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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 :. �•.. t). v.,11 at N. '$5" 33' 02" W. 1(.1:•. 15.0.D' at N. ^:)° 33` 02" K I 3:, 4. 45.00' at:::. !;9`..26' 5b" Wt 14,63 N33'02".VI 60,IC S 41 o 05 5 0, �! 51.2' • II I - *5 2 2 31 3 9 "w • • 0 'z&.t 474.07' N 52° 51'23"E (N 54° 07'1 "E) (0.0. H.) COR. 2 0,0.11. ' RECOVERED REAR RESET MONUMENT APPROX. HIGH ALASKA SUED /VISION) D' GLO) zoo. 1' ln+ 31.5' AT S o r r r. 25" BT 78.2' AT 5: 5 .t° 57, r BT 151.6'' AT S. ;'6° 56' F. • wide- 80r ton b G .4744 ', or 17t ■ • /• it., •• 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,' 1♦ V S6 • 204 • 0 toi •1 - • AP 3. "- 56.F • ry.1k. qr �- v •••• (N540 51'23 „F CO RER 2 E D,0 RESErMONum 8 AIR r• \. 94,80•5850 07 • RUSS 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