KODIAK TWNST BK 3 LT 11A UNIT 2 - RezoneKODIAK ISLAND BOROUGH
�mORDINANCE NUMBER 77-14-0
AN ORDINANCE OF THE KODIAK'ISLAND BOROUGH ASSEMBLY
REZONING KOmK\KTOWNs|Te SUBDIVISION, 'BLOCK 3, LOT 11 TO BE
DESIGNATED BUSINESS (Craig Bishop).
WHEREAS, Alaska Statutes 29.33/090 empowers the Borough to enact
a Zoning Ordinance and provide for its auminiatraUon' enforcement and ameod-
ments, and
VVHsREAG' the Kodiak Island BorOugh has pursuant thereto adopted
Title 17' of its Code of Ordinances and Resolutions which provides for planning
and zoning provisions and procedures, and
WHEREAS, according to the Comprehensive Planning and Zoning Map
adopted by the Kodiak Island Borough, that ' ik Townsite Subdivision, B|ock'3'
Lot 11 has been zonedR-3' and
WHEREAS, a petition has been received from Craig Bishop request-
ing that same be rezoned from R-3 to Business to allow for future development,
nmsnsxs, the Petition was considered and approved by the Planning
and Zoning Commission on May 18, 1977' and said body has recommended the
reclassification of said property from R-3 to Business.
- .
NOW, THEREFORE, BE|T��|N�by the Borough '��
the Kodiak Island Borough that the property described as:
�
— -
Kodiak TmwnsiteSubdivision, B|o{'` � 3Lm 1/%
1
Be and the same are hereby reclassified as Businessand that notice of the
.. ./
ordinance be given by publication to the KODIAK MIRROR, seven (7) days
prior to the second reading and that a public hearing be held thereon on the
date of the second reading and that this ordinance become effective at the time
of adoption.
ATTEST:
`
First Reading, Approval Date:
Second nevding, Public Hearing, pprvvv| oate: ` �_ /^:�T7
Effective Date: 'II/` 7 /�; ��/ '�/ "/ '
orPro te ore
By :f7LC,
Pr2esiding Officer
��'!� //
�
Craig Bishop
Box 753
Kodiak, AK 99615
FROM
KODIAK ISLAND BOROUGH•Pt,
P. O. BOX 1246
KODIAK, ALASKA 99615
_SUBJECT:
FOLD
Re: Block 3, Lot 11, Kodiak Townsite Subd.
DATE July
1977
Your request for rezoning from R-3 to Business of the aboee-
referenced property was approved at the July 7, 1977 meeting
of the KIB Borough Assembly, effective date
July 7 1977.
PLEASE REPLY TO lop SIGNED
Borough Secretary
DATE
SIGNED
es
RETAINED BY SENDER
auvuL paymeilLb 011 IL DUL IL WOUIU De UUJIL DOW dt. OW11 COS -C. was stated statedthat it is the responsibility of the subdivider to build roads
to properties. Mrs. Wallin.moved to amend the motion to state that the
road mubt meet'mriiimum state standards for secondary:residential roads.;
Seconded by_Mr. Jack. Mr, Milligan stated that he would look into the,
question of whether or not the cost could be charged' to the developer if
it is his responsibility in a subdivision to see that the roads are up to
standard and the roads have not met those standards. 'Mrs. Kavanaugh
stated that before the borough would pay for any roads they should be
inspected by the engineer.. Amended motion carried by Unanimous" roll.call
vote. Mrs. Kavanaugh moved to amend the main motion tol read. "at her oWn
expense"— Seconded by Mr Estes. 'Amended motion carried by unanimous
•roll' call vote. Main motion carried by,unanimous roll'call vote.' ,Mrs.A
Wallin moved to request the staff and the P & Z Commission -to review.a
statement made in a _letter of approval by the borough dated April 18-,'“
1973 and report back to the assembly., Seconded by Mr. Estes. 'Motion.
carried by unanimous roll call vote, -
, -
• C. Natives of Afognak'- Richard.Waffser. ' In the -absence Of Mr. Wamser,
- Mr. Ivar'Malutin* read the correspondence and Made, a verbal Presentation.
'Request No. 1. With regard tot.„ -trying to establish Afognakvand to initiate
a development plan which, upon completion, will be presented to both the
borough and the State of Alaska, they would like toiinlude -a letter
from the borough In which they' would endorse the concept of the village'
accepting the increased responsibility of becoming an established lecal
government (an incorporated 2nd or 1st class city) under Title 29 of the
Alaska Statutes, It is felt that such a letter of endbpsement would
speed up the development plan. Request No. 2, ' Concerning the Afognak
Planning & Zoning Committee which was formed in the fall of 1975,- they
would like to have Mr. Milligan, borough planner, assist in some of the
village planning. Mr. Estes moved that No. li the chair instruct the
borough manager, or mayor, to send a letter to Afognak Native Corporation
that we enthusiastically welcome the addition'of another town or city in
the borough, and No. 2: instruct Mr. Milligan to assist in their planning
in any way that he can; Seconded by Mrs. 'Kavanaugh. Mbtion carriedby
unanimous roll call vote.
D. Jane Doe/Current Hospital Policy, regarding independent sterilization.
Mrs Wallin requested that the name be omitted from any and
corres-
pondence . The chair so instructed. A phone call was received:ahortlY
before the meeting stating that Jane Doe or her representative Would be
unable to attend the meeting. Mrs. Kavanaugh'Moved that Item D under
Communications and Appearances be_postponed uhtil such time as we' can
set up a meeting with Matt Jamin, Seconded by Mr. Estes. Motion
carried by unanimous roll call vote. Mr. Denslow was asked to set up- a
meeting with Mr. Jamin.
VI ,PUBLIC HEARINGS
,_ •
, 'A. Ordinance 77-14-0,'Block 33 Lot 11, Kodiak Towneite Subdivision '
c. (Craig Bishop). 'Mr. Estes read Ordinance No 77-14-0 requesting a ,
rezoning from R-3 to buSiness. TMeeting.closed, public; hearing bpened.
Mr. Milligan recommended granting the request. 'A check list for rezoning
requirements and a development plan were requested r; Peotter asked for,
anyone wishing to speak in favor of the Y- request.
Mr, Bishop: Pointed out that the property cards indicated this was businesa
property while the zoning map shows R-'3 at the time of Purchase. Mr. ;
\\\ Dave Bean adjacent property owner is in agreement with the rezoning: I
Neither the Community Baptist Church nor the Russian Orthodox Church,- I
object. There were 27 notices sent but with no responses. It was stated'
that -the project would be at least 1/2'completed witnin '5 years. ' /
-" Mr. ,.Marl Estes-
Mr.4.;• Edward ` Jack • :...�..
-.Mrs,.:.San:d'ra.:_Kavanaugh_.
Mr:; .James:Peotter
rs: : Betty ,Wallin
A quorum was established.
tWbk 1L•t_
Dr,. Michael- : Emmick (excused)
S. Wayne. Kotula, Mayor -
Mr.4 ,.Frank. , Peterson (excused)
MINUTES:: UFpREVI.OUS MEETINGS
-'.Regular,, : June ,: 2`,: 1937.; : ' Mrs. .Kavanaugh,: moved to , accept -the
minutest, of : June 2,.;1977. •:Seconded :by'•Mr. Estes.:.", :Item .VII; A corrected
-to- read motion= tarried by unanimous roll _call: vote:. _. .Rea ..last-, motion
before Item -D, Pa e,.3Mrs , : Wai a,n Moved : to 'rescind"her motion (stating .-
that'• she dished - include nclude::. Lots 6C:'7,. Block. 1.y...Southeast "Addition-.
Seconded by Mr. Jack. Amended motion . carried', by' unanimous roll call -vote . )
Motion seconded by Mr. Estes. Mrs. Wallin pointed out that the assembly
cannot include: additional lots without receiving :consent .of th& property
owners. in.advan.ce. Motion to rescind carried by; unanimousroll cal -1 vote.
Motionto accept. -minutes as corrected' carried by unanimous roll call vote.
B. Assembly, Special , June _30, 1977 - 7;30 P .M Mrs . Kavanaugh moved k"
for: acceptance.' Seconded by Mrs. Wallin,. Motion, carried by unanimous
roll call vote.
C.- Assembly, : Special, June . 30, 19.77 6 : 30. P.M., Mrs. Kavanaugh .moved
for approval . Seconded by Mr. Estes, . Motion carried.- by unanimous. roll
.call vote.
IV -,MINUTES OF, OTHER MEETINGS
tizen Advisory Committee - May. " 2:5:4 , June : l 3 , ; 20 6 2
anning.6 Zoning Commission, Regular - May 13,`1977
Kodiak. Council on; Alcoholism -:: June 16, 1977 -:
. -Kodiak=Island School District =- May 10, 11, . 23, 31, June
E. Joint Forum -- May 24, 1977
1977
Mrs, Kavanaugh moved for approval of Items A;through ,E. ;•Seconded by',,
Mr.., Estes Mrs . Wallinnoted . that in Item A. under IV , paragraph. 2:,: the
first motion does not, include the name of the motion maker: Mr>• Denslow
was.. requested to have the -` secretary correct the minutes to include'. the
motion maker. Motion carried ;'by::,unanimous roll call .vote,a...._
COMMUNICATIONS AND APPEARANCES
A. Nick 6 Nora Mu Ilan, Sr. request for permission to construct road.
Mrs. Kavanaugh read letter of request. Mr. Milligan stated the P 6 Z
Commission has endorsed this request subject to meeting the minig
standards 'established by ,the 'State of ,Alaska,. for secondary residential
roads. ',Mrs Kavanaugh- moved to grant approval for the construction of
the road to Lot 4, Block 6y:Miller Point Subdivision, lst Addition
Seconded by: Mrs. •Wallin. . Mr;.',,Jack•.moved to -amend the motion to make the
road, be built to minimumstandards,; for secondary residential, roads.:
Seconded by Mr. Estes. Amended motion carried by..unanimous ;.roll - call .vote.
Main motion carried by unanimous roll call vote.
B. -:Susan.Klemzak, Lot :13,.Woodland :Acres .,_lst Addition request for
permission to construct road.' Mrs o. Wallin read the correspondence: -•Mr.
Milligan stated. the administration had no lnput and has no objection_:tq
the construction of the road they have absolutely no, -comment or,recom-
mendation as to' the tax exemption ,= Mr. Denslow suggested that _due to
oversight that it was not done.
was, stated that 'Father.: Kreta had ' Withdrawn his b ection
to ,business ;inthis area.
No 'one spoke . against the ordinance e Pub
opened, ";Ir . rites -moved :that`. Ordinance
°rrezoning
c hearing closed•, meetin
7 --0, Iae : =approved at the
second=reads:ng•s=----=See6hded--;by:_ Mrs:. -.G a3;lin a
rent plan available, Mr. Bishop--'bf-feted- to
to table.._th.e request for. 15,-.2.0 minutes. Seconded; by.a Mrs,... -Kavanaugh.
Mot'a;on carried 4. 1 with ,Mr.. "Jack casting.
'brie' I"IO vote
'Because . there. `eras; no:-: develop-,
:ge:t- one o Mrs-.' Wallin moved 7
Ordinance -.No. 77--15 0 9 amending the KIB zoning map.: and:: de-Anitiyely
zoning all: lands , w the n the borough not :previously 3;c1"s.ssified Mr :Jack
read 'Ordinance No. '77-1'50 lro Denslow explained that'there7,'was a` flaw
in' the' structure of the'_ordnance' by virtue, of" -portions of the''island
not- currently :'included i.n. a district on the map representing a"void in
t7,1
he'maps.:coverage .under. 'the, code , Also you had: requested that an exten-
sive-'study'be done onimechanisms for preserving the integrity of the
unzoned `portions -of the., sland for` any' intrusions that :may occur from
the off 'slZore oil- interests that are revolving Combining .,the two, a;
we.s-:'recoinmended :that =theborough .-adopt ; the:- conservation district
broadly"applicable land r ,usepattern f or " that unused-'- portion- of
m
island and to aen'd•- the - zoning' -niap`-tn:the-a ordinance too r�pleinent
objective. This has the recommendation of the planning.and ..zpnin
commission and feels it meets the interests of the community'. Mrs. Wallin
stated that the borough was in receipt, .of, letters from,Karluk, Oid IjarJor,
Akiok, Land
rsen. Bay `a' Ouzinkie 'asking that the ordiri''ance would: make•
provis?ons to 'include their village townsites_; in the Karluk case,; core
townsite-, to= zone` it' all :R l'. Mr-,.Milligan-:-stated;-that `those lettere
were-- in connection -with -''two separate issues -, re -platting 'and' rezoning
which will be taking place later. At 7, -present the villages are non -zoned
areas. The existing land uses would become legal non -conformities. If
desired 'the areas could be rezoned R-1'. It is urgent that they: start; the
housing co'r�struction in these areas by October 1, 197''7 e
FMre'.. Logan: Stated that the F' ` Z Commtission .passed; the ordinance and -
recommended -,`its- approval.: -He --recalled" that they recommend .approval to.
rezone to R®1 the village subdivisions of -Karluk, Ah.kic 3c`=and=' Old Harbor
and accept., .the. platwith. variations for lotsize, for Karluk, fpr,; a
vacation and'freplat , of Ahkiok and Old Harbor Mr. Simmons' had 'asked.: that
the"'ordinance read , ' all lands ,within''th'e village or Hca"t`y ,be;townsite
tracts; :.in:..Karluk case,` Core'townsite,be zoned R_1;" anything else which
it, presently =unzoned - of this time :be. zoned' -conservation*. ::It was fel` *hat
at the time when their overall plan will come • up it. would designate where
would. be the business <... etc.. Mr. Estes stated, that if we could send a
letter from- the borough to Mr. Simmimons'` that it is our intention to ,.,ge:
`compatible zoning for-. the. ,entire villages .that-' `.this would, be. Sufficient
to 'go ahead with 'their 'construct on -Mrd Peotter -stated; that; under: New
Business this ordinance as: Item R couldhave first " reading'. by t,itle,
such act -ion` -would -satisfy:=the`-requirements ofHUD. This" would not be in
conflict. with Ordinance. No. 77r15 -O
Public hearing t l'osed,.'meeting opened? :>
Ord -Ina -nee' .No a _..7.1---:1.5 0-a :Seconded by' Mr:s
unanimous:' -r6-11% can -vote
Kavanaugh moved to adopt
alliin. Motion: carried by',
r",F1TEM VI. A. Mrs. Wallin moved to remove from the table Item VI A,
!i /Ordinance :`I o.: 77-14-0 o Seconded by Mrs. Kavanaugh Motion, carried. by'\ \
unanimous roll call vote. Mr'. Bishop , displayed his ,plans and; sketches of,,,
"rs. Kavanaugh stated' that it was necessary to knoia' where the building j•.
r`
VII OLD BUSINESS •
A. Request of Citizen Advisory Committee for Personnel Policy for
Actuarial Information. Mr. Peotter read the correspondence. It was
established that the estimated cost will be about $200.0b. Mrs-. Wallin
moved that the assembly obtain the services of the consulting actuaries
of the Department of Administration for the, purposes outlined in the
letter to Mr Peotter dated May 31, ,1977-. Seconded -by Mrs, Kavanaugh.
Motion carried by unanimous roll call vote. ---
-B. Memo from Kathy Graham re: appointment -of Health ResOurce. Council
nominees. Mr.•EStes- read the memo-. Mrs. Kavanaugh moved that action on
appointments to the Health Resource Advisory Council be tabled until we
find more people to go on the council: Motion died for lack of second.'
Mrs. .Wallin 'stated that these nominees are providers and that the council
will have the same, number of consumers, there will be advertising for
'nominees'forcOnsumers. Mrs. Wallin'MoVed to accept thenomineesto the
Health Resource Advisory Council, Seconded by Mr. Estes, Mrs. Kavanapgh
stated that the appointments are to be made by the mayor not the assembly.
Mrs. Wallin withdrew her motion with the 'consent of her second. Mrs.
Wallin 'moved to refer the list of names to. the KIB mayor with the stip-
ulation that the advertisement be placed for the consumers and the list
of names be presented to the assembly for ratification. Seconded by Mrs.
Kavanaugh.' Motion carried by unanimous roll call vote.
VIII NEwjpsiNts
•
_ . .
A First reading, Ordinance No 777174,..Title•18., Peotter read
Ordinande,No.',77-17-0 by tifIe,onlypermanent,disposaI of real'.PrOperty).
Mrs Kavanaugh moved for adoption of Ordinance No firbtreading.
Seconded'byMr.-- Estes; Motion: carried by unaniMOus.r011 call, vote:.•
B irst reading,. Ordinance No. 77-18-0, Townhouse (revision of Title l7).
Mrs., Wallin read Ordinance No. 77-18-0 by title only (amending the KIB
'code of ordinances by establishing within Chapter 17 of the code regula-
tions governing townhouse developments.). Mr. Estes moved that we pass
Ordinance No. 77-18-0, first reading. Seconded by Mrs. Kavanaugh. Motion
carried by unanimous roll call vote. ,
C. Resolution No. 77-29-R approving final p at for subdivision o
Tract q4", Russian Creek AK Subdivision (Ray Hickman). Mrs. Kavanaugh
read'Resolution'NO. 77-29-R. Mrs. Kavanaugh moved for acceptance of
Resolution No. 77-29-R. Seconded by Mr. Estes. Motion carried by
unanimous roll call vote.
•
D. Resolution No. 77-30-R approving ,O.E.D.P.'Progress Report of 1977.
Mr. .Jack read Resolution No. 77-30-R. Mrs. Wallin movedfor adoption of
Resolution No 77-30-R. Seconded by Mr. Estes. Mrs. Wallin commended the
0.E.O.P. Committee and the borough staff for a well done update of the
progress report. Motion carried by unanimous roll' 'call vote.
E. Resolution No. 77-31-R approving final plat'for subdivision of Block 6,
Lot 2, Bells Flats AK Subdivision (Shorb 6 Hope). Mrs. Wallin read ,
Resolution No. 77-31-R. Mrs. Kavanaugh moved for acceptance'of Resolution
No. (77-31-R. Seconded by Mr. Estes. Motion carried by unanimous
call vote.
J,,:Resoldtion-No;-77-32-R approving. ina1 plat, of7yacation ofots 12
through 25' -and unnamed street, within the'Thorsheim Subdivision of Lot 1
Block -16, Kodiak Townsite AK,' USS 2537B and-.replat to Lots 12A and -20A,
KODIAK ISLAND BOROUGH
Box 1246
Kodiak, Alaska 99615
REASON ClIECICED
Unclaimed Ref d
Addressee unkr/1
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Insufficient Address -------
No such street_____n
No such office in state
Do noi tamed in Otis envelope
07 lose:id-
Or/er
Charles abel Nims
Box 70
Kodia 996
KODIAK ISLAND.,BOROUGH
Box 1246
Kodiak, Alaska 99615
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Box.5
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99615
KODIAK ISLAND BOROUGH
P. O. Box 1246
Kodiak, Alaska 99615
From the Borough Assembly
Date: June 29, 1977
THIS IS TO NOTIFY YOU THAT A PUBLIC HEARING WAL B
1
QUESTED BY Craig Bishop : SAID REQUEST A/AN
HELD, RE -
rezoning
AS SPECIFICALLY DEFINED BELOW:
Rezone from R-3 to Business Block 3, Lot 11, Kodiak
Townsite Subdivision
YOU ARE BEING NOTIFIED BECAUSE YOU ARE EITHER THE PROPERTY
OWNER OF THE ABOVE REFERENCED LOT, OR A PROPERTY OWNER LIVING
WITHIN 300 FEET OF THE ABOVE MENTIONED LOT. YOU MAY VOICE
YOUR OPINION AT THE TIME OF THE PUBLIC HEARING, OR A WRITTEN
OPINION THAT CAN BE READ INTO THE MINUTES OF THE PUBLIC
HEARING, IF YOU CANNOT ATTEND.
VERY TRULY YOURS)
KODIAK ISLAND BOROUGH
PUBLIC HEARING TO BE HELD
IN THE MEETING ROOM OF THE KODIAK ISLAND BOROUGH 0
BUILDING.
DAY: Thursday' DATE: Jul 7, 1977
TIME: 6:30 P.M.
FICE
US SURVEY 444
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,LL BOAT
ORS
•
USS 444
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US S 2537 8
Craig Bishop
Box 753, Kodiak, AK 99615
Block 3, Lot 11, Kodiak Townsite Subd.
TO
Craig Bishop
Box 753
Kodiak, Alaska 99615
FROM
KODOAK ISLAND BOROUGH
P. O. BOX 1246
KODIAK, ALASKA 99615
_SUBJECT
Kodiak Townsite Subdo, Block 3, Loft 11
FOLD
DATE June 22, 1977
At the borough assembly meeting of June 2, 1977, your request for
rezoning from R-3 to business of the above described property was
referred for public hearing to be held in the borough meeting room
July 7, 1977 at 6:30 p.m.
PLEASE REPLY TO --IP. SIGNED
Lea
Borough Secretary
DATE
SIGNED
es
RETAINED BY SENDER
r•,
Patrick Holmes''- .Stated he • had been -opposed `to' R-3; -zoning, but: is in favor
of_ R-2. zoning]. •'...:�
Russell Gallgher - Stated he had not looked at Mr. Mulitalo's recommendation
on the basis of R-2 zoning; •was willing::to answer any)questioris:
,.Verna McFarland-_- Lott - 1,": 2, & 3, a- portion. ofItot 4; Toff errt Subdivision,
Lots.:4 and 5 South'east'.:.Addition.'-. Inquired 'as, -to: how•'ri;any--:units will be
built.,in that area. .Would :this be; -spot zoning? . Can :•ther•Assembly legally
include someone's Tots in a rezoning._ without their knowi'e'dge?:.I';`Mr. Jack
asked how many exceptions are there in that area for two -building properties
• in, an R-1 .zone? -Mr's.. McFarland stated there are ohlyt••three to :her know-
ledge;. 'wits_. McFarland said she .Would. prefer to speak• with- others in her
neighborhood' before.deciding whether.to_' have her ownlpropertyy.,rezoned
R.=2_.. •Dr., Emmick said this can.'be done'at a- later date: Public' hearing
closed; meeting opened. Mrs. Kavanaugh moved for adoption oic Ordinance
#77-12-0. Seconded by Mr. Jack. Mrs. Wallin moved Ito include Lots 6
and 7,• Block •1•, Southeast Addition.. , Seconded by M'r:•HJack. Amended
motion carried by unanimous roil.call 'vote. Main motion carried by
• Unanimous roll call -Vote.:-
D.
vote.:•D. ••Or"dinance #77-13-0.rezoning from conservation to`unclassifed residential
56.4 acres of USS 1671, Spruce Island, the westerly most portion thereof
(Edward N`. Opheim) . ;M•r.s. Kavanaugh read Ordinance ,#77-13-0. Meeting
closed; public hearing opened. -Dr.. Emmick asked for comments from the
o
audience::. N comments. Public' hearing •closed; meeting' opened: Mrs.
•Wallin moved.for adoption of Ordinance'#77-13-0. Seccrn"ded' by.. Mrs.
Kavanaugh: Mr. Estes asked if it should be stated 'in:'tltie. ordinance that
this should be a restricted deed. Mr. Milligan stated the ordinance cannot
include `restrictions•: • Mr. Mulitald stated there will .b'eI a''°subdivision forth-
coming. • Mrs. Wallin called -a point of order. • Mrs .,:Kavanaugh "asked if
•'there is only one •owner: of this property; It' is .owned •by• Opheim and Sons.
:.(Borough ,records. show 'Edward .Opheim-to be Ahe owner) . "Motion carried
by: unanimous roll call '.vote.
;VII OLD BUSINESS .
A. Resolution. #77725-R to grant a-20' x.300' easement for the purpose of
constructing ,apressure vein . sewer bine (Lee: Russel•l) ',Resolu'tion #77-25-R
read by Mayor Kotula... Mr-. Estesmoved to 'tablethis itemuntiF.tuch time
as Mr.- Russell corrests existing sewer in Russell Esta'tes"'and'''reiiburses
the -.City, for their expenses as sell as_ current expenses` and' u'riti'l this
sewer line is accepted by the Cityfor maintenance. ! Seconded`'by Mrs.
Wallin. A copy ofthe; motion .wi I I ,be sent to. Mr. Russell a`nd City Manager.
VIII NEW BUSINESS
A., .
First Reading, Ordinance #7.7-14-0, rezoning' Kodiak ToWnsite' Sub-
division, ':Block 3, . Lot .11 to be, desigriated business `(Craig" Bishop) . Mayor'
Kotula read: Ordinance. #77-1.4-0. Mrs. Wallin -moved fora'doption of
Ordinance #77-14-0, first reading. Seconded by Mr. E` les;' • Motion carried I)
by unanimous roll call vote.
\. : First Reading,,.Ordinance #7.7=15-0, amending the KIB "z'ohning map and
definitively zoning_ all lands' within'the borough not previously -Classified.
Dr: Emmick read the ordinance request by title only`:,. `Mrs.' Wallin moved
1977 and ending on the thirtieth day of June, 1978. Dr. Emmick read the
ordinance by title only. ,Mrs. Kavanaugh :moved for adoption.Of Ordinance
#77-16-0. Seconded by Mrs. Wallin. Motion carried, by unanimous roll
call vote.
Dr ..-.:Errimick, declared a five-minute recess:
D.1.Setdate for special,:meeting for.:public..hearingffor:prclinariCe:477-16-0.
,3 -,:Mrs,N, Wallin. moved to,set the date for public hearing oniOrdinance #77-16-0
:fifor June :30 ;: 1977, , time. ,6:30. P.M . ••'Setonded Mr8 ,"KaVanaucity.• Motion
carried. by Ainaninious roll, call 'vote:,
i • Resolutiont-#77-:221-R approving final plat for subdivision:,of,Miller Point
Subdivision4,:First•Addition,., Block 1,1 Lot 3:1Jarnes SchauffY:';:..,Mr-, Estes
read Resolution #77-227R. Mrs::Kavanaugh moved for adoption* of Resolution
#777-22-R.1.;Seconded by, Mrs. Wallin. Motion carried by :unanimous roll
F: Resolution ./#77-'7,23-7R approving,'final plat for subdivision of a portion of
Tract ,"B";.1.:USS .1678, Lots 2, :and 3 ..(William J Resolution
#77-23-R read by Mrs. Wallin. Mrs. Kavanaugh movedfor•adoption of
Resolution #77-23-R. Seconded by Mr. Jack. Mr. Estes asked the location
property. Motion. carried by-, unanimous' roll cal I' ,vote ' •
•G. -keso1ution477,-24-,R ,approving final plat forr.'subdiVision..of8lock 1,
I3ells. Flats Alaska Subdivision :(Jim Ashford: and. phillipC. Anderson)T
Mr• Jaci7.recl: Resolution #77 -t24 -R; Mrs,d4avanaugh moved for adoption of
.•: .Resolution...#7,7-24-R.• Seconded,by Mr.. Estes;: Motion carried; by unanimous
r911 call. vote.
:•;,, H.: :Resolutiori #77-26-R approving the application for -discretionary com-
- munity, develOpment block grant funds under.the Housing and Community
.. Development Act of 1974 as amended. -Resolution 477-26-R read -by Mr.
Mrs.. Kavanaugh, moved for adoption_of Resolution #7726-R.
Seconded by Mrs. Wallin. Motion carried by: Unanimous :roll 'tall. vote.
I. Bid Opening - Kodiak Island Borough Ambulance.,."Mayor 'Ketula'read a
letter from Mr. Denslow, Borough Manager. Mr. Peotter moved to accept
.; the. loW-bid of Fire Control Northwest' Incori)Orated. - Seconded by Mrs.
,. Wallin. Mrs. Wallin amended the motion that the purchase :protedure
i recommended, :by ;Chief Magnussen.-be accepted, Seconded byLkir. Jack. It
was stated that this matter has ,received favorable ,p001.1:input..- The
general, cost. of an ambulance was discussed: Chief Magnils$04('had stated
‘• that the boroughcouldsave apprciximately:$5;000.on the purchase of this
vehicle because it has a 1976 chassis Amended motion carried 6 - 1 with
Mrs. Kavanaugh casting one NO vote. Main motion carried 6--1 with Mrs.
Kavanaugh casting one NO vote. „
J. Financial Report, April 1977. Regarding State Refund Taxes and
Licences Mrs. Wallin:aked if there was o, possibility of getting the $19,000
by,i the: end of the year Mr Denslow. stated _that the bookkeeper has
already receivecLthe:,year end ,payment from - the ,Alaska f-' Business Licenses.
JR,eportaccepted.. ,- • '
K. KIB School Budget - 1977-78. Superintendent Bob Greene apologized
short, notice .to. place this. item'orrthe agenda.. '..in.earlier action the
Assembty had:reduced ,the school :budget request justified by ;the, fact that
there was. -pending legislation at Ahe„time that. Wouldt proVida: essentially the
jeer ore>" ISO,giP
93,/ ax.)
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KODIAK ISLAND BOROUGH
• :••",`
1 1 '
May 20, 1977
Craig Bishop
P. 0. Box 753
Kodiak AK 99615
Dear Craig:
This is to advise you that on April 18, 1977, meeting
of the Planning and Zoning Commission, your request
for rezoning Block 3, Lot 11, Kodiak Townsite 1),7as,
approved. This rezoning was granted without holding
a public hearing and will now be referred to the Borough
Assembly for further action.
If you have any questions regarding this matte±, feel
free to contact me.
Sincerely,
Lutena Mulitalo
Zoning Administrator
LM:rc
monumented or original monument has been recovered,. Mr. Busch seconded.
Amended motion passed by2tinanimous roll call vote. 'Basic motiOnOrried by
unanimous roIl caIJ vote.
4. James Schauf, Miller Point Subdivision, First Addition, Blikk %':2�t 3.
Staff report given by Zoning Administrator. Mr. Busch movar.tOiapprOve
subdivision final for James SChauf, Miller Point Subdivison, :First Addition,
Block 1, Lot 3. Mr. Anderson seconded. Motion passed. byetirianimOtis roll
call vote.
C. Vacation & Replat 7 Portion::ofi Cedar,,'Street IAlitit'AuSteialanY. •1Mr.Bisch
moved to table this request and return to the City Council for clarificationi, it was
stated that vacation cannot be granted with stTpuIati�i. 'Andei4On ;Seconded.'
Motion passed by unanimous roll call vote.
t ;„;,
Y1 ZONING
Rezoffirig-2
.'.1:161:1-111:,:,......."-'11:44Pag-timovedatdree-editiiiktena• Zoiliff-564,*Pf013470,iirleTt7Kcidiak
Shifft it5013cliyi5iimifiBfoeleve.-LdOlMtAi4ifv. ATItibt.itontte&inded10
xpa
2. Mary Gallagher - Unclassified to. R-3 Monashka Subdivision, Block .5,
Lots 11 & 12. Mr. Busch moved to hold a public hearing on Mary Gallagher's
request from Unclassified to R-3 Monashka Subdivision Block 5,.,,Lots 11 & 12.
Mr. Anderson seconded. Mr. Mulitalo added to Mr. Buschl's',iiicitiOin'tit the
area in question is approximately 1.48 acres. Motion fai1d 3"iith .Mr.
!1'?.gr*rjr1,,, Mr. LoOn..,and Mr Pugh casttng NOVdteS..,
— •I;.
Catherine.'ick Olsen,•UnOrdStifeds:tO WoodlaiiiiiAcres Block 4,
.21Lots 1 & 2 Mr Pui Mo‘*ied to hod a pibhc4 hearing dei,,Ste‘ieti''T'. and
R-1 wcodtand Acres Biock -'3•;'Lots 1 & 2.
Logansecondedi,..:!Mr';:Mulitalol§tafed that Olsen had withdrawn the
request .1,1cRoinVofford4r!-NO--, retradVAhelniotiont:',;-r
4. Lloyd Sharratt, Unclassified to Business Biock 1, Lot 4. Mr':' -'Busch moved
o hold a public hearing on Lloyd Sharratt's request to rezone from Unclassified
49: ::P.U#11eS Block ..,•1\tp.,::Ptli§ii seconded.
A4f4ienf!passed!4'tTc.,Z..withe,Mr,,Etwin and Mr LoganitAtinV'NO-'nOtes,
u6i!1),
5 Istand ,Lake Property
owners (Zimmer) Unclassified -fai.`,ElliSinetS-:Portions of
USS 3218 and USS 3403 pithli6:dheal4rid-' to rezone
ptirtiohLot USS'.i32141:andl'USS'3483':''.'-lyir. Logan
seconded. Mr. Mulitalo commented ithate. the' Property in i#ierStion' it
approximately 53 acres. Motion passed 5 - 1 with Mr.' Erwin casting a ,NO vote,
Variances
10cluAest-,f50,;sback,,*variante'Aleutian-;SubdiiiitiOn•i3loCkl't,'. Loi'l (Marty
Barbero) Mr Busch;moved to grantisetback,Evariance Aleutian Subdivssion
q,s! Lot,: .7:(tviarty:...Barberfo).:?..!.M.r.,-tb§en:Secorided MiitiOn! passed by
• .unanimous roll call vote. :; !•4;‘,.
2. Request for tot size variance- Greg Moo - USS 3219, Block 3, Lot 4. Mr.
Pugh mpved,4):giTni-egget for tot size va,Laance, Greg Moo, USS '3219,
Lot -4 tohuiid ai;storage,.,shod::. seCondecl'.' tMr: Logan
P:apqn.F1;-the.,mptiori ,49;t:to,,grant.theidriance:-.if.f.iti'is: to:beused for
other than personal' use. Amended motion was withdrawn: Original motion
passed by unanimous roll call vote.
ii
resent:::
-Phil Anderson
Dan, Busch
Gene Erwin
'om,-Logan.
John.; Pugh
Bill wiLIJamsc t
:.Absent.
Ron Bal'I' '= excu's'ed
Chairman introduced Harry Milligan, Planning Director, for the Kodiak Island
;Borough, to,the audience of .approxiniately20'ipeople..'= '' '•
NUTES, OF PREVIOUS MEETING
A. Dan Busch moved to approve the minutes as presented; seconded by Phil
Anderson. Motion. carried • by unanimous voice vote. _ ' 5'
B MINUTES;1OF, OTHER; MEETINGS = ..
Assembly -Special -April:: 29, 1977:r:sr No •comment:
Assembly-Regutar-May'.: 5, .1977:.-` No comment ' .'3
COMMUNICATIONS AND CORRESPONDENCE
one i•.. ?:.. R,:f,�'. ;r , . �:...:r ',
..
ti iY1 , <,,',
Preliminary .;'.:,
1 • Ray Hickman -Russian :Creek Subdivision; Tract - M, Andersen moved
to grant a preliminary approval for subdivision of Russian Creed Subdivision,
Tract N;,=, John-Pugh;'s'econded. ;:Motion."€titled' 2: to 4 with"Phil`=Anderson, Dan
Busch,,:Tom,_:Logan.: and.=';BalJ-ii'ams-^casting°NO.votes;' Dan Busch moved to
;amend;:;=thevoriginal'moti.on:,to :stipulate :•;as•'Me Mui'iatlo stated'. in his `report:
:(1>).•.topographiical, .map: be ,subrnitted.;'by.. the .devel.opee. . (2):` soil' report by
Alaska" -Registered ProfeSsional::'Engineer' and (3) fIna l:ireport by' thi 'environ-
mental engineer. Mr. Logan seconded. Motion carried by unanimous roll call
Healey -U. S 3099,,::Lots 2-3A: A'.Following the. :zoning7adminisi-eater 's
report, Phil:;Anderson moved,. to approve the`Pre liminarYet•USS''3099, Lot 23A
with the following stipulations: (1) subdivider comply with all the minimum
improvements,: as.;,set' forth €in: fSection.=1'6..24; 020' and` Section '16126.056 (c) of
,;;theKIB_.,code. ,andx.(2),:,actual:=,road bet:bui.lti to other• properties -rather than a
road access as,shownron:.;the :plat::: ,Mr;• 'Erwin,' -seconded: ° :Motion'=passed
5-1,,with Mr. x,Erwin casling;,a ::NQ°votea:, }' :. ;: ; r.: r... "y .... _
Final '
1. Fred Greer -Bells Flats Alaska Subdivision Block 3, Lot''2`=`�Phi-r Anderson
moved ,to •approvel:M;ri:=:.:Gree.r„'s'.subdivision=.=Block'=<3 : Lot= 2 ' Befis` Flats Alaska
JSubdivision :, ._'Dan �usch.-;seconded:. Motion fpassed= by • unanimous tr' of l call vote.
Busch moved to,,.amend. Ythe, motion. to 'stipulate- that' the ` lot size will be
`�`assed%'by uranrmolis'`Fol4 'coil -voter •
•
plynn-EJSS ;1678; .Portion' of iTract» B 1'Lots -4,
6; 7' -B' 6 9. John
Pugh moved; -to:;,' approve'the final subdivision''of4USS 1578,' Portion`'o€ Tract 8,
otion: • to;- stipulatethat the Borough ° Engineer `inspect the '`road after'_ completion
•
CRAIG BISHOP
CERTIFIED PUBLIC ACCOUNTANT
MILL BAY ROAD
BOX 753
KODIAIC, AK. 99615
TELEPHONE (907) 486-3217
April 27, 1977
Mr. Lutena Mulitalo, Zoning Administrator
Kodiak Island Borough
Kodiak, Alaska 99615
Dear Mr. Mulitalo:
I am writing this letter seeking your assistancetoa very perplexing
problem. In February of this year, I signed an earnest money agreement
to purchase the the-pdi-ak7TOWn-s-iteTSTITIdlOinUn;; with the
seller's veri51-assiffiffe-That it was a commercial piece Of property. After
the transaction was completed, I began to make preparatiOns to develop the
property and I called Mr. Ed Haney to verify that the'prOperty was zoned
business; he assured me that it was, and that the cards in the borough
assessing office indicated that it was indeed business property.
Then, on April 26, 1977, my wife went to your office to obtain a copy
of the ordinance regarding the zoning of the property:so that we could
add it to our files for documentation (necessary for financing), and we
find out that it actually is not zoned business, but H-3; Delores Powell
was contacted, and after some study on the matter, she found that there
was a discrepancy in the borough records, and that while the property cards
classify thy property as business, the zoning map calls it multi -residential.
• The problem is that we have proceeded with our plans, based on what
we were told by the borough office, ktO—C-Onstruct a comer cial-bnildinz, and
are now fre-ady'ro—app-Iy7fOrm-fic-itig, etc. This building constitutes con-
siderable investment on our part, not to mention a substantial increase to
both the real property -and sales tax bases of the community, as well as
increased service to Kodiak. ,
I feel that I took adequate precautions in contacting the borough to
verify the zoning, and find it quite distressing that information received
from them cannot necessarily be relied on to be the facts of the matter.
I respectfully ask that my property be rezoned nowif that is the procedure
necessary to remedy this situation, and that it be one as expediently as
possible, so that we may proceed.with our project.
Sincerely yours,
Craig
CB:bb
Bishop
05.0,12,t77&.
KODIAK ISLAND BOR, Case No.
PLANNING & ZONING REQUEST APPLICATION Date
Application Fee Paid
61 6
Type of Request
Final Disposition
Remarks
Description of Land:
Block
Person Submitting Application
Mailing Address
Survey No.
Lots
Covering Letter Submitted A-7—,:=77-7 Plat Submitted
Person or Representative to Attend Meeting
Present Zoning
Proposed Zoning
Reason for Request
3
Approved
Remarks
Not Approved
Remarks
Borough Assembly Approval
Remarks
L( LCL
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