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BELLS FLATS BK 2 LT 1A - ExceptionBorough Assembly Meeting - March 5, 1970 Page 3 Mk. Clowes suggested that Kcdiak should du as has been done in other states, a taxing of automobiles,. the pruchase of stickers for all autcmobiles on Kodiak and the money would be used in the Schcol District. This would help relieve the property owners of the greater tax load. The Borough Clerk was asked to check thj - with the Borough Attorney to see if something on this order-Might be possible. Mt. Craig brought out the point that most new schools are built with a 40% level of efficiency and we are building one for 70 or 80% efficiency. We will be using most of the school right away. The question as raised concerning the current drop in the school enrollment and it was explained that this was usual for this time of the year and that in the spring the enrollment will again increase. There will be an increase., next year due to the estimated 200 students that will be coming in for the Boarding school. Mr. Sutliff moved for approval of Stage I of the'PrdEosed Design of Additional High School Facilities as presented by Crittenden, Cassetta Wirum and Cannon, seconded by Mr. JAOkson, motion passed by unanimous roll call vote. D. List of PotentialBuyers For Proposed Land Sale at Chiniak - This list had been forwarded to Mt. Roy Eckland and contained fifty-three names, with the possible - addition of another 35 more or less, of person S interested in purchasing land in , the Chiniak area. The Eorough Assembly indicated no objections to this sale and requested t!-..at the Borough Chairman explore the possibilities of getting this *. land up for sale in the near future. Mr. Jackson voiced the opinion that the Borough should sell large parcels of land and allow the individual to subdivide rather than the Borough. E. Letter from Division of Lands re ADL 37348 Spedial Land Use Permit , Kodiak Land Company - SargentS Creek,Bells Flats. The letter was read indicating that conditi I exist at this site that would require major cleanup and that there was evidence that materials were being taken from the creek bed. It was recommended that the •, , permit be closed out and the site restored to,tile original state. As members of the Kodiak Land CoMpany were not present to discuss this the Borough Clerk suggeS1 that this be tabled until the interested parties could be present. ii- Sutliff -_::vednatts 1 bet=edl . the perSorioric:uld be present, ldw. =rnc 1pa=cy olzivot VI PUBLIC HEARINGS - NONE VII PLANNING & ZONING ITEMS A. Presentation of:Proposed Zoning Oddinance NO 70-1-0; It was noted that the. ordinance has ben received by the Assembly alorig-ialith a letter from Research Developers who have reviewed the ordinance and suggested changes, the majority of which have been incorporated into the proposed ordinance. SIII OLD BUSINESS - NONE IX NEW BUSINESS A. Ratification of Appointment of Civil Defense,CCordinators. The Eorough Chairman has appointed the positions of City Manager, Chief of Police to act as Civil Defense Directdk and Kodiak Conaunity Coordinator; such positions being held at present by R. A. Jones, Acting City Manager !and Jack Rhines, Chief of Police; Tony Perez has been appointed as Kodiak Island Defense awrdinator. Mr. Sutliff,' moved for ratification of the appointment of these individuals as Civil Defense, Coordinators, seconded by Mr. Jackson, motion passed by unanimous roll call vOte. • X CHAIRMAN'S REPORT - NONE XI ASSEMBLY COMMIS A. Mt. Jackson indicated that he felt other avt?ndes t_if revenue should be explored,,,, he was in favor of income tax or resnlirrc tax or any way that would help the tarn situa4ion. XII AUDIENCE COMMENTS A. Mr. Large re Kodiak Land Company, Bell's FlatS - It was pointed out that the Kodiak Land Cappwly_might not be responsible for the condition of the site there,- could be other people ihvcalrecl. B. Mr. Fields - As a oemtpr of the Cattleman's Association, was indicatingaint4 in the purchase Of the land which is now under lease by the Association, in Order ,••• SLITE alf DEPARTMENT 'OFd NATURAL RESOURCES Fl 1/7 .J\ Mr. Wilton White Chairman Kodiak Island Borough P. 0. Box 1246 Kodiak, Alaska 99615 KEITH H. MILLER, GOVERNOR 323 E. 4th Avenue DIVISION OF LANDS i 7FHK- ANCHORAGE 99501 Fet%'ruary 9, 1970 Island Borough KODIAK, ALASKA re` is it, yrt ; t, zi RE'. ADL 37348, Special Land Use Permit t. - Dear Mr. White: The Kodiak Lehd Company has requested a renewal of their special land use permit for a plant site for processing sand and gravel on Sargent Creek in dells Flat. The past permit expired on October 9, 1969; however, the case was not closed pending a field inspection. Our inspections on January 5, 1968 and again on June 19, 1969, revealed a condition existing that would require a major cleanup prior to termination. There exists on the premises old truck bodies, discarded junk,.over 100 used barrels, dozer blades, etc. This con- dition was still found to exist on January 264 1970. It is also evident that materials are being removed from,,the Sargent Creek flood plain at the site. This is without authorization. The subject land is within the Kodiak Island Borough selection, and any action toward issuing a new permit will require assembly action. This may be the time to require the operator to move into the borough's withdrawn land near the highway that have been specifically set .0 for . material sites. If operations are allowed to continlle at the existing site on Sargent Creek, we would recommend a $5,000 to $10,000 liability bond be required. It is our recommendation that the permit be closed out and the site be restored to a condition similar prior to their entry. Sixty to ninety days may be required`to clean up the area in a suitable manner. Your recommendations are requested prior to taking any further action on this request. DPT:pw Yours truly, F. J. KEENAN, Director By: Dale P. Tubbs ' Southcentral District Land Manager. Located 28 and 2 Not in Burough in Bell , -T9wfi44)(;'€e‘'47:er 44(-4-‘;Via: 9, South 'ange•20 West L4nds s.e1,-`• ted by bf Korb . s Fla TRACT 9,542.8 ACRE NAVAL 5TA 0 NGE AR a�� i n 688 AC2E5 2 as •.� wr., r 3,925 KODIAK LAND CO., Inc. Box 826 KODIAK, ALASKA Metes and Bounds description as shown of the map, which is attached is as follows: 500 feet Northwesterly from the Northeast end of jack Lake, on a line toward the Southeast corner of the concrete foundation of a building known as Sargent's Creek Pumping Station (shown on the NSCG Quadrangle Kodiak C-2) to corner #1, and the place of beginning of the Kodiak Land Company Special Land Use Permit. Thence 1320 feet Southwesterly and generally paralleling the right bank of Sargent's Creek to corner #1 of,said Land Use Permit, thence 330 feet Northwesterly to a point to be known as Corner #1 and place of beginning of this gravel permit, thence 2640 feet Southwesterly to Corner #2, thence 90 degrees Northwe.;Steay 660 feet to Corner #3, thence 2640 feet Northeasterly generally paralleling the left bank of Sargent's Creek to corner #4, thence Southeasterly 660 feet to Corner #1 and the place of beginning. Said Parcel containing approximately forty (40) acres, which includes the main stream bed of Sargent's Creek for the full length of the claim and ad- joining the Kodiak Land Company Special Land Use Permit JO: 5/21/ 7 RE: KODIAK LAND CO. BORROW SITE AND PLANT (TRADE AND MFG) SITE IN BELLS FLATS Far as I can see, there's nothing we can do with this until we receive their official application. I've already explained to them what has to be done (see ltr in case file). The only thing is, will the Assembly have any objections to begin with, since the present plant site is a long way from Tract A where all the other borrow sites are, or will they go along with it since Kodiak Land Co. does have sort of grandfather's rights where they are now. Should we have PK and the Assembly approve the location in general before George goes thru the formal application process? -;t7 atfte44- Ateeateetie Realty S George H. Cornelius, Broker BOX 484, KODIAK, ALASKA Member National Association of Real Estate Brokers APPRAISALS—HOMES----BUSINESS PROPERTIES—LAND—LIFE INSURANCE—LISTED SECURITIES May 14, 1969 Mrs. Joe HADJU Chairman Kodiak Island Borough Kodiak, Alaska= Dear Mrs. HADJU: I happened to notice a paragraph in the Minutes of a Borough Assembly meeting of several meetings ago, in which appeared a paragraph indicating that Kodiak Land Company would no longer be requiring their trade and manufacturing site located in the Bell Flats area. This is to inform you that Kodiak Land Company has paid the 1969 leasing fee to the State of Alaska as required by contract, and has no intentions of relinquishing rights to the area. Please incithis letter as a part of the Borough Assembly meeting as Kodiak Land Company has plans for a development in that area. George H. COR LIUS GHC:JF cc: Mr. Ed BOYKO Anchorage, Alaska K o di ak 1 =;1.asi d boro gt, KOMAK, ALASKA 1959 Nt L. Real Estate in All Its Branches (—)2 e2-1, , April 3, 1969 Mr. George Cornelius Kodiak Land Co. Box 484 Kodiak; Alaska Dear George: I have checked with Jo, and in order to move your borrow site to a location adjacent to your plant site in Bells Flats, it will be necessary for you to follow the procedure outlined in the attached copy of Borough Ordinance 68-6-0, which provides for borrow leases. Further, in order to obtain a lease with the Borough on your plant site, it will be necessary for you to follow e procedure outlined in the attached copy of Chapter 6 of the orough Code concerning Dieposal of Real Proper If you have any que do not hesitate to /s tncs. (2) applis tions, please Sally Hendrix Clerk/Treasurer 4/2 Jo and Norma: Re: KODIAK LAND-00-.—BORROW-SITE-(_NOW LOCATED_JUSJ OUTSIDE OUR SELECTED LAND KW IN BELLS FLAM KODIAK LAND CO. PLANT SITE (NOW LOCATED INSIDE OUR SELECTED AREA r-si Talked to George Cornelius this date (he represents Kodiak Land Co) and he said that they wish to go through with their request to move the borrow site next to and south of the plant site (see attached correspondence). They also wish to renew their lease on the plant site. It expires this spring, and Mr. Waller had previously stated that they would not ask for renewal. The present lease is with the State. I assume that since this lies within our selected area, that they will have to apply for a lease with the Borough. The zoning is OK since an exception was previously granted for a plant site in that location. For the moving of the borrow site, they'll have to go thtu the procedure required in the borrow site ordinance, right? tY7 Shall we address a letter to them requesting that they submit applications per the borrow site ordinance and the lands ordinance? KODIAK TRIAND BOROUGH ' ASSEMBLY DING June 6, -,68 VI. PUBLIC HEARINGS A. 2nd Reading & Public Hearing - Ordinance 68-10-0 re: loan to School Board Account of $38,093.00. The Borough Chairman read Ordinance 68-10-0. Nts. Springhill made emotion to adopt the Ordinance as read at the 2nd reading, seconded by Mr. Arndt. Meeting was recessed and opened for Public Hearing. There were no cements. The meeting was then reconvened. Motion carried unanimously by roll call vote. VII PLANNING & ZONING NONE VIII OLD BUSINESS A. Exception for Sanitary Fill Site at Monashka Bay (ase 199-A). After a review for exception for the Sanitary Fill Site and Monashka Bay it was moved by Mrs. Springhill that the Borough approve the action of the P & Z granting the exception of the Sanitary Fill Site at Monashka Bay (Case 199-A), seconded by Mr. Barr. Potion carried unani- mously by voice vote. After further discussion, the motion was again confir7ed and' approved. B. Property conveyance to Port Lions - Res. 68-15-R. There was no discussion. Mr. Barr Moved to adopt Res. 68-15-R and seconded by Mr. Arndt. Motion carried unanimously by voice vote. I: C. Kodiak Land Company request for change in Plant Sine:, Lease. It was requested by Mr. Pip that since the necessary papers were not available, the item be removed from the Agenda and tabled. D. Reconsideration of Water Resources. Since the City Council did not see fit to contribute to the USGS Water Resources, it was brought tp tje Assembly for reconsider- ation for their action. It was stated by Nts. Springhill that the City had already spent a lot of money on water resources in the past and they felt that it was not a wise ex- penditure at this time. It was also noted to the Assembly that the City felt that the , water was needed now and not in five years, and that they would not want to spend the money on shuch a long range plan. It was stated by Mr. Madsen that the City council felt the proposed rivers such as Buskin River, Russian River, and Sargent Creek could not benefit the city because of being too far away from the city itself. Mr. Barr said that to the best of his knowledge no dtudy of water resources had ever been made by the city. It was moved by Nr. Barr and seconded by Mts. Springhill that the Chairman write the USGS to Borough Assembly was not able to convice the city that a lOng range plan sl:udy is necessary, and inasmuch as the study would be primarily beneficial' to them there shall be no further action on the part of USGS that might involve expense' to the Borough. Mr. Barr stated that the minutes should reflect that the city action is very ill advised and that he feels we need this study and need to know where water is Mbtion carried by roll call vote. Yes No Jo Hajdu Don Arndt Jim Barr Mrs. Springhill IX NEW BUSINESS A. SAmuel and Oliver Selvog re: additional extension of payment: Miller Point Blk 7 Lot 1 1st addition - Blk 10 Lot 6-1st addition. Mt. Best read the letter from Mr. Samuel and Oliver Selvog requestin g an additional extension of payment on Blk 7 Lot 1 ;st add- ition - Blk 10 Lot 6 1st addition. It was moved by Mr. Barr and seconded by Mts. Spring- hill that the Borough Assembly grat the 60 day additional extension for payment of Samuel and Oliver Selvog. Notion carried unanimously by voice vote. B. R. est for extension of .anent for Kenneth Forster re: Miller Point Lot 6 Blk 5 1st addition. A letter was read by the Borough Chairman regarding the request folr an extension of payment from Mr. Fbrster. Mrs. Springhill made a motion to grant a six months extension of payment with the stipulation that only one lot be involved. It was seconded by Mt. Barr. Motion carried unanimously by voice vote. C. Future Site for Chiniak School. A map of the prosposed site was shown to the - Assembly members. It was stated that the Borough designate this area as the future site of the chiniak School. Nr. Madsen said a resolution changing the zoning map would have be drawn up. Mts. Springhill made a motion to authorize the preparation of having a. Resolution drawn up changing the zoning map to designate this particular site. It was seconded by Mr. Barr. Motion carried by voice vote unanimously. SAND BOROU NORTH TO THE FUTURE IN 1967 (Th, KODIAK LAND CO., Inc. June 3, 1968 Kodiak Borough Assembly Mr. Sam BEST, Chairman Kodiak, Alaska Box 826 KODIAK, ALASKA For a period of several years the Kodiak Land Company has had a Gravel Permit #ADL 22333 in the Bells Flat's area, and have dealt first with the U. S. Government and then the State of Alaska on purchase of gravel during this time. The Kodiak Land Company has also held a Special Land Use Permit #ADL 37348 within the boundary of the gravel claim for a manufacturing site. At the present time an asphalt batch plant occupies this site. Both sites are located on Sargents Creek at the upper end of a small valley against Cope Mountain, and are of no use as a residential area. The original gravel permit cosisted of an area of approximately 900 acres. Then the State 'of Alaska was of the opinion that this area needn't be that large and issued a gravel permit which, through misunderstanding does not join the manufacturing site. In order to make these two areas workable the Kodiak Land Company hereby requests the gr-a*el permit it now holds to be relocated to join the manufactur- ing site. There would be considerable expense involved relocating the asphalt plant, and manufacturing site to the vicinity of the present gravel Claim. Acc- ording to the operators of the asphalt plant, approximately two (2) months would be required to relocate the plant in another location. The forced shut-down of the plant would delay the paving scheduled for this construction season. Therefore, the Kodiak Land Company requests the relocation of their gravel claim to the location shown on the attached Plat, together with the metes and bounds description. Very Tru y YoursAw Geh-411"-- A. WALLER President lb KODIAK LAND CO., Inc. Box 826 KODIAK, ALASKA June 3, 1968 Mr. Sam BEST Assembly Chairman Kodiak Borough Assembly Kodiak, Alaska Dear Sir: The undersigned hereby requests that the attached application be placed on the Agenda of the Kodiak Borough Assembly for its meeting of June 6, 1968. Very truly yours, Joh, . WALLER President KODIAK LAND CO., Inc. Box 826 KODIAK, ALASKA May 31, 1968 Mr. Julian LONGORIA Anchorage Asaphalt Paving Co. Inc. , 5835 East Tudor Road Anchorage, Alaska Dear Sir: This is to inform you that gravel used by your concern and taken from the Kodiak Land Company Gravel Pit Area must be taken from that area which is within the Kodiak Land Company's permit Area. Sincerly, Jd�A. WALLER Pres iderit DECISION April 17, 1968 RE: REQUEST FOR EXCEPTION FOR BORROW SITE (INCLUDING GRAVEL SLUE AND PLANT SITE) IN CONSERVATION ZONE IN BELL'S FLATS BY KODIAK LAND CO. (CASE 200-A) At their meeting on April unanimously to grant this These areas have been Land Co. 10, 1968, the Planning and. Zoning Coirtmission voted exception for the following reasons: . historically used as a borrow site by the Kodiak 2. Gravel ±s necessary for the, use of, the community. 3. This use will not endanger public health, safety or welfare, or be inconsistent with the general purposes and intent of the Kodiak Island Borough Zoning Ordinance. a' ./...9n Wailer, Chairman anning and Zoning Commission odiak Island Borough 01 TO ROY FROM "ODIAK ISLAND BOROUGH P. 0. BOX 1246 KODIAK, ALASKA 99615 SUBJECT: EXCEPTION FOR KODIAK LAND CO. BORROW SITE FOLD DATE: 5/10/68 Please review this file and make sure everything was done correctly. Thanks PLEASE REPLY TO SIGNED Sally 071,1, s 2.13 e‘h RETURN THIS COPY T SENDER • KODIAK ISLAND BOROUGH PLANNING & ZONING conassioN MEWING - April 10, 1968 I CALL TO ORDER The meeting was called to order by Chairman Waller at 7:35 pp.'m. in the Magistrate's Courtroom, Donnelley Building, Kodiak, Alaska. II ROLL CALL Present John Waller, Chairman Ed Haney Mrs. Edith Lcngudre Harry t.iallace John Welch Absent Ernie Brothers Also present: Sam Best, Borough Chairman; Jim Stansbury, Building Inspector; Howard Keiser, Sanitarian; and approximately 7 people in the audience III 1/INUTES OF PREVIOUS heiLLMTG - 3/27/68 Mr. Haney moved, seconded by Dir. Welch, that the minutes be approved as written. VOtion carried by unanimous voice vote. IV ClirrER ivaNurEs A. Assembiy - 4/4/68. There were no ailments. V CO • *am •.•AIDEN - PEOPLE SO BE IMAM A. Letter from Elmer Gagnon re fleeting with P&Z on April 24. Letter and Mr. Best's reply were read for information only B. Letter from John Chapman of Txyck, Nyman and Hayes re Meeting with P&Z. Letter and Mr. Best's reply SaElhg uate for April 24 were read for information only. A. Pequest for Amendment to Resubdivision - Leite Addn Elk 1 Lots 3, 17 and 18 -7: Ecklund, Benson, Foster and Crow (Case 193-A). The case was reviewed and plat studied and discussed. Mr. Haney moved, seconded by Mr. Welch, that the plat be approved subject to the Engineer's approval. The meeting was recessed and public hearing opened. There were no comments, and the hearing was closed and meeting reconvened. Motion carried by unanimous roll call vote. Request for Exception for Gravel Site Leased to Kodiak Land CO. in Bells Flats - Assembly (Case 200-A). Mr. Waller cannented that this site was in existence before the incorporation of the Borough. 1r. Best stated that ale.mgh the Carmission previously approved this special land use a public hearing was over- looked and is technically required. Pr. Wallace moved, seconded by Vk7. Haney, that the exception be granted. Meeting was recessed and hearing opened. Mr. Cornelius, in the audience, stated that the site was established in 1954 and is located outside of the land selected by the Borough. He asked why it is subject to Borough restrictions. Mr. Waller explained that the whole island is part of the Borough and subject to Borough regulations, even though the ].aid is not owned by the Borough. Mr. Cornelius asked if this hearing were merely: a technicality, and Mr. Waller replied that it was, since both the Commission' and the Assembly previously approved this special land use. Mr. Taylor from the audience stated that he had applied ' for an exception in Bell's Flats but was told that he could not apply' for a rezoning or an exception until he owned the land involved. He asked how this exception could be applied for, since the land is not owned by the Kodiak Land Co. hr. Waller replied that this land has been under the contra of the Kodiak Land Co. for as long as the Borough has been in existence and is under a formal lease from the State. Mn, Taylor did not think that a lease was sufficient. Mt. Waller advised him to take this matter up with the Borough Attorney. There were no other comments and the hearing was closed and meeting reconvened. Motion carried by unanimous roll call vote. The reasons given by the Commission for the decision to grant the exception were that this pro.- has a historical use as a gravel site; it will not - er public health safe or we fare; gravel is a ne asity for the community. VI PUBLIC HEARINGS e n Nor= OF PLANNIMG . &, ZONING O TAISSIC 3 S1EETING NICE IS GIVEN 'MAT THE. PLANING & ZONING CJOOMISSION OF KODIAK ISLAND BOPOUG3 WILL HALE - ITS REGULAR NI IN G AT 7 : 30 P.M. CST WEDNESDAY APRIL 10, 1968, .I IN THE COURTRO011AT THE DONNELLEY BUILDINiG. PI234.TC HEARINGS IA ILL BE HELD— ON THE ADEN C N UDR BORRCW SITE IN ©DNSERVATION BY BOROUGH ASSEMEILY EXCEPTION FOR SANITARY FILL • Silt MCDUFS iKA BAY REQUESTED BY BO PUR7 TGH • APRII, . 3, 1963 CV • in .'. F 1 at T • i is leaked fran rho State by r.r 1 i zOugia tcctle.st. . %.'ai itiat the is 'Copies To Kodiak Land;Co., Box 826, Kodiak Dean Taylor and E..Brasie, Box 2146, Kodiak, State,Dept; of ,Highways, Box 1467., Juneau,'. 99801 , Capt. JamesSpargo, Commanding Officer, U.S. Naval Station, Kodiak Bureau of Land Management, 555 Cordova St., Anchorage State Division of Lands, 344 Sixth Ave.., Anchorage • PLANNING & ZONING COMMISSION - March 27, 1968 3 hr. Wallace - No He feels that 'he is on the Commission to represent the people and he thinks that the people do not want the area rezoned. He thinks that the reason the lots have not sold is that the prices tripled overnight. He does not think that the area should be rezoned t R-3 because it wouI0keep the assessinents and. txesbigh Mr. Welch - No. ilk. Welch felt that the area should be left R7-2 since this is the desire of the property owners. Their desires should be considered since they are old-timers. Mr. Wailer - No. He felt that the majority of the property owners are against the rezoning. The motion failed and it will be recommended to the Assembly that the area not be rezoned. B. Request for Vacation and Replat of TOwnsite Blk 3 Lots 10 and 11 - Brechan and Bean (Case 60-C). ht. Haney moved, seconded by Mr. Welch, that the vacation and replat be approved. The meeting was recessed and the public hearing opened. The petition for vacation and replat was read. The approvals of the Borough Engineer and KEA, were read. There were no other comments. The hearing was closed and meeting reconvened. Motion carried by unanimous roll call vote. VII ZONING ITEVS - PRELIMINARY REVIEW - None VIII SUBDIVISIONS, PRELIMMRY - None IX SUBDIVISIONS, FINAL - None X OLD BUSINESS 11-- AL. Recommendation from Assembly re Public Hearing for Exception for Gravel Sites' in Bells Flats. The recommendation was read requesting that this public hearing be held under Section 11-A of the Zoning Ordinance. This request was based on the Borough Attorney's advice that a hearing would be necessary. It was reported that the Borough Chairman had called from the State Division . of Lands and asked that the hearing be held on the Kodiak Land Co. site only., Mr. Mallacemoved, seconded by Pin Haney, that the hearing be scheduled for the next meeting. Motion carried by unanimous voice vote. Recommendations from Building Inspector and Sanitarian re Request fran Kodiak Disposal co. to Incinerate Garbage. The recommendations were read stating that the proposed incinerator would not meet the necessary requirements. After some discussion, it was agreed that Mk. Stover should discuss this matter with the Sanitarian and Building Inspector. c' C. Recommendation from Assembly re Public Hearing for Exception for Sanitary Fill Site. The Assembly minutes of March 21 were reviewed, including their recammendation that the hearing be held by P&Z based upon advice from the attorney. Mr. Haney moved, seconded by Mr. Wallace, that the hearing be held at the next meeting. Notion carried by unanimous voice vote. XI PLANNING & STAFF ITEMB A. Memo from Secretary re USS 3219 Rezoning. Memo Wflead stating that the area was found to be zoned Unclassified on the original oning map, and that an error had been made in preparing the larger zoning map by showing this property as being zoned Cbnservation. The map will be corrected. XII AUDIENCE COPZIENTS A. Mr. Taylor of Bells Flats. Mk. Taylor had a question concerning the ordinance creating the Cbmmission and the Procedures adopted by the Commission. He was: referred to the Borough Attorney. Mk. Taylor asked the Building Inspector why a building had been moved from Bells Flats without a permit. The Inspector was unaware of this situation. Mr. Taylor stated that they were presenting a petition to Juneau to disband the Borough and the Planning and Zoning Caumission. Mr. Taylor also asked that it be made a part of the record that there is no property owned in Bells Flats, and that if there is any property owned there, it is owned by the Borough. P&Z FROM :` Assembly :- SUBJ: - GRAVEL SITES IN RFT ES FIATS `.March 27, 1968 At their meeting-on March. °21,'the Assembly requested• -that P &Z hold 'a public - hearing under Section 11 -k of t he Zoning_.Ordi_nance - on an - exception for- the gravel sites in Bells Flats. KODIAK ISLAND BO UGH ASSEMBLY k, March 21, 1958 I CALL 'DO ORDER The meeting was called to order at 7:45 pau. by Presiding Officer Jo Hajdu in the Magistrate's Courtroom, Donnelley Building, Kodiak, Alaska. II ROLL CALL Present Absent Sam Best, Lorough Chairman None Mrs. Jo Hajdu, Presiding Officer Don Arndt Jiro Barr- Don Bullock Mrs. Betty Springhill Also Presents, Doug Preston, Clerk; Ralph Valkama, Assessor; Roy Madsen Attorney; Jim Stansbury, Buildi ng Inspector; Howard Keiser, Sanitarian; Mayor Pete Deveau; City Councilmen Wilton White and Emil Norton, P&Z Members Ernie Brothers and John Welch; Ben Ardinger, Ordinance Committee Member; Sally Hendrix, Secretary, taking minutes; and approx. 25 people in the audience. III MIMES OF PREVIOUS MEETING - 3/7/68 Mk. Best made two corrections. The first sentence under V-B should state, the letter was read requesting permission to use the present dry dump site for the incineration of garbage. Item X-B should State, "The total acquisition cost would be approximately $75,000 plus replatting costs of approximately $1,000" instead of $2,220. The minutes were approved as corrected. • IV OTHER PENUIES AL. P&Z - 3/13/58. There were no comments. B. School Board - 3/11/68. There were no commebts. V CCEMUNICATIONS - CORMSPONDENCE PEOPLE TO BE HEARD A. Sig Strandberg, Local Government Specialist for Local Affairs Agency re Annexation. This it.em was tabled until later in the agenda due to the late arrival of Mr. Strandberg's plane. . Representatives from Bells Flats. Mr. Taylor and Mr. Brasie explained that they had applied to the Planning & Zoning Commission for an exception in Bells Flats to construct a bar on a temporary foundation until they own the land, and for a trailer park in the future. They intended to follow the building code for the bar except for the temporary foundation. The State Alcoholic Control Board told them that a license could be obtained even if the building were on a temporary foundation, as long as it was a platform and not skids. They have applied to the State for purchase of the land. They claim that they have the right to build on the property as the Chiniak people did, and the right to an open auction without veterans preference and with 120 days to remove their • improvements if they are unable to purchase the lots. It was pointed out that the Chiniak sale will not include Veterans Preference because the lots were classified Private Recreation by the State. Mk. Taylor and Mr. Brasie asked if an exception had been granted for the gravel sites in Bells Flats. Hr. Best stated that none had been, due to an oversight. Ns. Madsen reviewed the list of exceptions permitted after public rearing by P&Z under Section 11-A of the Zoning Ordinance. Gravel sites are included under the list, which cites development and extraction of natural resources, together with necessary buildings, apparatus or appurtenances. However, bars and restaurants are not included on the list. Therefore, a rezoning from Conservation to Business woad be regained for the bar. However, a rezoning application must be submitted by a property owner. An application with the State for ownership of the land woUld not be sufficient. A contract of sale is necessary. Then the application would be submitted to P&Z. Mt. Madsen also determined that a public hearing will be necessary under Section lleA of the ordinance for the gravel sites. The Assembly requested that PO hold this hearing. /- C. Letter from State Division of Lands re Future Land Selection. Letter was read stating that there are 1100 acres in ionasbka Bay with high potential for residential area as the Pillar Creek Road is exbended; recreation acreage in Chiniak for both public and private development; and portions of Larsen Island with possible private and public recreational sites, which are available for Borough selection. These areas have received tentative approval by the State and therefore are not subject to the Native Land Claims, Mrs. Hajdu asked if DEPARTMENT.. OF :NATURA Mr.. G. S. Best, Chairman Kodiak Island Borough P. 0. Box 1246 Kodiak, Alaska 99615- Dear Sam: La RESOURCES DIVISION OF LANDS -1 344 SIXTH AVENUE —ANCHORAGE 99501 - February, 29, ' 1968 In reply refer to: Anchorage Area Office Enclosed is additional informa ion on theKodiak Land Company Special Land Use Permit ". < /Note : the :following: items ; 1. Letter to %Waller with copies, to White. dated March\3, 1967 >, N . t, • Bureau of Land Management decision March 9, :1967' . Bureau, of Land Management decision April 12.,- ;1967- DPT /vml Enclosures ORTH TO THE FUTURE IN 19671 aclased is the drie inel, Arid one coy he above-captioned Special Lan:? Use ter Lt which has . bee; .c ecuted by thLe' »Lvis en. - - A recent field inspection of the site indicates .that, .in .the' past, materials hed been removed fron the ori.>nal permit area, wish to eke it clear r that' under w, circumstances does this Special Land Use Pont allow Lox_ the r oin 1 of materials, and a. continuation o£- such an act will result in the canc:el? etion, ef the per= appropriate action. If we may ' "tie os anY L :WASS: je'r. - Cnclosures - 2 cc: \ Kodiak Island 1 orouza asaista rce-. to you, please -is • Vel-y truly yours, to - tepo Fib. Officer, . November 20, 1967 Mr. Dale P. Tubbs Realty Officer State Division of Lands 344 Sixth Avenue Anchorage, Alaska 99501 Dear Nor. Tubbs: It is the Borough's desire that the attached applications concerning special land use by the. Kodiak Land Co., Inc. be approved with the noted stipulation, and that the negotiated gravel sale-application by the same people be approved subject to the amended legal description. The Borough has no intention .of selecting the land covered by the negotiated gravel sple.project, ADL-22333.' ,Sincerely, GSb /sh Encs. C. S. Best Borough Chairman zn ASSEMBLY VaTING - .November i6,1969 3 G. Copy of Letter from Public Service Commission to Karluk Land, Inc. re Certificate of Public Convenience and Necessity. Letter was read suggesting to Karluk Land, Inc. that they request that the area of their franchise be lessened. Mr. Best suggested that immediate action be taken on the appraisal and sale of the sewer line in USS 3469. Mr. Bullock moved that the staff take steps to contact the available engineering firms to submit estimates on the cost of the appraisal. Mr. Best explained that the firms could not submit such estimates, and that the Borough should choose a firm and negotiate with them. Mr. Barr suggested that he discuss this matter with Mr. Nyman and that they decide between them which firm will offer to do the appraisal. Mr. Bullock withdrew his original motion and moved instead that the Borough Chairman be instructed to net with both of the engineering firms to complete the arrangements for the necessary appraisal of the Karluk Land, Inc. sewer service. Motion seconded by Mr. Arndt and carried by voice vote with Mr. Barr abstaining due to financial interest. There was a ten - minute recess. H: Mr. Barr re Necessity of Being Placed en Agenda. Fr, Barr felt that ar_ycne wishing to epeak at the assembly meetings cn any matter which was nct included on the agenda should wait and be placed on the agenda for the followin g meeting, and that no requests to speak from the audience on a new subject be permitted. Mr. Bullock did not think that anyone should be denied the right to speak in this way. After some discussion, Mr. Barr moved that the Assembly not hear people unless they are on the agenda or have appealed the decision of a staff member. Motion seconded by Mrs. Springhill and failed by roll call vote as follows: Mrs.Hajdu - No; Mr. Arndt - No; Mr. Bullock - No; Mr. Barr -- Yes; Mrs. Springhill - Yes. VI PUBLIC HEARINGS VII A. Ordinance 67 -18 -0 Rezoning Monashka Bay Subdivision from Conservation to Unclassified (Case 170-B). The ordinance was read. Mr. Barr moved, seconded by Mr. Bullock, that the ordinance be adopted in the second reading. The meeting was recessed and the public hearing opened. There were no comments and the hearing was closed and meeting reconvened. f4otion carried by unanimous roll call vote. B. Ordinance 67 -19-0 Rezoning Townsite Blk 18 Lots 19 & 20 from Urban Renewal Classifica- tion of "Water Oriented Business to Borou• Classification of "Busieess" - Gottschalk Wilson, Ball and Owens Case 155 -D . The ordinance was read. Mrs. Springhill moved, seconded by Mr. Arndt, that the ordinance be adopted in the second reading. The meeting was recessed and public hearing opened. There were no comments and the hearing was closed and meeting reconvened. Motion carried by unanimous roll call vote. PLANNING & ZONING ITEMS A. Recommendation from P &Z re Request by Kodiak Land Co. for Borrow Site and Plant Site in Bells Flats. The recommendation and applicable minutes were read. Mrs. Hajdu asked why the Kodiak Land Co, was being given a preference for these sites. Mr. Best explained that a special use permit had been previously granted to them with the agreement that they would eventually be able to purchase the land. Mr. Waller stated that the agreement had originally been made in the late 1950's and that a considerable amount of money had been spent in finding the best aggregate and in putting in a road which had been left open to the public, although they did have the right to close the road. After further discussion, Mr. BArr moved, seconded by Mr. Bullock, that the land use permit for the plant site be approved with the condition that no additional land be cleared. Mr. Waller stated that this would be agreeable. Mr. Barr added to the motion, with concurrence by Mr. Bullock, "that no additional land be cleared without prior approval of the Borough Assembly." Motion carried by unanimous voice vote. It was felt that it would not be worthwhile to select the area of the gravel sale. Mr. Barr moved, seconded by Mr. Bullock, that the Borough Chairman direct a letter to the Division of Lands indicating non- objection to the granting of the negotiated material sale within Sections 35 and 36, T.28S., R.21W., S.M., and further that the Division of Lands be informed that the Borough has no present intentions of selecting this land. Motion carried by unanimous voice vote. VIII OLD BUSINESS A. Promotion for Location of Oceanographic Center in Kodiak 1. Letter from Mr. Hedla re Budgeting. The letter was read. 2. Budget Proposed by Committee. The bIv get was available to the Assembly members. It was noted that this was a different budget than had been presented to the City Council. Nr. Best suggested that the Assembly offer funds to the Committee on a matching fund basis—that the committee raise money and the Borough match these funds on a fifty fifty basis up to an agreed amount of perhaps $5,000. Mr. Bullock stated that he understood that the City Council acted on a budget KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSLINI , ; November 8, 1967 I CALL TO ORDER The meeting was called to order at 7:35 p.m. iti -_ti Magist'ateos Courtroom, Donnelley Building, Kodiak, Alaska, by Deputy Chairman meson Waller. II ROLL CALL Present Absent John Waller, Deputy Chairman Arne Hansen Ed Haney Dal Valley . Harry Wallace John Weldh • Also presefit: Sam Hest, Borough Chairman; Jim Stansbury, Building Inspector. III PAS OF PREVIOUS MEETING -- 10/25/67 Mr. Haney moved, seconded by Mr. Welch, that the minutes be accepted as written. Motion carried by unanimous voice vote. IV Orl'HER MINUTES A. Assembly - 11/2/67. There were no comments. B. Comprehensive Planning & Economic Development Committee - 10/17/67. It was pointed out that the Committee would be discussing long -range zoning problems, while the P &Z Commission would be handling immediate problems. C. Hospital Board - 11/1/67. Mr. Haney asked why no helicopter landing pad had been included. Mr. Best stated that he had suggested to the Hospital Board that this be considered in the future, Mr. Haney offered to bring this up at the Lions Club. Mr. Best stated that if the hospital is expanded, it will be horizontally, and not by adding another story. It was suggested that inquiries on this be made to the State Department of Aviation and the Coast Guard. V CORRESPONDENCE - PEOPLE TO BE HEARD A. Letter from Dale Tubbs and John Waller re Kodiak Land Co. Material Sale Contract and Special Use Permit in Bells Flats. Mr. Waller disqualified himself due to financial interest in this matter. Mr. Best explained that he E discussed this with Mr. Sacheck. There are two sites involved, which ar onnected to one another. One is the plant site, which is inside the Borough selection, for which the Borough would receive saj i The other is the material site for 10,000 cubic yards of gravel. This s ou side th Bo ugh selection. The Borough could select the area in order to receive the $2 00 for the sale. The stipulations on the plant site agreement are to remove all equipment and restore the site to an orderly condition at the end of the contract. The stipulations on the material site contract are that any removal of gravel at a fishing site must be approved by Fish and Game; the land must be left smooth and any holes replaced; and the pits must not be deeper than 10 feet or the ground water table, whichever is least. The Borough could add any other stipulations they wish. Ce State said that they felt morally obligated to grant this contract for yearin order for the Kodiak Land Co. to come up with a firm survey for possible purchase of the land later on. After discussion and map study, Mr. Haney moved, seconded by Mr. Wallace, that it be recommended to the Assembly that they approve the contract for the sale of material per the amended legal description, and the contract for the plant site. Motion carried by roll call vote with 1Jr. Waller abstaining. Letter from Bill Sacheck re Navy Water and Sewer Line Problems Caused by Proposed Material Sale. The letter was read. Mr. Best explained that this has nothing to do with the previously discussed plant and material sale site, but involves another area that the State has proposed to set aside for gravel sales in order to take care of other requests that they have had. The parcels would be offered under an auction type lease for the material at a certain price per yard. The State has and is still inspecting the water and sewer lines in the area. It has been found that some portions might be used, but it would take considerable work to put them into working order. Some feel that they are not worth salvaging. These sites are within Borough selected land and the Borough would receive the funds from the sales. The sites are outside of the currently planned subdivision, but Mr. Waller felt that these would make good future building sites and these sales would destroy them. Two of the Commissioners were not familiar with the area. Mr. Welch moved, seconded by Mr. Valley, to table action on this matter until the next meeting in order to give the B. ASSEMBLY MEETING - November 2, 1967 C. First Reading of Ordinance 67-19-0 P9Zoning Townsite Blk 18 Lots 19 & 20 from Urban Renewal's Classification of 'Water Oriented Business" to the Boroughs Classification of "Business' - GottEzcilalk, Wilson, Ball and Owens The ordinance was read by title only. It was explained that this rezoning was necessary since the lots had Urban Renewal zoning but were no longer in the Project. Mrs. Springhill moved, seconded by Mr. Arndt, that the ordinance be adopted in the first reading. Motion carried by unanimous voice vote. D. Tentative Final Approval of Subdivision of Lot 14, USS 3100 - John Schreiner (Case 10-B). After a review of the case and a study of the plat, Mr. Barr moved, seconded by Mr. Bullock, that the plat be given tentative final approval. This will give Mr. Schreiner one year in which to complete the utilities or post bond for their completion. Motion carried by unanimous voice vote. VIII OLD BUSINESS A. Resolution 67-32-R Requesting Annexation of Units 1-4 of Kadiak, Alaska Subdivision Within USS 3469. The Resolution was read. Mr. Bullock moved for its adoption. Motion seconded by Mr. Barr and carried by unanimous roll call vote. B. Borrow Sites in Bells Flats. Mr. Best reported that the State had made a verbal agreement with the Kodiak Land Co. to permit them to continue their lease for two years, during which time a metes and bounds survey could be made in order to get the lease properly defined. The area does lie within Borough selected land, and so the Borough would receive any income from the arrangement. The area would be used only as P plant site for the processing of gravel, and no further gravel would be retoved. The map was studied. During discussion Mr. Barr suggested that the lease be extended for one year with the conditibn that no further gravel is removed. It was finally decided that this matter should receive a recommendation from P&Z before the Assembly takes final action. C. Attorney's Opinion on 'Taxes on Relinquished Lbts. The opinion was read stating that the taxes on thee lots will remain as a lien against the lots for the years that they were being paid on, and that there will be no further taxes against them after they revert to the Borough. The taxes will be collected from the new purchasers when the lots are re-sold. IX NEW BUSINESS A. Resolution 67-33-R re Hospital Constructibn. The resolution was read guaranteeing that explosive gases will not be used in the Emergency Room of the new hospital, since a conductive floor is not being included. Mrs. Springhill moved, seconded by Mr. Arndt, that the resolution be adopted. Motion carried by roll call vote as follows: Mrs. Hajdu - No Mr. Arndt - Yes; Mr. Barr - Yes; Mr. Bullock - Yes; Mrs. Springhill - Yes. B. Promotion for Location of Oceanographic Center in Kodiak. Mrs. Springhill reported that the City Council promised financial support for this purpose. They also suggested that the Borough share in this support. There was a discussion on how this could be accomplished. Mrs. Hajdu suggested that the purpose be changed to support of the Marine College and put into the Supplementary School budget. Mr. Barr suggested that Mr. Valkama be given comp time to work on the project. It was agreed that cash was needed more. Mr. Madsen suggested that the auditor be asked how best to arrange this. Mr. Valkama was requested to submit an estimate of how much will be required, and a letter of inquiry will be sent to the auditor. C. Report by Doug Preston and Ralph Valkama on Municiapl League Convention. Mr. Preston reported that he had been elected President of the Nominating Committee and Vice President of the Clerks Association. There was an informative discussion with bond people from New York, and Mr. Preston talked to the Borough bond attorneys. Mr. Preston pointed out Kodiak's lack of a brochure or booklet on Kodiak, since all the other cities had one. Mr. Preston also was a member of the State Legislative Committee, and one of the items discussed to be taken up by the legislature was the application of rules to'govern the Public Service Commission, since there are none at present. Mr. Valkama reported that the Assessors Conference had made two proposals to the League. The first was for personal property taxes to be paid on vehilces when they are registered. This proposal was rejected. The second proposal was for a real estate transfer tax consisting of a nominal sum which would make it compulsory for each sale price to be reported. This would be of great value in determining correct current market values, and the KODIAK ISLAND BOROUGH ASSEMBLY MEETING •- OCTOBER 19, 1967 I CALL TO ORDER The meeting was called to order at 7 :45 p.m. by Deputy Presiding Officer Jim Barr in the Magistrate's Courtroom, Donnelley Building, Kodiak, Alaska. Mrs. Betty Springhill, Assemblywoman appointed by the City Council, was sworn into office by Mr. Preston. II ROLL CALL Present Sam Best, Borough Chairman . Mrs. Jo Hajdu, Presiding Officer Don Arndt Jim Barr Mrs. Betty Springhill Also Present: Doug Preston, Clerk/Treasurer Jim Stansbury, Building Inspector; Emil Norton, City Councilman and School Board Member; Bob Childs, Hospital Board Chairman; and approx. 10 people in the audience. Sally Hendrix, Secretary, taking minutes. Nominations were opened for Presiding Officer. Mr. Arndt nominated Mrs. Hajdu. Mr. Bullock moved, seconded by Mrs. Springhill, that the nominations be closed and a unanimous ballot be cast for Mrs. Hajdu. Motion carried by unanimous voice vote. It was agreed that Mr. Pharr would remain Deputy Presiding Officer if it is found thht he was so elected permanently. III MINUTES OF PREVIOUS MEETING ; 10/5/67 There were no additions, corrections or deletions and Mrs. Hajdu declared minutes approve s written. IV OTHER MINUTES A. School Board 1. Regular Meeting - 10/9/67. Mr. Best read the portion of the minutes - concerned with the problems at the Larsen Bay School. Mr. Norton stated that all of the village schools need upgrading, and that a study is now being made for future budgeting of these improvements. Mr. Barr suggested that if any of these situations become emergencies, the School Board should approach the Assembly and request an interim solution. Mr. Norton stated thht none of the situations were yet critical enough to cause a school to shut down. 2. Special Meeting - 10/4/67 3. Special Meeting - 10/13/67 There were no comments. B. P &Z - 10/11/67. Mrs. Hajdu questioned Item X -B, concerning a request from Fred Brechan for an exception for apartments and a variance on Lots 18 -B and 18 -C, USS 3099. It was explained that a misunderstanding had occurred, and the request was for a setback variance only, and not an exception for apartments. V COM1UNICATIONS - CORRESPONDENCE - PEOPLE TO BE HEARD 1l Letter from Dale Tubbs of State Division of Lands re Request for Plant Site for Processing and Sale of Sand Gravel in Bells Flats by Kodiak Land Co. Letter was read, explaining that the Kodiak Land Co. had previously had an agreement for this site with BLM,.,but that the agreement had been cancelled when the State received tentative approval of the land. The terms of the proposed agreement with the State were read.. It must be decided whether the Borough will select this area or not, since it lies outside of the area which has_ already b,en selected. There was a question of whether any revenue received should not accrue to the Borough instead of to the State. After further discussiop, Mr. Barr moved, seconded by Mr. Bullock, that this matter be referred back to the Staff and to the P &Z Commission, and if it is necessary to protegt someone's rights, that a special meeting be held before the end of the month`to take action on the request. Motion carried by unanimous voice vote. A proper map must be obtained to locate the site. MEMORANDUM November 15, 1967 TO: Borough Assembly FROM: P&Z Commission SUBJ: RECO 1 1 aA'LLON CONCERNING KODIAK LAND CO. REQUEST FOR MATERIAL SALE AND PLANT SITE -IN BELLS FLATS At their meeting on November 8, the Commission recommended that the contract for the sale of material be approved, per the amended legal description, and that thecontract for the plant site also be approved. Details of the discussion are found in the attached minutes of November 8. S. Hendrix, Secretary KODIAK LAND CO., Inc. Box 826 KODIAK, ALASKA October 23. 1967 Mr. Sam BEST Chairman Kodiak Island Borough Assembly Kodiak, Alaska Dear Mr. BEST: Several years ago Kodiak Land Company obtained a manu- facturing site and gravel pit area from the Department of Interior Bureau of Land Management, on which a con- siderable amount of money has been expended for improve- ments and research. At the time of application and acquistion from the ''Federal Government, and due to the fact that the area was still con- trolled by the Bureau of Land Management it was the company!s belief that the manufacturing site, and the area from which we removed gravel would continue to remain under federal jur- isdiction. The areas that we applied for and was approved by the Bureau of Land Management has since been applied for by State of Alaska, and is approximately two miles southwesterly from the southerly boundry of lands requested by the Borough in the Bell's Flats area. In a letter dated March 3, 1967 the State Department of Lands, Mr. Roscoe BELL, states that Kodiak Land.Company.would be granted permission and preferen- tial rights the areas previously held under federal applica- tion for gravel and the manufacturing site. The location and legal description of the two areas are as follows, and do not conflict with lands applied for by the Borough. Gravel pit operation area Legal Description manufacturing site description: 500 feet northwesterly from the northeast end of Jack Lake, on a line towards the southeast corner of the concrete foundation of a building known as Sargent Creek Pumping Station (shown on USGC Quadrangle Kodiak C -2) to corner No. 1; and the PLACE OF BEGINNING; thence 1320 feet south- westerly and generally paralleling the right bank of Sargents Creek to corner No. 2; thence 90 °northwesterly 760 feet to corner No. 3; thence ]320 feet northeasterly generally para- lleling the left bank of Sargents Creek to corner No. 4;; thence southeasterly 660 feet to corner No. 1 and the PLACE OF BEGINNING. Said parcel containing twenty (20) acres which includes the main stream bed of Sargents Creek for the full length of the claim. KODIAK LAND CO., Inc. Box 826 KODIAK, ALASKA Mr. Sam BEST Page 2 (continued) Beginning at Corner No. 4 of U. S. Survey No. 2539 of the Kodiak U. S. Naval Reserve as accepted by the Com- missioner of the General Land Office on April 24, 1942; Thence West a distance of 600 feet; Thence North a distance of 3300 feet; Thence East a distance of 2012.67 feet more or less; to the boundary of said Naval Reserve; Thence S23° 10" 30' W a distance of 3589.65 feet along said boundary to the point of beginning; Thereby containing 99.0 acres more or less. The latitude of point of beginning is 57° 42" 001 N and the longitude is 152° 38" 001 W. Please verify to the State Department of Lands that the areas are outside the present land area requested by Kodiak Island Borough in Bell's Flats in order that Kodiak Land Company may complete their negotiations with the State of Alaska on the same basis as was previously done with the Federal Government as we would like to start operating the machinery as soon as possible. Sincere -Y doW6,- A. WALLER sident nc: TRACT B PLAT SET WALTER J. NICKEL, GOVERNOR DEPARTMENT OF NATURAL - RESOURCES DIVISION OF LANDS October 9, 1967 In reply refer to: Kodiak Island Borough Box 1246 Kodiak, Alaska. 99615 Gentlemen: 344 SIXTH AVENUE — ANCHORAGE 99501 Anchorage" Area Office I oaia is]:accl. l3o c -�I� - KODIAK °ALASKA, E', 1 t j2 1 "v 1415 6. • Attached are copies of a ,propo d�negot- ated material sale __contract and a special land.�`us,e ,permit. Your`recomm nations and . comments are requested on Ehe;two sub`j.ec,tsA1so' . an ,- indication should- be made as -to whetherf"'or. 1n=t y; are-= selecting. this "area so ' that the proper account.ing'proce uures can take p ace. i-f ;the sale is made. The applicant_previously;_held° 'permits.:.from., the=, Bureau= of, Land Management for .these' sites "and ;weWEerminated when the'Stage`; received tentative :approval. - "E ,1 Your prompt; consideration :wi DPT /vml ' Attachments ' b"eya:pprec fated 3.1 Yours.trul WILLIAM =,Q. SAGHECK Ac.ting._Area.,:Mariager Tubbs - ReaItyrC)fficer NORTH" TO ; THE FUTURE IN 1967! L UNITED STATES DEPARTMENT OF THE INTERIOR State of Alaska Division of Lands 344 Sixth Avenue Anchorage, Alaska 99501 BUREAU OF LAND MANAGEMENT State Office 555 Cordova Street Anchorage, Alaska 99501 DECISION IN REPLY REFER TO: 2222 (921) MAR 9 M67 Anchorage AA -597 State Selection Sec. 6(b) of the Act of July 7, 1958 (72 Stat., 339) as amended Selection Application Rejected in Part Tentative Approval Given in Part On December 21, 1966, the State of Alaska filed a selection application, Anchorage AA -597, covering approximately 11,443 acres of land and water_ in the eastern portion of Kodiak Island, under the provisions of Section 6(b) of the Statehood Act of July 7, 1958 (72 Stat.'339) as amended. On October 28, 1939, by Executive Order 8278, approximately 35,000 acres of land. and water, including the subject lands, were withdrawn from settlement, location, sale, or entry, and reserved for the use of the Department of the Navy for naval -purposes.' Executive Order 8597 of November 18, 1940 established the Kodiak Naval Airspace Reserve over :• these same lands. On July 1, 1955, by .Public Land Order'1182, the description of these lands was amended to include the lands within the boundaries of U. S. Survey2539, of the U. S. Naval Reserve,.accepted April 24, 1942. Public Land Order 4119 of December 13, 1966 revoked approximately 9,256 acres of land and 1,887 water acres, and gave 'the State of'Alaska a preferred right to select these lands until March 14, 1967. The State timely exercised the right to select by filing selection application AA -597. Q P. The State's description of the desired land is Tract B, excluding Tracts. 1 and 2, and Tract C, all of which are further described by'metes,and, bounds. _Tract C consists of two parcels each beginning at a meander corner of U. S. Survey 2539, and from thence extending-east and- north- into Middle Bay and Chiniak.Bay, thence west to the line of mean.high tide, and then , following the meanders of the line of mean ,high tide back to .the -point of'beginning.. While these parcels were - released from. ^:'' the withdrawal order'by Public Land Order 4119,'they are nonpublic lands -:but tidelands; and are not subject to selection, and the 2,187 acres. described -as Tract.0 are herewith rejected from the Selection application. «6 q The following lands, aggregating approximately 7,189 acres, meet the criteria for compactness, are unreserved, are not known to be occupied or appropriated under the public land laws including the mining laws, are not valuable for hot or medicinal springs, and otherwise conform to the require- ments of the Act. Shorespace limitation as to navigable waters is waived. Tract B Beginning at a.point which is the. same as corner 5, U. S., Survey 2539 and is the true point of beginning of this.' description; thence East 21,713.22 feet along the 5 -6 line of U. S.- Survey 2539 to.a point; North`9,850 feet to a point; N. 60° 00' E.,'1,460 feet to a paint ofiset50,"feet northerly.,__,,,.w,_,_" of and parallel to the centerline of Chiniak Road (3laika State Highway 039101) ; westerly and northerly, meandering said 50 -foot offset to a point of intersection on a tangetil- iiith- the"mean "high'""`"__ waterline-of the spit leading to -Frye Point; N. .25° , 49' . 30" "W. , .. 670 feet to a point; S. 85° 10' 30" W.; 3,96.0.feet to a point;- N. 49° 49' 30" W.,]6,400 feet to a point.on the 3 -4 line.of U. S. Survey 2539; S.'23° 10' 30" W.,`12,061.38 feet to corner 4, U. S. Survey 2539; South 1,900 feet to a point on,the 4- 5°,1ine of U. S. Survey 2539; East 1,400 feet to a point; S. 65° 00' E., 2,200 feet to'a point; N. 62° 00' E,,.2,500 feet-to a point; - S, 28° 00' E.;`800.feet to ,a point; S. 63° 00' 1.,'3";300 feet to a point; 1 ...730 00' W.,3,06d feet to a •point .on the 4 -5 line of U. S. Survey 2539; South' 12,514.88'feet , to- corners, U. S..,. Survey 2539, the point of beginning, excepting two tracts, aggregating approximately 796 acres, and more particularly described as follows (Tract 1)' Starting from corner 5, U: S. Suxuey';2539 ;go" east, 8,440 feet to a point on the 5 -6 line.of said survey, :thence- N..•47 °' 09' 4,590 feet to- corner 1, which is the point.of beginning; thence. 51'.W.,..7,636 feet to corner 2; N...470 09.' .E., 3,925 feet to corner 3; S. 42°:51' E., 7,636 feet to`corner-4; S..47° 09' W.,. 3,925 feet to the paint of, beginning.'. Excluding, „also,= the lands -in. the. various pr'otests..to'specific'. parcels of-the selected. lands, which are,: described Viand. identified in :Appendix 1 and which consist of twent.. --two ardela' of _approxi- mately 5 acres each, one 10 -acre parcel one 2Q-ace ' parcel and :4, one parcel of a roximatel 160 acres otalin a roxi e P PP Y . 8 PP Y 280 acres.'. • qract 2). Beginning'at cornerrom which tr.. S. Coast and Geodetic, . 327:.90 feet to.the,point. of beginning. Accordingly, the above described lands with the exception of the exclusions noted above, are considered, proper for selection and acquisition by the State, and are herewith tentatively approved. The lands cannot be patented until they are officially surveyed. When issued, the patent will contain a reservation for canals and ditches under the Act of August 30,.1890 (26 Stat. 391) and a'reser- vation to the United States of a right -of -way for the construction of railroads, telegraph, and telephone lines under the Act of March 12,_ *1914 (38 Stat. 305): = Patent wi11 also contain a reservation under the provisions of 44 LD 513 for'a 40 -foot. right -of -way for access roads. filed by the Department of the Navy, Anchorage serial number_CA -206) and a reservation for the. - :i State of Alaska,• -- Department' of Highways, as to 125.309 acres. of land . under-the provisions of the Federal Aid Highway Act of August 27, 1958 (72 Stat. 916) for a material site, Anchorage serial number A- 061248. -A,4 2 c The Cape Chiniak Road, a Federal Aid Secondary Highway, crosses-the P'C land. -The tentatively approved lands are subject also to the Kodiak Naval Airspace Reserve created by Executive Order 8597 of November/18, 1940,' which provides that "At no time shall any aircraft, other than-public, aircraft of the United States, be navigated into, within, or through.. ". Kodiak Naval Airspace Reservation, unless authorized by the Secretary of the Navy" A copy of the status plats for Townships 28 and 29 South, Ranges 20 and. 21 West, Seward Meridian, are enclosed. -'Daniel A. .Jone Chief; Branch of Lands `- Enclosures 2: Encl. 1 - Appendix Encl. -:.2 - Status plats ti. March 3, 1967 Mr. Join ♦. teal, President Kodiak Loud Caspaz y, I. P. O. lox 826 Kodiak, Alaska Dear leer. Weller: Le reference to Mr. Cornelius' letter of February 27, 1967, we wish OD advise you of the State's position and intent relative to material miles for your conpa1y. It is the intent of the State to dispose of entertain to your comp io the same ores that was encompassed by your previous arterial sale from the Bureau of Land Management under Serial Mo. AO61175. Our material diaapostl will have top con - fora to the State regulations, a copy of which ie enclosed. As you knot, negotiated material sales may be made under the regmlattous but are restricted to cue sale per year and of such a quantity as to not exceed a value of $2500. Other eresia for material extraction may be considered in the futures Olen the opporti*tty for overall Laud use planniag can be dons in the general loll Plats area. la regard to the area that was used for material. extraction under Federal per- mit, we are asperiencing some difficulty in determir tog exactly where in is. As you recall, at our Last visit Lo Kodiak, yon isail.sesteeci thee your company did have survey information which you said would be passed osa to me. We would apprec ie is :receiving any engineering sic survey information that you may have in order that we con determine vaethur the area lies wholly within the State selected lands that are under tentative tatives approval, or whether it lies is the recently State selected Reserve area, er whether it falls into bath area'. It is necsrussry that we doter- else the toertiou aceur.tsly because the State would be able to irogotiate er materiel sins if it sell within Leads that have been to ncetivesly appcovsd to the State. C+axe- versely, if it fail withia leads that have not been tentatively approved, we mould be unable to negotiate s sale until such a time es tentative approved is received. It is also the intent of the Stag that when tentative approval Le received for tbs area coveted by the Special Land Uwe Permit, AA423 "cant Sits), we would con- sider continued use for your company's plant site by appropriate measures such at a loess or Sandal Lend We Permit. ZERssrr:wl. co: Wilton% White 41!A4 George Cornelius Sincerely years, Roscoe Y. bell, Director.. _ , KODIAK ISLAND BOROUGH PLANNING & ZONING REQUEST APPLICATION Case No. 6, —1 Date Final Disposition Application Fee -Paid, Remarks (i- _ 11-ff 4070, -e-Le.z, Type of Request Description of Land: Addition Ile& giot_44-% lock Person Submitting Application Mailing Address Covering Letter Submitted Plat Submitted Person or Representative to Attend Meeting (A) Q-A1 CCUlke Present Zoning Proposed Zoning Reason for Request Survey No. .v Lots Approved Remarks Not Approved Remarks Borough Assembly Approval Remarks