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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 ,..214.-:• 79 • .; N • ':•`P•,'-,`I'L7j -7--.7-7 1 r:, :: , Y11,-),,-F":77r, -• k-• if „ I, Drumm PAW PM ?181 oill12114213141516 EadyirL 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. r 4 Tvi Et) 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 ,0. N _a9002000020ABELLS-FLASSSUBO " P.O.00X.1211 f .4ao 06/30/79 KODIAK • .iinpric161-1 kpb,z ;,--tkrA e 0 ; 9615 336,0Q- REAL PROPERTY LISTING .4.AliCEL NO.: STATUS LESA - , • ' ADDRESS ' DO-44-04 -M9.00-100.961 - P.O. BOX 1246 • RAG! 21i7 OWNER/AGENT - • OLINER , - 4 • c_ITY 6-TAT-E zla-cooF 1.-41D-9AL.1.141141N---124124....--V4L.HAX-1-9N ASSESS. CHNG OTE BUILD SO FT' LAND TYPE LAND'SO AREA DELLD-F-6A--T-S-S-VDD..---T-RAGX . KODIAK ISL.-AND-BOROUGH BOX 1246 • KODIAK 1 1-14_19003ookaol P.0. 80X 1246 P • • I • 6 • Z • P.0.-BOX 1225 SLANEL-aOROUGH KODIAK • KODZAK-1,-SLAND-BOROUGH ,KOD1AK ,• - KDD_LAK--15LAND_BOROLGH KODIAK _45.1..NO_DDROUG.H 1 KODIAK, ..,„ , • • • .. • • _4;Loaoattaaao, •1 - RA11C FLATS CTIRD TA R tnT R-2 KrInTAK.45LAND_EnaouGH P.C. BOX 634 • • • KODIAK 10179 -a9o0Ano9s.ol RP, I K l LTC CART TI? .1 1 ITT R-1 KnnTAK ISLANa.J3.0Rnur14 • LEASFF/npF AK ' 99615 10179 'AK 99615 10179 • 0 2100. 0 , • • 'AK. 99615 , • 4300 ' 10179' :0 .A , AK 99615 6900 ,. 10179 0 A A....E.AsEEyFFIrna_caysgeur AK •-, 99615 . . , 60000 10179 - 0 A • 1PASEELNELOURN-CONSIR1 IC AK 99615' 60000 0 A • 4 • 11911919 9K94 91'LL AI ATS STIFIFI- T9 R TIT' 89 1.7 0 2.75 0 18.60 GLI________LEEEILLP_EN'' 0 60000 0 10179 . 0 ' A 20.80 KODIAK ISLAND nnqouGa LEASE-El-02EN 48000 '10179 0 ,A 19.40 k- IAK 151-ANO-0.020.14b1.---1,---LEASFF/9RFCHAN.FRF9 .'1 KODIAK AK 99615* 0 12150 10179 768 . 0.00 K ISLAND -130ROUBH--- LEASEET-85=m KODIAK ' AK 99615 51500 9- f . 10179 • . , 0 4.50 ' • 1 rl_sEE.40P-EN KODIAK AK 99615 * 52500 • 0 10179 ' 0 A 17.71 1...'45EF/WELEIZDN 1., WPI.GH AK .' 99615. •, 56600, 1 s 'FT A TS' 'SURD.' TR A 0T- p-i • OX 1275 ...R9_003P" RFI FLATS cue : P.O. -BOX 1264 . , • P.O. pox 1246 -AND-BOROUGH 04-AK-1.5LAND-BOROUGH: .1R9G-143040-9904 -- P.O. BOX 1246 KODIAK TFASEE4DReN1. ' AK 99615 ft 107 1:)6.--______44.004-AK--ISLANO BOR0-1,1101 10179 P90 o„laos;Ls TO . e„ ^ • • LESSES/DREN eF) 1 A AI A TS CUR =R900-M09-94-7 • * , 10.179'' AND___BDROUGH LEASEE..4hPFN • . 54300 • 0 A• -a ' 19020 "•••., 0 18.10 0 • 10179 0 7200 10.40 0 2.50 • ‘• . _ ....... ' *PARCEL NO. STATUS LEGAL DESC ADDREqq ' , • Lasmo3nOss e 4 PAGE 288 - 4 . OWNER/AGENT "ADDRE' E OWNR - CATY saAxE rii_coozL_LANDil_v4LuAluAlow__LJApit -.ALA.L.UAX-1.011N ASSESS. CHNG DTE BUILD SO FT LAND TYPE LAND SO AREA ' 4 FI„ATS-S-418.0,-T-R-A-1.,OT P.O.. 80X16011 600 ": ' -;- ,; '296500''', ' , < . , , • A 27 85 . A - RF31 ELA-TS-51.111a..---T_E--A-1 fl r .P..a 0EATER.EARt KODIAK . . , .AK 79:i'CIAuF ; 0 3000 0 % T-R-AGT—A O0-1 4K 1.56ANU-BOROUGH 10179, . . 0 . A . ' 3. 60 , . • . . . , 0 , 230.15 LR-900.30.1.0.0-1.6 - A B EL.L.S--F.1.-. HOLM-.-NORMAN C DOROTHY P.O. BOX 365 KODIAK . AK '99615 , 24680 0 A P.O. -BOX 1273 • 80-LLS-L.5-CS.-S-UB-13-.--L-0.T,2-411...K-4 WI-6513.1,6l.GARY-C,-DARLEN _14..94)4-341-04)29 - '-P.O. BOX 2297. : . ' '',. , KODIA'r . t ,—. . , AK ., - . 99615 '-, , 24700 10179 .. , , ,. . , 44-9-0,030-1-0040 'A -":13E-1.6- ..k 1- ` 3 A.GOBS0N.49 A TR fC 1A-A • :, 10179 6 • 17 P.O. -BOX 1313 ' KODIAK' -R..90.0.3.010050 -A BES..-...E 1 E12.044-.AN..044NAL-D-r.--SOPI-4. •,' ' ' P.0. BOX 394-' ., !.. .. , ' • , . . a,„ . :...R.90.0.301,0460 -4.-2----BELL5-4CLA,TS-51.1..--1■14T1-6-8614......1 -06-LX:5,-PAMELA 4 ' P.O.-BOX 712 . . KODIAK 'AK. 99615 1248 A AK 99615 10179 ' ".• 130X - 650 USCG WLLL-LA.M___G -:- KODIAK , * ;21: 64600 14.13 30200 - 0 'A 60500 , • 0 ' 7.56 ' • 8500 12.03 28500 16700 • 9.51 Lia91103010073________ABEL1 SELATC Ciffin frIT 7 9 _OLOLY C PHERE_SaN.CFNF P.O. BOX 2165 . KODIAK AK 99615 ' 0 .23700 10179 . - 1612 . 0.00 .09003011 SINGLEICIU,EDWAR/1 C ZIT - A - !-IpLtc FIATS 5NR0 LOT 14-434X-.4 13 0 SOX 2283 1<0013.1< 3.1< 99615 9400 •• , , ;,' , .-,' , '' ,.;':. ...:'; • ' -. ;"' . • "' " . . '' 4029:29r.g0,_ 4 Le.90 alai 2n 0._______:A_1101 C. 131 Als_s_unn- 1 OT 9F1 .E3L_K__1________ 2.12.111124-LAMES L. MARGARET T • • . ' , ' . ' . , -, - e • , ` " ' ; ' ' ' - P.O. BOX 3031 . . KODCAK AK , 99615 , 17200 ' 0 , - ; 10179 0 F 93641 .00 _A9003013030 _BELLS E 1 3.70 surin. 1 nr 1.C.__3L_KI_______PRY4).R.,..I.A1159 &__B AIWA REX P.O. BOX 3031 K OD I AK -.17200, 10179 , JR90030.14030_____A_OELLS_FLATS_SUBD._LOT_30.B K 1 P.O. 110x 24.1 CY.AREN KODIAK AK 99515 10179 _89003070002__ _A _ ULLL 1LAT5 LUU. LtJI 2I2L 2 S"LDLEY.0.1.-. p.n. (MK .m990,10.'0901 A Pt LI '. A 17, 01 3 333,, '4,06/30;'7,4 3r7C.3P-.AN. +6,11 IPT Pt r_. Of , birurr ";' " - AK 101i9 0 , 93641.00 4 • 9200 32'100 REAL PROPERTY LISTING • PAGE 289 ■■ '*PARCEL NO. STATUS LEGAL DESC OWNER/AGENT - C T rr OWNER cTATI; 7 TP rnr-, ■ a • 06/30/79 REAL PROPERTY LISTING ' • , OPARCEL NO. • STATUS • -LEGAL oesc", 'OWNER/AGENT ADOR€S9 • • , • --P-90940•19.04-3=-A--R.3355-1 .P.O. -BOX 7099,', • . . _aaa040_,..dius "A- RUSS.4AN-C1ZEEK_SUO ' JACKSON..7H URSTON_T-.- • P.O. 60X-1215 KOD I AK AK , ',99615 • - . _ ige 4 10179 -490-04-1-0016 A US-S4—clr„—S400--41AC.T—P MARTI NE2ROBE--&--BAR8AR * P.0.-BOX 2574 • KOOIAK 'AK' 99615 -L6-900404-0047 R-US4-TAN--C.REE-K-S-U439-.-7RAG4-13' , • K I-NG-.-SUE ' • ADDREss • CI TY . PAGE 296 Coo. • 1„.A.NDv_ALLtAT.I.IM.P_1 V 41-UALLOALL-L2_ • ASSESS. CHNG OTE BUILD SO FT LAND TYPE 'LAND SO AREA • -BLA-1-17-.6-013E117--&--3-11_CKMAN.P FEL701Q. JOHN. • ' 311 S SOULA NT 337099 -; • .2900 e 0 18700 1851 A 46500 • - - • 9.34" P:0.• BOX 594 -R909404-0920 A URS-1-A N-GRE-8.K-S11.819-.--L 0 T 2' P.O.,7BOX 321 KODIAK-I-SLAW -60R0UG3 KODIAK AK 99615 22200 10179 0 A • MA1)SE-N-.-R0 Y-1-1. KODIAK . . • 0 11.09 , ' P.0.-BOX 1246 _ _ . • _ AK • „ 99645 . ' • ' 41.501i' 75960 - 10179, 4 ' • KODIAK K AK 99615 , 28700 0 10179 4.11 -00 K BL-A-I-R-.R067 f..-. HICK.44AN-,5AX-411.04M€44...LEO3'400 P.O. BOX 3085 , K001 AK AK 99615 1200 18900 59916.00 i -R-9110.41-1110 3US5 1-AN-CREZ--SL033-..---L 07 46 ' ' B1A-1-1-. R Of) T -f' 'HICKMANRAX - • ' •• '' " '' ' ' P .0. • BOX 2337 . K OD I AK AK ' .99615 11300 0 • . - ' 10179 0 F 54850.00 A • , RUSRLAAL-C-9.F_EK_S11811.___L_137_...5LAINGEORD-.C.L.ALLENCE _13.9.0.04.13-1-00.g.0 . . ; , SOO. ', . . . , • . , . • , i ,3 . 08 •' ; - .. . • . .. . , . _129130.40.L09150-1.1g g 1A6L-CREEK-SLIBL) -- -1 57' -6 - - -- _:._..oatAtm.:_t_oui s 9._JEANE_TIE_L_. . , , ' P.0; BOX 954 • • • . , K OD I AK , ' AK 99615 - 22400 28900 • • -- -- . . 10179 '0 A 3.20 , .. -43_90040.31307-55.3,...3 ARNOLD.. AR NOL-D-&-W A-L-TER • - , . ' • 975- WALSEN ROAD -- -. - - --; -- '••• - --- - .- COLORADO SPRING' • ' CO ,„ :80908 r ' 29700 , -.: - , 0 e • STAR ROUTE ' • .L4-NOSEY.,JOHN--.1 » • LIANDS EY.* • WINONA MO • 65588 16100 11600 '' 10179 0 A .._7_ .P....A ,. . 2.30 _R900401911 A 01155_ANCRFK flD137 QA s.ess ,wm s r niEENK P.O. 'BOX 2423 • . . KODIAK . •- AK ' ' 99615 - , 11500 ' ,., , -•• 500 10179 : ' ■ 1 ' 0 . , ". . F • , , ::.' 722E32.00 ; - • • ,, . . * . ' _R90.04030.092 • A___RUSS I A NLC13 EEK.S.U.BD_-• 1 T17 9(1 K I nn ,CHAT4LES & CD UNI_F P.O. SOX 2183 K1301 AK • AK 99615 11500 20000 - _RQ 004010100 . C.-..:3LEK SUDO.. LOT 10, • p .0 . ;1117 22.31 ..11000,.0 t0110 A 0,100 . LOI 11 P.U. ,MASIE.vARY L KpoinK C0015.1,1)1:5 L. w001 A‹ 10177 0 6 1.65 AK ' 99810 25000 10179 6 A AK 1500 3.69 . 37500 17rfk.4.,„,r, 06/30/79 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 r., -1r •:71.. I - r FOTO! ,i1i1111 ■■,,,r111.11 I ' r„f ST zrlf A -441:Cti CU: otn-4.-66;eit'ff AtAi,Zit 44, W' #V1,4 4 • _ 1-1 FC.--114 V-2 7 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-/," -/ - • / „ . 1,200.00 1 ,20 0,0,0 1,200.00 .00 1,200.00 kowr, ae sinewy :cl • (RAC -( i3-1 r `r4 $i•�..� ` r� t r� R3 rf. Z,Z4 .::.t �.�r r ► ".a eo+. Ott.., r ' /•.a,�A41�_:',...._:..:?',i 4,A,! ;.4N4krr;9651. -4S ug,.