Loading...
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...... .. .::., , • ' . . . . :•: '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. • • .• , . , • • . ..... ATTESTS:-' •• tr" • • -• • •,-.-1‘. L Z ; • r, ,e eaurer PAGE 2 RESOLUTION 79-60-R PARCEL P-1, Tract A Bells Flats Alaska Subdivision • • 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� .. X..i -_.•rte � ,,,,,_..,;5�"�:rn'•� • • :?v alA • • 1 :.Y • • • sal Ahr, • • r'- r ULTIMATE DEVELOPMENT,- 1990 FOF BRECHAN ENTERPRISES TRACT P -1, BELSFLAT SUBDVN., KODIAK; 11, • r "CRP 6 .ha I." Cif 111 P r 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 -1\btx.c.J-0 akILAJA---- 1 ':.:••••• • • • • . •••••‘->, • . . • • • .• • • • • Nt 4 14k ct. "Rik rja•f. 4K. pRF { °. - �,-.,. ...,_ors.}`, .t..� _. ,: _ z: • s •r-�••-t:::.;�s:�-t�Es+ ,� 14:1-.1. 14_ t2 1 xg -` ;; <.t....s.id •: ,, Y d.....c a.....d .aa ..�. . t �; t ! an ` � i' a�a �. v..i i z c1 � t � e_�.i'i�i.•sYa�'ips � ' �- b� E u ;'- w �. +.- 1'�:.'�. L MA 06/30/79 REAL PROPERTY LISTING J PAGE 288 14 *PARCEL NO. STATUS LEGAL,- DESC`• ADDRESS OWNER /AGENT ADDRESS CITY • 1O3G0SL90,8 4 BELLS- FLAT- S- AT T-R -4 II,L1T P -8 '~KaAI- AK -I=I 'V FS _P_. 0..60X_ 1.608 - r _ = • ,•-•- '}KODIAK ' AK . .99615 83500 0 .._.52_98.0.3809922 A RFLI S FLATS SURD rR A LOT "P— ~_ Fi �`"""D-E71TER. E:ARL'— /..- IOSLJSNn Sn Jr E f.R4VFl P.O._BOX-L2.7_3 - KODIAK k AK 99615 0 3000 • _' .t�0179 0 A 3.60 - Rci11030I-0-000 I BELLS +„- �^ arc $g�nArvr�" K ODIAI 14=4SCAND BOROUGH J.� Knnrex. AK ,99615, ' .506330 • p OWNER .< STAGE —SI'P CRtr� ''1_1lND- VALLALIC11.1 Ir4P2- VhLU4TION ASSESS. C)-ING DTE BUILD S0 FT • LAND TYPE LAND SO AREA 29550.0 27.85 • O..;B0X , 1246 __. , 10179. 0 �A 230.15 - RAD030.10010 A- Et €l L�- FLATS'SU€{B 6DL 1- IIL1G -1 HOL -M- ;- NORMAN C-- DOROTHY KODIAK AK 99615 24680 0 ' P.O.. BOX 365 10179 0 A E�.17 -R.90- 0.30.1-0 -020 A 8F1LS -F+ wrc ci+nn �r a+ . 1' WIL- p}.,1GARY E- .OARLL-NE P.O. BOX 2297.., ' • KODIAK• - R9-00 -3(Y1 -0040 1 8E ' w Siinn L_{�1 J-AC -08 SON - PAT- RI -CI-A A. P.O. BOX 1313 AK 99615 `;;',' 24700 10179 2037 60500 6.71 KODIAK' AK 99615 30200 10179 0 A 7.56 -= 90 -0a0- 1-0888 A BELL LK 1 €RD.MA-N,OF)NALD--L-SOPI+Y- P.O. BOX 394, ODIPK 6 K AK 99 15,. 36100 10179 650 - 890.030- 1-0060 FI'�wTS -U1pn +' -nT "ci+ v "DELYS,.RJIME -L-A -J e, P.O. BOX 712 KODIAK .AK• 99615' 28500 16700 1248 A 9.51 0 B500 12.03• eft '10 -4010070 n 8EI LS FLALS GUOR- LfT 7 8LK 1 P.0. -BOX 650, USCG • W LLL3-AMS. W LLL..L.aM C KODIAK , _R2Q1I�0 1nn71 •n RFIi'R'F1ere c++r ) RI11 HEBESDN.,GEL1F P.O. BOX 2165 KODIAK 10179 AK 99619• 10179 4366 40400" 5460.0 14-.13,, Jt9- OD30..1103n n BFLLS P.O.`: B.OX -2283 AK • 99615 23700 10179 • 1612. �• 0.00 S.I_N.GLEION . EDW A RO-F -E-T T 4 • ' KODIAK pRY[lp IA!9E-S_E_MAR.GAREJ .. KODIAK PRVfR '•IAMFS 'C - MARG'ARFT ' KODIAK 0 - R9npini 2n-in 9400 • 0 :;.93641.00 '96`I Sti Ant Ago UNI:A 0 t_ PP? J s F1_l�iSSlli i].. TJ)ItiL' P.O. BOX 1246 r6 06/30/%9 K O CLIA C_I.SI_AND_HOP 0 00k" .- K00. 1 AK.. 10179 ".9 REAL PROPERTY L1.1 ING PAC= 287 ~PARCEL NO. STATUS LEGAL OESC AZADR ES-S t.I3II17.F.S.+ -440-03009401 f P.O. BOX 1246 OWNER /AGENT CITY OWNER - .STAT-F Z4P-- CODZ- L-ANO- 1./AL-UAZ -11141 J G4R�. >tAL )A- F- I•fJt� ASSESS. CHNG OTE BUILD 50 FT LANG TYPE LAND SO AREA K00 1 AK -U L- ANp- 1;OROUGH KODIAK AK 99515 P100 0 10179 0 A 0.86 .-1200330.9;)01 I .Ac=J 1 S FLAT- S..SUBC LIL&CT F KII0I4K- ISLAt•L'_BDR000H KODIAK AK 09615 1800 0 10179 0 A' 0.72 ( `0100960 -1 1 L1ZL1._`i- F- LATS.S11IiII- T_T___._1 P KOOI-AK- iSLAND__UOROUG9 ‘s-,_.. P.O. BOX 1246 KODIAK AK 99615 4300 0 10179 0 A 1.73 - 7-9003009 -701 1 11.5LL FLATS SL4 KPDIAK- ISLAN0_BOR000J1 P.O.. BOX 1246 P.O. BOX 1246 KODIAK _1290.03D09b01 -1 11'1 1 . FLASSS:JEll. TR 1, L 111 li - -�_ Y.IIDLAK- LSLAND r3011OUGH P.O. 30X 1225 KODIAK AK 99615 6000 0 10179 0 A 2.75 LCASEE/.FF1 TDN-00 ST.RUL. AK 99615 60000 0 10179 0 A 18.50 _R9003009, 07 1 H011 S FLATS 511fn TR R !fa R -2 Knn_LAK- ISLAND- 130ROlJGH__ -LEASE 1/ /ELIILIRN. n_O^SSR.UC. P.O. BOX &34 _R9003II0_980.3- 1 501 1 A _R9.a030a9H04 _12..9.30300.91305 FLATS RP! 1 S F_ KODIAK AK 99615 60000 10179 0 A S1180- Tc n L07 R -3 _K0)1LK.LSLAND�'OROUGFi 1 EASEEJD.P.L 0 18.60 O 60000 0 10179 0 A 20.50 KllJ1AK_J.SLANI _acinoUGII_ LLA ;1=F /OPEN 10179 S BIM TR R 1 or R -, KODIAK 1SLJIN,D 133 DUG:-I.,_._..__-_LEASEE/0PE __(.9003.009901 - ELIAtT+9mSTGO.' agIR LALL ISLAN�_L�OROUGHG 07 :! FIAI.S�?EL>�J1ZT °S 89003009.903 ±BOX -. +12 P.O. BOX 1246 T1 r P -1 KOI)riA? 1> 0 60000 O A 0 20.80 48000 0 10179 . 0 A 19.40 LE ASEE /9RECHA '-1.E ED AK 99615 0 12150 10179 LEA5£E/J2 758 0.00 Er AK 99615 51500 0 10179 0 A 4.50 LANO_DOROUGH LEASFFL3QE1 KODIAK AK 99615 10179 )29003009905 1 118L1 a ELASS-_SUOD P.O. BOX 1246 ' KODIAK-ISLAND-BOROUGH KODIAK 52500 0 O A 17.71 1_,,ASEF7St0LBO'RN_ WR,IGHT ' AK 99615 58600 0 10179 0 A 19.20 LF ASEE / -3PF.N AK 99615 . 54300 0 10179 •0 4 18.10 LESSEE/-OPEN O 32700 79 0 A LEASEE/OQEN ' 7200 O A 0 10.90 0 2.50 n • a e_atiet ■"„ -u.s44-:"Axs4.er' . , . ::_ r - , .• ., ., . ,, . , • . : - - ,.... __. ____ „ ._ . _ , . . . 06/30/79 ' * *PARCEL : STATUS LEGAL DESC -11-9.0-030400-70 • .• 9-20 Pl.:- W.BAJAC-BAJAC'• P90-03041_0:4.' 1 A 8E1 LS FL A P . a. B 0 X 336. USCG Rif, AL PROPE L PST ING , • .. . CO D= Le0116-....VALfle TThm ,4 PR vALU A T I ON ASSESS. CHNG DTE, BUILD SO 'FT LAND TYPE LAND SO AREA t4A.1!f4417, 0 0 0 .11, 41f,F,o4-o,o. -1^,•P PAGE 291 I LO • KODIAK AK 99619 9400 10179 2280 • F 29000 40835.00: --g90-0-30-4-1-042-----A----B.t • . . 4 I T 11-.-.V.-1-NCEN T--&---MA R Y „ , , . . , . 10000 ,,.„.:,,,,:-:., :. 30500 ... ,, 10179 2448 F ,.,..--." - . 00 .. b. : • .. - : . .. , A' ____.. ..... _ ..._...:.' .. -,.-....., ...,":!...;:''..:".„, '''',,,:,',.., , ..,. ,..•::::.:';. BL K- •• - - . • n -44-9-U-0-3L0-4-1-a5-1--L-a—r---.' 1..: 0 T ' SA1 BLK , 4 • ' ' • - - - P.O. -BOX 864 ' • • AK . 99615 10000 KODIAK • 10 / 79 -I2.9.0.0-30•4-1-052-E-LL.S.--F....-LATS q O-13.11,.7 LOT • ,,A2 aLK...4. S.CHAFF.--E.R....AR THUR &-LOM 0 M A. 0 F -HALL D GUGL AS P .0. BOX 1122 KODIAK 1440 F 0 43550.00 AK • 99615 , 10179 • H.- 7,„ 13800 ' • • 4130 F • ' 19200- 75074.00'• AK 99615 ,._________-...,------ - - --/ -..-'-', - . , , 1 l79 ,--0-9-cu3-30-5-0-G2-1'---L-7-4----ez-L-L-s,--F-4-4-Ts,-z---upci-T4-247.,:--e---- ' 441).5.0 .-R..,1,64,1 AR 1-4,&-16.-.1TORX - •• '1'n ' " r CD.0“."50X• 57,6 ' " --'7"-,--'-'777''''' 7.''''''''''''''''''''''''''' 7-7- - :..". :,,,,,...:2: ' ': " KOD 1 AK ' ..`: , ,:, „, ,7',,,, . , ,q1/ -'' 7' 996.15' • :'-'' . -- ''''','',715BB8- 19179 0 A ;'46 ;.: , ' - - : t.:,,, . ' .;:::',,-,':',?::''.:',.....":,',..'1",.::-.;•'::'..'"?....:,..::::":"."•:;;•.'.::'..7....,:,,:."':•, • .7' 7,,,;.:., •.... ":„ .••••,..,:::•,,,:.. • , . 777,77-'-',-'.'',:.•;:., : 7. ' -7' : ' : •••• : . "-: ' ''.'.,,,,;....7., . . -fa.„_go_ilatua_a2', - , ' aLeik i - '- '- •- 6A.14.1.5.,R. aGEL.1.411.2.IELA&N 4 N c...I • • ' - : ,...,,,:,,,.,- • -,, , . 36300 0 • A 15.0. BOX 2667_ nacts.o.la 2 4 PI SI IR IV` I 11T -'2P K0DIAK-- AK- 99615 10179 .N1-11,11 LA 0 4.47 16500 0 0 • A 1.65 • • • • • . . , •pqnryin9ao.24 t S Ft' AT'S' roT 2r1,411-K- . '■ P.0.'80)1:2362 'L-------- 2. 1-1-q-F1 A TS sTy.,,,.. 7.--:„. 2F - RFK 5-- ' 11 11A,111.ES....„41-1.1 R_LE..Y....:J-' P08 OX 112 C- . • ''. : 1<00 I AK i:' :f,1,t.T.t: ,i-.• , „,. 4i,:.,:4.i,L, y -,,:,:,: f i c; i n 0 n a 6 ---"----'"ARF1-1-S---F17.;S,I I l.111.',..,L n-r . ,,, BOX 2252 ' ...-..,._-_-___-_-____ 1.- KODI AK.___ _Rgaci3n_s_o_o_ao-.A_T_SI•alla0-.. , 1 OT --ii .Fai_gs_LL_ILL.,p,m;ri--.141c-,;------- • ., AK 10179, 99615 13800 • . . . , . . . . . . . „ 0 ' A 1.37 5 7 0 • , :57 AK • 99615 • , 15200 23100 10179 • 0 A 1.52 A . 6 15 • 4L90.103.04.0-01.0 P.O. 80X-2264 • P.O. BOX 2888 10179 CO9D n r 2A Al AK 99615 KODIAK AK 99615 10179 ERR 24600 0 A 3.08 P.O. BOX 982 r KODIAK 10179 16200 • 0 0 ' • 70910.00 - 0 ------ P•01.11 BOX 2231 , .•; ,,,•„ 5, ,•;,,,,,.,.. ,. el ' ' . • - ''. .. ,- • - • • -••:--, --- •.• t': ' i'-'.'.1.11t'41'-!••M!,;,•1" '•*%••'1.4i.A"4. • : .. ..;.` '''', ' ,,,'" '''.' ' ••,' :'-';/ • -',''''' ''''''' -Y,'''''',' ' T'''-1",;;, T i'l P.--g.... MU1 • . ''-' • , . . ,. 7 . :-: -....i..,p ,-.,:.N, • , •e-,c.",j..1,,' "..41 ' ' -1.-, ', ',-..• ", 4,.. • ;',-.' 'I:. ; t•,,.," .•• L. U AM -.:';1:.,',!..•`A;',,I.!:!•;5•1.- . • • ••,,.LN:c:Iii;1*, I '' ' i 0.17.9_ •-•:•^:,,,,..-:::,,•:,:,c1!...,•• ‘, .`4, 1", (P, , -.Pr ,.,. ,,,, b.,. -,,,:, t..t .,;24.,#- ,,,, ,,,,, , , 3,/ -,,1,,.,,,t , ,, . ,, , riiiiir •.,..,i1A-•.igst'.• 0 .‘,Kii.•-,.;,-.4'..1,•::•••••_.)1,%■-•,":-.'••.• -•-•`, “!'" ,',','-' `-''''*:1•7', .,,,, ,,._ ,,.., , . .„ 'N, , '''?7,9.091,* ' 1 • 1,7" q9C10 4 010110% • .---A4-"--4,RUSs,Int.i.. crzF..K,....stiRp- . ' , '..:b.'.-Esokz.iti7.6-;:i.,,,...„,,,„ : --' ' el • ... ,., irsowt, '' ''''''', -C,I,Y.:''KOD4Ael,-,...!„, - • ■Ak r. :-:,.',' iiti'6,i A`4,:'7 - - ' - — ,e ,44..,..,. , .1. - " •.--•• -* • *1:' • • , - .4- - :''',',,41.-,--, . 1017,94 - .1-.;':-',c, -‘., ,,,„ • . . • „. ,..---- , !, . '. '. l'. f. ' ' ,. - --- . . . 4 , I .... . -.,- ,,-. -:,.4777,17-'-`-rrz'z'Y'57,7•1;,,, .:•.,-..-..),,,,.. "-.77-.,; ,.,,..-j..-,-,- :,,,, ,. 5 ; .„. 06/30/79 . . . . - \ . . : • REAL.PROPERTY LISTING . . PAGE 297 • . PARCEL NO S TA TUS.'" - 'LEGAL DESC - - ' - .„ .; ,-,. . - . . , • OS .11,11,r 1-:* . , . . . . • • - . . . • . ,. ' .. - , .-t :, OWNER/AGENT -., . . , • OWNER. • ,"; ,, n.,., ....,, - . . . ,. • . . :, . , . , ' ' ' , ', r L.Ty ' " ' ' ' S_T_AS-E.--7 IPC13DELA_NDLAU IT I Om ' I/AR-R-..---11-A.LU-AX-I-D.N. • . . . , . . . . 90.04.04_04-20 'A PucsiAm cpE=K cIf- {_FIT 12 , . ASSESS. CHNG DTE BUILD SO FT .LAND TYPE LAND 50 AREA • . CINCLI K_,.EDJ,W A R.D___W . . . . , . .. , KODIAK ' ' • - AK. 99615 ., - • 23100 . : • ' 27300. . • •• "••• •• 10179 , • .: ' 1.• ' c TO.C_KnFl 1.....DAN I Fi , • • A . PUSS 1 AN r a FFic- ' ci iBri - rn T -.1'1"; - • ...R90(3.411.1.0131; _ P.O. • BOX • 2748 , • " • . • . . CPPFX. SUS.0-.71-0.1....._14 K OD I AK . AK 99615 . 38600 ' 20600 • 10179 0 A 494 • ....--.^.7404-0-1-4-0-61S-S-IAN 't ' • P 0 004¼ 2634 •--61.9.0-04-0-1-0-1-5-0------R-U-S-S-1-414-C.R.€-E--1-5— " • • • - .LAuc.E..acyAL_Az.. , •" • KODIAK , ' . AK , '. 99615 . • : . 40400. : • ' . 2400 -; . 10179.. 5.77 . ... , : - ' KO-CLI-AXI-SL AND-8 DR CaUG P.O. BOX 1246 . . . , ' . • . . A 211c.0 LAN CQFEK q■Igh.• Ln T 16 * ' . .. 1/ KODIAK . . AK 99615 32500 0 -* • • 10179 . 0 A 465 n OnLE.Y...L.ARR Y....L._ .,•. • „, , . , , . ., , . ,.. . „ ... ,... . - • a..4AnaY . 31000 34100 ,11-9-08.40_1_0-150 P.O., BOX 2175 ; • ; . 1 -, -- . • . _ ,. . . -. ' ..- -•• " • 1---.---------------...-=, - ...:,-,.....__ ......:,.„.,,,,,•...____-_____ .....R9004(11.0.L.7.0 •---RUSS-14d ri ..-- - - • • P.O. 90X 314 - ---k KODIAK / K 99615 0179 0 . A 4.43 • K130.1.4.K TSLANII-1-1:11RaUGA ....9..9.031 * • " '. • 74 . - P.O. -BOX 1246 . k ' - •' . ., .•'• '.....*_,.. . ,,.,.' KODIAK '-'7"--`4 , '.. .,.' AK ' : ,99615 ''''' . ' . `.1.71/0 ' ' ,' :,'- • • 0 . . E29110.4010190. - T ' . e r AO 10179 0 A 2.50 • x-rLANa_l_altaauGA • . ,•, - ' .• . KODIAK ' AK 99615 23700 8000 . 10179 . 0 A 5.93 . . KODIAK ISLANa_aplIDIAGH ' ' . . . , . ,.,, , 29000 . , : • -0 . „ .• .,, , . 4 . I • OD '..'. . P.0.--130X 1246 . I • • . . , . . . . - -T . - RUSSIAN CRFFK SuRn. InT 20 -R9nn4n1n2no ■ .', ,, ; . . •, •,_ , , L/3_9_0.11 • • • .... 11/ II P.O. 'BOX 1246 9 . , • - • • , M.0.1.0.22.• • . : -I. 0 _SLAW.D...LE1011.4.1. . . KODIAK . • AK 99615 . 32300 - 0 10179 0 A . - 5.04 KOLLLAK-ISLAIr R GROUr14 ' • , ) ' . * • P..0.'BOX 1246 LP-9.0-0-4 al.02.30 ' I' .P6S51AM .coE.E. . • ' K OD I A K-; ' ,"" , ' ' ,PiK.'' 99.615 S.' • * , :38500: . , , ' - . -', 0 -KriniAx_isLANai_sollauGri. • • . P.O. BOX 1246 , I ' . • ••- • . . -1 • 4. . KODIAK , AK 99615 33700 0 . . , * . 10179 0 A . 4.81 . . „staa040102 , _P.O.-BOX. 1246 ''' '' - tv '-'• , • PLI ss r tos.t cP EFw i ifiri r 'r") T ' :9 4 i4 '. . __Kr1191A.K....1..SLAND_B.OROU1-1.______ . ; -• - % . 10179 , 0 A 354 • '', LW.H.LIE...0....DRNE___:&_ELANA 1*, KODIAK AK 99615 . 32100 ' • 1 . 6000 , . • 10179 0 A 4•59 • LILT E..,..L.ORA1-._T—E LA NA _a9.0.0.4.040212 P-.0.BOX, 1661 • ) .•. . _ .. • • . . , • • • - • • • _R.90.040102 - • , P.O. • BOX, 1661 - • - . . . Lis) n nikni..026., . - N. n ' '1 11T ' 715,' ' . . + ' • KODIAK - .. '-; „..:" AK 99615. ' . •' 18000 - - .' . .t 26900 . . , - • .; 10179 0 A 601 -MARHOLEC„.....1-_&_MhRG.AN...H . KODIAK ' AK 99615 • 41200 30200 * 10179 '• •••.. • 0 A 5.88 P.O. BOX 2245 ) . ; ; , , ; . . '•-• •• "'•••'''''• '1-t ,•••••• N-'•:•;,''".W, f. •,' ',•;•'•• . i, • -,.;, •,,. • ' ' . ,. •-',,,,. . . .. 2 g 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