HOLLAND AC 1ST BK 1 LT 2A - RezoneCASE CHECK LIST
DATE RECEIVED cl-1`x-1
MEETING DATE 10- 11 - ?'
APPLICATION
LETTER FROM APPLICANT IF NEEDED V""'
PUBLIC HEARING NOTICES SENT
LETTER TO APPLICANT(TELLING OF PUBLIC HEARING DATE)
PLAT IF REQUIRED
PLOT PLAN IF REQUIRED
DENIED
APPROVED
LETTER TO APPLICANT TELL WHETHER DENIED OR APPROVED
TO BOROUGH ASSEMBLY (IF REQUIRED)
ACTION TAKEN BY P & Z COMMISSION
ACTION TAKEN BY THE BOROUGH ASSEMBLY
RESOLUTION NO. (P & Z)
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❑ RESTRICTED DELIVERY
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(CONSULT POSTMASTER FOR FEES)
2. ARTICLE ADDRESSED TO:
Robert D. Parsons
Box 2864
Kodiak, AK 99615
3. ARTICLE DESCRIPTION:
REGISTERED NO.
CERTIFIED NO.
612223
INSURED NO.
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RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED —
NOT FOR INTERNATIONAL MAIL
(See Reverse)
SENT TO
Robert D. Parson
STREET AND NO.
Box 2864 •
P.O., STATE AND ZIP CODE
Kodiak, Ak 99615
POSTAGE
$
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Pub. Hrg. 11/27/79
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tA.rthur & Arlene Zimmer
:!ox 1582
,odiak, AK 99615
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*GPO: 1977-0-249-595
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RECEIPT"FOR 'CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED—
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SENT TO .
Michael Rasmussen
STREET AND NO.
Box 1582
nErnpfl •
POSTAGE
P.O., STATE AND ZIP CODE
Kodiak, AK 99615
CONSULT POSTMASTER FOR FEES
POSTAGE
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(See Reverse)
SENT TO
Arthur & Arlene Zimmer
STREET AND NO.
Box 1582
P.O., STATE AND ZIP CODE
Kodiak, AK 99615
POSTAGE
2. ARTICLE ADDRESSED TO:
Michael Rasmussen
Box 2213
Kodiak, AK 99615
CONSULT POSTMASTER FOR FEES
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TOTAL POSTAGE AND FEES
POSTMARK OR DATE
Pub. Hrg. 11/27/79
• SEND rriplete items 1, 2, and 3.
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reverse.
1. The following service is requested (check one).
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0 RESTRICTED DELIVERY
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2. ARTICLE ADDRESSED TO:
Michael Rasmussen
Box 2213
Kodiak, AK 99615
3. ARTICLE DESCRIPTION:
REGISTERED NO.
CERTIFIED NO.
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INSURED NO.
(Always obtain signature of addressee or agent)
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*GPO: 19771-11-249-595
b.
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KODIAK ISLAND BOROUGH
ORDINANCE NO. 79-39-0
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING LOT 2A,
BLOCK 1, HOLLAND ACRES FIRST ADDITION, TRACT "J", USS 3218, AND THE UNSUBDIVIDED
PORTION OF USS 3218 FROM UNCLASSIFIED TO BUSINESS. (Zimmer/Parsons/Rasmussen)
BE IT ORDAINED BY the Kodiak Island Borough Assembly that:
Section 1: The official zoning map is hereby amended, rezoning lot 2A,
block 1, Holland Acres First Addition, Tract "J", USS 3218, and the
unsubdivided portion of USS 3218, from unclasified to business.
PASSED AND APPROVED this 3'4=-5 day of , 1980.
KODIAK ISLAND BOROUGH
BY:
ATTEST:''
BY: Ai/
',,Borough C e,/
FIRST READING DATE: November 7, 1979
ti
II SECOND READIN , PUBLIC HEARING: December 6, 1979
Pi ADOPTION: /9 ec
EFFECTIVE DA E:
REQUESTED BY: Mr. Parsons, Mr. Rasmussen, and Mr. Zimmer
PREPARED BY: Department of Planning and Community Development
RECOMMENDATION: The Planning and Zoning Commission recommends this Ordinance
I! not be adopted.
11
• KIB ASSEMBLY MINUTES-JANUARY 3, 1980 PAGE 3
limits required by Section 18.6. Two drafts prepared by Attorneys
on the lease agreement between the Borough and the successful bidder
were mailed out.
Mr. Cannon questioned whether the development plans were submitted
to Mr. Hovanec prior to December 28, 1979 by bidders. Mr. Hovanec
replied they were. Draft #2 was thought to be more appropriate
and wanted it reviewed to see what would be a most equitable lease.
Mayor Wallin asked if it was zoned Industrial Reserve being leased
now as a Borrow Site. Mr. Hovanec replied yes, and that is being
proposed for a ten year long term development lease for more than
Borrow Site purposes.
Mr. Ogg made a motion taking the last paragraph in the ten year
Industrial Lease offering and move to vacate this offering in
whole because it does not appear to protect the best interest of
the Borough. Seconded by Mr. Hansen. Mr. Anderson moved to amend
Mr. Ogg's motion to give Mr. Brechan a temporary lease until such
time it comes up to sell. Seconded by Mr. Peotter.
Mayor called for a ten minute recess and asked the attorney to
review the two documents and have a Draft Resolution in front of the
members, if possible, after recess.
The Meeting recessed at 9:05 P.M. and reconvened at 9:30 P.M.
Mayor Wallin read Resolution 80-3-R pertaining to the motion of Mr. Ogg.
Mr. Ogg rescinded his motion. Second withdrawn. Mr. Anderson withdrew,
his amendment. Second withdrawn. Motion by Mr. Hansen to substitute
Resolution 80-3-R. Seconded by Mr. Ogg. Unanimous roll call vote.
Mr. Peotter excused at 9:30 P.M.
Mr. Ogg moved that the Borough place, with the advice of its Land
Council, all excess lands for sale except for School Sites and
Parks in August and that a list of these lands for sale be submitted
to the Assembly by June 1. Seconded by Mr. Hansen. Mr. Herrnsteen
amended to change the sale to October. Seconded by Mr. Cannon.
Unanimous roll call vote on main motion as amended.
VII PUBLIC HEARINGS
A. None
VIII OLD BUSINESS .
A. Res. No. 79-66-R - Lot 21, Block 1 Monashka Bay Subdivision
(Bill & Gus Yovino)
Mr. Ogg moved for adoption of Resolution No. 79-66-R. Seconded
by Mr. Hansen. Motion to take off the table has precedence.
Unanimous roll call vote. Mr. Hansen moved for adoption of
Resolution No. 79-66-R. Seconded by Mr. Peotter. .Unanimous
roll call vote.
B. Ordinance 79-39-0, Rezoning Tr. J, USS 3218, Lot 2A, Block 1,
Holland Acres, 1st Addn., & Unsubd.,Portion of USS 3218 from
Unclassified to Business (Parsons/Zimmer/Rasmussen)
Mr. Hansen moved to take Ordinance 79-39-0 off the table.
Seconded by Mr. Ogg. Unanimous roll call vote. Mr. Ogg moved
to adopt Ordinance No. 79-39-0. Seconded by Mr. Hansen.
Mr. Ogg moved to amend Ordinance 79-39-0. Seconded by Mr. Hansen.
Mr. Ogg restated his amendment on the condition Mr. Rasmussen
•
grant a ten (10) ft. Utility Easement connecting Melnitsa lane 1
South to Melnitsa Lane North of the unsubdivided portion of USS
3218, NW part of property. Seconded by Mr. Hansen. . Unanimous
roll call vote. on main motion as amended.
KIB ASSEMBLY MINUTES-JANUARY 3, 1980 PAGE 4
IX MANAGERS REPORT
1. School District and Borough Work Session: Mayor Wallin suggested
the Staff should check the calendar, set up the meeting and notify
the Assembly.
2. Letter from Lenhart J. Grothe: Regarding $5,000 bond for sewer
line completion. Motion moved by Mr. Ogg and seconded by Mr.
Hansen that the interest the money has earned be turned over to
the owner of the bond. Unanimous roll call vote.
3. Community & Regional Affairs Meeting with City Council: Jan. 12, 1980
4. Letter from State Historical Preservation Officer, Mr. William S.
Hanable: Regarding monies that are available for the preservation of
Historical Resources.' No action. \
5. Memo from Mr. Hovanec to Mayor Wallin and Assembly: Regarding lease
termination of Kodiak Council on Alcoholism. KCA asked that the
money budgeted for rent not be taken from them. No action. •
6. Kodiak Livestock Confirmation Deed: Mr. Anderson moved for Mr. Hovanec
to execute this document. Seconded by Mr. Hansen. Unanimous roll call
vote.
11:00 P.M. - It was agreed to take up the attorney related items and
adjourn no later than midnite.
11. Akhiok Land Transfer Report: Question about status of Akhiok School site.
Mr. Lekisch reported there had been no agreement signed. They should
contact the Akhiok representative.
Neal and Company: Rick Garnett stated that this matter should be left
in Mr. Sharon's hands.
Ray Mann: Motion by Mr. Hansen that the map be accepted as delineated
between the Attorney and our Land Consultants to see that it is correct
as far as certain technical changes. Seconded by Mr. Ogg. Unanimous
roll call vote.
Felton's Borrow Site Lease TR.B-1: This lease and other similar leases
will be discussed by Mr. Garnett and Mr. Tubbs.
Mr. Cgg moved to jump ahead on the agenda to Item C under New Business.
Seconded by Mr. Cannon. Unanimous roll call vote.
X C. NEW BUSINESS
OCS/DEIS Review - David Hoopes Contract: Mr. Hovanec read memo from
Borough Manager regarding contract. Letter with resume attached.
Mr. Hoopes was introduced and stated he hoped for and encourages
input and participation. Mr. Ogg moved to approve the contract with
Mr. David Hoopes. Seconded by Mr. Cannon. Unanimous roll call vote.
Mr. Hansen moved to rescind the action taken on August 3 on the purchase
application, Felton Construction, K717, and return the $1,200 submitted
with the June application. Seconded by Mr. Ogg. Unanimous roll call vote.
Mayor Wallin recessed the meeting at 11:40 P.M. until 6:30 P.M., Friday
January 4, 1980.
KODIAK ISLAND BOROUGH
Telephones 486 -5736 - .486 -5737 — Box-1246
KODIAK, ALASKA 99615
M E M 0 R -A.N•D U M
'DATE: December 28, 1979
• TO Honorable Mayor and _Borough Assembly
FROM: Planning Department
through.Borou'gh Manager,
SUBJ: Information Report
RE: -.A request to rezone lot 2A, block 1., Holland- Acres First Addition,
Tract "J" USS 3218,' and the unsubdivided portion-of•USS 3218. from
unclassified to' busi.'ness. , ,(Parsons /Rasmussen /Zimmer)
On December 6, 1979, you tabled'action on the referenced rezoning
request pending clarification'of the ownership of Tract "J ". We have'
determi ned ' that Tract "J" has been split by .deed. Mr. Parsons owns
the SW 2 of the Tract and. Mr., Bob, Spencer 'owns the NW 2 of . the Tract.
. Attached is a letter - received on December 26, 1979, .. signed by Mr. Parsons
and Mr.- Spencer indicating that Mr. Spencer wishes to have his portion of
Tract "J" rezoned to business.
We hope, this information is of assistance to you. Staff . will be
available during your.January 3, 1980 meeting.
ROBERT D. PARSONS
CERTIFIED PUBLIC ACCOUNTANT
MILL BAY ROAD
P.O. BOX 988
KODIAK, ALASKA
TELEPHONE 907-486-4737
Mr. Harry Milligan
Planning & Zoning Commission
Kodiak Island Borough
Kodiak, Alaska
Mr. Milligan,
Per your request, both Bob Spencer and myself are desireous of having
our respective portion of U.S. Survey 3218 tract J rezonned from un-
classified to commercial as witnessed by the signatures below.
Sin e e y,
Robert D. Parsons
RDP:ep
SW+ Tract J
-NW Tract—J -
Robert D. Parsons
Robe]) L. Spencer
KIB ASSEMBLY MINUTES-DECEMBER 6, 1979 PAGE 2
to accept the Special Flood Plain Plan as presented. Seconded
by Mr. Hansen. Mbtion carried by unanimous voice vote.
B. Joint Requestefrom I= Education Association and School
District-Tom Simpler. Mayor Wallin read the correspondence.
Mr. Ogg moved to submit the name of Arnold Hansen to act as
a possible arbitrator in a personnel grievance. Seconded by
Mr;.4errnsteen. Motion carried 4-1 by voice vote with Mr.
Peotter voting NO.
C. -P & Z Appointments. Mayor Wallin read the correspOndence.
Mayor 'Wallin recommended the reappointment of John Pugh and
appointment of Tim Hill from the City. Mr. Ogg so moved.
Seconded by Mr. Hansen. Motion carried by unanimous voice vote.
Mayor Wallin recommended reappointment of Ron Ball from outside
the city. Mr. Ogg so moved. Seconded'by Mr. Hansen. Hearinge
no objection the mayor se moved.
D. OCS Report-Hank Pennington. Mr. Pennington made his presenta-
tion; he requested.a work sescion of OCS Council, Borough Assembly,
and 0.E.D.P. on January, 19th. There will be public hearings in
Anchorage on January 29th and 31st. Requests funds be set aside
for at least one Pe-eson from the OCS Council to go to Anchorage
to present testimony from•this area. He made two formal requests:
1) that the OCS Cduncil by-laws be amended so that an executive
committee could be established and could constitute a quorum in
The absence of a quorum of the council, and 2) that when funds
are available that a staff member be added to the planning
department to review and coament on The many studies that must
be taken care of. This person should have an ecomonic back-
ground. Mr. Milligan stated that the preapplication for the
coastal policy grant has been submitted., Mr: Hansen moved that
an executive committee be established consisting of the chairman,
vice-chairman and thee members elected by the OCS Council.
• Seconded by Mr. Herrnsteen. Mr, Peotter moved to amend by add-
ing two alternates to be elected by the OCS Council. Amendment
carried by unanimous voice vote. Main motion carried by
unanimous voice vote. Mr. Ogg suggested taking care of the
funding%for representation at the Anchorage public hearings at
the January meeting. Mr. Pennington stated that any new staff
member in the planning department should be both an economist
and engineer. Er. Hansen moved the borough manage,., be advised
to pursue help for the OCS Coeneil. Seconded by Mr. Herrnsteen.
:lotion carried b3, unanimous voice vote.
E. Letter from David Thompson. .Mayor Wallin read the corres-
pondence re. 1) Resolution 1/79-61-R legal counsel fees - feels
these are excessive; 2) Borough managers contract - urges
expeditious setteement and cooperation with the manager; and 3)
Alaska Coastal Policy Counci) and Kcliak's plan- urges public
information and .2c.mmunity input at an early date. NO action
necessary.
Recess called at8:10 P.M.; meeting reconvened
VII PUBLIC HEARI14GS
_
h. Ordinance ,9-39-0 Rezoning Tract J. USS 3218, Lot 2A,
Block 1, Holland Acres, 1st Addieion., and Unsubdivided Portion
of USS 3218 f/o,a Unclassified to fusiness (Parson/Zimmer/
Rasmussen). Nayor Wallin red tl-E correspondence and ordinance.
Mr. Ogg moved to adopt Ordinance 79-39-0. Seconded by Mr.
Hansen. Closed regular session., npened public hearing.
8:27 P.M.
No one spoke for or against the ordinance.•
e_e
Closed public hearing.; resumeri regular session.
KIB ASSEMBLY MEETING-DECEMBER 6, 1979
PAGE 3
explained the zoning of the surrounding properties. Mr.
Anderson stated he was under the impression that Tract J had
been subdivided into two parts. Mr. Pugh stated that at the
P & Z public hearing an overwhelming majority from this area
opposed business zoning along this road. Mr. Ogg moved to
amend Ordinance 179-39-0 that in the unsubdivided portion of USS
3218 that the 60 feet width connecting Melnitsa Lane South to
Melnitsa Lane North (a sixty foot width across the Northwest
half of this property) be dedicated as a public access ease-
ment, this being Section 2 of the ordinance. Seconded by Mr.
Hansen. Mr. Peotter felt Mr. Rasmussen should have some input
into this action. Hr. Anderson moved to table Ordinance
#79-39-0 to the next meeting; staff to find out if Tract J is owned
by two people and see if Mr. Rasmussen would give right-of-way
through Lot 5, Crestview subdivision. Seconded by Mr. Hansen.
Motion carried by unanimous roll call vote.
B. Ordinance #79-39-OA Rezoning Tract J, USS 3218 from
Unclassified to Business (Parsons). Mayor Wallin read the
correspondence and ordinance. Mr. Ogg moved for adoption of
Ordinance #79-39-0A. Seconded by Mr. Hansen. Regular session
closed; public hearing opened.
io comments for or against the ordinance.
Public hearing closed; regular session reconvened. Motion
failed 1-4; Mr. Peotter voted YES with Mr. Anderson, Mr. Hansen,
4r. Herrnsteen and Mr. Ogg casting NO votes.
C. Ordinance #79-37-0 Rezoning Lots 1 through 31 Port Lions
Subdivision from Watershed to R-1 Single Family Residential
(KANA Housing Authority). Mayor Wailin read the correspondence
and ordinance. Mr, Hansen moved for adoption of Ordinance
• i79-37-0. Closed regular-session; opened public hearing.
-No one spoke for or against the ordinance.
Public hearing closed; regular session reconvened. Motion
carried by unanimous roll call vote.
• • •
VIII OLD BUSINESS
A. Re. KANA Housing Authority Request-Appraisal of Kadiak AK
Subdivision, Tracts B, E and Portion of F (Mr. Haney) and
Resolution #79-67-R Sale of Land to KANA Tracts B and E, Kadiak
Ak Subdivision. Mayor Wallin read the correspondence and
• ,Resolution /79-67-R. Mr. Anderson moved to accept Resolution
#79767-R. Seconded by Mr. Peotter. Mr. Klinkner, attorney,
recommended changes in Sections 2 and 3. Mr. Simmons, KANA
Housing Authority, suggested deleting Section 3 in its entirety.
Hr. Ogg moved. to amend to place a period after KIB in Section 2,
• Page 1 and delete the remainder of the sentence. Seconded by
• Mr. Peotter. Motion carried by unanimous roll call vote. Mr.
Peotter moved to amend Section 3 to read "that the total pur-
chase cash price shall be 178,785.00." Seconded by Mr.
Herrnsteen. Amendment carried by unanimous roll call vote.
•Main motion as amended failed 2-3; Mr. Anderson and Mr. Hansen
• voted YES with Mr. Herrnsteen, Mr. Ogg and Mr. Peotter casting
NO votes.
A five-Minute recess was called at 9:40 P.M. Meeting reconvened
at 9:45 P.M.
IX MANAGEKS REPORT
No report. Christmas greetings from the manager.
X NEW BUSINESS
KODIAK ISLAND BOROUGH
ORDINANCE NO. 79-39-0
• AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING LOT 2A,
• BLOCK 1, HOLLAND ACRES FIRST ADDITION, TRACT "J", USS 3218, AND THE UNSUBDIVIDED
PORTION OF USS 3218 FROM UNCLASSIFIED TO BUSINESS. (Zimmer/Parsons/Rasmussen)
BE IT ORDAINED BY the Kodiak Island Borough Assembly that:
Section 1: The official zoning map is hereby amended, rezoning lot 2A,
block 1, Holland Acres First Addition, Tract "J", USS 3218, and the
unsubdivided portion of USS 3218, from unclasified to business.
PASSED AND APPROVED this 3'4"I day of , 19$0.
111 ,
ATTEST:' ,
.11
II 6Y:
*
Borough C e
KODIAK ISLAND BOROUGH
BY:
•
1
] FIRST READING DATE: November 7, 1979
SECOND READIN , PUBLIC HEARING: December 6, 1979
1 ADOPTION: a,-), 4,,,iF49
1 EFFECTIVE DA '1 E:
i
I REQUESTED BY: Mr. Parsons, Mr. Rasmussen, and Mr. Zimmer
i
' I PREPARED BY: Department of Planning and Community Development
RECOMMENDATION: The Planning and Zoning Commission recommends this Ordinance
I not be adopted.
1
KIG ASSERLY 1E.ETIHG-OVEJe,ER 7, 1,279 PAGE
Peotter moved to amend paraeraph 3, line 2 to change 26 square feet to 543
square feet aad line 4 change Rooms to Room and delete 315,, and 316; upon the
vacancy of 315 and 315 these rooms will be added to the space r de available
to the State Legislative Affairs Aeency office. Seconded by er. Anderson.
Amendment failed 3-3; :Ir. Afiderson, r : „lmnstaen and Ir. Peotter voted YES
with Jr. Cannon, jr ..Hansen andJr. c!eq cast'ig :0 votes. :din motion carried
r Cannon, .:ir nsen r Herrnsteen and 'r. ")rg voted Y-,5 Ath
nderson and Jr. Peotter casting :0 votes.
lz.esolution 7,)-53-. R Subdivision of Lot 12;. 'lock 7, ';ells Flats AK Sub
division (Kelly '!akefield). _ayor,'!allin read the correspondence and resolution,
Ir.' Hansen moved for adoPtion of Resolution ;173-1).. Seconded,by,„'r.
Aotion carried by unanimous roll call vote.
•
C. jeleted.
J. Ordinance #73-37-0 Rezoning Lots 1-31, Port Lions. Subdivision from ,ershed
to R-1 Single Family' Residential (KAMA Housing ...ithority). •:ayor 4allin: read
the correspondence and ordinance by title only. 'T. lieg :loved for advtioa .
at first reading of '2.rdinance f:7-37-0. Seconded by. 1r. Hansen. .It.was explained
that the Afognak. dative Corporation does not object and the sewer service will be
adequate. Jotion carried by unanimous roll call vote.
E. •irdinance f7)-36-0 Requesting an Interpretation of :xcessory Uses in the
Service/Recreational iistrict to -)etermine if . Veterinary Office 'ould be an
Allowedl.ccessory Use to an Lnimal Shelter (City of Kodiak). Information only.
F. a) Ordinance #79-39-0 ieezoning Tract J, PSS 3218, Lot 2A, :lock 1, Holland
Acres, 1st Addn., and,Unsubdivided Portion of USS 3213 from Unclassified to
2.usiness (Parsons/Zimmer/Rasmussen)
b) Crdinance #79739-0A Rezoning Tract J, USS 1210 From Unclassified to
usiness (Parsons). eir. Alligan stated the three pieces were petitioned by •
the individual owners. P 2: recommended rezoning only Tract J. dr. Hansen
pointed out that r. Zimmer's property had been presented for rezoning pre-
' viously and explained the history of the three parcels. x. 'cilligan stated
there 'as no public opposition Presented at the L ublic hearing. .ire.
Ogg moved for adootion of Ordinance #70-39-0 at first readinc. ,totion carried
r Anderson, .1r. Cannon, 1r. Hansen, ir. Ong and :r ..Peotter voted YES
with 'Ir.' HerrnSteen casting one Vote. jr. Cannon moved to approve Crdinance
P79-39-0A at first reading. Seconded by ir. derson. jotion carried 4-2;
nderson, :41e. Cannon, lr. Herrnsteen,and dr. Pcotter voted YES with.dr. 1Lensen
and Ir. Ogg casting 10 votes.
Transfer of Funds-Attorney's Fes. 'ayor '?allin read the memorandum.
Jr. Peotter moved to follow the recommendation of the acting borough manager.
Seconded by 11r. Hansen. 1otion .carried by unanimous roll scan vote.
N. P,esolution #79-60-R Requirements for Lease of Parcel p-1, Tract A, Als
Flats AK Subdivision. dayor read the resolutmon r Peotter pved
for adoption of Resolution #79-'0-R. Seconded by dr. Hansen. 'otion carried
by unanimous roll call vote.
I. InitiaVve Petition Partially Exemptind ';cats and Veisels from Property
fax 'dayor..!allin read memo from ;Arough Clerk dated July 20, 197). -r. rgg
moved to accept the initiative petition, to be placed on the ballot .at the next
general election to be held by the KID. Seconded by ir. ,Nerrnsteen. The
borough attorney's letter was read. 1rd Tom Logan stated that. :rs. Lochner
had failed to state to the petition sinners that one-half of the money the
borough receives comes indirectly from the boats and many signers would not
have signed had -ftey understood this :irs. Lechner has requested this init-
iative appear, on 1:44.. 5allot'at he next neneral election. :otioz.1 carried
d-1; Jr. Anderson, Jd. Cannon, .1r. Hansen, :r. Nerrnsteen, and r gg voted
YES with' ;r. Peotter casting one '11 vote.
J. Contract with Roy A. Ecklund for Professional Services-Chiniak School Site.
ayor Ja11in read memo and contract from _r. Ecklund. :r. Orig moved to author-
ize J9931; for site survey to go to dr. Roy A. Ecklund of Kodiak for the contract.
Seconded by Ir. Hansen. It was pointed out the well at Chiniak school is a
nroblem trey need a pore test. 1.Iotion carried by unanimous roll call vote.
P.'1. the assembly agreed to stay to finish the agenda.
1•JELTIOVU3ER 7
rrt
IXeeilAAAGER'S.RENAT = ' .
•
•
,. •1. • 1:ft0A HousingeAuthority-loweincome, housing proposal: letter from
attorney and suggested'enangeS'to*be made in:,the,requirements. .:ust take
into consideration that :the CooPeration figreeMent.withAUp is nationwide..
The borough would havetoprovide the same service providedstO other people
inthe'borough; KAM would be eeMOt from spkial assessicnts r. SiMmons
ansWered questions from r Ogg:, .1.. Stated an enual number -of housing
nits would not have to be dlished since thi siace this are is considered a:rural
,non-,farm 4rdA (#2 HUD -form). HUD 11 A A rr T Le tel,e:.empt but there is a
proviSion to make payMent iii 77„.1 ofetaxes:,-E11F43 Firnishing services -must
furnish the same as in the.ret-c4 the borough;. WA is exenipt frrn specia1 .
assessments but not general assessments. HUD * ':ight-Of-''ay requirements
*are standard; 11,21 Public improveMeas - Stated the ;'-e;ffibrity would agree
advance not to make a request for this provision; thy intend to provide
their own on site sewer and water agleementmaitenance. The borough would
provide services only un to the boue-iaries of tbel boundaries of. the area.
Suggested a meeting of the:HOD attorfweys'borough attorNey, MAA attorney,:
housing :authority and borough representatives-to Work but the solution to
.these points. ,iayor a11i1 suggested Jr. I;ovanecgo to Anchorage to meet
with'these.representatives before- the rext, meetio. jr. Hansen rnovcd to-
accept this" CooPeration i',ereement between 'AO and. the bOrough. .Seconded by
lr. Ogg..•-.)0e!7; moved to table until Jr.'Hovanec can get together with
.ejr. Sirinons9 iis attorney land HUD and come back to the assembiyewith'some-
,thing acceptable to,the'borough., Seconded by Hansen. :Iotiohecarried
4derson, r Cannon, 4.'Hansen, Jr. Jack and YIr.-Qgq.voted-YES With r •
Peotter casting one :10. vote. _ eeee
L; 'High School swimming pool and roof hospital roof . aequested authorizae
don for flr.'Sharon to retain a cost estimating firmte%develop' the -needed:
..estimates.- Stated iaSterPolill will send a proposal and drairr' 1r ansen
!moved to authorize administration to use e:00 from the litigatiOn-allowance
for these investigations.. Seconded :by Jr. Peatter.otion carried by Unani-
mous roll call vote. . .
. , .
a. Sanitary sewer improvemehtteRustell'Estates', 1st :Addition.* T.- August.
e3.,000 has* been granted the city to finishthis-w,Lnhni.,. project-?',et the
utility systeM in work.!1g.over. This Was not F-ff1 ,ef:'3: noney ir PeOtter
moved,aUthorization .H.:;,.00.bOnd to complete the project of ,e manhole
in usse11 Estates, lst,',.tien, Secondby r 3 btion'carrie by .•
unanimous roll --'' vote.
Permit.applreatiaii.relf 70,DOC cubic yhrdslofmaterialfrom .
the Karluk spit; eo•boroUgh lands m'e invo1v.. .....:,:illigan,stated that. -
the removal of the 70,000 cubic yards w' 'ld bee'-aken from the far end of the
soit. -Stated that Karluk is prowlhg; f'sb the 50J000 gallon oil tank
may bk. . laced .in the7ound this year. Stated.the village council has been
notA of the snitA)rojct aro ars 10ncurrende. Anderson-noved the
asSem'qy go 'along with the :arluk Is decision. .Seconded .by ir.e0gg,
:11TY6 carried by unaniMous roll call • ee ,
Commented-that 4...")01gado, mayor of.Ouktnkie, had notified council approval
.
of the new access route to the schobl,which had worked out with the Cooperation
of 4.. Hovahec and r. Gordon.' -
Tnderson Jay sewer .lift station. ..Stated r. ei1 Sargent has been paying
the electric bill for the operation of this lift station for sale . tme and
has notified he will, no longer pay the charges'. The city has never accepted
the lift station becauSe, it was.not properly installed. The question is,
"who will ,pay the bill' in the future"? ,4...Anderson-moved.the assembly in-
struct the Jorough'manager to contact -the five people in the:subdivion using
this SysteM and tell them what the situation is and notify that if r. Sargent
cannot pay the bill they will be responsible for the sewer. Seconde by Jr
Hansen: ot,ion carried.by unanimous, roll call vote. • e
3.... City clerk has requested meeting of the mayors and committees in .the city
conference room re. the boat harbor strategy.... .e
1. ',Ze. leases of borough buirJing space. 111 set,up a meeting with,jr,.
Harmony of the City and .4'. Amconen,of the sc,",.;:___..istrict re. maiCepance -
costs, et cetera. T e e sillsome items selCiging -ta rental -HezIth:and
KAM stored in the.r---- .1xt to the assembly. ;hambers. The City has offered
space for temporary' - '7,e of i±1..;e
X .!..E1 DUSLIESS•
A. esolution /17J-57-i: Requesting Leas- of :Zoom 314 "ithin Ik wilding for
Legislative Alfairs Agency. •:ayor 'allio read the ---,solution. r. Hansen
•,or adopeion of k-r—lution #70-W-A. Scot). by Natter. 'r.
KODIAK ISLAND BOROUGH
Telephones 486 -5736 -_486 -5737 — Box 1246
KODIAK, ALASKA 99615
MEM0RANDU.M
DATE: November 5 ,197.9
TO: -Honorable Mayor and Borough Assembly
through Acting Borough Manager
FROM: Department of Planning and Community Devel opment'r�o:---
SUBJ: -Information Report
RE: Rezoning of lot 2A, block 1, Holland Acres First_Addition, Tract "J",
USS 3218, and the unsubd-ividedp_ortion of USS 3218, from unclassified
to business.
During the Planning and Zoning Commission's regular meeting-held on
October 17, 1979, following a public hearing the Commission recommended,.
that Tract "J ", USS 3218, be rezoned from unclassified to business. The
Commission also recommends to the Borough Assembly that lot 2A, block 1;
Holland Acres First Addition,.and a portion of the un "subdivided portion of
USS 3218, not be rezoned at this time. The Commission. recommended adoption
of proposed Kodiak-Island Borough Ordinance 79 -39 -0 ;(a).
Representatives of the Planning and Zoning Commission and the De
.partment of Planning and Community Development will be available at your
- November.7, 1979, - meeting to answer any questions you may. have regarding
this matter. •
,K ISLAND BOROUGH
Mr. Robert Parsons
Box 988
Kodiak, Alaska 99615
Telephones 486 -5736 - 486 -5737 —Box 1246
XODIAK, ALASKA 99615
October 20, 1979
RE: Rezoning of Tract "J", USS 3218, from unclassified to business.
Dear Mr. Parsons,
Your rezoning request on the above referenced property was considered
by the Planning and Zoning Commission during their regular meeting held on
October 17, 1979.
The.,Commission has forwarded a recommendation to the Borough Assembly
,that your request be approved. The Borough Clerk will advise you of the'.,
Assembly's public hearing date on this matter.
I hope this information is of assistance to you. If you have any
questions regarding this matter, please call the Planning Department a
486 -5736.
Sincerely,
23posIAA0L wn . 3 r
Joanne M. Jones
Secretary
K IS AND BO UGH
Michael Rasmussen
Kodiak Transfer, Inc.
Box 347
Kodiak, Alaska 99615
Telephones 486 -5736 - 486 -5737 — Box 1246
KODIAK, ALASKA 99615
October 20, 1979
RE: Rezoning of the unsubdivided portion of USS 3218, from unclassified
to business. • '
Dear Mr. Rasmussen,
Your rezoning request on the above referenced property was denied by
the Planning and Zoning Commission during their regular meeting held on
October 17, 1979, for the following reasons: 1) limited road access to the
.property and the development of this property at this time would substanti-
ally impact and conflict with the existing and developing residential
character.of the neighborhood.
The Commission's action may be appealed to the Borough Assembly seated
as a Board of Adjustment within 10 days of the Commission's action.
If you have any questions regarding this matter, please contact the
Planning Department at 486 -5736.
Sincerely,
0001rniV1/431. irk/.
Joanne M. Jones
Secretary
IAK ISLAND BSS ROUGH
Telephones 486 -5736 - 486 -5737 — Box 1246
KODIAK, ALASKA 99615
October 20, 1979
Mr. Arthur Zimmer
Box 1582
Kodiak, Alaska 99615
RE: A request to rezone lot 2A, block 1, Holland Acres First
Addition, from unclassified to business.
Dear Mr. Zimmer,
Your rezoning request on the above referenced property was denied by,,
the Planning and Zoning Commission during their regular meeting held on
October 17, 1979, for the following reasons: 1) your home would be non-
conforming, 2) it would not be consistant with the objectives of the Kodiak
Island Borough Zoning Ordinance as all of the uses of the site would become
prohibited rather than a portion of the uses.
The Commission's action may be appealed to the Borough Assembly seated
as a Board of Adjustment within 10 days following the Commission's action
If you have any questions regarding this matter, please contact the
Planning Department at 486 -5736.
Sincerely,
Joanne MjJones
Secretary'.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
RESOLUTION NO. Z-79-053L
A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISS-
ION RECOMMENDING TO THE BOROUGH ASSEMBLY TO REZONE TRACT "J", USS 3218, FROM
UNCLASSIFIED TO BUSINESS AND FURTHER RECOMMENDING THAT LOT 2A, BLOCK 1, HOLLAND
ACRES FIRST ADDITION AND THE UNSUBDIVIDED PORTION OF USS 3218 NOT BE REZONED
FROM UNCLASSIFIED TO BUSINESS. (Parsons, Rasmussen, and Zimmer)
WHEREAS, a petition was received from Mr. Parsons, Mr. Zimmer and
Mr. Rasmussen requesting lot 2A, block 1, Holland Acres First Addition, Tract "J'
and the unsubdivided portion of USS 3218, be rezoned from unclassified to business.
And;
WHEREAS, notice was published, notices were mailed and a public hear-
ing was held. And;
WHEREAS, the Commission found the property is immediately adjacent to
business zoned property. And;
WHEREAS, the Commission found the request embodied lands in excessed
of that which is.necessary to support the area at this time. And;
WHEREAS, the Commission found that rezoning lot 2A, block 1, Holland
Acres First Addition (Zimmer) would place business and commercial traffic uses
along Island Lake Road, which would directly conflict in an area developed with
residential uses. And;
WHEREAS, the Commission also found that the rezoning of the unsubdivid-
ed portion of USS 3218, that access to the site is restricted and development of
the property at this time to business would substaintiall impact and coflict with
the existing and developing residential character of the neighborhood.
NOW THEREFORE BE IT RESOLVED by the Kodiak Island Borough Planning and
Zoning Commission that the Commission recommends to the Borough Assembly that
Tract "J", USS 3218, (Mr. Robert Parsons) be rezoned from unclassified to business.
AND BE IT FURTHER RESOLVED that the Kodiak Island Borough Planning
and Zoning Commission recommend to the Borough Assembly that lot 2A, block 1,
'Holland Acres First Addition (Zimmer) and the unsubdivided portion of USS 3218
',...(Rasmussen) not be rezoned at this time as there appears to be no need and just-
ification of the.rezoning at this time.
PASSED AND APPROVED this 17th day of October , 1979.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
Resolution No. Z- 059&
i/ Page 2
ATTEST:
B
°
)
October 17, 1979,
page 2
lutes
Mr. .Pugh closed the regular meeting and opened the public hearing.
Mrs. Kavanaugh stated that she approved of the business zoning.
Mr. Russell stated that he would like to see the land rezoned to business.
Mr. Knowels stated that he was in favor of the business zoning.
Mr. Stone stated he was opposed to the rezoning.
Mr. Johnson stated he was opposed to the rezoning and he would rather
see a park go in there.
Mr. Pugh closed the public hearing and reopened the regular meeting.
Discussion between the Commission on the access to Birch Street, utility
easements, building height and the possiblity of a one way street to Mill
Bay. Also there was discussion on input from the City of Kodiak on this
issue.
Mr. Perez moved that we set this aside until that time when we can talk to
the developers and go into a contract zoning with them. Seconded by Mr.
Erwin. It was requested to put a time on the meeting so the time was set
for October 24, 1979, work session. Motion PASSED by unanimous roll call
vote.
4. Z-79-052. A request to rezone Tract "J", lot 2A, block 1, Holland Acres
First Addition, and the unsubdivided portion of USS 3218, from unclassified
to business. (Parsons/Zimmer/Rasmussen)
STAFF REPORT: Mr. Gordon presented the staff report based on a memorandum
prepared by the Planning Department.
Discussion by the Commission on present zoning.
Mr. Pugh closed the regular meeting and opened the public hearing.
Hearing no comments Mr. Pugh closed the public hearing and reopened the
regular meeting.
The Commission moved to split the request into three sections, 1) Rasmussen
2) Zimmer, and 3) Parsons.
Mrs. Crowe moved to recommend the rezoning of the unsubdivided portion of
USS 3218 from unclassified to business. Seconded by Mr. Perez. Motion
FAILED by unanimous roll call vote. (Mr. Rasmussen's property)
Mr. Baker moved to recommend the rezoning of lot 2A, block 1, Holland Acres
First Addition from unclassified to business. Seconded by Mr. Ball. Motion
FAILED with a 5-1 vote, Mr. Ball voted YES and all other Commissioner's vote(
NO. (Mr. Zimmer's property)
Mr. Ball moved to approve the rezoning of Tract "J", USS 3218 from unclass
ified to business. Seconded by Mrs. Crowe. Motion PASSED with a 4-2 vote,
Mr. Erwin and Mrs. Crowe voted NO and all other Commissioner's voted YES.
(Mr. Parsons' property)
5. Z-79-055. A request for an interpretation of accessory -uses-in the Service/
Recreational district to determine if a veterinary office would be an allowe(
accessory use to an animal shelter. (City of Kodiak)
STAFF REPORT: Mr. Gordon presented the staff report based on a memorandum
prepared by the Planning Department.
Mr. Pugh closed the regular meeting and opened the public hearing, hearing
no comments Mr. Pugh closed the public hearing and reopened the regular
meeting.
Discussion by the Commission and Bryce on Ordinance #17.30.060
KODIAK ISLAND BOROUGH
Telephones 486 -5736 - 486 -5737 — Box 1246
KODIAK, ALASKA 99615
MEMORA "ND -U "'f
DATE: October 2, 1979 V
T0: Planning and Zoning Commission
FROM: Planning Staff - -
SUBJ: Case History, Case File #Z -79 -052
RE: A request to rezone Tract "J Lot 2A, and the unsubdivided portion
of USS.3218 from unclassified to business.
REQUEST:
The applicants wish to have their properties rezoned from unclassified
to business, as setforth in their letter of September 11, 1979.
SITE:
Lot "J ", USS 3218 is developed withh.an existing business building,
the structure has never enjoyed conforming rights. The unsubdivided
portion of USS 3218 is not developed. Lot 2A, Holland Acres subdivision
is developed with a residence and the owners warehouse structures.
HISTORY:
In 1977 the properties included in this application were proposed for
rezoning to business' that application failed. as to-the s,i ze- of the area.
This area has also•been looked at'for industrial use on -at least one occasion.
• On February l,. 1979 the planning. and. zoning Commission initiated an
amendment to the Comprehensive plan to rec lassify several properties from
unclassified to business. Included in that application were.Mr. Rasmussen's,
I•• 1
and r. Parsons' properties. Subsequently on April 30, 1979i :the Borough
Assembly adopted Kodiak Island. Borough Ordinance no. 79 -15 -0, amending the..
Comprehensive .Plan from unclassified to business.
At that same time the Assembly'also. rezoned several adjoining properties
from unclassified. to business. 0
On June -20, 1979,.the Planning and Zoning Commission in Resolution no.
Z -79 -022 recommended lot 2A (Mr. Zimmer) not be reclassified on the Comp-
rehensive Land Use Plan. However, on August 2, 1979, the Borough - Assembly
adopted Kodiak Island Borough Ordinance #79 -20 -0 which amended the land use. .
plan classification effecting lot 2A,-from medium density residential to •
-business.-
Memorandum, pi
October 2,.19. ,
At this time the land-use plan reflects business uses on all of the
parcels under consideration at this-time.
ANALYSIS:
Lot "J ", USS 3218, is being used for business purposes the applicant
(Mr. Parsons) wishes to establish his accounting offices on the site, this
change if approved would make 'his use of property lawful and conforming.
Lot 2A, is presently utilized by the applicant (Mr. Zimmer) for his,
home and construction company business. This request if•approved would
change the status of his home from a conforming use to anon conforming use
as single- family dwellings are - prohibited in the business zoning districts.
As to -the warehouses on•the property they would still be prohibited
based upon your interperation that only mini - Warehouses are allowed in the
business zoning district. -
Thus it appears this portion of the 'request would not be,consistant
with the objectives of the Zoning Ordinance as all of the uses • of the site
would become prohibited rather than a portion of the uses.
The unsubdivided portion of USS 3218 is not developed at this time,
thus this change would have.;no effect on any existing uses. Its only effect
would be in_•what could be developed op-the ,site.. Approving this portion of
the request would not be inconsistant with the objectives of the Comprehensive
Plan. The only -issue confronting the Commission is whether or not this
property should be rezoned at this time.:: :
In considering your decision 'iri this case Section 17.72.020 of the
Zoning Ordinance requires you state in your report to the Borough Assembly
how the request was initiated and
A. Findings as.to need and justification for a change or amendment:
B. Findings•as to the effect a change or amendment would, have on the
objectives of the Comprehensive Plan.
C. Recommedations as to the approval or disapproval of the change
or amendment. •-
RECOMMENDATION:'
The,-following are offered for your consideration. .
1. You can recommend the rezoning of all three properties as presented.
2. You can recommend the rezoning of only those properties you
find should _be rezoned at this time.
3. You can recommend that the requested rezoning be denied.
r7�~
• ROBERT D. PARSONS
CERTIFIED PUBLIC ACCOUNTANT -
SUITE 206 ISLAND PROFESSIONAL BUILDING
BOX 2864
KODIAK, ALASKA 99615
TELEPHONE 907 - 486 -4737
September 11, 1979
Planning & Zoning Commission
Kodiak.Tsland Borough
Kodiak;_ Alaska
Gentlemen:
We the undersigned would appreciate your consideration onAhe
attached application to'rezone the property indicated from unclass -
i_fied to business use. The rezone would be in accordance with the
comprehension plan.
My property fronting Mill Bay Road has been used for a2.number
bf-years for commercial pruposes. I plan on utilizing the building
for accounting offices.
Mr Zimmers' property is currently being used for ware housing
operations. -Mr - Rasmussens'• property is an extension dfxhis cures
rently zoned business property.
Mr. Rasmussen does not -have specific use for the property ti-
tled-in the name of Kodiak Transfer but because it joins his-cur-.
rent business zoned property he requests this zone change.
The three parcels are ajoining and in turn would be contiguous
to property currently zoned for business use.
Michael Ras *m sen, Pres.
Kodiak Transfer, ;Inc.
Encl.
KODIAK ISLAND BOROUGH
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
PLANNING AND ZONING REQUEST APPLICATION
Application Fee Paid
dt.°6 c23
Type of Request : 2c,y 6.--•
No.
Date
Final
Disposition
Remarks
I —
Property: Subdivision or Addition U. S. Survey No. 303/
Tract/Parcel J Block Lots
Block Lots A
Applicant: 4Ar ;,A.)5t2A4.5-
Mailing Address: /7C2 1.501 II
Covering Letter Submitted:
Block Lots
.1 111,
Plat Submitted:
Authorized Representative: /4X-Z,7 /)/Ivespar
Present Zoning: ORre'41--n7/=/-4-p
cieG- '173 7 80S:
Telephone Y&-..IV'ea 6/€-
Proposed Zoning: RQ,v4=3•5-
Reason for Request: ma ve- 4ccomf??„16- ee5
Ownership Verified:
Scheduled for Planning and Zoning Commission Meeting:
Preliminary and Public Hearing:
Remarks:
Final:
Approved:
Approved:
Remarks:
Scheduled for Borough Assembly:
Assembly Approval:
Remarks:
ROBERT D. PARS
P. O. BOX 988 486 -4737
KQDIAK, ALASKA 99615
235
91/f
89-
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KODIAK BRANCH
THE FIRST NATIONAL BANK
OF ANCHORAGE f f
KODIAK, ALASKA 99615 / �t
1
L 2 S 2000601; 08 2 LIEE
RECEIPT
Received From
Address o �G
AMT. OF
ACCOUNT
AMT. PAID
BALANCE
DUE
]6
KODIAK. ISLAND BOROUGH
Box 1246
Kodiak, Alaska y*a1»
FIRST CLASS MAIL
NOT CE OF PUB C HEARING
The Kodiak Island Borough Planning and Zoning Commission has received a petition from
Parsons/Zimmer/Rasmussen
requesting to rezone from unclassified to Business, USS 3218, Tract "J", Lot
2A, and the unsubdivided portion of USS 32I8
The Kodiak Island Borough Planning and Zoning Commission will hold a Public Hearing
on this matter at 7:30 p.m., Wednesday, October 17, 1979
in the Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak. You are being
notified because you are either the property owner of the above-referenced lots; or
an owner of property within 300 feet of the above-refereoced.property' This will be
the only Public Hearing before the Planning and Zoning Commission on this petition,
and you are invited to appear and voice your opinion. If you cannot attend, you may
submit a written opinion that can be read into the minutes of the Public oeariug'
If you would like to comment on the petition proposal, this form may be used for
your convenience, and returned to the Planning Department.
Further information is available from the Planning Department, telephone 486-5736.
KODIAK ISLAND BOROUGH
Department of Planning and Community Development
Name Address
Legal Description
Comments
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