to a
point of curvature; thence 237.94 feet along the road centerline, and a curve -V
to the left having a radius of 27).28 feet; thence N. 68° 39'361: E., 420.09
feet along the road centerline to the intersection of Uyak Drive and Sargents
Creek Road; thence along the centerline of Sargents Creek Road N. 30° 12'29" W.,
87.22 feet to a point of curvature; thence 245.29 feet along the road centerline
and a curve to the right having a radius of 946.67 feet, thence N. 15° 21'45" W.,
56.51 feet along the road centerline te a point of curvature;' thence 283.32 feet
long the road centerline and a curve to the right having a radius of 421.16 feet,
thence N. 23° 10'45' E., 81.56 feet a:ong the road centerline to a point intersects
thence N. 55° 53'131' W., 405.37 feet along the road centerline to the intersection
of Sargents Creek Road and Middle Bay Drive; thence S. 740 14'36" E. 155.54 feet
along the centerline of.ltiddle Say Dive to apoint of curvature; thence 207.29 feet
along the road centerline and a curve to the left having a radius of 580.00 feet;
thence S. 530 45'56" W. 216.18 feet along the road centerline and a curve to the
left having a radius of. 621.42 feet; thence S. 31° 59156" W., 324.08 feet along the
road centerline to' the intersection of Middle Bay Drive and Uyak Drive, thence
S 60 54'13" E., 311.96 feet along the centerline of Uyak Drive to the po,int of
beginning. Thereby containing 20.2E4 acres more or ]es b including a 30 foot wide
right-of-way therein.
months or longer::
Lessee agrees to abide with and be bound by the covenants and condi-
tions contained in Ordinance No. 69-8-0, a copy of which is attached hereto
and by reference made a part hereof as though set forth in full and
Lessee covenants to indemnify and save harmless the Lessor against
any and all claims arising from the conduct or management of or from 'any work or
• •,
thing whatsoever done in or about the leased area or any building or structure
Page two, BORROW SITE LEASE
' .
thereon or the equipment used in connection therewith during Oe term of this
lease, or arising during said term from any condition of any right-of-way or
access upon the pre
ses or arising from any act or negligence of the Lessee
or any of his,or its agents, contractors, or employees, or arising from any
accident, injury or damage whatsoever, however caused, to any-person or persons
or to the propertyof any person or persons, corporation or corporations, occur-
ring
during said term on, in, or about the leased premises or upon the access,
or right-of-way upon said premises or immediately adjacent thereto used in
connection with the demised premises, and from and against all costs, counsel
fees, expenses and liabilities incurred in or about any such claim or any action
rv
or proceeding brought thereon.
IN WITNESS WHEREOF, the parties hereto have caused these presents to
= be executed the day and year first above written.
L
KODIM ISLAND BOROUGH „ - •
BY:
Boroug Chai rman
ATTEST:1(7)
Page Three, BORROW SITE JFSE
Borough Clerk
gin
r
STATE OF ALASKA
THIRD JUDICIAL DISTRICT )
SS.
ON this the /0 day of September, 1969, before me, the under-
signed, a Notary Public in and for the State of Alaska, duly commissioned
and sworn, personally appeared Fred C. Brechan, who acknowledged himself
to be the President of Brechan Enterprises, Inc., a corporation, and that
he, as such President, being authorized to do so, executed the foregoing
instrument for the purposes therein contained, by signing the name of the
corporation by himself as President.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal this /d day of September, 1969.
THIRD JUDICIAL DIS
)
CT )
SS.
NOTARY PUBLIC FOR ALASKA
My Commission Expires:
EDITH A. GLENNIONI
Notary Public
In And For The State of Alaska
My Commission Expires on May 13, 1972
THIS IS TO CERTIFY THAT before me, the undersigned, a
Notary Public in and for the State of Alaska, duly commissioned and
sworn as such, personally appeared Esther B. "Jo" Haddu
Borough Chairman, and Norma L. Holt , Borough Clerk, both
officers of the Kodiak Island Borough, a municipal corporation, who
severally acknowledged that as such Borough Chairman and Borough Clerk
and for and on behalf of the Kodiak Island Borough they each signed
and delivered the foregoing Borrow Site Lease on the day and year
therein written pursuant to the authority granted to them by the
Borough Assembly of the Kodiak Island Borough.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal this /0 day of September, 1969.
NOTARY PUBLIC-FOR ALASKA
My Commission Expires:
EDITH A. G1ENNON1
Notary Public
In And For The State of Alaska
MyCornmission Expires on May 13, 1972
Page Four, BORROW SITE LEASE
KODIAK ISLAND BOROUGH
ORDINANCE NO. 69-30-0
AN ORDINANCE ZONING THE AREA COMMONLY KNOWN AND RE-
FERRED TO AS BELL'S FLATS. •
.WHEREAS, AS 07.15.340 empowers the Borouah to enact
a zoning ordinance and provide for its administration, enforcethent
andamendment, and
WHEREAS, the Kodiak Island Borough has pursuant
hereto adopted Chapter Five (5) 'of. its Code of Ordinances and
Resolutions, which provides for planning and zoning provisions
and procedures, and
.,..,-WHEREAS,,a'C'Cording to the comprehensive planning and
zoning map adopted by. the Kodiak Island Borough, the area known
as BELL'S FLATS was under the ownership of the United States Govern-
ment and therefore was not zoned at the time of the adoption of
such map and should now be zoned as:portions thereof are owned by
the Kodiak Island Borough and by the State of Alaska and it i5
in'the best interests of the convenience, general welfare and good
zoning practice,
NOW, THEREFORE, BE IT ORDAINED by the Kodiak Island
Borough Assembly that the area commonly known as BELL'S FLATS,
BELL'S FLATS Subdivision and RUSSIAN CREEK subdivision be and the
same is hereby zoned as follows:
Section One. The whole area above referred to is
zoned unclassified with the exception of the following:
Tracts A and B which are Borrow sites are hereby
zoned "industrial".
Section Two. Notice of this ordinance shall be given
by publication in the Kodiak Mirror seven (7) days prior to the
second reading and a public hearing:shall be held thereon on the
date of the second reading and this ordinance shall become effective
Page One, ORDINANCE
at the expiration of thirty (30) days after its adoption.
OROUGH CLERK
KODIAK ISLAND BOROUGH
BY: INAT-—T-
CHAiRMAN
BY:
P S
•irst reading and approval date December 42 1969.
Second reading, - public hearing and passage date,
December 18, 1969.
. Effective date, January 18, 1970.
Page. Two, ORDINANCE
0D|AK ISLAND BOROUGH ASSEMBLY MEETING
TOBER 3, 1974
NEW BUSINESS (continued)
F. Renewal of Brechan Borrow Site - Mr. Brechan has already paid his
annual fee. Mr. Anderson moved for approval of Brechan Enterprises;
renewal on their Bo'-row Site.. Seconded by Mrs. Wallin. Motion passed
by unanimous roli cal! vote.
{]id Business (b) Review of Radio Station -
Mr. Bailey indicated that they need approval before they can Submit
their application. Mr. Powell stated that we could give tentative approval
to the broadc:stinj station, or give the chairman authority .toicraoeed, Mr..
i|ay stated that the $700 monthly rent was too much money to set up the station in the
Borough Building, and that they would have to look for someplace else. Mr. Wood
stated that the Borou8h has-received criticism from competitive enterprise.
Mr. Bailey stated thot he feels there is no competition involved. He wants
the other station to do well and if commercial time is sold the Educational
Broadcasting station will be put off the air. Mr‘. Powell stated that he was
under the impression that this station will be funded 1O096 by the State for the
first year on a trial basis. Mr. Bailey stated that the legislature has funded
$40,000` Mr. Powel! asked \f they had any aRernate sites K8r. Bailey stated
that the sch:..c! had a trailer they could look into using. A suggestion
was made for the school to fund some money for rent sincmthis was tobeom
educational station. The Assembly concurred to have the Borough Mayor and
staff pursue this matter with Bob Greene over the weekend. Mrs. Wallin would
like to meet with the Borough Attorney on this matter also.
MAYOR'S COMMENTS
A. Purchase of radios for the hospital - Mr. Wood erke:-!if the Assembly
wanted to expend money for the hospitai. Mr. Powell stated that the City and
Borough both have purchased a lot of radio equipment this year and what
was this actually tor' The assembly asked that Chief Rhines be contacted
and have him explain this to the Assembly, before they go any further on this matter.
B. Mr. Wood stated that we still have not recieved any applications for
Mr. Hickman's position, but they are pursuing the position ofa planner to
take his place. Which will benefit the Borough and the Planning and Zoning
Cononniosinna|so' Mr. Wood stated that $5,000 needs to be allocated in order
for tha.Statm10 have matching grants for the study on having a planner..
C. Mr. Wood stated that due to the fact that we could not receive a PA system
from Seattle, he has talked to Ben Ardinger on possibly getting one from him.
He stated that it will cost a little over $1000 and he needs approval from the
Assembly. Mr. Anderson moved for approval for spending $1000 for the PA
system for the !3oruughChan/ber' Seonded by Mrs. Wallin. Motion passed by
unanimous roll call vote.
Mr. Anderson moved to spend up to $6000 Os a contribution for the study of
a planner position. Seconded:`byK4rs. Wallin. Motion passed by unanimous
roll call vote.
ASSEMBLY COMMENTS
AUDIENCE COMMENTS
Mr. Large asked what happened to his request to tease a portion of block 39,
East Addition. Mrs. Holt stated that he will redeye in the mail.
ADJOURNMENT
The meeting adjourned at S.': 05 p .m.
APPROVED:
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7-TING OCTOBER E. 1977 PAGE 4
c. ;177-43-R, the final plat for a resubdivisien.
'Iarshall) Hrs. Wallin moved to acct resolution
Seconded by Nrs. Kavanaugh. Motion carried by
ious roll call vote
solution j117-49-R Aiding the Indian Health Scrvico in
proviiin:7 adequate water supply facilities for residents of
old Harbor and authorizing repres::.ntation in matters concern-
;g Old Harbor Industrial Water Supply. Mrs- Kavanaugh moved
to accpt the resolution. Seconded by Mrs. Wallin. Motion
sy unanimous roll call vote.
— •
E. flesolution ff77-50-R approving the final plat for a resub-
division of Lot 7 Block 7, Monashka Bay, AI(' Subdivision.
117s. Kavanaugh movd to accept the resolution. Jeconded by
:Ix's. Wallin. Motion carried by unanimous roll call vote.
-;'1-; Resolution #77-51-R establishing a moratorium on all rezoning
activity. Mrs. Wallin read the resolution. Mrs. Kavanaugh -
oved to table the adoption. It was stated she was not in
order. Mrs. Wallin moved that the resolution be adopted.
000ndd by Mr. Jack. Motion carried by unanimous roll call '
vote
G. Tax adjustment-Willis Benson. Assessment figures wore
' incorrect; improvement was not shown on the billing. Hrs.
Wallin moved to accept the adjustment. Seconded by Mrs.
Kavanaugh. Motion carried by unanimous roll call vote.
Ai. Tax adjustment-Frenchy'Lamoreaux.. Mr. Lamoreaux no longer
has any buildings on this lease site. Mrs. Kavanaugh moved
-to accept the adjustment. Seconded by Mrs. Wallin. Motion
carried by unanimous•roli call vote.
l. Tax adjuStment-Barbara M. Haler°, Trustee cio Br dehop.
:This property was re-platted to Lots 5 & 6 Thorsheim Subdivi-
.
ion and was taxed on the new legal description. Mrs.
:Kavanaugh moved to accept the adjustment. Seconded,by Mrs.
Wallin, • Motion carried' by unanimous roll call vote.
J. General Fund Budet Report Summary-August 1977. Mrs.
Kavanaugh moved to accept the report. Seconded by Mr. Jack.',
Motion carried by unanimous roll call vote.(School District)
Borrow Site Lease Renewal P-1, Bells Flats AK Subdivision.
,Airs. Kavanaugh read the correspondence. Brechan Enterprises
r'equested a renewal for borrow site lease on Parcel P-1 which
-=,technically expired on September 10, 1974. Mrs. Wallin moved
to approve the normal five-year leasehold rctroactivelV,
5inning September 11, 1974 through September 10, 1979, and
further approving the normal annual renewals for each respec-
tive year through September 10, 1970. Mrs. Kavnaugh seconded.
Motion carried by unanimous roll call vote.
L. Mechanical Systems_ Study Main School & Junior High. The
correspondence was read by Mr. Jack. Mrs ..Wallin moved that
the mechanical engineering consultin firm, Crews, MacInnes
and Hoffman, proceed with the engineering investigations
expeditious manner,to.accc7.plish a mechanical systems study
Ot th,, main and Junior High School buildings. Seconded by
S. Kavanaugh. .Motion carried by unanimous roll call vote..
Joint Agreement for the Use & Operation of Gymnasiums-and
Swiriupg Pool. Mrs. Kavanaugh read the correspondence. Mrs.
moved that the proposed joint agreement between"
1<c:dak Island Bor,ouh, the Borough School District, and
Kodiak be conditioned upon the amendment of Section
! 4
le agxeement n lines 93 and 99 as follOws:
,sorouqh (I-ner,l,Cover-m.ant. and School Dist,÷
KODIAK ISLAND BOROUGH
Resolution Number 81- 1-R
A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY
:•SETTING FORTH THE TERMS AND CONDITIONS FOR A PUBLIC SALE OFFERING
OF BLOCK 3, TRACT A, BELL'S FLATS ALASKA SUBDIVISION.
WHEREAS, Block 3 of Tract A, Bell's Flats Alaska Subdivi-
i
Ision commonly referred to as parcel P-1 has been the site of a
major gravel extraction and gravel processing -Site in the Kodiak
!Island Borough, and
..•
WHEREAS, the negotiate borrow lease on the parcel expired -.
September 9, 1979, and
: WHEREAS, the site is zoned industrial, and
WHEREAS, the Kodiak Island Borough Assembly has determined
. . . . .
the site is surplus to the borough needs and should be offered for '
•";P:,- . _.
sale with conditions to reclaim the site to meet the minimum
,
standards allowed by the industrial zoning ordinance;
NOW THEREFORE,..the .Kodiak Island Borough As
authorizes Block; 3 of Tract A, Bell's Flats Alaska Subdivision
. • •
, • • •
•
•
e Offered for sale subject to the following.terms and conditions:
■:1
i•
1. Bidders must qualify prior to bidding-by having an
approved development plan as provided in Section
18.20.090 of the K.I.B. Code of Ordinances.
• 2. The development plan shall include provisions to re-
claimthe site to the minimum grade line'as provided in
the.industrial zone ordinance by April 15, 1991.
3. The minimum appraised value. is to be,determined by
a fee appraiser.
4. The approved development plan submitted by the
successful bidder is to become a performance condition
of the purchase agreement;
5. Ten percent interest is to be charged on the remaining
contract balance. The contract purchase period is not
to exceed 20 years.
y, •
/•"'-`\,
6. Failure to complete reclamation of the site as oro-
vided in the development plan by April 15, 1991 shall
be cause to foreclose on the deed of trust agreement.
7. All other general conditions shall be as provided in
Title 18.20 and 18.30 of the K.I.B. Code of Ordinances:
The public auction of the parcel is to take place at
1:30 P.M. April 18, 1981 in the Borough Assembly
Chambers.
PASSED this 9th day of January , 1981.
A:if)
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Mayor
KODIAK ISLAND BOROUGH
•
KODIAK ISLA1D BOROUGH ASSEMBLY MEETING-- APRIL 2, 1981
( A Verbatim Record is on File in the Clerk's Office)
I CALL TO ORDER
The meeting was called to order by Mayor Ogg at 6:35 P.M. in the
Borough Assembly Chambers.
II ROLL CALL
Present Absent
Mr. Anderson
Mr. Arndt
Mr. Herrnsteen
Mr. Murray (arrived 6:36PM)
Mr. Peotter
Mr. Wakefield
Mr. White
Mayor Ogg
A quorum was established.
III ACCEPTANCE OF AGENDA -
Mr. Anderson moved to close the agenda. Seconded by Mr. Peotter.
Unanimous voice vote.
IV MINUTES OF PREVIOUS MEETINGS
A. Assembly - Reg. - March 5, 1981
B. Assembly - Spec.- March 17, 1981
Mr. Peotter moved to accept Items A & B. Seconded by Mr. Wakefield.
Unanimous voice vote.
V MINUTES OF OTHER MEETINGS
A. .Mental Health - Reg..- Jan. 28, 1931
Spec. - Feb. 24, 1981
B. KIBSD - Reg. - Feb. 23, 1981
Reg. - March 9, 1981
C. P & Z - Reg. - Feb. 18, 1931
D. Bells Flats Service District - Reg. - Feb. 11, 1981
E. Health Resources - Reg. - Feb. 4,'1981
F. O.C.S. - Reg. - Feb. 17,- 1931
Mr. Peotter moved to accept Items A, B, C, D, E & F. Seconded by
Mr. Herrnsteen. Unanimous voice vote.
VI COMMUNICATIONS & APPEARANCES
e-
A. Girls Basketball Team Awards
Resolution No. 81 -15 -R Honoring The Kodiak Island Borough High School
Championship Girls Basketball Team For 1981.
Mr. Peotter moved to adopt Resolution No. 81 -15 -R. Seconded by Mr.
Arndt. Unanimous voice vote.
Mayor Ogg presented award certificates to each of the girls and coaches.
B. Letter to Timberline
Mr. Peotter moved to extend the lease of Mr. Reed Oswalt on that portion
of ADL 44355 (Sawmill Lease Site r76 -1) until such time as the Borough
Assembly awards or denies his application for a new lease. Seconded by
Mr. Arndt. Motion carried 6 -1 with Mr. Wakefield casting the NO vote.
C. Karluk IRA Council Letter re: Erosion
Mr. Peotter moved that this matter be referred to the Planning Department
KIB ASSEMBLY FLEETING - APRIL 2, 1931
Page 2
for tneir study and report back to us to see what available funds we
can get through grants to assist in this problem and what action we
can take. Seconded by Mr. Herrnsteen. Unanimous voice vote.
D. Letter re: Afternoon Delight
No Action Taken.
E. Architects Report on Hospital Inspection 3 Recommendation
Discuss items one, two & three as outlined in Mr. MacFarlane's report
at the April Work Session.
F. Proposed Rifle Range / Salonie Creek
No Action Taken.
G. Proposed Amendments To The Alaska Coastal Management Act
Mr. Anderson moved to accept Staff's recommendation on this.
Seconded.by Mr. Herrnsteen. Unanimous voice vote.
H. 0.C.S. Appointments
The Chair wishes to re- appoint Mr. Jeff Stephan and Mr. Alvin Burch
to the 0.C.S. Council.
Mr. Peotter moved to ratify the appointments of Mr. Stephan and Mr.
Burch to the 0.C.S. Council. Seconded by Mr. Herrnsteen. Unanimous
voice vote.
I. Mental Health Appointment
The Chair would like to appoint Vicky Hester, Carl Kunkle and Mark
Routzahn.for the three (3) year terms.
Mr. Peotter moved to ratify the appointments of Vicky Hester, Carl
Kunkle and Mark Routzahn for three year terms on the Mental Health Board.
Seconded by Mr. Herrnsteen. Unanimous voice vote.
J. Health Resources Appointment
Mayor Ogg accepted the resignation of Ms. Joan Minks and appointed
Mr. Van Wieringen to fill the unexpired term.
1r. Peotter moved to ratify the appointment of Mr. Van Wieringen
until November. Seconded by Mr. Anderson. Unanimous voice vote.
Letter from Loren D. Halter, M.D. to Mr. Van Wieringen re: Use of
hospital for containment of disturbed patients was read by Mayor Ogg.
Mr. Van Wieringen suggested this be taken up at the Work Session
along with the report from Mr. MacFarlane. There was no objection
from the assembly.
VII PUBLIC HEARINGS
A. Ord. No. 81 -12 -0 Amending Title 17 Of The Kodiak Island Borough
Code Pertaining To Zoning (2nd Rdg.)
Mr. Peotter moved to adopt Ordinance Igo. 81 -12 -0. Seconded by Mr.
Herrnsteen.
Regular Session closed:
Public Hearing opened: No Comments.
Public Bearing closed:
Regular Session opened:
Motion carried by unanimous voice vote.
B. Ord. No. 31 -13 -0 Rezoning Lots 1A, 1B, 1C, Block 1, Emmons Addition,
USS 2843, Lots 1, 2A, 2B, 3A, & 3B, Block 2, Emmons Addition, USS 2843
And Lots 16A1 and 16B, USS 3099 From Rural Residential To R -2.
(Beehler, Anderson, Emmons, Finley, Magnussen, Never & Dick)(2nd Rdg)
Mr. Peotter moved to postpone Item B until the May meeting. Seconded by
4r. White. Unanimous voice vote.
KIB ASSEMBLY MEETING - APRIL 2, 1981 Page 3
C. Ord. No. 31 -14 -0 Pertaining To Assessment Of Costs For Operation
And Maintenance With Respect To Capital Improvement (2nd Rdg)
Mr. Peotter moved to adopt Ordinance No. 81 -14 -0. Seconded by Mr.
Herrnsteen.
Regular Session closed:
Public 'Hearing opened:
Mr. Arndt: (as a concerned individual)Residents are concerned that
they not be assessed these maintenance costs if they cannot utilize
the service.
Public Hearing closed:
Regular Session opened:
Mr. Anderson moved to amend by-adding Section 1. B. A property that
is unable to be served by a capital improvement because of topography
or distance shall not be assessed. Seconded by Mr. Arndt.
Mr. Herrnsteen moved -to amend the amendment by adding for operation
and maintenance. Seconded by Mr. Peotter. Amendment carried 4 -3
with Mr. Anderson, Mr. Murray and Mr. Wakefield casting the NO votes.
The amendment as amended carried 5 -2 with Mr. Anderson and Mr. Murray
casting the NO Votes.
Main motion as amended carried 4 -3 with Mr. Anderson, Mr. Murray and
Mr. Wakefield casting the NO votes.
D. Ord. No. 81 -15 -0 Creating And Appointing A Uniform Building Codes
Board Of Appeals (2nd Rdg)
Mr. Anderson moved to defer as per staff recommendations. Seconded by
Mr. Arndt. Unanimous voice vote.
VIII OLD BUSINESS
A. Ord. No. 31 -10 -0 Providing For Negotiated Lease Of Borough Owned
Real Property. (Tabled)
Mr. Anderson moved to remove from the table. Seconded by Mr. Wakefield.
Unanimous voice vote.
The Chair wishes the assembly to substitute the re- written copy that
was a handout. (1st rdg) -
Mr. Peotter so moved. Seconded by Mr. Arndt. Unanimous voice vote.
B. Kodiak Auto Wrecking & Salvage Lease
No Action Taken.
C. Reconsideration of Sale of P -1
Mr. Wakefield moved not to sell P -1. Seconded by Mr. White.
(Public Testimony).
Debbie Walser: (resident of Bells Flats & on P &Z Commission) thinks the
Borough should hold off on any sale until things are the way they should
be,i.e. Comp. Plan updated.
Walt Ebell: the industrial area provides the community with necessary
services.
Andy Brumbaugh: (electronics) for the sale.
John Pugh: (representing City) reiterated the letter received from the
City as to the necessity of this area.
Dennis Zwiefelhafer:.a decision should be made.
Bruce Moss: under impression that when the gravel on there was gone it
would no longer be used.
Arthur Olds: (works for Brechan) "please think of what you're doing ".
KIB ASSEMBLY MEETING - APRIL 2, 1931
Page 4
Bill Williams: We believe that the zoning in our area is not in
conformance to good zoning practices. We ask that the Borough
retain the land in their possession until such time as this action
has taken place.
Leo Kinney: (U.S.C.G) the Coast Guards biggest concern with parcel
P -1 is, if you sell it and it is as unlimited industrial land that
you will have started a chain of events that will cause a large
industrial development in that area.
?like Brechan: $1. original ordinance was not in error, it was
created for a need, #2. feels they do want to•close us and
#3.feels its gone on long enough. I think the time is now, to
sell it and be done with the matter.
Motion not to sell P -1 failed 3 -4 with Mr. Herrnsteen, Mr. Wakefield
and Mr. White casting the YES votes.
Mr. Peotter moved that the sale proceed forty -five (45) days following
the receipt of the appraisal of the property and fifteen (15) days
prior to the sale the Borough will review the development plans.
Seconded by Mr. Arndt.
Mr. Peotter moved by substitution that the land be sold forty -five (45)
1 days after the receipt of the appraisal and that fifteen (15) days prior
to the sale all proposals must be received by the Borough Clerk for -
Assembly review prior to the date of sale. Seconded by Mr. Arndt.
1-lotion carried 5 -2 with Mr. Herrnsteen and Mr. Wakefield casting the NO votes.
D. Res. No. 81 -8 -R Authorizing The_Finance Officer To Effect Certain Line
Item Changes In FY 80 -81 Budget,Per Ord. No. 80 -21 -0.
IMr. Peotter moved to direct Mr. Weeks to draw up an ordinance and
2 resolution to rectify the budget for the $155,000 to come before
the assembly at the special meeting on April 16. Seconded by Mr. Arndt.
Unanimous voice vote.
+ Mr. Peotter moved to adopt Resolution No. 81 -8 -R. Seconded by Mr. Arndt.
Unanimous voice vote.
IX MANAGERS REPORT
• 1. Memo re: Aviation Hill Houses (Mental Health & Head Start)
Mr. Peotter moved that Staff be directed to get an estimate of cost for
the moving and the placement of the building and report back to the
assembly at a work session what those costs would be and where those
funds could come from in our current budget. Seconded by Mr. Anderson.
Unanimous voice vote.
Mr. Peotter moved that the proposed site, with the necessary surveying
or what has to be done to the proposed site be done and that site be
designated for the Mental Health site. Seconded by Mr. Anderson.
Unanimous voice vote.
2. Letter on Sawmill Circle /Lakeview Drive - Info only
3. Service District I Letter
Information only.
4. Resolution No. 81 -16 -R Supporting SB 252
Mr. Peotter moved to adopt Resolution No. 81 -16 -R. Seconded by Mr.
Wakefield. Unanimous voice vote.
5. Resolution No. 81 -17 -R Supporting HB 262
Mr. Wakefield moved to adopt Resolution No. 81 -17 -R. Seconded by
Mr. Anderson. Unanimous voice vote.
6. Resolution No. 81 -18 -R Supporting SB 25 and SB 26
Hr. Peotter moved to adopt Resolution No. 81 -18 -R. Seconded by Mr.
White. Unanimous voice•vote.
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KIBASS[MBLYMEETING - April 2, 1931 Pages
7. Memo: FY 81 COBG Information Report
Mr. Anderson moved that the Staff be directed to work on this problem
and come up with the best solution they can: Seconded by Mr. Herrnsteen.
Motion carried with no objection.
8. Borough/State Land Settlement
No Action Taken. (Special Meeting - April 16)
9. Memo: AK Native Foundation & KANA OCS Meeting
No Action Taken.
10. Memo: In House Survey - Engineering Department
11. Auto Allowance v. Vehicle Purchase or Lease
12' FMA Recommendations on IBM System 34
The above three items will be taken up at the Assembly & Staff
Work Session - Tuesday, April 7 at 7:00 PM.
13' Resolution 81-19-R Transferring Monies within the Energy Grant Fund
Mr. Murray moved to adopt Resolution No. 81-19-K. Seconded by Mr.
Peotter.
Mr. Peotter moved to defer action until later in the meeting. Seconded
by Mr. Wakefield. Motion carried with no objection.
24. Memo: Request for Change Order - Cottonwood Circle/Willow Circle
Mr. Murray moved to authorize the Engineer to proceed with the existing
contract for the completion of Willow Circle and to come back to the
assembly once that is completed within budget and then deal with the
question of Change Order. Seconded by Mr. Peotter.
Mr. Arndt moved to amend to approve the request of the Change Order
and get both of them done now. Seconded by Mr. Anderson.
_
Amendment carried 6-1 with Mr. Wakefield casting the NO vote.
Main motion as amended carried by unanimous roll call vote.
(13) Hr. Murray moved to un-defer Resolution 81-19-.n' Seconded by Mr.
Wakefield. No objection.
Mr. Peotter moved to amend-to change the title under Transfer from:
to Regional Fuel Oil Delivery Analysis in the amount of $25,000
and under Transfers to: amend by putting in Energy Management And
Control in the amount of S10,000 and Work Force Training 516`000
for a total of $25`000' Secnhded by Mr. Arndt. Amendment carried
with no objection.
The main motion as amended carried by unanimous voice vote.
X NEW BUSINESS
A. 81-82 Budget Presentation (Information only)
No Action Taken
D. Res. No. 81-12'3 Authorizing Application For A Grant Increase Of
State Funds For Service District l Wastewater Facility Plan, State
Grant Offer C-020069.
Hr. Herrnsteen moved to adopt Resolution No. 31-12-8. Seconded by Mr.
Anderson. Unanimous voice vote.
C. Res. Ho. 31'14-n Authorizing Purchase of 25 KW Generator for Larsen Bay
:Ir. Anderson moved to adopt Resolution No. 81-14-x. Seconded by Mr.
Herrnsteen. Unanimous voice vote.
Mr. Herrnsteen moved to award the bid to Alaska Marine & Equipment, Inc'
in the amount of 59,433.14 (FOB Kodiak). Seconded by Mr. Anderson.
Unanimous voice vote.
KIB ASSEMBLY MEETING - April 2, 1931
Page 6
D. Ord. No. 31 -8 -0 Amending The Kodiak Island Borough Comprehensive
Land Use Plan (Koniag, Inc.)(1st Rdg)
Mr. Peotter moved to adopt Ordinance No. 81 -8 -0. Seconded by Mr.
Anderson. Motion carried with no objection.
E. Ord. No. 81 -9 -0 Rezoning Approximately 45 Acres + Within USS 2539
From Conservation To Industrial. (Koniag, Inc.)(1st Rdg.)
Mr. Peotter moved to adopt Ordinance No. 31 -9 -0. Seconded by Mr.
Wakefield. Motion carried with no objection.
F. Purchase Application on USS 2332, Iron Creek, Raspberry Island
(James 1 Karen Schauff)
Mr. Peotter moved that the Planning Dept. be directed to divide the
parcel up and offer it for sale. Seconded by Mr. Herrnsteen.
Unanimous voice vote.
G. Ord. No. 81 -16 -0 Amending Section 2.16.080 Of The Kodiak Island
Borough Code (Ord. No. 74 -6 -0 Section 1- PART)(1st Rdg)
Mr. Peotter moved to adopt Ordinance Ilo. 81 -16 -0. Seconded by Mr.
White. Motion carried 4 -3 with Mr. Anderson, Mr.' Herrnsteen and
Mr. Wakefield casting the NO votes.
H. KIBSD Revenues & Expenditures Report - Feb. 1931
Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Wakefield.
Motion carried with no objection.
I. KIB Detailed Budget & Revenue Report - Feb. 1981
Mr. Peotter moved to acknowledge receipt. Seconded by Mr. Wakefield.
Motion carried with no objection.
XI MAYORS COMMENTS
1. Request to designate May 10 -16 as Small Business Week.
Mayor Ogg proclaims May 10 -16 as Small Business Week on Kodiak Island.
2. The Chair would like to have a motion to direct the Planning Staff
to work on sales of Borough owned land along the road system.
Mr. Herrnsteen so moved. Seconded by Mr. Peotter. Motion failed 2 -5
with Mr. Herrnsteen and Mr. White casting the YES votes.
XII ASSEMBLY COMMMENTS
Mr. Peotter: No Comments
Mr. Herrnsteen: No Comments
Mr. Arndt: No Comments
Mr. White: No Comments
Mr. Murray: 1. Mental'Health Budget on next Work Session.
2. Would like staff to write villages re: the best time
for them for the assembly to travel to meet with them.
Mr. Wakefield: I need to know the schedule for this month.
Mr. Anderson: 1. "Crisis.-Management"
2. B Tract in Bells Flats: I think it's time we did something
on the tract one way or another.
XIII AUDIENCE COMMENTS
John Felton (Felton Construction): If you have several persons responsible
and have someone inspect it to be sure everything is up to standards and
if it's not just pull their pit. I think you can see that we have demonstrated
that for what we've done out there that it is developed according to what it
should be. I was told last year that any changes or proposes we would hear
about. I would appreciate having that then I could know which way your think-
ing is going. I do have a lot of investment in this.
Frenchy Richardson : I have been trying to get myself some gravel out
there for four years paying the filing fees & etc. I haven't gotten any
rock yet. I think we should get on the ball and either take it off the
market or lease it out.
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KIS ASSEMBLY MEETING - April 2, 1981 Page 7
Mike Brechan: Even though my competition is saying he wants gravel,
I am for it. Two-years ago we spent some time with Mr. Anderson and
the members of P & Z to find out what the Borough wanted done with the
B Tract. We have volunteered our time, our studies and we've come up
with proposals and it's about time that the Borough, as a body, sat down
and made decisions as to how they want it developed and what they
want it to look like at the far end.
XIV ADJOURNMENT
Mayor Ogg adjourned the meeting at 12:00 midnight.
Borough Mayor
ATTEST:
Borough Clerk
1'
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KIB ASSEMBLY MEETING June 4, 1981 PAGE 6
3. KIBSD Request for Purchase of Chiniak Trailer for Teacher Housing
Mr. Anderson moved to exercise the option. Seconded by Mr. Wakefield.
Motion carried 6-1 with Mr. Herrnsteen opposing.
4. P-1 Sale (Block 3, Tract A, Bells Flats AK Subd.)
The Chair will entertain a motiOn that Mr. Brechan's Development Plan
is an acceptable plan for the purpose of the sale of P-1.
..Nr, Anderson so vmved. Seconded by Mr. Peotter.
Mr. White moved to amend by the addition l' a. on 2 will say'
1981 - 82 The planting of trees along Uyak and the erection of a fence.
` Seconded by Mr. Herrnsteen. Amendment carried 4-3 with Mr. Arndt, Mr.
Hurray and Mr. Peotter casting the NO votes.
motion as amended carried 0-1 with Mr. White casting the NO vote.
Mr. Peotter moved to go into Executive Session to discuss legal
some matters of personnel. Seconded by Mr. Herrnsteen. Vnanfmuvs voice vote.
''Mr. Pdotter reported out of Executive Session : (LEGAL) �
`We are facing temporary restraining order-regarding
some li d'
-' we"hayeqiven the attorney directions to follmv regarding the litigation.
(PERSONNEL) The Assembly has.negotiated with Mr. Hansen so that when the new
manager comes on board Hr. Hansen will be available as a consultant
at a s40 an hour rate when he is in the building and $10 oar
telephone consultation.
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PLANNING AND ZONING COMMISSION MINUTES
BELLS FLATS AND COMPREHENSIVE PLAN ACTIONS
.
Meeting Action
Date Page Regarding: Taken
1.19.77 3 Subdivision, Lot 2, Block 5 Approved
3.16.77 4 Subdivision, Lot 4, Block 3 Approved
4.20.77 1 Subdivision, Lot 2, Block 3 Approved
4.20.77 1&2 Subdivision, Lot 3, Block 1 Approved
5.18.77 1 Final Subdivision, Lot 2, Approved
Block 3
5.18.77 2 Subdivision, Lot 2, Block 6 Approved
6.15.77 1 Subdivision, Lot 13, Block 7 Approved
7.20.77 1 Resubdivision, Lots 4 & 5, Approved
Block 2
"8.17.77 5 Regional Plan Discussed
9.21.77 1 Final Plat, Lot 13, Block 7 Approved
9.21.77 1 Final Plat, Lots 4 & 5, Approved
Block 2
9.21.77 3 Zoning and Subdivision Approved
Moratorium
**9.21.77 3 Report on Regional Plan
10.19.77 1 Subdivision, Lot 8, Block 7 Approved
**10.19.77 5 Goals and Objectives for Hearing
Comprehensive Plan Continued
**11.1.77 1&2 Goals and Objectives for Hearing
Comprehensive Plan Completed
**11.16.77 1 Comprehensive Plan Discussion
12.21.77 1 Resubdivision, Lot 15, Block 7 Approved
**1.18.78 1&2 Comprehensive Plan Discussion
**2.15.78 1,2,3 Comprehensive Plan
3.15.78 1 Subdivision, Lot 4B, Block 4 Approved
3.15.78 1 Subdivision, Lot 8, Block 7 Approved
3.15.78 1 Subdivision, Lot 15, Block 7 Approved
3.15.78 2 Vacation and Replat, Lots 14A, Approved
B, C, D
Meeting
Date Page Regarding:
4'I9.78 1 Subdivision, Lot 4, Block 7
**4.19.78 3 Comprehensive Plan
*+4.20.78 1&2 Comprehensive Plan
5.18.78 5 IR to U Rezone, Tracts A & B
7.26.78 4 Borrow Site Lease, Tract 8-1
9.20'78. 2 Borrow Site Lease, Tract P-4
**9.20.78 4 Borough Owned Lands
I0,4.78 1 Borrow Site Lease, Tract P-4
11.1.78 17 Borrow Site Lease, Tract P-4
12.20.78 1
12.20.78 2
Subdivision, Lot 1, Block 4
Final Subdivision, Lots 14A,
B, C, D
**2.7.79 1-4 Comprehensive Parks and
Recreation Plan
2.21'70 2&3
2.21.79 3
**2.21'79 3
*+2'2I'79 4
**2.21.79 4
Borrow Site Lease
Crab Pot Storage on 8-5
Park Plan Resoluation
Land Subdivision Regulations
Capital Improvement Plan
3.19.79 4 Borrow Site Lease, B-3, B-4
t+4"4.79 3 Work Program: Bells Flats
Land Use Plan
5.22.79 Borrow Site Lease, B-2
5.22.79 1 Borrow Site Lease, B-3, B-4
6.20.79 1 Borrow Site Lease, B-2
6'20.79 1 Borrow Site Lease, B-3, B-4
8'16.79 2&3
8'I6'79 3&4
8.16.79 4
Purchase P-1, 10 Year Lease
Borrow Site Lease, B-2
Borrow Site Lease, 0-1
5.28.80 5 Subdivision of Lot 14E, Block 7
5.28.80 5 Subdivision of Lot 18, Block 7
5'29'80 1-5 Subdivision of Tract A
6'29'80 7 Audience Comments
2.
Action
Taken
Approved
Public Hearing
Public Hearing
Denied
Approved
Postponed
Review
Postponed by
Applicant
Approved
Approved
Tabled
Approved
Approved
Tabled
Adopted
Adopted
Adopted
Tabled
Approved
Tabled
Tabled
Denied
Tabled
Approved
Denied
Tabled
Continued
Continued
Continued
Meeting
Date , Page Regarding:
6.4.80 1 Subdivision of Tract A, Reserve
Lots 1, 2, 3, 4, Block 4 for
Sewage Disposal Site
6.4.80 2 Resolution R-80-4, Bells Flats-
Russian Creek Advisory
Committee
6.4.80 3 Subdivision, Lot 18, Block 7
6.4.80 3 Subdivision, Lot 14E, Block 7
6.4.80 4&5 Audience Comments
6.18.80 5&6 Lease Portion of Tract A (KEA)
7.16.80 8 Vacate Lots 14A, B, C, D,
Block 7 and Replat
8.20.80 2&3 Exception, Lot 5, Block 3,
KEA Substation
**9.17.80 68(7
9.17.80 7
**9.17.80 11
11.19.80 3
1.21.81 4&5
2.18.81 4
**2.18.81 7&8
3.18.81 6&7
4.15.81 11
**Comprehensive Plan
Bells Flats Zoning Map
Subdivision of Tract A
House Numbering System
Subdivision, Lot 3, Block 6
Subdivision, Lot 2, Block 3
Gravel Lease Site Development,
Tract B
Road Commission Resolution
Subdivision, Lot 1, Block 5
Final Subdivision, Lot 1,
Block 5
Action
Taken
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Adopted
Approved
Inauguration
Approved
Approved
Tabled
Discussed
Approved.
Approved
PLANNING & ZONING COFAHISSION ',IEETING, KODIAK ISLAND 3OROUGH - Pr2C1-2 3
Jack Lerner - Took the survey among the fisherman. Approximately 95 percent
were for rezoning, 4 percent would not sign and 1 percent was against.
Public hearing closed; meeting opened. ;1r. Pugh moved to recess this meeting
and reschedule the completion of the public hearing for the next regular P-6 Z
meeting, February 16, 1977. S2conded by '4r. 3ail. Motion carried by unani-
mous roll Cali vote.
The request will be discussed with rir. Russell and the interested property owners
at a work session prior to the next meeting. ('/ork session scheduled for
February 1, 1977 at 7:30 p.m. in the Assembly meeting room.)
C. Request to Rezone USS 444, Tract "C" from R-3 to F3usiness (St. Herman's
Pastoral School. Meeting closed and public hearing opened. There were 27
notices sent out and no responses were received. No one in the audience gave
testimony for or against the request. Closed public hearing and opened meeting.
Mr. Busch moved .to recommend to grant the request of St. Herman's Pastoral
School to rezone USS 444, Tract "C" from R-3 to business. Seconded by Mr.
Erwin. Motion passed with Mr. Busch and Mr. Pugh casting NO votes.
VII ZONING ITEMS •
A. Request to Rezone USS 1396, Tract G-A & Lot G-1 from R-2 to R-3 (Rolland A.
Jones). Mr. Bali moved to schedule a public hearing on the request to rezone
USS 1396, Tract G-A & Lot G-1. Seconded by Mr. Busch. Motion passed by
unanimous voice vote.
VIII SUBDIVISIONS, PRELIMINARY
None
IX SUBDIVISIONS, FINAL
A. Subdivision of Lot 2, Block 5, Bells Flats, AK Subdivision (Corby Haines).
Mr. Ball moved to recommend subdivision final of Lot 2, Block 5, Bells Flats,
AK Subdivision request of Corby Haines with the stipulation that he have the
names of the owners of adjoining Lots 1 & 3 placed on the plat. Seconded by
Mr. Busch. Motion passed by unanimous roll call vote.
B. Subdivision 'of Russell Estates Subdivision, 3d Addition, A Portion of USS 1396
Kodiak, AK (L. L. Russell). Mr. Williams moved to recommend subdivision final
of Russell Estates Subdivision, 3d Addition, a portion of USS 1396. Seconded by
Mr. Ball. Motion carried by unanimous roll call vote.
X OLD BUSINESS
A. Port Lions Resolution No. 76-17 Re: Port Lions Comprehensive Development
Plan - "Interim Utilization". The resolution 77-4-R was read in full by Mr. Williams
Mr. Williams moved to approve resolution 77-4-R. Seconded by i‘ir. Pugh. Motion
carried by unanimous roll call vote.
B. City of Port Lions request for Formal Action by Kodiak Island Borough P & Z
Commission for Zoning City of Port Lions. Mr. Ball moved that resolution
A Resolution by the Kodik Island Borough Pianning and Zoning Cffissi'ar1
Authorizing the City of Port Lions Interim Utilization of the Port Lions Zoning Plan,
be submitted to the Borough Assembly for approval. Seconded by :Vir. Busch.
Motion carried by unanimous roll call vote.
C. Memorandum from Stuart Denslow: State OCS Development Goals and
Policies. Received for study.
X
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PLANNING & ZONING C0.11,A|S-S|ON - .,JAKCH 16' 1977 pag.L4
VIII SUBDIVISION, PRELIMINARY
A. Subdivision of Portion of Tr3ct "3« USS 1678' Kodiak, AK (Lots 4, 5^ 6, 7, 8 & 9)
(Wrn. J. Glynn). Chairman called a five minute recess. Meeting reconvened.
Pugh moved moned to set aside this request for further study. Seconded bv k4r`_8a|.
Motion carried by unanimous roll call vote.
B. Subdivision of Lot 3, Block 4, Bu||s Flats AK (Ashford &f\nderson)' It was
noted that an error in the Block Number was made on the plat; the property was
listed as being Block 4--should be Block 1. Mr. Pugh moved to apprnve_preliminary
subdivision of Lot 3, B|och l' Bells Flats AK provi property descrim�g1�.be
corrected ancitho utility easoments be shown. Seconded by Mr. Ball. Motion carried
by unanimous rotl.ca!1_ vote._
C. Subdivision of Tract "A" & Sunny Cove Recreational Tracts, Portion of USS 1671
Spruce Island, AK (Edward N. Opheim). Mr. Busch moved to table the r
for subdivision of Tract "A" & Sunny Cove Recreational Tracts, Portion of USS 1671,
Spruce Island, AK to give tirne for further review. Seconded by Mr. Pugh. Motion
carried by unanimous roll call vote.
IX SUBDIVISION, FINAL
A. Subdivision of Lots 6, 7 & 8 Crestview Subdivision USS 3218 (Mike Rasmussen
& Gary Roberts). Mr. Ball moved to approve final subdivision of Lots 6, 7 & 8
Crestview Subdivision USS 3218. Seconded by Mr. Pugh. Motion carried by
unanimous roll call vote.
B. Subdivision of Portion ofTract "3" USS 1678 (Lots 1, 2 & ]) Kodiak AK (Wm. J.
Glynn). Mr. Ball moved to table subdivision of Tract "B" USS 1678 (Lots 1, 2 &
Wrn' J. Glynn until the next meeting. Seconded by Mr. Busch. Motion carried
by unanimous roll call vote.
C. Subdivision of Lots 1 & 2, Block 6, Miller Point Subdivision, 1st Addition,
Kodiak AK (Dewitt Fields). :vir. Busch moved to approve _final subdivision of Lots
1 & Block 6, Miller Point Subdivision, 1st Addition, Kodiak, Seconded by
Mr. Ball. Motion carried by unanimous roll call vote.
D. Subdivision of Lot 4, Block 3, Bells Flats AK Subdivision, (R' G. York). M�'
Ball moved to grant final subdivision of Lot 4[ Block 3, Bells Flat�/�N' ��ubdivision
with the stipulation that it mustprovida adequate access for Lot 4A, Section
16.20.020 provides for a half street at least 30 feet wide a!oms the adioining
unsubelivicu h. Motion car_._g_._,__•.riec_11inani=u
roll call vote.
X OLD BUSINESS
fL1
A. R-1, R-2 Consolidated Zoning - Memo from Borough Manager's Secretary to
Lutena Mulitalo, Zoning Administrator reporting on a recent contact with the
Municipality ofAnchorage, Planning Department. They have no immediate plans
for such a change in zoning. Mr. Dusch stated it is something tocondnuto to
consider and work at in future work sessions.
PLANNING & STAFF ITEMS
A. Memo Re: Monthly Activities Report - Zoning Administrator. ^8r. Williams
stated this was a very good report and very complete. The purpose of the report
was for information only to bring the commission up-to-date on the activities of
the zoning official.
B. Memo Re: Island Wide Application of Conservation District Zone-Stu Denslow.
qtlir
PLANNING & ZONING COMMISSION MEETING
. KODIAK ISLAND BOROUGH
CALL TO ORDER
. April 20, 1977
Planning & Zoning Meeting was called to order by Chairman Bill Williams at
7:38 P.M. in the Borough Meeting Room.
ROLL CALL
Present
Phil Anderson
Ron Ball
Dan Busch
Gene Erwin
Tom Logan
John Pugh
Bill Williams
Absent
Chairman VVi7/ien]s introduced Phil Anderson and Tom Logan, as new members
of P & Z Commission, to the audience of approximately 57 people.
MINUTES OF PREVIOUS MEETING
Mr. Ball moved to approve the minutes as amended, seconded by Mr. Busch.
Motion carried by unanimous voice vote.
. - MINUTES OF OTHER MEETINGS
A. Assembly - Regular - April 7, 1977. No comment.
COMMUNICATIONS AND CORRESPONDENCE
A. Letter, dated April 4, 1977, from Pat Holmes, regarding P & Z Review of
Title }J, was noted and read into the minute's by Chairman Williams.
B. Letter, dated March 8, 1977, from Louis G. Schneider, regarding Arnold T.
Hansen Sawmill, was noted and read into the minutes by Chairman Williams.
VI SUBDIVISIONS, PRELIMINARY
A. Subdivision of Lot 2, Block 3, Bells Flats AK Subdivision (Fred A. Greer).
Mr. Anderson made the motion to grant a preliminary approval for subdivision_
of Lot 2, Block 3, Bells Flats AK Subdivision. Mr. Ball seconded. Mr. Erwin
moved to amend the original motion to include Items 1 through 5 as set out by
the Borough Engineer: (1) Vicinity map not provided - Section 16.16.010'
(2) Lot lines are not at right angles to straight street lines nor radial to
curved street lines - Section 16.20.050 B, (3) no official monuments - Section
16'16.020 B, (4) no monuments set - Section 16. |6.020 E, and (5) lot sizes
are subject to State Sanitarian review - Section 16.30.050 E. Seconded by
Mr. Pugh. Motion carried by unanimous roll call vote. The amended original
motion carried by unanimous roll call vote.
B. Subdivision of Lots 4' 5, 6, 7, 8 & 9, Tract B, USS 1678 (William J. Glynn).
Mr. Pugh moved to approve the subdivision of Lots 14, 5, 6, 7, 8 & 9, Tract B
USS 1678 with the stipulation that the road be put in. Motion seconded bv_Mr_
Erwin. Motion carried by unanimous roll call vote.
VU SUBDIVISION, FINAL
A. Subdivision of Lot 3, Block 1, Bells Flats AK Subdivision (Ashford &
Anderson). Mr. Busch made the motion tnapprove the subdivision of Lot 3,
. `
Block 1, Bells Flats AK 5ubdivismn wi�h �hm stipulation n� completion w� the
PLANNING & ZONING COMMISSiON - April 20' 1977
Page 2
road and approved by the Borough Engineer. Mr. Pugh seconded. Motion
passed with Mr. Anderson abstaining.
B Subdivision of Lots 1, 2, & 3, Tract B USS 1678 (INi||iarnJ. Glynn). Mr. Pugh
moved to approve the subdivision of Lots l. Z' & 3, Tract B USS 1678 with the
stipulation the road conform with the Borough Engineer's recommendation. Mr.
Erwin seconded. Motion carried with unanimous roll call vote.
111 ZONING ITEMS
A. Request for Lot Size Variance of Lot 6, Block 1, Leite Addition, )Vito Ko|c}c).
Mr. Anderson moved to grant the lot size variance of Lot 6, Block 1, Leite
Addition. Mr. Pugh seconded. Motion carried by unanimous roll ca|| vote.
B. Request for Lot Size Variance of Lot 23, BUnck 2, Island Lake Subdivision
Kodiak AK USS 3219 (Michael C. Brechan). Mr. Ball moved to grant lot size
variance of Lot 23. Block 2, Island Lake Subdivision Kodiak AK USS 3219.
Mr. Anderson seconded. Motion passed with unanimous roll call v'te'
C. Request for Lot Size Variance of Lot 6, Block 1, Aleutian Homes Subdiv-
ision (James C. Todd). Mr. Pugh moved to grant lot size variance of Lot 6,
Block 1, Aleutian Homes Subdivision. Mr. Busch seconded. Motion passed
with unanimous roll call vote.
D. Request for Setback Variance Lot 3B, Block 35, East Addition (Richard A.
Rohrer). Mr. Busch moved to grant setback variance of Lot 3B, Block 35'
East Addition. Mr. Anderson seconded. Motion passed with uanimous roll
call vote.
E. Request for an Exception to Conduct a School on Lots 1, 2, & 3, Block 2,
Holland Acres Subdivision (Kodiak Christian School, Art Zimmer). Chairman
Williams read a letter from Mr. Zimmer into the minutes. Mr' Busch moved to
grant the exception without holding a public hearing for Lots 1, 2, & 3^ Block 2
Holland Acres Subdivision. Mr. Logan seconded. Motion passed with unanimous
roll call vote.
F. Request for Setback Variance Lot 13 A, USS 3100 (Fred A. Odgen, Sr').
Chairman Williams read a letter from Mr. Ogden into the minutes. Mr. Ball
moved to grant setback variance of Lot 13A, USS 3100. Mr. Busch seconded.
Motion passed with unanimous roll call vote.
G. Request for Vacation of Portion of 8th Street (City of Kodiak-Saupe &
Anderson). Mr. Pugh moved to re-introduce the request for vacation of portion
of 8th Street. Mr. Busch seconded. Motion passed with unanimous roll call
vote. Chairman Williams stated that the vacation must be in accordance with
standard zoning procedures. Mr. Ball moved to grant request for vacation of
a portion of 8th Street, requested by the City of Kodiak - Saupe & Anderson.
Mr. Pugh seconded. Motion passed with unanimous rn|l call vote.
H. Request for an Exception on Lot 2, Block 7, Miller Point Subdivision
(Arnold T. Hansen). Chairman Williams read a letter from Mr. Hansen.
Ball moved to grant the exception for one (1) year on recommendation of
Zoning Administrator' Mr. w\uiita|o. Seconded by Mr. Anderson. Mr. Mu |iad°
explained that it was not possible to grant the land use permit; the Borough
Attorney's opinion is that neither an exception nor special use permit may be
granted without rezoning the area or amending the Code to include this particular
usage. Motion failed with Mr. Logan casting one YES vote.
1. Rezone from R-1 to Business Portions of Block 8, 12, & 13, Aleutian
Homes Subdivision (Kavanaugh, Pederson, S. & L. Graber). Mr. Busch moved
to hold a public hearing on the request to rezone portions of Blocks 8, 72. & 13
Aleutian Homes Subdivision from F1'l to Business:
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KODIAK PLANNING AND ZONING COMMISSION MEETING May 18, 1977
KODIAK ISLAND BOROUGH
CALL TO ORDER
Planning and Zoning Meeting was called to order by Chairman Bill Williams
at 7:30 p.m. in the Borough Meeting Room.
ii ROLL CALL
Present
Phil Anderson
Den Busch
Gene Erwin
Tom Logan
John Pugh
Bill Williams
Absent
Ron Ball - excused
Chairman introduced Harry Milligan, Planning Director, for the Kodiak Island
Borough, to the audience of approximately 20 people.
MINUTES OF PREVIOUS MEETING
A. Dan Busch moved to approve the minutes as presented; seconded by Phil
Anderson. Motion carried by unanimous voice vote.
B. MINUTES OF OTHER MEETINGS
1. Assembly-Special-April 29, 1977. No comment.
2. Assembly-Regular-May 5, 1977. No comment.
IV COMMUNICATIONS AND CORRESPONDENCE
None
SUBDIVISIONS
A. Preliminary
1. Ray Hickman-Russian Creek Subdivision, Tract N. Mr. Anderson moved.
to grant a preliminary approval for subdivision of Russian Creed Subdivision,
Tract N. John Pugh seconded. MOtion failed 2 to 4 with Phil Anderson, Dan
Busch, Tom Logan and Bill Williams casting NO votes. Dan Busch moved to
amend the original motion to stipulate as Mr. Mu liatlo stated in his report:
(1) topographical map be submitted ;by the developer, (2) soil report by
Alaska Registered Professional Engineer and (3) final report by.the environ-
mental engineer. Mr. Logan seconded. Motion carried by unanimous roll call
vote.
2. Tom Healey-USS 3099, Lot 23A. Following the zoning administrator's
report, Phil Anderson moved to approve the preliminary of USS 3099, Lot 23A
with the following stipulations: (1) subdivider comply with all the minimum
improvements as set forth in Section 16.24.020 and Section 16.30.050 (c) of
the|{|B code and (2) actual road be built to other properties rather than a
road access as shown on the plat. Mr. Erwin seconded. Motion passed
5-1 with Mr. Erwin casting a NO vote.
B. Final
1. Fred Greer-Bells Flats Alaska Subdivision Block 3, Lot 2. Phil Anderson
moved to approve Mr. {�recr/s subdivision Block 3, Lot 2, Bells Flats Alask
Subdivision, [}an Busch seconded. Motion passed by unanimous roll call vote.
\ - Den Busch moved to amend the motion to stipulate that the lot size will be
subject to review by the state sanitarian. Mr. Anderson seconded. Motion
passed by unanimous roll call vote.
2. YVnn. J. Glynn-USS 1678' Portion of Tract B, Lots 4, 5, 6, 7, 8 & 9. John
Pugh moved to approve the final subdivision of USS 1678, Portion of Tract B,
motion to stipulate that the Borough Engineer inspect the road after completion
>
P Z COMMISSION MEET/m0 - May 18' 1977
Page 2
before final plat is approved. Mr. Anderson seconded. Amended motion passed
by unanimous roll call vote. Original motion passed by unanimous roll call vote.
3. Shorb & Hope-Bells Flats Alaska Subdivision, Block 6, Lot 2. Mr. Pugh
moved to approve the final subdivision of Shorb & Hope, Bells Flats Alaska
Subdivision, Block 6, Lot 2. Mr. Anderson seconded. Mr. Pugh moved to
amend the motion to stipulate approval at the time each lot corner has been
monumented or original monument has been recovered. Mr. Busch seconded.
Amended motion passed by unanimous roll call vote. Basic motion carried by
unanimous roll call vote.
4' James Schauf, Miller Point Subdivision, First Addition, Block 1, Lot 3.
Staff report given by Zoning Administrator. Mr. Busch moved to approve
subdivision final for James SChauf, Miller Point Subdivison, First Addition,
Block 1, Lot 3. Mr. Anderson seconded. Motion passed by unanimous roll
call vote.
C. Vacation & Flep|at - Portion of Cedar Street (Alan Austerman). Mr. Busch
moved to table this request and return to the City Council for clarification; it was
stated that vacation cannot be granted with a stipulation. Mr. Anderson secomded'
Motion passed by unanimous roll cal} vote.
VI ZONING
A. Rezoning
1. Craig Bishop - R-3 to Business Kodiak Townsite Subdivision, Block 3,
Lot 11, Mr. Pugh moved to recommend rezoning from R-3 to Business Kodiak
Townsite Subdivision Block 3, Lot 11' Mr. Anderson seconded. Motion
passed by unanimous roll call vote.
2. Mary Gallagher - Unclassified to R-3 Monashka Subdivision, Block 5,
Lots 11 & 12. Mr. Busch moved to hold a public hearing on Mary Gallagher's
request from Unclassified to R-3 Monashka Subdivision Block 5, Lots 11 & 12'
Mr. Anderson seconded. Mr. Mu|ita|o added to Mr. Busch's motion that the
area in question is approximately 1'48 acres. Motion failed 3 - 3 with Mr.
Erwin, Mr. Logan and Mr. Pugh casting NO votes.
3. Steven T. & Catherine D. Olsen, Unc|assihed to R-1 Woodland Acres Block 3,
Lots 1 & 2. Mr. Pugh moved to hold a public hearing on Steven T. and
Catherine D. Olsen, Unclassified to R--1 woodland Acres Block 3, Lots 1 & 2.
Mr. Logan seconded. Mr. K8ulitn|m stated that Mrs. Olsen had withdrawn the
request. Point of order to retract the motion.
4, Lloyd Sharratt, Unclassified to Business Block 1, Lot 4. Mr. Busch moved
to hold a public hearing on Lloyd Sharratt's request to rezone from Unclassified
to Business Block 1, Lot 4, Miller Point Subdivision. Mr. Pugh seconded.
Motion passed 4 - 2 with Mr. Erwin and Mr. Logan. casting NO notes.
5. Island Lake Property owners (Zimmer) Unclassified to Business Portions of
USS 3218 and USS 3463. Mr. Pugh moved to hold a public hearing to rezone
From unclassified to business portions of USS 321,8 and USS 3463. Mr. Logan
seconded. Mr. K4u|ita|n commented that the property in querstion is
approximately 53 acres. Motion passed 5 - 1 with Mr. Erwin casting a NO vote,
B. Variances
1' Request for setback variance Aleutian Subdivision Block 6, Lot 7 (Marty
Barbero). Mr. Busch moved to grant setback variance Aleutian Subdivision
Block 6, Lot 7 (Marty Barbera). Mr. Logan seconded. Motion passed by
unanimous roll call vote.
2.. Request for lot size variance- Greg Moo - USS 3219, Block 3, Lot 4. Mr.
Pugh moved to grant request for lot size variance, Greg Moo, USS 3219,
Block 3, Lot 4 to build a storage shed. Mr. Erwin seconded. Mr. Logan
moved to amend the motion not to grant the variance if it is to be used for
other than personal use. Amended motion was withdrawn. Original motion
passed by unanimous roll call vote.
PLA.LU.IG A.D Q IG C.);;;ISIGi CETI Juri
vrryv ISLAAD MMUGH.
CALLeTO'ORDER, '
Planning and Zoningeetinti tas ca11,1 to ord.r by Chairman
7:30 p.m. in the 3orour .!zetinp Room.
II, ROLL CALL
•Present:T
Ir.. on Ball
Ar. Dan:Busch
dr: JomeLogan
Ar. John Pugh
Or% .Bill 41lliams
III. MINUTES OF PREVIOUS MEETING
Absent
Phil. Anderson - excused
'Ire Gene Erwin - excused
The minutes of May 18th as presented were approved by a unanimous voice vote.
Seconded by :Ir. Tom Logan.
IV. SUBDIVISIOdS
A. Preliminary
1. -Tract A & Sunny Cove Recreational Tract (Edward Opheim ). Or. Ron Ball
moved that the Commission table this subdivision of Tract A& Sunny Cove
TUgaional Tract until the—next meetino.--Seconded - Ir. John Pu h.
ecommen a on carr e y a unan mous ro ca vote.
•
.Le lot 13, Mlock 7, Bells Flats Subdivision (George-garshall). Mr. Pu h
moved to approve the preliminary,subdiVision 'cif Lot 13. Block-7, Belis Flats
-Subdivi-Sion. Seconded -by Tir. tegan. TIW-_-_t_.,•Hriseci.x...._1b•Evanimous roll call
,vote.
,3, Village Subdivision - Ahkiok, Karluk, and Old Harbor. Following the
Zoning Administrator's report on each of the villages, Pr. Logan •oved that-
the.Old Harbor townsite addition #1 the Ahkiok townsite addition #1 and the
Kar uk Subdivision be zoned Rel from its present unzoned status. econ e
71W75W-NsCh. 1r. Logan amended,his motion stating that-they hold a Rublic
hearing for the purpose of rezoning from unzoned,to R-1- Seconded-by er.
Busch. Amended motion carriec! by a enanimous roll call vote.
Hen .Busch mOved that the further requests concerning Ahkiok Karluk, and Old: '
Harbor be tabled until they net more information and more'of the releininarye .
-Tan re uirernents on that. lotion some dfscussion.
Or. Loan - wanted to go . along with the tabling but brought upthe point that
there are going to be some chanties made. Hetalked with one of the officials
Who was in on the desinninp and found that there is going to be a new set of
plans on all three of the sites.
j•r. Simmons (the petitioner) - then came forwardmakine a request that ieseee:
of tabling the action that the Comission give it a,preTiminary approval wit
conditions so that the required time limits can start elapsing. They hoped 7.7
be under construction in Seetember this year and they wouldn't be able to
it :if the Comission stoeeed action on it now. He also added that they were
willing to correct any oversites in the plats.
Ar. - would like to get the zoning in front of the•suteivisiona- The
araz is presently unzoned aria at,the next Boroueh Assembly meetHng it will be
zoned to Conservation. This was the first indication that the Commissioe had
received of :Ir. Sinimon's intent toevacatee replat, and build. - There is the'
capability of the Commissio n. to concurrently rezone and replete however, some
input has to be made into the tyee of zonine that is most desirable for these
areas. ;ir. Hilliams suggested a work session the 20th of this month.
Jotion failed 1 - 4 with Jr. Call r. Logan, 1.r. Pugh, and He. Hillias
castinp JO votes.
vire Pugh eloved to approve the nreliminary sublivisions of Ahkiok, Karluk, and
Old Harbor,with the provisions that the segoestions made in the staff's
analysis of the report on these be met in the final subdivision. Seconded by
tir t3afl r Lonan ameneed th.-2 roion to also aporove the vacation so that,
we can have the subdivision, approV472 at the same tire. It was seconded.
Amended motion carried by a unanimous roll call vote.
KODIAK ISLAND BOR6U6H PLANNING & ZONING COMMISSION
.REGULAR MEETING
KODIAK ISLAND BOROUGH
July 20, 1977
CALL TO'ORDER
Chairman Williams called the meeting to order at 7:30 p.m.
II ROLL CALL
Present
Phil Anderson
Ron Ball
G:ne Erwin
Tom Logan
John Pugh
Bill Williams, Chairman
Absent
Dan Busch, excused
A quorum was established. Approximately 15 people were in the
audience.
III MINUTES
Consideration'of the minutes for June 15, 1977 and June 29, 1977
were deferred to the next meeting due. to the work load of the staff.
TIT OLD BUSINESS
A. Right-of-way Vacation, portion of Kittiwake Street - Lorna Arndt
Mr. Mulitalo presented the staff report recommending denial.
This item was a continuation of a public hearing. Regular meeting
was closed and public hearing opened. Audience comments were as
follows:
Loma Arndt stated that she would like to see a 5-day vacate notice
served on Mr. Freeman's trailer that was sitting across the road
right-of-way.
James Brisco requested that his letter to the commission be read
into the record. It not only requested the vacation of Kittiwake
Street but also referenced the sewage problem of Mr. Dwayne
Freeman's trailers.
Public hearing was closed and regular meeting reopened. Mr. Logan
moved to deny the request for vacation of Kittiwake Street. Mr.
Anderson seconded the motion. Motion carried with unanimous roll
3all vote. Mr. Lo an a ain moved to reeuest Mr. Mulitalo Zoning
Adm_Aastrator to contact the approTriate_party and have the trailer
remcvcd. Mr. Anderson seconded. All were in favor.
B. Resubdivision of portions of USS 1671, Spruce Island, Alaska
(Tract A & Sunny Cove Recreation Tract) - Edward Opheim
Since Mr. Opheim was not present this item was set aside to later
in the meeting to allow for him to be present.:
NEW BUSINESS
A. Subdivisions
1. Preliminary
a. Resubdivison of Lot 4 & 5, Block 2, Bells Flats Alaska
Subdivision - Bill Williams.
Mr. Mulitalo presented the staff report recommending approval of
preliminary subdivision with the following stipulations:
1. The location of present property and section lines, streets,
buildings, lakes, and watercourses be shown on the plat.
2. The proposed location and width of streets, alleys, lots,
buildings and set back lines and easements be shown.
3. Title under which the proposed subdivision is to be recorded
and the name of the subdivider platting thetract be shown.
KODIAK PLANNING AND ZONIs,_,cmassiai =NG
AUGUST 17, 1977
IX. INFORMATION AND REPORTS (Continued)
A. Borough Manager (Continued)
Page 5
Regional Development Plan and strategy. A report of the work in
progress was to be made periodically. Scheduling review by the
Commission and Assembly would be required. Mr. Denslow waid that
the Commission should be aware of a scheduling deadline.
Mr. Denslow presented two proposals to the Commission: 1) The
Commission consider holding their regular meeting each month to
exercise zoning duties, plus holding special meetings during the
months of September, October. and November, with matters relating
only to the Comprehensive Plan; and 2) Relates to the process of
revising the zoning ordinance subdivision regulations and preparing
Capital Improvement Program. The Planning Director will take
sketch plans to all villages sometime in September for review.
Mr. Logan made the motion to recommend to the Borough Assembly the
adoption of the map and master plan as presented by the Borough
Manager, for the City of Port Lions. Mr. Anderson seconded the
motion. Motion was approved by unanimous roll call vote.
Mr. Denslow suggested setting up a schedule consistent with the
villages' and Commission requirements. Mr. Williams commented
that the dates set up will be the first Monday of September,
October, and November, allowing the second Wednesday for problems
that may arise concerning the schedule. The third Wednesday is
the scheduled regular P & Z Commission meeting. The fourth
Wednesday is open, if needed.
B. Planning Director
Mr. Milligan requested a short work session following adjournment of
the meeting. Mr. Dale Tubbs, formerly with the Alaska Division of
Lands, was present. He was hired to assist in reviewing land
selections files and bring the files up to date.
• C. Planning Department $ Monthly Activities Report - None.
Mr. Milligan addressed the Commission regarding the request for a
variance for Robert King. During the hearing the Commission granted a
request with two conditions: 1) Mr. King obtain a conveyance of property
from KEA, and 2) Provide off-street parking with a ratio of two (2) spaces
per dwelling unit. 14r. King filed an appeal with the City Council for the
City of Kodiak sitting in as Board of Adjustment. The Board of Adjustment,.
in reviewing the case, reduced the parking requirement from 2 spaces to
1.5 spaces per dwelling unit. A serious question. has arisen as to whether
it is, in fact, the intent of the motion to require that there could be a
Conveyance of land or an easement use agreement guaranteeing the utilization
of that land. The minutes need to be clarified. If they are an accurate
reflection, conveyance is probably not feasible at this time. The land
is encumbered by KEA to the National Rural Electrification Agency in
Washington for purposes of funding improvements under REA loans KEA has
received. To remove that properLy from one of those loan encumbrances
would take some time. The variance Mr. King was granted will obviously
expire long before it could be accomplished. Mr. Milligan asked the
Commission to refrain from the adoption of the minutes. He also asked the
Commission to cone to the office to review the tapes. Mr. Logan moved to
accept the minutes as presented with the exception of the June 29 minutes'
Item IV (1) regarding the variance, pending study of this item and
approving it later. Mr. Anderson seconded the motion. Motion carried by
unanimous voice call vote.
X. COMMISSIONERS' COMMENTS
Mr. Logan moved to recommend to the Borough Assembly that Section 17.75.010
Section A, Which deals with parking, be changed to require two (2) parking
spaces per dwelling. It presently states one (1) space per dwelling.
Mr. Anderson seconded the motion. Motion filed 4 to 2 with Mr. Anderson,
Mr. Busch, Mr. Erwin, and Mr. Williams casting the NO vote.
�
-~
KODIAK PLANNING AND ZONING COMMISSION MEETING
FOR SEPTEMBER 21, 1977, 7:30 P.M.
I. CALL TO ORDER
The Planning and Zoning meeting was called to order by Chairman Bill Williams at
7:40 P.M. in the Borough. Meeting Room.
II, ROLL CALL
Present
John Pugh
Ron Ball
Dan Busch
Gene Erwin
Tom Logan
Bill Williams, Chairman
Absent
Phil Anderson
III. MINUTES
A. Assembly - August 4, 1977 - no comment
(Robert King) B. Addendum to P & Z Special Meeting June 29, 1977, `RObert King, apprOved.
IV. OLD BUSINESS - Done
V. SUBDIVISIONS
A. Preliminary - none
B. Final
1. Resubdivision Lot 13 Block 7 Bells Flats AK Subd. (6 lots') G. Marshall. The
petitioner is requesting resubdivision of Block 7 into 6 lots of over one acre each.
Mr' MUlitalO stated that there are 2 legal access roads to the property, Russian
Creek:aDd Woman's Bay Road. The latter not being constructed all the way to the
property. Staff recommends approval with the stipulation made by the Borough
Engineer that the legal description should read "Thence along the easterly boundary
of Lots 12 B and 12 C-and along the westerly boundary of Lots 14 A and 14 D. Mr.
Busch moved to approve the resubdivision of Lot 13 Block 7 Bells Flats AK Subd. (6
lots) G. Marshall, with the stipulation as recommended by the Borough Engineer. Mr.
Pugh seconded the motion: Notion passed 4-2 with Mr. Erwin and Mr. Logan casting
the NO vote.
2. Resubdivision of Tract D-1 USS 1678 (2 lots) J. Eufemio. ;1r. Milligan recom-
mended the plat be returned to the petitioner for redesign to provide direct access
to each lot from dedicated public street; utility easements as set forth in
Section 16.20,030; and that existing utility easements be shown on the plat from
adjoining properties. Mr. Logan moved to table the request of resubdivision of
Tract D-1 USS 1678 (2 lots) J. Eufemio, and return the plat back for redesign of
the access. Mr, Erwin seconded the motion. Motion passed by unanimous Vote,
3. Resubdivision Lot 7 Block 7 MOOdshka,Bny AK Subdivision (2 lots) D. Andrews.
Mr. MUlitalO recommended 1) that all property owners of adjoining subdivisions
be shown on the plat and 2) that existing utility easements on adjoining prop-
erty also be shown. Discussion followed. Mr. Ball 0OVed t0 approve the resub-
division of Lot 7 Block 7 Monashka Bay Subd. (2 lots) D. Andrews, with the
stipulations as set forth by the Staff. Mr. Pugh seconded the m0tiOD. Notion
passed by unanimous V0tS,
4, Resubdivision Lots 4 & 5 Block 2 Bells Flats AK Subdivision (10 lots) N.WillidmS.
Following Mr. Mulitalo's report, Mr. Busch moved to approve the proposed plat with
the following stipulations: the typographical error of L' 66.46 be tVrrScted;
easements be shown on the plat on the proposed subdivisions and adjoining
properties; that the names of all recorded owners of adjoining property be
shown; that the structure on Lot 4 comply with setback requirements set forth in
Section 17'12,040 of the KI8 Code of-Ordinances; and Birch Circle be constructed
before the plat is recorded. Mr. Logan secOnded the motion. Motion passed with
Mr. Williams abstaining.
(-,
KODIAK PLANNING AND ZONING-COMISSION IEETING
FOR SEPTEMBER 21, 1977
A. Information continued
Page 3
Ir. Busch moved to adopt KIB Resolution Z-4-77 regarding establishment of
a moratorium on all rezoning and subdivision activity to the Borough Assembly.
Mr. Erwin seconded the motion. Unanimous roll call vote.
Mr. Logan moved it is the intent of the.P & Z Commission to address in the
Comprehensive Plan, the question of dormitory uses for seafood processing
facilities in the industrial zoning districts. Mr. Erwin seconded the motion.
Motion passed by unanimous roll call vote.
Mr. Busch made the motion to reject an application from Rolland Jones'on
behalf of New England Fish Company for a special exception to construct a
dormitory in connection with a fish processing facility in an industrial
zoning district. Mr. Logan seconded the motion. Motion passed by unanimous
roll call vote.
B. REPORTS
The Borough Manager stated that there will be a Joint Forum meeting on October
11, 1977. The Joint Forum consists of the P & Z Commission, O.E.D.P., OCS,
Borough Assembly and City Council. Dr. Firth a Consultant for Woodward &
Clyde, will be present to present a draft of the Marine Facilities Study,
along with Mr. William Blair, the Project Consultant,from Kramer, Chin, and
Mayo. Mr. Blair will present a progress status report on the Kodiak Regional
Comprehensive Development Plan. Mr. Milligan read into the record a letter
from the Port Lions City Council Chairman stating Port Lions acceptance of
the proposed plan to rezone the lands within the city and, also, thanking
the Borough Assembly, P & Z Commission and Borough Staff for their assist-
ance in preparing the Plan.
IX. P & Z COMMISSION COMMENTS
Mr. Milligan stated that the Borough Assembly had taken action, in February, and
did budget and authorize for a full time Building Inspector.
X. AUDIENCE COMMENTS - none
[ XI. ADJOURNMENT - 10:30 P.M.
SUBMITTED:
APPROVED:
KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION
MEETING FOR OCTOBER 19, 1977
I. CALL TO ORDER
• The Planning and Zoning Meeting was called to order by Acting Chairman Dan Busch
at 7:45 p.m. in the Borough Assembly Hall.
II. ROLL CALL
PRESENT
Ron Ball
John Pugh
• Gene Erwin
Dan Busch
'II. MINUTES
EXCUSED
Phil Anderson
P & Z Minutes of September 21, 1977, approved
IV: OLD BUSINESS
A. Resolution to rezone Block 1, 2, & 3 Russell Estates Second Addition USS 1396
from R-3 to R-2. Following Mr. Milligan's report, Mr. Pugh read the resolution
and moved to adopt KIB Resolution # Z-5-77 to rezone Block 1, 2, & 3 Russell
Estates Second Addition, USS 1396 from R-3 to R-2. Mr. Erwin seconded the
motion. Motion passed by unanimous vote.
B. Resubdivision of Tract D-1 USS 1678 (J. Eufemio). Staff recommends 1) that
the dedicated right of way to Tract D-1 A and D-1 8 be constructed and 2) that
utility easements as required under Section 16.20.030 of the K.I.B. Subdivision
Code be shown on the plat. Mr. Ball moved to approve the resubdivision of Tract
D-1 USS 1678, (J. Eufemio), with the stipulations as set forth by the Staff.
Mr. Erwin seconded the motion. Motion passed by unanimous vote.
V. SUBDIVISIONS.
A. Preliminary
1. Lot 8, Block 7, Bells Flats AK Subdivision (Laurel Peterson). Mr. Mulitalo
stated that the petitioner is requesting resubdivision of the above mentioned
property into 4 lots (1.106 acres each). Mr. Pugh moved to approve the resub-
division of Lot 8, Block 7, Bells Flats AK Subdivision. Mr. Ball seconded the
motion. Motion passed by unanimous vote.
2. Tract E USS 1678 (Ron Doubt). Mr. Mulitalo reported the plat is incon-
sistant with the KIB Subdivision regulations. Mr. Pugh moved to table the
request to resubdivide Tract E. USS 1678 (Ron Doubt) until the following
conditions are met: 1) requirements under Section 16.16.010 (A), (C), and (E)
be met; 2) Lot E-1 must have legal access to a dedicated public street and
3) a memo from the State Sanitarian stated that the preliminary plat not be
be approved until the question of swale running.through Lots E-2, E-3 and
E-4 be cleared up. Mr. Ball seconded the motion_ Discussion followed. The
Sanitarian's report also stated that the lots would be easily adaptable to
to a septic system. Motion passed by unanimous vote.
B. Final Subdivisions
1. Lot 2, Block 1, Monashka Bay AK Subdivision (C. Magnusen). The petitioner
is requesting to resubdivide Lot 2 Block 1, of Monashka Bay AK Subdivision.
Following the staff report, Mr. Ball moved to approve the resubdivision of
Lot 2 Block 1, Monashka Bay AK Subdivision. Mr. Pugh seconded the motion.
Motion passed by unanimous vote.
2. Lot 4, Block 1, Miller Point AK Subdivision (Lloyd Sharratt). The petitioner
is requesting a resubdivision of Lot 4 into 2 lots. The plat complies with all
KIB Subdivision Code requirements. Mr. Ball moved to approve the resubdivision
of Lot 4, Block 1, Miller Point Ak Subdivision (Lloyd Sharratt). Mr: Erwin
seconded the motion. Motion passed by unanimous vote.
/--.�
\
� \
KIB P & Z Commission Meeting October 19, 1977 Page S-
F. Propose Goals and Objectives for the Comprehensive Regional Development Plan
(KIB). Mr. Denslow, Borough Manager, stated that this will probably be the 'first
of a series of presentations and public hearings on elements of the Plan. He
explained why it is being brought bef0r2 the Commission and the importance of the
product to the overall construction of the new regional development pldO. More
than a year ago a work outline was presented that was to be the basis of the
documentation for the plan. The structure of the frame upon which a plan is
assembled is the statement of goals and policies that the citizens of the community
feel best express their wishes for the future of the community. To accomplish
this a Citizen Community Attitude- Survey was conducted. Of 2,000 qu8stionaires
mailed to registered voters in the urban—and village ageas, 500 were returned or
25%, which is a significant return. Responses were analyzed for their correlation
to a specific set of questions developed by the Joint Forum. The Joint Forum was
to formulate a set of questions which would draw response from the audience that
were specific as to what is best for the Community. The returned responses were
analyzed by the Urban Observatory of the University of Alaska, Anchorage. The
product of that in a computer print out form was used to formulate the draft
statement of Goals and Objectives.
Mr. Milligan, Planning Director, quoted from the Statement of Intent of the Goals
Objectives Statement. He commented that in order to fully understand the
implications of a set of goals there must be some indication of how the established
goals are to be obtained and the methods and policies that will be utilized in
their detailed implementation. This further explanation of the goals takes the
the form of objectives.
The first step in establishing the goals and objectives is to develop a primary
goal. This goal will indicate, in general terms, the expressed desires of the
residents of the community for future growth of their area. He then read into
the record each of the Proposed Goals for the Plan.
Mr. Milligan introduced MaryJo Simmons as the analysist that took the results of
the survey. Ms. Simmons presented a profile of an average person answering the
Community Attitude Survey. It describes in general but fictional terms, the typical
Kodiak resident and what he thinks.
The Chairman opened the Public Hearing.
PAT HOLMES speaking on behalf of the Kodiak Island Park and Recreation Council,
Stated that they have reviewed the existing goals and objectives draft and find
them quite commendable. Mr. Holmes addressed some of the points covered and
Stated that the Counci hopes to be performing in an advisory capacity to the
Borough Assembly and P & Z Commission in areas specifically oriented toward
Recreational and Park opportunities within the Kodiak Island urban area and villages
as well. The Council is in the process of defining their goals and objectives.
Have met with Borough management and with the consultant working on the urban sector
of the Comprehensive Plan from Kramer Chin and Mayo. The Council is awaiting for
further information regarding the questionnaire coming in from the villages and
other sectors of the CO00UDitv. The areas addressed by Mr. Homes; Land Use Goals,
Transportation Goals, Recreational and Cultural Goals. Will present a snyopsis of
what has been accomplished to the Borough. Commended the P & Z Commission on the
scope and stature of the Plan and seeking professional advise.
IVAN WIDOM: City Manager. Making comments as a city manager; not the City Manager
as he is not representing the City Council. The Council has not taken a position
on these goals. Mr. Widom commented that annexation has not been considered as
a plausible method in achieving some of the goals discussed in the Pldn. The
areas addressed by Mr. Widom: Primary GOdl,G0VerD0ental Goals, Land Use Goals,
Community Services and Facilities Goals, Transportation Goals, Housing Goals,
Recreational and Cultural Goals, Economic Goals, Educational Goals and Overall
Village GOdlS,
BETTY FORD: The Director for the Kodiak Council on Alcoholism and newly appointed
member of the Health Resources Council, stated she was impressed with the draft.
MrS. Ford addressed the following: Community Services and Facilities, Goal, and
Recreational and Cultural Goal. Would like the various health service represent-
atives be present to offer imput.
■
% )
KODIAK ISLAND ..-.:ROUGfi PLANNING AND ZONE:G COMMISSION
SPECIAL MEET:2:G, NOVEYBER 1, 1977
CONTINUATiON OF PUBLIC, FEARING: PROPOSED GOP.7 PLITD
I. CALL TO ORDER
JES
73--=--e
The Chairman, Mr. Busch, reconvened the continued meeting of the
October 19, 1977 regular meeting of the Kodiak Island Borough Planning
and Zoning CoMmission, 7:30 p.m. Tuesday, November 1,.1977, in the
Borough Assembly Meeting Room.
II. ROLL CALL
Present
Mr. Ron Ball
Mr. Dan Busch
Mr. Gene Erwin.
.Mr. John Pugh
A quorumswas established.
III. PUBLIC HEARING
Absent
Phil Anderson, EXCUSED
The Chairman stated that this is a continuation of the Public Hearing
on the Proposed Goals and Objectives Statement for the Comprehensive
Regional Development Plan (Kodiak Island Borough). Mr. Milligan said
that the Plan was prepared from a Community Attitude Survey conducted
during the Spring of 1977. The completed results of the survey were
forwarded to the Urban Observatory of the University of Alaska for
tabulation, and then forwarded to the consulting firm working for the
Borough. This firm was developing the OCS Impact Statement. That firm
then consolidated the results into a set of Goals and Objectives for the
Comprehensive Regional Plan. Mr. Milligan said some of the objectives
seem to be in conflict with one another in relationship to the stated
goal. The reason for that conflict is that they in fact reflect the
cross sectional attitude of the Community as it responded to that
Community Attitude Survey. One of the functions of the Planning and
Zoning Commission is to sort through those conflicts and determine
which objectives should be recommended to the Borough Assembly for
adoption. The Planning and Zoning Commission will have to consolidate
the testimony of the October 19 meeting and the testimony given tonight
into recommended changes within the text of the Goals and Objectives
Statement. -
As a result of the October 19, 1977 meeting, the following series of
objectives were drafted that reflect changes requested dui-ing the Public
Hearing. From this testimony the following goals were addressed:
1. LAND USE GOALS: (New objective) "To develop regulations requiring
dedication of open space areas within all new residential subdivisions."
Mr. Pat Holmes, representing the Parks and Recreation Council had
requested this change.
2. COMMUNITY SERVICES AND FACILITTMS: (New objectives) "To continually
expand and improve upon the level of health care facilities and services
available to Kodiak Island Borough residents." This is a summary of
comments made by Mrs. Betty Ford, Director, Kodiak Council on Alcoholism,
during the Public Hearing.
3. TRANSPORTATION GOAL: (Eevised objective) "To study the feasibility
of continued aviation activities at Lilly Lake and Kodiak Municipal
Airport, to determine whether or not land use conflicts and safety
hazard warrant further upgi'adirig or relocation of the existing facilities."
4• HOUSING: (Revised objective) "To encourage the development of new
mobile home parks and subdivisions, and to discourage the general use of
mobile homes in other areas." Mr. Tony Perez and Mr. Ivan Widom, City
Manager, addressed the Commission on this goal to allow the use of
mobile homes, but to curtail the broad use.
KODIAK ISLAND BOROL-_. PLANNING AND 7.,01-1= OCrflaSSION. -
spEcia, riltETING, NOTEI:BER 1, 1977
CONTINUAriTION OF PUBLIC : PROPOSED GOALS AND OBJECTIVES
Page 2
5. RECREATION AND CUELJRAL GOAL: (New objective) To encourage the
acauisition of lands and development of facilities for park purposes
in rural areas." This was another item specifically addressed by
Mr. Holmes.
6. EDUCATIONAL GOAL: (New objective) "To encourage broader partici-
pation and use of the educational facilities and programs available
through the University of Alaska - Kodiak Community College." This
point was addressed by Mr. Perez and Mr. Widom.
Following Mr. Milligan's report, the Chairman reopened the public .
hearing on. Proposed Goals and Objectives for the Kodiak Island
Borough.
Betty Ford read a letter from R. Holmes Johnson, M.D., stating that it
is an excellent draft with the exception of the fact that it,overlooked•
the health function which the Borough has assumed. He suggested an
additional subheading entitled "HEALTH GOALS: To continue to support
facilities for the development and maintenance of the health of the
citizenry of the Kodiak Island Borough," listing six objectives.
Donna Morgan, Health Director for Kodiak Area Native Association,
submitted a letter and comments from Frank R. Peterson, KANA President,
regarding the goals and objectives. Mrs. Morgan commented that these
draft Goals and Objectives as written are non-measurable; that they do
not address many of the areas which they should be addressing, to
develop plans to meet the total needs of residents of Kodiak Island.
Dr. Bill Gorham, psychologist with the Mental Health Center, supported
the statements by Betty Ford, Dr. Johnson and Donna Morgan. Dr. Gorham
felt that the Goals and Objectives as outlined were comprehensive and
satisfactory with the exception of the health needs area.
Sister Josephine Patti, Administrator of the Kodiak Island Hospital, ;
connented on the lax of the health status not being addressed in the
Goals and Objectives.
The Chairman closed the public hearing. Mr. Milligan stated that one of
the reasons health goals and objectives were not addressed is that the
citizens felt the level of health service provided was good, and not an
area of concern. Mr. Pugh backed Mr. Milligan's statement by adding that
under emergency medical, the majority of the community felt it was
presently adequate. Under "Medical Services" 45% of the Community said
they were presently adequate and 31% said they needed upgrading.
Mr.-Busch commented that the Staff will form the Goals and Objectives
along with the revised Goals and Objectives, and pass them on to the
Borough Assembly for First Reading on November 8, 1977. There will be
a Planning and Zoning Commission Work Session on. November 9; 1977.
Mr. Stuart Denslow, Borough Manager, stated that Joint Forum has
scheduled its next meeting on November 22 with Mr. Blair of Kramer Chin
and Mayo.
Mr. Busch repo' ed on an OCS Oil and Gas Development Workshop held in
Anchorage. The workshop was managed by The American Sotiety of Planning
Officials and was sponsored by the Resource and Land Investigation
Program of the U. S. Department of Interior and U. S. Environmental
Protection Agency. Mr. Busch said that federal and state officials and
local government representatives mentioned several tins that the planning
Kodiak has accomplished would be used as a format for other communities
to follow. Mr. Busch said that credit should be given to the Borough
Assembly for their foresight; to the Planning Department and to the
Borough Manaer for creaticn of the planning program strategy.
IV. ADJOURNMENT 9:30 p.m.
KODIAK ISLAND PLANNING AND ZONING COMMISSION
MEETING NOVEMBER 16, 1977 - 7:30 P.M.
I. CALL TO ORDER
The Planning and Zoning Meeting was called to order by Acting Chairman Dan
Busch at 7:30 P.M. in the Borough Assembly Hall.
II. ROLL CALL
PRESENT EXCUSED
Ron Ball
John Pugh
Gene Erwin
Dan Busch
Phil Anderson
III. MINUTES
P & Z Minutes of August 17, 1977, were approved.
As there was no business the Chairman adjourned the meeting to go into a study
session to study elements of the Comprehensive Plan.
IV. ADJOURNMENT 8:15 P.M.
APPROVED:
ATTEST:
KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION
DECEMBER 21, 1977 MEETING, 7:30 p.m.
I. CALL TO ORDER
The Planning and Zoning Meeting was'called to order by Chairman Phil Anderson.
at 7:30 p.m. in the Borough Assertihly Chambers,
II. ROLL CALL
Present
Phil. Anderson
Dan Busch
John Pugh
Gene Erwin
Tony Perez
.MINUTES
Absent
Ron Ball, excused
Plannimg:and 24.4iimg.r.Coenission Minutes of the October 19, 1977 meeting,
November 1, 1977 Special Meeting on the continuation of public hearing, and
November 16, 1977 meeting were approved by unanimous roll call vote.
IV. SUBDIVISIONS
A. Preliminary
• 1. Resubdivision of Bells Flats, AK Subdivision Block 7, Lot 15 (John
Strahle). The Petitioner is requesting a resubdivision into four (4)
lots of, approximately. 43,540 square feet. Following the Staff report,
Mr. Busch moved to approve the resubdivision of Lot ls, Block 7, Bells
Flats AK Subdivision (John Strahle) with the following stipulations
.set forth by_the Staff: 1) a vicinit ma inercatin ownshi and
be shown on the •la d 2 that i
at least 100 feet away from the septic system and that a septic system
be at least 100 feet away from any stream. Mr. Pugh seconded the
motion. Motion sassed with unanimous roll ca 1 vote.
Iv.' inpommATIom AND REPORTS
A.
Borough Manager
Mr. Denslow reported that Bill Blair, Kramer Chin and Mayo, has scheduled
meetings with Parks and Recreation on January 11 and Joint Forum on
January 13.
Mr. Milligan introduced Robert Marmaduke, Borough Engineer.
VI. ADJOURNMENT: 8:30 p.m.
The Chairman, Phil Anderson, adjourned the meeting to go into a study session.
APPROVED:
Chairman
ATTEST:
1
KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION
JANUARY 18, 1978 MEETING, 7:30 p.m.
I. CALL TO ORDER
The Planning and Zoning Commission Meeting was called to order by Chairman Phil
Anderson at 7:30 p.m. in the Borough Assembly Chambers.
II. ROLL CALL
Present Absent
Phil Anderson
Ron Ball
Dan Busch
Gene Erwin
Tony Perez
Don Baker
John Pugh, excused
Mr. Ball moved the Commission elect Dan Busch as Chairman and retain Phil Anderson
as Vice - Chairman. Tony Perez seconded the motion. Motion carried by unanimous
roll call vote.
Chairman Busch introduced Don Baker as a member of the Planning and Zoning
Commission.
III.. PUBLIC HEARINGS
A. Subdivisions
1. Vacation and replat a portion of "B" Street right -of -way, Tract "A ";
replat to Lot 1 "A" Block 7, Lots 3A and 3B, Block 6, Tract "A" Ouzinkie
Townsite, USS 4871. The property is zoned Residential and is surrounded
on three (3) sides by five (5) lots zoned Residential, and on the south-
east by Municipal Reserve. The Chairman opened the Public Hearing. No
one appeared to testify.
Mr. Anderson moved to approve the final resubdivision of the above -
described property with the following stipulations: 1). the boundary
line of the proposed Lot 3B be redesigned to reflect that Lot 3B fronts
"B" Street, and 2) that installation of public sewer and water be
available to Lots 3A and 3B. Mr. Ball seconded the motion. Motion
passed by unanimous vote. Mr. Ball moved to deny the.request for
vacation of a portion of "B" Street, specifically between Lot 3, Block 6
and Lot 1, Block 7, Tract "A" Ouzinkie Townsite USS 4871. Mr. Perez
seconded the motion. Motion passed by unanimous vote.
B. Exception for mobile park; Lot 2, Block 1, USS 3066 A &B (Alvin Sargent).
The Petitioner is requesting an exception to allow mobile home park use on
the above- described property. Staff finds the proposed development does not
meet requirements set forth in Section 16.40.030 of the KIB Code of Ordi-
nances. Chairman Busch opened the Public Hearing.
IN FAVOR: None.
.OPPOSED: Stan Sargent, nephew of the Petitioner, lives about 50 yards from
the proposed site. Letter from Stan Sargent was read into the record by
Mr. Sargent, and at that time he also stated there is not enough land area to
warrant a mobile home park. Therefore, he feels it would be a gross error
to grant the request.
OPPOSED: Wayne Sargent lives and operates a business on the described
property. He stated he has a five -year lease with option to buy after five
(5) years. Expressed strong objections to the request. Following some
discussion, Mr. Perez moved to table the request for an exception for mobile
home park on Lot 2, Block 1, USS 3066 T &B (Alvin Sargent) until such time
the Petitioner presents a feasible and complete development plan. Mr. Ander-
son seconded the motion. Motion passed .to table the request by unanimous
roll call vote.
IV. STAFF REPORT
The Borough Manager stated he would like to bring the Commission up -to -date on
the- following three (3) activities of significance to the Commissioners'
responsibility:
KODIAK ISLAND BOROUGH PL'. AND ZONING COMMISSION
JANUARY 18, 1978 MEETING, 7:30 p.m.
IV. STAFF REPORT (Continued)
(Th
Page 2
1) Bill Blair, Consultant, with Kramer, Chin and Mayo, recently presented a
progress report on the .status of the Comprehensive Plan. He also presented a
series of maps which summarized graphically the status of each planned element,
describing the rationale. of the presentation. A report will be forthcoming to
the -Commission in written form and upon receipt of the report and the approp- I
riate maps will give the Commission the opportunity to begin technical review
of the first complete draft version of the Plan. Estimated date for public
hearings is approximately,thirty days.
2) Mr. Denslow reiterated that Mayor Wallin is the Governor's appointee to the
Coastal Policy Council. Most recent session. in Juneau did consumate the
statement of goals and policies that would be utilized by the Policy Council
in evaluating Coastal Management Plan, now a legal requirement for-each Borough
in the state The Coastal Management Plan for this Borough will be a major
work item of this Commission immediately following the completion of the
Comprehensive Plan. A set of general policies have been adopted. by the Council,
and will be a major work item for-the Commission the latter half of 1978.
At this point, Mr. Denslow asked the audience to view an educational film
prepared for television by the staff of the Coastal Policy Council. This film
will be available in the Planning Department for interested groups.
3) Mr. Denslow commented on the progress to date with the Karluk .Village planning
problem, stating that Robert Marmaduke, Borough Engineer, has been to Karluk
and reported back since then. Frank Peterson, .President of KANA, had appeared
before the Borough Assembly and requested a resolution be adopted, soliciting
from the Governor a declaration of .emergency for the purpose of providing
specialized funds. The Resolution was, in fact, presented to the Governorby
Mayor Wallin and Mr. Milligan. Mr. Denslow expressed the finecooperation,.
from legislative representatives who were instrumental in getting a quick and
unanimous resolution for emergency funds being made available to the Borough
and the Village of Karluk. In summary, a plan of action has been consumated, .
financial agreements have been reached, and the paper work has been started
dealing with the Karluk situation.
Mr. Marmaduke stated that Kramer, Chin and Mayo, the Parks Advisory Group, and
the City Parks and Recreation Department will be circulating a questionnaire and
will be available to gain public opinion on how to develop recreational areas in
the City and Borough,
Island Lake Sewer and Yacht Club will also be circulating a .petition to seek
support to extend sewer and water lines to the.Island,Lake area.
V. ADJOURNMENT 9:35 p.m.
ATTEST:
APPROVED:
•
VTA.,1,,z:Z=",";• "
4 "
Chairman
KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISS-ION
MEETING February 15, 1978, at 7:30 p. m.
I. CALL TO ORDER
. The Planning and Zoning Commission Meeting was called to order by the Chair-
man, Dan Busch, at 7:30 p. m, in the Borough Assembly Chambers.
II. ROLL CALL
Present Absent
Phil Anderson . Don Baker - excused
Dan Busch . Gene Erwin - excused
Ron Ball,
Tony Perez,
John Pugh
III. MINUTES
Minutes of 12-21-77, and 1-18-78. Mr. Ball moved to approve the minutes of
12-21-77 and 1-18-78. Mr. Perez seconded the motion. Motion passed by
unanimous vote.
..,. IV. PUBLIC HEARING
.Milligan introduced the two elements:,ofthe-omprehensive:P1an: 1) the -
. Economy Population Community Services, and 2) Capacity Constraints, he
also stated that this is a second in a series of public hearings which the
Planning Commission will be conducting on the various elements of the Plan
preparatory to submission of that plan with the Commission's recommendation
to the Borough Assembly.
The Economy Population Community Services is the first element on tonight's
public hearing and the basic data contained within this element is somewhat
a duplication of work previously done in late 1977, as part of the OCS
Impact Study.
The Chairman, Mr. Busch, closed the regular meeting and opened the Public
Hearing for individuals wishing to express opinions on the Economy Population
Community Services Element.
DAN OGG In referring to the population constraint map; feels there is an
error in the projected population as he can account for 150 people living
in his area as opposed to 100.
Mr. Milligan replied that this figure was based on the 1974 Census. Simpson
Usher Jones did a random dwelling count in the area by using a multiplier,
which is a nationally accepted standard of 3.5 residents per dwelling. The
next census will be in 1980.
The Chairman closed the public hearing on the Economy Population Community
Services, an,topened the regular meeting. Mr. Milligan.introduced the Capacity
Constraints by stating that it is compiled of a narrative text: and eight maps.
This element will identify some key facts which would constrain planning for
development in the urban area. These constraints will affect the types and
location of land uses as well as the amount of development that-can take place
without requiring major public investment in utility systems or other .
facilities. In order for growth not to have adverse effects on Kodiak residents,
reasonable and realistic limits on the extent and pattern of future development
must be identifies. A number of natural factors affect the suitability of land
for development. Three have been selected as being significant in the Kodiak
urban area: steep slopes, water and wetlands, and natural hazards.
Mr. Milligan stated that in reviewing this information we find the report to be
accurate based on the latest known information.
The maps are identified as follows:
Map 5 Existing Land Use
Map 6 Steep Slopes
Map 7 - Water and Wetlands
Map 8 Natural Hazards
. .
Map 9 Developable Lands
[Map 10 Water System
.Map 11 Wastewater System
Map 12 Priority Development Areas
The Chairman closed the reg ular meeting and opened the Public Hearing on
Capacity Constraints.
DAN OGG questioned the existing land use map. Mr. Milligan stated that he would
check to verify if a piece of leased land for industrial purposes has been issued
or whether it is a drafting error in-the composite of the map. Mr. Ogg expressed
doubts as to the accuracy of the work on the existing land use map. Mr.
Milligan said Staff would check out the following property description,which
is owned by Mr. Ogg, the status on undeveloped land on Lot 9, Block 4 and Lot
8, Block 4 of Island Vista Subidivision.
PATRICK HOLMES commended the Commission of the approach for developing the
Comprehensive Plan i.e., using hydrolodgy, water usage and looking at the
natural hazards.
Mr. Holmes mentioned Pierson Cove area and the areasnorth and east of the Cove,
more specifically where Father Father Herman's Street comes down to the Cove
as being tsunami areas not mentioned in the map.
The Chairman opened the regular meeting. To Mr. Holmes question regarding an
extension to the public hearing, Mr. Busch replied that the Borough Assembly
will also be hold a public hearing on these elements.
Mr. Milligan replied that Staff would contact Reuben Kachadoorian of the
U.. S. Geologicial Survey and the Corps of Engineers office in Anchorage
to reveiw the Tsunami-Hazard Map for accuracy and for additional areas to
included or deleted.
III. CHAIRMAN'S REPORT
The next regular meeting will be March 15th; at that time the Commission will
be holding a public hearing on the Transportation and Community Facilities
section-of the Plan. Mr. Busch set Monday, March 6th, as a work session
with the City Council to review these two elements.
IV. PLANNING DIRECTOR
The Alaska Coastal Zone Policy Council will hold a public hearing to review
'-,:draft guidelines and standards on February 20, 1978.
Mr. Bill Blair of Kramer, Chin and Mayo, a consultant with that firm, will
be present on February 21, for a meeting with Joint Forum members. On
February 22, the Park and Recreation Council will meet to review data on
the Park and Recreation Community Attitude Survey.
V. ADJOURNMENT
The Chairman adjourned the meeting at 9:00 p. m.
APPROVED
hairman
ATTEST
Th
KODIAK ISLAND BOROUGH PLANNING & ZONING CQ1!1ISSI0N
MEETING OF March 15, 1978, at 7:30 p.m.
I. CALL TO ORDER
The Planning and Zoning Commission Meeting was called to order by the Chairman,
Dan Busch, at 7:30 p. m. in the Borough Assembly Chambers.
II. ROLL CALL PRESENT ABSENT
Phil Anderson Ron Ball, excused
Don Baker Tony Perez, excused
Dan Busch
Gene Erwin
John Pugh
I. MINUTES
Mr. Pugh moved to approve the minutes of February 15, 1978. Mr. Baker seconded the
,motion. Motion passed by unanimous vote:
IV. UNFINISHED BUSINESS
• Mr. Pugh moved that items "A" & "C" be moved town on the agenda , after the public
hearings. Mr. Baker seconded the motion. Motion passed by unanimous roll call vote.
. 1) Item "A" rezone lots 12-18, Blk. 2 and Lots 9-16, Blk. 3 Allman Subd. from R-1
to Business (Bertha Pratt) and 2) Item "C" Comprehensive Plan.
B. .Rezone a portion of USS 2537 B, (Harbormaster building and parking lot area) from
Service recreational to business, City of Kodiak. A letter was received from the
City Manager, stating that the City was withdrawing the application. Mr. Pugh
moved to dismiss the application to rezone the portion of USS 2537 B owned by the
City of Kodiak. Mr. Anderson seconded the motion. Motion passed by unanimous
roll call Vote.
V. PUBLIC HEARINGS
, .
A. SUBDIVISIONS
. . . : 1.. Subdivision of Lot 4 B, Blk. 4 Bells Flats. AK Subd, (Vincent D. Smith). Mr.
I_7,_ Smith is requesting a subdivision of the above property into Lots 4B-1 and 4B-2
,;.: Chairman Busch opened the public hearing.
IN FAVOR Mr. Vincent D. Smith, stated there is no well on the property, just a
cistern system which would not be a problem with well pollution. The cistern was
-installed in October and has no problems. There is no septic system on the lot.
The septic system would be 120' away from any existing wells that would be put in
on the lot, and there is no stream nearby. There is a septic system on Lot 4B-2.
The Chairman closed the public hearing and reopened the regular meeting. Mr. Pugh
•moved to approve the subdivision of Lot 4 8, Block 4, Bells Flats Ak. Subd. with
the Staff's recommendations: 1) that Lot 4B-1 must meet minimum lot width require-
ment of 120' as set forth in Section 17.12.030 (A) of the KIB Code of Ordinances,
2) that the location of an existing well and a septic system by indicated on Lot
4B-2, 3) that information as required under Section 16.16.010 (A) be provided
regarding streams, drainage, etc., 4) that a vicinity map be shown on the plat
showing Township and Range, 5) that a note be placed on the plat stating, "Any
well shall be a least 100" away from a septic system, and a septic system shall be
at least 100' away from any stream. Mr. Erwin seconded the motion. Motion passed with
unanimous roll call vote.
2. Subdivision of Lot 8, Blk. 7, Bells Flats AK Subd. (Laurel Peterson). The
petitioner proposes to resubdivide into four (4) lots of approximately 1.1 acres each.
The property is undeveloped and public water and sewer are not.available. Staff in
reviewing the proposed subdivision plat finds that it meets all the requirements.
Staff recommends the plat be approved: Mr Pugh moved to approve'the subdivision of
Lot 8, Blk. 7, Bells Blats Ak Subdivision Laurel Peterson, per Staff recommendation.
Mr. Anderson seconded the motion. Motion passed with unanimous roll .call vote.
3. Subdivision of Lot 15, Blk. 7, Bells Flats Ak Subd., John F. Strahle.
The petitioner, Staff finds, has complied with the two stipulations required by the
Commission at the time preliminary plat was approved; 1)that a vicinity map
indicating township and range be shown on the map, 2) that it be noted on the plat
that a well be at least 100' away from a septic system and that a septic system be
at least 100' away from any streams or watercourses. Staff recommends this final
plat be approved. The Chairman opened the public hearing. No one appeared to testify.
Mr. Erwin moved to approve the subdivision of Lot 15, Rik. 7, Bells Flats Ak Subd.,
per staff recommendation. Mr. Pugh seconded the motion. Notion passed with unan-
imous roll call vote.
& Z COMMISSION MEETING March 15, 1973
Page 2
4. A Subdivision of Lot 16 A into two lots, Lots 161-1 and 16A-2, Glenn
C. Dick. The Chairman opened the public hearing. No one appeared to testify.
Mr, Pugh moved to approve the subdivision of Lot 16 A, USS 3099, Glenn C. Dick
with staff recommendations. Mr. Anderson seconded the motion. The Chairman read
a letter from Louie J. & Beveraly Horn opposing, stating that the area is deterior-
ating as a result of inadequate zoning enforcement, use ofseptic fields on under-
sized lots, and number of trailer units being placed on these lots causing their
loss of privacy and aesthetic value of property. The Borough Engineer replied to
Mr. Anderson's question regarding the 20 easement by stating that it would be an
access to the new lot and not a dedicated road. Motion failed 3-2. Casting NO
vote: Mr. Anderson, Mr. Erwin and Mr. Pugh.
5. Vacation of Lots 14 A, 14 B, & 14 C, Blk. 7 Bells Flats AK Subd. (Jeffrey
Povelite and Chandler Fisheries, Inc.) Replat to Lots 14 A-1 and 14 C-1, B1k. 7
Bells Flats Ak Subd. (Jeffrey Povelite and Chandler Fisheries, Inc.) and Subdi-
vision of Lot 14 D, Blk. 7, Bells Flats AK Subd. (Jeffery Povelite and Chandler
Fisheries). The Borough Engineer in the staff report stated that the petitioners
are requesting-a vacation and replat of Lots 141, B, and C into Lots 141-1 and _
14 C-1. In addition, Mr. Povelite is proposing a subdivision of Lot 14 A into -
3 lots: Lots 140-1, 140-2 and 140-3. The property is located in an unclassified
zoning •district. Staff recommended preliminary approval of the proposed vacation
and replat and the subdivision with stipulations. The Chairman opened the public
hearing.
:JEFF POVELITE. The petitioner, objected to dedicating public right-of-way. Mr.
Milligan stated that the AK. Statutes require that all properties be provided with
legal access. Following some discussion, Mr. Pugh moved to approve the vacation of
Lot 14 A, 14 B and 14 C, Blk. 7, Bells Flats Ak Subd. and to approve the replat'of
-those lots to Lots 141-1 and 14C-1, Blk. 7, Bells Flats AK. Subd. and to approve
the subdivision of Lots 14 A, Blk. 7, Bells Flats Ak. Subd. Mr. Anderson seconded
the motion. Mr. Pugh amended the motion to read as follows: to approve the prelin-
-. inary approval of the vacation of lots 14 A, 14 B, and 14 C, Blk 7, Bells Flats
Ak. Subd., and to approve the replat of those lots to Lots 14 A-1 and 14 C-1, Blk.
7, Bells Flats AK Subd. and to approve the subdivision of Lot 14 D, B1k. 7 Bells
Flats Ak Subd., contingent upon the Staff recommendations:1) the..60'access &,utility ease-
. _ ment be converted into a dedicated public right of way; 2) location of the present
'-'''':=; buildings, lake and watercourses be indicated on the plat; 3) the names of recorded
owners of adjoining properties be shown on the plat; 4) that a vicinity map at a
.- legible scale showing township and range be included on the plat; 5) that the size
of all lots included in this subdivision shall be subject to the approval of the
State Sanitarian. Mr. Baker seconded the motion. Motion passed with unanimous
roll call vote on the amended motion. Motion passed with unanimous roll call vote
on the original motion. .
6. Vacation of portion of Tagura Road, USS 2533 B (Mrs.-Roger Bryant). Petitioner
submitted a request to vacate a portion of Tagura Road and replat the roadway consist-
tent with its constructed configuration. The area to be vacated and replatted
includes properties owned by individuals other than Mrs. Bryant. Staff recommends
this request be denied as the application is not complete and would replat properties
without the consent of the lawful owners. The Chairman opened the.public hearing.
ED KOZAK: Representing KEA. Asked why KEA had not been notified regarding possib-
ility of a vacation in this area. Mr. Mulitalo replied that the utility companies
were not contacted because the application did not meet requirements set forth.
Therefore, Staff's reason for denying the application and application was not processed.
Mr. Pugh moved to table this item to give the parties a chance to get the information
together and submit a better application in a month or two. Mr. Mulitalo pointed out
that according to AK. Statutes a plat has to be approved within 60 days. If there is
no action taken the plat will be automatically approved. Staff prefers the request
not be tabled. Motion died for a lack of a second.
Mr. Anderson moved-that we disapprove the application for a vacation of a portion of
Tagura Road, adjacent to Lot 17, Blk. 34. Mr. Erwin seconded the motion. Motion
passed with unanimous roll call vote.
B. OTHER
Vacation of Lot 5, Tolbert Subd. and Lots 4, 5, a portion of Lot 6 and Lots 3 & 9,
Blk.1, USS 2910; Replat to Lots 5 A and 6 4, Blk. 1 USS 2910. This case has been
appealed to the City Council for the City of Kodiak seated as a Board of Adjustment.
A more complete records is being prepared.
• ., .
•
.LT:NG 0;
CALL TO OnU;
I. The Chairman Mr. Ble-,e ,e t
in the Borough ;,sme.eblv
II. ROLL CALL
Mr. i;•all re. l‘nde:-:o, exele,ec!
Mr. Lrwin
Mr. Perez
Mr. Pugh
r Mr. Baker
Mr. Busch
A quorum was established. There were eppyoximately n citizens in the audience.
II.. UNFINISHED BUSINESS
1. Special exception fcr natural resource extractiou. Lots 1 & 2, Blk. 6, Miller
Point Ak. Subd. and Lots 1 & 2 Blk. 10 Miller Point, 1st Add., (John Eufemio) and c
Lots 9 & 10, of USS3464 (Hart Reinieitz). The Chairman read a letter from Hr.
H. L. Scurlock, representincj the petitioners, requesting a postponement of approx-
imately thirty .(30) days, to allow the, ajditional-time to respond to the reommend-
ations of the Planning Department. rir..Puh moved tn postpone action of the request
for thirty days of Lots 1 & 2, Elk. 10 Miller Point it Add. (John Eufernio and Lots
q & 10 of USS (Hartmut Reinitz). Mr. Perez seconded the motion. Motion passed
with unanimous roll call vote.
IV. PUBLIC HEARINGS
1. Subdivision of Lot 4, Blk. 7, Bells Flats Ak. SubJ. (Herbert Stickney). In
presenting the staff report, Mr. Marmaduke, read a letter from Mr. & Mrs. John
Randolph staling there are not opposed to the request. The Chairman opened the
public hearing.
..t, HARRY CARTERi Executive Director of the Bells Flats Village Corporation, wants the
record to reflect that the corporation protests the proposed subdivision and an] other
1--
--; proposal.triat relates to land in the Bells Flats area, which have rot yet been
patented to the State of Alaska and therefore are illegal transfers. The Corporation
objects to any decisions made by the P & Z or the Borough until the issue of land
ownership has been resolved. Chairman 'Busch closed the public hearing. -
Mr. Ball moved to approve the subdivision of Lot 4 Blk 7 Bells Flats Ak Subd: Mr.
Perez seconded the motion. Motion QRSSe with 4 ves and 2 NO'S with Mr. Erwin and
Mr. Pugh casting NO votes.
2. Subd. of Tract H. USS 1396 (Leroy P.ussell) Following the staff report, the
Chairman opened the public hearing. No one appeared to testify:
During the discussion, Mr. Millio.n stated that the area is totally within the Flood
Plain. It is imediately below a wood re'seeining structure on Lake Bettinger and
cannot he built upon under flood restrictions unless the dwellings are raised above
the potential flood level. Mr. Milligen also stated that this is the same piece of
property dropped fro:.! the origie.31 Alderwood L2CC.nC it was deter.mined to be hazard-
ous to the residents for recrea;:ion pueeoses.
Mr. Ball moved to zIporeee the .subJivise ie n'r Treet H. W:S 139 (L. Russell). Mr.
• -%... .
Baker seconded the FIC!-C1,,M. Mo:-.ion faile,.! 3-3 ,,-ic.:1 .lis. Lewin, fly. Pmin and ;-..
Perez casting NO votes.
3. Vacation of Lots 27 A F. B, and 10 e:see'ent. YSS ..;i:!(11; Ro:!at to Lot 27 HSS 3093,
(Craig Bish.-1p). Fnileei Lo ft- to orc:md tllo public hering
in favor of this
-:.....t: CPAIG P"ISKP ct.lt-.'
. purpose cr orlul!-Iai 1
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:Ietien le-sY . ,-
P & Z COMMISSION MEETING Page 3
4-19-78 continued
Mr. Pugh moved to grant the special exception for natural resources extraction of
Lot 5, Blk. 5, Miller Point Ak Subd., (Sid Urie) with stipulations as presented by
the Borough Engineer and the stipulation that no more than 3,000 cubic yards of
rock be removed from the site. Mr. Perez seconded the motion. Motion passed with
unanimous roll call vote.
C. OTHER
1. KIB Comprehensive Plan and its supporting elements. Mr. Milligan gave the
2:7 Staff report. Mr. Busch then stated that it is the intent of the Commission to
.:t.1 develop recommendations to present to the Borough Assembly for their consideration
on all of the elements of the Comprehensive Plan. The Chairman opened the public
hearing.
DAVE HERRNSTEEN: Feels the Comprehensive Plan is too complex for Kodiak; feels
the resolution is being rushed through. The Chairman suggested Mr. Herrnsteen
attend public work sessions on April 24 & 25.
BILL WILLIAMS commented on rural residential. Feels life style will change, referring
to the new zoning ordinance.
, IVAN 1JID0M stated that the elements before the commission should be determined by
the City not the Borough. He feels that if the City of Kodiak is going to fund
projects through local taxpayers then the City of Kodiak should control their CIP,
with some limitations, ie, villages. Doesn't feel that the Planning Staff, as an
instrument of the Borough, in applying the Comprehensive Plan can tell the City
what it can and cannot do.
Regarding Study Element 7, Environmental Impact Statement, Mr. Widom and Mr. Beukers
have reviewedit and it is their opinion that it is a potentially damaging document.
By damaging Mr. Widom refers to the future growth of Kodiak and its support services.
CAROL LECHNER: City Council, Kodiak Taxpayer and KIB Taxpayer states she is not
prepared to speak tonight, but feels that the CIP is ridiculous.
ROYAL LARGE feels that the Borough is going overboard trying to be all things to
all people.
CHRIS BILLINGS inuired about the trailer park section.
RON ESCHETE' stated he is generally in favor of the Comprehensive Plan and has
attended the Plan worksessions and meetings. Feels the stage development is good.
The Chairman recessed the public hearing until April 19, 1978, at 7:30 p.m; The
Chairman scheduled a public hearing on April 26, 1978 for final Commission review
of the Plan.
V. AUDIENCE COMMENTS
Mr. Ed Opheim appeared to find out the status of his subdivision on Spruce Island.
He was adviSed the Borough Assembly had denied his variances. The plat can be
resubmitted at any time. The chairman requested this matter be placed on the
Commission agenda for April 26, 1973.
VI. ADJOURNMENT
The Chairman recessed the meeting at 11:35 p.m. to reconvene on April 20, 1978, at
7:30 p.m.
ATTEST
APPROVED
7:/"7
Chairman
PLANNING & ZONE7G C0. MEETING
April 20, 1978,. at 7:30 p.m.
I. . CALL TO ORDER
The P & Z Commission Meeting was called to order by the Chariman, Dan Busch,
in the Borough Assembly Chambers, at 7:30 p.m. This meeting is a continuation
of the April 19, 1978, meeting.
II. ROLL CALL
PRESENT
Mr. Ball
rMr. Baker
--7,' Mr. Perez
..,
Mr. Pugh
Mr. Busch
Mr. Erwin
ABSENT
Mr. Anderson (excused)
A quorum was established.
III. PUBLIC HEARINGS - continued
1. KIB Comprehensive Regional Plan and its supporting elements. The Chairman
,reopened the public hearing on the Comprehensive Plan, specifically; Land
Use Map, Zoning and Subdivision Regulations, Environmental Impact Analysis and
Capital Improvement Program.
CAROL LECHNER: City Council. Stated that the Comprehensive Plan is a
_ political document and feel that the City of Kodiak was not consulted for
, input. The City would like to see the following items changed or deleted:
1. Element 5, Zoning Regulations Study, section 17.04.030, page 45.
2. -Element 6, CIP, page 1, first paragraph of introduction; page 4 annual
calendar for approval of CIP takes four months; no". consideration for
emergency projects.
Objects to the Borough being involved in City of Kodiak's funding of projects.
Wants the commission to table the Resolution on plan adoption.
Borough on thoroughness and comprehensive preparation of the Regional and
CRAIG BISHOP: President, Kodiak Area Chamber of Commerce, complimented the
Development Draft Summary Report. However, the following items are some
areas which they do not agree upon:
1. Page 13, 2nd paragraph, "it appears Kodiak has some potential for tourism
growth...". The truth is that tourism is the second largest industry in
Alaska.
2. Page 17, 2nd paragraph, If tourism is seasonal why not have as much seasonal
employment as possible. Industry cannot be supported with services, tourism
needs very little.
3. Page 27,-iegarding-; Pillar Mountain, feels that the pressure should be
removed from the top, sell the rock.
4: Pages 53, 54, 55, 56, 57 and 68, directs itself to Kodiak traffic. Kodiak
has done much improvement,in roads and streets in the past two years.
5. Page 59, last paragraph; Float planes are a big business in Kodiak and are
an aesthetic part of Kodiak and should be maintained.
6. Page 67, feels that DOg Bay and related development shoud be encouraged.
7. Page 70, feels that Kodiak should encourage employment. The plan is simply
not factual in this category.
8. Page 72, In summary; the Chamber does not agree that an Industrial Park
'at the municipal airport is sound if it would eliminate the airport. We
• ,:.believe that limiting downtown business industry would be a mistake and
would cause economic business demise in the case of small businesses. Do
not allow subsidiary neighborhood commercia3 centers at this time. Take
the pressure off Pillar Mountain by commercial sale and removal of material
off the top. Do not discourage seasonal employment. Its better than
welfare and enemployment compensation.
CRAIG BISHOP: Representing a businessman, KIB, and City taxpayer. Feels the
Comprehensive Plan is negative and detrimental outlook on the community.
Mr. Bishop commented on Study Element 5, Zoning and Subdivision Regulations,
Working Paper C up through page 43. The Commission requested submittal of
comments.
P & Z COMMISSION MEEil4G con't
April 20, 1978, Page 2
• ROYAL LARGE: Study Element 5. Objects to legal notices posted on private
property.
RON ESCHETE: Inquired as to the consultant's recommendation on.land proposed
for commercial.
MIKE SHOCKLEY: Questional 17.02.020 and the official zoning map. Feels it is
not realistic and is incorrect.
CHUCK POWELL: Reguarding Zoning and Subdivision Regulations #5. Questioned
the minimum lot size. Recommended the Commission to table the resolution and
suggested the Borough to update Tryck, Nyman and Hayes (1968) Report.
DAVE HERRNSTEEN: Feels Kramer, Chin & Mayo has ignored public input reguarding
Mill Bay Road, Airport and Near Island.
commented on the.following; Page 13, recommendation 1: Increased fishing
..--activity amid adversely impact water quality.
CAPACITY CONSTRAINTS & DEVELOPMENT
Objects to the cost of the Geotechnical investigation. on Pillar Mountain:, -
'...Against more study and investigation on tsunami's,
Page 15, doesn't approve of the wording reguarding septic tanks.
Would like to see something more positive in recommendation #4, reguarding
storage capacity.
Recommendation 5: feels too much study for the size of Kodiak
" 4 .
Recommendation 6: conservation zoning is a tool to concentrate people into an
area and objects- to this.
Recommendation 9: is against building schools before needed to.encourage families
to settle in Kodiak.
TRANSPORTATION
Page 19: feels there should be some flexibility regarding roads. Borough
standards much too expensive in building.
Page 20; objects to the word "may" in the following sentence. It may cause
adverse impact on property owners.
Recommendation 6, page 21, objects to this proposal.
Recommendation 7, pilots should be consulted.
Recommendation 8, should have more community input
Page 22, regarding housing, doesn't want another Aleution type area in
Spruce Cape.
When the Commission asked Mr. Herrnsteen to submitt comments, Mr. Herrnsteen
said that after the commission had made revisions it would be more productive
at that time for a worksession and the public could make further revisions at
that time.
GAYNELL HATCHER: City Council, urged the commission not to pass the comp plan.
Stated that the City of Kodiak had no input.
Public hearing closed.
Mr. Pugh, regarding financial consequences with federal and state govenment
if the commission does not give a recommendation to the Borough Assembly
by due date.
Mr. Milligan replied that in order to meet the criteria of the grant the
Borough Assembly can accept the work; not adopt the plan. The Borough
Assembly must accept the consultant's draft by April 28, under the term of
the contract.
•
P & Z COMMISSION MEE .G con't
April 20, 1973, Page J
IV. INFORMATION AND REPORTS
A preliminary report from Terry Maguire, Department of Transportation,-regarding
the present plans in development stage for the master plan on the state airport.
There will be a public hearing on June 5, 1978, in Kodiak.
V. CHAIRMAN'S REPORT
There will be a sepcial meeting on April 26, 1978, regarding Mr. Opheimlz
proposed subdivision of 56.4 acres within USS 1671, Spruce Island. The
Planning Director stated that there will be a study session on April 24 & 25.
[
4/I. COMMISSIONERS COMMENTS
r-1 • Mr. Perez thanked the citizens for their input regarding the comprehensive
.:.:
plan.
VII. ADJORNMENT
The meeting adjourned at 10:10
APPROVED
Chairman _2%9
ATTEST
cor.ti%uaj 'Lay 17.7
GERALD GUDENAU. '.ould appreciate his lot he rezoned to n-3.
770TTY-: 7L7MEACK. He feels there is confusion reading zoning.
M. NI- NPK SZABO. nuestioned the confusion regarding zoning.
The Chairman-closed the 2ublic Hearing and opened the regular meeting.
Mt. Ball moved to rezone from Unclassified to a-3. Lot 13. Slack 2.
Russell Estates ?nd Addition. '!r. Anderson seconded themotion.. Motion
passed-6-yE3 votes. Mr. Ba'.,.er refrained from casting a vote as he is a
property owner living within the requested application.
3. Rezone from Unclassified to Business, Lots 3 & 4, Block 3, Miller Point
AK Subdivision First Addition, (G. Furin).
Following the Staff report the Chairman closed the regular meeting and
opened the Public Hearing in favor of the request.
MR. ROBERT LEGGETT:-Mr. Leggett reque•t's azoning change to allow the
development of a mini-storage facility.'Mr. Leggett also stated that the
development would creabaa minimal adverse impact on present and anticipated
surrounding uses; the initial development T.Tould he capable of functioning'
independent of public water and sewer until available.
Mr. Pugh moved to postpone any action of this particular item until after
the adoption of the new Comprehensive Plan. Mr. Perez seconded the notion.
Motion passed 6-Yes votes. Mr. Erwin declined to vote as he is a property
owner within the area.
4. Rezone from Industrial Reserve to Unclassified Tracts A & B, Dells Flats
AK-Subdivision (Residents and property owners).
Following the staff report, Mr. Mulitalo read into the record letters from
the folloing:
.MR. DEWITT FIELDS Member of Kodiak Livestock Coop, strongly recommends
area remain industrial.
CHARLES JOHNSON, Member of Kodiak Livestock Coop, objects to rezoning.
TONI BURTON. Opposed. Presented petition on April 6, 1973.
MARLENE WASSON. Supports therrezoning.
WILLIAM FEARN. Supports the rezoning.
TOM- & MARY GALLAGHER. Opposed to rezoning.
BRECHAN ENTERPRISES. By changing the zoning, gravel supply would'severely
be impacted in Kodiak.
7-The ChairMan.closed the regular meeting and opened the Public Hearing, in
favor of the request.
M. BILL WILLIAMS is a resident of the area altho not within 300'. Objects
to industrial use as it is close to prime salmon streams; also is concerned
with the safety of the children in the area.
MR. GLENN MATHIS, is the owner of Lot 17, 5lock 7, opposed to trucks in
residential area. He also discussed pollution and the inability to clear title.
MR. VINCE SMITH questioned the area as being open range for cattle.
MR.. KENT CARR lives on Lot 13 E, Bells Flats,supports Mr. Williams statements.
MRS. BEATRICE GEDDIS, Objects to gravel removal near salmon streams. Also
objects to big vans and chuckholes in the area.
nR. TOM LOGAN stated that he would like to voice object on behalf of the
population of the ;30f01.1, which incorporates 98% of the population.
MR. ROYAL LARGE presented letters in opposition of this request ancLMr. Pugh
read the letters from the following: Kodiak Seafood Processors-Jeff Johnson;
Kodiak Chamber of Commerce-Tiny Boyer; Kodiak Retailers Association-Penny
Lavigne; Kodiak King Crab, Inc., Steven Howell.
A petition signed by 70 people opposing the proposed rezoning stating indust-
rial sites are in short supply
MR. BARRY STILL stated that no alternative sites have been provided for
source of product which provides asphalt, rock etc.
The Chairman closed the -c-nblic Hearing and opened the regular meeting.
During the lengthy discussion, the CommissiOn was in agreeance that 1) the
request was not submitted by the owners 2) there is a need for the land
as it is presently zoned and being used, 3) the rezoning of this land
without extensive review by the Commission and the Assembly would be premature.
Mr. Anderson moved to recommend to the orough Assembly not to rezone Tract
B. containing Lots 31, 32,33. 35 and all of Tnnet A containing Lots PI
P2, P3, 24, P5, 26. 27-A, 737-S and ?3, Sells :lats. Subdivision from Industrial
Reserve to Unclassifiec. Mr. Sall seconded the motion. Motion passed with
unanimous roll call vote.
r-,
)
Z MINUTES, JULY 26, 1978 Page 4
Chairman Anderson introduced Case Z-78-061. a request for a variance to
permit construction of an additional building to house a manager's quarters,
laundry room, office and recreation room at Spruce Manor Apartments, requested
by Mr. C. A. Poythress.
Mr. Milligan made the staff presentation based upon a memorandum prepared by
the Planning Department analyzing the requested variance.
Chairman Anderson then opened the public hearing and asked Mr. Poythress to
come forward and present his requested variance.
Mr. Poythress stated that there are presently 31 units in the project and that
there is 1 parking space for each of the 31 guest rooms plus 3 extra guest
parking spaces. Of the 31 units, presently the occupants of 14 of those units
have no cars. He stated that it was their intent to build the new building
to house a laundry room, an office,. ,a recreation room and quarters for the
manager. The existing laundry room and office are located in the basement of
one of the buildings. And this would allow the conversion of that space for
storage purposes. He stated that new building would enhance the site and would
not interfere with any existing parking. Mr. Perez asked if Mr. Poythress was
aware that he was over built on the site. Mr. Poythress answered "yes, it was
over built but that he felt that the additional construction further enhance
the appearance of the area. Mr. Perez asked what Mr. Poythress intended to
to with existing space in the building if the variance was granted. Mr.
Poythress responded that the one apartment that the manager uses now would
remain an area for storage would be taken up by the existing laundry room and
office as that space is presently located in the basement and was not feasible
for additional apartments. -Following a lengthy discussion between Mr. Poythress
and the Commission concerning the existing site and its future intentions, the
public hearing was closed.
It was moved by Mr. Pugh and seconded by Mr. Baker to grant the variance request
for construction of an additional building to house a manager's quarters,
laundry room, office and recreation room at the Spruce Manor Apartments, requested
by Mr. Poythress. The variance was denied by a vote of 1 YES and 5 NO, with
Mr. Anderson, Mr. Ball, Mr. Erwin, Mr. Perez and Mr. Baker voting NO.
Next Chairman Anderson introduce Case L-78-001, a request for a borrow site lease
submitted by Felton Construction Company for Tract B-1 Bells Flats Alaska
Subdivision. Mr. Milligan made the staff presentation based on a memorandum
prepared by the Planning Department analyzing the application. Following his
presentation Mr. Joseph Spring of Felton Construction came forward and explained
the reasons why Felton Construction Company was submitting this new borrow site
lease application. Mr. Spring explained he had worked closely with the Staff,
Mr. Tubbs, Mr. Marmaduke in preparing all of the required data for the Planning
Commissions review. He explained that the Felton Construction Company lease
on Tract B-1 was due to expire on the 26th of July and that they were caught
in the bind of a change in regulations between former Borough land disposal
regulations and those presently contained in Title 18. He also explained
that while the Borough Assembly in adopting new regulations for the lease and
disposal of the land had retained the former provisions of the code dealing
with Borough site lease and there were some problems between the old and the
new regulations and his company was caught right in the middle of this change.
An extensive discussion followed between Mr. Spring and members of the Commission
concerning Felton Construction proposed use of the land and the length of time
that they would be utilizing the land. Mr. Spring explained the intent of,
at this point of only applying for a 3 year lease which he felt would adequately
cover the time necessary for preparation of new regulations at which point they
would submit a subsequent new lease application under whatever new regulations
the Borough has adopted.
It was moved by Mr. Pugh and seconded by Mr. Perez that the Planning Commission
recommend to the Borough Assembly that the Borough Assembly a new lease to
Felton Construction Company on Tract 8-1 Bells Flats Alaska Subdivision for a
period of 3 years. Motion passed by unanimous roll call vote.
Next was an appearance by Mr. Don Henderson of the Kodiak Development Company
requesting a temporary waiver of Item 8 in Kodiak Island Borough Assembly
Resolution # 28-77 which dealt with the requirements for occupancy of the
Alderwood Townhouse Subdivision. Mr. Henderson explained that there had been
numerous problems with the completion of the offsite sewer system required for
completion prior to occupancy of the Alderwood Townhouse Development. He —
explained that under their present financial situation that it was not finan-
cially feasable to repair and place into operation that offsite line at this
time. Thus he was seeking from the Planning and Zoning Commission a
recommendation that the Borough Assembly waive the completion of that offsite
system prior to occupancy and that they approve for a 2 year period,temporary
•
„., • ,
P & Z MEETING OF SEPTEMBER 20, 1978 Page 2
2. Borrow Site Lease for Tract P-4, Bells Flats Alaska Subdivision, (Royal
Large). Mr. Marmnduk2 gave the staff ropnrt. He replied to Mr. PVgh's
question regarding Mr. Large cleaning up the area; that h8 is required
to dress the Slopes 2-1' He is not required to fill in excavated areas
below the mater line. The Borough's Land Consultant, Dale Tubbs, recom-
mended that the Borough issue contract for the north and easterly side
Of Sargent Creek Road to level the site within 3' of the mean high water
tnble. Require west leg to be groomed by May of 1979'
Stan Fisher, representing Royal Large, stated there is no reason not to
renew Mr. Large's lease as he has complied with provisions. He also
stated that Mr' Large is a small businessman and 'does not make a lot of
money, but nevertheless is a form of resource. He has put in a lot of
effort and time-six years.
It was moved by Mr. Perez and seconded by Mr. Erwin that the Commission
table this item. No action taken. It was moved and seconded by Mr. Pugh `
that the Commission table this item until October 5,1978. No action
.takeD. It was moved by Mr. Perez and seconded by Mr. Pugh that the
Commission postpone this item until October 4, 19/8, special meeting.
'
Motion passed by unanimous roll call vote.
VII.' PUBLICHEARINGS
` A. Subdivisions
1. .Vacation and r8platUf Lot 10, Blnck 1, Russell Estates Subd. (Mr. John
,-.Fedon Canas). Mr. Marmaduke, in the staff report, stated that the
',?:,7,7BOr'dilgh-At'SemblY-had only-granted preliminary:approval 'and the.plat was now
'baCcb2fOr2'theCom0tSSinU for _final plat approval.
The Chairman closed the regular: meeting and opened the public hearing.
No one appeared to speak on behalf of this request.
FRED GAFFNEY OPP0SED, Mr, Gaffney lives, on Bl0Ck9, Russell Estates and
adjoins the property in question. Mr. Gaffney presented a petition signed
by 29 local property owners and residents of Larch Street, requesting the
P & Z deny the request. Specifically the petitioners object to the
additional 5,000 sq. ft. of unclassified land to the existing lots. Property
in question is under water. Mr. Gaffney is also concerned with parking.
JOHN CAPAS. Stated that Mr. Gaffney and some of the neighbors are trying
to block the utilization of the land so they can increase the value of the
property. Mr. Capas replied to Mr. Perez question that his "intent was to
increase the back ydrdy' "I dmflDt prepared to make any further comments or
statements." The Chairman closed the public hearing and reopened the
regular meeting.
Mr. -Milligan replied to Mr' Pugh's question that there is no transfer from
One portion of the lot to other of deY2lUbm£nt rights in a different zoning
district. Also that the Borough Attorney had indicated that the division.
into 2 or more parcels of Mr. Grothe's property would constitute a subdivision,
The vacation and replat accomplishes the requirements for subdivision. Mr.
Milligan replies to Mr. Perez's question that approval of the preliminary,
which was granted by the Borough Assembly, is tantamount to the approval
of the final? He would have an excellent case because preliminary approval
has been held by nearly every court in the country to be tantamount to final
approval. Mr.' Capas has met all the requirements r8: the replotting'
It was moved bv Mr. Perez that the vacation '& repldt of Lot 10, Block 1,
Russell Estates Subdivision, property owned by Mr. John Capas be accepted. '
Seconded by Mr. Erwin., Motion passed 4-1~ with Mr. Baker casting a NO vote.
Rezoning
1. (Kodiak Hestern),r.zOne Tract "A" U33 3468 from Service Recreational to
Industrial. Mr. Milligan, in the staff repOrt, stated that this re-
zOnina entails only Z!/ acres of land. The land in question is immediately
adjacent to the runway, Lily Lake and to residential deVelOpmeDt. The
question is whether or not aviation activities should be allowed in
Service/recreation district
P & Z MEETING OF SEPTEMBER 20, 1978 PAGE 4
'Mr. Perez moved to adopt the Kariuk Redevelopment Plan. Seconded by
Mr. Erwin. Motion passed by unanimous roll call vote.
B. OTHER
1. Chairman's-Report - None
2. Staff Report
Work Session scheduled for October 4, '78, to review the status
of.Kodiak Borough lands and to start to develop preliminary recommenda-
tions for the Assembly on lands that the Borough could dispose of &
to also look at lands in Bells Flats/Russian Creek area for lands
available.-for disposal.
3. Monthly Building Report
IX. COMMISSIONEWS COMMENTS
Mr. Pugh gave remarks about land sale and lease applications.
Chairman Busch set date of October 25th for the Commissioners to go over the
Land Sale Report and to prepare the ,Commission's recommendations.
X. AUDIENCE COMMENTS - None
XI. ADJOURNMENT
,-,:Chairman Busch adjourned the meeting.
SUBMITTED:
APPROVED:
I
KODIAK ISLAND BOROUGH, Minutes for the
PLANNING & ZONING COMMISSION MEETING
OCTOBER 4, 1978, 7:30 P.M.
CALL TO ORDER
The Planning and Zoning meeting was called to order by chairman Dan
Busch in the Borough Assembly Chambers.
ROLL CALL
Present Absent
Mr. Dan Busch, Chairman
Mr. Don Baker
Mr. Gene Erwin
Mr. John Pugh
III OLD BUSINESS
Mr. Phil Anderson (excused)
Mr. Ron Ball (excused)
Mr. Tony Perez (excused)
A. :Borrow Site Lease for Tract P-4, Bells Flats, (Royal Large).
Mr. Large has asked for a postponement on his Borrow Site
Lease Application.
: IV PUBLIC HEARINGS
1. Requesting a rezoning from Unclassified to Industrial, Tract S-4
U.S. Survey 3218, 8.56+ acres, (Mr. Russell Welborn).
2. Requesting a rezoning of Lot 2, Block 1 of Tract M, U.S. Survey
" 3218 from Unclassified to Industrial, (Leroy A. Wittch).
,= 3. Requesting a rezoning of Lot 1, Block 1 of Tract M, U.S. Survey
• 3218 from Unclassified to Industrial, (Alagnak, Inc.).
4. Requesting a rezoning - U.S. Survey 3218, Tract S-2 from Un-
classified to Industrial, (Brechan Enterprises, Inc.).
5. Section 17.27.030, an interpretation to determine the definition
and intent of the use of the word "Highway", (Industrial Reserve
Zoning District).
• The chairman introduced the above cases; Z-78-051, •Z-78-059, Z-78-058,
& Z-78-060. Mr. Milligan outlined the property,.the nature of the re-
quests and the remanding action of the Borough Assembly.
Chairman Busch closed the regular meeting and opened the public
hearing on all the above,liBted items 7: -
IN FAVOR OF: The following are all those who wished to speak in favor of
the above rezoning requests:
Mr. Russ Welborn: Doesn't understand the resistance to rezoning from
unclassified to industrial.
Mr. Bud Fidaoff, representing Shelikof Net Co.: Stated if rezoning
were denied their business would have to relocate.
Mr. Lou Iani, representing the Alagnak & Brechan rezoning: In regards
to the Shelikoff Net Co. property, we were issued a building per-
mit, in error, & then leased the property to Shelikoff Net.
Without rezoning they will have to move somewhere else, due to
someone else's error. In regards to Tract S-2, we want to put
an office complex on the property.
Mr. Leroy Wittich: Has an acre of land bordering on Mill Bay Road.
Doesn't feel he can build housing due to lack of sewer availa-
bility. Wants to put a shop or warehouse on his property.
KODIAK ISLAND BOROUGH .
PLANNING & ZONING COMMISSION MEETING - MINUTES
(Continuation of regular meeting held October 18, 1978)
NOVEMBER 1, 197, at 7:30 P.N.
Held in the Borough Assembly Chambers
IN FAVOR:
PAGE 17
Is fearful that a duplex could be put on the property if left the
size it is at present.
MR. ERDMAN: Feels that there is good drainage on the property,
and seriously questions the quality of the water as presented by
Mr. Chase and Mr. Hernstein. Mr. Brighton checked the water, but
later he retracted his o.k. because of the complaint received from
Mr. Chase. (Discussion between some Couuuissioners, Mr. Chase and
Mr. Erdman took place.)
Chairman Busch closed the public hearing and opened the regular meeting.
Mr. Milligan offered to call Mr. Cherry at the Department of Environ-
mental Conservation Office in Anchorage and ask him to have one of his
field people come down, take a look at the property & make a determina-
tion or request the necessary tests of the site to deteLmine whether or
not it is suitable.
Mr. Ball moved that the Commission table this request. Seconded by
' Mr. Perez. Motion passed by unanimous roll call vote.
IV COMMISSIONER'S COMMENTS
RON BALL: Welborn/Brechan (Alagnik). He moved to remove from the table
for discussion. Seconded by Mr. Pugh. (Includes Tract S-4, USS 3218-
.'.by Mr. Welborn; Tract S-2, USS 3218 by Brechan; Lot 1, Tract "M" &
.Lot 2 Tract "M" by Mr. Wittich & Alagnik Inc. of USS 3218). Motion
• passed 4-2 with Mr. Busch and Mr. Pugh casting NO votes. Some discussion
followed between the Commissioner's. Mx. Ball moved that the Commission
return this request to the Borough Assembly under the same conditions
that we sent it to them the first time; (rezone those four pieces of
property to industrial.) Mr. Milligan advised that the Commission
have a statement saying whether or not there is a need for any type of
buffering around that property at this time. Mr. Ball restated his mo-
tion, and moved that the Commission rezone the lots in question to in-
dustrial without any buffer zone, and return it to the Borough Assembly.
Seconded by Mr. Pugh. (Note: Check out whether the Commission can put a
condition on this matter re: Brechan maintain drainage in that swamp
area, instead of continuing to fill it in.) Motion passed 4-2 with
Mr. Busch and Mr. Baker casting NO votes.
Mr. Pugh:moved-the Commission take request for a lease application by
Mr. Royal Large for a tract out in Bells-Flats off the table. Seconded
Mr„ Anderson. Motion passed 5-1 with Mr„ Perez casting a NO vote.
Mr. Milligan gave update on this request. Staff recommended that the
only portion of Tract P-4 that be considered for such lease would be
that portion between the road and the creek that has been excavated for
Some time, where there still may remain some materials to be removed
and where there is some necessary site restoration and fill work to be
done to eliminate standing waters and to bring the property back to
within 5' of the road, although we feel that it's probably quite close
to no more than 5' below the road, and also a small portion of P-4 near
an abandoned power house where there has been some excavation. Is lo-
cated opposite the road. Also recommends that no lease be recommended
to the BorOugh Assembly that has covered a period of time greater than
one year.
Mr. Ball moved that the Commission make a borrow lease to Royal Large -
on Tract P-4, Bells Flats Subdivision, and that's all of Tract P-4,
and any excavation or any work that is done on the westerly side of
Sargent Creek Road must be first approved by the borough Planning staff
and engineer. (the borough planning staff will come up with a plan
of what can be taken out of that area, and then Mr. Large will be allow-
ed to remove it. He can only remove what the borough planning staff
comes up with, and no more whatsoever. Seconded by Mr. Pugh. Motion
passed by unanimous roll call vote. (Note: Mr. Busch hinted that the
staff do it's homework within the coming month,)
KODIAK ISLAND PLANNING AND ZONING COMMISSION MEETING
DECEMBER 20, 1978, at 7:30 P.M.
BOROUGH ASSEMBLY CHAMBERS
CALL TO ORDER
The Planning and Zoning meeting was called to order by Vice-chairman,
Phil Anderson, at 7:30 P.M..
II ROLL CALL
Present Absent
Ron Ball
Virginia Crowe
Gene Erwin
Tony Perez (7:50 p.m.)
John Pugh
;Phil Anderson,-Vice-chairman
III MINUTES
Dan Busch, Chairman (excused)
A. P & Z Minutes of November 29, 1978 and P & Z Minutes of December 1, 1978
Mr. Ball moved to approve the minutes as presented. Seconded by Mr.
Erwin. Motion passed 4-1, with Mr. Pugh casting a NO vote.
Mr. Pugh indicates that there is an "if" missing in his motion made
in the Special Meeting of December 1, 1978, on the certificate of
occupancy for the Alderwood case. (Second line of motion should read:
units are to be occupied until a certificate of occupancy is issued,
= - and if no certificate of occupancy are to be issued by the 1st of Janu-
ary .7 Some discussion followed. NOTE: Correction was noted on the
'-minutes held by Mr. Milligan.
IV APPEARANCE REQUEST - None,
[
v
UNFINISHED BUSINESS - None
VI -PUBLIC HEARINGS
A. OTHER
1. Z-78-100. A petition for an amendment to the text of Section 17.57.010
(B) (1) of the KIB Code of Ordinances, which if approved would revise
the offstreet parking requirement provisions for hotel guest rooms; es-
tablishing a ratio of one space for each six (6) guest rooms as opposed
to the present provisions which require one (1) space for each three
(3) guest rooms. (Leroy Mayberry).
PLEASE NOTE: Mr. Ball requested that this item wait until Mr. Perez
arrived. Mr. Milligan requested also that the public hearing on this
item be carried over till tomorrow night due to Mr. Gerald Markham's
. inability to get back into town from Anchorage.
B. SUBDIVISIONS
1. S-78-088. The request for final subdivision approval of a plat re-
subdividing Lot 1, Block 4, Bells Flats Alaska Subdivision, into 2
lots, proposed Lots lA & 1B Block 4, Bells Flats Alaska Subdivision.
(Rittenhouse/Morris).
Vice-chairman Phil Anderson, closed the regular meeting and opened
the public hearing.
Mr. Milligan presented the staff report based on a memorandum from
the Planning Department. Plat is consistent with the requirements of
the subdivision regulations, as reviewed by the Borough Engineer.
Approval is recbmmended with the request that the easements be shown
on the final plat when it's presented for recording.
DAVID RITTENHOUSE: Speaks in favor of this subdivision.
Mr. Anderson closed the public hearing, after no other persons spoke
in favor of, or opposed to the above request, and opened the regular
meeting.
, - -
KODIAK ISLAND PLANNING & ZONING COMMISSION MEETING'
DECEMBER 20, 1978, Borough Assembly Cha7bers
PAGE 2
Mr. Ball moved that the request be approved for the resubdividing of
Lot 1, Block 4, Bells Flats Ak. Subdivision into two lots, (proposed
Lot 1A & 1B, Block 4, Bells Flats Ak. Subdivision) by Dave Rittenhouse
and Alton G. Morris, and this is to include recommendations of the
Planning staff, with easements on the lot lines. Seconded by Mr.
Erwin. Motion carried by unanimous roll call vote.
2. S-78-095. A request for final subdivision approval of a plat va-
cating Tract "A" USS 2537 B and USS 562, Lot 39, Block 2, Erskine
Subdivision, and a portion of Lot 30, Block 1,.Kodiak Townsite Sub-
division and replatting the property as Tract A-1, USS 253.7 B and
USS 562. (Sunset Development).
Hearing no discussion from the Commissioners, Mr. Anderson closed the
regular meeting and opened the public hearing.
Mr. Milligan presented the staff report based on a memorandum as Pre-
pared by the Planning .Department.
Hearing no one speaking for or against the above request, Mr. Ander-
son closed the public hearing and reopened the regular meeting.
Mr. Pugh moved that the P &,Z grant the request for a final subdi-
vision approval of the'plat vacating Tract "A" , U.S.S. 2537 B and
U.S.S. 562, Lot 39, Block 2, Erskine Subdivision, and a portion of
Lot 30, Block 1, Kodiak Townsite Subdivision and replat this pro-
perty into Tract A-1, U.S.S. 2537 B and M.S. 562 for Sunset De-
velopment. Seconded by Mr. Erwin. Motion passed by unanimous roll
call vote.
3. S-78-096. A request for final subdivision approval of a plat va-
cating Lots 14A, B, C, & D, Block 7, Bells Flats Alaska Subdivision,
and replatting the property as Lots 14A-1, C-1 &-D-1, Bells Flats
Alaska Subdivision, (Jeffrey R. Povelite/Chandler Fisheries, Inc.)
Hearing no discussion from the Commissioner's, Mr. Anderson closed
the regular meeting and opened the public hearing.
Mr. Milligan presented the staff report based on a memorandum pre-
pared by the Planning Department. Suggested appropriate action
would be to return this plat to the applicant and ask the applicant
and his surveyor to reevaluate that and see if there is not a better
lotting configuration that could be created than what has been pro-
posed this evening.
CYNTHIA CHANDLER: Speaks in favor of this subdivision. (She indi-
cated that Mr. Povelite is in California.)
Hearing no one else speakingeither for or-against this subdivision,
Mr. Anderson closed the public hearing and reopened.the regular
meeting.
Mr. Pugh moved that the P & Z return this request to Mr. Povelite
. and Chandler Fisheries for them to reevaluate Lot 14D-1, and ask
that they resubmit ths at a-later date. Seconded by Mr. Ball.
Motion passed by unanmous roll call vote.
A. OTHER (continued)
IN FAVOR OF:
1. Z-78-100. Mr. Andersen closed the regular meeting and opened the
public hearing.
Mr. Milligan presentea the staff report based on a memorandum pre
pared by the Plannine Department giving the history of what has
taken place so far or this matter.
PAUL CARR: Employed a consulting firm, Architecture and Urban
Planning, from Anchorage named Simpson, Usher, Jones. Here by re-
quest of Mr. Mayberry. Realistic'from a 1:8 ratio, and is appro-
priate for Kodiak. Juneau has a 1:4 ratio. Fairbanks hotel park-
ing requirement is a 1:6 ratio, and so is Anchorage.
(Th
KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MINUTES
.SPECIAL MEETING HELD February 7, 1979, at 7:30 P.M.
BOROUGH ASSEMBLY CHAMBERS
CALL TO ORDER
The Planning and Zoning meeting was called to order by Chairman Dan
Busch, at 7:30 P.M.
ROLL CALL
Present
Ron Ball
Virginia Crowe
Phil Anderson
Gene Erwin
Dan Busch, Chairman
Tony Perez
John Pugh
Also Present
Harry Milligan, Secretary
A. Afognak and Ouzinkie Native Corporation's request a waiver of
platting requirements set forth in Title 29, Section 29.33.170, Alaska
State Statutes, and Title 17, Section 16.04.130 of the Kodiak Island
Borough Code of Ordinance. (#S-79-004)
STAFF REPORT: Presented by Harry Milligan, as prepared by the plan-
. ning department staff. Stated that there was a minor error in the
description of the properties received by the commissioner's. Mr.
Frost and Mr, Anderson will address that during their presentation.
Staff has a revised copy, which was received just prior to this meeting.
--Chairman Busch closed the Special meeting and opened the public hearing.
WILLIAM ANDERSON: (From Ouzinkie Corporation) Clarified the change in the
application waiver, which was (T23S, R2OW, Section 36 all), on the
original was 26, which was a typing error, it should be Section 36.
Hearing no one else speaking either for or against the above request, ,
Chairman Busch closed the public hearing and reopened the Special meet-
ing
Mr. Pugh moved that the P & Z Commission grant the request for a waiver
of the platting requirements for the Afognak and Ouzinkie Native Cor-
porations as set forth in Title 29, Section 29.33.170 a of the Alaska
State Statutes, and Title 16, Section 16.04.130 D of the Kodiak Island
Borough Code of Ordinances, so that these two corporations as a part
of a previously approved agreement may exchange certain sections of
land without first having had to plat subject property. Seconded by
Mr. Perez. Motion passed by unanimous roll call vote.
B. Kodiak Island Borough Comprehensive Parks and Recreation Plan.
STAFF REPORT: Mr. Milliganpresented the staff report based on a memo-
randum from the planning department. The public 'hearing tonight em-
bodies an element that was added to the original scope of work of the .
Comprehensive Plan. It was found to be appropriate to add an addi-
tional element to the plan embodying the park and recreation needs of
the community.
Chairman Busch closed the Special Meeting and opened the public hearing.
PATRICK HOLMES: (Vice-chairman of the State Park and Recreation Council for
Kodiak Island) This group is the one who went to Mayor Wallin initially
and suggested the need for a Comprehensive Plan specifically relating to
Parks and Recreation. Gave history of this council in actively seeing
this project as far as it has gone thus far. The following are points
of disagreement by this council in regards to the draft as presented
this public hearing are:
1) Item #3, page 3, paragraph 1: The P & Z desire to delete this sec-
tion, and the P & RC wish to see it remain.
This Council strongly endorses the methods of funding, p. 26, Section
2.4.
KIB PLANNING & ZONINC MISSION SPECIAL MEETING
MINUTES of meeting held February 7, 1979
Page 2
2) One item for consideration, as a result of Community attitude survey,
in descending order priority: Hotel tax
Temporary entries
Sales tax
Surcharge
New construction
Real Estate property tax
Personal property tax
Temporary increase in sales tax has been quite a viable technique that
has been used in other communities and has worked quite well. ,
3) P, 32, paragraph #2, dealing with multiple use application of facilities.
Council i5 strongly in favor of this type of utilization, and feels it
would be very cost effective to- utilize facilities not only for recreation
but for school purposes, to go for the large spectrum utilization rather
than for specialization on any type of useage.
4) P. 33, on the Action Plan, as far as immediate goals we have the walking
trail/bicycle trail designation, which Cdnshp done with very little or
no expense. Has question on addendum for corrections on p. 33, item
,#4f, the statement saying that the Pierson or Gibson Cove site might not
be appropriate. T think that this is something that could be discussed
in greater depth before being deleting.
5) Figure #5, which shows, existing facilities as well as proposed facilities
which we're quite strongly ,in favor of establishing a trails program,
'which will give the basis for our group & other groups to go for funding
to expand the bicycle program or other needs. In the area immediate ad-
jacent to Near Island that would run behind Whitney Columbia Ward, cut
'across Pierson Cove as defined as an alternate route, which pertains to
the bicycle program.. The high need projects in Kodiak, on P. 34, defines'
that Pierson Cove walking trail and waterfront park-are #2 on the list.
This topic needs more exploration. Rezanof route more feasible at this
time.
MARIAN JOHNSON (Member of Kodiak Historical Society, and Director of Baranof
Museum) Has concern in the adjacent land from the Baranof Museum, which
they are very interested in having relating it a historical part. She is
supportive of the plan and how it will be affecting the Museum.
DONALD BRENTESON: (Kodiak Little League, president of the Board of Directors)
Apprehensive of the original plan because it deleted the Little League
program which involves about 175 youth of Kodiak with the addendum that
the Parks and Recreation Department has asked that it be incorporated
into this document for your approval, and at that point it could be
acceptable, from his point of view. Prime reason for hiS being here to-
night is in the field of soft ball area between the slow-pitch soft ball
and the women's soft ball also. It is now utilizing approximately 5
nites of the week on the Baranof Park field, which was designated in the
original plan, for the Baranof Park as 8,ba5ebd]l.field, and was laid
,out with those specifications in mind. It has been changed nightly in
Order to accomodate whether it be a slow-pitch softball game or an
American Legion game or a Senior League game. There is land available
On Simeonof Ave. that is designated as a park area that could be util-
ized very well as a softball field and would take the pressure off of
some of the kids at the Baranof Park.
P. 25, 2.2, in the order of priorities you have teenagers #T, residents/
adults #3, If this program of slow-pitch softball (including the wo-
men's slow-pitch softball), is accepted, you are then putting the em-
phasis back on the Baranof Park of #1 the teenagers, which is what the
park was originally designed for. There are grants available somewhere
in the area of $180,000 which can be obtained to do this type of work,
which would take participation from the City of Kodiak in amounts vary-
ing from $36,000 & 50,000, He also feels it's strange that there. is
not a member of the board of directors from the Little League on the
State and City Park and Recreation Department committee. (Block 53,
which is city owned, in East Addition which is designated for the Bara-
nof Park.)
KIB PLANNING & ZONING COMMISSION SPECIAL MEETING Page 3
MINUTES of meeting held February 7, 1979
JUDY BRIGHTON: (worked with the recreation Council)
She's concerned about #3, P. 3, part P a Z is considering to delete.
Feel's we're lacking sadly in residential sections for children to have
a place to go close to home, where mothers can allow them to go and
play. Desires to see this part left in.
ROGER BRIGHAM:
P. 4, what's listed as already existing in the way of facilities,
under the Kodiak High School, &weight room listed there. It would be
more accurate that we have a fair size closet, which has one weight.ma-
chine in it which is breaking down at this point and can only be used
• when it doesn't conflict with other programs, or there's no other equip-
ment being stored in there. He'd like to see incorporated into state-
ment on P 36, regarding long term projects, that "we're not wilting on
-.0ese two(Dfojects, whin are ne'biggest needs that we have here, but
•th_t were moving forward on trying to decioe on a site". It ought to
be made plain in this whole plan that while we're putting this on long
•term that that doesn't •rean that we're putting it on a back burner, that
we are starting on it now, and anticipating the need for the funds.
Feels strongly that the indoor recreational center and a cultural center
are the most important items in this plan. Didn't see plan including
expansion of library facilities for the villages, or if it's even possi-
ble, places for day care centers. Wants to know if consideration has
been given to football or soccer fields?
GREG FURIN: P. 25, Section 6. Referred to survey taken in Feb.,'78 to determine
priorities as far as recreational needs in Kodiak.
MIKE RASSMUSSEN: Feels priority should be placed on facilities that can be used
during the winter months.
RANDY THWING: Concern lays with the incompleteness of the plan in regards to
the shooting sports on the island. Firearms ownership, by his estimate,
is 90%. By his estimate, participation in shooting sports approaches
70%., possibly more. The plan doesn't mention recreational shooting of
any type. (Feels the rock pit would make a good location for a shoot-
ing range that could be developed to be safe).
IAN FULP: P. 17, paragraph 9/P. 15, has question about these. Feels paragraph
9 should remain and not be deleted, and say "voluntarily organized pro-
grams under the auspices of city parks and recreation, and includes
wrestling and swimming as they are listed, & then do the independently
organized, voluntarily run programs and begin with Kodiak Little League,"
in place, of a.u. programs.
ROBERT BRODY: Is totally opposed to this program based upon what he has heard
from other people, and their views on development in this town. It seems
like there's been alot of crying about the congestion involved with like
programs such as .this. Feels that road system is totally inadequate for
people to get around, at present.
PAT HOLMES: Gave added remarks in reference to questions that have been raised
on priorities vs. development time frame.
Chairman Busch elosed the public hearing and reopened the Special meeting.
MR. PUGH: Re: p. 3, item 1/3, paragraph 1, he was under the impression
that the commission was only going to delete the second sentence rather
than the whole paragraph. Would like to add an addendum somewhere in the
plan that thought be taken for a location for a rifle range.
MRS. CROWE: Takes exception to having only 100 people surveyed, and the
time of the year that it was taken.
MR. ERWIN: Feels the financing is the borough assemblies responsibility,
and out of the jurisdiction of the P & Z Commission.
MR. ANDERSON: Concurred with Mr. Erwin.
r
KIB PLANNING .& ZONING COMMISSION SPECIAL MEETING Page 4
MINUTES of meeting held February 7, 1970
TONY PEREZ: In favor of a community civic center. If see half of these
programs instated we'll be very fortunate.
MR. BALL: Had question concerning the remarks made at this public hear-
ing regarding their being included in the draft sent to the borough ass-
sembly along with the P & Z proposed changes, which directed to Mr.
Milligan. /TheP & Z commission, by motion, directs which changes in the
plan that they wish to see made be referred to the B.A., along with a
copy of the minutes of this meeting containing the comments of the people
who have testified at this public hearing.)
DAN BUSCH: Agrees with Mr. Pugh in that the Park & Recreation should
give some consideration for the pistol and rifle range facility and a
possible softball site on Simeonof should be mentioned.
P.3, item #3, delete the second sentence rather than the entire paragraph.
P. 17 to add the wOrding.thJt Ian Fulp suggested: after item #8,
New Heading: -"voluntarily organized programs under the auspices of city recreation
(underlined) department." Number 1 : would be wrestling (as described with new #
Number 2 : would be swimming (
Leave the description the same, but delete the reference to A.A.U.
New Heading: under the heading of the independently organized voluntarily run
/underlined) groups, #1, would be Kodiak Little League
#2, would be Kodiak Little League Senior Division
#3, American Legion, and etc.,(just change the numbering
there.)
Add this: #8 Kodiak Boxing Club: Training for youth from nine on up.
`x
` F�gUr2
6: Remove the beach trail.
P.33, Change to remain as is made in written changes on draft, take out *
Addendum somewhere in the appendix stating that an area for a rifle or
target pistol shooting range should be located as a possible future site
,for development. Under immediate on P. 33, making G. rifle/pistol range,
indoor/outdoor location to be determined, then we wouldn't need it in the
appendix.
RON BALL: Feels that it should be included in the Comprehensive Plan that
any of the recreational facilities that can be promoted by private enter-
prise should be encouraged to do so. Mr. Milligan felt that it should be
incorporated in the form of a resolution, but needs some time to think of
the proper way that it should be stated. Also feels that winter sports
should have some priority in the plan.
MS. CROWE: Re: Independently organized involuntarily run groups, #8,
on P. 2, would be Kodiak Boxing Club, which is an independently organized
which meets three times a week, Tues., Thurs., from 5-8 P.M., and Satur-
day, from 1-5 P.M.. It utilizes volunteer trainers preparing boys from
ages 9 years old and up, giving them insight into a sport that has alot
of interest. Currently this group mz2tS East Elementary Gym.
Mr. PUgh,moVed that the P & Z Commission recommends to the Borough Assembly
that it adopt the Kodiak Island Borough Comprehensive Parks and Recreation
Plan, as prepared by Kramer, Chin and Mayo, with the following three page
revision that has been rerevised by the Commission at this particular meet-
ing, be an addendum and incorporated into the plan and at the time that
this plan goes to the Borough Assembly_, either in the form of a resolution --
Or an addendum or a preamble to this plan, there be an approved motion by
this Commission requesting that a private enterprise be encouraged in the
implementation of this plan. Seconded by Mr. Anderson. Motion passed by
unanimous roll call vote.
IV COMMISSIONER'S COMMENTS
. c�
-���= �~-°� ~..�.�����'�.���u�����
� -�' • • '
SUMMARY OF ACTION & 4TUES
K.I.B. Planning & Zu.,Ing Commission : leeting
February 21, 1979
B. Zoning
Page 2
1. Z-79-005. A request to rezone Lots E-1A, E-1B1, E-132 and E-2;
USS 3218 from unclassified to business. (Randy & Charlene Chase,
Jim & Marie Pearson and Gary Gilbert).
Staff report was presented by Nr. Milligan based on a memorandum
prepared by the planning staff. Staff cannot recommend the rezon-
ing at this time.
Chairman closed the regular meeting and opened the public hearing.
RANDY CHASE: One of the property owners petitioning this request. Is currently
operating a business on his property which he feels is a benefit
to the community.
• GARY GILBERT: Owner of Lot E-1A. He has an accessory building on his property:
but is not presently operating any commercial business on his pro-
perty. His accessory building is used for storage at this time
and he doesn't have plans to do any differently in the future.
Hearing no one else speaking either for or against this request
the chairman closed the public hearing and reopened the regular
meeting.
JOHN BLACK:
Mr. Ball moved to postpone the decision on the request to rezone
Lots E-1A, E-1B1, E-1B2 and E-2, USS 3218 from Unclassified to
business, until the March 19, 1979 regular meeting. Seconded by
Tony Perez. Motion passed by unanimous roll call vote.
Z-78-078. A request for a zoning special exception to permit
the construction of a dormitory under the provisions of Section
17.30.060 "S" of the K.I.B. Code of Ordinances on a portion of
USS 1673, Alaska Tidelands Subdivision #853. (Rolland A. Jones,
P.E. for New England Fish Company).
Staff report Was presented by Mr. Milligan,based on a memorandum
prepared by the planning staff.
The chairman closed the regular meeting and opened the public hear-
ing.
Manager of New England Fish Co. facility in Kodiak. At this time
they have no housing quarters which is a disadvantage competively
with the labor force. They do have enough parking spaces even if
the requirement were one room per person. No other exceptions are
expected to be requested.
Hearing no one else speaking either for or against this request,
the chairman closed the public hearing and reopened the regular
meeting.
Mr. Anderson moved that the.commission approve the dormitory for
New England, Fish Co. with the three to one ratio on parking and
the sewage system be approved by the state sanitarian before
they are issued a certificate of occupancy. Seconded by Mr. Ball.
Mr. Anderson amended his motion to read: that the commission
approve the dormitory for New England Fish Co. with-the parking
being in accordance with the K.I.B. Code of Ordinances, once it
is approved, and tie sewage system be approved by the state
sanitarian before they are issed a certificate of occupancy, with
approval of the second made by Mr. Ball. Motion passed by unani-
mous roll call vote.
C. Other
1. BL-78-091.- A request for annual renewal of a Borrow Site Lease
on Tract B-2, Bells Flats Alaska Subdivision. (Russell Welborn)
Staff report was presented by Mr. Milligan based on a-memorandum
SUMMARY OF ACTION & MINUTES
K.I.B. Planning & Zoning Commission .Meeting
February 21, 1979
prepared by planning staff.
Page 3
Chairman closed the regular meeting and opened the public hearing
RUSSELL WELBORN: Speaks in favor of this request although he didn't know that he
had to appear before this commission in order to have the renewal
processed.
Hearing no one else speaking either for or against this request
the chairman ,closed the public hearing and reopened the regilar
meeting.
Mr. Ball moved that the commission recommend the annual renewal
of the borough site lease on Tract B-2, Bells Flats Alaska Sub-
division by Russ Welborn, and leave it up .to the borough assembly
to determine the price of the material. Seconded by Mr. Pugh.
Motion passed by unanimous roll Call vote.
2' LL-79-002. A request for approval of sale or lease of K.I.B. .
owned land in USS 2382 on Raspberry Island. (James & Karen 3chdUff\
Chairman Busch stated that this item has been requested to be post-
poned until the March 19th meeting.
Mr. Perez moved that the request for approval of 'sale or lease of
K.I.B. owned land on USS 2382 on Raspberry Island be postponed
until the 19th of March 1979' Seconded by Mr. Pugh. Motion pass-
ed by unanimous roll call vote.
` .
3. U-79-003. ik request for P & Z approval and recommendation on a
long term lease application of Borough owned land, Tract B-5,
Bells Flats Alaska Subdivision, for the manufacture and storage
of crab pots. (Glen Dick)
Staff report was presented by Mr. Milligan based on a memorandum
prepared by the planning staff. In his application he was-talking
about a 25 year lease' A five year lease is generally considered
to be a short-term lease. Staff does not recOmMeDd giYiOg the
long-term lease.
Chairman closed the regular meeting and opened the pUblic_h8aring
Hearing no one speaking either for or against this request the
chairman closed the public hearing and reopened the regular meeting.
Mr. Pugh moved that the application for a request for approval and
recommendation on a long-term lease application of borough owned
land, on Tract B-5, Bells Flats Alaska Subdivision be tabled'
Seconded by Mr. Anderson. Motion passed 4-1 with Mr. Erwin casting
a NO vote.
* * * * * * * * Chairman called for e recess * *
VII OLD BUSINESS
A. Resolution #79-1-R~ Park Plan.
Mrs. Crowe read the above resolution into the record.
Mr. Anderson moved that the commission adopt K.I.B. planning and zon-
ing commission resolution #79-1-R. Seconded by Mr. Ball. Motion
passed by unanimous roll call vote.
R. K.I.B. P & Z Resolution 79-2-R, Adopting the Draft Land Subdivision
Regulations.
Staff report was presen ted by hr' Milligan.
�
*
SUMMARY OF ACTION & MINUTES
K.I.B. Planning & Zoning Commission Meeting
February 21, 1979
".7.7.1" _
Page 4
Mr. Pugh read into the record K.I.B. Planning & Zoning Commission
Resolution #79-2-R.
Mrs. Crowe moved that the commission pass Resolution #79-2-R.
Seconded by Mr. Pugh. Motion passed by unanimous roll Call vote.
. K.I.B. Planning & Zoning Resolution #79-3-R Adopting Capital Improve-
ment Program ManVal,
Mrs. Crowe read into the record P & Z Resolution #79-3-R.
Mr. Milligan presented the staff report.
Mr. Pugh moved that K.I.B. Planning & Zoning Resolution #79-3-R be
approved. Seconded by Nr, Erwin. Motion passed by unanimous roll
call vote.
4. K.I.B. Ordinance #79-1-0, which refers to the rezoning of Blocks
12-19, Block 2, and Lots 9-T6, Block 3, Allman Subdivision from R-1
to Business with special limitatiOns.
Some discussion between the commissioner's and Art Bors took place.
Mr, Pugh moved that the commission adopt and recommend to the borough
assembly that they adopt K.I.B. Ordinance #79-1-0-d, Seconded by
Mr. Anderson. Motion passed by unanimous roll call vote.
. .INFORMATION AND REPORTS-.
A. Communication - a couple Of items in packet
B. Reports
1. Chairman's RepOrt - None
2, COmmitte Report - None
3. Staff Report
a. Borough Manager - None
b. City Manager - None
C. Planning Director
Commission has before them a plan from the State Division of
Parks, which is their proposal for Fort Abercrombie.. A public
meeting has been scheduled in the borough assembly chambers on
the evening of February 28th, the purpose' being to .give the
cUmmiSSioD, the City of Kodiak, & K.F.B. an opportunity to
comment on their proposed plans.
Mr. Milligan also informed the commission of the upcoming
month's, schedule for this commission.
XI COMMISSIONER'S COMMENTS
Mr. Ball moved to remove from the table Case #I-78-017 whjch is a request
to rezone Lots 3 & 4, Block 3, Miller Point Alaska Subdivision, 1st Addi-
tion; and Case #Z-78-097, a request to rezone Lots 1 & 2, Block 1, USG
1682, Woodland Acres Subdivision; Lots 1 & 2, Block 3, Miller Point Alaska
Subdivision, 1st. Addition from Unclassified to Business. Petitioners being
R.S. Leggat for 8regOry,Furin and 82OtUn/Ra6muSs8n/EggemeYerfJaCObs0n.,
respectively, to set t0 public hearing at the next regular meeting. Second-
ed by Mr, Anderson. Motion passed by unanimous roll call vote.
Mr. Ball moved to initiate an amendment to the Comprehensive Land Use Plan
and set to public hearing those properties identified in Case #/s Z-73-017
7-78-097 which are Lots 3 & 4, Block 3, Miller Point Alaska Subdivision,
1st Addition; and Lots 1 & 2, Block l, US$ 1682, Woodland Acres Subdivision;
Lots 1 & 2, Block 3, Miller Point Alaska Subdivision, TSt Addition, from
unclassified to business. Seconded by Mr. Perez-. Motion passed by unanimous
roil call vote.
K.I.S. PLANNING & ZONILd dOMMISSION MEETING :IINUTES
March 19, 1979
Page 4
3. Z-78-005. A request to rezone Lots E-1B1, E-182, E-1A, E-2, USS 3218 .
from Unclassifed to Business. (Chase/Gilbert/Pearson).
1r. Pugh moved that the commission *rove tie request to rezone Lots
E-131, E-182, E-1A, & E-2, USS 3213 from Unclassified to Business. Se-
conded by Mr. Erwin. Motion passed 4-2 with Mr: Anderson and Mrs. .Crowe
casting .NO votes.
* * * 3/20/79 PLEASE NOTE* * * : Attached to these minutes is a copy of the proper legal
description for items #2c on page 2 under Old Business.
* * * * * Chariman called for a 5 minute recess * * * * *
IX NEW BUSINESS
1. Z-79-011. A request to amend the Comprehensive Land Use.Plan classifica-
tion affecting Lots 1-4, Block 3, Miller Point Alaska Subdivision, First
Addition; Tracts B-2, D-1 & 2, C, E-1A, E-1B1, E-1B2, E-2, G-1 & 2, H-1,
H-2, I, J, K, USS 3218, and the unsubdivided portion of USS 3218; Lots
1 &-2, Block 1, Woodland Acres Subdivision, Second Addition; Lot 1, '
Block 1, Holland Acres Subdivision, First Addition from Residential-Clas-
sified to Business. (Kodiak Island Borough Planning and Zoning, initiat-
ed February 21, 1979)
Staff report was given by Mr. Milligan based on a memorandum prepared by
the planning department, and Mr. Gordon showed, on the plat, what pieces
of property are actually under consideration, and where the different
businesses are located that are presently operating in this area.
wiairman closed the regular meeting and opened the public hearing.
Chairman read into the record two letters:
B.E. NACHWEIGH: Tract B, Woodland Acres Subdivision, owner of. objects
to this rezoning.
DAN BUSCH.: Tract H-1, USS 3218, property owner, objects to this rezoning.
Hearing no one else speaking either for or against this request the
chairman closed the public hearing and reopened the regular meeting.
Mr. Ball moved to approve the request to amend the Comprehensive Land
Use Plan classification affecting Lots 1-4, Block 3, Miller Point Alaska
Subdivision, First Addition; Unclassified portions of USS 3218, from the
west corner of Mr Malutin's lot to the east corner of Melnitsa Lane to
Rezanof Drive to Mill Bay; and Lots E-1B1 & 2, E-1A, E-2 of USS 3218
from Residential Classification to Business. Seconded by Mrs. Crowe.
Motion passed by unanimous roll call vote.
VIII OLD BUSINESS (continued)
4. 372-A. A request for an amendment to an existing zoning exception provid-
ing an extension of time on Lot 11A, Block 7, Bells Flats Alaska Subdivi-
sion. (William Fearn).
Chairman closed the regular mee ting and opened the public hearing.
Hearing no one speaking either for or against this request the chairman
closed the public hearing and reopened the regular meeting.
Mr. Perez moved that the request for the amendment to the existing zon-
ing exception providing the extension of time on Lot 11A, Block 7, Bells
Flats Alaska Subdivision, for a period of two years, be granted. Second-
ed by Mr.Pugh. Notion passed by unanimous roll call vote.
5. Request to renew Borrow Site Lease for Parcel 3-3, K-613 & B-4, K-632,
Bells Flats Alaska Subdivision. (Brechan Enterprises, Inc.)
Staff report was presented by Mr. Milligan based on a memorandum prepared
by the planning department.
Mrs. Crowe moved that the request to renew Borrow Site Leases for Parcel
".• ... 4 ,
KIS P & Z MEETING 4-4-79, Pc-r, ELEMENTARY
PAGE 3
Following the discussion Mr. Ball moved that the P & Z Commission make a recom-
mendation that Mr. Haromony get together with Mr. Denslow to contact the
Borough Assembly tomorrow night in regard to who will regulate the fulfillment
of the agreement between the City of Kodiak, the Kodiak Island Borough and National
Bank of Alaska regarding the Alderwood situation. Mr. Perez seconded the motion.
Motion,passed with.unanimous roll call vote.
IV B. Exemption from the requirements of Section 17.21.020 (A) as it applies to the
outside storage of lumber and building materials for lumber yards in a business
zoning district. (Mr. Lloyd Benton)
Mr. Milligan explained that within the business district Section 17.21.020 (A)
requires materials and goods, equipment be stored within a fully enclosed building
unless specifically exempted and that Mr. Benton was appearing before the Commission
requesting that the Commission exempt lumber yards from the provisions of this
section.
Following a discussion between the Commission and Mr. Benton, it was moved by Mr.
Anderson and seconded by Mr. Ball, that lumber yards within the business zoning
district be-exemptedfrom the provisions of Section 17.21.020 (A) of the Kodiak
Island Borough Code of Ordinances.
C. Resolution of the 13 & 7 Cnmmission adopting the 1980 Fiscal Year.Planning
Program. Mr. Milligan stated that-the Resolution would bear Number 79-4-R.
An outline of the Planning Program, previously agreed upon by the P& Z Commission •
and the Borough Assembly in a joint worksession. Following discussion of the
program priorities, it was moved by Mrs. Crowe and seconded by Mr. Ball that the
Commission adopt P & Z Commission Resolution No. 79-4-R containing a planning
program for fiscal year 1980 consisting of the following items: 1) Street Name
and House Numbering Program, 2) Traffic Circulation Study, 3) Coastal Zone
Management Plan which has a statutory completion date of April, 1980, 4) Long
Range Sensing Demonstration Program, 5) an update of the 0.C.S. Impact Study,
6) an update of the Marine Facilities Study, 7) a Bottom Fish Industry Study,
8) a Management Plan involving the City of Kodiak, Kodiak Island Borough, State
of Alaska and Koniag Regional Native Corporation, 9) the Bells Flats Land Use
Development Plan, 10) the Annual 0.E.D.P. Plan, 11) the Annual Capital Improve-
ment Plan, and 12) the Pillar Mountain Geotechnical Study. Motion passed with
unanimous roll call vote.
V. COMMISSIONER'S COMMENTS
It was moved by Mrs. Crowe and seconded by Mr. Anderson that the Commission
reconsider its recommendation to the Borough Assembly of approval of the borrow
site lease requested by Mr. Russell Welborn. Mrs. Crowe indicated that the
reason for her motion was based upon a meeting with Mr. Tubbs, the Borough Land
Management Consultant and the Commission which indicated that Mr. Welborns lease
may not be valid and that before making such a recommendation to the Assembly the
Commission wished a legal opinion from counsel. Motion passed 4-1 with Mr Busch
Mrs, Crowe, Mr. Ball and Mr. Anderson voting yea and Mr. Perez casting the nay
vote.
Following further discussion, it was moved by Mr. Ball and seconded by Mr. Perez
to table action on the Welborn borrow site lease recommendation. Motion passed
unanimous roll call vote.•
VI. ADJOURNMENT
Chairman Busch announced there being no further business to come before the
Commission, the meeting was adjourned at 10:30 P.M.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
ATTEST:
KODIAK ISLAND Di, LJGFI PLANNING AND ZONING COMMIS 1 MINUTES
Regular Meeting,-Pay 22, 1979, 7:30 P.M.
'Borough Assembly Chambers
I. . CALL TO ORDER
The meeting was called to order at 7:30 p.m. in the
Borough Assembly Chambeiss by Chairman Busch.
1.1.
ROLL CALL
Commission members present:
Chairman Mr. Daniel Busch
Vice Chairman Mr. Phil Anderson
Mr. Ron: Ball
Mrs. Virginia Crowe
Mr. Eugene Erwin (arriving at- :30 p
Mr. John Pugh
Also-Present:
Mr. Harry Milligan, Planning.Director
Mrs. Linda Puliz, Secretary .
APPROVAL OF MINUTES
Absent
-Mr. Anthony Perez
It was moved by Mr: Pugh and seconded by Mr. Ball that the
minutes of the April 18 and April 24, 1979 meetings be .
approved. Motion carried by unanimous roll call vote.
IV. APPEARANCE REQUEST - None
V. UNFINISHED BUSINESS.-
1. Wellborn, Russell; Borrow Site.Lease; Bells Flats Alaska .
- Subdivision, Tract B-2.
Mr. Ball had asked if Mr. Tubbs had contacted-Mr. Wellborn,
Mr. Milligan replied that he knew Mr. Tubbs had been directed
to talk with Mr. Wellborn, but at this time Mr. Milligan did
not have'that.information. Mr. Busch questiOned asto how
much money was received just this last year-, 78. Mr.- Milligan
stated that we have no.records of funds being received in 78.
Funds were submitted this spring in 79 and funds were submitted
in 77. Mr. Ball moved to retable this until that information
is obtained. Mr. Anderson seconded. Motion carried by:unanimous
roll call vote.
2. . Brechan Enterprises Inc.; Borrow Site Lease on Tract B, Bells
Flats Alaska Subdivision (B3 and B4). .
Mr. Ball moved to have this item removed from the table. Mr.
Anderson seconded. Motion passed by unanimous roll call vote.
STAFF UPDATE: Mr. Milligan presented.the staff report based on a
memorandum from Mr. Tubbs. The Borough Assembly was also interested
in the same proposal that had gone from this table that that land
be draglined or dredged in some way and that useable peripheral lots
be maintained around the edge. Mr. Hovanec will be working in con- .
junction with Mr. Tubbs in the next few weeks in developing a recom-
mendation for you on a grading program for future subdivision layout.
Mr. Tubbs had also recommended that you only renew the lease on one
. of Mr. Brechen's tracts and not on both.
Mr. Ball moved to refer this to our work sessions between now and
our next regular meeting, and have it back with some decisions on
the plan. Mr. Anderson seconded. Motion carried by unanimous roll
call vote.
KODIAK ISLAND BOR( A PLANNING AND ZONING COMMIS3T( ITNUTE5
-~' �
Regular Meeting, JVne 20, 1979, 7/30 P.M.
Borough Assembly Chambers'
I. CALL TO ORDER
lI.
The meeting was called to order at 7:30 p.0, in the
Borough Assembly Chambers by Vice Chairman Phil Anderson.
ROLL CALL
Commission 0etber3 present:
Vice Chairman Mr. Phil Anderson
Mrs. Virginia Crowe
Mr, Eugene Erwin
Mr. John Pugh
Mr . Tony Perez
A/�O vresent:
Mr. Harry Milligan, Planning Director
Mrs. Linda Puliz, Secretary
Mr. Bryce Gordon, Building Official
Mr. Gary Hovanec, Borough Engineer
APPROVAL OF MINUTES
Members Excused
Dan Busch
Ron Ball
It was moVed y Mr. Pugh and seconded by Mrs. Crowe that the
minutes of the May 22, 1979 P&Z Regular Meeting be approved
in addition to the correction under Old Business regarding
Port Lions. Motion carried by unanimous roll call vote.
IV. APPEARANCE REQUEST - None
V. UNFINISHED BUSINESS
1. Wellborn, Russell': Borrow Site Lease; Bells Flats Alaska
Subdivision, Tract B-2.
STAFF REPORT: Mr. Milligan reported that Mr. Wellborn did deposit
a check with the clerk and it was placed in the safe and a record
was not made of the entry of the check until after disposition of
Borough action, and it was an oversight on our part. The check
was dated 10/30/78, The original lease was approved on 6/22/76,
so the renewal date would be the 22nd of June each successive year.
It was renewed in 1977, (payment was received 6/77\. The next
payment was received in October 1978' The lease expired 6/22/78.
Mr. Erwin asked if the Borough was to notify Mr. Wellborn of renew-
ing his lease. Mr. Milligan quoted based on the Municipal Code
18,84'060 " a lease holder has to make application no sooner than
60 calendar days and no later than 30 calendar days prior to the
expiration".
It was moved by Mr. Pugh and seconded by Mr: Perez to approve the
Borrow Site Lease for Russell Wellborn for Bells Fiat Alaska Sub-
division Tract B-2, Mr. Pugh d00eOded his motion for the year 1978.
Mrs. Crowe asked the P&Z Commissioners if she should withdraw from
voting due to her husband being a majority stockholder in Cessna
Bros. The committee agreed to this. Motion failed bv unanimous
r0ll call vote.
2. Brechen Enterprises Inc.; Borrow Site Lease on Tract B, Bells
Flats Alaska Subdivision (B3 & B4).
STAFF REPORT! Mr. Milligan reported it would be our recommendation
that this matter remain with no action tonight. Mr. Hovanec has
met once with Mr. Brechen, he has not had an opportunity to meet
with the subcommittee of the commission and Mr. Brechen to discuss
Mr. Brechen's lease and the reused development plan and that this
matter be held over until your next regular meeting.
It was moved by Mr. Perez and seconded by Mr. Erwin to have this tabled
until the next meeting. Motion passed by unanimous roll call vote.
Minutes, August 16, 1979
Page 2
3. Z -79 -031. A request for . a variance from the minimum lot requirements on
lot 19, block 2, USS 1681. (William Hogan)
Mr. Pugh moved that we grant a variance from the minimum lot requirements on
lot 19, block 2, USS 1681, for the same reasons he gave on the above request
Seconded by Mrs. Crowe. Motion PASSED by unanimous_ roll call vote.
IV. PUBLIC HEARINGS
A. SUBDIVISIONS
J. S -79 -033. A request for a subdivision on lot 1, block 4, Killarney Hills
Subdivision. (Alan'Beardsley)
STAFF REPORT: Mr. Milligan gave a staff report based on a memorandum prepare
by the planning department. Mr. Hovanec has some questions so you may wish
to wait on this case until he gets here.
Mr. Busch stated that the Commission would wait on this item until M
Hovanec showed up.
2. S -79 -035. Vacation of School Reserve of Port Lions Alaska Subdivision,
Serial #65 -1733. (State of Alaska)
STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum
prepared by the planning department.
Mr. Busch closed the regular meeting and opened the public hearing.
Hearing no comments Mr. Busch closde the public hearing and reopened the
regular meeting.
Mr. Pugh moved that we approve the vacation replat of the School Reserve in
Port Lions Alaska Subdivision, Serial #65 -1733 the land area as described
in the June 6, 1979, letter from the State of Alaska department of Natural
Resourses to Mayor Betty Wallin from G.S. Best. Seconded by Mr. Ball.
Motion PASSED by unanimous roll call vote.
B. OTHER
1. 0 -79 -036. Purchase of Borough Land regarding Parcel P -1, Tract A, Bells
Flats Alaska Subdivision. (Brechan Enterprises)
STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum
prepared by the planning department. Mr. Milligan suggested that the land
be leased instead of being sold. He suggests a 10 to 20 year lease.
Mr. Brechan spoke on his lease. He would like to lease again, but he would
rather buy the land. The decision to sell is up to the Borough. He also
discussed his redevelopment plan for the property.
Discussion between Mr. Brechan and the Commission.
Mr. Milligan commenting on the redevelopment plants, stated the site has
been used for a batch plant more. than a borrow site gravel pit.
Mr. Pugh moved to recommend to the Borough Assembly that Parcel P -1, Tract A
Bells Flats Alaska Subdivision be put up for sale at a public auction.
Seconded by Mr. Ball. Motion FAILED with a 3 -2 vote, Mr. Ball, Mr. Busch,
and Mr. Pugh voted YES and Mr. Erwin and Mrs. Crowe voted NO.
Mrs. Crowe moved to recommend to the Borough Assembly the lease of the
proposed property for 10 years with the stipulation the following the ex-
piration of the lease that Brechan follow his proposed development plan with
current gravel prices included. Mr. Busch asked Mrs. Crowe to restate her
motion. I move we lease to Brechan for a period of 10 years the property
parcel P -1, Tract A, Bells Flats Alaska Subdivision. Seconded by Mr. Erwin.
Mr. Ball would like a stipulation added to the motion, he would like Brechan
to get first option to buy the land after the lease expires or to release
the land again. Agreed. Mr. Pugh seconded the amendment to the original
motion made by Mrs. Crowe.
Minutes, August 16, 1979
Page 3
Mrs. Crowe moved to recommend to the Borough Assembly that we lease to Brech-
an for a period of 10 years, Parcel P-1, Tract A, Bells ,Flats Alaska Subd-
ivision. Seconded by Mr. Erwin. Motion PASSED by unanimous roll call vote.
2. 0-79-037. Purchase of Tracts B and E, Kadiak Subdivision. (KANA Housing
Authority)
STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum
prepared by the planning department.
• Mrs. Crowe questioned the vacation of Woody Circle. Would some of the
adjoining land be left without an access?
Mr. Milligan answered, yes there would be one piece of land without access.
•
. . ' Mr. Simmons stated we are not going to vacate Woody Circle. We are going to
build approximately 60 units which would require rezoning to R-3.
Mr. Pugh moved to recommend to sell these lots at a public auction as is,
Tracts B and E, Kadiak Subdivision. Seconded by Mr. Ball. Motion FAILED,
with a 3-2 vote, Mr. Busch and Mr. Erwin voted NO, and Mr. Ball, Mrs. Crowe
and Mr. Pugh voted YES.
Mrs. Crowe moved to reaffirm to the Borough Assembly that the land be re-
'subdivided and sold at a public auction. Seconded by Mr. Erwin. -,Mr.-Pugh -
would like to propose an amendment that states that if the Borough Assembly
finds that it is financially impossible and/or the vacant lot subdivded and
provide the proper facilities to these tracts within a two month period then
Tracts B and E of Kadiak Subdivision be sold immediately at a public auction.
•
L , Seconded by Mr. Ball. Motion PASSED with a 4-1 vote Mr. Erwin voted NO,
and all other commissioner's voted YES.
• • • , .
..:._...,
■ •
Mrs. Crowe moved to reaffirm to the Borough Assembly that the land be re-
subdivided and sold at a public auction. Seconded by Mr. Erwin. Motion
PASSED with a 4-1 vote. Mr. Erwin voted NO and all other Commissioner's
voted YES.
.OLD BUSINESS
1. BL-78-091. Gravel Borrow Site Lease on Bells Flats Alaska Subdivision, Tract
B-2. (Russell Welborn)
STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum
prepared by the planning department.
Mr. Busch closed the regular meeting and opened the public hearing.
Mr. Welborn discussed the reasons why he was late in submitting the lease
renewal. He is willing to resubmit an application for a new lease.
Mr. Brechan asked what Ordinance the original lease was issued under? Was
it issued under the 1969 Ordinance?
Minutes, August 16, 1979
Page 4
Mr. Erwin moved to recommend to the Borough Assembly the Mr. Welborn's lease
be renewed for a period of one year as of June 22, 1979 to June 22, 1980.
Seconded by Mr. Pugh. Motion FAILED with a 2 -3 vote, Mrs. Crowe obstained,
Mr. Busch voted NO and Mr. Ball, Mr. Erwin and Mr. Pugh voted YES.
VI. PUBLIC HEARINGS
A. SUBDIVISIONS
1. $ -79 -033. Resubdivision of lot 1, block 4, Killarney Hills Subdivision.
(Alan Beardsley)
STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum
prepared by the planning staff. Mr. Hovanec would like the plat returned to
Mr. Beardsley as it does not show where all of the porches are to be located
in relation to the proposed new lot line.
Mr. Busch closed the regular meeting and opened the public hearing.
Mr. Beardsley Appologized for not showing one deck which extends 3 feet out
from the corner of the house.
Mr. Hovanec stated he would like to see a map of the land. He recommends
that the plat be returned to Mr. Beardsley and then resubmitted to the
Commission with the building accurately located and all appertainences
shown.
Mr. Busch closed the public hearing and reopened the regular meeting.
Mrs. Crowe moved to return the application to Mr. Beardsley because of
insuffient information at this time. Seconded by Mr. Pugh. Motion PASSED
by unanimous roll call vote.
B. OTHER
1. BL -78 -001. Request for a borrow site lease on Parcel B -1, Tract B, Bells
Flats Alaska Subdivision. (Felton Construction Company)
STAFF REPORT: Mr. Milligan presented a staff report based on a memorandum
prepared by the planning department.
Mr. Hovanec commented on the lease. The applicantion was not submitted with
a mining plan as it should have been. He would like to see the mining plan
before the lease is renewed..
Mr. Ball moved to postpone action on Parcel B -1, Tract B, Bells Flats Alaska
Subdivision until a mining plan has been submitted by Mr. Felton. Seconded
by Mrs. Crowe. Motion PASSED by unanimous roll call vote. Set for action
no later than January 2, 1979 added to the motion.
VII. MINUTES: July 18, 1979, Regular P & Z Meeting
Mr. Pugh had one correction, on page 3 he voted NO on both of the Koniag,
issues.
Mrs. Crowe moved to except the minutes after the correction the Mr. Pugh
stated. Seconded by Mr. Pugh. Motion PASSED by unanimous roll call vote.
VIII. NEW BUSINESS - None
IX. INFORMATION AND REPORTS
A. Communication - None
B. Reports
1. Chairman's report - None
2. Committee report - None
■
Kodiak Island Borough Planning and Zoning Commission Minutes
May 28, 1980
Page 5
Mr. Ball felt the applicant met all four requirements.
Mr. Perez had the same opinion and also liked the utilization
of the property.
Mr. Erwin voted yes because Mr. Bean met all four requirements.
Mrs. Crowe liked the idea of building to get gear out of the
yard.
Mr. Hill felt all four requirements were met.
B. SUBDIVISIONS
1. S-80-006. (Preliminary). Proposed subdivision of lot 14E, block
7, Bells Flats Alaska Subdivision USS 2539 into two lots (lots 14E-1
and 14E-2) of approximately one acre each. (Kenneth and Barbara
Sikora)
STAFF REPORT: Mr. Crowe presented the staff report..
Discussion between the Commission and Mr. Crowe
Oerez moved to return to the applicant the proposed subdivision
of lot 14E, block 7, Bells Flats Alaska Subdivision-USS 2539 into two
lots (lot 14E-1 and 14E-2) of approximately one acre each, for
redesign to show a dedicated road and not to get a land-locked
lot. Seconded by Mr. Hill. Motion PASSED by.unanimous rolT
call vote..
2, S-80-007. (Preliminary). Proposed vacation of lots 24A, & 24B,
USS 3099;and replat to lots 24A1 and 24B-1, USS 3099, lot areas
of approximately 7,598 and 9,386 square feet respectively.
(Donald W. Gott)
STAFF REPORT: Mr. Crowe presented the staff report.
Mr. Don.Gott spoke in favor of the proposal. His main concern is
for single dwelling. He has no intent of building or any other
new construction on this piece of property at this present time.
Mrs. Crowe questioned whether there was a dedicated utility
easement across the back of the proposed lots.
Mr. Gott stated that there was.
Mr. Bali closed the public hearing.
Mrs. Crowe moved to grant preliminary approval to the vacation of
lots 24A, & 24B, USS 3099; and replat to lots 24A-1 and 24B-1,
USS 3099, lot areas of approximately 7,598 and 9,386 square feet.
respectively. Seconded by Mr. Erwin. Motion PASSED by unanimous
roll call vote.
Mrs. Crowe stated that she liked, gaining a better dedicated
easement on Jackson Lane.
S-80-008. (Preliminary). Proposed subdivision of lot 10,
Russian Creek Alaska Subdivision USS 2539 into four lots (lots
10A, 10B, 10C and 10D) of approximately 40,000 square feet
each. (Daniel Stockdell)
STAFF-REPORT:* Mr. Crowe.presented:the staff report—He.also.
said that the applicant has requested that this item be tabled"
*until the June meeting as.he is taking care of thc- ownership
.
problem and other items in Mr. Crowe's memo to the Planning and
Zoning Commission on May 14.
Kodiak Island Borough Planning and Zoning Commission Minutes
May 28, 1980 .
Page 6-
Discussion among the Commissioners.
Mr. 'Ball closed the public hearing as there was no testimony.
Mr. Perez moved to return to the applicant the proposed sub-.
division of lot 10, Russian Creek Alaska Subdivision USS 2539
into four lots (lots 10A, 10B, 100 and 10D) of approximately
40,000 square feet each for reasons as stated in items 1-4
per the Borough Engineer's memorandum, Seconded by Mrs. Crowe.
Motion PASSED. by unanimous roll call vote.
4. S-80-009. (Preliminary). Proposed subdivision of lot 18, block 7,
Bells Flats Alaska Subdivision USS 2539 into two lots (lots 18A &
18B) of 1.779 and 5.027 acres respectively. (Dale and Marie Rice)
STAFF REPORT: Mr. Crowe presented the staff report.
Discussion between the Commission and Mr. Crowe.
Mr. Crowe also stated for the record that Kodiak Electric
Association had requested that a note be put on all future plats
to this effect, "The buyer of lots within this subdivision should
be aware that there may be existing electic easements and under-
ground service lines across the lots of this subdivision which
are not shown on the plat." Mr. Crowe told the Commission he
will take responsibility to see that this advisement is on
future plats.
Mr. Dale Rice spoke in favor of the subdivision.
Discussion between Commission and Mr. Rice.
Mr. Ball closed the public -hearing.
Mr: Hill moved to grant preliminary approval to the proposed
subdivision of lot 18, block 7, Bells Flats Aias.ka Subdivision
USS 2539 into two lots (lots 18A & 18B) of 1.779 and 5.027
acres respectively provided there is an utility easement
between lots 18B & 18A and has a note attached regarding the
K.E.A. easements. Seconded by Mr. Perez. Motion PASSED
by unanimous roll call vote.
VII. NEW BUSINESS - None
VIII. INFORMATION AND REPORTS
A. Communications - none
B. Reports
1. Mrs. Crowe reported on behalf of the street-naming committee.
They asked to be put on the June agenda to present their plan.
Mr. Milligan pointed out that this will require a public hearing
and either a resolution or an ordinance to be put into effect.
Discussion among Commissioners.
2. No other reports.
C. Other
Mrs. Ann Moen stated that the Rice family will be gone by the July
meeting when their request will be heard for final approval.
Kodiak Island Borough Planning and Zoning Comission Minutes
May 28, 1980
Page 7
IX'
MrS' Crowe moved to grant final approval to the proposed subdivision
of lot 18, block 7, Bells Flats Alaska Subdivision U55 2539 into two
lots (lots l8A & 18B) of 1.779 and 5.027 acres respectively with a
note attached from K.E.A. per their letter to the Borough Engineer and
also contingent upon a utility easement between lots 18A & 18B on
the lot common line. Seconded by Mr, Perez. Motion PASSED by
unanimous roll call vote.
COMMISSIONER'S COMMENTS
Mr. Perez congratulated the Commission on cooperatively working this .
evening'
Mr. Ball asked that a recommendation be made on June 4, 1980 to
encumber funds to purchase maps for display in the AsseMbly chambers.
Mr. Erwin reported on seeing a barbecue stand open on Mill Bay creating
a parking problem and also a problem with cars near the road in the
area of Walt's Auto Repair. Mr' Gordon will be asked to check on the
latter situation and a report will be returned to the Commission.
X. AUDIENCE COMMENTS
•
nr. Bob rumteer, co-owner with his wife of ,`""." °^g ~/ spoke
regarding the barbecue stand mentioned earlier. As his property
is zoned business, he felt he could open a stand in this area.
He went to the Planning and Zoning Department and the engineer told
him that an exception or a variance would be needed because of the
potential parking problems and the fact that there are no similar
businesses in the area. He is talking about an 8 x 10 foot building.
Mr. Palmateer had talked to the city sanitarian, Mr' Harry Brighton,
and was told his plans were alright as long as he conformed to the
sanitation codes necessary for a building of this type. He feels
these are met. His purpose in being here is to get this approved
SO that he can have the 8 x 10 foot structure in conformance with
surrounding housing constructed, He feels parking can be taken
care of by his 2 car parking driveway as he has another driveway
behind his house for his own VehiCleS. The building will be
build up against the fence in the front yard so as to be portable._
Discussion between Commission and Mr. Palmateer.
Mr. Milligan suggested that Mr. Pdlmat2er, Mr. Lee, Mr. Gordon,
Mr' Crowe and himself will meet tomorrow morning to discuss the
situation and will bring a report back to the Commission on
May 29, 198U,
XI. RECESS - Mr' Ball recessed the meeting at 9:45 p.0'
14, /
PASSED AND APPROVED this ./ day of
ATTEST
APPROVED
Z Chairman.
�^'
[
(
KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION
May 21, 1980 Regular Meeting
(Postponed to May 28, and continued to May 29 and June 4, 1980)
May 29, 1980
MINUTES
I. CALL TO ORDER
The meeting was called to order at 7:35 p.m. in the Borough Assembly
Chambers by Mr. Rollyn Ball, Acting Chairman.
II. ROLL CALL
Present Absent
Mr. Rollyn Ball
Mrs. Virginia Crowe
Mr. Gene Erwin
Mr. Tim Hill
Mr. Tony Perez
Mr. Don Baker (excused; fishing)
Mr. John Pugh (excused; ill)
Staff members present were Mr. Harry Milligan, Planning Director;
Mr. David Crowe, Borough Engineer; Mr. Bryce Gordon, Building Official;
and Mrs. Ann Moen, Secretary. Mr. Carl Pohjola, Assistant Superin-
tendent, KIB School District, was also present.
Twenty-one (21) property owners and residents of the Bells Flats-
Russian Creek community were present, in the audience.
III. MINUTES - None
IV. APPEARANCE REQUEST
Mr. Carl H. Pohjola appeared before the Commission and read into the
record his May 29, 1980 letter to the Commission, which states the
KIB School District's need for 14 acres of land to accommodate a
ten-classroom school for 250 students by 1985, expandable to a twenty-
classroom school for 450 K-8th grade students by 1995. Mr. Pohjola
responded to questions from the Commission and audience with respect
to site location (safe from tsunami, flooding, etc.), time frame
(two years from design to construction), and the hope that the Borough
would review sites with his letter's points in mind, and that the
School District could be partners in site selection.
V. UNFINISHED BUSINESS - None
VI. PUBLIC HEARINGS
A. ZONING - None
B. SUBDIVISIONS
1. Case No. S-80-010 (Preliminary). Proposed subdivision of
Tract A, Bells Flats Alaska Subdivision, USS 2539 (Kodiak
Island Borough Assembly).
Mr. Crowe gave the staff report, explaining that the Borough
Assembly had contracted with Mr. Roy Ecklund in April to
prepare three preliminary sketches of possible subdivisions.
These were presented to the Assembly in May, and the Assembly
selected this particular configuration as the one they wished
to have presented at this time. Tract A is zoned Industrial
Reserve.
Mr. Ball closed the regular.meeting and opened the public
hearing.
Mt. Bill Williams, a resident of Bells Flats, addressed several
concerns:
.1) He would advocate rezoning of the entire area for home-
sites, most particularly the high ground upward of
parcel P-1. Perhaps some of the land along the Chiniak
(
KODIAK ISLAND 80.120 PLANNING AND ZONING COI
May 29, 1980 Meeting Minutes - Page 2
Road should be Zoned for business.
2) He feels more road exit should be provided from the
area, especially in the parcel P-1 and P-2 area.
3) He questions the potential for development of the low
lands along Chiniak Road, forsees percolation and
septic system problems.
Mr. Williams stated that the property has been in the Borough's
hands for ten years, and to his knowledge the Borough has done
nothing during that time to attempt to obtain patent to the
land. Without patent, lending institutions won't grant
construction loans, so the Borough really isn't doing the
people a favor by making the land available.
Mr. Ball replied that the matter of patents is not a planning
and zoning problem, and is not appropriate for discussion at
this meeting.
In response to questions concerning the purpose of tonight's
public hearings, Mr. Milligan replied that the Kodiak Island
Borough Assembly wants to replat some of their property
holdings, and is seeking a recommendation from the Commission
following the replatting for liquidation of some of these
properties. The Assembly have presented for public hearings
a proposed preliminary plat for three different areas within
the Bells Flats-Russian Creek area in a configuration they
feel is a,reasonable and code-complying subdivision plat.
The hearings tonight are to obtain testimony from the community
about their feelings as they view the impacts that they may
receive from this proposed resubdivision of lands adjoining
their holdings.
Mr. Milligan, addressing the title question, stated that the
Borough Assembly is convinced that its title to those lands
is true and valid. Those lands were selected under lands
tentatively approved from the federal government to the State
of Alaska under the Alaska Statehood Act, and under the Manda-
tory Borough Act, where the Borough can select up to 10% of
State lands within its jurisdiction. The lands were selected
and tentatively approved. The Borough has in its possession
opinions from the Secretary of the Department of Interior,
the United States Attorney General, and the Solicitor General
for the Department of Interior, that the Borough's claim is a
valid third-party interest under the Alaska Native Claims
Settlement Act, and the Borough's title comes ahead of Native
Claims Selections. Therefore, the Borough is convinced that
its title is good, the State and federal governments are
convinced that its title is good, and that upon completion of
cadastral surveys, patent will be transferred. The tentative
approvals are tantamount to patent in the interim period.
Mr. Crowe informed him that he had learned today that the
cadastral surveys are to be performed or are being performed now
by the Bureau of Land Management. Patent should be forthcoming
in the very near future.
Mr. Jim Cobis testified about a residents' meeting held in Bells
Flats last week, where the consensus was that the community
wasn't qualified or ready to propose an over-all plan for the
area until the Borough produces an over-all comprehensive land
use plan and timetable for the entire Bells Flats-Russian Creek
area. Major points brought up at the meeting included the
questions, Why the sale? Where will the revenue from the sale
go? The residents suggested forming a small representative
citizens' group to work with and discuss land use with the
Commission and/or the Assembly; and the possibility that land
reserved for school site might include adjacent land for
a firehouse, police. One popular idea was to locate the
industrial area in the area of Tracts G, H, and A.S.L.S. 72-11
in the proposed Russian Creek replat (Case No. 5-80-011);
another was locating a baseball park in the northeast portion of
parcel P-3, Tract A, Bells Flats.
, - ,
KODIAK ISLAND BORO PLANNING AND ZONING COMMISS ON—
May 29, 1980 Meeting Minutes - Page 3
Mr. Milligan, at Mr. Ball's request, explained that when the
Borough Assembly asks for recommendations on the disposal of
Borough-owned lands, one of the responsibilities of the Planning
and Zoning Commission is the evaluation and determination of
which of those lands it feels should be held for future public
purpose: park lands, school sites, fire station, and other
public facility needs for which lands should be kept in public
ownership. Proceeds from land sales go into the Borough's
land sales fund from which the Assembly can appropriate certain
monies to offset the tax base of the community in order to
operate the general fund, to develop other lands, or to augment
the general fund to reduce the mill levy each year.
Mrs. Barbara Sikora inquired if there are more Borough-owned
lands that will be offered for sale in the future. Mr. Milligan
replied that the Borough's entitlement under the Act as rewritten
is approximately 54,000 acres, of which he believes there are
in the neighborhood of 3,000 acres in the general area of Bells
Flats-Russian Creek- Selonie Creek -- but that a good bit of
those lands are still in question.
Mr. Spencer Schaeffer, owner of Lot 5C, Block 4 (near parcel
P-1) feels the Bells Flats community doesn't have sufficient
data to make recommendations, and would suggest postponement.
There followed a lengthy discussion about zoning of the three
proposed resubdivision properties, and its effect upon planning.
Mrs. Crowe reiterated her understanding that the areas would
remain as presently zoned unless and until rezoning is
initiated by either the Borough Assembly, the Commission, or
residents; that possible future rezoning efforts might be the
result of the Commission's recommendations to the Assembly;
that planning (not zoning) is appropriate to the meeting
tonight...
Mr. Bill Franklin inquired if the Borough Assembly, in subdividing
its properties, would require platted access to each lot as
dilligently as it requires other subdividers to provide road
access. The Commission replied in the affirmative.
Mr. Glenn Mathes feels that Tract A is totally wrong for
industrial use because the only road leaving the residential area
goes through the industrial area. Mr. Mathes proposes that the
land currently zoned for business in Russian Creek (Tracts G, H,
I, J, and A.S.L.S. 72-11, Case No. S-80-011) be rezoned to
Industrial, and that industry be relocated there, with the
exception of the Kodiak Cattle Association and perhaps Royal
Large.
Mr. Mike Brechan, representing Brechan Industries, Inc., gave a
brief history of the Brechan interest in parcel P-1 of Tract A.
Brechan's originally applied to BLM for a lease in 1965, before
there was a Borough. The land was under patent then to the Navy.
They submitted a proposal to the Borough to purchase P-1, the
site where their asphalt plant is. In that proposal they laid
out a 20-year plan involving the development of that area and its
final use as an industrial site. They do not at the present time
envision moving their asphalt plant. They are running out of
gravel there, but don't intend to leave. They do not oppose the
proposed subdivision of Tract A, but would ask -- if the area is
to be rezoned -- that a buffer zone or light industry zoning be
created. Their 20-year plan for P-1 included the eventual
filling back in for a low industrial area where people driving
by couldn't see the warehouse they plan. They are currently
developing parcels B-3 and B-4 of Tract B for gravel extraction.
Mrs. Robin Schaeffer expressed concern with the trucks moving
gravel over the roads from B-3 and B-4 to P-1, through the
residential area; stated that the residents will fight for rezoning
of parcel P-1.
KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION
May 29, 1980 Meeting Minutes - Page 4
Mr. Milligan pointed out his feeling that Mr, Brechan was
rather generous; he could have castigated the Borough for
a couple of things. When Mr. Brechan applied for either
a lease or purchase of P-1, the Assembly decided, on the
recommendation of the Commission, that the property be
leased rather than sold. Mr. Brechan proposed to purchase
the,property, and did go through a very elaborate and
expensive development.plan process for a lease. After that,
and after the sale was scheduled,, the Borough changed its
mind and said they weren't going to lease it, but would sell
it after all. Mr. Brechan is temporarily there, paying rent
on a month-to-month basis, and will have to go to the auction
block and compete with whoever has an equal interest in that
land, and he still may find that he is not the ultimate owner
of that land. He has a considerable investment in the land,
and a considerable investment'in plans which have been sent
right down the tube as a result of recent actions by the
public bodies of the community. Mr. Brechan has dealt fairly,
honestly, and openly, and has tried to make the best of a
number of bad or difficult situations.
Mr. Brechan suggested that members of the Commission would
have to look at both sides, the economics of the community
as well as the preferences of the Bells Flats area residents.
Nearly all of Brechan's product is sold to other people, and
to governments.
Mrs. Pat Lods has no problem with the slaughterhouse or with
Brechan's. P-6 and P-4 border on residential area, and she
would like to have P-6 reserved as a buffer zone, for noise
abatement. She feels an additional road is needed for exit
from the area.
Mr. Dale Rice, owner of Lot 18, Block 7, across the road from P-8,
has no problem with land currently used for industry, but
doesn't want industry moving further up into the Flats.
He suggests P-5 or the lower part of P-3 for a firehouse, and that
the land below P-3 and P-5 be considered for a sewage treatment
plant.
Mr. Ken Sikora proposed that a citizens' group from the Bells
Flats community propose a plan, and requested that no more
industrial area be allowed to move up into the Flats. He
agrees that the land zoned for business in Russian Creek be
the location of industry.
Mr. Spencer Schaeffer recommended to the Commission that they
recommend to the Borough Assembly a delay until the residents
of Bells Flats have the information from the Borough they feel
is necessary to make their recommendations.
Mr. Ball closed the public hearing and reopened the meeting for
comments from the Commission.
Mrs. Crowe summarized the testimony as she understands it:
The citizens of the Bells Flats area would like to form a
citizens' committee for a comprehensive plan; that they feel
the Borough should look into adding a road that would help
vacate that general higher residential area to the main
Chiniak road; that if there is any rezoning done in the
industrial reserve, a buffer strip (whether recreational,
school site) be created between the P-1 land and the residential
land above (P-6, P-4); that lot P-3 be considered for a fire
station; that for future planning, the flat northerly portion
of P-3 and land adjacent to it on the west be considered for a
park and recreation area.
Mr. Ball suggested that •if any recommendation is made to the
Assembly concerning a delay for a citizens' committee and its
recommendations, a time limit should be set.
•
KODIAK ISLAND BOROUGEL PLANNING AND ZONING COMMISSION
May 29, 1980 Meeting Minutes - Page 5
Mr. Milligan stated that the Assembly would like the
Commission to take action tonight, or at least prior to
the Assembly's June 5 meeting so that contracts can be
initiated to commence lot surveys and road construction,
to permit a fall land sale. Any delay by the.Commission
beyond June 4 will probably delay the work and the sale
to the next calendar year.
Mrs. Crowe suggested passing the proposed subdivision to the
Assembly with the stipulation that, while the surveying is
being done, the citizens' committee can-work to produce an
over-all land use plan. The stipulation should include the
request for an additional road or consideration of the
feasibility of an additional road, buffer strips, preferred
location for. fire station, park and recreational land, etc.
Mr. Ball suggested continuing with the other two public hearings,
and then drawing up a Resolution between now and June 4 for
presentation to the Assembly on June 5.
2. Case No. S-80-011 (Preliminary). Proposed subdivision of
Tract C, Russian Creek Alaska Subdivision; proposed vacation
and replat of Tracts A, B, Russian Loop Road, Tracts G, H, I,
J, ,and A.S.L.S. 72-11 to Tracts A-1 through .A-6, and Lots 1
through 14, 15A, 158, 15C, and 16 through 27, Block 3, Russian
Creek Alaska. Subdivision, USS 2539 (Kodiak Island Borough .
Assembly).
Mr. Ball closed the regular meeting and opened the public
hearing.
Mr. Bill Williams questions the necessity of a 20-foot utility
easement, or a total of 40 feet of unusable land on most lots,
suggests 10-foot easements each side. In proposed Lots 25 and
26, the easement cuts across the only access to those lots; which
could pose a real problem if a drainage ditch (for example)
should be placed there. If the lower portion, Tracts G, H, I,
and J, and A.S.L.S. 72-11 were to be rezoned to industrial,
a green belt should be provided along Russian Creek Road to
buffer the industrial from the residential area.
Mrs. Barbara Sikora inquired about the terms of sale. Would a
person be allqwed to buy only one lot, or several? Mr. Ball
replied that that issue hasn't been determined yet, and is a
valid question to take to the Assembly. She feels the land
should be left with its present business zoning, that no
additional land should be zoned for industrial use.
Mr. Jim Cobis agrees with Mrs. Sikora, and with the green belt
along Russian Creek Road proposed by Mr. Williams. This was a
matter discussed at the Bells Flats residents' meeting.
Mr. Glenn Mathes proposed as an alternate route from the Tract
B parcels to the Tract A parcels, a road connecting with the
old Russian Loop Road and a bridge -- which would connect
industrial with industrial land and eliminate the heavy traffic
through the existing residential areas.
Mr. Perez replied that a road had been propOsed across Russian
River from the vicinity of Lot 12, Block 7, but the State
was very uptight about the culverts that would be required and
the effect of the construction upon salmon runs, the necessity
for permits, etc. He suggested that the residents should
request the Assembly to petition the State for such a bridge.
Mrs. Robin Schaeffer stated that none of the residents are
ignorant of the money Mr. Brechan has invested in properties in
the area, nor are any residents ignorant of the services he has
offered to the community. No-one really expects Brechan to
leave Bells Flats. They'd like to see alternatives to the
situation as it exists; they•don't want any more extensions of
industry into the residential areas.
KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION
May 29, 1980 Meeting Minutes - Page 6
Mr. Ball expressed his appreciation that the people from
Bells Flats are trying to find alternate locations for future
industry, and he knows Mr. Brechan will be willing to work
with the residents, and will do everything he can to get
along with the people in the area.,
3. Case No. S-80-012 -(Preliminary). Proposed subdivision of
Lot 3, Russian Creek Alaska Subdivision; proposed vacation
and replat of Lots 18, Portion Noch Drive, and Lots 20 through
24A, Russian Creek Alaska Subdivision to Lots 1 through 8,
Block 1, and*Lots 1 through 10, Block 2, Russian Creek Alaska
Subdivision, USS 2539 (Kodiak Island Borough Assembly).
Mr. Jim Cobis stated that everyone agrees with the present
Rural Residential ,zoning. Lot 4, "Shorty Taylor's", is a
junk yard they would like to get rid of. Lot 4 would be a
good location for a parks and recreational area. The residents
have been told they wouldn't be able to have a dump or sanitary
landfill area within the Russian Creek Subdivision, but they
need one nearby.
Mr. Milligan replied that the Borough Engineer is looking at
several locations for a sanitary landfill, including Selonie
Creek and Swampy Acres. Seven Borough CEIP planning grant
applications have been submitted and are being looked at now,
and grant monies might be coming in to the Borough. By fall,
at least one area, probably Selonie Creek, will be identified
as a dump or sanitary landfill site.
Mr. Bryce Gordon, Building Official, reported that Fairbanks has
three large dump boxes (transfer stations) operating and
working out well there. A similar operation might be
considered here.
Mr. Ball suggested one contact person from the Bells Flats-
Russian Creek area, to meet with the Commission:
Mrs. Robin Schaeffer - 486-3316 (work)
Mr. Arndt - 487-2135
VII. OLD BUSINESS - None
VIII. NEW BUSINESS - None
IX. INFORMATION AND REPORTS
A. Communications - None
B. Reports
1. Chairman's Report - None
2. Committee Report - None
3. Staff Report
a.
Planning Director:
Mr. Milligan announced that the June 4 continuation meeting,
scheduled for the purpose of reconsidering the Grothe
Lakeview Subdivision Case (No. S-80-005) has been cancelled
by direction of the Borough Administration. The date and
location are available for a continuation of this meeting
and Commission action on the proposed Bells Flats-Russian
Creek resubdivisions.
4. Other
X. COMMISSIONERS'
In response to
at the request
reported about
- None
COMMENTS
Commissioners' Comments during last night's meeting, and
of the Commission, Mr. Bryce Gordon, Building Official,
his inspections made today:
1. Bob Palmateer, Mama Osang's Barbecue, Lot 6A, Allman-LeLande
Subdivision: Mr. Gordon inspected the property, and it is
apparent that Mr: Palmateer needs more off-street public
parking. Mr. Palmateer will submit a plan showing alternate
e. •
FI
KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION
- May 29, 1980 Meeting Minutes - Page 7
parking areas •for the Commission's approval.
2. Walt's Auto Repair, Lot 14A, U.S. Survey 3098:
Mr. Gordon reported that the land is zoned for business, and
an auto repair business is legal use of the land. The owner
stated to Mr. Gordon that 75% of the front cars belong to
his customers; the first four cars nearest Mill Bay Road will
be going out in a week. The cars across the road are not his
He expressed his willingness to work with the Commission.
Mr. Erwin suggested that two rows of cars would have to be
removed to clear the sewer easement; the first four cars are
in the road right-of-way.
Mr. Gordon suggested that a determination would have to be
made by the Commission whether Lot 14A houses an auto repair
shop or a junk yard.
Mr. Hill moved to continue this meeting to June 4, 7:30 p.m., at East
Elementary School's Multi-purpose Room. Mrs. Crowe seconded the
motion, which passed by unanimous roll call vote.
By consensus, a work session will be held Monday night, June 2, at
7:30 p.m. in either the Borough Conference Room (221) or in the
Assembly Chambers, whichever is available. The Commission requested
that the Bells Flats area.representative, Mr. Spencer Schaeffer,
attend the work session.
XI. AUDIENCE COMMENTS
Mr. Bill Williams inquired about the time and place to address the
possible reqoning of Bells Flats area properties. Mr. Ball replied
that the matter can be informally discussed at Monday's work session
and can be brought up at the June 4 meeting.
Mr. Milligan suggested that members of the Commission should plan to
attend the June 5 Assembly meeting, to reply to the Assembly's
questions concerning this and the June 4 meeting and the Commission's
recommendations.
Mrs. Mary Mathes asked if perhaps some lands might be withdrawn from
the sale, specifically parcel P-1. She suggested P-1 as a possible
park site.
Mrs. Robin Schaeffer inquired if an owner of land could dig it all up,
extract all the gravel, create big holes. The Commission responded, '
generally, in the affirmative.
Mr. Perez inquired of the audience where they would suggest a nearby
alternative available.source of gravel existed. Mr. Schaeffer
suggested Buskin Lake, land near the State Airport Runway, and Antone
Larsen Bay. Mr:Perez replied that these lands are within the Reserve,
held by the military, or in Native hands.
XII. ADJOURNMENT
The meeting was recessed at lb:05 p.m., to be continued at 7:30 p.m.
June 4, East Elementary School Multi-purpose Room.
Respectfully submitted:
,117N)
Ch irma-.
L....y7
r-
KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION
May 21, 1980 Regular_Meeting
(Postponed to May 28, and continued to May 29 and June 4, 1980)
June 4, 1980
MINUTES
I. CALL TO ORDER
The meeting was Called to order at 7:35 p.m. in the East Elementary
School Multi-purpose Room by Mr. John Pugh, Chairman.
II. ROLL CALL
Present Absent
Mrs. Virginia Crowe
Mr. Gene Erwin
Mr. Tim Hill
Mr. John Pugh
Mr. Rollyn Ball (arr. 7:39 p.m.)
Mr. Tony Perez (arr. 7:43 p.m.)
Mr. Don Baker (excused; fishing)
Staff members present were Mr. Harry Milligan, Planning Director;
Mr. David Crowe, Borough Engineer; and Mrs. Ann Moen, Secretary.
The audience numbered twenty-four persons, most of them property
owners and residents of the Bells Flats-Russian Creek Subdivisions.
III. MINUTES - None
IV. APPEARANCE REQUEST - None
V. UNFINISHED BUSINESS
A. SUBDIVISIONS: Case Numbers S-80-010, S-80-011, S-80-012:
Preliminary Subdivisions of Borough-Owned Properties within the
Bells Flats-Russian Creek Alaska Subdivisions.
Mr. Milligan presented a staff report and review of the three
cases: the Borough Assembly's desire to subdivide and sell
several parcels of its holdings in the Bells Flats-Russian Creek
Subdivisions; the Assembly's requesting Mr. Roy Ecklund to
prepare preliminary subdivision plats for their review and
submittal to the Commission; the Commission's May 29 meeting and
public hearing on the three preliminary plats; and the staff's
preparation of five Resolutions approving the plats based, in
part, upon public testimony at the May 29 meeting and at the
Commission's June 2 work session with representatives of the
Bells Flats-Russian Creek community.
1. Case No. S-80-010 (Preliminary): Proposed Subdivision of
Tract "A", Bells Flats Alaska Subdivision (USS 2539) into
-Lots 1, 2, 3, 4, 5, and 6, Block 1, Tract "A"; Lots 1, 2, 3,
and 4, Block 2, Tract "A"; Tracts P-1 and. P-2, Tract "A";
Lots 1, 2, and Tract P-8, Block 3, Tract "A"; and Lots 1, 2,
3, and 4, Block 4, Tract "A", Bells Flats Alaska Subdivision,
U. S. Survey 2539 (Kodiak Island Borough Assembly),
Mr. Milligan presented Resolution No. S-80-010 to the
Commission, with the suggestion that item (4) on page 2 be
corrected to read:
4. Proposed lots 1, 2, 3, and 4, Block 4, should be
reserved as a future sewage disposal site.
Mrs. Crowe moved the adoption of Resolution No. S-80-010 with
the correction of item (4) on page 2. Mr. Hill seconded the
motion, which passed by unanimous roll call vote.
• . :
Zr•
KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION
June-4, 1980 Meeting Minutes - Page 2
2. Case No. S-80-011 (Preliminary): Proposed Subdivision of
Tract C, Russian Creek Alaska Subdivision (Tracts C-1, C-2,
C-3); Proposed Vacation and Replat of Tracts A, B, Russian
Loop Road, Tracts G, H, I, J, and A.S.L.S. 72-11 to Tracts
A-1, A-2, A-3, A-4, A-5, A-6, and Lots 1 through 14, 15A,
15B, 15C, and 16 through 27, Block 3, Russian Creek Alaska
Subdivision, U.S. Survey 2539 (Kodiak Island Borough Assembly).
Mr. Milligan presented Resolution No. S-80-011 to the
Commission.
Mr. Hill moved the adoption of Resolution No. S-80-011, and
Mr. Ball seconded the motion. Discussion followed about the
20-foot easement shown in the southwesterly portion, in
the area of proposed Lots 20 - 27.
Mr. Ball moved to amend the motion, to delete the words "and
walkway" from item (2), page 1 of the Resolution, so that
the item reads:
2. That the 20' utility easement be redesigned as
a 10' public utility easement.
Mr. Erwin seconded the motion to amend, which passed
by unanimous roll call vote. The main motion, to adopt
Resolution No. S-80-011 as amended, passed by unanimous roll
call vote.
3. Case No. S-80-012 (Preliminary): Proposed Subdivision of
Lot 3, Russian Creek Alaska Subdivision (Lots 3A, 3B, 3C);
Proposed Vacation and Replat of Lots 18, Portion Noch Drive,
and Lots 20, 21, 22, 23, and 24A, Russian Creek Alaska
Subdivision to Lots 1 through 8, Block 1, and Lots 1 through 10,
Block 2, Russian Creek Alaska Subdivision, U.S. Survey 2539
(Kodiak Island Borough Assembly).
Mr. Milligan presented Resolution No. S-80-012 to the
Commission.
Mrs. Crowe moved to adopt Resolution No. S-80-012. Mr. Ball
seconded the motion, which passed by unanimous roll call vote.
VI. PUBLIC HEARINGS - None
VII. OLD BUSINESS - None
VIII. NEW BUSINESS
A. Resolution No. R-80-4 of the Planning. and Zoning Commission,
recommending the Borough Assembly establish.and appoint a Bells
Flats-Russian Creek Alaska Subdivisions Planning Advisory
Committee.
Mrs. Crowe moved, and Mr. Erwin seconded, the adoption of
Resolution No. R-80-4. The motion passed by unanimous roll call
vote.
B. Resolution No. R-80-5 of the Planning and Zoning Commission,
recommending the Borough Assembly establish within the Borough
Capital Improvements Program funds for construction of a bridge
connecting Leta Street within the Russian Creek Alaska Subdivision
and Russian Creek Road in the Bells Flats Alaska Subdivision.
Mr. Hill moved, and Mr. Ball seconded, the adoption of
Resolution No. R-80-5. The motion passed by unanimous roll call
vote.
KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION
June 4, 1980 Meeting Minutes - Page 3
C. Other New Business:
Mr. Crowe requested that the Commission reconsider their action
taken at the meeting on May 28, 1980 with respect to Case No.
5-80-006 (Sikora) and S-80-009 (Rice), subdivisions within the
Bells Flats Subdivision. KEA had requested that a note be added
to plats within the area, stating that
" The purchasers of lots within this subdivision
should be aware that there may be existing electrical
easements and underground service lines across the
lots of this subdivision which are not shown on the
plat."
The Commission's May 28 meeting action had provided for the
inclusion of that note on plats considered at that meeting.
The Borough Administration and a member of the Assembly had since
instructed the Borough Engineer that, instead of the requested
reference to a blanket easement, the actual location of all
existing underground utilities shall be shown on plats submitted
for approval.
1) Case No. S-80-009 (Final): Subdivision of Lot 18, Block 7,
Bells Flats Alaska Subdivision, U.S. Survey 2539 (Dale and
Marie Rice).
Mrs. Crowe moved to reconsider the Commission's action on
Case No. S-80-009, taken May 28, 1980. Mr. Perez seconded
the motion, which passed by unanimous roll call vote.
Mr. Ball moved that final approval be granted to the subdivision
of Lot 18, Block 7, Bells Flats Alaska Subdivision, with the
stipulation that the location of existing underground utilities
be shown on the plat. Mr. Perez seconded the motion, which
passed by unanimous roll call vote.
2) Case No. S-80-006 (Preliminary): Subdivision of Lot 14E,
Block 7, Bells Flats-Alaska Subdivision, U.S. Survey 2539
(Kenneth and Barbara Sikora).
Mrs. Crowe moved to reconsider the Commission's action on
Case No. S-80-006, taken May 28, 1980. Mr. Hill seconded the
motion, which passed by unanimous roll call vote.
Mrs. Crowe moved that the preliminary plat, Case No. S-80-006,
be returned to the subdivider because no dedicated access is •
provided to proposed Lot 14E-1; and that the subdivider be
notified that the actual location of existing underground
utilities will be required to be shown upon the plat, when the
plat is resubmitted. Mr. Ball seconded the motion, which passed
by unanimous roll call vote.
IX, INFORMATION AND REPORTS
A. Communications - None.
B. Reports
1) Chairman's Report:
Mr. Pugh apologized to the Commission for his inability to
attend the May 28 and 29 meetings; he was ill. He thanked
Mr. Ball for chairing those meetings.
2) Committee Report - None
KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION
June 4, 1980 Meeting Minutes - Page 4
3) Staff Report
a. Planning Director:
Mr. Milligan announced that the memorandum dated June 3
handed out to the Commissioners asking them to check
their copies of the Municipal Code was prompted by his
finding of a Title 9 in a copy of the Code. Title 9,
"Public Peace, Morals and Welfare", which deals with
fireworks, was defeated by a referendum vote of the
people, and is not in effect.
Mr. Milligan thanked the Commissioners for the support,
encouragement, and cooperation he has received from
them throughout the three years of his working for the
Borough.
X. COMMISSIONERS' COMMENTS - None
XI. AUDIENCE COMMENTS
Mr. Bill Pilkington inquired about Mr. Grothe's proposed Lakeview
Subdivision (Case No. S-80-005) which had been scheduled for the
Commission's review tonight.
Mr. Milligan replied that the Borough Administration had instructed
that the case be removed from the agenda of this meeting; that no
alternate date had been set.
Mr. Glenn Mathes, Bells Flats resident, would like the Commission to
recommend rezoning of all lots above (to the north of) P-8, Kodiak
Cattle Association, within Tract "A" to something other than Industrial
(or Industrial Reserve): Tracts P-1, P-2, proposed Lots 1 through 4 of
proposed Block 2, and proposed Lots 1 through 6 of proposed Block 1.
Mr. Bill Williams, Bells Flats resident, inquired about the number of
homesites the proposed three subdivisions would produce. Mr. Crowe
replied that 29 remained, after passage of the Resolutions reserving
future school, public facilities, parks and open spaces, and sewage
disposal sites. Mr. Williams suggested that if the Borough Assembly's
intention in subdividing and selling is to make homesites available,
lands now zoned for industrial and/or business use should be rezoned
to Rural Residential and subdivided for homesites.
In response to audience inquiries concerning how rezoning is initiated,
Mr. Milligan explained that zoning changes can be initiated by only
three entities: the Planning and Zoning Commission, the Borough
Assembly, or the owner of property proposed for rezoning. The Borough
Assembly is the owner of the properties proposed for subdivision in
the three cases heard tonight: Case No. S-80-010, -011, -012,
Mr. Spencer Schaeffer recommended to the Commission that Lots 1 through
4, proposed Block 2, Tract A, be rezoned Industrial, and Lot P-1 be
rezoned Rural Residential. Mrs. Robin Schaeffer agreed.
Mrs. Barbara Sikora suggested that the proposed park land in Tract A
(Lots 1 through 4, proposed Block 2) be rezoned and subdivided for
homesites,
Mrs. Pat Lods requested that a buffer zone be provided at the north-
westerly portion of Tract "A", between the Industrial land in Tract "A"
and the Rural Residential (and existing residential use) lands in existing
Block 5, Bells Flats Subdivision.
Mr. Spencer Schaeffer agreed with Mrs.. Sikora that Lots 1 through 4 of
proposed Block 2 should be rezoned to Rural Residential.
KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION
June 4, 1980 Meeting Minutes - Page 5
Mr, Bill Williams commented that the lots along Chiniak Road proposed
for rezoning from Business to Industrial (Case No. S-80-011, proposed
Lots 16 through 27, Russian Creek) were suggested by the Bells Flats
residents as a trade-off, as a location for industry now occupying
P-1 in Tract "A", Bells Flats. It was not the intent of the residents
that additional land should be opened up to industry.
Mrs. Mary Mathes inquired whether zoning changes can be recommended
after the land is subdivided, was informed that they can be.
Mr. Royal Large inquired about the composition of the Bells Flats-
Russian Creek Planning Advisory Committee (Resolution No. R-80-4).
Mr. Milligan replied that the,Assembly and the Borough Mayor would
determine the Committee's composition; that the Mayor appoints and
the Assembly ratifies the appointment of members to Committees.
Mr. Michael Brechan, tenant of P-1, Tract "A", Bells Flats, stated that
decisions were made a long time ago concerning the zoning of the land
within Tract "A". He asked the Commission to consider the economics
of the entire Kodiak community, not just the wishes of Bells Flats
residents and property owners. Brechan Industries will oppose efforts
to relocate them to another site because of the economic factors
involved: the lots along Chiniak Road are very low and will require
a great deal of fill. Brechan Industries is willing to talk about
fringes, slopes, and hiding the facilities on P-1 from public view.
A discussion followed about possible zoning changes for those lots
proposed for the school, parks, and public facilities. Mr. Pugh
stated-his opinion that a line should be drawn at the northerly boundary
of P-1, and that no industry should be permitted above that line.
He suggested that the lots recommended for school, parks, and public
facility sites should be changed to a "Public and Open Spaces" zoning
classification. - Mr. Milligan explained that while a "Public Lands and
Institutions" zoning classification used to exist,, it doesn't any
longer. "Service and Recreation" is not a zoning classification,
according to the Code, but rather a use permitted in any district
except districts zoned Watershed.
Mr. Pugh, addressing the audience, said he realizes that the people
from Bells Flats hadn't received everything they. wanted from the
Commission regarding the three proposed subdivisions of Borough-owned
lands within their community. He expressed his appreciation to the
residents for the input they .provided the Commission, with special
appreciation for Mr. Glenn Mathes efforts.
Mr. Pugh thanked' Mr. Milligan for his fine work during the past three
years as Borough Planning 6i:rector. He feels Mr. Milligan has worked
long and hard for the entire Kodiak Island Borough and its residents,
and that the community has benefitted enormously from Mr. Milligan's
efforts. While there have occasionally been differences of opinion,
the Commission and Mr. Milligan have always "pulled together" for the'
good of the community. He wished Mr. Milligan the best of luck in his .
new position "outside".
XII. ADJOURNMENT
Hearing no objection, Mr. Pugh declared the meeting adjourned at
9:20 p.m.
RESPECTFULLY SUBMITTED:
Approved: ) ,
]
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KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES
Regular Meeting, June 18, 1980
Page 5
meeting and in the interim post a map for public viewing and
input in the Post Office and the Kodiak Island Borough and
City offices with copies to go to the City and Borough engineer
for technical revision. Seconded by Mr. Ball. Motion PASSED
by unanimous roll call vote.
Mr. Pugh declared a five ( ) minute recess.
Meeting was called to order.
B. SUBDIVISIONS - None.
C. OTHER - None.
VII. OLD BUSINESS
1. S-80-002. Proposed subdivision of.lot 4, block 5, Bells Flats
Alaska Subdivision into three lots (4A, 4B, and 4C) of approximately
1.02 acres each. (Robert Brooks) (FINAL)
STAFF REPORT: Mr. Pugh presented the staff report based on a
memorandum prepared by the Planning Department.
Mr. Hill moved the proposed subdivision of lot 4, block 5, Bells
Flats Alaska Subdivision into three lots (4A, 4B, and 4C) of
approximately 1.02 acres each be approved in final form.
Seconded by Mr. Ball. Motion PASSED by unanimous roll call vote.
VIII. MEW BUSINESS
A. LAND LEASES
1. LL-80-001. A request for purchase of lot 12B, block 3, USS 3219
borough owned land. (Duane Freeman)
STAFF REPORT: Mr. Pugh presented the staff report based on a
memorandum prepared by the Planning Department.
Mrs. Crowe said thatiand valued at $1000'or les-6buld be offered
on a negotiated lease, but this request seems to be for the
entire survey.
Mrs. Moen pointed out that there are no maps of the parcel and
that it needs to be surveyed.
Mrs. Lorna Arndt is against the request. Four years ago she
wanted to purchase or lease this parcel. As there were no '
maps, she was told nothing could be done by the Planning
Department as no footage or assessed value was available.
Discussion among Commissioners.
Mr. Hill moved to grant the request for purchase of lot 12B,
block 3, USS 3219 borough owned land. Seconded by Mr.- Ball.
Motion FAILED by unanimous roll, call vote:
Mrs. Crowe.moved that properssteps be taken to survey this.
tract so that the parcel questioned above can be identified
and appraised. Seconded by Mr. Perez. Motion PASSED by
unanimous roll call vote.
2. LL-80-002. A request for lease of a portion of Tract "A",
Bells Flats Subdivision (Proposed resubdivision lot 1, block 1,
Bells Flats Alaska Subdivision.) (KEA)
STAFF REPORT: 1r. Pugh read the memorandum from Mr. Dale Tubbs.
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KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES
Regular Meeting, June 18, 1980
Page 6
Discussion among Commissioners.
Mrs. Crowe moved to grant a request for lease of a portion
of Tract n8*, Bells Flats Subdivision (Proposed resubdivision
lot 1, block 1, Bells Flats Alaska Subdivision) and enter into
a negotiated lease with the stipulation that KEA bear all
costs. Seconded by Mr. Ball. Motion PASSED by unanimous
roll call vote.
B. OTHER
1. Kodiak Island Borough Capital Improvements Plan - Five Year
Program.
Mr. Pugh read a memorandum from gr. Harry Milligan regarding
the plan,
Mrs. Crowe moved to pass the Kodiak Island Borough Caoital
Improvements Plan - Five Year Program on to the Kodiak Island
Borough Assembly for their approval. Seconded by Mr. Hill.
Motion PASSED by unanimous roll call vote.
2. 0-80-003. A request for access easement west of lots 1 and 2,
Russian Creek Alaska Subdivision. (David J. King)
STAFF REPORT: Mr. Pugh presented the staff report based on a
memorandum prepared by the Planning Depdrt0ent,
Mrs. Crowe moved-to approve the request for access easement west
of lots 1 and 2, Russian Creek Alaska Subdivision with conditions
as described in the staff report No. 1, .2 and 3 and a copy to
. be forwarded to the Borough Attorney and Ir. Dale Tubbs before
being forwarded to the Kodiak Island Borough Assembly. Seconded
by Mr. Perez. Motion PASSED by unanimous roll call vote.
IX. INFORMATION AND REPORTS
A. COMMUNICATIONS-�
1. S-80-005. Proposed preliminary subdivision plat of Lakeview
Subdivision. (Lenhart Grothe)
Mr' Pugh summarized the history of the case, closed the regular
meeting and opened public hearing with the request that testimony
be limited to issues at hand.
Mrs. Carol Lechner stated that City Ordinance 405 was approved
in 1973 "setting down building heights allowable with regards to
the Municipal Airp0r-L As Mr, Grothe purchased this property
in 1978, he should have known that all the lots were not
buildable. She also feels that the off-street parking ordinance ,
passed May 1st could create. problems with this area as there is *
parking congestion on Larch Street already. Also there is a
discrepancy in the Borough records and Comprehensive Plan with
regards to rezoning this area. The city objects to development
of this property on the basis of 1) the depth of lots, 2)-off- •
street parking, and 3) it violates the approach zone.
Mr' Jack Bunting, the FAA designated accident prevention specialist
spoke against the reQUest. He feels there is d prOblBm with
safety as the development of this area would conflict with the
designated city and federally recognized glide slope. An
alternate float plane facility should be provided' if this .
request goes through.
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KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES
Regular Meeting, July 16, 1980
Page 8
zoning with the following eight restrictions; 1) bars, 2) trailer .
court, 3) theater, 4) apartment complex, 5) shopping center, 6) mall,
7) restaurants, and 8) auto repair shop, from residential to
business. Seconded by Mr. Erwin. Motion PASSED with a 4-1 vote.
Mr. Pugh, Mr. Erwin, Mr. Perez and Mr. Ball voted yes; Mrs. Crowe
voted no.
Mr. Erwin made a motion to recommend to the Borough Assembly to
amend the Comprehensive Land Use Plan from medium density residential
to business on lots 43-53, block 12, Aleutian-Homes Subdivision.
Seconded by Mr. Perez. Motion PASSED with a 4-1 roll call vote.
Mr. Pugh, Mr. Erwin, Mr. Perez and Mr. Ball voted yes; Mrs. Crowe
voted no.
2. Z-80-020. A request to rezone lots 7-18, block 2, USS 3219 from
rural residential to business. (Scott Arndt)
AND
Z-80-021. A request for an amendment to the Comprehensive Land
Use Plan from medium density residential to business on lots 7-18,
block 2, USS 3219. (Scott Arndt)
Mr. Pugh read the memorandum regarding the work session held on
July 9, 1980 and the list of proposed uses not wanted and the
proposed uses and buildings desired.
Mr. Erwin moved to remove cases Z-80-020 and Z-80-021 from the
table for discussion. Seconded by Mr. Perez. Motion PASSED by
unanimous roll call vote.
Mrs. Crowe feels Mr. Arndt has gone out of his way to be above
board on this issue, but she still feels the Commission would be
doing that area a disservice to rezone to business.
Mr. Erwin moved to approve the request to rezone lots 7-18, block 2,-
USS 3219 from rural residential to business with the restrictions .
listed by Mr. Arndt, not to build 1) mobile home parks, 2)-liquor..:.
store, 3) bars, 4) churches, 5) crab pot storage, 6) junk yard,
7) gambling hall, 8) private clubs or lodges, 9) automobile repair
shop, 10) apartment buildings., 11) theater, and 12) bowling
Seconded by Mr. Perez. Motion passed by a 4-1 roll call vote::-. --"
Mr. Pugh, Mr. Erwin, Mr. Perez and Mr. Ball voted yes; Mrs. Crowe
voted no.
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Mr. Perez moved to grant a request for an amendment to the Com-
prehensive Land Use Plan from medium density residential to
business on lots 7-18, block 2, USS 3219. Seconded by Mr. Erwin.
Motion PASSED by a 4-1 vote. Mr. Pugh, Mr. Erwin, Mr. Perez and
Mr. Ball voted yes; Mrs. Crowe voted no. • •„
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S-80-003. A request to vacate lots 14A, 14B, 14C, and 14D, block 7,
Bells Flats Alaska Subdivision and replat to five lots (14A-1,
14C-1, 140-1, 140-2, 14D-3) varying from approximately 0.95 acre
to 2.74 acres each. (Jeffrey R. Povelite)
STAFF REPORT: Mr. Pugh presented the staff report based on a
memorandum prepared by the Engineering Department.
Discussion among Commissioners.
Mrs. Crowe moved to grant approval to the vacation of lots 14A,
14B, 14C, and 14D, block 7, Bells Flats Alaska Subdivision and - •
replat to five lots (14A-1, 14C-1, 140-1, 14D-2, 14D-3) varying
from approximately 0.95 acre to 2.74 acres each with the stipulation
that the plat not be recorded until the improvements are completed
in accordance with chapter 16.24 of the Kodiak Island Borough -
Code of Ordinances as amended by Ordinance 80-25-0 dated July 2, 1980.
Seconded by Mr. Perez. Motion PASSED by unanimous roll call vote.
KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES
Regular Meeting, August 20', 1980
Page 2
Plan overlay of mobile home park being the most reasonable use of the
land. .
Andy Ozols, Vice - President, St. Paul Lutheran Church, spoke in behalf
of the Church which owns property in the near vicinity, on the other
side of Rezanoff. Mr. Ozols stated that the congregation was opposed
to the rezoning request and would like the area to remain residential.
He expressed the feelings that the proximity to the hospital, town and
schools made the area better suited to residential. In response to
questions by the Commission, Mr. Ozols stated the Church had already
been approached for Day Care Center activities, and that their Church
also conducted other meetings and activities during the day time, other
than just their Sunday services. Therefore, they felt residential was
a better use for the area in question.
Hearing no further comments from the audience, Chairman Pugh closed the
public hearing and reopened the regular meeting.
Mrs. Crowe read a letter for the record received from Oluf and Celestine
Omlid, in opposition to case numbers Z -80 -028, Z -80 -027, Z -80 -031, and
Z -80 -032.
Mrs. Crowe stated for the record that she was opposed to these rezoning
requests for the following reasons: 1) no developed roads in the area;
2) surrounding land is primarily rural-residential and R -3; 3) proximity
to schools, should remain residential; and 4) very few other areas
classified for mobile home park use.
Mr. Perez stated that there were no utilities in the area and it would
be a long time before development would happen. Regarding Lot 5, Block 1,
he stated that nearly 7/8 of the lot was unservable due to the mesh in
the ground for the radio antenna.
Mr. Ball moved to approve the requests to rezone Lots 3 and 4, Block 2,
(Z- 80- 032),Lot 4, Block 1, (Z -80- 027), and Lot 5, Block 1, Kadiak Alaska.
Subdivision, First Addition (Z -80 -016) from R -3 to industrial. Mr. Hill
seconded the motion. Motion FAILED by unanimous roll call vote.
Mrs. Crowe moved to amend the Comprehensive Land Use Plan affecting
Lots 3 and 4, Block 2 (Z -80 -031), Lot 4, Block 1, (Z -80 -028), and
Lot 5, Block 1, Kadiak Alaska Subdivision, First Addition (Z -80 -019)
from mobile home courts to industrial. Mr. Ball seconded the motion.
Motion FAILED by unanimous roll call vote.
5; Z -80 -030. A request for an exception on. Lot 5, Block 3, Bells Flats.
Alaska Subdivision to permit the construction, operation and maintenance
of an electrical power substation. (KEA)
Chairman Pugh read the letter from KEA to the Planning and Zoning Com-
mission dated June 30, 1980, into the record.
Mr. Beck questioned Mr. Ed Kozak, KEA, as to their plan to utilize the
lot, -in particular, did KEA plan to have a buffer zone, link fence, and
did they give consideration to aesthetic and environmental concerns.
Mr. Kozak responded positively to Mr. Beck's questions, stating that KEA
was bound by safety codes to install a fence. He further stated that
the property had a 30' nob on one side which was planned as a buffer area
and that they would also leave a buffer area along the front of the lot
so that the substation would be partially hidden from the road and would
be pleasing to look at.
Chairman Pugh closed the regular meeting and opened the public hearing.
Mr. Kozak briefly presented the concept of the the Terror Lake Hydro-
KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES
Regular Meeting, August 20, 1980
Page 3
electric Project, pointing out that a transmittion line and sub-
station is needed to provide better service to the Russian Creek/
Bells Flats area. The particular lot chosen allows for the best
location of intersection of the transmittion line and substation.
Mr. Kozak provided pictures of other substations so that the Commission
would have an idea of what a substation looked like. He stated that
KEA anticipated approximately 100' x 100' square area would be required
for the substation building. He further stated that it was KEA's policy
to leave as much of a buffer area as possible around the substation.
Hearing no other public comments, Chairman Pugh closed the Public Hearing
and reopened the regular meeting.
Mrs. Crowe moved to grant the request for an exception on Lot 5, Block 3,
Bells Flats Alaska Subdivision to permit the construction, operation and
maintenance of an electrical power substation for Kodiak Electric
Association as supportive of the need to provide services to the Bells
Flats residents and to further benefit the community. Mr. Ball seconded
the motion. Motion PASSED by unanmious roll call vote.
B. SUBDIVISIONS - None
C. OTHER - None
VII. OLD BUSINESS
1. Z-80-019. A request for an amendment to the Comprehensive Land Use
Plan affecting Lot 5, Block 1, Kadiak Alaska Subdivision, First Addition
from mobile home courts to industrial. (Bulen) This item was considered
by the Commission under Public Hearings - Zoning.
2. Z-80-016. A request to rezone Lot 5, Block 1, Kadiak Alaska Subdivision,
First Addition from R-3 to industrial. (Bulen) This item was considered
by the Commission under Public Hearings - Zoning.
3. Z-80-023. Proposed street name changes within the Kodiak Island Borough.
(Planning and Zoning Commission). Chairman Pugh briefly summarized theA:,.;-,-,
background of the proposed street name changes stating that many names
are duplicated or similar sounding and often confuse people.
Chairman Pugh closed the regular meeting and opened the public hearing.
Ed Kozak stated that he felt the subject matter was very much needed. As
a representative of a utility company, better naming of streets and addresses
would help them in responding more accurately to problems. Mr. Kozak '
suggested that a zoning map update was also needed. Staff responded that,
it was currently being done.
Ann Moen stated that she felt it would be confusing to drop the name
of Benson Avenue and rename Cutoff to Benson.
Discussions continued between the Commission and audience stating that
there was no such thing as Upper Mill Bay Road, it was confusing that
Benson becomes Rezanoff, Tagura and Marine Way -- difficult to determine'
where one ends and the other begins, and Shelikof is often referred to
by other titles such as City Dock Road, etc.
Letter from Ann Prongay-Evans was read for the record, stating that she
suggested that Island Circle located in Island Vista Subdivision be renamed to
Forest Drive as the road was not a circle and the area is well wooded.
KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION 'IINUTES
Regular Meeting, Seotember 17, 1980
Page 6
Lot 14A, USS 3098, into two lots (Lot 14A -1 of 8,075 sq.'ft. and
Lot 14A -2 of 57,269 sq. ft.) with the following two stipulations:
1) on vicinity map, change designation of 10th Avenue to 12th Avenue;
and 2) provide utility easements on lot lines (per Mr. Crowe's
recommendations, memo of September 15, 1980). Mr. Perez seconded
the motion. Motion PASSED by unanimous roll call vote.
C. OTHER
1. Proposed adoption of three (3) Official Updated Zoning Maps:
(a) Overall Kodiak Island Borough Map (Map #1)
(b) Kodiak Urban Area Zoning Map (Map #2)
(c) Bells Flats /Russian Creek Zoning Map (Map #3).
Mr. Pugh recessed the meeting to allow staff to put up the referenced
maps.
Meeting was recalled to order by Mr. Pugh..:
Mr. Crowe advised the Commission that the Overall Kodiak Island
Borough Map was officially referred to as Map #1, the Kodiak Urban
area Zoning Map was Map #2, and the Bells Flats /Russian Creek Zoning
Map was Map #3.
1r. Pugh asked what was being done about village maps.
Mr. Crowe responded that he intends to update the village zoning maps
also, as time allows. Further, he plans to annually update the maps
considered for adoption as it would save much time and effort.
Ann Moen summarized the background to updating these zoning maps.
She stated that the Engineering Department started with the 1965 official
zoning map and researched every ordinance starting with day one. The
first zoning change was in 1965. They started with the most recent
zoning ordinance and worked backwards to produce the current updated
zoning maps.
Mr. Crowe stated that the adoption of these zoning maps will not change`''
any zoning, it just brings the maps up to date with zoning ordinances
already adopted (through Ordinance 80 -31 -0 of June 5, 1980, on zoning,
and through plat #80 -10 on subdivisions). The Bells Flats /Russian
Creek Zoning Map did not involve changes in zoning but does reflect
subdivision changes (there were no zoning changes in that area).
Mr. Ball asked how long the project took to accomplish.
Mr. Crowe responded that it took two solid weeks, weekends and some
long nights. sAn annual update would probably take approximately two
days.
Mr. Pugh closed the regular meeting and opened the public hearing.
Lacking public comments, public hearing was closed and regular meeting
reopened.
Mr. Crowe stated that the proper street names would be added to the maps
as they were adopted.
Mr. Baker stated that in June -July, 1979 KEA went back and plotted
in all the recorded subdivisions at that point and found that there were;_
a great number of corrections then.
Mr. Crowe stated that he went back about four years on the subdivisions
to bring it up.to date.
The Commission asked Mr. Crowe how long it would take to completely
KODIAK ISLAND.BOROUGH PLANNING AND ZONING COMMISSION MINUTES
Regular Meeting, September 17, 1980 -
Page 7
draw up new maps showing all the correct subdivision information.
Mr. Crowe responded that it would take approximately 4-5 months
to accomplish such a task.
Mr. Gordon stated that several years ago there was an outfit that
wanted to do the whole island for about $6,000. They were going
to do it in townships, broken down by sections and lots, putting it
in book form.
The Commission decided this topic could be considered at a work session.
Mrs. Crowe moved to adopt the three (3) Official Updated Zoning Maps desig-
nated as Map #1 - Overall Kodiak Island Borough Map; Map #2 - Kodiak
Urban Area Zoning Map; and Map #3 - Bells Flats/Russian Creek Zoning
Map and that a resolution recommending same go to the Borough Assembly
and when the proposed street names have been adopted by both governmental
bodies (City and Borough) the names be included. Mr-. Hill seconded the
motion. Motion PASSED by unanimous roll call vote.
Mr. Ball moved that a resolution go to the Borough Assembly recommending
that the zoning maps be updated annually. Mr. Hill seconded the motion.
Motion PASSED by unanimous roll call vote.
VII. OLD BUSINESS
1. S-80-010. (Final) Proposed subdivision of Tract A, Bells Flats Alaska
Subdivision (USS 2539) (Kodiak Island Borough Assembly).
Mr. Pugh advised the Commission that the Bells Flats Planning Cornrnittee
had completed their review of the subject area. The Secretary will
be sending copies of the report to the Commission members also, since
they had not received copies. The Mayor has not had the opportunity
to respond to the requests made by that committee yet. The Mayor
and Borough Assembly would be reviewing same on Saturday, September 20th.
Mr. Mathes spoke to the Commission objecting to granting any finaLapproval
of the proposed subdivisions in the Bells Flats/Russian Creek area
until the Borough Assembly acted on the Bells Flats Planning Committee,
recommendations. He felt that the Planning and Zoning Commission was
making its mind up before the owner (Kodiak Island Borough) had made its
mind up as to what they (the Assembly) were going to do with the land.
Mr. Pugh stated that the Borough Assembly had deferred action on the
land sale till their October meeting, waiting for these subdivisions to:
be approved. The subdivisions have to be approved by P & Z before they
can be included in the land sale. If the Assembly wanted to change
the subdivisions thus creating a delay in the land sale, it was up to .
them. In order for the Assembly to make any decision they first need
to have a legal description. The subdivisions in question have already
been before P & Z for preliminary approval and all stipulations have
been adhered to in preparation Of the final plats, therefore, the
Commission cannot deny approval of same.
Mr. Perez asked what the time table schedule on the land sale was.
Mr. Mathes stated that the Assembly was not going to do the sale by
October.
Mr. Crowe responded that the matter would be before the Assembly for
their consideration at their October meeting. Pending the Assembly
decision, approximately 60 days would be required to prepare the
land sale brochure and prepare for the sale itself.
04441,4•,g--.':;;;;;&:44.?"
.KODIAK ISLAyD.BOWlUGH PLANNING AND ZONING COMMISSION MINUTES
Regular Meeting, September 17, 1980
Page 8
Mr. Pugh suggested to Mr. Mathes that he approach the Borough
Assembly with his concerns, and if they want the subdivisions
to come back to P & Z in their platted C0nditiUDS,then the Commission
would consider their requests if so directed.
Mr. Perez moved to grant final approval of the subdivision of Tract A,
Bells Flats Alaska Subdivision (USS 2539) with the following
four conditions: 1) commitment from the Borough Assembly to relocate
Sargent Creek Road to its revised location adjacent to Tract D, and
Lot 4, Block 2; plans to be Prepared by Engineering Department as
soon as field data is obtained by Surveyor; 2) Russian Creek Road
between Blocks 3 and 4 be changed to Bells Flats Road; 3\ ddditiUnal
10-fOOt utility easement to be placed along the rear line of Tract E;
and 4) D0DQm8DtatiOD of all corners to be completed. Mr. Ball seconded
the motion. Motion PASSED by unanimous roll Call V0t2,
2 5-80-011.. (Final) Proposed subdivision Of Tract C, Russian Creek
Alaska Subdivision (Tracts C-1, C-2, and C-3); proposed vacation of
Tract A, and B, Russian Loop Road, Tracts G, H, I, J, and A.S.L.S. 72-71,
and replat to Tracts A-1, A-2, A-3, A-4, A-5, A-6, and Lots 1-14, 15A,
158, 15C, and 15-23, Block 3, Russian Creek Alaska Subdivision (USS 2539)
(Kodiak Island Borough Assembly).
Mr. Ball moved to grant final approval on the vacation of Tracts A, B,
C, G, H, I, and J, Russian Creek Alaska Subdivision, and ASLS 72-11;
and replat to Lots A-1 through A-6, Lots C-1, C-2, and C-3, and Lots 1 :
through 25, Block 1, Russian Creek Alaska Subdivision, with th2 following
three conditions: 1) commitment by the Borough--\S5embly to construct
Cottonwood Circle; plans to be prepared by Engineering Department
as soon as field data is obtained by Surveyor; 2) review by utility
companies for adequacy of utility easements; and 3) m0OUm2Otdtion of all
lot corners.. Motion was seconded by Mr. Perez. Motion PASSED by
unanimous roll call vote.
Mr. Crowe directed the attention of the Commission to the fact that
the final subdivision plat, which incorpOrated the changes stipulated '
in P & Z Resolution 3-80-011, renumbered snmSots, in particular,
Lots 15A, 15B, 15C of Blo�ck 3 are now referred - lto as included in Lot�`���`
through 25, Block 1, Russian Creek Alaska SUbdiVisioO,
3. S-80-0l2' (Final) Proposed subdivision of Lot 3, Russian Creek Alaska'
Subdivision (Lots 3A, 3B, 3C); proposed vacation of Lot 18, portion of
Noch Drive, and Lots 20, 21, 22, 23, and 24A, Russian Creek Alaska
Subdivision and replat to Lots 1-8, Block 1, and Lots 1-10, Block 2,,
Russian Creek Alaska Subdivision (USS 2539) (Kodiak Island Borough Assembly)
•
Mr. Ball moved to grant final approval to the vacation of Lots 3, 18,
20, 21, 22, 23, and 24A, Russian Creek Alaska Subdivision, USS 2539;'''
and replat to Lots 3A, 3B, and 3C of Russian Creek Alaska Subdivision,
and Lots 1-7, Block 2, and Lots 1-11, Block 3, Russian Creek Alaska
Subdivision, USS 2539 with the following conditions: l\'Cnm0it0ent ' �
from Borough Assembly to construct Willow Circle; plans to be prepared
b` Engineering Department as soon as field data is obtained by Surveyor;
2) review by utility companies for adequacy of utility easements; 3)
drafting additions and corrections: (a) indicate the vacation of a portion
Of Noch Circle through Lots 9 and 10, Block 3, and re-naming the re-
maiDder of Noch Circle as "Noch Drive"; (b) completion of dimensioning
of all lots, adding courses, bearings, distances, curve data and lot
area of each lot' where not sh0wn' , 4) monumentation of all corners to be
,
completed. Mr. Hill seconded the motion. Motion PASSED by unanimous
roll call vote.
4, Z-80-023. Proposed street name changes within t' .Kodiak Island Borough
(Planning and Zoning Commission).
KODIAK ISLAND:80ROUGH PLANNING AND ZONING COMMISSION MINUTES
Regular Meeting, September 17, 1980
Page 11
Mr. Ball asked when these funds had to be used by?
Mr. Beck stated that the report was to be filed by June 30th.
Mrs. Crowe suggested that the subject matter be gotten together
and presented at a work session.
The Commission expressed their feelings that they had been through
the process of recommending adoption of a comprehensive plan, and
had already invested much time and effort on their part to accomplish
same.
XI. AUDIENCE COMMENTS (Continued from earlier in meeting)
Mr. Burt Dolerheight of Glacier State Telephone, stated that
he had been talking to a lot of Bells Flats area people regarding
telephones and the addresses in that area are a BIG problem. He
requested that the Borough establish a house numbering system in
the Bells Flats/Russian Creek area.
Mr. Ball moved to direct the Borough Planner. to inaugurate a numbering
system in the Bells Flats/Russian Creek area due to increase of
population and the inconvenience of utility companies. Mr. Perez
seconded the motion. Motion PASSED by unanimous roll call vote.
Mr. Ken Sikora asked the Commission what the definition was for
"light" and "heavy" industrial use?
Mr. Ball stated that he considered "heavy" industrial use to be
like that in Bells Flats with Brechan's asphalt plant and gravel
extraction.
The Commission reiterated that the Comprehensive Plan is in limbo,
the new plan did outline differences between light and heavy industry.
If industrial use was established on a lot tomorrow and the area was
rezoned thereafter to another use, the industrial use would be allowed
to continue as a non-conforming use.
• - ••fs. •N'P
Mr. Don Baker stated that he recognized the concerns of the Bells Fiats
Committee and suggested that the appropriate action to take is to, .,
approach the people running for election as these people might well
be making decisions that will affect that area Talk to the Assembly
members. Bring the subject matter to the forefront of the Assembly
and force the issue.
XII. ADJOURNMENT
Mr. Pugh adjourned the meeting at 10:26 p.m.
PASSED AND APPROVED this 22nd day of October
ATTEST:
7'
Planning 80.2
g Secretary
KODIAK ISLAND BOROUGH
PLANNING AND Z,NING COMMISSION
BY
Cha man
, 1980.
KODIAK ISLAND BOROUGH PL ING AND ZONING COMMISSION MINU
Regular meeting of November 19, 1980
Page 3
Discussion on home occupation rules and parking area.
Mrs. Crowe closed the regular meeting and opened the public hearing.
Mrs. Olsen came to explain the reason she applied for a special exception. Mr.
Beck told her a special exception was needed so she applied for one. Has been
cutting hair in her home for many years. Has a state license. Is not charging
presently but would like to do so, no advertising, and only cuts hair for
special people (friends).
Mrs. Huey neighbor has no objection to the request feels there will be no increase
in traffic and feels Mrs. Olsen has adequate parking.
Sharon Gray against this request as she is also a licensed beauty operator and
she feels Mrs. Olsen should work downtown like everyone else.
Mr. Olsen is in favor of this request. Does not want to take away business from
Mrs. Gray or any other beauty operator. Hildur will only be doing this hair cutting
part time. No advertising, no signs only friends.
Mrs. Moen (Citizen) read Ordinance section 17.18.010 section 3 "Home Occuptation"
subsection B which states under R-2 zoning this is an allowed use.
Mrs. Gray is concerned with additional traffic problems.
Mrs. Crowe closed the public hearing and reopened the regular meeting.
Mr. Hill nothing the commission can do to stop this request as it is allowed in
Title 17 and Mrs. Olsen has adequate parking.
Discussion on why this request.was before us.
Mrs. Jones explained that Mr. Beck had directed her to put it on the agenda for
a public hearing and Mrs. Jones stated that it was not necessary to go before the
Commission as it was an allowed use under Title 17.
Mr. Hill moved to grant a request for a home occupation to put a hair cutting
business in a home on lot 6, block 7, Baranof Heights Subdivision and that the -
parking is in compliance. Seconded by Mr. Ball. Motion PASSED with a 5-1 vote
Mr. Ramaglia, Mrs. Crowe, Ms. Walser, Mr Hill and Mr. Ball voted YES and
Briggs voted NO.
Mr. Ball called for a five (5) minute recess. The meeting was reconvened at 9:00.
B. SUBDIVISIONS
1. S-80-017. (Preliminary). Subdivision of lot 3, block 6, Bells Flats Alaska
Subdivision (USS 2539) into two (2) lots, lots 3A and 3B, block 6 of approximately
1.04 acres each. (Lynn Wanzak)
STAFF REPORT: Mr. Crowe stated nothing additional to the memorandum that was in
the packet.
Ms. Walser questioned the powerlin'es why not on the plat.
Mr. Crowe explained that has to be shown on the final plat.
Mrs. Crowe closed the regular meeting and opened the public hearing. Hearing no
comments Mrs. Crowe closed the public hearing and reopened the regular meeting.
Mr. Briggs moved to approve preliminary approval to the subdivision of lot 3,
block 6, Bells Flats Alaska Subdivision (USS 2539) into two (2) lots, lots 3A.
and 3B, block 6, of approximately 1.04 acres each with the stipulations pointed
out by Mr. Crowe (1) inclusion on plat of location of existing power and telephone
utilities. and (2) monumentation of lot corners prior to submission of final
plat. Seconded by Ms. Walser. Motion PASSED by unanimous roll call vote.
KODIAK ISLAND BOROUGH PL [NG AND ZONING COMMISSION MINU
- ,- January 21, 1981 rescheduled to January 28, 1981
Page 4
Mr. Ramaglia is not real clear on what the grandfather clause is for, my under-
standing is that it is to clear the slate and start over.
Mr. Hill in the past the courts have upheld a certain amount of upgrading
and our attorney would back this however, not substantial upgradina. In this case
there is only a small amount of upgrading, does not feel that it is substantial
upgrading issue. This should probably remain under the grandfathering clause.
Mrs. Crowe read the opinion from Mr. Garnett and Rhodes, Norman and Mahoney on
grandfathering. Does not feel that the variance answers the four criteria needed
to grant a variance to Mr. Knutzen and as we discussed earlier I think our way
is to, if we grant the variance then we are saying okay its also okay for all R/V
trailers to be used as housing on a year round basis in going over our trailer
ordinances this is not something we want to happen. We would like to define R/V
trailers and trailers further. Would suggest turning down the variance and make
an interpretation of the grandfathering by possibly if it is the wish of the
majority of the Commission to allow this trailer to stay Mr. Knutzen will have to
come in for a building permit and come into conformance with the Ordinances and at
that time the questions of the septic system will have to be answered before the
building permit.can be issued.
Mr. Ball you are saying that if we turn the variance down we still say the
trailer is permitted under the grandfather clause.
Mrs. Crowe yes, as it is not substantial upgrading.
Discussion between the commission on what they could do with this case.
Mr. Ball called for a five minute recess. Seconded by Mrs. Walser. Motion
PASSED by unanimous voice vote.
Mr. Ball moved to grant a request for a variance to permit an R/V trailer to be
used as a permanent year round dwelling and a variance from section 17.42.050
"Building Erection" to allow one (1) main dwelling on a lot on lot 16, USS 3101.
Seconded by Mr. Hill. Motion FAILED by unanimous roll call vote.
Mr. Hill in the past courts have upheld a certain amount of upgrading not substan-
tial and that Mr. Knutzen has made on a certain amount of upgrading and according
to this I move to have this remain under the interpretation of the grandfather
rights with the stipulation that Mr. Knutzen must have a building permit with the
approval of Mr. Brighton and this must be accomplished within 90 days or the'..
• Borough will begin legal action. Seconded by Mrs. Walser. Motion PASSED by •
unanimous roll call vote.
B. SUBDIVISIONS - None
C. OTHER - None
VII. OLD BUSINESS
A. ZONING
1. Z-79-018. A request to permit a 15' rear year encroachment variance. (Chris
Magnussen)
Mrs. Crowe gave a brief history of the case. The Planning Commission granted
this variance in May of 1979 and since construction was not started within six
months the variance has run out.
Mr. Hill moved to renew a variance for Chris Magnussen from the May.-8, 1979
Planning Commission meeting that the variance be granted to lot 2B, block 2
USS 2843 to permit a 15' rear yard encroachment this is allowed under Section
17.66.170. Seconded by Mr. Ramaglia. Motion PASSED by unanimous roll call vote.
B. SUBDIVISIONS
1. S-446-A. the subdivision of lot 2, block 3, Bells Flats Alaska Subdivision.
(Fred Greer)
KOniAk-ISLAND BOROUGH-PLP'7NG AND ZONING COMMISSION MINUTLI •
- -January 21, 1981 rescliedi i to January 28, 1981
Page 5
. • .
•
Mrs. Crowe first-order would be to move to reconsider this case. From May 18, 1977.
Subdivision was approved in May 1977 with the stipulation that the State Sanitarian
review and comment on this case. Nothing was ever done as the records were
thrown away. Letter was sent to Mr. Brighton on the 13th of November and he return-
ed a letter with no objection. But then on a phone conversation Mr. Brighton
said that he did have a problem with it but when he was asked to send a letter
withdrawing the original letter no letter is forthcoming.
Mrs. Walser Mr. Greer came to my house tonight, he is ill, basically he is angry
with the situation. But now there are two property owners on the two lots,
everything is being held up and he cannot close any deals or sell the lots. Is
obviously for the subdivision. Do we have to hold another public hearing?
Mrs. Crowe No we do not.
Mrs. Walser should I not vote on this case.
Mrs. Crowe you should be allowed as you will not be gaining anything by granting
or turning down.
Mr. Ramaglia just making sure he understood that Mr. Brighton did not send a
letter in writing to withdraw his letter of nonobjection.
Mr. Hill didn't we agree that it is up to the property owner to do the septic
and what it will cost not the Sanitarians. Lot 2A is on the hill.
Discussion on septic system.
Mr. Ball moved to reconsider the Ma. 18, 1977 decision of the Plannin.
and Zoning Commission for the subdivision of lot 2, block 3, Bells Flats Alaska
Subdivision into three lots varying from 48,759 square feet to 40,139 square feet.
Seconded by Mrs. Walser. Motion PASSED by unanimous roll call vote.
Mr. Ball moved to grant final approval to the subdivision of lot 2, block 3, Bells
Flats Alaska Subdivision into three lots varying from 48,759 square feet to
40,139 square feet each. Seconded by Mr. Hill. Motion PASSED by unanimous roll
call vote.
2. S-80-016. A request to subdivide lot 1, block 1, Holland Acres First Addition
USS 3218 into lots 1A, and 1B. (Tim Johnson), s.'
Mr. Hill moved to grant final approval for a request to subdivide lot 1, block 1,
Holland Acres First Addition USS 3218 into lots 1A, and 1B. Seconded by Mr.
Ramaglia. Motion PASSED by unanimous roll call vote.
VIII. NEW BUSINESS
A. ZONING - None
B. SUBDIVISIONS - None .
C. OTHER
1. 0-80-007. A request for a grazing lease on USS-2730, lots 2, 3, 10 & 11. (John
M.G. Brown)
Discussion on fees for leases.
Mr. Ramaglia Isn't this the one that the applicant does not tell what he is
going to be grazing.
Mrs. Crowe yes
Mr. Hill do we have to know what the person is leasing?
Mrs. Crowe that is one of Mr. Tubbs' points, as light grazing would have little
impact on the land. Heavy grazing could be determental to the land.
Mr. Ball does not feel that the land could be over grazed.
FEBRUARY 18, 1981
Page 4
^``'^���^�`
Mrs. Crowe gave a brief history on the cOse. More people have joined in on
the rezoning and it makes the area to be rezoned 2.83 acres.
Mr. Ramaglia would like to state for the record that the Comprehensive Plan
shows this as medium residential which would allow for R-2 use.
Mrs. Jones 18 names were withdrawn from the petition passed around from
Mr. Chandler on December 14.
Mrs. Crowe do you remember the exact number on the petition?
Mrs' Jones 40
Mrs. Crowe so almost half have withdrawn their names. My comments on this
would be that I think all bUtOne ofthe lots has been deYelO`ed and half of
those lots at least are already used as duplexes the other half have R-1
Or single family dwellings on them at this time. The duplexes that are in
there presently enter or exit off of Mission Road so by rezoning this to R-2
we would only be impacting the area with one more duplex on that street. The
others that are under this petition enter/exit from the cut off road or possibl
they could get to one piece from Rezanoff.
Mr. Ramaglia didn't we determine at the last meeting if duplexes were put on
all of the lots that there would only be four more residents in the area.
Mr. Briggs actually there would be an addition of three families.
Mr. Ball there would only be 22 names left on the petition how many are
actual owners in that area?
Mrs. Crowe T know of two people who do no live within the area. Ruth
St Clair,
Mr. Hill suggested that the last paragraph of Mr. Beehler's letter dated
November 3, 1980 be changed to read in rezoning these lots to R-2 it wOUld .
allow the continued use of our property for the same use that it was purchased
for and it would also be inkeeping of the R-2 requirements' Only for clarific-
ation.
Mr. Ramaglia moved to grant the rezoning of lots 1A, 1B, 1C, block 1, Emmons
Addition and lots 1, 2A, 2B, 3A and 3B, block 2, Emmons Addition and lots 16A1
and 16B USS 3099 from rural residential to R-2'' Seconded by Mrs. Walser. .,
Motion PASSED by unanimous roll call vote.
B. SUBDIVISIONS - None •
C. OTHER - None
VIII. NEW BUSINESS.
A. .ZONING - None
B. SUBDIVISIONS - None
C. OTHER
1. 0-81-001' Bells Flats Gravel Site Development and lease agreement.
Mrs. Crowe with the permission of the rest of the Commission I will entertain
a motion to table this we'll ask the Borough Engineer under staff comment
if he has any additional comments or updating that he may have on this project
that we have underway for several months DVm. We take it up with the Assembly
at our joint work session on February 25.
Mr. Ramaglia moved to table action on the Bells Flats Gravel Site Development
and lease agreement. Seconded by Mr. Hill. Put on a work session. Motion
PASSED by unanimous roll call vote.
KODIAK ISLAND BOROU. PLANNING AND ZONING COMMISSION NUTES
FEBRUARY 18, 1981
PAGE 7
IX INFORMATION AND REPORTS
A. Communications
1. Work Program 1981 -1982
2. Draw to the attention of the Planning Commission of a resoultion submitted
by the Bells Flats Road Commission which reads as follows:
RESOLUTION .
WHEREAS, under Borough Ordinance, the 3011' Flats Road Commission
• is responsible for the mainlainNnce and upgrading of the roads
in Bell's Flats; and -
WHEREAS, in accordance with Alaska State Statutes, Title 29,
Subsection 29.33.090(b)(6), provides for adoption of zoning
powers of the Borough for the sysie.matic development of trans-
portation; and
WHEREAS, Title 29 of the Alaska Stale Statutes, Chapter 33,
Article 4, Subsection 29.330.80(h)(1) requires the Planning
and Zocring Commission to prepare and recommend for adoption by
the Kodiak Island Borough Assembly a Comprehensive
WHEREAS, in in accordance with Alaska State Statues, Title 29,
Subsection 29.33.085(b), the Kodiak Island Borough Assembly is
required to adopt a Comprehensive plan for Bell's Flats. -
NOW THEREFORE, be it resolved that the Bell's Flats Advisory
Board requests that the Planning and Zoning Commission ofi the-
Kodiak Island Borough and the Kodiak Island Borough Assembly-,-f
develop develop and adopt a comprehensive plan for the systematic
development of Bell's Flats:`: .
BE IT FURTHER RESOLVED that compliance with Title 29,
State Statutes shall preceed any rezoning and /or sale
owned land in Bell's Flats:..-
Alaska.
of public)
ADOPTED FEBRUARY II, 1931
BELL's FLATS /RUSSIAN CREEK SERVICE AREA ADVISORY BOARD.
C
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ENEN? f1NUEl ' ni� 1r RECEIVE7,
1n1
Mrs. Crowe feels that what the Bells Flats Road Commission is getting at is
that they would like to see a comprehensive plan sent from the Commission to
the Assembly and adopted before the Assembly proceeds'with any additional
sale or we proceed with any rezoning in that area.
Mrs. - Walser Back in September or October there was a meeting of the Bells
Flats residents-in regard to 'the land auction in December dealing with the
land on the north side of the Russian River. at that time the Borough was
pushing strongly for -the sale so alot of the residents were in question on
as to how it was being zoned.we had industrial mixed in with recreational and
there was talk of developing a school in one area. its all humble jumble. Not
alot got accomplished at the meeting just alot of hard feelings. I think what
the Bells Flats residents want to know where they stand. They want a compplan
to show the citizens out there this is how the Borough feels they should
develop the area. With a comprehensive plan this may help avoid any hassles.
Mr. Ball how long do you think it would take to come up with a comprehensive
plan for Bells Flats?
•
= . .
KODIAK ISLAND BOROU 'PLANNING-AND ZONING COMMISSION'
FEBRUARY 18, 1981
PAGE 8
Mrs. Walser probably about the next five to ten years.
Mr. Ball that's right.
Mrs. Crowe on the Planning Commission work program has the comprehensive
update on it. The Comprehensive plan is not a segment it is for the entire
Borough there is a plan and there is zoning for the whole borough. And I
think what they are doing is maybe asking for an update on this plan because
we would be incorrect I think to undertake a comprehensive plan just for the
Bells Flats area. Use the suggestions that we get to update the plan in
the future.
Mr. Hill did we or did we not withdraw the cul-de-sac that was all zoned
business.
Mrs. Crowe no the Assembly did.
Discussion on zoning in the Bells Flats Area.
The cul-de,sac area may be a good place to locate a city in the Bells Flats
area.
Discussion on cul-de-sac very long.
Mr. Herrnsteen what lots are you talking about?
Mr. Hill pointed them out. The Assembly asked that these lots be rezoned
to residential but the Commission felt the land should stay business.
Unorganized discussion about Bells Flats area.
N1r.. Hill with the CZM they are working together at a later date say 18 months
or'a. tle farther down the road it will be developing into a comprehensive
plan.
Mrs. Crowe we are working paralell with them. If we,could get a current one
adopted just so we could show the current changes.
Mr. Hill a quick area comp plan
•
- Mrs. Crowe it would be easier for people to get money that way“.--
Mrs. Walser is there a Bells Flats rep on CZM? .
Mr. Hill no
Mrs. Walser there is a person expressing interest
Mr. Ball it has to go to the Assembly..
Jessica Moss could we please move right along as some of us in the audience.,
would like to speak.
Mrs. Crowe someone from the street naming mess should be checking with the
city on what is going on.
Mr. Hill I check with the City at least twice a week. I was informed that
hopefully it will be resolved within six months.
Chairman's report Mrs. Crowe would like to remind everyone about the work
session with the Assembly is there anything special you would like to bring
up? Gravel leases, work program, how long leases are to be set up for, and
the Planning commission block work session until June.
Tim is the representative for March.
Engineering Department what is the status on the gravel leases. Mr. Crowe
the new lease was received today and you have copies. I was instructed this
•
KODIAK ISLAND BOROL PLANNING AND ZONING COMMISSION AUTES
March 18, 1981, reg_r meeting
Page 6
Mr. Gordon Peterson's started an "A" frame. I told them they needed to get
a sanitation permit before they could go any further on the house.
Mrs. Crowe the construction of the building has been stopped?
Mr. Gordon yes
Mrs. Crowe did you see the plans for this.Is it a home?
Mr. Gordon it is residence.
Mr. Gudenau was there a floor plan?
Mr. Gordon it has been so long since I have looked at it.yes there was.
Mrs. Crowe closed the regular meeting and opened the public hearing.
Mary Peterson is near business land already.Does not feel that it will conjest
traffic. I would put my real estate business there.
Mrs. Crowe if the land is zoned business you could use it for anything.
Mary Peterson I would be interested in zoning just for a real estate office.
There is not any way to do that is there?
Mr. Hodgins you could use it for a home occupation.
Discussion between Mr. Ball and Mrs. Peterson.
Mrs. Crowe 17.06.320 means an accessory use to a main building. Do you want to
live there?
Mary Peterson I do not want to live out there just have a real estate business.
Can I make the lot smaller?
Mrs. Crowe that would be considered spot zoning.
Mrs. Crowe closed the public hearing and reopened the regular meeting.
Mr. Ball if we rezone it she would be able to sell the lots.
Mrs. Crowe that is not our concern our concern is that we would be expanding the
business area. Melnitsa Lane has been used as a buffer zone for the end of the
business area, and to protect the residential area.
Discussion on business zoning.
Mr. Ramaglia moved to approve a rezoning of lots 4 & 7 , block 4, Miller Point
First Addition from rural residential to business. Seconded by Mr. Gudenau. Motio
FAILED by unanimous roll call vote for the following reasons: 1. expanding
business into a residential area, 2. outside the boundary set by the Planning
and Zoning Commission two (2) years ago and 3. does not comply with the Comprehen-
sive Land Use Plan.
4. Z-81-003. A request for a variance from Section 17.18.040 yard requirements
on lot 17C, block 14, Kodiak Townsite. (Rolland Jones)
STAFF REPORT: Mr. Walton presented the staff report based on a memorandum
prepared by the Planning Department.
Mrs. Crowe closed the regular meeting and opened the public hearing. Hearing
no comments Mrs. Crowe closed the public hearing and reopened the regular
meeting.
Mrs. Walser moved to grant a variance from Section 17.18.040 yard requirements on
lot 17C, block 14, Kodiak Townsite with the front yard being eight (8) feet
instead of the required twenty-five (25) feet. Seconded by Mr. Ball. Motion
PASSED by unanimous roll call vote.
B. SUBDIVISIONS
1. S-81-003. (Preliminary) Subdivision of lot 1, block-5, Bells Flats Alaska
Subdivision, USS 2539, into four lots: lots 1A, 1B, 1C and 1D, block 5,
Bells Flats Alaska Subdivision, USS 2539. (Douglas Hall)
KODIAK ISLAND BOROU 'LANNING AND ZONING COMMISSION NUTES
March 18, 1981, regular meeting
Page 7
Mr. Crowe no additional information 39 notices sent received none.
Mr. Ball what is a tangent bearing?
Mr. Crowe it is part of the legal description.
Mr. Hill is this the one that is a final?
Mr. Crowe no, it is the next one.
Mrs. Crowe closed the regular meeting and opened the public hearing. Hearing no
comments Mrs. Crowe closed the public hearing and reopened the regular meeting.
Mr. Ball moved to grant preliminary approval subdivision of lot 1, block 5, Bells
Flats Alaska Subdivision, USS 2539, into lots 1A, 1B, 1C, and 1D, block 5, Bells
Flats Alaska Subdivision, USS 2539 with the condition that the tangent bearing
of lot 1-B be changed to (N24°59102"E). Seconded by Mrs. Walser. Motion PASSED
by unanimous roll call vote.
2. S-81-004. (Final) Vacation of lots 3 & 4, block 2, Tract D, USS 1672 (Amended
and replat-to lots 3A, 4A, & 4B, block 2, Tract D, USS 1672 (amended).
(Robert Walton, Jr.)
STAFF REPORT: Mr. Crowe presented the staff report based on a memorandum prepared
by the Engineering Department.
Mrs. Crowe closed the regular meeting and opened the public hearing.
Gretchen Saupe opposed to the subdivision. Bought the land four (4) years ago so
we could build cabins. Does not want to see the land become high density.
Shirley Heglin opposed to the subdivision. Bought the land for building cabins.
Not a lot of water.Not sure about the drainage.
Mr. Chandler owned the land originally, I subdivided it,made some lots larger
than others. Pointed out where the low spots were in the land. Opposed to the
subdivision. Would not be able to dig a well .My biggest concern is that you might
contaminate the lake.
Discussion between the Commission and Mr. Chandler.
Mr. Ramaglia Did you change the land from conservation to rural residential so
you could sell the smaller lots.
Mr. Chandler I did not know I was changing it.
Mrs. Crowe the shaded in area that is a park.Is that dedicated to the Borough for
park use?
Mr. Chandler anyone could use it. The Borough owns it.
Mr. Ball why did you rezone the land to rural residential?
Mr. Chandler so I could subdivide it and sell it as I can't take it with me.
Mrs. Crowe closed the public hearing and reopened the regular meeting.
Mr. Ball was Mr. Walton informed of this meeting.
Mr. Crowe yes.
Mr. Walton my brother and I bought the land to build cabins.
Mr. Ball where is your brother?
Mr. Walton my brother passed away.
Discussion between Mr. Walton, Jr. and the audience.
Mrs. Walser can understand the concerns of the residents and Mr. Walton, Jr.
See no problem with the subdivision.
Sanitarian must give sanitary approval before a building permit is issued.
KODIAK ISLAND BOROC- PLANNING AND ZONING commissio NUTES
April 15, 1981, rec. r meeting
PAGE 11
• Mr. Hill moved to table a request for renewal of a lease to Timberline, Inc. nDL
44355, 15 acre parcle. Seconded by Mr. Gudenau. Motion PASSED with a 5-1 vote,
Mr. Ramaglia, Mrs. Walser, Mr. Hill, Mr. Ball and Mr. Gudenau voted YES and r.
Briggs voted NO.
VI. OLD BUSINESS
A. ZONING -. None
B. SUBDIVISIONS
1. S-81-003. (final) subdivision of lot 1, block 5, Bells Flats Alaska Subdivision
USS 2539, into four lots: lots 1A, 1B, 1C and 10, block 5, Bells Flats Alaska
Subdivision, USS 2539. (Douglas Hall)
STAFF REPORT: Mr. Walton presented the staff report based on a memorandum prepared
by the Engineering Department.
Mr. Hill moved to grant final approval to the subdivision of lot 1, block 5, Bells
Flats Alaska Subdivision, USS 2539, into four lots: lots 1A, 1B, 1C and 1D, block
5, Bells Flats Alaska Subdivision, USS 2539. Seconded by Mrs. Walser. Motion
PASSED by unanimous roll call vote.
2. S-81-006. (final) vacation of lots 16A, 16B, and 16C, USS 3098 and replat to
lots 16A-1, 16B-1 and 16C-1, USS 3098. (Bill Burke)
STAFF REPORT: Mr. Walton presented the staff report based on a memorandum prepared
by the Engineering Department.
Mr. Hill moved to grant final approval to the vacation of lots 16A, 16B and 16C,
USS 3098 and replat to lots 16A-1, 16B-1 and 16C-1, USS 3098. Seconded by Mr.
Ramaglia. Motion PASSED by unanimous roll call vote.
C. OTHER - None
VII. NEW BUSINESS
A. ZONING - None
B. SUBDIVISIONS - None
C. OTHER - None
VIII. INFORMATION AND REPORTS
A. Communications
1. Work session schedule (revised) - no action needed
2. Planning and Zoning Commission work program 1980-1981 - no action needed.
B. Reports
1. Chairman's Report.- none
2. Committee Report - none
3. Staff Report
a. Borough Manager - none
b. City Manager - none
c. Planning Department - Mr. Walton, reminder that the Borough Assembly work
session is scheduled for April 25, 1981. At your last work session Mr. Larry
LeDoux approached you about the possiblity of rezoning his lot on Mozart Circle
from rural residential to R-2 for the purpose of putting in a basement apartment
in his home sometime in the future. It was suggested that the Planning and Zoning
Commission might be interested in initiating a zoning change for the surrounding
area.