BELLS FLATS TR B-2 OF TR B - LeasesCase
Date
Type
Date
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
CASE FILE CHECKLIST
File No. Assigned LL-81-490/
Application Received
of Application
Site Plan Received
Date Fee Paid rtfAmount
Receipt Number Person Accepting Appl. '
Use Z for Zoning, Variances
and Exceptions
CUP for Conditional Use Permit
LL for Land Leases
V for Violations
0 for all Other cases
Name of Applicant
Mailing Address
Name of Legal Owner
Mailing Address
/r)(74,6
Phone
Legal description of Property: 4o-t-(--)-
Phone
not-F-77.5 8-/),
Subdivision 11.eav
Square Footage or Acreage of Property is
P & Z Public Hearing Date
Public Notices Mailed on //4/17/ How Many?
Applicant Notified of P & Z Action on
Date Date Date Date - Date
Action Summary Approved Denied Tabled 1st Reading 2nd Reading
P & Z ,/,74511/
Assembly
Ordinance No.
Ordinance Effective Date
6.81
• LAW OFFICES OF
, •
RICHARDWGARNETTIII
THOMAS F. KLINKNER
SUITE 540, 900 WEST FIFTH AVENUE
ANCHORAGE, ALASKA 99501
M. Harry Milligan
Director of Planning
Kodiak Island Borough
Box 1246
Kodiak, Alaska 99615
TEL. (907) 276-2221
October 9
(-;j V. 75
No 1(31
co g 1" 1979
RECUR
co
L)
. .t,.b.o..k •
;(f.)DIAK,
Re: Borough leaseholders' participation in financing
of road service district.
Dear Harry;
Before his departure, Stu Denslow requested an opinion
regarding means by which holders of leases and contracts for
mineral extraction on Borough lands could be required to
participate in the financing of the Bells Flats/Russian
Creek Road Service District. I conclude that financial
participation may be obtained by two means: (1) taxation of
the leasehold and contract interests; or (2) as part.of the
lease or contract price, where that price currently has not
been fixed by contract.
It is my understanding that the service districts' expenses
currently are defrayed by a tax upon the real property in
the district. This tax could be extended to private contract
or leasehold interests in Borough-owned property within the
district. AS29.53.020 (a) provides in relevant part: .
(a) The following property is exempt from general
taxation:
(1) Municipal, State or federally owned property,
except that private leaseholds, contracts
or other interests in the porperty shall be
taxable to the extent of those interests.
Hence leasehold and contract interests in Borough owned
property are subject to ad valorem taxation at their fair
market value.
KIB Code 18.60.060, governing new material sale contracts,
provides that materials shall be sold for no less than their
appraised value, and that annually the Assembly shall set a
minimum unit value for material to be sold. There is no
reason why that minimum unit value could not include a
charge for support to the road service district. Of course,
in the case of existing leases and contracts under which the
price of materials has been fixed, the Borough is bound by
Law Offices of
RICHARD W. GARNETT 111
the lease or contract price and cannot raise it during the
term of the contract.
If you have any additional questions regarding this matter,
please let me know.
Yours truly,
e/-
Thomas F. Klinkner
TFK/lr
KIB ASSEMBLY MEETING-SEPTEMBER 6, 1979 . PAGE2..
regulations,-which Will'be presented to the assembly. Mr. Jack
stated this is not a harassment but that it affects everyone.
_ -
D. Information Report Re: Welborn Borrow Site Lease,Applica- '
tion.-Mayor Wallin read the Correspondence:, No action needed.'
E. Memo from John E. Anttonen, Superintendent, Re: Ouzinkie
'sand Larsen Bay Schools. Dr. Anttonen read the memo dated
August 27 directed to the assembly and discussed each item
therein. (1) Larsen Bay construction bid is..$103,536 over:
the construction budget funds; this amount ,could betakenfrom
the equipment fund and replaced from contingencies;at,a later
date. (2) Ouzinkie construction bid is'alSo_oVerthe alloc-
ated monies. This could be handled by zeroing,out,the equip-
ment fund of $73,165 with an additional funding from the
borough in the amount of $64,268. (3) The ,borough does not
have a facilities coordinator forthese projects since
September 1st. There are several 'agencies in the state that
are able to handle this function. (4)., _At. present therlejs
not sufficient electrical gcneration'to provide for the new
schools. Mr. Jack requested the KANA Electrical Authority
represcntative meet with the assembly on this matter at the
Setpernber 15th work session. Mrs. Kevanaugh,acked that the
Ouzinkie bid award-be taken up before any further action. Mr.
Hansen moved to move Bid Award for Ouzinkie School Project
#H-03003 from XI B to-VI E. Secended by by Mr, Ogg: Motion
carried by unanimous roll call vote. 'Mr. Hansen moved. for
adoption of Resolution #79-45-R. Seconded by" Mr. Ogg: Mayor
read theesolution. Mrs. KavanaUgh Moved to amend number 4
to delete the words "or the designee of either". .Seconded by
Mr. Jack, Mrs. Kavanthigh felt Mr.. Hovanec should be carrying
out the kf,uties of facilities coordinator. Mr. Hovanec stated
these duties require more time than could be given as acting
manager and engineer. The. state 'Can -provide these ,.services
for a nominal fee. Amendment'failed 2-5;,Mra:Kavanaugh and
M. Peotter voted YES with Mr. Anderson, Dr."EmMick,.Mr..
Hensel:, Nr. Jack and Mr. Ogg' caSting NO votes. ' Mr. Jack moved
to amend to add after "designee of either" "approved,by,the
assembly". .Seconded by Mr, Peotter. Mo'tion. carried 5-2;..Mr..
Anderson, Dr. Emmick, Mr.Jack,..Mrs. Kavanaugh and M, Peotter
voted YES with'Mr. HanSen and Mr. Ogg casting.NO votes. Main
motion carried by unanimous roll call Vote:. -
Recess called at 7:55 P.M.; reconvened at 8:13 P.M.
Ouzi,e1 Did Award. Mayor Wallin 'read-letter .fromlArt j?enslow
August 23, 1979. Mrs.. Kavanaugh moved that bid•for the
Ouzinkie school be awarded to NORCOM in the amount of $1064,037.
Seconded by Mr. Peotter. Mr. Ogg moved to amend by adding "The
award should be contingent upon .review and approval Of the bid
by the Department of Transportation and Public, Facilities in
accordance itL the terms of the grant agreement. • Seconded by
Hr. jJ.rci Mr. Partch explained alternates l'through,.4. Main
as amended by unanimous roll 'call vOte.- Resolution_
79-46-R Re: award of construction contract Quzinkie„and.for .
certain contingent borough‘ComMitMents caith,Spect to funding.
Mayor read.the,rdsolution. Mr. Hansen moved for adoption of
ResolutiOn.79-46-R. Seconded by Mr:-Peotter. Mr. Jack moved
to add after "designee of either" "approved by the assembly".
Amendment carried 5-2; Mr. Anderson, Dr..Emmick, Mr.Jack,
Mrs. Kavanaugh and Mr. Peotter voted YES with, Mr. Hansen and •
Mr. Ogg. casting NO votes. It was stated that.an emergency.
ordinance could be passed to appropriate the extra money needed. •
Mr. Roguska explained the shortfall. Maincmotion,assamended
carried by unanimous roll call vote. Emergency ordinance.
79-34-EO declaring appropriating the sum-of $63,674.00 for
school construction at Ouzinkie. ,Mayor
ordinance. Mr. Peotter moved fOr adoption:ofbidinance
-79-34-EQ:.)-Seconded. by Dr. EmmiCk:. Dr. Emmick moved,to amend
by including a new paragraph before MOW; THEREFORE, to read: .
DATE: 22 August 79
TO;. Honorable Mayor. and Borough Assembly
FROM -Stu Denslow .
SUBJ: Information.Reaort
RE: Status of-Welborn Borrow Site Lease
During your regular nieeting. on August 2, 1979, you referred
Mr. Russell Welborn Borrow Site Lease, application back to the Planning
and Zoning Commission for a public hearing with Mr. .Welborn in,atten-
dance,
On August. l6, 1979' the Commission held, the hearing. you re-
quested and reaffirmed their previous finding'that Mr. Welborns lease
had expired and his.application -for renewal was not submitted timely.
Attached for, your review is a copy of the - Commi ssi ons Resolution No
- BL -78 -091 B stating the Commission's findings with regard to' this matter.
The 'Commission has also included in their resolution 'a' recommendation
for, a material sales lease of `Parcel. B -2...
Representatives of the Planning and Zoning. Commission, the
Planning Department and the Borough Engineer will be present- at your
September 6th, 1979 meeting to answer any questions you may have :re-
garding this matter.
KOD1AK ISLAND
kp
°ROUGH
Telephones 486-5736 486-5737 — Box 1246
KODIAK, ALASKA 99615
August 21, 1979
Mr. Russell Welborn
Welborn Construction Company
Box 634
Kodiak, Alaska 99615
RE: Request for renewal of a Borrow Site Lease; on Parcel
B-2, Tract B, Bells Flats Alaska Subdivision.
Dear Mr. Welborn,
During the regular meeting of the Planning and Zoning
Commission held on August 16, 1979, the Commission held a
public hearing to again consider your application for renewal
of a borrow site lease on the referenced property.
Following the hearing the Planning and Zoning Commission
once again reaffirmed its previsous findings that your lease
of Tract B-1 had expired. The Commission will recommend
to the Borough Assembly that Tract B-1 be offered for lease
at public auction. If you are intrested in submitting an
application for a new material sales lease on this property
please contact the Borough Clerk with your expression of
interest. We hope this information is of assistance to you.
If you have any questions regarding this matter or if we can
be of further assistance to you in the processing of a new
application please advise.
Sincerely,
Harry Milligan
Planning Director
KODIAK ISLAND BOROUGH
PLANNING & ZONING COMMISSION
RESOLUTION NO. BL-78-091(B)
A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMIS-
SION RECOMMENDING DENIAL OF AN APPLICATION FOR RENEWAL OF A BORROW SITE LEASE.
(Russell Welborn)
WHEREAS, on August 2, 1979 the Kodiak Island Borough Assembly remanded
this request for renewal of a borrow site lease to the Planning and Zoning Com-
mission for a public hearing with Mr. Welborn present. And;
WHEREAS, notice was published, notices were mailed and a public hear-
ing was held. And;
WHEREAS, the Commission found following the hearing Mr. Welborn had
filed his application some four months following its expiration. And;
WHEREAS, the Commission found the requirements of the Kodiak Island
Borough Code of Ordinances in effect at the time of issuance of the lease re-
quired the leasee to submit an application for renewal not more than sixty (60)
days prior to the expiration of the lease and not less than thirty (30) days
prior to the date of expiration. And;
WHEREAS, Mr. Welborn testified he first contacted the Borough Engineer
in late June or early 1978 concerning renewal of his lease, which would have
been after the statutory deadline (May 22, 1978) for submission of his lease
renewal.
NOW, THEREFORE BE IT RESOLVED by the Kodiak Island Borough Planning
and Zoning Commission the Commission reaffirms our original findings set forth
in Resolution No. BL-78-091(A) that Mr. Welborns lease expired through lack of
submission of a timely renewal application.
AND, BE IT FURTHER RESOLVED by the Planning and Zoning Commission that
the Commission recommends the Borough Assembly advertise and set for public auc-
tion a materials sales of gravel materials presently deposited on Parcel B-2,
Tract B, Bells Flats Alaska Subdivision.
AND, BE IT FURTHER RESOLVED said material sale should take place as
soon as practice following adoption of a mining and redevelopment plan for
Tract B, Bells Flats Alaska Subdivision.
ADOPTED this 16th day of August
ATTEST:
•
Z ecre ary
, 1979.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING A MISSION
By
ai rman
Minutes, August 16-,--L)79
Page 3 -
Mrs. Crowe moved to recommend to the Borough Assembly that we lease to Brech-
an for a period of 10 years, Parcel P-1, Tract A, Bells Flats Alaska Subd-
ivision. Seconded by Mr. Erwin. Motion PASSED by unanimous roll call vote.
2. 0-79-037. Purchase of Tracts B and E, Kadiak Subdivision, (KANA Housing
Authority)
STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum
prepared by the planning department.
Mrs. Crowe questioned the vacation of Woody Circle. Would some of the
adjoining land be left without an access?
Mr. Milligan answered, yes there would be one piece of land without access.
Mr. Simmons stated we are not going to vacate Woody Circle. We are going to
build approximately 60 units which would require rezoning to R-3.
Mr. Pugh moved to recommend to sell these lots at a public auction as is,
Tracts B and E, Kadiak Subdivision. Seconded by Mr. Ball. Motion FAILED,
with a 3-2 vote, Mr. Busch and Mr. Erwin voted NO, and Mr. Ball, Mrs. Crowe
and Mr. Pugh voted YES.
Mrs, Crowe moved to reaffirm to the Borough Assembly that the land be re-
subdivided and sold at a public auction. Seconded by Mr. Erwin. Mr. Pugh
would like to propose an amendment that states that if the Borough Assembly
finds that it is financially impossible and/or the vacant lot subdivded and
provide the proper facilities to these tracts within a two month period then
Tracts B and E of Kadiak Subdivision be sold immediately at a public auction.
Seconded by Mr. Ball. Motion PASSED with a 4-1 vote Mr. Erwin voted NO,
and all other commissioner's voted YES.
Mrs. Crowe moved to reaffirm to the Borough Assembly that the land be re-
subdivided and sold at a public auction. Seconded by Mr. Erwin. Motion
PASSED with a 4-1 vote. Mr. Erwin voted NO and all other Commissioner's
voted YES.
V. OLD BUSINESS
BL-78-091. Gravel .Borrow Site Lease on Bells Flats Alaska Subdivision, Tract
---B-2. (Russell Welborn)
• STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum
prepared by the planning department.
Mr. Busch closed the regular meeting and opened the public hearing.
Mr. Welborn discussed the reasons why he was late in submitting the lease
renewal. He is willing to resubmit an application for a new lease.
Mr. Brechan asked what Ordinance the original lease was issued under? Vas
it issued under the 1969 Ordinance?
Mr. Busch closed the public hearing and reopened the regular meeting.
Mr. Erwin moved that the lease be renewed for one year. Seconded.by Mr. Pugh
Motion FAILED, with a 3-1 vote, Mrs. Crowe obstaining, Mr. Busch voted NO
and Mr. Ball, Mr. Erwin and Mr. Pugh voted YES.
Mr. Erwin, moved that Mr. Welborn be allowed to reapply for his lease on one
year terms. Seconded by Mr. Pugh. Motion PASSED with a 4-1 vote. Mrs.
Crowe obstaining and all other commissioner's voted YES.
Discussion on above motion it was determined that Mr. Erwin did not have to
make a motion giving Mr. Welborn permission to reapply for the lease.
Mr. Busch moved to reconsider action on Borough Site lease, Bells Flats
Alaska Subdivision, Tract B-2. Seconded by Mr. Ball. Motion PASSED by a
4-1 vote. Mrs. Crowe obstaning and all other commissioner's voted YES.
Minutes, August 16, _79
Page 4
Mr. Erwin moved to recommend to the Borough Assembly the Mr. W2lb0rD/S lease'
` be renewed for a period of one year as of June 22, 1979 to June 22, 1980.
Seconded by Mr. Pugh. Motion FAILED with a 2-3 vote, Mrs. Crowe obstained,
Mr. Busch V0t8d NO_aOd Mr. Ball, Mr. Erwin and Mr. Pugh voted YES.
-
VI. PUBLIC HEARINGS ' -
'�' _�
A. SUBDIVISIONS
1. 3-79-033. Resubdivision of lot l, block 4, Killarney Hills Subdivision.
(Alan Beardsley)
STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum
prepared by the planning staff. Mr. Hovanec would like the plat returned to
Mr. Beardsley as it does not show where of the porches are to be located
in relation to the proposed new lot line.
Mr. Busch closed the regular meeting and opened the public hedring.
Mr. Beardsley A»pU7ogiZed for not showing one deck which extends 3 feet out
from the corner of the house.
Mr. Hovanec stated he would like to see a map of the land. He recommends
that the plat be returned to Mr. Beardsley and then resubmitted to the
Commission with the building accurately located and all appertainences
shown.
Mr. Busch closed the public hearing and reopened the regular meeting.
Mr3, Crowe moved to return the application to Mr. Beardsley because of
insuffient information at this time. Seconded by Mr. Pugh, Motion PASSED
by unanimous roll call vote.
B. OTHER
1. B[-78-001. Request for a borrow site lease on Parcel B-1, Tract B, Bells
Flats Alaska Subdivision. (Felton Construction Company)
STAFF REPORT: Mr. Milligan presented a staff report based on a memorandum
prepared by the planning department.
Mr. Hovanec commented on the lease. The dpplicdDtfon was not submitted with
a mining plan as it should have been. He would like to see the mining plan
before the lease is renewed.
Mr. Ball moved to postpone action on Parcel B-1, Tract B, Bells Flats Alaska
Subdivision until a mining plan has been submitted by Mr. Felton. Seconded
by Mrs. Crowe. Motion PASSED by unanimous roll call vote. Set for action
no later than January 2, 1979 added to the motion.
VII. MINUTES: July 18, 1979, Regular P & Z Meeting
Mr. Pugh had one correction, on page 3 he voted NO on both of the Koniag,
issues.
. Mrs. Crowe moved to eXcept the minutes after the correction the Mr. Pugh
stated. Seconded by Mr. Pugh. Motion PASSED by unanimous roll call vote.
VIII. NEW BUSINESS - None
TX, INFORMATION AND REPORTS
A. Communication - None
B. Reports
I. Chairman's report - None
2. Committee report - None
KODIAK ISLAND BOROUGH
Box 1246
Kodiak, Alaska 99613
Louis & Jeanette L.
Box 954
Kodiak, Ak. 99615
AUG
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RECEIVED
AUG 1 3 1979
A
NOTICE OF PUBLIC HEARING
The Kodiak Island Borough Planning and Zoning Commission has received a petition from
RUSSELL WELBORN
requesting a gravel borrow site lease; Tract B-2, Bells Flats Alaska Subdivision
The Kodiak Island Borough Planning and Zoning Commission will hold a Public Hearing
on this matter at 7:30 p.m., Wednesday, August 15, 1979
in the Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak. You are being
notified because you are either the property owner of the above-referenced lots; or
an owner of property within 300 feet of the above-referenced property. This will be
the only Public Hearing before the Planning and Zoning Commission on this petition,
and you are invited to appear and voice your opinion. If you cannot attend, yoU may
-submtt-a-written-opinion-that-can-be-read jnto -the-mthutes of Lhepub-1-±c-He?lr±ng------
If you would like to comment on the petition proposal, this form may be used for
your convenience, and returned to the Planning Department.
Further information is available from the Planning Department, telephone 486-5736.
KODIAK ISLAND BOROUGH
Department of Planning and Community Development
(RI7 c
-9 Legal Description eel r 444 ZS
CP-Q.4X /W1 t4 The H4frke!del-bc.
Comments W A4T veig A./.0 e745 e 6 Z f-i/ g i4/6 7' Se-tqm5 tit A-
p-o vit' Pit ell Tijete-1 We /6 10 63 1-7/e/Ver,e9s 4 /1,
1/1 e 1-1 44/& 7 A d fri esdetys /lee o/ ,
Name 1-.6 (1 .S f--- \re 'le ttLe yv-v Address .130 q Arc1466tX'; 4k.
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4
Tvi
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KODIAK ISLAND BOROUGH
telephones 486 -5736 - 486 -5737 — Box 1246
KODIAK, ALASKA 99615
RE:
M_EMO.R.ANDU•M
DATE: ,August 8,-1979
TO: Planning and Zoning Commission
-FROM: Planning Staff •
SUBJ'' Case Hi,stOry, Case File #BL -78 -091
Request. for a gravel borrow site lease;. Bells -Flats Alaska Subdivision
Tract B 2 ,_
REQUEST:
- During the regular meeting -of t_he Borough Assembly held on duly .10. 1979.
-
The Assembly returned Mr. Welborn' request t� the, Commission for a,public hearing.
In accordance with the Assembly's directions this matter "has been re- scheduled Jar
a public hearing during your regular meeting to be held on. August 15, 1979. We'-.
'have notified Mr'. Welborn by letter of this hearing.
Attached. for' your review are all of the materials in our fits relating' to
- this matter.
NOTICE OF PUBLIC HEARING IS HEREBY
GIVEN THAT THE KODIAK ISLAND BOR-
OUGH PLANNING AND ZONING COMMISSION
WILL HOLD A PUBLIC HEARING AT ITS
REGULAR MEETING TO BE HELD ON WED-
NESDAY, AUGUST 15, 1979, AT'7:30 p.m.
IN THE KODIAK ISLAND BOROUGH ASSEMBLY
CHAMBERS, ON THE FOLLOWING REQUEST:
BL -78 -091. Request for a gravel borrow
site lease; Bells Flats Alaska Subdivision
Tract B -2. (Russell Welborn)
ALL INTERESTED INDIVIDUALS WILL BE
GIVEN OPPORTUNITY TO BE HEARD AT THE
HEARING, AFTER WHICH THE BOROUGH PLAN-
NING AND ZONING COMMISSION MAY PASS OR
REJECT THE ABOVE REQUEST WITH OR WITH-
OUT AMENDMENTS.
KODIAK ISLAND BOROUGH
Harry Milligan, Secretary
PUBLISH: Aug. 10, 13, 14, and 15, 1979
KODIAK ISLAND BOROUGH
Box 1246
Kodiak, Alaska 99615
FIRST CLASS MAIL
NOTICE OF PUBLIC HEARING
The Kodiak. Island Borough Planning and Zoning Commission has received a petition from
RUSSELL WELBORN
requesting a gravel borrow site lease; Tract B -2, Bells Flats Alaska Subdivision
The Kodiak Island Borough Planning and Zoning Commission will hold a Public Hearing
on this matter at 7:30 p.m., Wednesday, August 15, 1979
in the Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak. You are being
notified because you are either the property owner of the above - referenced lots, or
an owner of property within 300 feet of the above- referenced property. This will be
the only Public Hearing before the Planning and Zoning Commission on this petition,
and you are invited to appear and voice your opinion. If you cannot attend, you may
submit a written opinion that can be read into the minutes of the Public Hearing.
If you would like to comment on the petition proposal, this form maybe used for
your convenience, and returned to the Planning Department.
Further information is available from the Planning Department, telephone 486 -5736.
KODIAK ISLAND BOROUGH
Department of Planning and Community Development
Name
Legal Description
Comments
Address
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N
_a9002000020ABELLS-FLASSSUBO
" P.O.00X.1211
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06/30/79
KODIAK
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PAGE 288 - 4
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REAL PROPERTY LISTING
•
PAGE 289
■■ '*PARCEL NO. STATUS LEGAL DESC OWNER/AGENT
- C T rr
OWNER
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7 TP rnr-,
■
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•
06/30/79 REAL PROPERTY LISTING '
• ,
OPARCEL NO. • STATUS • -LEGAL oesc", 'OWNER/AGENT
ADOR€S9
•
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•
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, •
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. PAGE 296
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REAL.PROPERTY LISTING
PAGE 297
OPARCEL NO. STATUS LEGAL °ESC OWNER/AGENT OWNER
-ADDOESS _ Cl7y. .57AT.c___ZIR .00 DE__LAND_VALUA 71 ON_ 3.31PR...._v ALL' AT t N
KIB ASSEMBLY MEETING-utY 5, 1979 PAGE 2
Mrs. Kavanaugh-Ltr. of Congratula- Carried
tion to Mike Sharon on SeaLand Case
NEW BUSINESS
1st Rdg. Ord. 79-24-0 Deleting Mon. Failed
Bay from Serv. Area. 6 Changing
Name to Spr. Cape-Isld.Lk. Serv. Area
B. 1st. Rdg. Ord. 79-25-0 5-Man ElectedCarried. 2nd Rdg. 6 P. Hrg 7-21
Board for BF/RC Serv. Area '
.C. 1st Rdg. Ord. 79-26-0 Rezoning Tr GlCarried
USS 3218 from Uncl. to Bus.(Hatfield)
/D. 1st Rdg. Ord. 79-20-0 Amend Compr. Ld Carried
Use Plan Rezoning L 2A, USS 3218
from Res. to Bus (Zimmer)
E. 1st. Rdg. Ord. 79-28-0 Municipal Bond Carried
Proposal for Sch. Fac.
F. Res. 79-34-R Prop. to be Placed on Failed
Ballot to Determine whether or not
KIB Shall Retain Mgr. form of Govt.
G. Res. 79-35-R
See Item VII E
H. Res. 79-36-R KEA Request for Power- Carried
line Easement
. Res. 79-37-R Space for Legis. Info Tabled
Office 6 Teleconferencing Site
:--WeIborn Bor - -Site TB2 -
. -Motion-renewaa-Ieas-e-be-returneix
to P 6 Z for P. Hrg. withWeboz
in attendance.
K. Coop. Agreement for Pk. Development-Motion to accept recommendationE
Ld. Manage. Consl. Recommendations #1 6 #2. Carried
. Hosp. Liability ,Question
• Alderwood Rpt.
N. Hosp. Audit 1978
Moved copies of all policies be
perused by Atty to see Boro is
protected. Carried
Motion to accept $100 pmt. in lj
of fine 6 dismiss case. Carrie(
Carried. Requested rpt. from
Hosp. Bd. within 60 das.
0. Fin. Statement May 1979 Acknowledged
P. ' Sch. Dist. Rpt. May 1979 Acknowledged
Q. Atty's. Mo. Rpt. Acknowledged
XI MAYOR'S COMMENTS
1. Ltr. from City Re Annexation of
Lot 2A, USS 3098
XII ASSEMBLY COMMENTS
Mrs. Kavanaugh:
Mr. Ogg:
Motion to voice non-objection ii
in the opinions of our attorney:
there is no precedent setting
giving approval for non-objectic
Motion that a resolution be pre'
for 7-21 Sp. Mtg. calling for a
proposition to be put on the ba:
prohibiting fireworks in the Bo]
Failed
Mayor directed pictures be taker
of dust problem on Mill Bay Roac
to be studies by legislators in
the fall, Oct. or Nov.
Mayor recommended Large Case be
KIB ASSEMBLY MEETING - JULY 5, 1979 (Recessed to July 10, 1979) PAGE 9
issue', Mayor Wallin asked that a joint Borough/School Board-,
work„session be scheduled before the second reading.
F. Resol. ..79-34-..R Calling for a Proposition to be Placed on •
the..Ballot at the October Regular Election for the Purpose of
Determining Whether. or Not ,the KIB Shall Retain the Manager Form
. Of Goirernment, Mayor Wallin read the resolution by title Only.
Mr. Ogg :stated that at this time he felt the people. would be
voting on an individual rather than the position. Mrs.'.
KavanaUgh moved for adoption of Resolution 79-34-R. Seconded.
by Mr:- Hansen. ' Motion failed 0-4 with Mr. Hansen, Mrs.
Kavanaugh, Mr. Ogg and Mr.Peotter casting NO votes.
G. Resol. 79-35-R Authorizing a Negotiated Lease to KMXT for
r an,Antenna Site. Taken care of with Item VII E.
•,, . •
H. :Resol. 79-36-R KEA Request for Powerline Easement. Mayor
Wallin read the resolution. Mrs. Kavanaugh moved for adoption
of,Resolution 79-36-R. Seconded by Mr. Hansen. Motion carried
by unanimous roll call vote.
I. Resol. 79-37-R Providing Space for Legislative Information
Office and Teleconferencing Site. Read by title only. Mr.
Hansen moved for adoption of Resolution 79-37-R. Seconded by
Mr. Ogg. Mrs. Kavanaugh moved to amend in paragraph four to
delete all after BE IT FURTHER RESOLVED and to read "the State
of Alaska to pay rent in the amount established for said area."
Seconded by Mr. Peotter. Mrs. Kavanaugh moved to amend the
title to read "A Resolution of the KIB Assembly Authorizing
Leasing Office Space for the State Legislative Information
Office/Teleconferencing Site" and in paragraph three, line two
delete. "allocate" and substitute "lease". Seconded by Mr.
Peotter. Mr. Ogg moved to table. Seconded by Mr. Hansen.
Motion=carrted=rby-unanimous-rongote,,„
J. P Z Recommendation on Welborn_BIDrrow Site Lease of •
Tract 13-2. Mrs. Kavanaugh moved to table to the August meeting.
Seconded by Mr.Peotter. Motion failed 2-2; Mrs. Kavanaugh and
Mr. Peotter voted YES with Mr. Hansen and Mr. Ogg casting NO
votes; It was explained that Mr. Welborn had attempted to renew
his lease at the proper time Mr. Welborn explained that he had
ytried to renew in June, 1978 and had followed proper procedures.
Felt P & Z was not aware of all that had transpired since then.
Mrs. Kavanaugh moved that the borrow site renewal lease from
Russell Welborn be returned to P & Z for a hearing on the
subject with Mr. Welborn in attendance. Seconded by Mr. Hansen.
Motion carrie_d_by—unanImaus,r.oaa=caa4=Note,
K. Cooperative Agreement for Park Development-Land Management
Consultant Recommendations. Mayor Wallin read the correspondence.
Mrs.' Kavanaugh moved to accept consultants recommendation #2.
Seconded by Mr. Peotter. Dilation carried by unanimous roll call
vote.
L. Borough Counsel Response to Hospital Liability Question.
This was in answer to request from the Assembly. Mrs.
,( Kavanaugh moved that copies of the policies be turned over to
" Mr. Garnett for his perusal to see that the Borough is protected.
Seconded by Mr. Peotter, Motion carried by unanimous roll call
vote.
M. Alderwood Project Report. Mrs. Kavanaugh moved to accept
,,the $100 payment in lieu of the fine and the Borough dismiss
the case. Seconded by Mr. Peotter. Motion carried by unanimous
roll call vote.
O. Financial Statement of May 1979. 'Mrs. Kavanaugh moved to
acknowledge receipt of the financial statement May 1979.
Seconded'by Mr. Peotter. The Clerk was asked to find out the
details of an expenditure under contingencies and report to
Mr. Ogg and the mayor. Motion carried by unanimous roll call
vote.
K+C DIAK. ISLAND BOROUGH
Telephones 486 -5736 - 486 -5737 — Box 1246
KODIAK, ALASKA. 99615• -
June.28,-1979'.
TO: Honorable iia. o' 'orough,Assembly
FROM: Stu Dens
SUBJ: . informs o Report
RE: Riussell 'Welborn Borrow 'Site Lease
During the regular meeting of the Planning and Zoning Commission held on
'June 20, 1979, the Commi ss.i on took .action' to recommend Mr. , Wel born's lease on
Tract B -2 Bells Flats °Alaska.Subdivision not be renewed. The Commission's
action'Was based.•on there- finOingtsie renewal application was filed some four
months after the.lease had expired.
Representatives of-the Planning and. Zoning Commission and Planning Depart-
ment staff will be available at your July 5th• meeting - to- answer any questions
you may have regarding this matter..,
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
RESOLUTION NO. BL-78-091
A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING
COMMISSION RECOMMENDING DENIAL OF A BORROW SITE LEASE RENEWAL APPLICATION.
(RUSSELL WELBORN)
WHEREAS, a request was recieved from Mr. Russell Welborn for annual
renewal of his borrow site lease on TRACT B-2 Bells Flats Alaska Subdivision.
And,
WHEREAS, Kodiak Island Borough Land lease records indicate the
original lease for onelwas issued on June 22, 1976, and was renewed for one
year in June 1977. And,
WHEREAS, on October 31, 1978, Mr. Welborn submitted a request to
once again renew his lease for one year as set forth in the original lease
document. And,
WHEREAS, the Commission on February 21, 1979, approved the renewal
request and subsequently reconsidered that recommendation on April 4, 1979.
And,
WHEREAS, Mr. Dale Tubbs the Borough's Land Management consultant
has advised he lease expired on June 22, 1978, as an application for renewal
has not been properly filed by that date.
NOW THEREFORE BE IT RESOLVED by the Kodiak Island Borough Plan-
ning and Zoning Commission that the Commission recommend this request for
renewal of a borrow site lease be denied. As the application for renewal was
6
submitted some four (4) minths after its expiration. Thus nulifying the re-
newal provisions of the origional lease.
ADOPTED this 20th day of June , 1979
ATTEST:
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
BY a
Commission Chairman
/—_
KODIAK ISLAND BO ' PLANNING AND ZONING CUMMI55Ion-AlNUTE3
Regular Meeting, June 20` 1979, 7:30 P.M.
Borough Assembly Chambers
CALL TO ORDER
The meeting was called to order at 7:30 p.m. in the
Borough Assembly Chambers by Vice Chairman Phil Anderson. ~
l�. ROLL CALL
Commission members present:
Vice Chairman Mr. Phil Anderson
Mrs. Virginia Crowe
Mr. Eugene Erwin
Mr. John Pugh
Also Present:
Mr. Harry Milligan, Planning Director
Mrs. Linda PUliI, Secretary
Mr. Bryce Gordon, Building Official
Mr. Gary Hovanec, Borough Engineer
ITI' APPROVAL OF MINUTES
Members Excused
Dan Busch
Ron Ball
It was moved by Mr. Pugh and seconded by Mrs. Crowe that the
minutes of the May 22, 1979 P&Z Regular Meeting be approved
in addition to the correction under Old Business regarding
Port Lion3, Motion carried by unanimous roll call vote.
IV. APPEARANCE REQUEST - None
V.
.
•
UNFINISHED BU8INE3S.
-- -- -_-'--
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 1077, (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 Wellborn of renew-
ing hiS lease. Mr. Milligan quoted based on ' the Municipal Code
18,64.060 x a lease holder has to make application no sooner than
.hO 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 P&Z Commissioners if she should withdraw from
voting due tp her husband being a majority stoc.kh-lde._in Cessna.
fo
Bros. The committee agreed to this. MVti0D.iled by unanimous
roll call vote.
- '_--
2. 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 by Mr. Perez and seconded by Mr. Erwin to have this tabled
Until the next meeting. Motion passed by unanimous roll ca vote.
Us>
VI-II:LSI:1M C1,-.3:4J7.tv Tnr.
rez.z
AJA
VV,ti
KODIAK IZIAND DO
WtLOCStAN =It Mrrk.=T70.31
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ANNUAL LEASE BA1720W IT TRACT
BELTS FLATS
11:16Tri:
P7:s
'12332
41200 0/7,'
KODIAK ISLAND FO I .11 PLANNING AND ZONING COMMISS M1 NIJTES.
Regular Meeting, May 22, 1979, 7:30 P.M.
--Zorough Assembly Chambers
CALL TO ORDER
• The meeting was called to order at 7:30 p.m. in the
Borough Assembly Chambers -by Chairman Busch.
II. ROLL CALL •
Commission members present: Absent
Mr. Anthony Perez
ChairmawMr. Daniel Busch
Vice Chairman Mr. Phil Anderson
Mr. Ron. Ball • ,
Mrs. Virginia •Crowe
Mr. Eugene Erwin (arriving at 8:30,p.
Mr. John Pugh
Also' Present:
Mr. Harry Milligan, ?lanning,Director
. Mrs. Linda Puliz, Secretary
APPROVAL OF MINUTES
It was moved by Mr. Pugh-and-setonded by Mr. Bali that the
minutes of the April 18 and April 24, 1979 meetings be
approved, Motion carried by unanimous roll call vote.
IV. APPEARANCE REQUEST - None
•
V. • UNFINISHED BUSINESS -
. Wellborn, Russell; Borrow Site Lease; Belis Flats, Alaska,
Subdivision, Tract B-2.
• , 1 Mr: Bali had asked if Mr. Tubbs had contacted Mr. Wellborn,.,
Mr. Milligan replied that he knew Mr. Tubbs had been directed
• . 1 to talk with Mr. Wellborn, but at this time Mr. Milligan did 1
not have that information: 7Mr; Busch questioned as to how', -
much money was received just this last year, 78.- Mr.
I • stated that we have no records of. funds being-received in 78.'
Fundswere submitted this spring in'79 and funds were submitted
• in 77'. Mr. .Ball moved to retable this until that information •
•is obtained: Mr. Anderson seconded. Motion carried.by unanimous?
I
\ roll call vote. •
2. BFEC-han Eh-fel:prises Inc.; Borrow Site Lease on Tract B, Bells •
•Flats Alaska Subdivision (B3 and B4).
Mr. Bali moved to have this item removed from the table. Mr.
Anderson seconded. Motion uassed by unanimous roll call vote.
STAFF UPDATE: Mr. Milligan presented the staff report based on-a -
- memorandum from Mr. Tubbs. The-Borough Assembly was also interested
• in the same proposal that had gone from this table that that. land
be draglined or dredged in someway and that, useable peripheral lots
be maintained around the edge. Mr. Hovanec will be-Working in con-
junction with Mr. Tubbs-in the next .few weeks in developing a recom-
mendation for you on a grading program for future subdivision layout.
Mr. Tubbs had, also recommended that you only renew the lease on one.
of Mr'. Brechen's.tracts and not on both'.
Mr. Ball moved to refer this to our work sessions between now and
our next regular meeting, and have it back with some decisions on -
the plan. Mr. Anderson seconded. Motion carried by unanimous roll -
• call vote.
•-rf
(
��\J�gnn stated that the R2��lVti0D�kJVld b�drNU�bdr'79
~ ` '� '~.
|�|
'An outline of the �'(10{mfng Program, previously agree, / _ipon'by the P& Z Commission
and the BDr0ugh A3Sembly in a joint wOrhs2S5iOn. FVll0ning discussion of the,
'program priorities, it was moved by Mrs. Crowe and seconded by Mr. Ball that the
'CoOnnis'ion adopt P & Z Commission Resolution No. 79-4-R containing a planning;,
'program for fiscal year 1980 consisting of the following items: 1) Street Name.
and House/Numbering Program, 2) Traffic Circulation Study, 3) Coastal Zone
'Management Plan which has a statutory co l8tion date Long: 0f April, 1980, 4) ��n
Range Sensing Demonstration Program, 5T an update of the 0JC'5. Impact Study,,
6) an update of the Marine Facilities Study, 7) a Bottom Fish Industry Study, ,
.8 a Management Plan involving the City of K0diak,.Kodiak Island Borough, State
of Alaska and Koniaa Regional Native Corporation, 9) the Bells FlatsLand/Use
.Development Plan, TIT) —The Annual 0.[ P Plan, 11) the Annual Capital Improve-
ment
unanimous roll call vote. ` �
',COMMISSIONER'S COMMENTS
.It was'mo' 2d by Mrs. Crowe and seconded by �r. Anderson that the Commission ' '
�
reconsider its recommendation to the Borough Assembly of �p�r0Val'0f the borrow'
' ' �
site lease requested by Mr. Russell Welborn. Mrs. Crowe indicated that the
;; reason for her motion was based upon a meeting with Mr.,Tubbs; the BoroUgh Land
Management Consultant and the Commission which indicated that Mr. Nelb8rnIs lease
may not be valid and that before making such o recommendation to the AsseNbl\/.the
�'[om0is%ion wished a legal opinion from counsel. Motion passed 4-1 with Mr Busch
Mrs. Crowe, Mr. Ball and Mr. Anderson voting yea and Mr. Perez casting the nay
!vote. '
/
|`��
/
Following further discussion, it was y!o_ved by Mr. ball and seconded by Mr. Perez
to table action on the Welborn borrow site lease recommendation' Motion passed
unanimous roll call vote.
OWORNMENT-
',Chairman Busch announced there being no further business
Commission, the meeting was adjourned at 10:30 P.U.
ATTEST:
/ .,.~_.,
� [
P & Z Secretary
to come before the ,
KODIAK ISLAND BOROUGH ; ;
PLANNING AND ZONING COMMISSION
BY
Chairman
KODIAK ISLAND BOROUGH
MEMORANDUM
DATE: March 29, 1979
TO: Honorable Mayor and Borough Assembly
FROM: Stu Denslow
SUBJECT: Borrow Site Lease Renewal
RE: Tract P-2, Bells Flats Alaska Subdivision
During the regular meeting of the P & Z Commission held on
February 21, 1979, the Commission reviewed a request by Mr,
Russell Welborn to renew his current borrow site lease.
This review is required under the provisions of Title 18,
Kodiak Island Borough Code of Ordinances for all new lease
applications as well as annual renewals. The Commission
in their Resolution #BL 78-091, has recommended the current
lease be renewed for an additional one year period.
If you elect to renew this lease the Administration will
make appropriate contract revisions along with any additional
requirement you may direct be incorporated into a new contract.
KODIAK ISLAND BOROUGH
P & Z COMMISSION
RESOLUTION NO. BL 78-091
A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION
RECOMMENDING A ONE (1) YEAR RENEWAL OF THE BORROW SITE LEASE OF KODIAK ISLAND
BOROUGH OWNED LAND ON TRACT 3-2, BELLS FLATS ALASKA SUBDIVISION. (RUSSELL
WELBORN)
WHEREAS, the Planning and Zoning Commission reviewed an application
submitted by Mr. Russell Welborn requesting a one (1) year annual renewal
of his borrow site lease, and;
WHEREAS, Title 18, Kodiak Island Borough Code of Ordinances as amended
in 1978 requires the Commission review and recommend to the Borough Assembly
all new and annual Kodiak Island Borough land lease and sale applications, and
WHEREAS, the Commission found Tract B-2 was leased to Mr. Welborn on
on June 22, 1976, for one year with annual renewal options for a period of
not.to exceed five (5) years, and; .
WHEREAS, the Commission found this request is consistent.with uses
taking place on adjacent lands.
NOW THEREFORE BE IT RESOLVED by the Kodiak Island Borough Planning and
Zoning Commission that the Commission recommends the Borough Assembly renew
Mr. Welborn's borrow site lease of Tract B-2 Bells Flats Alaska Subdivision
for a period not to exceed one year subject to the Assembly's establishment
of a cubic yardage royalty fee.
ADOPTED THIS 21st day of February, 1979.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
/
Chairman
ATTEST:
February 16, 1979
IBL -78 -091. A request for annual renewal-of a- Borrow Site Lease on Tract B -2
,Bells Flats- Alaska Subdivision. (Russell Welborn).
Russell Welborn -is requesting approval for an-annual renewal of'his current
borrow site lease. This lease was originally:approved'on June 22, 1976, for
1 year with a provision -for l -year extens4,6 until a total period of 5 years
."has lapsed.
- Attached for yourreview.is a copy of Mr. Welborn`s-application•for renewal, borrow
site lease endorsement,' his original lease enforsement dated June 22, 1976 and a
copy of the lease area site plan.
WELBORN CONSTRUCTION
P. 0. BOX 634 KODIAK. ALASKA 99615 PHONE 4B6-3274
Kodiak Island Borough
P.O. Box 1246
Kodiak, Alaska 99615
30 October 1978
,.(waLillt Ward boom*
KODIAK, PiLA$A
RECEIVE
OCT 3 1 1978
Pt
T18:9411112e112054i6A
Re: Barrow Site Lease, Tract B2, Bells Flats, Alaska Subdiv.
Gentlemen:
Enclosed herewith please find my check in the amount of $1,200.00
for annual renewal of the above lease.
Also enclosed please find plan and profile prepared by Mr. Roy
Ecklund, designating quantities removed to date.
The quantities shown indicate that no additional monies is due the
Borough at this time.
Sincerely,
WELBORN CONSTRUCTION
Russell J. Welborn, Owner
rh
1
K 630
BORROW SITE LEASE ENDORSEMENT
Serial No,
In consideration of the sum of One thousand two hundred
($ 1,200. 00 ), dollars ) receipt Of which is here by
acknowledged and receipted, Borrow Site Lease K 630 originally
J
of unp
entered into on 22nd day 19 7R is hereby
extended for a one year term as provided on page two of the lease document.
Parcel B-2 of Tract "B" Bells Flats Alaska Subdivision,
Containing 20 acres, more or'less
In Witness whereof, the parties hereto have 'caused these presents to be
executed this 31st day of October 19 78
!,•
Kodiak Island Borough, Lessor,
By:
Borough Chairman
Attest:
Lessee Borough Clerk
-AO
BORROW SITE LEASE
THIS AGREEMENT, made and entered into this 22nd - day
, 197. 6 , by and between the KODIAK ISLAND BOROU
.v 1
a municipal corporation hereinafter referred to as the Lessor an,
dOICOMEpaiMMO4MONMOM
tamtoRrazismucrioN , of Kodiak, Alaska
Box 634
e einafter referred to as the Lessee:
WITNESSETH:
WHEREAS, Chapter 6 of the Kodiak Island Borough Cade o:
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 devol
ed to public use and
WHEREAS, Section 14 of Chapter 6 provides that leases
for a term of five (5) years, or less, with less than a computed
annual minumum rental of FIVE THOUSAND and No/100ths ($5,000.00)
DOLLARS may be negotiated or offered at public auction in the dis
cretion of the Borough Assemby and
WHEREAS, Kodiak Island Borough Ordinance Number 69-8-0
1
amended Chapter 6 of the Kodiak Island Borough Code of Ordinances
and Resolutions by adding thereto Sub-Chapter 1 to provide for Bo
ough 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
1
are made a part hereof as though set forth in full.
NOW, THEREFORE, the Lessor, for and in consideration of
the sum of ONE THOUSAND TWO HUNDRED and No/100ths ($1,200.00)
DOLLARS, cash in hand paid, the receipt of which is hereby acknow
ledged and receipted for, which sum represents the minimumlease
payment for one year as provided in Section 7 of Ordinance No. 69
8-0, and of the covenants and agreements hereinafter contained, o
the part of the Lessee to be paid, kept and performed, has grante
demised and leased, and by these presents, does grant, demise and
Page One, BORROW SITE LEASE
lease unto the Lessee, for the sole and only purpose of 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
n the Kodiak Island Borough, Third Judicial District, State of
Alaska, described as follows, to-wit:
Parcel B-2 of Tract "B" BELLS FLATS ALASKA SUBDIVISION,
Containing 20 acres, more or less
Provided, however, no gravel or sand shall be removed,
taken or disturbed on any streams located on said premises.
Further that all leases issued by the Kodiak Island Borough
51-011 be subject to acquisition of good and valid title to
said land by the Kodiak Island Borough, free and clear of
all claims which may be levied against it by the Alaska
Native Land Claims Bill.
Excepting, however, a strip or parcel of land 100 feet in
width adjacent to Russian River in which no material.shall
be removed. The bank of the creek to be established by the
Borough Engineer, if necessary.
•
It is agreed that this lease shall remain in force' and
effect for a period of one (1) year only from the date of this
agreement with the right of the Lessee to renew thereafter for a'
one-year period each year until the expiration of five (5) years
om 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 any of the conditions as contained in Ordinance No.
69-8-0 or Sub-Chapter 1 of Chapter 6 of the Borough Code of Ordin-
ances and Resolutions or should the Lessee fail to occupy and use
the premises for a period of six (6) consecutive months or longer.
Lessee agrees to abide with and be bound by the covenants
and conditions contained in Ordinanc
No. 69-8-0, a copy of which
s attached hereto and by reference made a part hereof as though
Page two, BORROW SITE LEASE
Ct
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 ab
the leased area or any building or structure thereon or the equii
ment used in connection therewith during the term of this lease;
or arising during said term from any condition of any right-of-1,n
or access upon the premises or arising from any act or negligenci
t•
of the Lessee or any of his or its agents, contractors, or emplo:
ees, or arising from any accident, injury or damage whatsoever,
however caused, to any person or persons or to the property of al
person or persons, corporation or corporations, occuring during
said term, on, in, or about the leased premises or upon the acce
or right-of-way upon said premises or immediately adjacent there
used in connection with the demised premises,'and from and again
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 the
presents to be executed the day and year first above written.
tAl�taield a3-i12t/c7-70A)
ESSEE
6)-11,1-7t.0--2
Page three, BORROW SITE LEASE
KODIAK ISLAND BOROUGH, Lessor,
Borough Chairman
Borough Clerk
ACCOUNT NUMBER, TAX
Borrow Site Lease
KODIAK ISLAND BOROUGH
B-2 of Tract B
NAME'
Bells Flats Ak. Subd.
sulamm: $1,200. per year ADDRMS:
-2Tenewatrle=annuaily
• ;f0P-f-iffe-ye,aps ano-os-I
LOT: BMX :
Transferred from City - 6/22/76
Welborn Construction
Box 634
Kodiak, Alaska 99615
6/23/76
JUN 2476
6/77
W31/77
1,200.00
1,200.00
/9-/," -/
- •
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1,200.00
1 ,20 0,0,0
1,200.00
.00
1,200.00
kowr, ae sinewy
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