FY2007-39 Disposal of Borough Land - Tracts BKODIAK ISLAND BOROUGH
RESOLUTION NO. FY2007 -39
Introduced by: Manager Gifford
Requested by: Manager Gifford
Drafted by: Planning & Zoning Com.
Introduced: June 7, 2007
Adopted: June 7, 2007
A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY DECLARING AN 84.38
ACRE PORTION OF BOROUGH LAND, DESCRIBED AS TRACTS B1, B2, B3 AND
B4 -A, BELLS FLATS ALASKA SUBDIVISION AS SURPLUS TO BOROUGH NEED,
AND AUTHORIZING THE BOROUGH MANAGER TO NEGOTIATE DIRECTLY
WITH THE PETITIONER FOR A DISPOSAL OF BOROUGH LAND BY
LEASE FOR FAIR MARKET VALUE
WHEREAS, KIB Code 18.20.120 allows the Borough Assembly to authorize the Borough
Manager to negotiate directly with parties requesting a disposal of interest in Borough land; and
WHEREAS, KIB Code 18.20.060 allows citizens to apply for a disposal of interest in Borough
land; and
WHEREAS, KIB Code 18.60.010 allows the Borough Assembly to approve contracts for the sale
of "materials" owned by the borough; and
WHEREAS, KIB Code 18.40.010 allows the Borough Assembly to establish specific leasing
procedures by resolution; and
WHEREAS, the Planning and Zoning commission, after holding a public hearing on the request,
determined by resolution that Tracts B1, B2, B3, and B4 -A are surplus to borough need and
recommended a disposal by lease for fair market value subject to certain stipulations that are
recommended that the Assembly include in the proposed lease agreement to meet certain
planning and community objectives;
NOW, THEREFORE, BE IT RESOLVED, BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT
Section 1: That an 84.38 acre portion of borough land described as Tracts B1, B2, B3 and B4 -A,
Bells Flats Alaska Subdivision is hereby declared surplus to the borough's need and authorized
for disposal to the petitioner Brechan Enterprises, Inc., by lease for full and true market value for
the purpose of resource extraction.
Section 2: The Assembly, in accordance with KIBC Title 18, hereby authorizes the Borough
Manager to negotiate with the petitioner, Brechan Enterprises, Inc., for a short-term lease, which
includes a material sales contract, with similar terms and conditions as in the current lease and
other relevant provisions of KIBC Title 18. The short-term lease and materials sales contract will
be presented to the Assembly for their approval.
Section 3: The Assembly, in accordance with KIBC Title 18, hereby authorizes the Borough
Manager to negotiate with the petitioner, Brechan Enterprises, Inc., for a Tong -term lease, which
includes a material sales contract, in accordance with relevant provisions of KIBC Title 18. The
long -term lease and material sales contract will be presented to the Assembly for their approval.
Section 4: The Assembly hereby acknowledges the stipulations that were recommended by the
Planning & Zoning Commission and request the manager to consider these items during the
negotiation of the long -term lease.
Kodiak Island Borough, Alaska Resolution No. FY2007 -39
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1. A reclamation plan, subject to approval by the Assembly, shall be developed in the
initial five (5) year lease period as part of this disposal to provide for the reclamation
of the lease area at the time resource extraction activities are to be concluded. The
process of reclamation should be phased in over time for areas no longer subject to
active extraction activities.
2. The lessee is required to coordinate with the appropriate regulatory agencies with
regard to extraction and reclamation activities to ensure compliance with existing
regulations affecting the extraction use and the potential impact of that use on
surrounding habitat and residential areas.
3. The minimum extraction depth of the existing lease agreement will be restated in a
new lease agreement as a maximum extraction depth subject to Assembly approval
through lease negotiation.
4. A hydrologic plan be developed for this site and be revisited on a regular basis
through the terms of the lease.
5. The lease shall be for a period of five (5) years with two three (3) year renewals at the
discretion of the Assembly.
6. The Assembly may permit a "temporary lease" of the lease area, under the provisions
of the existing lease agreement, for a period not to exceed six (6) months from the
normal expiration of that agreement on June 30, 2007, in order to allow for the full
negotiation of a successor lease agreement. Should a lease agreement not be
approved by the Assembly after this time, extraction operations will cease after
December 31, 2007 and the demobilization requirements of the existing lease
agreement for the site will be in effect at that time.
7. Hours of operation (per Brechan Enterprises, Inc. letter March 1, 2007) shall be 7
a.m. to 7 p.m., Monday through Saturday, with no work on Sundays.
8. The buffer zones, laid out in the Brechan Enterprises, Inc. letter dated March 1, 2007,
shall be maintained and kept in a topography that blends smoothly into the
surrounding area.
9. All prudent efforts shall be used to minimize the noise level during operations.
ATTEST:
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SEVENTH DAY OF JUNE 2007
Kodiak Island Borough, Alaska
, Borough Clerk
KODIAK ISLAND BOROUGH
,(
Jerome M. Selby, . er-M
Resolution No. FY2007 -39
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