BELLS FLATS TR A BK 3 ALL - Land DisposalKODIAK ISLAND BOROUGH
Telephones 486 -5736 - 486 -5737 — Box 1246
KODIAK, ALASKA 99615
July 19, 1983
Mr. Michael C. Brechan, President
Brechan Enterprises, Inc.
Box 1275
Kodiak, AK 99615
Dear Mike:
Phil Shealy asked me to inquire about fencing and trees on "Tract P -1"
which is now Block 3, Tract A, Bells Flats Alaska Subdivision.
According to the Clerk's records, Phil sent a letter to you on. June 29,
1981 advising of an Assembly directed change in your development plan
for "P =1 ", as follows: "1981 -82 The Planting of trees along Uyak and
the erection of a fence." A copy of his previous letter and the Assembly
minutes involved are enclosed for your information.
The amendments placed on the development plan need to be taken care of
as soon as possible as area residents and the Assembly are inquiring
about the status of the "trees and fence."
Sincerely,
William Walton
Land Manager
cc: Lonnie White
Phil Shealy
Mary Mathis
jig
Enclosure
KODIAK ISL - N DD BOROUGh
'June 29, 1981
Telephones 486 -5736 - 486 -5737 — Box 1246
KODIAK, ALASKA 99615
":Mr. Michael C. Brechan, President
Brechan Enterprises, Inc.
Box 1275
Kodiak, Alaska 99615
:,Dear Mike:
:Pursuant to our telephone conversation today, please be advised
that the Borough Assembly in their work session last night
instructed me to proceed with the Borough attorney in finalizing
the land sale of Block 3, Tract A, Bells Flats Alaska Subdivision,
commonly known as Tract P -1.
Also please be advised that the Assembly .in their.work session
indicated that they desired the development plan to be amended
on page 2 under the.time'schedule to indicate that a fence would
be installed along Uyak Drive along with suitable plantings by
the end of 1982.
If you have any questions regarding this matter, please cfintact
me at your earliest convenience.
Sincerely,
`/.
i
Phil Shealy
Manager
KIB ASSEMBLY MEETING - June 4, 1981
PAGE 6
. KIBSD Request for Purchase of Chiniak Trailer for Teacher Housing
- , -
....,-'7,-.....-.-. . Anderson . moved to exercise the option. ' Seconded by Mr. Wakefield,
Motion carried 6-1 with Mr. Herrnsteen opposing.
..,.
: •-.... .--. . . . ....„ . •• .• - ..
..,,,,,,,.. • •st.• , :.■ : , .. .. . 7 . •
4 .A',1 Sale (Block 3;lract A, Bells Flats AK Subd.) 1:..
., ...:..,.: ......
Jhe Chair will entertain a motion that Mr. Brechan's Development Plan
s an acceptable plan for the purpose of the sale of P-1.
r. Anderson so moved. Seconded by Mr. Peotter.
r..White moved to amend by the addition of 1. a. on page 2 will say
.1981 --82 The planting of trees along Uyak and the erection of a fence.
Seconded by •r. Herrnsteen. Amendment carried 4-3 with Mr. Arndt, Mr. -
Murray and Mr Peotter casting the NO votes
ain frmtion as amended carried 6-1. with Mr. White casting the NO vote.
. Peotter moved to go into'Executive-Session to discuss legal matter and
-'some matters of personnel. Seconded by Mr. Herrnsteen. Unanimous voice. vote.
•
Mr. Potter reported out of Executive Session : (LEGAL)
, _We are facing temporary restraining'order regarding some litigation dnd •
we have given the attorney directions to follow regarding the litigation.
(PERSONNEL) The Assembly has negotiated with Mr. Hansen so that when the new
manager .comes on board Mr. Hansen will be available as a consultant
at a $40 an hour rate when he is in the building and $10 per
telephone consultation.
- •
H:..The Chair will direct to jump ahead to NEW BUSINESS and return to the Managers
Report tomorrow.
• X •NEW BUSINESS
F. Resolution No. 81-30-R Authorizing A One Time (Single Year)
Reduction To Property Taxes
Mr. Anderson moved to adopt Resolution No: 81-30-R. Seconded by Mr.
Wakefield.
Mr. Murray moved to amend the resolution by putting the amount
of 1.5 mills in paragraph 4. Seconded by Mr. Wakefield.
Amendment carried by unanimous voice vote.
Main motion as amended carried unanimously.
G. Recommendation For Bid Awards / Borough Vehicles
Mr. Murray moved to accept the Staff's recommendation for award of one
bid in the amount of $7,215.25 to Berg Motors for a (Id Ton Van.and
the other bid in the amount of $20,472.00 to Kodiak Motors for three
(4)-Door Escort Wagons. Seconded by Mr. Herrnsteen. Motion carried
with no objection.
- (Ix MANAGERS REPORT)
,10. Borough/State Land Settlement
-Mr. Peotter moved that the Manager be authorized to deliver and execute
:the Agreement of Settlement and Consent Decree with the State regarding
settlement. •_Seconded byMr. Arndt. :Unanimous',Voice'vote.,
. •
KODIAK ISLAND BOROUGH
MEMORANDUM
DATE: July 10, 1981
TO: Philip Shealy, Manager
FROM: Will Walton, Director of Community Development //-4:1(tele-
SUBJ: Tract A, lot 3, Bells Flats Alaska Subdivision
(AKA P-1 and Brechan's Gravel Pit)
Per your request, please find attached a report from the
Zoning Officer concerning setback encroachment problems
at the Brechan Gravel Pit.
If the stored materials are in the road right-of-way we can
require that they be moved. Measurements by the Zoning
Officer yesterday indicate that the materials are not in
'the right-of-way but are in the yard setback areas. It is
going to be very difficult to "prove" when the materials
were placed in the yard setback for "grandfathering" pur-
poses. It is my feeling that an informal request to Mike
Brechan to move the items in question is the hest approach.
Would you like us to proceed in that manner?
CC: Zoning Officer
DALE P. TUBBS
LAND MANAGEMENT CONSULTANT
1234 W. HILLCREST DRIVE ANCHORAGE, ALASKA 99503
TELEPHONE (907) 279-9931
MEMORANDUM
November 12,.1980
To: Murray D. Snyder
.Borough Manager
From: Dale P. Tubbs
Land Consultant
r rt,u,caik
KOD■AK, ALAtV%
.rro t
—it 1PCU
NOV 1 3 1980
-,rde
8;94%.11}441%415g6
Subject: K-633 Expired Gravel L,ease to Brecken Enterprises
for Parcel P-1.
Brecken Enterprises submitted a payment of $1,200 to the borough
to continue their occupancy of Parcel P-1 for another year. The •
second series of five one year leases expired September 9, 1979.
Brecken Enterprises requested to have the parcel brought up for
long term lease or sale prior to the expiration of their lease.
Two proposals to offer .the land, a long term lease and sale, have
been set aside by assembly action.and,the use of the land continues
without final resolution. A letter was sent to Brecken.Enterprises
about a year ago stating their use could_continue on a month to
month basis at the rate of $100 per month plus remuneration for
any gravel removed. At the time the letter was sent the disposal
of the tract was to.take place within a reasonably short-term
period - less than six months.
The Planning and Zoning Commission and the Assembly should
re-examine this situation and determine if such authorization is .
to be continued, modified, or stopped. The records should also
be examined to determine if the $1,200 submitted covers the last
twelve months or is for the next twelve months and determine if
any gravel was removed for which payment may be due.
Continued use and occupancy of the tract without a formal lease
or sale contract undermines the borough's ability to-enforce its
ordinances on.land use with equity. Brecken Enterprises also
needs a firm decision in order to conduct their operation with
some long range goals.
cc: Planning and Zoning Commission
Richard Garnett - Attorney
KODIAK ISLAND BOROUGH
P. 0. Box 1246
Kodiak, Alaska 99615
Ten Year Industrial Lease Offering
The Kodiak Island Borough on January 19, 1980 at 1:00 P.M. will
offer a ten year industrial lease at a public outcry auction for
Parcel P-1 of Tract A of the Bells Flats Alaska Subdivision. The
gross area of Parcel P-1 is 20.284 acres. Use of the area is to
conform to the industrial zoning ordinance. The lease offering
will include a provision to compensate the Borough for any gravel
material that may be removed in development of the site. The
gravel will not be a bid item, but will be charged at the minimum
rate as established in Section 18.60.060 of the KIB Code of
Ordinances.
No bids will be considered that are less than the minimum estab-
lished annual rent of $7100.00 . This minimum is based on
ten percent of the 1980 assessed value of Parcel P-1. The lease
will contain a provision to reevaluate the annual rent at the end
of the first five year period as provided in Section 18.40.080 of
the KIB Code of Ordinances. The successful bidder will be re-
quired to pay the first month's rent at the time of offering and
sign a conditional lease receipt.
Bidders must qualify prior to bidding by submitting an approved
development plan to show substantial utilization and reclamation
of thT entire parcel. Development plans must be submitted to
the Borough Manager's office by 4:00 P.M. December 28, 1979.
The development plan shall include the minimum standards for
development plans listed in Section 18.20.100 D of the KIB Code
of Ordinances. Plans not meeting the minimum standards as deter-
mined by the Borough Manager shall be returned to the applicant
for revision and resubmission within ten calendar days. The
successful bidder's development plan and time schedule will become
a part of the lease agreement for contract performance. The lease
agreement shall also contain a requirement of the lessee to pay a
road service district mill rate based on the assessed value of
the lease and improvements thereon.
The lease auction will take place in the Kodiak Island Borough
Assembly meeting room. Copies of the sample lease agreement
may be obtained from the Borough Manager.
The Kodiak Island Borough reserves the right to adjourn, postpone,
or vacate this offering in whole or in part, at any time, prior
to auction, if such action appears necessary to protect the
Borough's interest.
Borough Manager
Publish: Dec. 14, 21, 1979
Post: Dec. 14, 1979 at KIB Office Building, Kodiak Post Office
and State Courthouse Building
23.
'BRECHAN
ENTERPRISES INC.
R(OI -MiX
CONCRE It •
GENERAL.
:CONTRACTOR
KOOIAK ACASKA -
BRECHAN ENTERPRISES, INC /GENERAL CONTRACTORS
November 26, 1979
Kodiak Island Borough
Box 1246
Kodiak, Alaska 99615
BOX 1275 PHONE (907) 486 -3215
KODIAK, ALASKA 996(1.5xlialt island boJxmgb
KODIAK, ALAN
Attention: Harry Milligan
Subject: Lease of Tract P -1 of Tract A
Bells Flats Alaska Subdivision
Dear Mr. Milligan:
!P ECFi. CIVF
Nov 271979
Per our phone conversations we expect this letter to serve as
our application for the lease of Tract P -1 of Tract A, Bells
Flats Alaska Subdivision.
As youare aware, we had originally applied for the sale of this
piece of property complete with our developmental plan and necess-
ary requirements in accordance with the ordinances. Therefore
if you would attach this cover letter to our original application
I'm sure it will meet all of the requirements of the application
for lease of borough lands.
As I will be out of town between the 28th of November and right
before Christmas, if you have any questions concerning this matter
you may contact our office and I'm sure they will be able to help
you.
Sincerely yours,
BRECHAN ENTERPRISES, INC.
Michael C. Brechan
Vice President
MCB:njm
We Are An Equal Opportunity Employer
KODIAK ISLAND BOROUGH
Telephones 486-5736 - 486-5737 — Box 1246
KODIAK, ALASKA 99615
MEMORANDUM
DATE: *vember 25, 1980
TO: Planning and Zoning Commission
FROM:. Planning Staff
SUBJ: Case Histroy, Case File #0-79-036
RE: Request to purchase Borough land Parcel P-1, Tract A, Bells Flats
Alaska'SubdiviSion.
REQUEST:
Brechan Enterprises has submitted an application requesting permission to
purchas Parcel P-1 of Tract A, Bells Flats Alaska Subdivision. Their current
lease is scheduled to expire on September 9, 1979.
You have attached to this report a memorandum from Mr. Dale Tubbs the
Borough Land Management Consultant. A report from the Borough Engineer. Brechan
Enterprises' application for purchase of Parcel P-1 and their redevelopment plan.
In preparing your recommendation on the disposition of this request there are
several points you should address. The following items have been identified by
Mr. Tubbs,
1. Has parcel P-1 been platted and the plat recorded in compliance with
the Borough platting Ordinance?. I believe there are Borough minutes re-,
flecting the approval of a plat in 1969; however, it is not clear if the
plat was recorded or if the proper monuments were placed at the corners of
the parcel.
Staff finds the records on file in the Borough Clerks office indicate Kodiak
Island Borough Resolution #69-30-R adopted on August 21, 1969, approved a plat
of parcel P-1, Tract "A", Bell Flats Alaska Subdivision. The plat was not re-
corded upon discovery of the plat, staff had the plat recorded on August 8, 1979.
2. Is Brechan Enterprises, Inc. obligated to restore the site to the
minimum required in 18.69.079 (I) prior to offering the site? Yes, if the
site is going to be closed out as a material site. If a decision is make to
sell the site, there may be justification to allow credit to a qualified
purchaser other than Brechan Enterprises, Inc. for doing the minimum re-
storation work. This should be charged back to Brechan Enterprises, Inc.
if not completed by Brechan.
3. What will the advantages be to sell the site on a restoration develop-
ment plan? The restoration development plan will give some assurance to the
hole in the ground being filled and/or made usable.
MEMORANDUM,,Page 2
August 8,. 1979
4. Is the Borough bbligatedrto offer this.Parce1 . for sale? No. Then
what happens? Brechan Enterprises, Inc. is a vaild business in an area'zoned
as industrial. Wheremill the business relocate to.and still meet all code .
and environmental restrictions?
5. What precedent is being set if thiS parcel is offered for sale 'when
no other available site in the area is _being offered? Should the other graVel
lessees then be Offered the right to.buy their leased areas?
In addition to the points raised by Mr. Tubbs there areother,things for you
to .consider.
1. From a land Management policy s'otandpoint, should the Borough divest its
self of all lands not required for public puposes. In other words should the Bor-
ough get out of the land lease business.
2. From a Planning perspective should the Borough liquidate this site or hold
it pending completion of the Bells Flats Long Range Development Plan.
ANALYSIS: .
' Staff agrees with the .philosophy that the Borough should not be in the land
ownership business. The Borough;sheuld-divest its self of all lands not required
for public purpose.
From a planning point of view it appears premature to liquidate the Borough's
Bells Flats Industrial Lands pending completion of the Alaska Native Claims Settle-
ment Act and Convayence to the Native Corporations their lands. Coupled with
adoption of a Comprehensive Land Use Plan for the Long Range Development of Bells
Flats.
If an adopted plan reflected a need in 10 to 20 years for industrial develop-
ment to be centered in Bells Flats then.the land should be sold. If not then the
lease holds can be eliminated, the land rezoned and sold for purposes consistant
with the plan.
However, in the interium it appears that it is in the Boroughs best interest
to retain this site and to offer it for lease on a 10 to 20 year basis in accord-
ance with Title 18 of the Kodiak Island Borough Code of Ordinances.
KODIAK ISLAND BOROUGH
RESOLUTION NUMBER 79-60-R
- A RESOLUTION OF THE.KODIAK ISLAND BOROUGH ASSEMBLY SETTING FORTH THE TERMS
AND CONDITIONS FOR A PUBLIC OFFERING OF A TEN YEAR LEASE OF PARCEL P-1, TRACT A,
BELLS FLATS ALASKA SUBDIVISION.
WHEREAS, the negotiated borrow lease on Parcel P-1, Tract A, Bells Flats
Alaska Subdivision expired September 9, 1979, and
WHEREAS, this has been the location of a major gravel extraction and
gravel processing site in the Kodiak Island Borough, and
WHEREAS, the site is zoned industrial, and
WHEREAS, the Kodiak Island Borough Assembly has determined the site is
surplus to the Borough needs and the site should be made available for continu-
ing industrial use for the next ten (10) year period,
NOW, THEREFORE,.the Kodiak Island Borough Assembly authorizes Parcel P-1,
Tract A, Bells Flats Alaska Subdivision be offered for lease subject to the
following terms and conditions:
1. The lease term not to exceed ten (10) years.
2. The offering to be made at a public auction.
3. Bidders must qualify prior to bidding by having
an approved development plan as provided in
Section 18.20.100 of the Kodiak Island Borough
Code of Ordinances.
4. The offering shall include a provision to pay
the unit price for gravel as set by Section
18.60.060 (A) of the,Kodiak Island Borough
Code of Ordinances for any gravel removed from
the site during the lease period.
5. The lease rate is to be adjusted at the end of
the first five (5) year term as provided in
Section 18.40.080 of the Code of Ordinances.
6. The minimum lease rate is to be determined by
the assessor and it shall be based on ten (10)
percent of the assessed land value.
7. The mill rate established for the Bells Flats
Road Service District will be charged to the
lessee based on the assessed value of the land
and improvements located thereon.
•;.7,1:0
.-7...... .. .::., , • '
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:•: 'The public auction to offer this leasels"to".;-
. .
. .. . .
take "place 1:30 P,M.,.January 19;1980in'the '.2-',:•—
.. ,
Borough Assembly Chambers.
PASSED this 7th day of November ,1979.
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ATTESTS:-'
•• tr" • •
-•
• •,-.-1‘. L Z ; •
r, ,e
eaurer
PAGE 2
RESOLUTION 79-60-R
PARCEL P-1, Tract A Bells Flats Alaska Subdivision
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KI5 ASSERLY qEETEIG-,OVEdER 7, 1979 PAGE
Peotter moved to amend paraeraph 3, line 2 to change 626 square feet to
square feet and linedechane Rooms to Room aed delete 315, and .316; upon the
vacancy of 313 and 316 these rooms will be added to the space r ide available
to the State Legislative Affairs Aeency office. Seconded by :le. Anderson.
Amendment failed 3-3; r. Aederson, :'errnsteen and Ar. Peotter voted YES
with 1r Cannon, r Hansen and ;:rd C!eg cast'op ;0 votes. 'oin motion carried
de-2; d:r. Cannon, Ar. Hansenalr. Harrnsteen end dr. Ore voted r7,5 efith r.
Aaderson and Jr. Peotter casting a0 votes.
;.solution 7,-.)-53-R Subdivision of Lot 1 7, `aalls, Fiats AK Sub-
division (Kelly 'akefield). layor `!allin read the correspondence and resolution.
Ir. Hansen moved for adoption of Resolution ;1173-e72:-.O. Seconded b r Oeg.
,lotion carried by unanimous roll call vote.
C. eeleted.
O. Ordinance #737-0 Rezoning Lo0 1-31, Port Lions Subdivision from 'detershed
to R-1 Single Family Residential (KNO, Housing Authority). ,ayor '!allin read
the correspondence and ordinance by- title only. 'ire neo :loved for adoetioe
at first reading of Ordinance 7-37-0: Seconded by :1r. Hansen. It was explained
that the Afognak dative Corporation does not object and the sewer service will be
adequate. ootion carried by unanimous roll call vote.
E. drdinance 133-36-0 Requesting an Ieterpretation of :.ccessory Uses io the
Service/Recreational iistrict to Determine if a Veterinary Office 'ould be an
Allowed Accessory Use to an Animal Shelter (City of Kodiak). Information only.
F. a) Ordinance #7)-39-3 Rezoning Tract J, 'SS 3218, Lot 2A, :-.1Ock 1, Holland
Acres, 1st Addn., and Unsubdivided Portion of USS 3213 from Unclassified to
`dusiness (Parsons/Zimmer/Rasmussen) '
b ;;rdinance 479-39-0A Rezoning Tract J, USS .1210 From Unclassified to
Gusiness (Parsons). dr. WIlioan stated the three pieces were petitioned by
the individual owners. P Z recommended rezoning only Tract J. Ir. Hansen
pointed ,out that r Z*mer's property had 'eeen presented for rezoning pre-
viously and explained the history of the three parcels. a". :Alligan stated
there was no public opposition presented at the L eublic hearing. r.
Ogg moved for adootion of Ordinance #79-n-9 at first reading. „lotion carried
5-1; 11r. anderson, Jr. Cannon, 4.. Hansen, ir. Coo and :r. Peotter voted YES
with ir. Herrn§teen casting one '10 vote. jr: Cannon moved to approve Crdinance
PO-39-0A at first reading. Seconded by Ir. ,-,ederson. .kytion carried 4-2; dr.
ionderson, 4.. Cannon, nr. Herrnsteen and dr. Peotter voted YES leith':]r. Pansen
and fr. Ogg casting :10 votes.
G. Transfer of Funds-Attorney's Fees. ;ayor 11in read the memorandum.
Jr. Peotter moved to follow the recommendation of the acting borough manager.
Seconded by 11r. Hansen. -lotion carried by unanimous roll call vote.
Resolution #79-60-R Requirements for. Lease of Parcel P-1, Tract A, Bells --
Flats AK Subdivision. Mayor 'allin read the resolution. :r. Peotter woved
for adoption of Resolution #79-60-ge Seconded by dr. ransen. otion carried
by unanimous roll call vote.
I. InitiWve Petition Partially Exempting 'oats and Vessels from Property
Tax. Jayor read memo from ;Arough Clerk dated July 20, 1973. dr. fgg
moved to accept the initiative petition to be olaced on the ballot at the next
eeneral election to be held by the KIB. Seconded by ;r. Herrnsteen. The
borough attorney's letter was read. !Ir. Tom Lo9an stated that ':rs. Lechler
had failed to state to the petition signers that one-half of the money the
borough receives comes indirectly from the boats and many sioners would not
have signed had they understood this. Jrs. Lochner has requested this init-
iative appear ontY4o,o ballot at the next oeneral election. 'otioo carried
e-1; Anderson, oa. Cannon, Jr. Hansen, 1r. Verrnsteen, and '-;r. Ogg voted
YES with ,r. Peotter castino one I vote.
J. Contract with Roy A. Ecklund for Professional Services-Chiniak School Site.
:ayor i.allin read memo and contract from dr. Ecklund. :r. Cog moved to author-
ize J,935 for site survey to go to ar. Roy A. Ecklund of Kodiak for the contract.
Seconded by dr. Hansen. It was pointed out the well at Chiniak school is a
oroblem eid they need a perc test. iotion carried by unanimous roll call vote.
d.t P.J. the assembly agreed to stay to finish the agenda.
KIB ASSEMBLY'MEETING-SEPTEMBER 6, 1979.(recessed to Sept. 7) PAGE 7
by Mrs.'KaVanaugh.: Motion 'carried 4-2; Mr. Anderson', Mr. Jack,
If:Mr.s.Kavanaugh and Mr. Peotter voted YES with Mr. Hansen and
Mr-. Ogg casting NO votes.
Inds. Enterprises Request for purchase/Lease of KIB
nd
as. ' Mayor Wallin read memo from Mr. Denslow dated August 21,
1979. Mrs. Kavanaugh moved that Parcel P-1, Tract A,_Bells
Flats AK Subdivision be offered for a ten year lease-at public
auction and go to public auction for an additional ten year
lease. Seconded by Mr. Hansen. Mrs. Kavanaugh, with the consent
of the second, changed to length of the lease to fifty-five years
and eliminate the additional ten years.
Meeting recessed at 8:55 P.M. and reconvened at 9:07 P.M.
Mr. Ogg moved by substitution to sell at public auction with
a development plan. Seconded by Mrs. Kavanaugh. Mr. Brechan
stated Brechan Enterprises would be prepared to go to public
auction within the realm of economic reason but would also
go along with leasing if necessary. Mrs. Kavanaugh called the
question. Seconded by Mr. Ogg. Motion failed 2=4; Mrs.
Kavanaugh and Mr. Ogg voted YES with Mr. Anderson, Mr. Hansen,
Mr. Jack and Mr. Peotter casting NO votes. Mr. Brechanstated
he had notified the borough in July of his request to buy or
lease and felt he should have an interim agreement until some
decision can be made. Substitute motion failed 3-3; Mr.. Hansen,
- -- Mrs. Kavanaugh and Mr. Ogg voted YES with Mr. Anderson, Mr.
Jack and Mr. •Peotter casting NO votes. Mr. Peotter moved to
amend by substitution that P-1 be offered to lease at public
auction for a period of ten years with renewal of lease for
ten year period and lease be granted until date of sale.
Seconded by Mr. Jack. Motion failed 3-3; Mr. Jack, Mrs. :.
Kavanaugh and Mr. Peotter voted YES with Mr. Anderson, Mr. ,
Hansen and Mr. Ogg casting NO votes. Main motion failed 2-4;
Mr. Hansen and Mrs. Kavanaugh voted YES, with Mr. Anderson, Mr,
Jack, Mr. Ogg and Mr. Peotter casting NO votes. Mr. Anderson
moved that P Z Resolution 0-79-036 in paragraph 4 change
ten years to twenty years changing the last paragraph to read
'BE IT FURTHER RESOLVED that an extension of the lease be
granted until the date of sale (of the lease)". Seconded by
Mr. Ogg. Motion failed 2-4; Mr. Hansen and Mr. Ogg voted YES
with Mr. Anderson, Mr. Jack, Mrs. Kavanaugh and Mr. Peotter
casting NO votes. Mr. Jack moved to put P-1 up for open lease
to run until the property is available for sale. Died for
lack of a second. Mr. Peotter moved that P-1, Tract A, Bells
flats AK Subdivision be offered at lease at public auction for
a period of ten years. Seconded by Mr. Ogg. Motion carried
by unanimous roll call vote.
Recess called at 9:40 P.M.; meeting reconvened at 9:53 P.M.
K. Memo from Gary L. Hovanec, Borough Engineer, re: Compensa-
tion for Moving Expenses. Mr. Peotter moved that Mr. Hovanec
be granted moving expenses as per budget and with the stipula-
tion signed by Mr. Hovanec for recuperating remainder as
pointed out in the. .personnel policy. .Seconded by Mr. Jack.
Motion carried 5-1; Mr. Anderson, Mr. Hansen, Mr. Jack, Mr.
Ogg and Mr. Peotter voted YES with Mrs. Kavanaugh casting one
NO vote. The matter of the balance will be taken up at a work
session. .
L. Request for Support of the Nevada Land Issue, Mayor Wallin
read the correspondence. Mrs. Kavanaugh moved that a resolution
be prepared to KIB Assembly and send to the governor and legisr
lature with copies to Wm. T. Wood, Mayor, City of Fairbanks, ,
410 Cushman Street, Fairbanks, Alaska 99701 and Malcolm B.
Roberts, Executive Director, Commonwealth North, 935 West Third
Avenue, Anchorage, Alaska 99501. Seconded by Mr. Hansen.
Motion carried by unanimous roll call vote.
MEMORANDUM
DATE: .21 August 79
,
T0: Honorable Mayor and Borqugh.Assembly
FROM: Stu.0enslow
SUBJ:. Information Report
RE: Purchase of Tract-P-1, Tract A, Bells Flats Alaska Subdivision
During the regular meeting of the Planning & Zoning Commission
held on August 15th and continued to August T6, 1979, the Commission con-
sidered a request from Brechan Enterprises for purchase of the referenced
property. Following the hearing. the Commission found the proprty should
not be sold at this time.
Attached for your review is the Commissions resolution No.
0-79-036 recommending the property be offered,at public auction for a
period of ten years. This-recommendation is predicated,on completion of
the conveyence_of lands under the Alaska NatiVe Claims Settlement Act and
the. Alaska Municipal Lands Entitlement Act. The Commission has-further
recommended a provision, fo,r -ten year incremental renewals of the lease be ,
provided in the event the land conveyence process has not been completed
during the life of the lease.
The Commission,is concerned that sale of the Bells Flats Indus-
trial Lands prior to settlement of the land claims issues and completion
of along range master development plan for the Bells Flats/Russian Creek
areas may be premature from a planning perspective. The premature sale of
these properties could create' a long range adverse effect on the ultimate
highs.and best use of the area. The Bells Flats area residents have con-
sistently objected to the industrialization of development in this area.
Representatives of the Planning and Zoning Commission, and the
Department of Planning and Community Development staff and the Borough
Engineer will be available during your September 6, 1979 meeting to an-
swer any questions you may have regarding this matter.
KODIAK ISLAND BOROUGH
Telephones 486-5736 - 486-5737 — Box 1246
KODIAK, ALASKA 99615
August 20, 1979
Mr. MiChael C. Brechan
Vice President
Brechan Enterprises, Inc.
Box 1275
Kodiak, Alaska 99615
RE: Purchase of Parcel P-1, Tract A, Bells Flats Alaska Subdivision
Dear Mr. Brechan,
During the regular meeting of the Planning and Zoning Commission held on
August 16, 1979, the Commission considered your request for purchase of Parcel P-1,
Tract A, Bells Flats Alaska Subdivision.
In reviewing your application for purchase following a hearing the Planning
and Zoning Commission has recommended to the Borough Assembly that the property
not be sold at this time. They have recommended that the property be offered for
lease for a period of 10 years pending resolution of the convayences of land
under the Alaska Native Claims Settlement Act and the Municipal Lands Selection
Act. The Commission further recommended,that in the event said convayences have
not been completed within the 10 year period that a precision be included in the
lease that would allow for a second 10 year renewal pending completion of the
convayence process.
We hope this information is of assistance to you. If you have any questions
regarding the Commission's actions or wish further information on this matter
please advise.
Sincerely,
4,AJr.AP'
Harry Mill gan
Planning Director
KODIAK ISLAND BOROUGH
PLANNING & ZONING COMMISSION
RESOLUTION NO. 0-79-036
A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMIS-
SION RECOMMENDING THE LONG-TERM LEASE OF PARCEL P-1, TRACT A, BELLS FLATS ALASKA
SUBDIVISION. (Brechan Enterprises, Inc.)
WHEREAS, a petition was received from Brechan Enterprises Inc. re-
uesting purchase of Parcel P-1. And;
WHEREAS, the Commission received a report from the Borough Land Man-
agement Consultant indicating the present ten year gravel lease held by Brechan
will expire on September 9, 1979, his report also outlined several alternative
actions the Commission could take with regard to the disposition of this pro-
perty. And;
WHEREAS, the Commission found that from a long-range community plan-
ning perspective it would not be in the best interest of the community to sell
this property at this time.
NOW, THEREFORE BE IT RESOLVED by the Kodiak Island Borough Planning
and Zoning Commission that the Commission recommend Parcel P-1, Tract A, Bells
Flats Alaska Subdivision be offered for lease at public auction for a period of
ten years. And;
BE IT FURTHER RESOLVED by the Planning and Zoning Commission that in
Ithe, event conveyences of land under the Alaska Native Claims Settlement Act and
the Municipal Land Selection Act have not been completed, a provision be made
in the terms of the lease allowing a renewal of the lease for a second ten year
period.
ADOPTED this 16th day of August , 1979.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
Minutes, August 16,-1979
Page 2
3. Z-79-031. A request for a variance from the minimum lot requirements on
lot 19, block 2, USS 1681. (William Hogan)
Mr. Pugh moved that we grant a variance from the minimum lot requirements on
lot 19, block 2, USS 1681, for the same reasons he gave on the above request
Seconded by Mrs. Crowe. Motion PASSED by unanimous roll call vote.
IV. PUBLIC HEARINGS
A. SUBDIVISIONS
1. S-79-033. A request for a subdivision on lot 1, block 4, Killarney Hills
Subdivision. (Alan Beardsley)
STAFF REPORT: Mr. Milligan gave a staff report based on a memorandum prepare(
by the planning department. Mr. Hovanec has some questions so you may wish
to wait on this case until he gets here.
Mr. Busch stated that the Commission would wait on this item until Mr.
Hovanec showed up.
2. S-79-035. Vacation of School Reserve of Port Lions Alaska Subdivision,
Serial #65-1733. (State of Alaska)
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.
Hearing no comments Mr. Busch closde the public hearing and reopened the
regular meeting.
Mr. Pugh moved that we approve the vacation replat of the School Reserve in
Port Lions Alaska Subdivision, Serial #65-1733 the land area as described
in the June 6, 1979, letter from the State of Alaska department of Natural
Resourses to Mayor Betty Wallin from G.S. Best. Seconded by Mr. Ball.
Motion PASSED by unanimous roll call vote.
B. OTHER --
1. 0-79-036. Purchase of Borough Land regarding Parcel P-1, Tract A, Bells
Flats Alaska Subdivision. OrechmEnterprises)
STAFF REPORT: Mr. Milligan presented the staff report based on a memorandum
prepared by the planning department. Mr. Milligan suggested that the land
be leased instead of being sold. He suggests a 10 to 20 year lease.
Mr. Brechan spoke on his lease. He would like to lease again, but he would
rather buy the land. The decision to sell is up to the Borough. He also
discussed his redevelopment plan for the property.
Discussion between Mr. Brechan and the Commission.
Mr. Milligan commenting on the redevelopment plants, stated the site has
been used for a batch plant more than a borrow site gravel pit.
Mr. Pugh moved to recommend to the Borough Assembly that Parcel P-1, Tract A
Bells Flats Alaska Subdivision be,put up for sale at a public auction.
Seconded by Mr. Ball. Motion FAILED with a 3-2 vote, Mr. Ball, Mr. Busch,
and Mr. Pugh voted YES and Mr. Erwin and Mrs. Crowe voted NO.
Mrs. Crowe moved to recommend to the Borough Assembly the lease of the
proposed property for 10 years with the stipulation the following the ex-
piration of the lease that Brechan follow his proposed development plan with
current gravel prices included. Mr. Busch asked Mrs. Crowe to restate her
motion. I move we lease to Brechan for a period of 10 years the property
parcel P-1, Tract A, Bells Flats Alaska Subdivision. Seconded by Mr. Erwin.
Mr. Ball would like a stipulation.added to the motion, he would like Brechan
to get first option to buy the land after the lease expires or to release
the land again. Agreed. Mr. Pugh seconded the amendment to the original
motion made by Mrs. Crowe.
Minutes, August 16, iv'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
1 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? Was
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.
KODIAK IRANI
.'110
0
AP
OUGH
Telephones 486-5736 - 486-5737 — Box 1246
KODIAK, ALASKA 99615
MEMORANDUM
DATE: August 8, 1979
TO: Planning and Zoning Commission
FROM: •Planning Staff
SUBJ: Case Histroy, Case File #0-79-036
RE: Request to purchase Borough land Parcel P-1, Tract A, Bells Flats
Alaska Subdivision.
REQUEST:
Brechan Enterprises has submitted an application requesting permission to
purchas Parcel P-1 of Tract A, Bells Flats Alaska Subdivision. Their current
lease is scheduled to expire on September 9, 1979.
You have attached to this report a memorandum from Mr. Dale Tubbs the
Borough Land Management Consultant. A report from the Borough Engineer. Brechan
Enterprises' application for purchase of Parcel P-1 and their redevelopment plan.
In preparing your recommendation on the disposition of this request there are
several points you should address. The following items have been identified by .
Mr. Tubbs,
1. Has parcel P-1 been platted and the plat recorded in compliance with
the Borough platting Ordinance? I believe there are Borough minutes re-
flecting the approval of a plat in 1969; however, it is not clear if the
plat was recorded or if the proper monuments were placed at the corners of
the parcel.
Staff finds the records on file in the Borough Clerks' office indicate Kodiak
Island Borough Resolution #69-30-R adopted on August 21, 1969, approved a plat
of parcel P-1, Tract "A", Bell Flats Alaska Subdivision. The plat was not re-
corded upon discovery of the plat, staff had the plat recorded on August 8, 1979.
2. Is Brechan Enterprises, Inc. obligated to restore the site to the
minimum required in 18.69.079 (I) prior to offering the site? Yes, if the
site is going to be closed out as a material site. If a decision is make to
sell the site, there may be justification to allow credit to a qualified
purchaser other than Brechan Enterprises, Inc. for doing the minimum re-
storation work. This should be charged back to Brechan Enterprises, Inc.
if not completed by Brechan.
3. What will the advantages be to sell the site on a restoration develop-
ment plan? The restoration development plan will give some assurance to the
hole in the ground being filled and/or made usable.
MEMORANDUM, Page 2
August 8, 1979
4. Is the Borough obligated to offer this parcel for sale? No. Then
what happens? Brechan Enterprises, Inc. is a vaild business in an area zoned
as industrial. Where will the business relocate to and still meet all code
and environmental restrictions?
5. What precedent is being set if this parcel is offered for sale when
no other available site in the area is being offered? Should the other gravel
lessees then be offered the right to buy their leased areas?
' In addition to the points raised by Mr. Tubbs there are other things for you
to consider.
1. From a land Management policy standpoint, should the Borough divest its
self of all lands not required for public puposes. In other words should the Bor-
ough get out of the land lease business.
2. From a Planning perspective should the Borough liquidate this site or hold
it pending completion of the Bells Flats Long Range Development Plan.
ANALYSIS:
Staff agrees with the philosophy that the Borough should not be in the land
ownership business. The Borough should divest its self of all lands not required
for public purpose.
From a planning point of view it appears premature to liquidate the Borough's
Bells Flats Industrial Lands pending completion of the Alaska Native Claims Settle-
ment Act and Convayence to the Native Corporations their lands. Coupled with
adoption of a Comprehensive Land Use Plan for the Long Range Development of Bells
Flats.
If an adopted plan reflected a need in 10 to 20 years for industrial develop-
ment to be centered in Bells Flats then the land should be sold. If not then the
lease holds can be eliminated, the land rezoned and sold for purposes consistant
with the plan.
However, in the interium it appears that it is in the Boroughs best interest
to retain this site and to offer it for lease on a 10 to 20 year basis in accord-
ance with Title 18 of the Kodiak Island Borough Code of Ordinances.
MEMORANDUM #117
•
DATE: August 7, 1979
TO: Stu Denslow
4 • C_;
FROM: Gary Hovanec
SUBJ.:
Brechan Enterprises Lease - Parcel P -1, Be11ts Flats Ak. Subd.
• The only concern Engineering has regarding Parcel P -1 is that the
final cross- sections be done to establish the amount of gravel removed as
provided in Section 18.68.070A and that the land is returned to the state
which was intended in the original lease agreement.
Any requirements required, as stipulated by the Planning and Zon-
ing Commission in,their recommendations, will be reviewed as to their en-
gineering feasibility as soon as they are received by this department.
Enclosures: Letter from Dale Tubbs,.July 18, 1979
Letter from Brechan Ent. Inc., July 11, 1979
IOIMIX mum
GENERAL
CONTRACTOR
KODIAK AMU
BRECHAN ENTERPRISES, INC./GENERAL CONTRACTORS
August 3, 1979
BOX 1275 PHONE (907) 486-3215
Kodiak Island Borough Assembly
Box 1246
Kodiak, Alaska 99615
KODIAK, ALASKA 99615
iSodnik island borough
KODIMQ
RCEY
AU G 3 1979
1905ilit1211.12014160
Subject: Developmental Plan for Tract P-1 of Tract A
Bells Flats Alaska Subdivision
Ladies and Gehtlemen:
In accordance with our letter of 11 July 1979 we are transmitting
our developmental plan for the purchase of the above Borough
Lands, and as our lease is scheduled to expire on the 9th of
September 1979 we hereby request your immediate attention to the
matter.
If we can be of any assistance concerning the discussions of this
plan, please contact us at your earliest convenience.
Sincerely yours,
BRECHAN ENTERPRISES, INC.
ichaei C. Brechan
Vice President
MCB:njm
Enclosures
We Are An Equal Opportunity Employer
LSD r Yt�
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ULTIMATE DEVELOPMENT,- 1990 FOF
BRECHAN ENTERPRISES
TRACT P -1, BELSFLAT SUBDVN., KODIAK;
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KIB ASSEMBLY MEETI.:iG-AUGUST 2, 1979 (Recessed to August 3rd) 131',G1
E. Recommendation on Amendment to ',,ealth Insurance Coverage -
Personnel Board. itayor read the correspondence. :Irs.
Kavanaugh moved that KIB Medical Insurance Coverage be amended
to include the requisite maturnity coverage on the same formula
basis applicable to all other premium costs and that the effect
of the Assembly decision be made retroactively to October 31, 1978
on the effective date of Public Law 95-555. Seconded by
Peotter. Mrs. Kavanaugh moved to amend to change October 31, 1978
to August 1, 1979. Seconded by Hr. Peotter. Mrs. Kavanaugh moved
to amend the motion that the communique from Equi-Group be sent to
Rick Garnett to be perused and if they are in order, specifically
re: Paragraph 1, interstate commerce and paragraph 4, abortions,
the insurance will become effective August 1, 1979. Seconded by
Hr. Hansen. Seconded amendment carried 5-2; rIr. Anderson, Dr.
Emmick, Mr. Hansen, Mrs. Kavanaugh and lir. Ogg voted YES with -r.
Jack and Mr. Peotter casting 110 votes. First amendment carried
6-1; Mr. Anderson, Dr. Emmick, Mr. Hansen, Mrs. Kavanaugh, Mr.
Ogg and Mr. Peotter voted YES with Hr. Jack casting one NO vote.
Main motion carried by unanimous roll call vote.
F. Recommendation on Award of Bids Larsen Bay High School.
Mayor Wallin read the correspondence. !-;r. Hansen moved the award
of bid go to L. B. Anderson/Cooper Construction Company in the
amount of $1,2147,000.00, Project No. H-03004, contingent upon
review and approval of the bid by the Department of Transportation
and Public Facilities in accordance with the terms of the grant
agreement. Seconded by Mr. Jack. Motion carried by unanimous
roll call vote.
G. State of Alaska Department of Environmental Conservation Re:
Illegal Dump Sites in Borough. Mayor Tlallin read the correspond-
ence. Mr. Peotter moved this be referred to engineering depart-
ment for a recommendation of review of possible dump sites and
identification and all pertinent information thereto. Seconded
by Mr. Hansen. Mr. Denslow stated the Borough does have this
power. -Kodiak has not been designated a solid waste Management
region although designation is inevitable. Motion carried by
unanimous roll call vote.
H. .Financial Statement June, 1979. Mrs- Kavanaugh moved to
acknowledge receipt of Financial Statement June, 1979. Seconded
by Mr. Peotter.
I. Monthly Activities 1eDort, June 1979. Mrs. Kavanaugh moved
/to acknowledge receipt. Seconded by 'Ir. Hansen. Motion carried
by unanimous roll call vote.
J. Attorney's Report. Mrs. Kavanaugh moved to acknowledge
receipt. Seconded by Mr. Jack. Notion carried by unanimous
roll call vote.
K. Resolution 79-41-R Conveying Tax Foreclosed Properties Within
the City of Kodiak to the City of Kodiak as Provided in A.S.
29.53.360. Mrs. Kavanaugh moved for adoption of Resolution
79-41-R. Seconded by Mr. Hansen. Mr. Tubbs has stated these
properties cannot be used for schools. Motion carried by unanimous
roll call vote.
XI MAYOR'S COMMENTS
1. Mrs. Moen thanked everyone for their consideration of the
0.E.D.P. report.
2. KMXT would like a copy of the rent lease.
3. Read letter from Dale Tubbs regarding land bank and requested
this be placed on the work session agenda for August 18th.
4. Requested-7the letter -.from Brechan Enterprises received by
)(the KIB on June 26th re: option to lease to buy Tract P-1,
Bells Flats AK be placed on the August 18th work session. It
will be on the P & Z agenda August 15th.
5.-- Refused to sign a check for travel expenses for Dr. Emmick
on July 5th; did not question the remaining $150 expense.
6. Mr. Ogg 'moved to acknowledge receipt of the second letter
•from Mr. Denslow dated July 20, 1979 declining renewal of
KODIAK ISLAND BOROUGH
Boa 1246
Kodiak, Alaska 99615
FIRST CLASS MAIL
NOTICE OF PUBLIC HEARING
The Kodiak Island Borough Planning and Zoning Commission has received a petition from
BRECHAN ENTERPRISES, INC.
requesting an
authorization to purchase borough owned land Parcel-P--1,.Tr_A;. Bells Flats Ak. Subd.
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, yo l) 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 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
Name
Legal Description
Comments
Address
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. PAGE 297
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KODI.K ISLAND BOROUGH
DATE: July 31, 1979
TO:. Borough Engineer through Borough Mana
FROM: Planning Departmen)G —�
SUBJ: Request for comment
RE: Planning and Zoning case file 0 -79 -036 request for purchase of
Kodiak Island Borough Property.
Telephones 486 -5736 486 -5737 —Box 1246
KODIAK, ALASKA 99615
-ME.M0RANDUM.
Brechan Enterprises has submitted an application for purchase of Kodiak Island
Borough owned land. Since the request involves their plant operations headquarters
in Bells Flats, could "you review and prepare an administration recommendation on this
request based on your recent meetings with the Commission, Brechan and Mr. Dale
Tubbs concering the redevelopment plan for future land use in the Bells Flats area.
BRECkAW,
ENTIKeRIAS.114Ce,'
H101-111X
,OENERAL '
CONTRACTOR,,
'-'10MMAW
•
BRECHAN ENTERPRISES, INC. GENERAL CONTRACTORS
BOX 1275 PHONE (907) 486-3215
KODIAK, ALASKA 99615 rosatialt Island borou,
warm
AM AUG 3 1979 pm
'7180a 414414h9Or
July 31, 1979
Kodiak Island Borough Assembly
P.O. Box 1246
Kodiak, Alaska 99615
Subject: Development Plan for the Purchase of Tract P-1 of
Tract A Bells Flats Alaska Subdivision
HISTORY
Brechan Enterprises, :Inc. began its operations on Tract P-1 with
an application to the Bureau of Land Management in 1966 for a
materials lease. This evolved through the enactment of land
transfers.from the United States Government to the Borough of
the Bells Flats Alaska Subdivision and the lease of Tract P-1
to Brechan Enterprises, Inc. on the 10th of September 1969.
The original lease required that our firm conform to requirements
concerning slopes and set-backs from property lines and the
beautification of the area prior to the termination of the lease.
Our feeling is that we have complied with the terms'and intent of
the lease. We have increased the back-slopes to lh to 1 for
better utilization of the floor of the pit and are preparing to
have these finished slopes seeded to avoid erosion. If necessary
we will comply with the requiremit:s for 2 to 1 back-slopes.
We have not at this time made any preparations to remove our equip-
ment from the. lease site, pending the Borough's decision on the
sale and/or re-lease of the property. At the original time of lease
the property was legally described using the centerline of the ex-
isting road as the boundzay and containing a 30' road right-of-way
easement. We feel it will be necessary to have the tract re-platted.
By removing the right-of-way the area of the tract is reduced from
20.284 acres to some 16.5t acres. The original lease was renewed
in September Of 1974 and is now slated to expire the 9th of Sept-
ember 1979.
EXISTING IMPROVEMENTS
In 1969 we installed our first asphalt plant and began paving
operations for the City of Kodiak, the Kodiak Island Borough, and
the State of Alaska. Since that time we have continually up-graded
our facility to meet market demand caused largely by the State of
Alaska's intention to pave roads and re-pave the Kodiak Airport.
We Are An Equal Opportunity Employer
Kodiak Tsland Borough
July 31, 1979
Page Two
Our current asphalt plant was purchased in 1977 at a cost of
$284,000.00, and'we also-installe-d additional hot asphalt storage
tanks and accessories at a cost of $280,000.00. During that
time the Kodiak Electric Association-installed transformer
banks and underground electrical utilities to supply us with
part of our power demand. The Clean Air Act and Department of
Environmental Conservation required that we expend approximately
$100,000.00 for a bag house to avoid the emission of dust into
the atmosphere.
In 1975 we installed a caretakers trailer and have had a family
living on the lease site since'that time to avoid the problem
of vandelism or theft at the plant site. We have also installed
a semi-permanent set of truck scales which are the only commercial
scales available on the island, a portable aggregate washing plant,
and rock crushing facility to meet the needs of the community.
THE EXISTING BORROW SITE
Since the beginning of our operation in 1969, we have excavated
approximately 140,000 cubic yards of material from_the borrow
site and have re-utilized the overburden and waste to build slopes
and widen out the perimeter margin to create usable land on the
tract.
Our plan calls for the continuing excavation of gravel on the
site until it is completely depleted. We have enclosed an artists
conception of the future area at the completion of the borrow site
operation which gives a perspective of the size of the excavated
area after the extraction of all usable gravel.
UTILIZATION,OFLLANDANDLTUTURE DEVELOPMENT
As the area is zoned for industrial reserve, we plan on continuing
in the industrial classification by establishing an industrial
staging and storage area primarily for equipment and building
supplies around the perimeter of the borrow site. We feel this is
economically viable due to the fact that there is a great lack of
industrial zoned staging and storage areas in the Kodiak area and
its environs.
We plan to keep our asphalt plant, asphalt storage facility, and
caretakers trailer on the ground where they are presently located,
and begin landfill operations to fill in and utilize the floor
of the borrow site for future development.
Kodiak Island Borough
July 31, 1979
Page Three
The time schedule for this operation is as follows:
1. 1979 - -- Kodiak Island Borough Sells Tract P-1 to
Brechan Enterprises, Inc.
2. 1979 - 1981 -Finish excavation of existing gravel deposit.
3. 1981 - 1982 Complete backsloping requirements, seeding re-
quirements, and regrade the usable pit floor.
4. 1982 - 1990 Begin select backfill operations with clean fill
on underwater sections of the borrow site (es-
timated quantity of material required 60,000 cubic
yards).
5. 1990 - 2000 Possible construction of industrial warehousing
complex and final landscaping to beautify the area
and keep in in industrial status.
ECONOMICS OF SALE OF LAND
We feel that the Borough should be made aware of the cost involved
in re-locating the existing facilities. Our estimated cost at
present is approximately $250,000.00 excluding the cost of land
for a new site. We do not feel at this time there is sufficient
market demand to off-set these costs. In checking through private
land available, we have not found a suitable site for the re-location
of our plant. We question whether it is wise to re-locate at all.
This decision-must:be made by the Kodiak Island Borough and in doing
so :they have to consider the economic effect it would have on the
community due to the high cost of're7location.
We are aware that the Borough Assembly is under no obligation to
sell this tract of land, however we feel it is in their best interest
to do so. It is possible that there has already been a precedent
set concerning the sale of Alease site to an individual and the
Ordinances of the Borough clearly make it possible for this sale.
CONCLUSION
This development plan is designed to inform. the Borough of, our
intention in the event that they sell the land to us, and to out-
line its potential use in_the community. We feel the plan as
presented is within the realm of economic and realistic considera7_
tions for the area, and that we are the best qualified to reclaim
this area to usable taxable land for the Borough. It allows the
Kodiak Island Borough
July 31, 1979
Page Four
orderly development of the area, and is consistant with the
existing zoning and utilization requirements. Therefore, it
is in the best interest of.the Borough to sell Tract P-1 to
Brechan Enterprises, Inc.
We are willing to amend this proposed planas may be required
by the statutes or the wishes of the Borough Assembly.
Respectfully submitted:
BRECHAN ENTERPRISES, INC.
e---
ichael C. Brechan
Vice President
MCB:njm
DALE P. TUBBS
LAND MANAGEMENT CONSULTANT
2207 SPENARD ROAD, SUITE 204 ANCHORAGE, ALASKA 99503
TELEPHONE (907) 279-9931
&Jo/laic ialand Borot,,pth
KO AttAN,,A '—
MEMORANDUM
P-FC15.01P.r,t
Date: July 18, 1979
To: Harry Milligan
Planning Director
From: Dale P. Tubbs S.")
Land Consultant
UL 2 3 1979
Am ,m
A
, -
Subject: K720 Application to Purchase - Brechan Enterprises, Inc.
Brechan Enterprises, Inc. has made application to purchase Parcel
P-1 of Tract A, Bells Flats Alaska Subdivision. The application
can be found in case file K720.
The gravel lease held by Brechan Enterprises, Inc. will expire
September 9, 1979. This completes ten years of activity on the
parcel which has resulted in a generally permanent establishment
of an asphalt batch plant, rock crusher, buried asphalt tanks,
scales, etc., and a •sizable hole in the ground. The lessee is
aware the •former borrow lease ordinance (18.68) has been repealed
and a new lease will not be negotiateth it is evident the lessee
will not have the site regroomed ,to 2:1 slopes or equipment removed
by the lease expiration date.
The borough engineer or equivalent under contract is to make the
final cross section survey to determine the cubic yards removed.
See Section 18.68.070A of the former code of ordinances. This
is not due until the close of the contract, but it is not too
early to determine how it will be accomplished.
Brechan Enterprises, Inc. has made the proposal to purchase the
site at competitive bid and have the bidding restricted to only
those having submitted a qualifying development plan.
Several points should be considered in making a decision to follow
through on the application as submitted.
1. Has Parcel P-1 been platted and the plat recorded in
compliance with the borough platting ordinance? I believe there
are borough minutes reflecting the approval of a plat in 1969;
however, it is not clear if the plat was recorded or if the proper
monuments were placed at the corners of the parcel.
Harry Milligan
.July,18,.1979
2. Is Brechan Enterprises; Inc. obligated to'restore the
site to the minimum required in. 18.68.079(1) prior to offering
the site? Yes, if the - site is .going to be closed: Out as a
material site. " 'If a decision is made to sell the site, ,:there
may be justification to allow credit to, a qualified purchaser
other than Brechan Enterprises, Inc. for :doing the minimum
restoration work. This should be charged back to Brechan Enter-
prises, Inc. if not completed by Brechan;.
3. What will the . advantages be • to . sell the site on : a
restoration development plan? restoration development plan
will give some assurance to the hole in the ground being filled,
and /or made usable.-
4. Is the borough obligated to offer this parcel for sale?
No Then what happens? Brechan Enterprises, Inc. is a valid .
business in an area zoned as industrial. Where will the'' business
relocate to and stilimeet 'all code and environmental restrictions?
5 What precedent is being_' set if this parcel is offered
for sale when no other available site the area is being offered?
Should the other gravel lessees -then be offered,the right to buy
their leased areas?
Overall Comments
1. Brechan'Enterprises, Inc. has been the only gravel
operator that has kept.a •continuous visible operation going on
a borough leased gravel site.
2. The asphalt plant, •cru.shing and screening equipment,
scales and other equipment are located in :an = industrial ' zoned '
area -and have grandfather - rights,: if the zoning ere ,changed -
3. No alternative. has been offered to.'Brechan Enterprises,:
Inc. to move .to ,another,- site with 'the guarantee .of•'it: being
acceptable to all the environmental standards.
4. No advance notice has been given to Brechan Enterprises,
Inc. to make the company aware the industrial plant would have to
relocate at the end of the ` lease :term. It is actually . a .company
responsibility to keep on top . of its right to continue -using
someone else's property in this case, the borough's. Is the
subject application timely to address the issue?
Harry Milligan - 3 - July 18, 1979
Alternatives for the Planning & Zoning Commission to Consider
1. Offer Parcel P-1 for sale at public auction and only
allow bidders with a pre-filed reclamation plan the right to bid.
2. Offer Parcel P-1 for sale at public auction with no
reclamation plan required.
3. Offer Parcel P-1 on a long term lease with or without
a required reclamation plan.
4. Survey out the asphalt plant and offer that portion of
P-1 for sale or long term lease at public auction. The remaining
hole in the ground after it is sloped 2:1 by Brechan Enterprises,
Inc. would be a borough responsiblity to reclaim, lease, or sell.
5. Offer a competitive gravel sale on Parcel P-1 to continue
the extraction of gravel with a reclamation plan.
6. Close out the existing uses and abandon the site, and
resolve the future use of the site at a later date.
cc: Stuart 0. Denslow
( , .
UAK ISLAND B ROUGH
Telephones 486-5736 - 486-5737 --Box 1246
KODIAK, ALASKA 99615
tlE;.4ORAMDUM
,
DATE: July 16, 1979
TO: Dale Tubbs
FROM: Harry Milligan, Planning Director
SUBJ: Request for Purchase of Borough Land regarding Tract P-I, Tract A
Bells Flats Alaska Subdivision.
Dale,
Attached for your review and recommendation is a request by Michael C.
Brechan for purchase of the referenced property by Brechan Enterpries. 1 .
would appreciate your preparing a recommendation on the disposition of this
property for consideration by the Planning and Zoning Commission, upon reciept
of your materials I will schedule the matter for hearing in front of the Commission,
so that we can proceed with preparing a recommendation from the Commission for
action by the Assembly.
Sincerely,
Harry Mi]ligan
BRECHAN ENTERPRISES, INC/GENERAL CONTRACTORS
BOX 1275 PHONE (907) 486-3215
KODIAK, ALASKA 99615
July 11, 1979
Kodiak Island Borough
Box 1246
Kodiak, Alaska 99615
z)oruktgi)
KODiAr,
r.?
JUL 1 6 1979
ZiSt9319iiitrOlf?.;',3541t0
Subject: Request for Purchase of Tract P-1 of Tract A
Bells Flats Alaska Subdivision
Ladies and Gentlemen:
Transmitted herewith is our application for the purchase of
Borough land and our filing fee of $25.00. We are preparing
our developmental plan which will be completed within twenty
days.
As you are aware our existing lease of Tract P-1 expires the
9th of September, 1979 and is not renewable under the terms of
the existing lease. .We hereby request that ybu take action as
provided for in chapter 18.20 and 18.30 of ordinance 78-7-0.
We would like to request that the Assembly take due consideration
of section 18.20.100 for development plans in light of our
existing leasehold improvements and that the terms of payment
for the sale be patterned around section 18.30.050 allowing for
a payment period of 20 years.
Our firm is most interested in discussing this potential sale
with the Borough Assembly at your earliest convenience.
Sincerely yours,
BRECHAN ENTERPRISES, INC.
'chael C. Brechan
Vice President
MCB:njm
Enclosure
We Are An Equal Opportunity Employer
•
..t
• I - Pgh
• '49DIAK, AL
KODIAK ISLAND BORO
P.O. Box 1246, Kodiak, IL V5$ S79
0.4 PM
filing Fee $25.00 - Not Refundable 68,pqmpaigqt1:44401
I. Application For Borough Land or Interest Therein
A. E Sale C. D Easement E. 0 Timber
B. C3 Lease D. 0 Material (gravel) F. 0 Use Permit
Name of Applicant (Print) Brechan Enterprises, Inc.
Mailing Address Box-1275
Kodiak, Alaska 99615
Land being applied for is in: Township 28 South, Range 20 West, S.M.
Section, U.S. Survey No, or Subdivision:
Tract P-1 of Tract A
Aliquot Parts, lot & block or metes & bounds: Bells Flats Alaska Subdivision
except right of way included in original discription.
use additional sheet if necessary
Proposed use for land or interest therein and time schedule for use or development:
See attached letter dated 11 July 1979
use additional sheet if necessary
What improvements, if any, are now on the land? Asphalt Plant, caretaker's
trailer, screening plant, asphalt storage tanks, scales.
Who owns the Improvements?
Brechan Enterprises, Inc.
II. Answer appropriate questions for your type of application.
A. Sale: Do you have a proposed development plan for the site? yes see attached
B. Lease: Do you have a proposed development plan for the site?
term of lease is requested?
. What
C. Easement: Attach a map showing route location, R/W widths, lengths and existing
adjacent easements.
D. Material:' 1. Volume of matcrial requested
2. Length of sale reques,ted. years.
3. Attach map as requir(d in Material Sale Ordinance 18.60.020.
E. Timber: Volume of timber requested
Length of sale reque_ted. years.
F. Use Permit: Attach map—showii6g area requested.
III. I acknowledge this application is merely on expression of interest with no right
or priority in the lands app1i.d for.
BRECHAN ENTERPRISES, INC.
July 11, 1979
i;chael C. Bre_crian Vic e President
Signature of Applicant or Date
authorized corporate officer,
KODIAK ISLAND BOROUGH
RESOLUTION NUMBER 69 -30 -R
.A RESOLUTIONNOF THE BOROUGH ASSEMBLY OF THE KODIAK ISLAND BOROUGH PURSUANT
TO CHAPTER 5, SUB - CHAPTER 4, SECTION 6 OF THE KODIAK ISLAND BOROUGH CODE OF
ORDINANCES AND RESOLUTIONS APPROVING THE BRECHAN ENTERPRISES, INC., FINAL
NAT OF BORROW SITE IN BELL'S FLATS ALASKA SUBDIVISION AND APPROVING THE
LEASING OF SAID SITE BY FRED BRECHAN, BRECHAN ENTERPRISES, INC., IN
`ACCORDANCE WITH THE PROVISIONS AS SET FORTH IN CHAPTER 6, SUB - CHAPTER 1 OF
THE KODIAK ISLAND CODE OF ORDINANCES AND RESOLUTIONS.
WHEREAS, CHAPTER 5, Sub- Chapter 4, Section 6 of the Kodiak Island
Borough Code of Ordinances and Resolutions provides that a final
plat shall be approved by the Borough Assembly by Resolution and
which resolution shall provide for the acceptance of all streets,
alleys, easements or open spaces dedicated to public purposes, and
WHEREAS, FRED BRECHAN, BRECHAN ENTERPRISES, INC., has presented
for approval his final plat of Borrow Pit Site within Tract A,
Bell's Flats Alaska Subdivision, consisting of one (1) page; said
site described as follows:
Beginning at the Alaska Division of Lands Triangulation Station "YAK"
.thence &60° 54' 13" E., 440.07 feet along the centerline of Uyak Drive to a
oint of curvature; thence 237.94 feet along the road centerline, and a curve
to the left having a radius of 271.28 feet; thence N. 68° 39736" E., 420.09
eet along the road centerline to the intersection of Uyak Drive and Sargents
reek Road; thence along the centerline of Sargents Creek Road N. 30° 12'29" W.,
84,22 feet to a point of curvature; thence 245.29 feet along the road centerline
.and a curve to the right having a radius of 946.67 feet, thence N. 15° 21145" W.,
56.51 feet along the road centerline to a point of curvature; thence 283.32 feet
g the road centerline and a curve to the right having a radius of= 421.18 feet;
ence N. 23° 10'45" E., 81.56 feet along the road centerline to a point intersection
thence N. 550 53'13!' W., 405.37 feet along the road centerline to the intersection
of Sargents Creek Road and Middle Bay Drive; thence S 740 14'36" E..155.54 feet
along the centerline of Middle Bay Drive to apoint of curvature; thence 207.29 feet
ng the road centerline and a curve to the left having a radius of 580.00 feet;
thence S. 53o 45156" W. 216.18 feet along the road centerline and a curve to the
left having a radius of 621.42 feet; thence S. 31° 59'56" W., 324.08 feet along the
ad centerline to the intersection of Middle Bay Drive and Uyak Drive, thence
S 60° 54113" E., 311.96 feet along the centerline of Uyak Drive to the point of
eginning. Thereby containing 20.284 acres more or less, including a 30 foot wide
right -of -way therein.
WHEREAS, the Planning & Zoning Commission of the Kodiak Island Borough
approved said final plat on August 13th, 1969.
ge One - Resolution No. 69 -30 -R
NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough
Assembly grant apporval to the final plat presented by FRED BRECHAN;
BRECHAN ENTERPRISES, INC., and grant approval for leasing of said
Borrow Site by FRED BRECHAN, BRECHAN ENTERPRISES, INC., as set forth
in Chapter 6, Sub - Chapter 1 of the KODIAK ISLAND CODE OF ORDINANCES
mffl RESOLUTIONS.
PASSED AND APPROVED THIS 21st DAY OF August, 1969
T:
Ac
g Borough Clerk
rage two — Resolution 69 -30-R
KODIAK ISLAND BOROUGH
PRESIDING
BY: -12,0-1174.A2
BOROUGH CHAI
page 2
August 21, 1969
PUBLIC FIEI\RINGS
A. 2nd Reading and Public Hearing, Ordinance no. 69-22-0 Rules of Procedure for
Borough Assembly.. Mrs. Hajdu read the Ordinance by title only. Mrs. Springhill
said that the City Council /members had received the comments on this ordinance
from the City Manager that same day, and neither she nor Mr. Sutliff had had a
chance to review them. Mr. Sutliff moved that the Ordinance 69-22-0 be tabled,
Or. Arndt seconded the motion, and it passed unanimously by roll call vote.
piiNING & ZONING rnals
A. Resolution 69-28-R Approving Final Flat of Survey of State Land ADL 39848,
Narros Straits, lease by Kodiak Bible Chapel. tirs. Hajdu read the resolution an
than gave background material on the application for such lease,. saying that the
Bible Chapel had applied for the lease from the State for a 55-year term, rather
than the 5-year lease if obtained through the Borough. The final plat was studied
after which Mr. Arndt moved for the adoption of Resolution 69-28-R, approving
tirolpdat of Survey of State Land ADL 39848, Narrow Straits, motion seconded
1:31,14r. Sutliff, and roll call vote was unanimously in favor.
D. Resolution 6929-R Approving Final Plat of Survey of State Land ADL 36998,
Port Lions. Mrs. Hajdu read the resolution, explaining that this also was a
State lease and that the land was to be used as a sawmill site. After same
discussion and study of the final plat, Mr. Arndt noved for adoption of
Resolution 69-29-R Approving Final Plat of Survey of State Land ADL 36998,
Port Lions, Mr. Sutliff seconded the motion, and roll call voting was unanimously
in favor.
c Resolution 69-30-R Approving Final Plat of Borrow Site, Bell's Flats, Brechan
Hajdu read the resolution, after which members of the Assembly studied the
final plat presented. There was some discussion, followed by Mr. Arndt's motion
foradcEtialLofResolution 69-30-R, approving Final Plat of Borrow Site, Bell's
fraE7Ilr-. Sutliff seconded the motion, and Mrs. Springhill gave additional
background Information. There being no objections, the roll was called and
voting was unanimously in favor.
D. Port Lions 2nd Addition, letter from Division of Lands. Mrs. Hajdu pointed
out that she had met with a member of the Port Lions Council, and it was pointed
, out that the plat of Port Lions did not meet the requirements of the carmunity.
-she then read the letter fran the D1777ision of Lands sayirlg that the changes can
begade by coning. She stated she disagreed with them on this point. She then
stated the discrepancies and a great deal of discussion followed. It was decided
that Mrs. Hajdu would write to the Division of Lands and tell them what is
▪ necessary to bring this into compliance with the wishes of Port Lions and to ask
- for a cost estimate, a copy of this letter will be sent to Port Lions. As soon
es information is received fran Division of Lands, this will be brought before
.theTssembly.
Ordinance 69-20-0 Rezoning Lots 9, 10, 11 and 12, Blk3, U. S. Survey 3219,
Lots 1 & 2, Blk 1, Miller Point, 1st Addition, Unclassified to Business,
D. Arndt. With reference to Ordinance 69-20-0 Mr. Arndt raised the question if
Airs. Hajdu had received a legal opinion framilr. Madsen as to (1) the legality of
yr. Darr's abstaining from voting and (2) the legality of a member of the Borough
Asgaltdy voting on a question when indicating they have a financial interest.
• Hajdu said that she had, just before the meeting received the opinion and
she then read the opinion. 1) Mr. Barr should not have abstained fran voting
:-Pvilen he did. 2) The statutes do not prohibit a member of the Assembly from voting
trust must declare their interest in the issue. Mrs. Hajdu pointed out that
Mr. Arndt had asked for a reconsideration of the vote, everyone was in
t, however, it was decided that it would be better to postpone this item
the correct procedure was determined. A check will be made with the Borough
''OUDBUSINESS
' swearfng in of Mr. Sutliff
Clerk adninistered the Oath of Office to Mr. Sutliff, the new Assemblyman.
•
-; Letter floin Division of lands re proposed Shuyak Timber test-plat sale.
. Hajdu noted that she had received a letter from Mr. Robert J.. Shmon, Alaska
t of Fish and Game replying to the letter from Division of Lands re
Shuyak Timber test-plot sale in which. he stated that the