BELLS FLATS TR B-3 OF TR B - Land Disposaln
a ct
KODIAK ISLAND BOROU1;-H PLANNING 'AND 'ZONING C0MMISSITuNUTES
Regular Meeting, June 20, 1979, 7:30 P.M.
Borough Assembly Chambers
1. CALL TO ORDER
The meeting was called to order at 7:30 p.m. in the
Borough Assembly Chambers by Vice Chairman Phil Anderson.
ROLL CALL
Commission members present: Members Excused
Vice Chairman Mr. Phil Anderson
Mrs. Virginia Crowe
Mr. Eugene Erwin
Mr. John Pugh
Also Present:
Mr. Harry Milligan, Planning Director
Mrs. Linda Puliz, Secretary
Mr. Bryce Gordon, Building Official
Mr. Gary Hovanec, Borough Engineer
APPROVAL OF MINUTES
Dan Busch
Ron Ball .
• It was moved by Mr. Pugh and seconded by Mrs. Crowe that the
minutes of the May 22, 1979 PE Regular Meeting be approved
in addition to the correction under Old Business regarding
Port Lions. Motion carried by unanimous roll call vote.
IV. APPEARANCE REQUEST - None
V. UNFINISHED BUSINESS
1. Wellborn, Russell: Borrow Site Lease; Bells Flats Alaska
Subdivision, Tract B-2.
STAFF REPORT: Mr. Milligan reported that Mr. Wellborn did deposit
a check with the clerk and it was placed in the safe and a record
was not made of the entry of the check until after disposition of
Borough action, and it was an oversight on our part. The check
was dated 10/30/78. The original lease was approved on 6/22/76,
so the renewal date would be the 22nd of June each successive year. ,
It was,renewed in 1977, (payment was received 6/77). The next
payment was received in October 1978. The lease expired 6/22/78.
Mr. Erwin asked if the Borough was to notify Mr. Wellborn of renew-
ing his lease. Mr. Milligan quoted based on the Municipal Code
18.64.060 " a lease holder has to make application no sooner than
60 calendar days and no later than 30 calendar days prior to the
expiration".
It was moved by Mr. Pugh and seconded by Mr. Perez to approve the
Borrow Site Lease for Russell Wellborn for Bells Flat Alaska Sub-
division Tract B-2, Mr. Pugh ammended his motion for the year 1978.
Mrs. Crowe asked the PE Commissioners if she should withdraw from
voting due to her husband being a majority stockholder in Cessna
Bros. The committee agreed to this. Motion failed by unanimous
roll call vote.
. Brechen Enterprises Inc.; Borrow Site Lease on Tract B, Bells
Flats Alaska Subdivision (B3 & B4).
STAFF REPORT, Mr. Milligan reported it would be our recommendation
that this matter remain with no action tonight. Mr. Hovanec has
met once with Mr. Brechen, he has not •had an opportunity to meet
with the subcommittee of the commission and Mr. Brechen to discuss
Mr. Brechen's lease and the reused development plan and that this
matter be held over until your next regular meeting.
It was moved b Mr. Perez and seconded b Mr. Erwin to have this table
until he next meeting Motion passed by unanimous roll call vote.
KODIAK ISLAND BOROUGH
RESOLUTION NO. 79- -
'':±'''•''''''LA;2111;67,q,01.1414,A;BORROw:::4EA4',-;•(48,32) , ON PARCEL,.
B-4 AND DENY A BORROW.IJEASERENEWAIK634*P'ARdtt'B-3. • ' •
_
WHEREAS,'the Kodiak Island Borough entered into a one
year borrow lease with Brechan Enterprises, Inc on February 9,,
• . . . :-. - . • : -
' .
1977 for Parcels B.=%3.-and 8-4 of TraCt13,•%Belldr;:F.14tsYAlaska-..,
,1:.
L .
SubdiVisioriv and ,-,•-• : • :'
• ,: e c - % • . -, • .
.
, •
. • WHEREAS, aDfie'Year renewal was granted'for both parcels
;::,, •• ,.._.
. ,.: -,.. , .,:. .- , , .,;,:•,=!:,';.,,..!-:=.: . ;I : .
.. .. .
, .. • . . , .
in 1978, and a third:renewarims requested in February, 1979, and,'
, . . .
WHEREAS, in the two years time approximately 3,000 cubic
yards of material was removed from Parcel B-4 and none from Parcel
B-3; and,
WHEREAS, the lease contract provides for four one-year
renewals of a one year gravel lease if the lessee has met the terms
of the lease for theprevious year; and,
WHEREAS,'the lease contract further provides that the
renewal of the contract not,be made if, thelessee fails to occupy
and-usa.the premises,Jor.a-period ofsixCgOecutive,months or
longer, and,
•
WHEREAS, the renewal fees of $1,200 for each lease have
been held•by,the borough since' February197.9.and,no action has
, -
been taken on the renewal request during'the;,1979 construction •
•
, .
Season.
NOW THEREFORE BE IT RESOLVED that the Kodiak Island
Borough Assembly directs the Bbrough Manager to:
- 1 -
1
RESOLUTION NO. 79-
1. Renew. ,for,, one year; :the borrow. lease" t.
r' f
for Parce•1l.,B -4. • This' renewal is to be :effective
from January 1, 1980 through December 31, 1980.
.2. Condition; the renewal of .the ;lease.. for Parcel.,
Joy adding the ; following clauses ' to> the; contract :.
•t
A. The Lessee shall pay a road service
1,,
maintenance fee; for the benefit of,the Bells
. Flats Road Service District.. "•The',;•fee shall
'be based on the,;.assessed `value ;:of Parcel
B -4 of Tract B, Bell Flats Alaska Subdivision.
B. 'The;Lessee.shall; submit a mining plan to
theLessor for review and'approval. prior to
any gravel removal.' The plan shall show set-
backs from both platted roads and active
stream channels used by salmon.
3. .Deny the renewal of the .lease for Parcel B -3
of Tract B,: Bells Flats. Alaska Subdivision for
the failure to mineJgravel from; "thesite over
the previous'two year period.
4. Return the $1,200 lease renewal .fee for
Parcel B -3 °and . .release the bond for,, the same area
ATTEST:
By
PASSED AND APPROVED this
Borough Clerk '
.day of
KODIAK ISLAND BOROUGH
, 1979..:
Borough Mayor
HMr—OeiTz moved that the request forAhe amendment to the-existing ion-
., inglexcepi providing the.extension of ti on Lot 11A, Block 7, Bells,
, Flats Al-a! Subdivision, for a period of 1_ years, be granted. Second-
ed by Mr:Pub-h. Motion passed by unanimous roTi call vote.1
, .
„, •
'-Rquest to ren°
Flats Alaska Subdivision.
. i
Staff report was presented by Mr.
by the planning department.
, I
Mrs. Crowe moved that the request to renew Borrow Site Leases fo
ce B-3, K-613 & B-4,
(Brechan Enterprises, Inc.)
Milligan based on a memorandum
• , '
B-3 (K631) and B-4 (K632), Bells Flats Alaska Subdivision, be tabled
'until the commission can study the documents and the new borough lease
procedures. (case#BL-79-014). Motion passed 4-2 with Mr. Anderson
and Mr. Erwin cas
IX E ;ISINESSIC-Ontinued)
i I
1. Site■Plan Review Satellite Radio Receiving Station (KMXT)
Mr. Milligan presented a staff report based on information
the planning department.
prepar d by
Mrs. Crowe moved that the commission approve the site plan review for
the satellite radio receiving station (KMXT). Seconded by Mr. Pu h.
Motion passed by unanimous roll call vote.
X . INFORMATION AND REPORTS
A. Communcation - None
B. Reports
1. Chairman's Report - None
,
2. Committee Report - None
3. Staff Report
a. Borough Manager - None
b. City Manager None
c.. Planning Director
Reminded commission about setting time for review ad public
hearing on the traffic plan with a suggested date of he 1st
week in April.
Also discussed having work and study sessions being
Tuesdays and Thursday evenings instead of Monday's
day's.
changed to
nd Wednes-
,'4&,c,
d. Building Official
Mr. Gordon updated the commission on the happenings during the
past month in regards to building permits, school inspections
p-d miscellaneous information regarding the planning department.
e.
Nnnp
DALE P. TUBBS
LAND MANAGEMENT CONSULTANT
2207 SPENARD ROAD, SUITE 204 ANCHORAGE, ALASKA 99503
TELEPHONE (907) 279-9931
February 26, 1979
Brechan Enterprises, Inc.
Box 1275
Kodiak, AK 99615
Attention: John E. Thyhuis
Engineer
Ref; Case files K631 and K632
Gentlemen:
This letter is to follow up on my telephone call
to your office on February 16, 1979 regarding the map
showing a 200 foot buffer along the southerly bound-
ary of Tract B, Bells Flats Alaska Subdivision. Dis-
regard the.200 foot buffer as being a restriction to
your contracts. The map happened •to be a handy size
for copying for the purpose intended. I also used
the map to indicate the approximate acreages for each
of the parcels for the assessors office.
This particular map was picked up'from the borough
engineer files.
Sincerely,
Dale P. Tubbs
Land Management Con'sultant
for Kodiak Island Borough
DALE P. TUBBS
LAND MANAGEMENT CONSULTANT
2207 SPENARD ROAD, SUITE 204 ANCHORAGE, ALASKA 99503
TELEPHONE (907) 279-9931
MEMORANDUM
DATE: February 26, 1979
TO: Harry Milligan
Planning Director
FROM: Dale P. Tubbs>0
Land Management Consultant
Ko-Atittak 'island borough
KODIAK, AIA: vik
ECEIVE)
FEB 2 8 1979
PN1
lAnglied110201043a4i5te
SUBJECT:. Request to Renew Borrow Site Leases
K631 and K632 -. Brechan Enterprises, Inc.
Brechan Enterprises, Inc. entered into borough borrow site
leases for parcels B-3 (K631) and B-4 (K632) in February 1977
which provides for four one year renewals.. • The annual re-
newal is subject to review by the planning commission and
borough assembly (old ordinance.disposal code 18.64.010) and
subject to an active use and occupancy clause in the lease
contract. The occupancy clause provides for 'denial of re-
newal if the lessee fails to occupy,4nd use the premises for
a period of six consecutive months or longer.
The lessee has requested renewal for'bothparcels, has pro-
vided a map showing the area of activity and indicates
approximately 3000 cubic yards of gravel have been removed
fromParcej B-4. The gravel removal ,reported took place in
August 1978.
The commission's review and recommendation is requested as
to granting a one year renewal for each of the two parcels.
My recommendation is the lease for parcel B-3 (K631) not be
renewed. This is based on the fact no use has been made of
the parcel in two years. A recommendation to not renew the
lease for parcel B-4 (K632) has merit, however, past practice
may dictate otherwise. Neither the borough or the lessee have
lived up to the requirements of the lease or ordinance.
Gravel removal on parcel B-4 is done by bailing. This'means
to remove gravel from below the waterline, and the resulting
removal leaves a lake at whatever depth the equipment is ca-
pable of digging. In the parcel, the water table is within
three feet of the surface. The continued removal will con-
vert the otherwise useable land into a lake that willhave
questionable value for future use. If gravel removal is to
continue on this borough land, the contractor should be required
to present a mining plan for approval showing future utility
for the site. This could be made a condition of renewal.
-1-
-2-
Time is of essence in that the leases are expired and the
spring construction season is soon to begin.
Encl: map
old ordinance
contract
cc: Stuart 0. Denslow
^_��
BORROW SITE LEASE
THIS AGREEMENT, made and entered into this 9th day of
February , 1977 , by and between the KODIAK ISLAND BOROUGH, a
municipal corporation hereinafter referred to as the Lessor and
Brechan Enterprises, Inc. of 'Kodiak, Alaska
hereinafter referred to as the Lessee:
VV|TNESSETH:
WHEREAS, Chapter 6 of the Kodiak Istand Borough Code of
Ordinances and Resolutions provides for the disposal by lease or sale of real
property to which the Borough holds title and which in the opinion of the Borough
Assembly is not needed for or devoted to public use, and,
WHEREAS, Section l4ofChapter 6 provides that leases for a term
of five (5) years, or less, with less than a computed annual minimum rental of
FIVE THOUSAND and No/lUOths ($5'000.0O) DOLLARS may be negotiated or
offered at public auction in the discretion of the Borough Assembly, and,
WHEREAS, Kodiak Island Borough Ordinance Number 69-8-0 amended
Chapter 6 of the Kodiak Island Borough Code of Ordinances and Resolutions by
adding thereto Sub-Chapter 1 to provide for Borough Borrow Leases, and,
WHEREAS, the Lessee herein has evidenced an interest in and has
made application for a Borrow Lease as provided in Sub-Chapter Resolutions
above referred to which by reference hereto are made a part hereof as though set
Korth in full.
NOW, THEREFORE, the Lessor, for and in consideration of the sum
of[)NE -FHOUSANDTWO HUNDRED and Np/1OOMls (¢1,200'00) DOLLARS, cash in
hand paid, the receipt of which is hereby acknowledged and receipted for, which
sum represents the mini um lease payment for one year as provided in Section 7
of Ordinance Number 69-8-0, and of the covenants and agreements hereinafter
contained, on the part of the Lessee to be paid, kept and performed, has granted
demised and leased, and ty these presents, does grant, demise and lease unto the
Page One, Borrow Site Lease
`
` ` \
lease unto the Lessee, for the sole and only purpose u, mining and operating for
and marketing of such quantities of sand and gravel as may be found in and on all
that certain tract of land situated in the Kodiak Island Borough, Third Judicial
District, State oyAlaska, described as follows, to it:
Tract B-4, Bells Flats Alaska Subdivision, Kodiak Island Borough
State n[Alaska, more particularly described as follows with Alaska
State Plane Grid Bearings:
Beginning at the corner common to Tract B, U. S. Navy Russian
Creek Tract and Alaska Department of Highways aggregate site,
,from which U. S. C. & G. S. Triangulation Station "Crab" bears
o 54' N 55 S4 37" E 11132.50 feet;
Thence N 35o 34 / 49 " E 479.49 feet along the boundary common to
Tract B and the Alaska Department of Highways aggregate site to
the True Point of Beginning;
Thence N 35" o 34' 49" E 768.25 feet continuing along said common
boundary;
Thence N 37» 30/ 34" W 1001.71 feet to a point on the Southeasterly
Right of Way of Russian Creek Road;
Thence along said Right of Way of Russian Creek Road the following
courses:
�
1) S 62° 23' 39" W 684.36 feet 0u a point of curvature;
2) An arc distance of 64.76 feet along a tangent curve to the right,
having a radius of 198'52 feet, through a central angle of 18° 41' 32n:
Thence S 37 o 30/ 34" E 1364.14 feet to the True Point of Beginning.
Containing 19.88 acres, more or less.
It is agreed that this lease shall remain in force and effect for a period
of one (1) year only from the date o[ -his agreement with the right of the Lessee to
renew thereafter for a one_-_-year period each year until the ex iration of five ca
years from the date of this agreement unless sooner terminated by the default of
the Lessee in the payment of any sums required or the performance of gay of the,
conditions as contained in Ordinance Number 69-8-0 or Sub-Cha 1 of C pter_._6
of the Borough Code of Ordinances and Resolutions or should the Lessee fail to
occupy and use the premises for a period of six (6) consecutive months r.
Lessee agrees to abide with and be bound by the covenants and
conditions contained in Ordinance Number 69-8-0, a copy of which is attached
hereto and by reference made a part hereof as though set forth in full.
Lessee covenants to indemnify and save harmless the Lessor against
any and all claims arising from the conduct or management of or from any work or
thing whatsoever done in or about the leased area or any building or structure
Page Two, Borrow Site Lease
{ / �
thereon or the equipment used in connection therewith during the term of this lease„
or arising during said term from any condition of any right-of--way or access upon
the premises or arising from any act or negligence of the Lessee or any of his or its
agents, contractors, or employees, or arising from any accident, injury or damage
whatsoever, however caused, to any person or persons or to the property of any
person or persons, corporation or corporations, occuring during said term, on, in,
or about the leased premises or upon the access or right-of-way upon said premises
or immediately adjacent thereto used in connection with the demised premises, and
from and against all costs, counsel fees, expenses and liabilities incurred in or
about any such claim or any action or proceeding brought thereon.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed the day and year first above written.
Brechan Enterprises
Michael C. Brmchah^ Vice President
KODIAK ISLAND BOROUGH, Lessor
Borou aYor Pro Tempore
Attest:
C__,-- ,,
LESSEE'
Borough Clerk
BRECHAN ENTERPRISES, INC./GENERAL CONTRACTORS
BOX 1275 PHONE (907) 486•3215
KODIAK, ALASKA 99615
February 13, 1979
Kodiak Island Borough
Box 1246
Kodiak, Alaska 99615
Reference: Case files K631 & K632
Gentlemen;
As per your request for information reguarding work preformed on
parcels B-3 and B-4. I Have indicated approximate areas of work
to date on the attached map.
I also note that on the map that was received with your letter
February 9, 1979 that a 200' buffer strip is shown on the Russian
River side of the parcels. I believe that this is a State of
Alaska requirement only if the mean high water line is within
200' of the property line. I had previously discussed this with
Mr. Mulitalo the zoning administrator at the Borough. Offices
and he confirmed that the setback requirements were 10' from
all exterior property lines or 40' from the centerline of the
roads. Your clerification on the setback requirements would
be appreciated.
Enclosed also is copy of the original map we received from the
Borough when we applied for the leases.
Sincerely,
John E TYhuis
Engineer
JET:psb
Enclosure
We Are An Equal Opportunity. Emplayer
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18.60.050-18.64.040
18.60.050 Approval of other authorities. The issuance
by the borough of deeds or leases under the provisions of
this title does not relieve the grantee or lessee of re-
sponsibility of obtaining licenses or permits as may be
required by duly authorized state or federal agencies.
(Prior code Ch. 6 §49).
Chapter 18.64
. .
TERMINATION, 'LEASE RENEWAL, RE-LEASE
Sections:
•
•
- •
• .
18.64.010 Review,
18.64.020 Rights of mortgagee or lien holder.
18.64.030 Re-lease.
18.64.040 Forfeiture of rental.
18.64.050 Expiration of lease. •
18.64.060 Renewal of lease.
18.64.070 Re-lease rights.
18.64.010 Re.iriew. No lease or sold land may be
changed irr use .1.22L-aalannewas,e,esj_uptil...
the pro•osed_use-or-renewa, bas been.„,x,eyiew.gdie.pJan-
,21.11? commiss12114nAARBuye t4esarou,gh
(Pridiode Ch. 6 S10).
18.64.020 Rights of mortgagee or lien holder. In the
event of cancellation or forfeiture of a lease or sales
contract for cause, the holder of a properly recorded
mortgage, conditional assignment or collateral assignment
will have the option to acquire the lease or sales contract
for the unexpired term thereof, subject to the same terms
and conditions as are in the original instrument. (Prior
code Ch. 6 §31).
18.64.030 Re-lease. In the event that a lease or
sales contract is terminated as herein provided, or by sum-
mary proceedings or otherwise, the borough assembly may -
offer said lands for lease or other appropriate disposal .
pursuant to the provisions of this title. ' (Prior code
Ch. 6 §33).
18.64.040 Forfeiture of rental. 'In the event that
a lease is terminated because of any breach of the lessee,
as herein provided, all rental payments made by the lessee
shall be forfeited and retained by the lessor as partial
or total liquidated damages for said breach. (Prior code
Ch. 6 §35).
154
BRECHAN ENTERPRISES, INC./GENERAL CONTRACTORS
BOX 1275 PHONE (907) 486-3215
KODIAK, ALASKA 99615
February 13, 1979
Kodiak Island Borough
Box 1246
Kodiak, Alaska 99615
Reference: Case files K631 & K632
Gentlemen;
As per your request for information reguarding work preformed on
parcels B-3 and B-4. I Have indicated approximate areas of work
to date on the attached map.
I also note that on the map that was received with your letter
February 9, 1979 that a 200' buffer strip is shown on the Russian
River side of the parcels. I believe that this is a State of
Alaska requirement only if the mean high water line is within
200' of the property line. I had previously discussed this with
Mr. Mulitalo the zoning administrator at the Borough Offices
and he confirmed that the setback requirements were 10' from
all exterior property lines or 40' from the centerline of the
roads. Your clerification on the setback requirements would
be appreciated.
Enclosed •also is copy of the original map we received from the
Borough when we applied for the leases.
Sincerely,
John E TYhuis
Engineer.
JET:psb
Enclosure
We Are An Equal Opportunity Employer
953,'
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APPROk. HIGH 1
.60.050-18.64.040
18.60.050 Approval of other authorities. The issuance
by the borough of deeds or leases under the provisions of
this title does not relieve the grantee or lessee of re-
sponsibility of obtaining licenses or permits as may be
• required by duly authorized state or federal agencies.
• (Prior code Ch. 6 §49).
Chapter 18.64
TERMINATION, LEASE RENEWAL, RE-LEASE
Sections:
18.64.010 Review. •
18.64.020 Rights of mortgagee or lien holder.
18.64.030 Re-lease.
18.64.040 Forfeiture of rental.
18.64.050 Expiration of lease.
18.64.060 Renewal of lease.
18.64.070 Re-lease rights.
18.64.010 ReVlew. No lease or sold land may be •
. changed in use nor may any renewal_lease_be_ issued until '
the proposed use-or-renew,a1 bas been id'pxoye&hy the_borough assembly:-
(Prior code Ch. 6 §10).
18.64.020 Rights of mortgagee or lien holder. In the
event of cancellation or forfeiture of a lease or sales
contract for cause, the holder of a properly recorded
mortgage, conditional assignment or collateral assignment "
will have the option to acquire the lease or sales contract
for the unexpired term thereof, subject to the same terms
and conditions as are in the original instrument. (Prior ,
code Ch. 6 §31).
• 18.64.030 Re-lease. In the event that a lease or
sales contract is terminated as herein provided, or by sum-
mary proceedings or otherwise, the borough assembly may
offer said lands for lease or other appropriate disposal
pursuant to the provisions of this title. (Prior code
Ch. 6 §33).. •
18.64.040 Forfeiture of rental. In the event that '
a lease is terminated because of any breach of the,lessee,,
as herein provided, all rental payments made by the`lessee'
shall be forfeited and retained by the lessor as partial •
or total liquidated damages for said breach. (Prior code
• Ch. 6 §35).
154