BELLS FLATS TR B-2 OF TR B - Land DisposalKODIAK ISLAND BOROUGH
MEMORANDUM
DATE: August 21, 1981
TO: Phil Shealy, Borough Manager
FROM: Will Walton, Director of Community Development Gaa1,141-7riti-
SUBJ: Information for Assembly's September-3, 1981 agenda.
RE: Case LL-81-001. Lease or sale of Tracts B-1, B-2,
B-3 and B-4A, Bells Flats Alaska Subdivision. (KIB
Assembly)
Please be advised that the Planning and Zoning Commission, at
its August 19, 1981 regular meeting, following a properly
advertised, noticed, and conducted public hearing, recommended
that the Assembly lease rather than sell Tracts B-1, B-2, B-3
and B-4A, Bells Flats Alaska Subdivision.
The Assembly needs to make a decision on leasing or selling the
Tracts and authorize the staff to proceed accordingly.
CC: Borough Clerk
KODIAK ISLAND BOROUGH PLANNING F `` )NING COMMISSION MINUTES
July 15, 1981, regular meeting
Page 2
Discussion onthe rezoning of this case. The Commission came to the conclusion
to exclude lots 21 and 22 being owned by Mr. James Garoutte.
Mr. Ramaglia moved to rezone lots 19, 20, 23, 24 and 25, block 2, Allman Addition
from R -1 single family residential to business. Seconded by Mr. Gudenau. Motion
PASSED by unanimous roll call vote.
6. PUBLIC HEARING ON CASE Z -81 -020. A request to amend the Comprehensive Plan and
rezone Tracts 8 -1, B -2, B -3 and B4 -A, Bells Flats Alaska Subdivision, from in-
dustrial to rural residential. (KIB Planning and Zoning Commission)
STAFF REPORT: Mr. Walton presented the staff report and addendum and recommended
tabling this item. 29 notices were mailed, none returned.
Discussion on tabling this item until after the meeting with the Borough Assembly.
Mrs. Crowe can we re- iniate the negotiated lease Ordinance?
Mr. Shealy I believe so.
Discussion on the length of time for leases.
Mrs. Crowe closed the regular meeting and opened the public hearing.
John Tyhuis would like to see the gravel leases for a period of at least 10 years.
Discussion between Mr. Ramaglia and Mr. Tyhuis on the rezoning issue.
Mrs. Crowe closed the public hearing and reopened the regular meeting.
Mr. Ball moved to table items 6, 7, and 8, until the August 19, 1981, Planning
Commission meeting. Seconded by Mr. Briggs. Motion PASSED by unanimous roll
call vote.
7. PUBLIC HEARING ON CASE Z -81 -021. A request for an exception from Section 17.12.010
(G)- -Uses Permitted in RR -rural residential districts - -for long term gravel extrac-
tion on Tracts 8 -1, B -2, B -3 and B4 -A, Bells Flats Alaska Subdivision. (KIB
Planning and Zoning Commission)
Mr. Ball moved to table this item until the August 19, 1981 meeting. Seconded
by Mr. Briggs. Motion PASSED by unanimous roll call vote.
PUBLIC HEARING ON CASE LL -81 -001. Lease or sa e o racts B -1, B -2, B -3 and 64 -A,
Bells Flats Alaska Subdivision. (KIB Assembly)
Mr. Ball moved to table this item until the August 19, 1981 meeting. Seconded by
Mr. Briggs. Motion PASSED by •unanimous roll call vote.
IC HEARING ON CASE S -81 -012. Vacation and replat of lots 1 -63, block 3,
Alderwood Subdivision, USS 1396. (Craig and Bette Bishop)
STAFF REPORT: Mr. Crowe presented the staff report and addendum and recommended
final plat be prepared and submitted for approval. Mr. Walton presented additiona
information on the playground area.
Mrs. Crowe #13 of the original agreement states that there shall not be more than
132 units, are we bound by that? How many acres?
Mrs. Crowe closed the regular meeting and opened the public hearing.
Mrs. Bishop there are 4.83 acres in this area. We do not have a development plan
for this area at this point. Will not put in 63 units at once.
Mrs. Crowe what about play areas?
Bette Bishop letter of June 8, 1979, from NBA stated that NBA was going to put in
a play area in block 2.
Lenghtly discussion between the Commission members and Mrs. Bishop on who is to
put in the play area and where it is to be located.
Mr. Bishop pointed out other locations for a play area.
Mrs. Crowe stated that Kodiak Island Housing Authority and Fir Terrace had to put
in parks or play areas.
.. -_ .. .. ice.•._:
KODIAK ISLAND BOROUGH
REMORARDOM
DATE: July 15, 1981
TO: Planning and Zoning Commission
FROM: Community Development Department
SUBJ: Staff report addendum
RE: Case Z-8-02O, Z-81-021, and LL-81-001. B Tracts Plan,
Bells Flats Alaska Subdivision.
At its July 8, 1981, meeting, the Commission asked for additional
information_on the "B Tracts Plan" and its parts.
The status of the various parts of the plan are discussed in this •
evenings staff report which was distributed last week. Basically,
the land involved has been subdivided into five (5) parcels, one
parcel has been proposed for a park or preserve, the remaining
four (4) parcels have been used for gravel mining in the past and
that land use is proposed for continuance.
•
Before you this evening are 3 cases. One to amend the Plan and
to rezone the 4 parcels from Industrial to residential, one to
• consider an exception, and one to recommend leasing or sale of
the 4 parcels.
• The Comprehensive Plan amendment, zoning change and exception are
proposed to alleviate expressed concerns about using the land for
gravel extraction for a lengthy period of time and then attempting
to enforce a residential proposal. The 3 pieces fit together but
will not function if any one of them is, for whatever reason, not
realized.
Other avenues available to you are conservation zoning without
an exception, deed restrictions, and continued-leasing of the
existing Industrial land.
Conservation zoning permits mining activities under the broad -
definition of agriculture. The residential proposal could still
work but only on 5 acre lots.
Deed restrictions or covenants are another possibli y. Serveral
are suggested in-the staff report previously submitted.
Ntemoranaum, page
Z -81 -020, Z- 81 -n21, LL -81 -001
July 15, 1981
Leasing the land depends on realistic lease conditions and adequate
administration of same by the Borough. Under the present Borough
Code material leases can only be executed for a one year period
of time. The Ordinance proposed by the Commission for negotiated
leases on materials was deleted by the Assembly from its July 2,
1981, agenda. This action in effect killed the Ordinance.
An additional alternative is to table items 6, 7, and 8 this even-
ing for the purpose of first completing the Women's Bay Area Plan.
Portions of the B Tract are still being leased.on an annual basis
and gravel is being removed. The urgency in completing a "B Tract
Plan" still remains a mystery to some people.
Staff supports the multiple use of the property, the creation
of the proposed lake, and the sale of the property. The acc-
omplishment of the area plan for the Women's Bay Community
could accomplish these goals.
KODIAK ISLAND BOROIJG
Box 1246
Kodiak., A1,69,9615
Kodiak Island Borough
Kodiak, Alaska
RECEIVED
JUL 1 6 1981
PM
A 1-,.!
42 4 4 1 1,11 1
Sial■••■•1211111.111...-
The Kodiak Island
NOTICE_ OF PUBLIC HEARING
Borough Planning and Zoning Commission has
KIB PLANNING AND ZONING COMMISSION
received a petition from
requesting the lease or sale of Tracts.B-1, B-2, B-3 and B-4A, Bells Flats Alaska
Subdivision. (Case LL-81-001)
The Kodiak Island Borough Planning and Zoning Commission will hold a Public Hearing
on this matter at 7:30 PM, Wednesday, July 15, 1981,
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
Lhe oaly Public Hearing before-the Plauning-and -Zonin5-Commisslon
and you are invited to appear and voice your opinion. If you cannot attend, you may
submit a written opinion that ban 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 711C 1 fl. dames 'R.. ry,51-- Address
Legal Description 1-4t 3 0 - 2: aws c1,47,5.
Comments kAd ukja -414frr+ 4e sck\e. or 61/4.St' ig -4\is ropersf
only/I re61Ae4Tal 6e j14 1e ow czfitries 4r) aq °
1A.. rvel
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KODIAK ISLAND BOROU
Box 1246
Kodiak, Alaska 99613
FIRST CLASS MAIL
NOTICE OF PUBLIC HEARING
The Kodiak Island Borough Planning and Zoning Commission has received a petition from -
KIB PLANNING AND ZONING COMMISSION
requesting the lease or sale of Tracts B -1, B -2, B -3 and B -4A, Bells Flats Alaska
Subdivision. (Case LL -81 -001)
The Kodiak Island Borough Planning and Zoning Commission will hold a Public Hearing
on this matter at 7:30 PM, Wednesday, July 15, 1981,
in the Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak. You are being
notified because you are either the property owner of the above- referenced lots; or
an owner of property within 300 feet of the above- referenced property. This will be
the only Public Hearing before the Planning and Zoning Commission on this petition,
and you are invited to appear and voice your opinion. If you cannot attend, you.may
submit a written opinion that can be read into the minutes of the Public Hearing..
If you would like. to comment on the petition proposal, this form 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 Address
Legal Description
Comments
Z.
gee
KODIAK ISLAND- BOROUGH
MEMORANDUM
DATE: July 8, 1981
TO: Planning and Zoning Commission
FROM: Community Development Department .ai-44/44.147X.,
SUBJ: Staff Report
• RE: LL-81-001. Lease or sale of Tracts B-1, B-2, B-3,
and B-4A, Bells Flats Alaska Subdivision. (KIB Assembly)
BACKGROUND
The Commission, at its June 17, 1981, meeting, tabled consider-
ation of this case to allow time for two related cases to be
scheduled for public hearings. As with several other items on
this evenings agenda, this matter •is a part of the "B Tract
Plan".
QUESTION
The question for your consideration is whether or not the land
involved should be leased or sold.
As reported in last month's staff report on this case, con-
sideration of the B Tracts has been underway for some time.
The most recent action on the project has been the completion
of the "B Tract Plan" and its presentation to you.
RECOMMENDATION
Staff .recommends that. Tracts B-1, B-2,-B-3 and.B-4A, Bells
Flats Alaska Subdivision, be-offered for sale to the public.
KODIAK ISLAND BOROUGH PLAP "- - AND ZONING COMMISSION MINUTES
June 17, 1981, regular me(
Page 4
Starting with S -81= 010. Subdivision of Tract B, into Tracts 8 -1, B -2, 8 -3
B4 -A, and B5 -A.
Bruce Maass Women's Bay Community Council; Like the plan, but can't back it :1111..•.
now.
Jim Cobis "8" development plan looks good but without a comprehensive plan
it just adds more fuel to the fire.
Mrs. Crowe closed the public hearing and reopened the regular meeting.
Mr. Hill Likes plan "B ", not detrimental to Women's Bay Community.
Discussion on adopting development plan and adding it into the Comprehensive
Plan.
Mr. Rama•lia moved to rant asuroval of the 'reliminar subdivision of Tract
B, Bells Flats Alaska Subdivision into B -1, B -2, B -3, B4 -A and B5 -A, Bells
Flats Alaska Subdivision. Seconded by Mrs. Walser. Motion PASSED by unanim-
ous roll call vote.
Z -81 -012. A request to amend the Comprehensive Land Use Plan from industrial
to service /recreation on Tract B5 -A, Bells Flats Alaska Subdivision.
Discussion on developing a Comprehensive Plan for Bells Flats.
Mr. Maass when do you expect to have a public use Ordinance available?
Mr. Walton September. of this year.
Discussion between the audience and the Commission on what the Bells Flats
people would like to see on the Comprehensive Plan. -
Mr. Maass we are in the process of putting together a comprehensive Plan
map.
Mr. Cobis we are just as confused, so if we all work together maybe we can
put something together that will work.
Mrs. Crowe closed the public hearing and reopened the regular meeting.
Mr. Ebell spoke on the legal aspects of the Comprehensive Plan procedures.
Lengthy discussion between the Commission and audience.
Mr. Briggs moved to recommend that the Comprehensive Land Use Plan be amend-
ed from industrial to service /recreation on Tract B5 -A, Bells Flats Alaska
Subdivision. Seconded by Mr. Hill. Motion PASSED by unanimous roll call
vote.
11.80. -1111.
LL -81 -001. Lease or sale of Tracts B -1, B -2, B -3 and 84 -A, Bells Flats
Alaska Subdivision. (KIB Assembly)
Lengthy discussion between Mr. Maass, Mr. Cobis, Mr. Ebell and the Com-
mission on suggestions and ideas for lease or sale of the "B Tracts ".
Mrs. Walser moved to set a hearing to rezone Tracts B -1, B -2, B -3 and B4 -A,
Bells Flats Alaska Subdivision from industrial to rural residential and
consider an exception for gravel extraction. Seconded by Mr. Hill. Motion
PASSED by unanimous roll call vote.
Mrs. Walser moved to table consideration of the lease or sale of Tracts B -1,
B -2, B -3 and B4 -A, Bells Flats Alaska Subdivision until such time that the
rezoning has been approved. Seconded by Mr. Hill. Motion PASSED by unanimous
roll call vote.
KODIAK ISLAND BOROUGH PLAP1N"Itir_ AND ZONING COMMISSION MINUTES
June 17, 1981, regular met
Page 3
Mr. Hill moved to grant an exception from section 17.18.010(B) uses permitted
in an R -2 district for the storage of crab pots. Seconded by Mrs. Walser.
Motion FAILED on a 0 -5 -1 vote, with Mr. Hill, Mr. Ramaglia, Mrs. Walser, Mr.
Briggs and Mrs. Crowe voting no, and Mr. Gudenau abstained.
Discussion between Mrs. Walser and Mrs. Lechner on crab pot storage at Near
Island.
Discussion on who will establish the boundary line for the crab pots. Mr.
Walton answered that it was the Borough's responsibility.
8. PUBLIC HEARING ON CASE Z -81 -017. A request for a variance from section
17.60.020(D), a sign exceeding six (6) square feet in area to identify non-
conforming commercial uses and section 17.60.020(E) the signs in this
section shall be mounted flat against the building and more than 25 feet from
any lot line, on lot 12, USS 3098. (Island Air Service)
STAFF REPORT: Mr. Walton presented the staff report. Staff recommended
approval of a variance from section 17.60.020(D) and denial of the variance
to section 17.60.020(E).and the sign be relocated to a location 25 feet
from the lot line along Mill Bay Road. 19 notices were mailed and none re-
turned.
Mrs. Crowe closed the regular meeting and opened the public hearing. Hearing
no comments she closed the public hearing and reopened the regular meeting.
Discussion between staff and the Commission on the location of the sign.
Mr. Ramaglia moved to grant a variance from section 17.60.020(D) for a
28 square foot double sided sign to identify a non conforming commercial
use. Seconded by Mrs. Walser. Motion PASSED by unanimous roll call vote.
Mrs. Walser moved to grant a request for a variance from section 17.60.020(E)
to allow the sign to be placed on the lot line. Seconded by Mr. Briggs.
Motion PASSED by unanimous roll call vote.
A 5 minute recess was called.
Mrs. Crowe reconvened- the meeting at 9:50p.m.
9. PUBLIC HEARING ON CASE Z -81 -012. A request to amend the Comprehensive Plan
from industrial to service /recreation on Tracts B5 -A, Bells Flats Alaska
Subdivision. (KIB Assembly)
STAFF REPORT: Mr. Walton presented the staff report. Staff recommended
that the Comprehesive Plan be amended from industrial to service /recreation
and that same be designated on the official zoning map.
10. PUBLIC HEARING ON CASE S -81 -010 A request to subdivide Tract B, Bells Flats
Alaska Subdivision into Tracts B -1, B -2, B -3, B4 -A and B5 -A, Bells Flats
Alaska Subdivision. (KIB Assembly)
STAFF REPORT: Mr. Walton presented the staff report. Staff recommended
preliminary approval of the subdivision.
11. PUBLIC HEARING ON CASE LL -81 -001. Lease or sale of Tracts B -1, B -2, B -3 and
B4 -A, Bells Flats Alaska Subdivision. (KIB Assembly)
STAFF REPORT: Mr. Walton presented the staff report. Staff recommended that
Tracts B -1, B -2, B -3 and B4 -A be scheduled for public hearings to be rezoned
from industrial to RR -rural residential, and that consideration be given for
an exception to permit long term gravel extraction. After the above is
accomplished, it is recommended that Tracts B -1, B -2, B -3 and B4 -A be declared
surplus to the Borough's needs and offered for sale to the public. Another
alternative would be contract zoning. Staff further recommended that the
B Tract Plan be reviewed by the Women's Bay Community.
Mr. Crowe explained the 'plan alternatives.
Mr. Walton stated that 30 notices were mailed, 1 was returned requesting a
tabling of the items.
Mrs. Crowe closed the regular meeting and opened the public hearing.
'I`
)
KODIAK ISLAND BOROUGH
MEMORANDUM
bATE: June 10, 1981
TO: Planning and Zoning Commission
FROM: Community Development Departmen
SUBJECT: Combined Staff Report
'.— . Items 9, 10, 11
IN RE: Case No. Z-81-012. A request to amend the Comprehensive Plan
from Industrial to Service/Recreation on Tract B-5A, Bells
Flats Alaska Subdivision (K|8 Assembly);
Case No. S-81-010. A request to subdivide Tract B, Bolls Flats
Alaska Subdivision, into Tracts 8-1, B-2, 8^3, 8-4A and B-5A
' \
(K|8 Assembl
(KIB '
Case No. LL-81-001. Lease or sale of Tracts B-1, B-2, B-3,
8-4A, Bells Flats Alaska Subdivision (KIB Assembly).
Comments:
These requests are the result of several years of deliberation on the "B"
Tracts in Bells Flats. The staff report has been combined to include the
three separate actions requested because of their relationship to one
another. Much gnashing of teeth and beating of chests has taken place by
all parties concerned and a raft-load of information has been generated
for your cons/daration'
Case Z-81-012, 'Amending the Comprehensive Plan from Industrial to Service/
Recreation on Tract B-5A.
The issue here is whether or not B-5A should be preserved for public use as
a park or conservation area, or used as an additional site for the extraction
of gravel.
The B-5A site is wooded, marshy, and reportedly has spawning salmon in the
streams at appropriate times of the year. It is most appropriate to
preserve such an area.
Since Title 17 does not have a "Public" zoning district classification, the
Service/Recreation overlay is proposed. Service/Recreational uses are
contained in Section 17.30.050 of the Code, and permit "...public parks,
playgrounds and .-,borough uses or buildings." The only other alternative
available would be to rezone the 8-5A parcel from Industrial to Conser-
vation.
The action needed on this portion of the B-Tracts Plan is two-fold:
(1) an amendment of the Comprehensive Plan from Industrial to
Service/Recreation or Conservation for B-5A, and
(2) designation (rezoning) of 8-5A as Service/Recreation or
Conservation'
June 10, 1981
Combined Staff Report - P&Z Commission
Case No. Z-81-012, 5-81-010, LL-81-001
Page 2
Items
Case S-81-810. Subdivision of Tract B into Tracts B-1, B-%, B-3, B-4A and
B-5A.
The basic intent here is to change the lot line between existing Tracts B-4
and B-5 to make B-4 larger. The plat was prepared by the Borough Engineer.
Case LL-81-801. Lease or sale of Tracts B-1, B-2, B-3 and B-4A.
In accordance with the 08 Code the Planning and Zoning Commission is required
to review proposals for the disposal of Borough-owned properties. You are
charged with determining if such land is //surplus to the Borough's needs" and
the appropriate method of disposal: lease or public sale.
In a June 9, 1981 conversation with Dale Tubbs, Land Consultant, the question
was asked of him: "In your opinion, is there an urgency for action on the
B-Tracts?" His response was, "Yes, no leases exist, gravel is being removed,
lease enforcement has been lax, and everything out there is illegal."
At a recent work session the Borough Assembly reached a consensus that in
order to maintain control of the B-Tracts, they should be leased -- not sold.
With that in mind, the question becomes: What kind of controls are
appropriate? This concern is discussed later in the staff report.
B-Tracts Plan. A plan for the future of parcels B-1, -2, -3, and -4 has been
prepared by the "Gravel Committee", which has held many meetings in the past.
Several alternatives are presented but all include gravel extraction, the
formation of a lake, residential land useage around the lake, an access road,
and the use of 8-5A as a public park or preserve. How to accomplish the plan
with Industrial zoning being in place is a very real concern to staff and the
Balls Flats residents' '
An extensive amount of research was accomplished by staff member Marcia Enos'
That work is attached for your information. Also attached is a November 13,
1980 letter from Dave Crowe to Rick Garnett, a letter and development plan dated
May 7, 1980, to Dave Crowe from John Felton, a November 28, 1978 letter from
Dale Tubbs, and several portions of meeting minutes.
Recommendation.
(1) Staff recommends, for Case S-81-010, that Lease Tracts B-1, B-2, B-3,
8-4, and B-5, Bells Flats Alaska Subdivision, be approved for
division into Tracts 8-1, 8-2, 8-3, 8-4A' and B-5A as a preliminary
plat.
(2) Staff recommends, for Case Z-81-012, that the Comprehensive Plan be
amended from Industrial to Service/Recreation for Tract B-5A, and
that same be designated on the Official Zoning Map.
(3) Staff recommends, for Case LL-81-001, that Tracts B-1, B-2~ B-3, and
8-4A be scheduled for public hearings to be rezoned from | - industrial
to R-R - Rural Residential, and that consideration be given for an
exception to permit long-term gravel extraction. After the above is
accomplished, it is recommended that Tracts B-1, D-2, B-3, and 8-4 be
declared surplus to the Borough's needs and offered for lease to the
ublic. Another alternative would be contract zoning.
June 10, 1981
Combined Staff Report - P&Z Commission
Case No. Z-81-012, 3-81-810, LL-81-001
Page 3
Items q11O.,- 11
(4) Staff recommends that the development plan proposed by the ''Gravel
Committee" be reviewed by the Women's Bay Community Comprehensive
Planning Committee and approved by the Kodiak Island Borough Planning
and Zoning Commission.
KODIAK ISLAND BOROUGH
TO:
FROM:
DATE:
RE:
M E M O R A N D U M
GG ,57/ -.eel
Will Walton, Planning Director
Marcia Enos
June 9, 1981
Information requested: Bells Flats "B" Tracts
RECOMMENDATIONS .S & CONSIDERATIONS
Basically, the recommendation is to impress upon the Assembly
the need for it to take action on the Bells Flats "B" Tract. The main
decision, it appears, would. be a resolution to declare the "B" tract a
particular type of area with a stated future. The "B" tract should be
handled as a "development toward residential" piece of land, through one
of the following possiblities:
1) made into an ordinance specifying a new type of special
zoning, or done by;
2) initiating contract zoning, or, as suggested by the Bells
Flats committee;
3) rezoning Bl through B5 as residential -with- public -use with a
variance allowed until the area is prepared for building, or;
4) some other formal means.
Since the Bells Flats community strongly feels that the parcels, B1 -B4,
should eventually become residentially zoned, yet realize that gravel is
needed by and benefits the community of Kodiak, they have suggested that
the parcels BI -B4 be designated a residential - with - public -use zone now
to protect the area from possible non - compatible industrial uses in the
future. Retaining the industrial zoning, they feel, would leave the
area open to decisions for uses not leading toward residential use in
the future (10 -20 yrs.) - when new committees, Assembly members, planning
officials, etc. are making lease agreements with new parties. Who would
remember the original intent? And who would go back ten or more years
to check up?
Dale Tubbs,
possibility
stated that
desires and
There still
1)
2)
3)
4)
5)
Land Management Consultant for the Borough, agrees that the
they (the Bells Flats' residents) project is a real one and
the R -1 /public use with variance is a way to serve residents'
the Borough's concerns (financing, zoning).
remain, the problems, however, of -
Who gets the variance?;
The "schedule" of development;
Whether a large or small operator would find it economically
feasible to extract gravel according to development "rules ";
Whether to lease at all (Bells Flats residents are opposed
to a sale, particularly if parcels are not rezoned to
residential);
Whether to demand a particular duration to a lease agreement
for use of the land (e.g. minimum term /maximum term ?, renewable
clause with /without preference to current lessee) or, rather
to sell gravel, such as 5,000 yds., within a particular framework.
Will Walton
June 9, 1981
Page 2
6) Whether any stipulations placed on the "B" use prior to
"end" use (i.e. to what is planned for the area post-
extraction) can or would be enforced, and by whom, and
in what manner - and according to ordinance sales (material
sales) contract terms and conditions (as stated in ordinance:
that lessee conforms to "whatever" is in sales/lease document)?
Further Considerations:
1) Develop an end-use date with a good picture of "B" post-gravel period.
If this is put in the lease agreement, it alerts lessers to how long
they have to extract, "improve", conform to their (approved) develop-
ment plan and to "clean up their act" pre-exit.
2) Shorter lease periods than the above-mentioned now-to-end duration
(which would be in 10 years if end-use date was set for June 1991)
may be allowed and/or desirable. If allowed, a development plan,
generated by the P & Z Department or its authorized "agent", should
be on record and stipulated in the lease/extraction terms so that
spot development, for each of the parcels (tracts) and for the overall
tract is avoided. Spot extraction could render the land unusable and
lessen the value for future uses.
3) Earmark each parcel (pre-plan) with conservation zones, include these
(pre-print) in each parcel's lease, so that the proper screen is
assured and the trees (50-100 years old) along the perimeter of the
"B" tract are not torn down (as has been done). The trees add to the
"pristine" (quote Maass) nature, are desirable as a screen and in a
(future) residential area, are located on the outer portions of each
parcel and would add to the value of the land later on.
4) Dale Tubbs reco intends separating the lease rate from the royalty
rates for gravel parcels.
5) Tailor each lease to unique, individual area - can expect B1 and B4,
outer parcels, to differ from B2 and B3, both bounded by other "B"
parcels - development plans.
6) Consider who will be able to or would want to lease "B" tracts with
development standards:
Combining the parcels and requiring phased, orderly
development within a specified time period, might
well be the "easiest" means to control/monitor con-
version to residential use and at the same time, be
economically feasible for a gravel operator, BUT a
monopoly situation may occur. COULD require gravel
owner "to sell to all purchasers at an established
rate and to not freeze out any purchasers" (quote
by Dale Tubbs, June 9, 1981).
PROBLEMS: different gravel = different rates;' supply/
demand theory; anti-Brechan attitude; enforcement; and
standard problems, such as measuring/assessing gravel
(volume) sold, particularly for different gravel;
small operators without access to "B" parcels.
Will Walton,.:-
June 9, 1981_
Page
Using existing parcel divisions and stipulating certain development
"improvements", such as roads and using only specific transport
routes, may not be economically viable for small operations - a large
investment (according to Dave Crowe, Dale Tubbs, Mike Brechan, and
Felton Construction) is needed initially to "start up" a pit area;
if lease term is too short, there may not be any "takers" - the Borough
loses on rent, 'royalties, gravel. Must decide now - perhaps no one
decision will be the ideal, but time is now to make a stab at it.
7) Make lease include conditions to at least develop a road - set a time
limit (e.g. within five years for this to be done). Leaving an open
ended term, say "at the end of ten years" is not likely to produce
desired road (Maass, Tubbs). Need a policy upon which whatever monitor-
ing agent is implemented can enforce the end-use development schedule,
make recommendations to the P & Z Department in interim periods (regardless
of whether leases are single-shot or several short-terms), adjust (update)
comprehensive plan in a more trackable manner than done now.
8) NO ONE KNOWS WHAT IS IN THE "B" TRACT (Crowe, Tubbs). UNKNOWNS NEED TO BE
KNOWN.
- How deep is the gravel?
- Is a lake really possible?
- If it is, what will its creation do to water table of residents?
- If extracted according to the present end-use proposal (residential
area, surrounding a lake), what can be done with the "lake" hole
if it is found that water flows through and does not fill the pit?
- How will the Borough assess the value of the gravel - differing
conditions may affect value of gravel and degree of difficulty
• extracting that gravel, and processing access affects .sale value.
Borough does not know how deep, what kind, or where the gravel lies.
Neither has it consistently assessed the gravel extracted to date
(have accepted without perfoLwing verification of figures, Brechan's
estimates - Crowe, Tubbs, June 1981). This will not be easy to
resolve (Crowe, Tubbs).
- Gravel, if measured by weight, is affected by "wetness"
(expect gravel from below water); by grade (size), by
amount, time stored.
- Gravel by volume - similar concerns.
- Gravel by size of "hole" (or part) - not sure of problems
here, but expect amount of soil/gravel mix, when in water,
etc., imposes measurement problems and review by some assessor.
RECOMMENDATION - Proposed by Dale Tubbs
Core drill area to see if a lake is feasible, determine depth of gravel
(lake) to a reasonable limit (20 feet?) for entire area and formulate
development schedule accordingly. Core drilling is expensive, though costs
vary greatly, and requires a call to soil consultant for more accurate esti-
mates. Dave Crowe suggested $50,000 - $100,000 is not a far-off cost for
about 100 test pits, the expected number necessary to cover the topographic
"realities" of the Bells Flats "B" tract.
- Gives P & Z a more realistic picture of what is possible;
- Gives Borough better idea of land/gravel value;
- Gives industry basis for investment decision; .
- Permits assessment and sale/lease terms indicators;
- Settles some of the above issues;
Will Walton
June 9, 1981
Page 4
- Provides development decision by making data base;
- May discover area to really be suited for longer -term "mining ",
delaying conversion to residential use; or discover small or
difficult amount of gravel which is not really worth the hassles
incurred to date; or find out it will be better extracted by
large (with economies) operator; or may discover very uneven
nature of topography and need for change in land -use design
(and change in development scheme).
I believe, from a discussion I had with Bruce Maass (at KIB on June 8, 1981),
that the Bells Flats residents are all for any informed plan for the "B"
tract. If it proves to be unrealistic to make it eventually residential
within the next decade, or ever, it is my impression that this would be
acceptable - as long as that "decision" arrived at by P & Z and the Assembly
is justified - and it is not justified by mere opinions. It can be justi-
fied by bringing in technical knowledge of the area and fitting this into
a plan of action, not reaction. They have a preference .for the area to
become residential as soon as possible, and for it not to become the
"junk heap" that Large's and Deater's (plots) have been .(illegally) allowed
to become and really they want better planning and management of the area.
They do feel the Borough has the potential to be a more responsive body,
understand some of the problems involved in enforcing conformance to
material sales and zoning regulations, recognize the value of continued
gravel operations, and basically appear to be open and willing to com-
promise. They are seeking to become a second -class city eventually.
Right now they would like to become involved in the planning, but do want
some expertise involved, too & they are willing to accept what is feasible
and durable.
ROBERT C. ERWIN
FLOYD V. SMITH
RICHARD W. GARNETT III
JAMES BENDELL
JULIE SIMON
ERWIN, SMITH & GARNETT
ATTORNEY'S AT LAW
1345 WEST 9TH AVENUE, SUITE 201
ANCHORAGE, ALASKA 99501
PHONE (907) 276-3125
February 12, 1981
Mr. Dave Crow
Borough Engineer
Kodiak Island Borough
P.O. Box 1246
Kodiak, Alaska 99615
Re: Gravel Lease
Our File: 529-RWG
Dear Dave:
I enclose a new version of the lease for P-1. I
believe it contains the changes we discussed. Para-
graphs 4 and 5 set the rent in terms of a requirement to
extract a certain number of yards annually. Paragraph
10 provides for removal of improvements. Let me know if
there are other points we need to discuss or revise.
Best wishes.
RWG/jec
Enclosure
Yours very truly,
Richard W. Garnett III
Lsin 4,7t41 tokarnigil
tT3: P 1^.•
FEB 1 71981
7i8g9ABiggig20
A
KODIAK ISLAND BOROUGH
ORDINANCE NO. 78-19-0
AN ORDINANCE ADDING TO TITLE 18 OF THE KODIAK ISLAND BOROUGH
CODE OF ORDINANCES A CHAPTER .60 RELATING TO MATERIAL SALES.
BE IT ORDAINED by the Assembly of the Kodiak Island Borough:
Section 1. Title 18 of the Kodiak Island Borough Code of
Ordinances is amended by adding a new Chapter .60, as follows:
Sections:
18.60.010
18.60.020
18.60.030
18.60.040
18.60.050
18.60.060
18.60.070
Chapter 18.60
Material Sales
Materials Available
Additional Application Information
Negotiated Disposals
Volume Determination
Method of Payment
Appraisal
Performance Bond
18.60.010 Materials Available. All materials to
which the Borough holds title may be sold pursuant to contract
approved by the assembly. The manager shall recommend to
the assembly a form of contract, including limitations,
conditions, and terms of the sale
renewable, natural, extractive re
limited to, gravel, sand, soil,
shall be considered real pr
title.
"Materials" means non-
ources, including but not
ock and peat.
"Materials"
erty for the purposes of this
18.60.020 Additional Application Information.
A. An application for a material sale shall
include in addition to requirements in 18.20.040 a map showing
or containing the following:
1. The location of the material site area oriented
to topographic features or survey markers.
2. The location of adjacent property boundaries,
road and water courses.
3 Names of adjoining property owners.
4. A vicinity map of appropriate scale to properly
locate the application area.
B. The informa.tion required in A of this section
is waivered when applying for material from a Borough designated
material source.
18.60.030 Negotiated Disposals. Negotiated
disposals of materials valued at less than $5,000 may be
made at the discretion of the manager from property acquired
from the State when he determines no competitive interest
exists. No more than $5,000 worth of material may be negotiated
to one applicant in a 12 month period from the same or
contiguous material source.
18.60.040 Volume Determination. Measurements to
determine the volume of material sold may be cross sectioning,
A
weighing, or other method considered to give accountability
of the materials sold. The_purchaser shall bear the cost of ,
volume determination for all material sales. The Borough,
on its own motion, may make additional volume measurements
to verify the accuracy reported.
18.60.050 Method of Payment.
A. A minimum of $1000 shall be paid to the
Borough when executing a negotiated material contract. No
refund will be made if the volume removed is not equivalent
to the value of the initial payment. The balance of the
negotiated contract price is due as provided in the sale.
contract.
B. Competitive bid offerings shall require the
following payment schedule:
1. An initial payment of $1000 or 10% of the
total contract value, whichever is more, shall
be deposited at the time of the bid award.
2. The balance of the contract price shall be
due as provided in the material sales contract.
3. No refund of the initial payment will be
made if no material or the equivalent valued
material is not removed.
4. Up to $2000 of the initial payment may be retained
by the Borough as payment deposit throughout
the life of the contract to be applied to the
final payment due for materials not earlier
paid for.
18.60.060 Appraisal
A. The assembly shall establish, at annual
intervals, a minimum unit price for material to be sold.
B. All new and existing contracts for sale of
material shall'be adjusted automatically to reflect the
price established under paragraph A of this section, provided
that, a contract price established be competitive bidding,
if higher than the general price established by the Assembly,
shall not be affected.
18.60.070 Performance Bond. The manager may
require the purchaser to provide a performance bond in an
amount he determines necessary to protect the Borough's
interest and ensure satisfactory compliance of the contract
stipulations. A purchaser may use a state-wide bond to meet
the performance bond requirements.
• -- • 77 •.-^, 1,,
KODIAK. ISLAND BOROU
Box 1246
Kodiak, Alaska 99615
FIRST CLASS MAIL
NOTICE OF PUBLIC HEARING
The Kodiak Island Borough Planning and Zoning Commission has received a petition from
KODIAK ISLAND BOROUGH ASSEMBLY
requesting lease or sale of Tracts B-1, B-2, B-3 and B4-A, Bells Flats Alaska
Subdivision.
The Kodiak Island Borough Planning and Zoning Commission will hold a Public Hearing
on this matter at 7:30p.m., Wednesday, June 17, 1981
in the Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak. You are being
notified because you are either the property owner of the above-referenced lots; or
an owner of property within 300 feet of the above-referenced property. This will be
the only Public Hearing before the Planning and Zoning Commission on this petition,
and you are invited to appear and voice your opinion. If you cannot attend, you may
submit a written opinion that can be read into the minutes of the Public Hearing.
If you would like to comment oil 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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moPz*ALL,osonoE s.a JOY L
3241 57rx AVE S.W.
SEATTLE WA 98116
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KODIAK ISLAND BOROUGH
LsASss/rsLTow Cowornuc'
P.O. BOX 1225
KODIAK ox 99615
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HOEN,CYRIL FREDERICK
P.O. BOX 332
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RouwSovzLLs,nowwELL & S
P.O. BOX 547
KODIAK Ax 99615
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LUCAS,CLARENCE & xoT*ER,w
P.O. BOX 857, USCG
KODIAK AK 99619
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onumm'LoVI% & JEANETTE L. ('. wAKsFIsLo, KELLY (
P.O. BOX 95* P.O. BOX 2706
KoozAK AK 99615 «o»zAx, AK 99615
n9004001070
ARNOLD,ARNOLD & WALTER (�
975 WALSEN ROAD
COLORADO SPRING co 80908
n9003070113
cnouos,ALLsw JR u,*sLsw
P.O. BOX 2001
KODIAK AN 99615
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%ponxz'ww & COLEEN K (( *wosnSow'nOaT W. & MARTHA . C
P.O. BOX 2421 p^o^ BOX 758 USCG
KODIAK AK 99615 KODIAK AK 9961.9
n900400/091
xzoo'o*onLsx & CONNIE
P.O. BOX 2163 `
KODIAK AK 99615
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KODIAK AN 99615
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KODIAK ISLAND BOROUGH
cTocxms��' DANIEL �� '��
P.O. BOX u7*a LsuJEs/wsLaonw CnwrTRUC. KODIAK AK 99615
KoozAx Ax 99615 L
EDWARD SINGLETON
BOX 2283
KODIAK, ALASKA 99615
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JAMES PRYOR
BOX 3031
KODIAK, ALASKA 99615
B ORN & ROSEMARY DAHL
BOX 1576 USCG
KODIAK, ALASKA 99619
MARCHIEL ' ---'— ----
BOX 1576 ,USCG
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KODIAK, ALASKA 99519
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THOMAS & LILA 5CHNANTE3
BOX 1911
KODIAK, ALASKA 99615
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BOX 427 USCG
KODIAK, ALASKA 99619
RICHARD & CAROL LATHER
BOX 1576 USCG
KODIAK, ALASKA 996I9
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HOLM/NORMAN & DOROTHY
P.O. BOX 365
KODIAK AK 99615.
WIL%ON,GARY &
P.O. BOX 2297
KODIAK
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DARLENE '
RANDOLPH,JOHN P.
P.O. BOX 414
KODIAK
( WA%SON,RUD
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PETER%EN,LAUREL A.
REVOCABLE TRUST
P.O. BOX 2066
KODIAK • AK 99615
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TURVEY, 'RICHARD PAUL
PETIT, PATRICIA ANN
BOX 3002
KODIAK, ALASKA 99615
MARSHALL, GEORGE & JOY
3241 57th AVENUE S.W.
SEATTLE, WASHINGTON 98116
FELTON CONSTRUCTION
BOX 1225
' KODIAK, ALASKA 99615
WAKEFIELD, KELLY
BOX 2706
KODIAK, ALASKA 99615
CROUSE, ALLEN JR & HELEN
BOX 2001
. KODIAK, ALASKA 99615
ANDERSON, ROBERT & MARTHA'
BOX 758 USCG
KODIAK, ALASKA 99619
DRUMM, LOUIS & JEANETTE L. SKAFLESTA4-KOLBJORN & JAN
BOX 954
' BOX 705
KODIAK, ALASKA 99615 KODIAK, ALASKA 99615
ARNOLD, ARNOLD & WALTER
975 WALSEN ROAD
COLORADO SPRING, CO 80908
SPARKS, WILLIAM & COLLEEN
BOX 2421 '
KODIAK, ALASKA 99615
KIDD, CHARLES & CONNIE
BOX2163
KODIAK, ALASKA 99615
STOCKDELL, DANIEL
BOX 2748
KODIAK, ALASKA 99615
HOEN, CYRIL-FREDRICK
BOX 332
KODIAK, ALASKA 99615
ROUNSAVILLE, DONNELL
BOX 547
KODIAK, ALASKA 99615
• WELBORN CONSTRUCTION
BOX 634
KODIAK, ALASKA 99615
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EDWARD SINGLETON
BOX 2283
KODIAK, ALASKA 99615 •
JAMES PRYOR
BOX 3031
KODIAK, ALASKA 99615
BJORN & ROSEMARY DAHL
BOX 1576 USCG
KODIAK, ALASKA 99619
MARCHIEL & IRENE RICHBURG
BOX 1576 USCG
KODIAK, ALASKA 99619
.THOMAS1 LILA SCHWANTES
I BOX 1911
I KODIAK, ALASKA 99615
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LUCAS, CLARENCE & KATHERYN I BILLY J FRANKLIN
BOX 857, USCG t BOX 4271USCG
KODIAK, ALASKA 99619 II KODIAK, ALASKA 99619
( )RICHARD & CAROL LATHER
BOX 1576 USCG
KODIAK, ALASKA 99619
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BOX 365
' KODIAK, ALASKA 99615
WILSON, GARY & DARLENE
• BOX 2297
KODIAK, ALASKA 99615
RANDOLPH, JOHN P.
BOX 414
H KODIAK, ALASKA 99615
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WASSON, RUD
RR2 BOX 94C
GRAND FORKS, _ND. 58201
WASSON, MARLENE
RR2 BOX 94C
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PETERSON, LAUREL A.
BOX 2066
KODIAK, ALASKA 99615
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