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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 _--____ • use 41' 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 /fr 47 es4t:c 1;1,p ei‘r, <e) R Box.5 Kodi on 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 Tr G 1'4 1 1 1 41.! 1. I'd ii4 444411 ili,s 11.11 1114 I i A._ GT A 5 a4. 11' ail, a 111141 414.414 1444.44.44 ; ; 11 1 11111.1/ 14114.441 844411 44111 4. 4. 41144 4111 4. ALQ TA c1/4 14111, 4. 114.441 , Ay 4,414 4. 1 ,LL BOAT ORS • USS 444 Tr A 61141"31Tr 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 $19,000 by,i the: end of the year Mr Denslow. stated _that the bookkeeper has already receivecLthe:,year end ,payment from - the ,Alaska f-' Business Licenses. JR,eportaccepted.. ,- • ' K. KIB School Budget - 1977-78. Superintendent Bob Greene apologized short, notice .to. place this. item'orrthe agenda.. '..in.earlier action the Assembty had:reduced ,the school :budget request justified by ;the, fact that there was. -pending legislation at Ahe„time that. Wouldt proVida: essentially the jeer ore>" ISO,giP 93,/ ax.) - -- 6'7'4'.v 5#$ r: _we -75 o• - _-74 S o _ _ 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 ((c: 1`7 /l,-? ._>3 `7,e04od/ A/� a- 6 15 kSA y b -r -C ASS/4 7-eS 1. 3 6. ./& 4 -SA 4 , 30x /79 ,../c pr1or A, 4k o Ll '� Ilo Asti ,a' 1'7t L _ / 6 / r_ /sir fi�rch, � �X r,7, �filc _ 1 A " ., / 7 _ ��e cel 1 �4sEy4 ) �lepq- ° Pinit.`c ; Pouc& 1'/s5-25.3•7 6' (Cr 3 /-.. 3 68 gu4-'l . o/70—, P -ix l�6 r 3/4- Ro& 4 ICce 1-1SGS. , &pc , A13 7/ .k.y:J;ddc % i7 6 O R hdl9/p11 Veiii-1 SGLnc4Cl r7y , (F%3 i ka//,t C �� L, 5 3 Su,, ( C6o,4-- ' ,//?1 ,--, - Boa/ , d; ),i -k _1v,4 _ 6- Dw t c w ) t2I,t 4 7-y e. lerr s,Xao/a , ! lc.., l /...67e_,.. 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