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ISLAND LAKE BK 3 LT 11 - RezoneKODIAK ISLAND BOROUGH Case No. PLANNING & ZONING REQUEST APPLICATION Date Application Fee Paid Type of Request Rezoning 218-A May 8, 1969 Final Disposition Remarks Description of Land: Addition Block Person Submitting Application P. 0. Box 2338 Mailing Address U. / I M.r Donald J. ARndt" 9, 10, 11,12 2 Covering Letter Submitted Yes Plat Submitted Person or Representative to Attend Meeting Unclassified Present Zoning Proposed Zoning no Mr. Arndt Business Reason for Request of the community. area needed to expand business to keep pace with the growth Approved Remarks Not Approved Remarks Borough Assembly Approval Remarks • --•••: - (7/ - )1.-1 / t • • ., :// e ,0"" A <./.1 C„,_ • KODIAK ISLAND BOROUGH ORDINANCE NUMBER 69-20-0 AN ORDINANCE REZONING LOTS NINE (9), TEN (10), ELEVEN (11) AND TWELVE (12) BLOCK THREE (3) OF U.S. SURVEY NO. 3219 AND LOTS ONE (1) AND TWO (2) BLOCK ONE (1) OF U. S. SURVEY NO. 3463 FROM UNCLASSIFIED TO BUSINESS WHEREAS, AS 07.15.340 empowers the Borough to enact a zoning ordinance and provide for its administration, enforcement and amendment, and WHEREAS, the Kodiak Island Borough has pursuant thereto adopted Chapter 5 of its Code of Ordinance and Resolutions, which provides for planning and zoning provisions and procedures, and WHEREAS, according to the comprehensive planning zoning map adopted by the Kodiak Island Borough, Lots Nine (9), Ten (10), Eleven (11) and Twelve (12) of Block Three (3) of U. S. Survey No. 3219, and Lots One (1) and Two (2) of Block One (1) Miller Point First Addition U.S. Survey No. 3463 are now classified as unclassified and WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has been petitioned by Donald J. Arndt for the reclassification of said property from -unclassified to business and has stated in his petition that he has had a business located in this area for the last four and one-half (4-1/2) years and wishes to expand and the Planning & Zoning Commission having considered the petition and having held a public hearing thereon on May 28, 1969, and having determined that there is need for additional areas for business expansion in the area and that there were no Objections from the surrounding residents who were properly notified o f the public hearing and the rezoning is not contrary to the objectives of the comprehensive plan and it having been determined that the public necessity, convenience, general welfare and good zoning practice requires such reclassification, NOW, THEREFORE, BE IT ORDAINED by the Borough Assembly of the Kodiak Island Borough that Lots Nine (9), Ten (10), Eleven (11) and Twelve (12) of Block three (3) of U. S. Survey No. 3219 and Lots one (1) and Two (2) of Block One (1) Miller Point First Addition U.S. Survey 3463 which are nc,..; classified as unclassified be and the same are hereby reclassified as business and that notice of this Ordinance be given by publication in the Kodiak Mirror ■ Seven (7) days prior to the second reading and thata public hearing be held thereon and that this ordinance become effective at the expiration of thirty ( 0) days after its adoption. First reading and approval date: July 3, 1969 Second reading, & Public Hearing date: July 17, 1969 Passage date: September 4th, 1969 Effective date: October 4th, 1969 KODIAK ISLAND BOROUGH (,) Borough Chairman BY: 'Ftesiding Officer ArrEST: Acting Borough Clerk Page Two, ORDINANCE NO. 69-20-0 add !IVO (2)" of ;Block One ‘.(1) Mi11er' Pcint First edition' U. S . Surv, 1-111Fi1tFM S, the; Kodipk-..2s1anG. oro zgli P] an i ng -and r'oning Ccr`hiSSion has' been 'Petitioned ,by: Donald' J; :Arndt for.,th'e reclassifieation of s"aid; property - from .unclassified to :,business :and has si:ad iii his ;petition that he has had:` a t2siness iocatea in;thts area„Lor ,the last.•.four ar i one -half `(4 -1/2) :years., and wishes. to` :expand and{ theIannric & .Zoning Commission having considered the petition "aril having held ' a -:pub c'' hearing thereon on May, 28; .:1969; : and havir:g . deter_'miried. • that there is neea for adc i ti onal :areas for "busa.ness expansion in ; the , :area ' and that there `were no ob jeotions' 'from the surroi ng . e` "objectives. of ;the' ocariprehensive planyra it_ bavinq been Bete - iii.ned that ,'• Islaiicl Borough -that: Lots -'Nine c, °' oroixgh. ssesrbiy:of .the'Kodiak: en .(10)` ,- Eleven (11) 'and: e1ve ' (12) of 9 :and sots 'one ". (]) • p • „ MBA page 2 4:4 40+0 t'PrO ord. t7s4jc4 ttth ihhite oonsi re atiOns. D. Letter from Chase & Sons re hospital ars. Rajdu read the letter received from Chase & Sons regarding their work correcting deficiencies in the hospital, which was in answer to a Latter from Olsen & Sands. Mts. Hajdu noted that this matter would be settled between the two patties, and no action was required by the Assembly. VI PUBLIC HEARINGS A. 2nd Reading and Public Hearing, Ordinance 69-22-0, Rules of Procedure for P5.E21,1913E3em3lY. Mts. Hajdu asked whethr members from the City had any suggestions to bring forth. Nr. SUtliff stated that the City had not held a council meeting, so therefore, thy wolr,e unprepared t of et: any comment. 14rj...24tagfjpved_thAt. the 2nd Raeling and Public Hearing, Ordinance 69-22-0, Mlles c 7.6.."fffi_..u7Acs:amb1y)2,9 acs. Springhlil se0onded this Vote was trefx-AAmously favor. 0:440tvag that they A. ?„nd Reading and Public Haring Ordinance 69-28-0 SVPleMentai Appropriations and Transf 11116-HajOb. gave backgtOund of this ordinanda, for approval 'a Ordinance 69-28-0,_An Ordinance tis and Transfer=ng Certain-Aparocr tWtiott, thi 1 scws c - *aa tROitintr-004*(1:"ffieN'e was Peve.'a questions divested to the AsaaPhlY from Of? tpaiewl, of which/ the bMrz p objetions, the public hoaxing was 40101• and meeting r-700P%Wav Tho VostiOn was called, end roll pail VOte.Was.unan4p0441, lY in favorT PLAtiNDVAND7ANI1 TI.Ms A, Mefield Pishries' Tideland roc= purposes, ags.171013 rea aette from Port t!iqns aOcepting tideland epplioatim frqm WhWield FiRharieP. Alter s disouesiori, and with Assembly POnc4rrence, mrs. 4S1dt,1 noted that she would write the D. ot ttiL4w that the 33r-rough Abseinb,1 .. oris tO (tgn-MiPUta: rePags; reconvening at 9:30 PM) Donald Agndt RaWning, and 12 Kook U, S. SUrve- 3219, and Lots 1 'and27Dloi*-1 HMillir-POin , OASSif e to Business Ogs,'HOaTrialoTained that Mr. Arndt had questioned the legalitV of the Voting on this issue by Mr. Za7cK atd i., in feet he could vote on the UMW, Mr4.0000411$ Opinion .in Mr: Batt should have ttted and that Mr, Arndt had only to di:.-' his interest in the issue, that be was entitled te his vote, Mr, WW1 Tees of the opiniom that the issue should be re-opamed at the point of tho veting, although ha was not able t quote any Statute in this teforanoe* Woe two rilenbOr8 of the Assembly did not have an opportunitY to b present at the pub.Uc hearing, the Clerk that portion of the tape reoliwuilAW 24-10P the ogetipg or July 23, 1969, After listening to the public hearing/ Piro 004X POtod that t.;'1 ..§7eTtib1v was entering i7:to the issue at the point where the vate was taken. Mr. Arndt deciai:cd ig-Itext in the a, iald, and the rat 004 110.4 !TS, th„-9.7n taken.; Pin Arndt, Navghton„ yes; Mrs. Spring1434„ ye; ;4.r: 00444#f L_ \ WO; Mt' Barr, no raseCtq' T4Otit of 6-1. Or* parr V ,p 1149qg his .epinion that the Asmbiy. May •have twaltett an 4.1.*1 action, 0440 this yight vezy ':1,14. 110 spot zoning, and he alt the Assembly could be challnged. C. J-T2solUtion 69-31-3R ApprovinL2 revised application for 315 funding* Nirs. Hajdu explained the resolution saying that this was a revised aPp401144014 for 815 funding to be applied to constradtion costs of the ne0 high sone04.f_ rather then, East Elementary. After GQMAt discussion, 14s. SpringhiU Awed: the ad tion of Resolution 69•31-JR Ale,„? revised app ice 7 Nr. Nau hton sec° ed _mot= and -* ., 1 vote reV647eduns0404 1,10 OLD bUSINESS A. *We_QuatterS1::VP:e Extension Request 14* Hajdu read a irtemotandum from the Clerk 0-6tting forth reasons giVen by or: extemsion request, She also readStatuOrandUe frOM thilit0tbith Engineer noting revi#4 of the Hanle quarters. Xn oonsidetatiOni some member§ telt he Should be allded ten days, rather than 1 week. Mr. Arndt folt September 9, 1969 Mr. Don Arndt P. O. Boa 2338 Kodiak, Alaska re: rezoning of Lots 9,. 10, 11 & 12, Bik 3, U.S. Survey 3219 and Lots 1 & 2, Blk 1, Miller", Point let Addn. Dear Mr. Arndt: As noted in the attached portion of the Assembly minutes" of September 4th, 1969, the Ordinance No 69-28 -0 rezoning the above referenced lots was approved by the Borough Assembly. At this time 1 am also attachidg a statement in the amount of $25.00 which . covers the filing fee for such rezoning.' Mit basic fee is $20.00 plus one dollar for each additional lot. Should you have any questions please do not hesitate to contact this office. / encls. Very truly yours, Jfa Ha jdn —Borough Chairman September 3, 1969 Attorney advises that since there was an error the vote will have to be retaken.- tax that is all members of the Borough Assembly will vote again. A public hearing will not be necessary, however if the two members who did not hear the comments, the tape of that meeting can be re-run. 410 KODIAK ISLAND BOROUGH MEMORANDUM AUGUST 22, 1969 FROM: Bormgh Chairman TO: Roy Madsen Don Arndt Rezoning The opinion from you dated August 21, 1969, was reviewed at the Borough Assembly meeting of that date. In view of the opinion that Mr. Barr should have voted and that Mr. Arndt could have voted, a re-consideration of the voting has been requested by Mr. Arndt. Can the Borough Assembly take up the case at that particular point and request a reconsideration of the voting or will this have to be re-filed as another request. The Assembly has asked what procedures should be taken on this matter. KIBA 1,1MU2ES page 2 August 21, 1969 VI PUBLIC HEARINGS A. 2nd Reading and Public Hearing, Ordinance no 69-22-0 Rules of Procedure for Borough Assembly. Mrs. Hajdu read the Ordinance by title only. Mrs. Springhill said that the City Council members had received the comments on this ordinance from the City Manager that same day, and neither she nor Mr. Sutliff had had a chance to review them. Mr. Sutliff moved that the Ordinance 69-22-0 be tabled, Mr. Arndt seconded the motion, and it passed unanimously by roll call vote. VII PLANNING & ZONING ITEMS A. Resolution 69-28-R Approving Final Plat of Survey of State Land ADL 39848, Narros Straits, lease by Kcdiak Bible Chapel. Mrs: Hajdu read the resolution an- then gave background material on the application for such lease, saying that the Bible Chapel had applied for the lease from the State for a 55-year term, rather than the 5-year leas C:. if obtained through the Borough. The final plat was studied after which Mt. Arndt moved for the adoption of Resolution 69-28-R, approving final plat of Survey of State Land ADL 39848, Narrow Straits, motion seconded by Mt. SA:4iff, and roll call vote was unanimously in favor. B. Resolution 69,29-R Approving Final Plat of Survey of State Land ADL 36998, Port Lions. Mts. Hajdu read the resolution, explaining that this also was a State lease and that the land was to be used as a sawmill site After some discussion and study of the final plat, Mr. Arndt moved for adoption of Resolution 69-29-R Approving Final Plat of Survey of State Land ADL 36998, Port Lions, Mr. Sutliff seconded the motion, and roll call voting was unanimously in favor. C. Resolution 69-30-R Approving Final Plat of Borrow Site, Bell's Flats, Brechan Mts. Hajdu read the resolution, after which members of the Assembly studied the final plat presented. There was some discussion, followed by Mt. Arndt's motion for adoption of Resolution 69-30-R, approving Final Plat of Borrow Site, Bell's Flats. Mt. Sutliff seconded the motion, and Mts. Springhill, . gave additional background information. There being no objections, the roll was called and voting was unanimously in favor. D. Port Lions 2nd Addition, letter from Division of Lands. Mrs. Hajdu pointed out that she had met with a member of the Port Lions Council, and it was pointed out that the plat of Port Lions did not meet the requirements of the community. She then read the letter from the Ditision of Lands saying that the changes can be made by coning. She stated she disagreed with them on this point. She then stated the discrepancies and a great deal of discussion followed. It was decided that Mrs. Hajdu would write to the Division of Lands and tell them what is necessary to bring this into compliance with the wishes of Port Lions and'to ask for a cost estimate, a copy of this letter will be sent to Port Lions. As scon as information is received from Division of Lands, this will be brought before the AsseMbly. E. 'Ordinance 69-20-0 Rezoning Lots 9, 10, 11 and 12, Bik 3, U. S. Survey 3219, and Lots 1 & 2, Bik 1, Miller Point, 1st Addition, Unclassified to Business, D. Arndt. With reference to Ordinance 69-20-0 Mt. Arndt raised the question if Mts. Hajdu had received a legal opinion from Mr. Madsen as to (1) the legality of Mr. Bair 's abstaining from voting and (2) the legality of a member of the Borough . Assembly voting on a question when indicating they have a financial interest. Mrs. Hajdu said that she had, just before the meeting received the opinion and she then read the opinion. 1) Mt. Barr should not have abstained from voting when he did. 2) The statutes do not prohibit a member of the Assembly from voting, tWjust must declare their interest in the issue. Mrs. Hajdu pointed out that that Mr. Arndt had asked for a reconsideration of the vote, everyone was in agreement, however, it was decided that it would be better to postpone this item unite' the correct procedure was determined. A check will be made with the Borough Attorney. VIII OLD BUSINESS A. Swearing in of Mr. Sutliff •The Clerk administered the Oath of Office to Mr. Sutliff, the new Assemblyman. B. Letter from Division of Lands re proposed Shuyak Timber test-pltht sale. Mrs. Hajdu noted that she had received a letter from Mr. Robert J Simon, Alaska Department of Fish and Game replying to the letter from Division of Lands re proposed Shuyak Timber test-plot sale in which he stated that the Kodiak, Alaska August 21, 1969 Mrs. Jo Hajud, Chairman Kodiak Island Borough P.O. Box 1246 Kodiak, Alaska Dear Jo: This is to acknowledge receipt of your letter of August 15 in which you.enclosed Page 2 of the Assembly Minutes of July 23, 1969, in which Mr. Arndt has questioned the legality of Mr. Barrs abstaining from voting and ask for my advice. Please be advised as follows: Section 07.20.070 of the Alaska Statutes which has to do with the procedure of Borough Assemblys provides in Sub-Section C that the final vote on each ordinance or resolution shall be by roll call and the ayes and nays shall be recorded in the journal. No action of the Assembly is valid or binding unless adopted by a majority vote of all the votes to which the Assembly is entitled on the question. In Chapter 4 of Antieau on Municipal Corporation Law it is stated that although occasionally statutory and charter requirements that yea and nay votes be taken and recorded are deemed only directory, by the majority view they are mandatory. The preferred view and the reason therefor were well indicated by Justice Cooley who said: "There can be no doubt that the provision of the statute which requires those votes to be entered at large on the minutes was designed to accomplish an important public purpose, and that it cannot be regarded as immaterial, nor its observance dispensed with. The purpose, among other things, is to make the members of the common council feel the responsi- bility of their action when these important measures are upon their passage, and to compel each member to bear his share in the responsibility, by a record of his action which should not afterwards be open to dispute." Antieau also'states that silence is frequently said to be regarded as voting affirmatively and that members not voting are Page One, deemed to have acquiesced in the action of a_,majority; however, since our statute specifically requires votes to be registered and requires a majority vote of all votes to which the Assembly is entitled it is my opinion that a person cannot abstain. Answering the second part of your question, it is also stated as a general rule of law that a direct' interest in-the subject matter under consideration will disqualify a member of a municipal governing body from voting. Thus, the New. Jersey court states: "Public policy forbids the sustaining of municipal action founded on the vote of a member of the municipal governing body in any matter before it which directly or immediately affects him individually. If the member of the governing body had an interest in the subject matter of the enactment, there is automatic dis- qualification, and it does not matter what the voters motives were. The purpose of the rule is to prevent the possiblity of an official in a position of self interest being influenced thereby to deviate from his sworn duty to be guided only by the public interest in voting as such official. The only provision in our law concerning personal interest is contained in Section 07.25.070 which states that any Borough officer or employee who has a financial interest, direct or indirect, or by reason of ownership of stock in any corporation, in any contract with the Borough or in the sale of any land, material, supplies or services to the Borough or to a contractor supplying the Borough, shall make known that interest. This statute does not specifically prohibit a Borough officer from voting nor does the statute on procedure provide for any disqualification; however,it does provide that the Assembly may determine its own rules and it would therefore be my opin -ion that the Assembly is bound by the statutes enacted by. the legislature and although they may adopt their own rules they cannot adopt any which are in conflict or at variance with the state statutes and Page Two the state statute not having'provided for this situation.any rule adopted by the Borough,prohibiting a person from voting or attempti to disqualify a person would be open to question. Very trul you R At torn- at Law Minutes .19 July 23, 1969 page 2 C. Ordinance 69-20-0 rezoning Lots 9, 10, 11 and 12, Elk. 3,-U. S. Survey 3219, and Lots 1 & 2, Blk. 1, Miller Point, 1st Addition, Unclassified to Business, D. Arndt. (Note; Arrival of Mr. Naughton) Mrs. Hajdu read the ordinance in full, after which Mr. Arndt inquired if Mrs. Hajdu had clarified the question of his vote on this issue. She replied. that she had checked with Mr. Madsen and he advised her that Mr. • Arndt would be required to vote in the case if protests from people owning 20% of the property imediately abutting, surrounding or adjacent to Mt. Arndt's property in question. A petition for rejection of rezoning was read into the record consisting of 15 signatures and the map was studied to locate this property and surrounding properties. It was determined that there was not a protest from the owners of 20% of the required area. Mrs.1Springhill moved for adoption of 69-20-0 Rezoning Lots 9, 10, 11 and 12, Bik. U. S. Survey 3219, and. Lots 1,& 2, Blk.417Moint, 1st2Zaition, Unclassified to Business, E. Arndt. Mt. Naughton seconded the motion, and the.neeting Was closed, pub.Lic nearing opened, at which time opinions from the audience were heard. A representative from the Island Lake area said that it was the general opinion of home owners in that inmediate area that this business expansion would down-grade the property and the overall area; that this area was no place for commercial zoning. Another interested person said he certainly had no objection to this rezoning request and that he lived at Island Lake. One person raised the question of "spot zoning, and isn't the Borough trying to eliminate this The public hearing was closed, meeting reopened, and discussion followed. Mr. Bullock felt that to allow this to be. rezoned .as husie,s could be in conflict with the comprehensive plan and would be classified as "spot zoning," something that whould be avoided. It was noted that if this were rezoned to business, there could be no trailers allowed. Mr. Arndt felt that he needed this rezoning to expand his present business. The question was called. Mr. Barr arrived at this point and asked if he could refrain from voting, since he had not heard the public comments. The Chair so ruled. Roll call vote was as follows Mts. Springhill, yes; Mt. Naughton, yes; and Mt. Bullock, No Motion failed for lack of a majority. Mr. Arndt abstained from voting. The vote was 3-2. .----.Qrdinance 69-23-0 Rezoning U. S. Surveys 3471, 3472, 3473 and 3474, Con- servation to Unclassified (P&Z). Mrs. Hajdu read the ordinance and noted that this was a "housekeeping" item. Mts. Springhill moved for adoption of Ordinance 69-23-0 rezoning U. S. Sur- veys 3471, 3472 3473, and 3474, Conservation to Unclassified, followed by Mr. Naughton's second. Meeting closed and public hearing opened. There being no comment, the public hearing closed and meeting reopened. Mt. Barr pointed out that if we did this, we would then have to allow people to subdivide, and we cannot do that since there are no utility services provided in that area, and this would conflict with the ordinances. , he felt that we should encourage these people to seek exceptions to the present zoning, thereby, eliminating future problems with subdividing. The question was called, and the roll call vote was Arndt, yes; Barr, no; Bullock, no; Naughton, no; Springhill, yes. The Notion failed (4-3). Mt. Barr moved that the Chairman prepare a Variance reducing a set-back to 50 feet. Mts. Hajdu noted thatA Resolution will be drawn to that effect. Mr. ARndt seconded the motion, the question was called, and roll call vote was unanimously in favor. L. Ordinance 69-24-0 rezoning Lots 7 and 8, Elk. 48, East Addn, R-1 to Unclassified, h. Deville. Mr, Hajdu read the ordinance, Mt. Barr moved for approval of Ordinance 69-24-0 rezoning Lots 7 and 8, Blk, 48, Last Addn., R-1 to Unclassified, H. Deville, in second reading. Mt. Naughton seconded the motion, and the meeting closed, public hearing was opened. There were torments about enforcement of -storage of crab pots in the area, and if these were zoned unclassified, was there anything the Borough could do to insure orderly storage of crab pots. The Borough Chairman pointed out that the Borough cannot enforce the manner in which storage is made. The public hearing closed and meeting opened. Mt. Arndt'asked to abstain from voting since he has an interest in the property in the area. It was so granted by the Chair. The question was called, and roll call vote was unanimously in favor. KODIAK ISLAND BOROUGH : PLANNING & ZONING COMMISSION BOROUGH ASSEMBLY Rezoning U. S. Survey 3219, Bik 3, Lots 9, 10, 11 and12, U. S. Survey 3463, Bik 1, Lots 1& 2 (Case 218-A) D. Arndt. Unclassified to Business The Planning & Zoning Commission after a public hearing on the above rezoning, June llth, 1969, voted to rezone this area. At the public hearing no objections were voiced from the residents of the surrounding area and all had received notice of the public hearing. The Attorney's opinion indicated that if rezoned to business it would fit in with the business already established in that area. Although this will not necessarily fit in with the comprehensive plan, it was felt that there is a need for additional areas for business expansion in the outlying area. /n 1C.I.B Minutes (Cont 'd.) July 3, 1969 page 3 (5-minute recess) The meeting reconvened at 9:10. Mrs. Hajdu introduced iir. Tom Harrison, the new Borough Assessor, and his wife to the Assembly at this time. VII PLANNING AND ZONING ITEMS A. 1st Reading Ordinance 69-19-0 rezoning Lot 11, U. S. Survey 3098, Public to Unclassified, P&Z (Case 214-A). Mts. Hajdu read the ordinance, Mr. Barr moved for adoption in 1st reading, Mrs. Springhill seconded, and roll call vote was unanimously in favor B. 1st Reading Ordinance 69-20-0, rezoning Lots 9, 10, 11 and 12, Blk. 3, U. S. Survey 3219 and Lots 1 & 2, Blk. 1, Miller Point 1st Addn., Unclassified to Business, D. Arndt (Case 218-A). Mrs. Springhill moved for adoption in 1st reading, iir. Barr seconded, and roll call vote was unanimously in favor (6-1), with the exception of Nr. Arndt who abstained. C. 1st Reading Ordinance 69-23-0, rezoning U. S. Surveys 3471, 3472, 3473 and 3474, Conservation to Unclassified, P&Z, (Case 219.A). Mrs. Hajdu read ordinance by title only, Mr. Barr moved for adoption of Ordinance 69-23-0 in first reading, Mts. Springhill seconded, and roll call vote was unanimously in favor in 1st reading. D. 1st Reading Ordinance 69-24-0, rezoning Lots 7 & 8, Blk. 48, East Addn, R-1 to Unclassified, H. Deville, (Case 217-A). Mrs. Hajdu read the ordinance by title only, Mrs. Springhill moved for adoption or Ordinance 69-24-0 in first reading, Mr. Naughton seconded. Roll call vote was unanimously in favor. E. Resolution No. 69-20-R. Approving Final Plat of Port Lions, 2nd Addn., State (Case 195-A). Mrs. Hajdu read the resolution, Don Arndt moved for approval, subject to the consent of the Port Lions Council, the question was called for and roll call vote was unanimously in favor. VIII OLD BUSINESS A. Reconsideration of 1969-70 budget. With regard to the purchase of needed office machines, Mts. Hajdu read= Opinion from Mt. Madsen which stated that the Borough cannot contract this indebtedness over a a-year period without voter approval. Mrs. Hajdu went on to say the .only other way we could get these machines is to decrease the hospital reserve. It was requested that Mrs. Hajdu check with Mr. Madsen to see if we could secure a loan for a 1-year period, and if not, then we would have to use funds from the hospital reserve. in the meantime the AsSeMhly Concurred that the order for the machines should be p ce There was some discussibn of the matter of the Building Inspector position. Mks. Hajdu read her recommendations made to the Appeals Board, along with their concurrences or non-concurrences, and said that she thought the office of full-time Bldg. Inspector ought to be retained in order to continue an orderly ----development inside and outside the City, and the money should be budgeted for that office. She brought out the points that this could very well affect our insurance rates and lending capacity, as well as federally funded_pregrams. After a great deal of discussion, it was decided to table this matter til the next meeting. B. Clarification of AsseMbly's Intent on Ordinance 69-29-0 re Tax Deferment for Senior Citizens. There was some question as to whether this ordinance might limit the income to $3,000 per family, $3,000 each, or head of the household. Everyone was in concurrance it should be interpreted to mean $3,000 total, man and wife. C. Discussion of Proposed Ordinance for Dog Control. Mr. Barr had the follow- ing changes to propose: Section 1. Village or City Control: Write a section saying that within five miles of any village or city, village or city council may request Borough control or with Assembly approval, may request delegation for village or city control. Section 2: $5.00 fee for each dog, $10.00 for each unspayed female. Section 5: Licensed dogs may be up upon complaint. Section 7: Empoundment Fee: Initial payment of $5.00 per day. Section 9H: Any known or suspected rabid dcg. • (5-minute recess) The meeting reconvened at 11:05 P11. D. Re-affirm Amount for Minimum Contract Requiring Bids. Mks. Hajdu noted that the amount in the City charter is $500. Discussion followed, after which Mts. Springhill suggested going ahead and using the $2,500 figure, but anything in .excess of $500 be approved by the AsseMbly. This will be made part of the ordinance. TO ROY FROM ---,KODIAK- ISLAND -BOROUGH • - P. O. BOX 1246 KODIAK, ALASKA 99615 SUBJECT: FOLD PREPARATION OF ORDINANCE 69--20--0 Rezoning Blk 3, Lots 9, 10, 11 and 12, U.S. Survey 3219 and DATE. 7/1/69 Lots 1 & 2, Blk 1, Mil4er Point 1st Addn. - Unclassified to Business Please prepare the above ordinance in time for the July 3rd Assembly meeting, Thanks! PLEASE REPLY TO SIGNED Norma DATE SIGNED RETURN THIS COPY TO SENDER Borough Assembly Minutes of June 30 (contd.) page 2 VI PUBLIC BEARINGS • A. Continued Public Hearing Ordinance 69-8-0 Borrow Site Ordinance The Presiding Officer read the ordinance, then opened it to the public hearing. There was some discussion from the audience on this ordinance. Mr. Barr added that he thought the Borough is receiving too little per cubic foot and that the price should be raised. He also felt some provision should be made to leave the area in a clean condition when the contractor is through with it. The public hearing was closed and meeting reopened. Mr. Barr made a motion that Section 7.71 1 (b) be changed to read, "a charge of 25 per cu. yd. be made in excess of 5,000 cu. yds. Mrs. Springhill seconded the motion, and the roll call vote was unanimous. The auestion was again raised on a comple- tion bond requirement to inseee tha clean-up clause in the ordinance. A check will be made with the insurance company and the Borough attorney. Mt. Barr moved to te3le this ectien until July 3rd at which time the public hearing will be re-opened aft: adaaztising. It was seconded by Mrs. Spring- hill, and the motion p=eed le: U71F71MD11.3 voice vote. B. 2nd Reading a.:d Pc!)lic He-eing Oedjneece 69-10-0 Ratifying resolution Ordinance was read by title ceit.y. Mr. Barr moved for approval of Ordinance 69-10-0, Mr. Arndt seconded. The meeting was closed and public hearing opened. It was noted this was only a "house cleaning" ordinance, as previously a resolution was passed when in fact an ordinance should have been drawn. The public hearing was closed and the meeting reopened. The question was called for, and notion passed by unanimous roll call vote. VII PLANNING & ZONING ITEMS A. Approval of Open to Entry Recommendations The recommendations from P&Z were read listing additional lands, and the map of the proposed areas were studied. Mt. Barr moved and Mrs. Springhill seconded that this be tabled until information can be obtained from the Division of Lands concerning land in the proposed "open to entry' area that is privately cwned or presently being leased. The motion passed by unanimous voice vote. LB. Rezoning U. S. Survey 3219, Blk. 3, Lots 9, 10, 11 and 12, Miller Point, 1st Addn., Blk, 1, Lots 1 & 2, Don Arndt (Case 218-P) Unclassified to Business. Mrs. Springhill moved andIqr. Barr seconded that an ordinance be drawn; approval was unanimous. C. Rezoning U. S. Survey 3098, Lot 11 from Public to Unclassified, P&Z (Case 214eAl Mr. Barr moved, and Mrs. Springhill seconded the motion that an ordinance be drawn; it was enanjuously approved. VIII OLD BUSINESS A. Set date for continuation of 1968 Supplemental Real BOE. It was decided that this item would be tabled for July 3 meeting, and a date for the continuation will be set at that time. B. 1st Reading, after amendmant, Ordinance 69-7-0, Minimum Contract Re- quiring Bid. This ordinance was read, Mr. Barr moved for approval of Ord- inance 69-7-0 in first reading, Mr. Naughton seconded, and the motion passed unanimously by roll call vote. It was requested, however, that the Clerk recheck the minimum conteact bid figure again with the City. IX MI,7 BUSINESS A. Emergency Ordinance No. 69-14-E0 Controlling Fireworks. The ordie-eee eee rsal, howeeer, iteree -,.7:ented out that State law encom- passes this particular problem, and since State law supercedes Emergency Ordinance, we will abide by State law. B. 1st Reading, Ordinance 69-15-0 Amending Chapter 6, Disposal of Real Property. Mr. Bullock read this ordinance, Mr. Barr moved for approval of Ordinance 69-15-0 in first reading, Mrs. Springhill seconded,and the motion was unanimously approved by roll call vote. C. Resolution 69-18-R /Amending Resolution 68-38-R re Person to Enforce Foreclosure. Mr. Bullock reed the resolution, Mrs. Springhill moved for adoption of Resolution 69-18-R amending Resolution 68-38-R regarding person to enforce foreclosure. Mr. Barr seconded, and the resolution was unanimously approved by roll call vote. KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION - JUNE llth, 1969 I CALL TO ORDER The meeting was called to order. by Chaildt.n.Jchn Waller at 7:30 p.m. in the Courtrrom of the State Office Building, Kodiak, Alaska II ROLL CALL - Present John Waller, Chairman Wilda Gellis John Welch Harry Wallace Ed Haney Also Present J. S. Stansbury Approximately eight people in the audience III miNuTes OF PREVIOUS MEETING A. Regular Meeting - May 28th, 1969 B. Work Session - June 4th, 1969 - Mr. Haney moved for approval of the minutes as presented, seconded by Mr. Wallace, motion passed by unanimous voice vote. IV R MINUTES al I Assembly - regular meeting - June 5th, 1969 - There were no comments V COMMUNICATIONS AND CORRESPONDENCE - NONE VI PUBLIC HEARINGS A. Variance Request, U. S. Survey 3101, Lot 10, Omlid (Case 216-A) because of a drop- off on the lot it was requested to build 25 feet back from the road right of way. Nr. Haney moved for approval of the variance request on Case 216-A, seconded by Mts. Gellis. The meeting was closed and the public hearing opened. Mr. Omlid stated that it would be far too costly to build back 50 feet as fequired by ordinance due to the large drop-off. There were no objections to this variance voiced by residents in the area. The public hearing was closed and the question called for; motion passed by unanimous sroll call vote. This variance would fit in with the comprehensive plan and not granting it would place undue hardship on the builders and the area. B. Exception request, U. S. Survey 3101, Lot 10, Omlid (Case 216-B). Requested in order that a tri-plex may be built in this area as it is now zoned unclassified and calls for one or two family dwellings. Mr. Haney moved for the approval of the exception on Case 216-B, seconded by Mr. Welch. The meeting was closed and the public hearing opened. 11r. Omlid stated that they would build two small one,- bedroom apartments downstairs and the owner-occupied apartment upstairs. He further stated that there is ample parking area for the three apartments on the sides of the building: There were no objections from the people in the immediate area The public hearing was closed and the meeting reconvened. The question was called for and the motion passed by unanimous roll call vote. This would also fit in with the comprehensive plan as the area is scheduled for medium density in the 1999 land use plan and there is a need for additional housing in the Kodiak area C. Rezcning U. S. Survey 3219, Bik 3, Lots 9, 10, 11 and 12, U. S. Survey 3463, Bik 1, Lots 1 & 2, Arndt (Case 218-A). The request was made due to the need for expansion of the business and warehouses now presently located in the area. The Attcrney's opinion was read stating that if zoned business, it would fit in with the business area already established there. Mr. Haney moved for the approval of the rezoning on Case 218-A, seconded by Mts. Gellis. The meeting was closed and the public hearing opened. There were no comments from the audience and no objections had been forth- , coming in the mail. The public hearing was closed and the meeting reconvened. The question was called for and the motion passed by unanimous roll call vote. Although this will not necessarily fit in with the comprehensive plan, it was felt that there is an need for additional areas for business expansion that is presently in that area and further there had been no objections for the surrounding residuag • D. Rezoning U. S. Survey 3098, Lot 11 from Public to Unclassified (Case 214-A) P&Z. This is a City owned lot, however it is being leased to a private concern and the concern has requested that permission be given to place a trailer there as watdh- man's quarters primarily to protect the large invesLitent in airplanes and to ]1 ate the flow of traffic for safety purposes. Mt. Haney moved for the approval of rezoning on Lot 11, seconded by Mrs. Gellis. The meeting was closed and the public hearinened. It was stated that the City had voiced no objections to this being rezoned but did not want to ,islitiate the rezoning. This rezoning would bring the lot into the same zoning category as the two on either side of Lot 11. There being no comments from the audience the public hearing was closed and the meeting reconvened. The question was called for and the motion passed by unanimous RCLL call. vote. It was felt that there was a large amount of investment here and a watchman's quarters should be on the grounds for protection. KODIAK ISLAND BOROUGH Jo: I goofed! somehow forgot one block of people for notification of P&Z public hearing on the rezoning for. Don; Arndt. ' However, people signing the petition against this rezoning (a number comprise 20% of the acreage immediately adjacent to the proposed rezoned are) and this can't be rezoned without an ordinance being drawn up and another public hearing being held ,on that rezoning. . Do you-wish to to have me Mail,out moreiletterjtoday or wait until we see what the decision of the Assembly is at this meeting tonight? il 11 „iv /Nl'r rl'AA In figuring the percentage I took th3 area immediatelyliturroundinge- Arndt's property and then 20% of that area - would be 242,365 sq. involved and the 20% needed is 48,473 which is taken care of as you Aj..,\ can see by the penciled markings on the margin on the petition PETITION FOR REJECTION OF COMMERCIAL ei/OR MULTIPLE DWELLING ZONING We, the undersigned, property owners in the Island Lake Subdivision do hereby petition that the following lots be zoned R-1 Residential only and that applications for permits to place mobile homes 4/or to construct commercial buildings on these lots be rejected. Said lots are currently owned by,Donald Arndt. 1. Lots 9, 10, 11,12,-US Survey #3219, Block 3, Island Lake Subdivision. 2. Lots 1 and 2, Block 1, Miller Point First Addn. R 5 r DP-44 .4. c/-< e 2 r IGN'URh ADDRESS ' PETITION FOR REJECTION OF COMMERCIAL 4. /OR MULTIPLE DWELLING ZONING We, the undersigned, property owners in the Island Lake Subdivision do hereby petition that the following lote zoned R -1 Residential.. only and that applications for permits to''Slace mobile homes /or .to construct commercial buildings on these lots be,rejected. Said lots, are currently owned,by Donald Arndt. - .1. , Lots 9, 10, 11,12, US Survey'#321,9, Block ,3, Island�Lake Subdivision. 2. Lots' 1 . and-2, :B1ock 1, Miller Point: First Ad n.: . SIGNATURE ADDRESS' `7 3�Qad� rdL L �d( 74 u�% Arlk 170, A °K 25,%3 // . Z 44.4 ;gip- .e/.2/ PETITION FOR REJECTION OF COMMERCIAL $ /OR MULTIPLE:-DWELLING ZONING • We, the undersigned, property owners-ii the Island Lake Subdivision: 'do hereby petition that the following'Iot;,be zoned R -1 Residential only and that applications for permits to 151ace mobile homes - /mr on these .lots be. rejected. Said - ots are currently owned ,by Donald Arndt. • PLANNING & ZONING COPEITSSION - MAY 28th, 1969 forty feet. An exception was requested in order to build a three-131ex with two small efficiency one-bedroom apartments downstairs and owner-occupied aparLinent on second floor. There will be sufficient parking area to accommodate these apart- ments. The Comprehensive Plan and maps were studied and there would be no conflict in this area. Mts. Gellis moved that a public hearing be held on the Variance Request and the Exception Request by Mr. Omlid, seconded by Mr. Wallace, motion passed by unanimous voice vote. E. Rezoning U. S. Survey 3219, Bik 3, Lots 9, 10, 11 and 12; U. S. Survey 3463, Bik 1, Lots 1 & 2, D. Arndt (Case 218-11 ), Unclassified to Business. This case • has not been reviewed by the Borough Attorney at yet, however Mt. Arndt was in the audience and explained to the Commission that there was a need here for extra , warehouses and his bu:.ness was expanding. He further said that the other people in the area have no objections to this being rezoned. Mrs. Gellis moved that a public hearing be held for the rezoning of U. S. Survey 3219, Blk 3, Lots 9, 10, 11 and 12, U. S. Survey 3463, Blk 1, Lots 1 fl 2, (Case 218-A), seconded by Mr. Welch. Motion passed by unanimous roll call vote. F. Rezoning, U. S. Survey 3098, Lot 11 from Public to Unclassified, SCAT (Case 214-A). A letter from Gil Jarvela was read stating that the rezoning was requested to enable the South Central Air Taxi to place a trailer on the lot for the purpose of temporary living quarters to serve as a watchman's residence. If the business expands as expected the company will be purchasing the lot for further expansion. The Borough Attorney advised that the City as the owner had not signed the petition for rezoning and that the Commission might consider the request under Section 10 (B) (5) (c) Service Recreational uses. In discussion it was felt by the Commission that it would be better rezoned on P&Z initiative and further pointed out that the City had voiced no objections to having this rezoned. This rezoning would bring Lot 11 in line with the adjoining lots which are also Unclassified. Mt. Wallace moved that U. S. Survey 3098, Lot 11, be rezoned from Public to Unclassified on P&Z initiative and that a public} hearing be held, seconded by Mt. Welch. Motion passed by unanimous roll call vote. 2 H. Establish Policy for Trailers in R-2 Zones. Since trailers have been permitted only in unclassified areas before the Assembly requested that a policy be established concerning trailers in an R-2 zone in order that each individual request will not have to be referred directly to the Borough AsseMbly. During the discussion many points were brought out - whether to allow the trailer in the R-2 zone with the stipulation that it was for temporary residence until permanent house could be built and that wihtin 90 days after the trailer was moved on the property should be cleared. Another suggestion was that 90 days after a complaint had been received from the neighbors the trailer would be requested to be moved. Again it was noted that the trailer permits are only issued for a one year period. In an Unclassified area there is allowance for R-2 and R71 dwellings so in referring to an R-2 zone there is little difference. Mr. Wallace moved that this item be tabled until future work session could be taken up, seconded by Mrs. Gellis, motion passed by unanimous roll call vote. VIII SUBDIVISIONS, PRELIMINARY A. Review of Preliminary Plat Killarney Hills. The letter of May 1, 1969 from City was read setting forth items that they requested to be changed in the final plat. These items are the same that the Borough Engineer first set forth in the memo of April 8, 1969. Mr. Best had indicated that all the changes would be made in the final plat with the exception of the size of Lot 1 & 16 of Block 5. The Borough. Engineer indicated by telephone this date that the City still requested the changes be made. The map was studied and after further discussion Mr. Wallace moved that the Borough Engineer's recommendations on changes were to be incorporated in the final plat, seconded by Mrs. Gellis. Motion passed by unanimous roll call vote. IX SUBDIVISIONS FINAL -NONE X OLD BUSINESS A. Junk Yard Ordinance - Review. The Anchorage Junk Yard Ordinance has been received and reviewed by the Building Inspector, who recommended that item #7 be deleted, regarding the suitability of the applicant and suggested that the ordinance should include penalty for violation and enforcement procedure. Mt. Stansbury was asked what method of enforcing the City uses. It was noted that every year there is a spring clean-up campaign and that people are served notice of junk in the yards, two weeks times is allowed for removal of the junk. A check is made at the end of the two-week period and usaally the people have complied with the requests. The penalty for non-compliance is a fine up to $300 or 30 days, FROM TO ROY )' )DIAK ISLAND BOROUGH P. O. BOX 1246 KODIAK ALASKA 99615 SUBJECT: FOLD 4 Rezoning, USS 3219, Blk 3, lots 9, 10,11 and 12 USS 3463, ELK 1, Lots 1 & 2 DATE: 5/9/69 Please review for P &Z meeting of May 28th, 1969. Thanks! PLEASE REPLY TO SIGNED Norma DATE C\ Q (� ‘L° SIGNED RETURN THIS COPY TO ENDER May 7, 1969 Planning and Zoning Kodiak Island Borough Box 1246 Kodiak, Alaska Gentlemen: I wish to have rezoned from unclassified to business the following. lots: #9, 10, 11, 12 U. S. Survey 3219, Block Three #1, 2, U. S. Survey 3463, Block One I have been in business at this location for the past four and one half years, and I wish to build another warehouse which would be an addition to an existing building, one of three located on the property. To stay within the present ordinance, I respectfully request this property be rezoned. Mr. Arthur Zimmer, who owns Lot 12A of Block 2, has no ob- jection to having his lot rezoned business also. These parcels of land adjoin one another and make a combined unit of about three and one half acres. It is vital to my business to have the land rezoned because I must expand to keep pace with the growing community of Kodiak. DA /ds Kodiak Island Borough KODIAK, ALASKA RECEIVED PM NM Very truly yours, To P. 0. Box 2338 Address 9/11/69 Dote 19 Mr. Don Arndt City Kodiak, Alaska Filing Fee for Rezoning lots 9, 10, 11 & 12 • USS 3219 -& Lots 1&2 -Miller Pnt 1st addn $ 25.O . . . . . , , . . . Redifirm 81C 882 STATEMENT 25.00 UNITED STATES OF AMERICA State of Alaska ••• . 4 - • ,5" • NOTICE OF , ssiiwu Y MEETING NOTICE IS HEREBY GIV- EN: THAT THE REGULAR ASSEMBLY MEETING OF JULY 17 IS CONTINUED TO JULY 23, 1969, SEVEN THIR- TY O'CLOCK IN THE COURTROOM OF THE STATE OFFICE BUILDING. PUBLIC HEARINGS WILL BE HELD ON THE FOL- LOWING ORDINANCES: ' ORDINANCE 69-8-0 BORROW SITES ORDINANCE 69-19-0 REZONING LOT 11, U. . SURVEY 3098 'ORDINANCE 69-20-0 REZONING LOTS 9, 10, 11 and 12, BLK 3, U. S. 'SURVEY 3219, AND . LOTS 1 & 2, BLK 1, MIL- POINT 1st ADDN. ORDINANCE 69-23-0 REZONING U. S. SUR- VEYS 3471, 3472, 3473 AND 3474 • ORDINANCE 69-24-0 4 REZONING LOTS 7 & 8, BLK, 48, EAST ADDN. ORDINANCE 69-15-0 AMENDING CHAPTER 6, DISPOSAL OF REAL "PROPERTY 'ORDINANCE 69-16-0 1969-70 io!RE SERVICE DISTRICT BUDGET ORDINANCE 69-7-0 MINIMUM AMT FOR CONTRACT REQUIR- ,', ,ING BID , ALL INTERESTED PER- SONS WILL BE GIVEN AN OPPORTUNITY TO BE HEARD AFTER WHICH THE ASSEMBLY MAY ADOPT OR REJECT THE ORDINANCES WITH OR WITHOUT AMENDMENTS. DATED: JULY 18th, 1969 KODIAK ISLAND BOROUGH NORMA L. HOLT ACTING CLERK Z, Publish: July 21, 1969 ,Pablishers.fflfidavit, 8, Wayne Kotula, being first duly sworri, depose and say; 1 am editor and publisher of the Kodiak MIRROR, a daily newspaper', published at Kodiak, Third Judicial Divif sion, State of Alaska, and that the annexed printed notice was published in said news- paper in issues of the following dates: S. Wayne Kotula SUBSCRIBED and SWORN to before me )-• this — day of ---"" 19 NOIARY PUBLIC in and for the State of Alaska. _ 7 / My Commission expires - Mr. Thomas M. Anderson Box 2593 - KODIAK Mr. Nicholas Anderson Route No 4, Box 701 Paulsbo WASHINGTON 98370 Mr. Eric Graner % Jensen, Box 6087 Airport Annex Anchorage, ALASKA Mr. Gene Dinkel Box 2552 KODIAK Mr. James Wheeler Box 2135 KODIAK Mr. Vance Christian Box 2577 KODIAK Ord. 69 --20 -0 Mr. Don Arndt Box 2338 .. KODIAK Mr. Daniel Enssl:in Box 347 KODIAK Nt. William McI,inn Box 551 KODIAK A. & H. Construction Co. Box 2338 KODIAK Mr. Jack Alexander Mr. Stuart Berry . Box 2291 KODIAK Mr. August Pedersen Box 2873 KODIAK Mr. Ray Sentard`/ Box 2049 KODIAK Mr. Herman Gillilan Box 54 KODIAK Mr. Art Ziemer Box 1582 KODIAK • Kodiak Motors Lax 926 KODIAK Mr. Don Ercban Box 394 KODIAK Mr. Leonard P. Schultz 1510 30th Place Anchorage ALASKA Mr. James Wheeler Box 2136 KODIAK Notices sent on 7 -17 -69 to the above for Assembly meeting and public hearing to be held on 7- 23 -69. Mr. Huey Deville .Box 2575, Kodiak UNITED STATES OF AMERICA SS: j State of Alaska 17:41713 TI All c1t.izr±i and vofers ,14 a'It015IA'k-,18LANic)3ciRiP tecove4,:;.; Third :trltt, State pf.,Aititkg,.zitti,3 .,„13,etrepz,f notified'' that an tile (17tivi day.qf JuW, 1909,. at' *itett-etblirtY p.rn. in the Df44;,;'.4 ktrict„ CmirtrOmri of the New State -;,O1fidivi3uif "*" diak, lllaska, a public be �n ,..?2,;4■ 0 c,:SW INANCE ;69;`,040 'enilifiA B.MTOW ' rie6144, fiXANtf: 66.494;;/, coning 1,6411i,-Itit" -11,ey 3o681Publi t4 #46 Via: fzi2Z 'dviiiiiie 69-20, zen....w; i Loth 9;': 'lb; if Of 12, I falitl,: li,..' 'a Survey 'MO'. t t,if ki, tut i - i`t.i&.,':." az.p. 6 , , , -,4 ' 4.-'' Point - lst Addit.i.,"-V441A tisiified -t:6 ' t,,-.",, -47.-4,14V,•:.;:y., Vf:iii , I ' e`ysc,, g:2: t7t4;1-4:.:9151,847,tt' 6{66,11.§0, • , , 7 .?,-, , r .L•iitr _ :: On _;r10 F cias,4 ...,, n_. Ordinance '494 Zj 44.: Re40,,,,, • .. g1.4.s.7.8t:8; ilk. 444g,- ci , 4 ' :::uncWgiti .•'`I ; !, Ht)HrDtteilinalgeni,:Chapter e_ t,i.9aeti-;r- :., ,14,.,. '-p-t- H. 0 ,f;•;•-,, • 6, Dis- l' Of Re at 51)4 1 6,iie4: so-7„-?. itr-E4,,oto0,1.,,,,,, eitliiiiii.aei,inar:c7lifini Bid anee- 89-164 :4(coh- ,f, • ''' .1';1! ^ 4`'''' 012'• •::,60),: ,c....rojiii 19601 •-t..i....! '''' kyseivice,Ty*fiev lc, gt '''' ..vgji.12.,it.,lviygPte,S.Ctreiiie'q' q. :u iii AgeiiiWls ,w1, It coliddef, th6.‘,:bldinance Oii:id may adopt it withivr4) :I.. •N'ilikikiilt aihendicieiii,10-,:-.46,43 4get, it. , d:-.,,this.:'1,::' _ ; 969::_z QDIAK',: IS .- BOROUGH ' 414:;‘,. 17 II It - OrMa .' , Ho 1t '14 Actihg,Clerk 4 Publishers Affidavit . •••,;' • ..i,'"!")- • .S. Wayne Kotula, being first duly sworn, ;4. depose and say: I am editor and publisher of the Kodiak MIRROR, a daily newspaper published at Kodiak, Third Judicial Divi- sion, State of Alaska, and that the annexed • ' printed notice was published in said hews= paper in issues of the following dates: -July 1 • SUBSCRIBED and SWORN t�, before me this 27f2) day o NqT of 'Alaska. My COmmission expires 647- C In and for the State • NOTICE OF PUBLIC HEAPING ON ORDINANCE AIL CITIZENS AND VOTERS OF THE KODIAK ISLAND BOROUGH, Third Judicial District, State of Alaska, are hereby notified that on the 17th day of July, 1969, at seven-thirty o'clock p.m. in the District Courtroom of the new State Office Building, Kodiak, Alaska, a public hearing will be held on the following proposed ordinances; Ordinance 69-8-0 Amending Borrow Site Ordinance (Assembly) Ordinance 69-19-0 rezoning Lot 11, U. S. Survey 3098, Public to Unclassi- fied (P&Z) (Case 214-A) Ordinance 69-20-0, rezoning Lots 9, 10, 11 and 12, Blk. 3, U. S. Survey 1 3219, and Lots 1 & 2, Blk. 1, Miller Point 1st Addn., Unclassified to Business, D. Arndt Ordinance 69-23-0 rezoning U. S. Surveys 3471, 3472, 3473 and 3474, Con- servation to Unclassified (P&Z) Ordinance 69-24-0, rezoning Lots 7 and 8, Blk. 48, East Addn., R-1 to Unclassified, h. Deville Ordinance 69-15-0 amending Chapter 6, Disposal of Real Property (Assembly) All persons interested shall have an opportunity to be heard and after the hearing the Borough Assembly will consider the ordinances and may adopt them with or without amendment or reject them. Dated: This 10th day of July, 1969, KODIAK ISLAND BOROUGH ( Norma L. Holt Acting Clerk zsUWri lox 144 • A,. t Lf 54 - Brdo Grafter Jensen Box 6087 3:04. e v Bolt' 2547 City •, 'Gene Dinkel Box 2552 city • . . • • 0',1' 1 • `,'1; • ,• , 4'4 1/41 • 1 . , 3 . , ,.....4• ' . • , .: :..,•.•:::,,,J,-.; , ,„: „,; . ,i .,..„ „ Box 11 Constkuction Co., Inc. ' .,,,„, , ••• .14rs.:. . Aiach ''• '•''' '''-•:''''.- 2338 - • ,' ,,,,,.•,,.,• ' T • . i 13COC, 1247 -','• • . • %, .,•: • •,:•• ,,, , ,,„ . - - ,} •,, „.,c • ...: ..,, •• • , t my , . • ...• .3 „., , .•,,,;-..,,,,, • ,,, ,5; • • //. Leonard Schultz .1510 30th Place Anchorage, Alaska , " . • og: „Btac .655 — •! • • - Anderson Great Nartzn oio Bob Bubbxrd 1097 „.r.„ Ci'tt , ,• .• • • 7 44 4 4. • ' „ „ 41 Zai (79 , -----P j4(7 ty- 2-- _ i ....., -__ , ,o, ' 1' ' 1 W / d. '...,‘.....' —/,' / AOrillr r... 111. fir . , "9 ot /34 CfPX.'041,,,111L 4 ragP5 a A 7, * "I... / , . / 1 . -11.11;7/7 G-t 9 // /5 tI 1,7 577 d eo , - 1 0 c / //v /4/9- /e) 1./ • /. 6 L 3 7 02--6 .:- KODIAK ISLAND BOROUGH Box. 1246 . .Kodiak, Alaska NOTICE. `OF PUBLIC BEARING,. Juan 3, 1969' This._is to notify you that a public hearing will. be held on'Don Arndt's request for a rezoning of Bik3, Lots 9, 10,11 and`12, U. S: Survey 32191:::, and Bik 1, Lots'l & 2, U. S. Survey 3463 (Miller Point'lst Addn),fran Unclassified to Business by the'Planning & Zoning.Coininission Since .you are 'a pro e, your, opinion on this request at.that time: PUBLIC HEARING TO BE HELD IN THE °COURTROOM OF, THE STATE .OFI?I DAY 'Wednesday" TIME. 7 :30 p.m. f you wish you may express -A* 0"44-#1090E .1-(PPOPPNOIXe —a f �44 C 14. V -wits' �- (t -9r" ?cec. / 2L tontio r- 74-+p'p(✓ / -,mot 4Q '-r' -39kFIT ° • 1S' a.UJC$ �P 4' �, 9 -3 47� ?l np ¢L, "li -"47 41.4"fr. 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