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03/03/1994 Regular Meeting
Hof 1 March 3, 1994 - 7:30 p.m. Jack L. McFarland Presiding Officer Term Expires 1996 Alan Austerman Deputy Presiding Officer Term Expires 1995 John Burt Assemblymember Term Expires 1996 Gordon Gould Assemblymember Term Expires 1994 Suzanne J. Hancock Assemblymember Term Expires 1996 Michael R. Milligan Assemblymember Term Expires 1994 Mary A. Monroe Assemblymember Term Expires 1995 Jerome M. Selby Borough Mayor Term Expires 1995 Donna F. Smith, CMC Borough Clerk Kodiak Island Borough March 3, 1994 and Borough Assembly Agenda 8. COMMITTEE REPORTS Regular Meeting Assembly Chambers Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES A. KIB Assembly Meeting of February 17, 1994. 6. AWARDS AND PRESENTATIONS A. Employee of the Month. 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda and Consent Agenda Items Not Scheduled for Public Hearing. B. Items Other Than Those Appearing on the Agenda. 9. PUBLIC HEARING (Limited to Five Minutes per Speaker) (Toll Free Telephone Number 1- 800 - 478 -5736) (Local Telephone Number 486 -3231) A. Ordinance No. 93 -10F Amending Ordinance No. 93 -10 Fiscal Year 1994 Budget to Match Grant Agreement From the State of Alaska Department of Health and Social Services. B. Ordinance No. 93 -10G Amending Ordinance No. 93 -10 Fiscal Year 1994 Budget to Accept $240,588 Grant from the State of Alaska Department of Administration, Division of Administrative Services for Kodiak High School Classroom Code Upgrade Phase IV. Assembly Agenda Page 1 0 March 3, 1994 - 7:30 o.m. Jack L McFarland Presiding Officer Term Expires 1996 Alan Austermen Deputy Presidng Officer Term Expires 1995 John Burt Assanblymember Term Expires 1996 Gordon Gould Assomblym.mba 0 Term Expires 1994 Suzanne J. Hancock Assemblymamber Tam Expires 1996 Michael R. Milligan Assanblym.mba Tam Expires 1994 Mary A, Monroe Assemblymember Term Expires 1995 Jerome M. Selby Borough Mayor Tam Expires 1995 Donna F. Smith, CMC Borough Clerk Regular Meeting Assembly Chambers Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL DRAFT 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES A. KIB Assembly Meeting of February 17, 1994. 6. AWARDS AND PRESENTATIONS A. Employee of the Month. 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda and Consent Agenda Items Not Scheduled for Public Hearing. B. Items Other Than Those Appearing on the Agenda. 8. COMMITTEE REPORTS 9. PUBLIC HEARING (Limited to Five Minutes per Speaker) (Toll Free Telephone Number 1- 800 - 478 -5736) (Local Telephone Number 486 -3231) A. Ordinance No. 93 -10F Amending Ordinance No. 93 -10 Fiscal Year 1994 Budget to Match Grant Agreement From the State of Alaska Department of Health and Social Services. B. Ordinance No. 93 -10G Amending Ordinance No. 93 -10 Fiscal Year 1994 Budget to Accept $240,588 Grant from the State of Alaska Department of Administration, Division of Administrative Services for Kodiak High School Classroom Code Upgrade Phase IV. Kodiak Island Borough Assembly Agenda March 3, 1994 Page 1 10. MESSAGES FROM THE BOROUGH MAYOR 11. OLD BUSINESS None. 12. NEW BUSINESS A. BID AWARDS None. B. RESOLUTIONS I • atA- A. MINUTES OF OTHER MEETINGS a R) 1. Resolutio 0 P 'recting the Disposal of an Interest in Kodiak Island Borough Land, by - or Fair Market Value to Permit a Transformer Tower, a Satellite Antenna, a • an Associated Equipment Building to be Located on a Portion of Lot 5 -A, U.S. Survey 3538A. (Located near Egan Way, off Rezanof Drive East) 2. Resolution No. 94 -11 Directing the Disposal of an Interest in Kodiak Island Borough Land, by License, for Fair Market Value of a Portion of Devil's Prong Right -of -Way Near Lot 8, Block 4, Mountain View. Subdivision, 2nd Addition. (2632 Devil's Prong) C. ORDINANCES FOR INTRODUCTION None. 13. INFORMATION MATERIALS (No Action Required) 1. Planning and Zoning Commission Meeting of January 19, 1994. 2. Data Processing Steering Committee Meeting of January 28, 1994. B. REPORTS 1. Kodiak Island Borough February 1994 Financial Report. 14. CITIZEN COMMENTS 15. ASSEMBLYMEMBER COMMENTS 16. ADJOURNMENT Copies of agenda items are available at the Borough Clerk's Office, 710 Mill Bay Road, or just prior to the meeting outside the Assembly Chambers. Kodiak Island Borough Assembly Agenda March 3, 1994 Page 2 • 0 A regular meeting of the Kodiak Island Borough Assembly was held February 17, 1994 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Pastor Riley Hunter of the Church of the Nazarene, followed by the Pledge of Allegiance. There were present: Jack McFarland, Presiding Alan Austerman John Burt Gordon Gould Mike Milligan Mary Monroe comprising a quorum of the Assembly; and Jerome Selby, Mayor Judi Nielsen, Deputy Clerk Jane Edmonds, Records Coordinator Assemblymember Hancock was out -of -town on vacation and asked to be excused. AUSTERMAN, moved to excuse seconded by MONROE VOTE ON MOTION TO EXCUSE MOTION CARRIED APPROVAL OF AGENDA AND CONSENT AGENDA GOULD, seconded by AUSTERMAN Deputy Clerk Nielsen read the under "Consent Agenda ". GOULD, seconded by MONROE Regular Assembly Meeting February 17, 1994 KODIAK ISLAND BOROUGH Regular Assembly Meeting February 17, 1994 Assemblymember Hancock. Unanimous voice vote moved to approve the agenda and consent agenda. items for consideration moved to amend the agenda by removing item 12.8.3, Resolution No. 94 -09, from the agenda. REGULAR MEETING ROLL CALL APPROVAL OF AGENDA AND CONSENT AGENDA Volume XVIII Page 54 Assemblymember Gould explained that the Municipality of Anchorage adopted a similar resolution after many amendments and although the Fairbanks North Star Borough adopted a similar resolution, there was an intent to rescind filed. He felt the resolution was contrary to the Alaska Municipal League (AML) position that opposed any legislation that decreased the authority of a political subdivision to control firearms. Assemblymember Milligan did not feel it was necessary to follow the actions of larger municipalities. He felt it was important to look at the affect on Kodiak, and he was comfortable proceeding with discussion. Presiding Officer McFarland supported comments made by Assemblymember Gould. He noted the Assembly received information at this meeting and it was important to review the information prior to making a decision. VOTE ON MOTION TO AMEND Ayes: Gould, Monroe, Austerman, McFarland Noes: Burt, Milligan Absent: Hancock MOTION CARRIED 4 Ayes, 2 Noes VOTE ON MOTION TO APPROVE AS AMENDED Ayes: Burt, Gould, Milligan, Monroe, Austerman, McFarland Noes: None Absent: Hancock MOTION CARRIED Unanimous APPROVAL OF MINUTES A. K.I.B. Assembly Meetings of January 25 and February 6, 1994. This item was approved under "Consent Agenda ". Regular Assembly Meeting February 17, 1994 APPROVAL OF MINUTES Volume XVIII Page 55 • • 0 0 0 AWARDS AND PRESENTATIONS A. Student of the Month Mayor Jerome Selby presented the Student of the Month Award to Jamie Boskofsky, a senior at Ouzinkie School. B. Mayor Selby proclaimed February 27 - March 27, 1994 Earthquake Awareness Month, urging all people to join in meaningful activities that focused attention on earthquake awareness and preparedness. He presented the proclamation to Kaye McClain, local Red Cross Chapter president.; Mayor Selby announced that Red Cross training was scheduled for April 10 - 17, 1994 and invited the public to attend. C. Employee of the Year Mayor Jerome Selby presented the Employee of the Year Award to Rachael Miller, personnel assistant in the Mayor's office. CITIZENS' COMMENTS A. Agenda Items Not Scheduled For Public Hearing Jim Fisk phoned to report that there was indication from Governor Hickel's office that less than 25 letters were received supporting the appointment of Chris Blackburn, Al Burch or Kevin O'Leary to the North Pacific Fishery Management Council. He contended that Kodiak was heavily involved in fisheries and encouraged the public to submit letters of support. B. Items Other Than Those Appearing on the Agenda Giovanni Tallino, Kodiak Island Sportsman's Association (KISA) president, read verbiage from Senate Joint Resolution (SJR) No. 40 in that "the individual right to keep and bear arms shall not be denied or infringed by the state or a political subdivision ". He felt there were objections to the language but contended that local municipalities maintained the ability to regulate the "bottom line ". He argued that if the resolution was adopted the question would be on the state ballot and voters would decide the question. AWARDS AND PRESENTATIONS STUDENT OF THE MONTH PROCLAMATION EMPLOYEE OF THE YEAR CITIZENS' COMMENTS Regular Assembly Meeting Volume .VIII February 17, 1994 Page 56 Assemblymember Milligan was concerned that SJR No. 40 precluded local municipalities from enacting legislation on concealed carry permits, Mr. Tallino stated the time to review the concern was after the resolution was adopted. Karl Berggren supported the comments of Mr. Tallino and echoed that the voters would decide once the question was placed on the ballot. Rexene Olson, phoned to relate that she was pleased Resolution No. 94 -09 was removed from the agenda because facts were needed to make the right decision. She reinforced the comments of Mr. Tallino that the vote go to the people to show support for the United States Constitution. Jim Graham supported adoption of Resolution No. 94 -09 and urged the Assembly to send a strong message to the legislature that constitutional rights would not be abandoned. Philip Chiaravalle phoned to say that while he was in Juneau he felt public opinion favored the right to keep and bear arms and the concealed carry permit. He entreated the Assembly to send a strong message of support. Robert Anderson urged the Assembly to debate Resolution No. 94 -09 and support SJR No. 39. He felt there were powerful forces in the federal government attempting to restrict inherited second amendment rights. Pete Probasco beseeched the Assembly to support Resolution No. 94 -09. He felt Alaskans' strongly supported the right to keep and bear arms. Presiding Officer McFarland welcomed Brandy Gibson, Angie Saunders and Brandie Laudert, students from Ms. Blott's fourth period Kodiak High School English class. COMMITTEE REPORTS Assemblymember Milligan attended the Cook Inlet Regional Citizens' Advisory Council annual meeting. He noted that the Council was enacted by the 1990 Oil Protection Act (OPA 1990). He said there was controversy over Lease Sale 78 that was located off Humpy Point on the Kasilof River in Cook Inlet. He reported that although the Council opposed the lease sale due to concern that OPA 1990 mandates would not be met to fund the environmental monitoring program, Regular Assembly Meeting February 17, 1994 COMMITTEE REPORTS Volume XVIII Page 57 • • 0 the Council president chose not to forward that decision to the governor. He said there was a motion to censure the president but Betty Glick, Kenai Peninsula Borough Assemblymember, felt that censure was too harsh. Assemblymember Milligan stated he made a motion to amend by changing the wording from censure to reprimand but both motions failed. He announced that the new executive director was hired and annual changes dictated the election of a new president and appointment of committee members. Assemblymember Monroe was unable to attend the last Planning and Zoning Commission meeting because she attended the union negotiations meeting. She announced that the Kodiak Alliance for the Mentally I11 (KAMI) annual meeting was scheduled for March 0 1994 at St. James the Fisherman Episcopal Church an Mayor Selby was the guest speaker. She said the topic of discussion was the proposed psychiatric beds at the hospital. Assemblymember Austerman attended the Hospital Advisory Board meeting where the Board approved a letter of support for a certificate of need to remodel the hospital. He said that a new physical therapist was on board allowing services to be expanded. He said the fact that the physical therapy department occupied rented space on Mill Bay Road highlighted the need for additional space at the hospital. He said indications were that the work load was such that the department would be self - paying to create a profit. He announced that two new surgeons were hired and two care center rooms were converted to office space for the surgeons. He stated that care center services were down and created a financial drain on the hospital, but noted it was possible to convert the rooms back in the future if necessary. He said the January report indicated the hospital was in the red by $67,000 compared to $243,000 last year. and the overall year -to -date losses were $133,000 compared to $166,000 last year. He said budget discussion indicated that inflation dictated a six percent rate increase but projections indicated level profits and losses. He announced that Betty Springhill, Hospital Advisory Board chairman, fractured bones in her leg and he wished her well. He responded to Assemblymember Gould in that Ed Myers, hospital administrator, had returned from medical leave. Regular Assembly Meeting Volume XVIII February 17, 1994 PATS 5R Assemblymember Burt did not attend the last Planning and Zoning Commission meeting but understood that Jon Isaacs would return to Kodiak for further discussion on the design of the Coastal Zone Management Plan. Assemblymember Monroe clarified that Mr. Isaacs was expected in Kodiak on March 2, 1994. PUBLIC HEARING None. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby read a letter from the Kodiak Chamber of Commerce Board of Directors expressing appreciation for adoption of Ordinance No. 94 -03 wherein the Chamber was classified a community purpose organization. The Board felt the exemption from paying property tax had a significant impact on the annual budget. He announced that several key fishing issues, including the North Pacific Fisheries Management Council appointment and proposed Fifth Region, were pending. He encouraged the public to correspond with Governor Hickel and express concern about management of fisheries and resources. He added that the Board of Fish meetings were scheduled for March, 1994 and asserted that without community participation in democracy, democracy would fail. He was notified by the Department of Transportation that the $4.9 million rehabilitation of Rezanof Drive was set for summer, 1994. He added that Rezanof Drive intersection improvements were scheduled for April, 1994. He said additional scheduled improvements included creating turn lanes at Anton Larsen road, the airport access road, Coast Guard base entrance road and replacement of the Buskin River bridge. He said the Mill Bay Road phase II rehabilitation project was scheduled for summer, 1994 and the anticipated completion cost was $4.5 to $5.5 million. He did not envision completion of the project by the onset of winter but at worst the potholes would be gone and the road covered with gravel. He said designs for the Chiniak /Kalsin Hill Road and realignment of Deadman's Curve on Rezanof Drive were scheduled for summer, 1994 with construction anticipated in summer, 1995. He said that re- design of the Mill Bay Road /Rezanof intersection was scheduled with anticipated construction in summer, Regular Assembly Meeting February 17, 1994 PUBLIC HEARING MESSAGES FROM MAYOR Volume XVIII Page 59 0 0 1995. Mayor Selby contended that public correspondence to the governor's office complaining about the condition of Kodiak roads facilitated project funding. He attended the Minerals Management Service (MMS) hearing on OPA 90 where the focus of discussion was the $150 million liability insurance coverage required for those who potentially caused oil spills. He said MMS was assigned the task of administering the $150 million liability by executive order of the president but that MMS staff had a problem because language in the bill was inserted by the conference committee after it was passed by the house and senate. He said an analysis by the State Department of Commerce and the insurance division indicated that insurance would not be available for anybody in Alaska and the goal was to remove the liability. At questions raised by Assemblymember Burt, Mayor Selby stated that legislative addresses were available in the Borough Clerk's Office or at the Legislative Information Office. OLD BUSINESS OLD BUSINESS 4100 None. NEW BUSINESS NEW BUSINESS A. BID AWARDS BID AWARDS 1. Contract No. 94 -04 Scrap Metal Recycling CONTRACT Project. NO. 94 -04 AUSTERMAN, seconded by MONROE moved to award Contract No. 94 -04 to Northern Exploration & Equipment Co. of Kodiak, Alaska in an amount not to exceed $61.77 per ton. Mayor Selby explained the contract was to recycle junk autos and other metals by baling and shipping off Island. He added it was much like the process provided by Smokey's Dump but the operation was controlled by the Borough so there would not be the build -up of metal. He said that of the seven bidders, Northern Exploration & Equipment Co. was the lowest. Regular Assembly Meeting Volume XV1LI February 17, 1994 Page 60 At the request of Assemblymember Austerman, Mayor Selby explained that the car crusher was on a concrete pad set up to comply with all regulations. He said the batteries were removed from vehicles prior to crushing and shipping off Island. He announced that there was no fee to dispose of batteries at the landfill. He said that although abandoned cars were towed to the landfill, the public was encouraged to assist in the clean up by delivering vehicles to the landfill. When Mayor Selby reviewed the $20.00 charge for vehicles, Assemblymember Burt asked if the fee could be waived and Mayor Selby stated it could be reviewed. VOTE ON MOTION TO AWARD Ayes: Milligan, Monroe, Austerman, Burt, Gould, McFarland Noes: None Absent: Hancock MOTION CARRIED Unanimous B. RESOLUTIONS RESOLUTIONS 1. Resolution No. 94 -06 Urging the Governor of RESOLUTION the State of Alaska to Appoint a Kodiak NO. 94 -06 Representative to the North Pacific Fishery Management Council. Presented for consideration was Resolution No. 94 -06 which, if adopted, urged Governor Hickel to appoint a Kodiak representative to the North Pacific Fishery Management Council to assure quality input from the most complex fishing area in Alaska and to continue strong management for the best interests of the fishing industry. MONROE, moved to adopt seconded by AUSTERMAN Resolution No. 94 -06. Mayor Selby stated the resolution encouraged continued involvement of the Kodiak fishing community in fishery issues. He added that Kodiak was the largest and most diversified fishing port in Alaska and the fishing community had the best first -hand knowledge of the intricate interaction between state and federal regulations. He encouraged the community to support the resolution by contacting the governor. Regular Assembly Meeting February 17, 1994 Volume XVIII Page 61 • 0 At questions raised by Assemblymember Milligan, Mayor Selby stated that phone calls, faxes, and letters to the governor's office, as well as correspondence through the Legislative Information Office, were suitable means of communication. Presiding Officer McFarland agreed with Mayor Selby's comments and encouraged community members to become familiar with the issues and support one of the three candidates. VOTE ON MOTION TO ADOPT Ayes: Noes: None Absent: Hancock MOTION CARRIED Unanimous Monroe, Austerman, Burt, Gould, Milligan, McFarland 2. Resolution No. 93 -13A Amending Resolution RESOLUTION No. 93 -13 Fiscal Year 1994 Kodiak Island NO. 93 - 13A Borough School District Budget. Presented for consideration was Resolution No. 93 -13A which, if adopted, accepted the amended FY 1994 Kodiak Island Borough School District budget in the amount of $19,418,765. AUSTERMAN, moved to adopt seconded by MONROE Resolution No. 93 -13A. Mayor Selby reported that the resolution accepted funds from the state and balanced the current fiscal year school district budget. He noted that the additional funds would be carried over to the next fiscal year. Mayor Selby responded affirmatively to Assemblymember Austerman's question that the additional revenues were just over $500,000. At questions raised by Assemblymember Burt, Assembly representative to the School Board Budget Review Committee, Mayor Selby reiterated that funds would be carried over to the next fiscal year. Regular Assembly Meeting Volume XvIII February 17, 1994 Page 62 VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED 3. Resolution No. 94 -09 Supporting Section 1 of the Senate Joint Resolution No. 39 Proposing Amendments to the Constitution of the State of Alaska Relating to the Individual Right to Keep and Bear Arms. Resolution No. 94 -09 was removed from the agenda. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. 93 -10F Amending Ordinance No. 93 -10 Fiscal Year 1994 Budget to Match Grant Agreement From the State of Alaska Department of Health and Social Services Presented in first reading was Ordinance No. 93 -10F which, if adopted, amended the fiscal year 1994 budget by decreasing the community support grant line item and decreasing salaries and benefits expenditures accordingly in the amount of $16,300. Ordinance No. 93 -10F was advanced to public hearing on March 3, 1994 under "Consent agenda ". 2. Ordinance No. 93 -10G Amending Ordinance No. 93 -10 Fiscal Year 1994 Budget to Accept $240,588 Grant From the State of Alaska Department of Administration, Division of Administrative Services for Kodiak High School Classroom Code Upgrade Phase IV. Presented in first reading was Ordinance No. 93 -10G which, if adopted, accepted grant funds of $240,588 and directed staff to complete the necessary forms and accounting to manage such funds. Ordinance No. 93 -10G was advanced to public hearing on March 3, 1994 under "Consent Agenda ". Regular Assembly Meeting February 17, 1994 Austerman, Burt, Gould, Milligan, Monroe, McFarland None Hancock Unanimous RESOLUTION NO. 94 -09 ORDINANCE NO. 93 -10F ORDINANCE NO. 93 -10G ORDINANCES FOR INTRODUCTION Volume xVIlt Page 63 0 D. OTHER ITEMS OTHER ITEMS GOULD, seconded by MONROE 1. Contract No. 91 -07 Amendment IV CONTRACT Architectural and Engineering Services NO. 91 -07 for Kodiak High School Alteration. moved to approve Contract No. 91 -07 Amendment IV with Kumin Associates of Anchorage, Alaska in an amount not to exceed $175,000. Mayor Selby explained the amendment was for the fourth and final phase of the remodel and upgrade of the Kodiak High School. He said the project started four years ago in an effort to recapture and utilize space to accommodate the growing high school population. He added that Kumin and Associates completed the previous three phases. When Assemblymember Milligan questioned the need to fireproof columns at the auditorium, Mayor Selby explained that if the requirement to fireproof was there when the State Fire Marshall originally reviewed the plans, the fireproofing would be part of the Phase IV remodel. Mayor Selby stated that if a violation was determined, there was the potential that the original architect or contractor liability insurance would cover replacement. At further questions raised by Assemblymember Milligan, Mayor Selby explained that funding for the fireproofing was budgeted and if it was determined not to be a Borough responsibility, funds would stay in the capital projects account until the assembly appropriated the funds to a specific capital project. At questions raised by Assemblymember Austerman, Mayor Selby explained that the industry standard for remodel was ten to twelve percent of the contract. At Mayor Selby's statement that the contract was paid in part by a state grant of $248,000 and the remainder was Borough funds currently on hand, Presiding Officer McFarland noted there was potential reimbursement from the state. VOTE ON MOTION TO AWARD Q Ayes: Burt, Gould, Milligan, Monroe, Austerman, McFarland Regular Assembly Meeting Volume XVII7 February 17, 1994 Page 64 Noes: None Absent: Hancock MOTION CARRIED Unanimous 2. Appointments to Service Area No. 2 Commission. GOULD, seconded by AUSTERMAN There was no discussion by the Assembly. VOTE ON MOTION TO APPOINT Ayes: Gould, Milligan, Monroe, Austerman, Burt, McFarland Noes: None Absent: Hancock MOTION CARRIED Unanimous C. OTHER OTHER INFORMATIONA INFORMATIONAL MATERIALS (No action required) MATERIALS B. REPORTS REPORTS 1. Personnel Advisory Board Meetings of October 6 and December 29, 1993. 2. Kodiak Island Hospital Advisory Board Meeting of January 19, 1994. 3. Service District No. 2 Board Meeting of November 1993. 1. Mental Health Center Director's November 1993 Report. 2. Engineering /Facilities Department February 1994 Project Report. Regular Assembly Meeting February 17, 1994 moved to appoint Reed Oswalt and John Parker Sr. to three -year seats on the Service Area No. 2 Commission. 1. Horseshoe Lake Community Association February 1994 Newsletter. APPOINTMENTS TO SERVICE AREA NO. 2 COMMISSION A. MINUTES OF OTHER MEETINGS MINUTES OF OTHER MEETINGS Volume XVIII Paae 65 t 0 0 0 CITIZEN COMMENTS None. ABSEMBLYMEMBER COMMENTS Assemblymember Gould announced that Sister Margaret was quite ill, and he remembered her in his thoughts and prayers. Assemblymember Monroe congratulated Jamie Boskofsky as Student of the Month and Rachael Miller as Employee of the Year. Assemblymember Milligan read from the Alaska Municipal League policy statement regarding the right) to keep and bear arms. He felt it was an emotional issue and statistics favoring and opposing were available. He contended there were individual instances in Alaska where additional protection for individuals was needed. He stated the increased number of people owning guns increased gun deaths and the number of suicides by gun shot was incredible. He viewed the Olympic Games and he was proud of Tommy Moe who won a gold and silver medal. He was pleased that the Alaska Seafood Marketing Institute (ASMI) sponsored Mr. Moe because there was good coverage of Alaska salmon. Assemblymember Austerman congratulated Jamie Boskofsky as Student of the Month and Rachael Miller as Employee of the Year. Presiding Officer McFarland announced the Kodiak Island Borough Assembly will meet in a work session on Thursday, February 24, 1994 at 7:30 p.m. in the borough conference room and regular meeting on March 3, 1994 at 7:30 p.m. in the assembly chambers. Presiding Officer McFarland scheduled Resolution No. 94 -09 for discussion at the February 24, 1994 Assembly work session. He felt it was appropriate to submit the resolution and back -up information to the Borough attorney for research and detailed analysis on potential repercussions and appropriate language. He understood the intent of the resolution was to continue the right to bear arms and have the ability to create local gun control regulations. Assemblymember Gould stated that the Municipality of Anchorage resolved questions in that manner. Assemblymember Austerman was in agreement. CITIZEN COMMENTS ASSEMBLYMEMBER COMMENTS ANNOUNCEMENTS Regular Assembly Meeting Volume XVIII February 17, 1994 Pave 66 GOULD, seconded by MONROE VOTE ON MOTION TO RECESS Ayes: Milligan, Monroe, Austerman, Burt, Gould, McFarland Noes: None Absent: Hancock MOTION CARRIED Unanimous At 8:55 p.m. the Assembly recessed into Executive Session. At 10:43 p.m. Presiding Officer McFarland reconvened the regular meeting. MILLIGAN, moved to adjourn. seconded by GOULD moved to recess EXECUTIVE into executive session SESSION to discuss pending litigation and Borough financial matters. No action was anticipated as a result of the executive session. VOTE ON MOTION TO ADJOURN MOTION CARRIED Unanimous voice vote There being no further business to come before the Assembly, the meeting adjourned at 10:43 p.m. ATTEST: Borough Clerk Regular Assembly Meeting February 17, 1994 Presiding Officer ADJOURNMENT Volumo XVIII Pan. 67 0 0 Meeting of: March 3, 1994 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 9.A. Ordinance No. 93 -10F AN ORDINANCE AMENDING ORDINANCE NO 93 -10 FISCAL YEAR 1994 BUDGET TO ADJUST BUDGET TO MATCH GRANT AGREEMENT FROM THE, STATE OF ALASKA DEPARTMENT OF HEALTH AND SOCIAL SERVICES The State of Alaska Department of Health and Social Services has appropriated funds to the Kodiak Island Borough for Fiscal Year 1994, and the original recorded budget was an estimate based on available figures. This ordinance will match the recorded budget with the executed grant agreement. FISCAL NOTES [X] N/A Expenditure Required Amount Budgeted APPROVAL FOR AGENDA: Mayor 0 0 KODIAK ISLAND BOROUGH ORDINANCE NO. 93 -10F Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: Mayor Finance Officer Accountant 02/17/94 03/03/94 AN ORDINANCE AMENDING ORDINANCE NO 93 -10 FISCAL YEAR 1994 BUDGET TO ADJUST BUDGET TO MATCH GRANT AGREEMENT FROM THE STATE OF ALASKA DEPARTMENT OF HEALTH AND SOCIAL SERVICES WHEREAS, the State of Alaska Department of Health and Social Services has appropriated funds to the Kodiak Island Borough for Fiscal Year 1994, and the Kodiak Island Borough is now in receipt of the approved grant documents in the form of a Notification of Grant Award and Grant Agreement under Grant #06 -4208; WHEREAS, the original recorded budget for the Mental Health Center Grant was an estimate based on the available project figures as of the date of Kodiak Island Borough Ordinance Number 93 -10. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This Ordinance is not of general application and shall not be codified. Section 2: The Kodiak Island Borough Assembly accepts the grant amounts as set forth in the Agreement, and directs staff to complete the necessary forms and accounting to manage such funds. Section 3: The Fiscal Year 1994 Budget is hereby amended by decreasing the Community Support Program Grant, Line Item #200 204 334 215, and by decreasing Salaries and Benefits Expenditures accordingly in the amount of 516,300. Kodiak Island Borough, Alaska Ordinance No. 93 -10F Page 1 of 2 ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 1994 Donna F. Smith, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Jack L. McFarland, Presiding Officer Kodiak Island Borough, Alaska Ordinance No. 93 -10F Page 2 of 2 .` a 0 0 0 Meeting of: March 3, 1994 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 9.B. Ordinance No. 93 -10G ORDINANCE NO. 93-10G AMENDING ORDINANCE NO. 93-10 FISCAL YEAR 1994 BUDGET TO ACCEPT $240,588 GRANT FROM THE STATE OF ALASKA DEPARTMENT OF ADMINISTRATION, DIVISION OF ADMINISTRATIVE SERVICES FOR HIGH SCHOOL CLASSROOM CODE The State of Alaska, Department of Administration has awarded a capital project matching grant to Kodiak Island Borough under A.S. 37.06.030, as set forth in the Grant Ageement No. 94/597 -1 -001, and total project costs are $343,697, of which the state has appropriated $240,588, and local matching share to be contributed is $103,109. The Kodiak High School Classroom /Code Upgrade Project will address code deficiences and provide renovation necessary to upgrade the existing facility. FISCAL NOTES [ 1 N/A Expenditure Required Amount Budgeted $103,109 APPROVAL FOR AGENDA: Mayor 0 WHEREAS, WHEREAS, c WHEREAS, 0 Section 2: KODIAK ISLAND BOROUGH ORDINANCE NO. 93 -10G Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: Mayor Finance Officer Accountant 02/17/94 03/03/94 AN ORDINANCE AMENDING ORDINANCE NO. 93 -10 FISCAL YEAR 1994 BUDGET TO ACCEPT $240,588 GRANT FROM THE STATE OF ALASKA DEPARTMENT OF ADMINISTRATION, DIVISION OF ADMINISTRATIVE SERVICES FOR KODIAK HIGH SCHOOL CLASSROOM CODE UPGRADE PHASE IV the State of Alaska Department of Administration has awarded a capital project matching grant to the Kodiak Island Borough under A.S. 37.06.030, and as evidenced by Grant #94/597 -1 -001, and $343,697 has been awarded for this purpose, of which the state share totals $240,588, and local share is $103,109, such sources being interest earnings and general fund revenue; and the Kodiak High School Classroom /Code Upgrade Project, Phase IV will address code deficiencies and renovation necessary to upgrade the existing facility as set forth in the Project Proposal NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This Ordinance is not of general application and shall not be codified. The Kodiak Island Borough Assembly accepts the grant funds in the total amount of $240,588 and directs staff to complete the necessary forms and accounting to manage such funds. Kodiak Island Borough, Alaska Ordinance No. 93-1 OG Page 1 of 2 ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 1994 Donna F. Smith, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Jack L. McFarland, Presiding Officer Kodiak Island Borough. Alaska _ Ordinance No. 93 -10G Page 2 of 2 0 Kodiak Island Borough AGENDA STATEMENT Meeting of: March 3, 1994 ITEM TITLE: Approval of the disposal of an interest in Borough land, by lease, for fair market value, to permit a transformer tower, a satellite antenna and an associated equipment building to be located on a portion of Lot 5A -1, U.S. Survey 2538A. SUMMARY STATEMENT: This request was initiated by the Borough Resource Management Officer, upon request by a local communications company to locate their transmitter equipment and related structures on a portion of (about 3900 square feet) Lot 5A -1, U.S. Survey 2538A, which is zoned PL-- Public Use Lands and owned by the Kodiak Island Borough. At their February 16, 1994 regular meeting, the Planning and Zoning Commission adopted a resolution recommending approval of this disposal request subject to the following condition: 1. The location, dimensional requirements, and aesthetic mitigation requirements for the proposed use will be determined by negotiation of the lease agreement and established by conditions of approval as part of the required conditional use permit. The information considered by the Planning and Zoning Commission related to this disposal request is attached. Kodiak Island Borough code does not require that public hearings be held for such disposals. However, given the potential impact of this disposal, staff recommends that the Assembly consider providing an opportunity for a public hearing on this disposal request. FISCAL NOTES [X] N/A Expenditure Required -0- General Fund N/A Account APPROVAL FOR AGENDA: Mayore,5- RECOMMENDED ACTION: Move to adopt Resolution 94- 10 ITEM NO. 12.D.1. Resolution No. 94 - 10 /y1 rl ' V 1 1 ■ 5 IN c s eszN A/ O/• Off' 06 " {I/ 1 4 0 WHEREAS, WHEREAS, KODIAK ISLAND BOROUGH RESOLUTION NO. 94-10 Introduced by: Mayor Selby Requested byResource Manager Drafted by: Community Development Department Introduced: 03/03/94 Adopted: O 3/0 3/y'/ A RESOLUTION DIRECTING THE DISPOSAL OF AN INTEREST IN KODIAK ISLAND BOROUGH LAND, BY LEASE, FOR FAIR MARKET VALUE, PERMITTING A TRANSFORMER TOWER, A SATELLITE ANTENNA, AND AN ASSOCIATED EQUIPMENT BUILDING TO BE LOCATED ON A PORTION OF LOT 5A -1, U.S. SURVEY 2538A (LOCATED NEAR EGAN WAY, OFF REZANOF DRIVE) WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has recommended that the Kodiak Island Borough Assembly dispose of an interest in la , by lease, of a portion (approximately 3900 square feet) of Lot 5 , U.S. Survey 2538A; this disposal has been requested to accommodate a developing segment of the communication industry; actual development of the site(s) is subject to review and approval as a conditional use by the Kodiak Island Borough Planning and Zoning Commission; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The mayor is authorized to ecute the disposal, by lease, for fair market value of a portion of Lot 5 1, U.S. Survey 2538A (approximately 3900 square feet) to accommodate a transformer tower, a satellite antenna, and an associated equipment building, subject to the following condition: 1. The location, dimensional requirements and aesthetic mitigation requirements for the proposed use will be determined by negotiation of the lease agreement and established by conditions of approval as part of the required conditional use permit. Kodiak Island Borough, Alaska Resolution No. 94-10 Page 1 of 2 ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 1994 Donna F. Smith, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Jack L. McFarland, Presiding Officer Kodiak Island Borough, Alaska Resolution No. 94 -10 Page 2 of 2 PUBLIC HEARING A public hearing will be held on Thursday, March 3, 1994. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Assembly, to hear comments, if any, on the following: Resolution 94 -10 Directing the Disposal of an Interest in Kodiak Island Borough Land, by Lease, for Fair Market Value to Permit a Transformer Tower, a Satellite Antenna, and an Associated Equipment Building to be Located on a Portion of Lot 5 -A, U.S. Survey 3538A. (Located near Egan Way, off Rezanof Drive East) If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Borough Clerk's Office prior to the meeting. Comments favoring and opposing are encouraged. This notice is being sent to you because our records indicate you are a property owner in the area of interest. If you have any questions about the resolution, please feel free to call us at 486 -9310 or 486 -9311. Your name: Mailing Address: Your property description: Comments: KODIAK ISLAND BOROUGH BOROUGH ASSEMBLY /CLERK'S OFFICE 710 Mill Bay Road, Kodiak, Alaska 99615 a. LLJ -J L .1 • 7.; Lj..1 -Li -`• : •::::: I - : ,. •.. Li- : .... ..... _i_i _Li .... kr: ;!r! r• 77 X ▪ • 1 Li - 7 ji rr .:j 47%4 CD -Li (17 - 7 '4 cI Z — 4 4Z. - _ I�I 7t- i Lul 7t- i 7T - ILL I I KL • 7 • • .4.. - C; C: •__ — L rt" = 7 1. a it4. 44- - • • Kodiak Island Borough Assembly Members Kodiak, Alaska 99615 Dear Assembly Members, You may be asked to decide on a request by Island Communications regarding a lease for location to install a television satellite dish, 160 foot antenna, and related equipment and support buildings. I would like to voice my objection with the site location of this request. Although I support the concept of Island Communications, I believe other sites should be rigorously considered. Only KMXT has been granted use in this area. They are a non profit organization and the reasoning was it (satellite dish) had to be close to their present facility. The City of Kodiak has locations availab le (to consolidate these to a few locations.) It is your responsibility to protect the quality and character of our neighorhoods. You may want to consider consolidating these antennas and satellite dish. Thank you for your time. Sincer 2 Gary Gilbert March 3, 1994 yiAR 31994 0 DATE: TO: FROM: SUBJECT: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: Case 94.006 Kodiak Island Borough MEMORANDUM January 31, 1994 Planning and Zoning Commission Community Development Department Information for the February 16, 1994 PL-- Public Use Land BACKGROUND ular Meeting New Business VIII•B 94 -006 Island Communications, Inc. John M. Waller Review by the Planning and Zoning Commission, in accordance with Section 18.20.030 (Review by Commission) of the Borough Code, of a disposal of an interest in Borough land by lease, for fair market value, to permit a 160 foot transmitter tower, a 27 foot wide satellite antenna and a 20' x 20' equipment building to be located on a portion of a lot in the PL- - Public Use Land Zoning District. A portion (about 3900 square feet) of Lot 5A -1, U.S. Survey 2538A, near Egan Way, off Rezanof Drive. The purpose of this request is to review the possible disposal of a portion of Borough land, by lease for fair market value, for the purpose of establishing a satellite ground station, a transmitter tower an a small accessory/support building. The location on "Borough Hill" is already developed with a number of communications facilities as noted in the memo from the Borough Resource Management Officer. The proposed use is a conditional use in the PL-- Public Use Land zoning district. It is premature to consider a conditional use however, until the issue of disposal is decided by the Borough Assembly. Two sites are proposed for evaluation. Both are located on the same parcel. One site is located at each end of the KIB Mental Health Center's residential /treatment facilities and offices leased to non - profit organizations along Egan Way. The site at the corner closest to the High School is an open Page 1 of 3 P & Z: February 16, 1994 New Business VIII -B area which is presently used as open space (lawn). The site near the parking area for the office complex is used for open space and parking. While the use is appropriate for the zoning and the general area, based on the present pattern of development, a 160 foot transmitter tower and 27 foot wide satellite dish may have some aesthetic impact due to the locations proposed next to Egan Way. The site nearest the high school, for instance, is easily viewed from Rezanof Drive. Some aesthetic concerns can be mitigated by conditions of approval in a conditional use permit, but these issues are more appropriately considered when a conditional use permit is reviewed. These issues are raised now so that the Commission will know what to expect if this disposal is approved. The site near the existing parking area for the offices and residential/treatment facilities, may be needed in the future for overflow parking. While this may provide a better location for aesthetic reasons, it may pose a conflict with this potential need. In order to provide the maximum flexibility in siting the proposed communications facilities, staff recommends that the Commission consider the disposal of both sites so that the development can be broken down into smaller developments that can more easily be addressed during the lease negotiation and conditional use permit review. Parking areas around the proposed site appear to be adequate to support the proposed use, although this might be more appropriate to address during a conditional use permit review. There is plenty of parking during the evening and weekend hours when most other facilities in the area are closed. Parking in support of the equipment building should not require more than one or two off-street parking /loading spaces. Based on the Resource Management Officer's memo, the land under review is presently viewed as surplus to the Borough's immediate need. The use of the land by 5 year lease is not considered to be a permanent use. Although the land is restricted to public use by deed, a legal opinion on file indicates that utility and communications uses can be considered to be "public" uses even though they may be operated by private business. Because the majority of communications facilities presently located in Kodiak are located on public land, this request is not a precedent. Public sites now used for transmitter towers and satellite ground stations are located on Pillar Mountain (City), Near Island (City), Lower Pillar Mountain near the water Case 94 -006 Page 2 of 3 P & Z: February 16. 1994 • • Case 94 -006 RECOMMENDATION APPROPRIATE MOTION New Business VIII•B chlorination plant (City), around the Borough Building (Borough), and the back side of the KIB School District supply building (Borough). Based on the Borough Resource Management Officer's report and recommendation, staff recommends that the Commission forward this request to the Borough Assembly recommending disposal of two (2) sites on Lot 5A -1, so that the actual area and location of proposed communication facilities can be determined by lease negotiation and conditional use permit review. Should the Commission agree with the staff recommendation, the appropriate motion is: Move to adopt the following resolution containing a recommendation to the Borough Assembly regarding the land disposal reviewed by the Commission in Case 94 -006. Now Therefore, be it resolved by the Kodiak Island Borough Planning and Zoning Commission, That the disposal by lease, for fair market value, of two (2) portions of Lot 5A -1, U. S. Survey 2538A, totaling about 3900 square feet in area, to permit the development of a transmitter tower, satellite ground station and associated equipment/support building, is recommended for approval by the Kodiak Island Borough Assembly subject to the conditions of approval set forth below: 1. The location, dimensional requirements and aesthetic mitigation requirements for the proposed use will be determined by negotiation of the lease agreement and established by conditions of approval as part of the required conditional use permit. Page 3 of 3 P & Z: February 16, 1994 Kodiak Island Borough M E M O R A N D U M DATE: FEBRUARY 3, 1994 TO: DUANE DVORAK, CDD a(. FROM: BUD CASSIDY, RM SUBJ: ITEM FOR THE F VARY 16, 1994 P &Z MEETING re: Case 94 -006 Disposal of Borough by lease to Island Communications for a satellite dish, antenna and receiver building. INTRODUCTION Island Communications requests a lease of Borough real property to utilize and locate various components of a multi -media communication site. The details of the request are outlined in a letter to the Borough from Mr. Waller dated January 18, 1994. Specifically, the request is to lease one of two sites on Borough hill to erect and build a 160 foot transmission tower, a 20 foot tall satellite dish, and a 20' x 24' equipment building. These facilities would be used for private for - profit and public non - profit television and radio broadcasts. The Borough Administration is neither a supporter or a detractor of the project. The Mayor feels that any applicant has the right to request the use of KIB property and that the project be brought to the Commission and the Assembly for review. From a land management perspective, the leasing of KIB property to generate revenue can be an appropriate use of public land. Leasing land and keeping it in Borough ownership provides a good interim use of the property until a more definite use is determined. BOROUGH HILL The area requested in this case is in a state of change. It is used for school purposes, but there are three other major uses that occur on Borough Hill, and all are under lease. These uses fall into these three categories: qa \cable Page 1 of 5 1. General office space - Borough, City of Kodiak, and School District administrative offices as well as other government and non - profit office space; 2. Residential /treatment use (dorm apartments operated by the Mental Health Center); and 3. Broadcast operations (public radio and T.V. operated by public radio station KMXT). Of these uses, the communication sector is changing the face of the hill the fastest. In fact, the Borough recently deeded a 19,500 square foot site to KMXT to construct a new studio for their radio /television operations. This studio will be located across the street, from one of the sites requested in this case. Both the publicly owned and privately owned portions of Borough Hill support a large number dishes, towers, and other antennas. A recent count of the communication devices shows 5 large satellite dishes owned by Alascom, KMXT, and the state of Alaska, 5 large transmitter towers about 80 feet tall, a microwave tower and any number of other radio communications antennae and small dishes. The Alascom property adjacent to the dorms has historically been used as a communications site. REVIEW OF THE REQUEST a. Private land vs public land One of the criteria to be considered in this review is the use of Borough land by a private for - profit company versus their need to find a parcel of private land. All alternative sites no matter the ownership should be analyzed. The use of public land can be justified if it presents a superior site (the cost of utilizing public land will not be any cheaper. Borough land will be leased at fair market value). It can be argued, and in fact the case has been made by the applicant, that this elevated location with its advantage of looking toward the south (the vicinity where most of the communication satellites orbit the earth) is an ideal location for communication devices. The value of Borough Hill for this purpose is confirmed by the other similar facilities located here. Though there may be other sites that meet this criteria, these sites are located on other government land. Other sites include the top of Pillar Mountain, City property adjacent to the reservoir, Near Island, and around the Borough building complex. Even the GCI dish is located on leased Coast Guard property. qa \cable Page 2 of 5 b. Compatibility with existing uses How the impacts of a communications facility effect existing uses in the area is and important review criterion. Staff has talked with the School District, Mental Health Director and other users of the hill about the request. There are no plans to utilize the site by any of these users. There has been some discussion about moving more of the Mental Health Offices up from the Griffin Building to the dorm apartments. Along with this move is the need to provide additional parking. Additional future parking can be found at a number of locations around the building. As stated in the letter from Mr. Waller, KMXT has been approached and asked the radio desire to relocate to the tower. Should this occur, a number of the facilities. around Borough hill and the Borough building that support the radio station including a tower will be removed. Maintenance of radio towers is a major cost that the radio station may eliminate by relocating to the new tower proposed in this request. No decision though has been made by the board of the station. c. Compatibility with the surrounding neighborhood. There will be impacts to the surrounding neighborhood. The largest impact will be the 160 foot tower. This tower is twice as tall as the tower adjacent to the front door of the Borough building. The other facilities will create additional impacts but minor in scope compared to the tower. These type of issues will be the subject of a review by the Commission of a Conditional Use Permit should the Assembly agree with the disposal. d. Which site is more appropriate? The applicant is interested in one of two borough sites. Site #1 - Open area between dorm building and high school parking lot. This site is the least appropriate of the two sites. Though it is the flatter of the two sites, this physical feature makes it more attractive for other public uses. Specifically, it could be used to provide the additional parking needed by Mental Health Center should their operations move to the dorm building. The other consideration is that this location is adjacent to Rezanof Drive. The erection of all these facilities at this site will present quite a visual impact to the neighborhood and to the traffic passing by this location. qa \cable Page 3 of 5 Site behind the Dorms This site is the more appropriate of the two because the facilities will not be so visible. It is also closer to the other communication dishes that already exist. KMXT will be constructing their building just across the street and will have similar equipment, or there will be sharing of equipment by both entities. The use of both sites CDD staff makes a case that maybe both sites should be utilized. This recommendation is based on the perceived notion that the impacts of locating all the facilities at one site would be too great. CDD staff also suggests that screening of the facilities should be a requirement. The idea has merit and should be considered during the site plan review to be heard by the Commission should the Assembly approve of this request to lease Borough land. RIB CODE REQUIREMENT FOR LEASING BOROUGH LAND A lease is defined as a contract, by which possession of land and /or building space is given by the owner to another for specified period of time and for a specified rent. In this request the specific use of the property will be spelled out. The Borough Code sets some of the parameters of a lease document. KIBC 18.40.020 allows the Borough to enter into negotiated leases for a period of five (5) years if the rental of the property is five hundred dollars ($500) or less. KIBC 18.40.050 discusses how the rental rate is to be calculated (the prevailing interest rate used in the conventional mortgage market in Kodiak based on fair market value). Other sections provide language on how the rent shall be paid, subleasing, termination etc. The leasing of public land allows the Borough to generate income without disposing the Borough's interest in the property. That is, leasing is used for temporary uses, allowing the generates income until some future need arises. When that occurs, the lease can be terminated and public purpose development can occur. The Borough has a fairly active leasing program. In fact, the majority of uses on Borough hill are leased by the Borough.. Leasing the buildings and grounds help to generate revenue for the borough. The Borough also leases other buildings and grounds around the Borough. BOROUGH RESTRICTED DEED. The site was deeded to the Borough from the state of Alaska with a restricted title that states that the site is to be reserved for public purposes. In an earlier case a private telephone proposed to use this site and provided an attorney's opinion that defined a public purpose to qa \cable Page 4 of 5 0 0 include private companies that provide a public purpose such as utilities or communication. RECOMMENDATION It is recommended that the Commission approve the concept of a leasing both sites for communication purposes and recommend to the Assembly that both portions of U.S.Survey 2539 -A are surplus to the Borough's needs. The final location of the facilities will be determined after review of a site plan qa \cable Page 5 of 5 Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 ISLAND COMMUNICATIONS P.O. BOX 4069 KODIAK, ALASKA 99615 FAX (907) 486 -2484 Attn: Community Development Department We at Island Communications, Inc., have applied for 15 UHF Low Power TV channels from the FCC, and expect to have construction permits within 90 days. From these channels, one will be used for non - profit programming of interest to the Alaska Native community. The second channel will be used to broadcast full service advertiser supported TV, and the remaining channels will make up an over the air wireless cable system. Our service area will consist of the City of Kodiak including both boat harbors, Monashka Bay, the Coast Guard Base, Chiniak, and the surrounding waters with in 40 miles. Island Communications would like to lease property for a transmitter site, in the SW corner of Lot 5A -1, located on Kodiak Island Borough hill. The area of interest is detailed on the inclosed map, along with a site plan. Structures to be located on this property will include a 20' by 24' single level equipment building, one 28' wide satellite antenna, and a 160' free standing transmitting tower. The area will be surrounded by an 8' tall security fence. In addition, negotiations with KMXT have been entered into, to locate their transmitting antennas, along with PBS and Ratnet transmitting antennas on our tower. Satellite reception could also be provided for KMXT, PBS, and Ratnet, from our antenna. This would eliminate three other satellite antennas and two towers, with reduced associated liabilities. Other transmitting sites have been considered, including Near Island, Pillar Mountain, and Spruce Cape. Kodiak Island Borough Hill is the best location that will provide shadow and ghost free signal coverage to the largest area. This site also has the least impact on local flight activities, being away from the down town seaplane base and the municipal airport. 61fz1 ?ti(< January 18, 1994 Sincerely, John M. Waller Simulsat 5 Dimensions ANTENNA TECHNOLOGY i dr/ r, A MOOD A =9' 10" B =9'2" C =7'0" D =6'2" E =6'0" F =16'6" G =27'9" H =20'0" I =711" ELEVATION ANGLE 1128 E Greenway • Mesa, AZ 85203 • (602) 2647275 • Fax: (602) 898 -7667 4M Olt. 4N. February 18, 1994 Mike Waller Island Communications, Inc. P.O. Box 4069 Kodiak, Alaska 99615 Dear Mike: re: Lease of Borough land for a communications site INTRODUCTION This letter lays out the procedure that your request will go through before a lease is granted. It is done to inform you of the process the request will have to go through in your effort to utilize Borough land. It is also written for our benefit as well because the Borough has never gone through this process from start to finish. It also involves a number of different staff and this letter should help coordinate our efforts. I. DISPOSAL OF RIB LAND. A request for disposal requires review by the Commission and the Assembly. The Commission makes a recommendation to the Assembly, but the Assembly is not bound by the Commissions's decision. No public hearing is conducted and no public hearing notices are required by the Borough code. The public does not participate at this stage and in fact may not have any knowledge about the disposal. The public hearing occurs during the Conditional Use Permit (CUP) review. A review for a disposal by lease looks strictly at whether the leasing of public property is a good idea. The nuts and bolts of the project will be reviewed during the CUP review by the Commission. It is felt that there is no need to initiate the CUP process until the request for the disposal is approved by all parties. There is no need for Borough staff to spend what will be considerable time to review the specifics of the project if the Commission and Assembly do not feel that the property should be leased. It also saves you a $200.00 application fee required for the CUP. qa \mike \lease page 1 of 2 Kodiak IslandBorough J 710 MILL BAY ROAD KODIAK, ALASKA 99615.6340 PHONE (907) 0 0 THE APPROVAL OF THE DISPOSAL OF LAND DOES NOT GUARANTEE YOU A LEASE UNTIL THE ENTIRE PROCESS IS COMPLETED. II. CONDITIONAL USE PERMIT A CUP is a review by the Commission that requires a public hearing. Notice is sent to the property owners in the neighborhood asking them to comment on the proposal. We have already discussed the GCI request and the neighborhood opposition that it generated. Your request may or may not generate the same response. We talked about the benefit of contacting the neighborhood about the issue. I'll leave that up to your discretion. A CUP review will look at the nuts and bolts of your request based on the information that you have provided including the site plan proposal. The Commission may approve, deny, modify or approve your site plans with conditions. III. DETERMINATION OF RENTAL VALUE Upon approval of the disposal of Borough land by lease, the Borough Assessor will undertake an review of the parcel to determine the fair market value and fair market rental value. This value will made part of the lease. IV. OTHER PUBLIC NOTICE REQUIREMENTS Upon the determination of value, I will place a notice into the Borough page that states something along the lines of "The Borough is intending to lease a portion of property (legal description to be inserted) at the fair market value of (insert price here). Comments on this proposed lease can be sent to the Office of the Resource Manager at (address inserted here)..." The Borough Attorney requests that this be done to be absolutely sure that we have meet all the requirement s of the Borough code and that no other legitimate interest in the property exist. V. CONCLUSION Only upon the completion of these steps can a lease be negotiated. I say negotiated because there will be requirements in the lease such as insurance that will be needed. As you can tell the leasing of Borough land to private entities is a long process and not such a clear cut process. The Borough has not leased land to a private for - profit entity. You are blazing a new trail and can expect to run into discussions about Borough land policy and what is the policy of the Borough in regard to its lands. qa \mike \lease page 2 of 2 Should you have any questions, call me at 486 -9302. Sincerely, Sz Bud Cassidy Resource Manager cc: Jerome Selby, Mayor Duane Dvorak, CDD qa \mike \lease page 3 of 2 0 �O Meeting of: March 3, 1994 RECOMMENDED ACTION: Adopt Resolution No. 94-09. Kodiak Island Borough AGENDA STATEMENT ITEM NO. 12.B.1. Resolution No. 94-09 RESOLUTION NO. 94-09 SUPPORTING SECTION 1 OF THE SENATE JOINT RESOLUTION NO. 39 PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE STATE OF ALASKA RELATING TO THE INDIVIDUAL RIGHT TO KEEP AND BEAR ARMS As a number of states look at taking away citizen's rights to keep arms, this amendment re- enforces the rights of the people of Alaska to keep and bear arms and help protect the U.S. Constitution 2nd Amendment Rights to Bear Arms. FISCAL NOTES [X) N/A Expenditure Amount Required Budgeted APPROVAL FOR AGENDA: Mavor Introduced by: Requested by: Drafted by: Withdrawn: Introduced: Adopted: KODIAK ISLAND BOROUGH RESOLUTION NO. 94 -09 Assemblymember Austerman Assemblymember Austerman Assemblymember Austerman 02/17/94 03/03/94 A RESOLUTION SUPPORTING SECTION 1 OF THE SENATE JOINT RESOLUTION NO. 39 PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE STATE OF ALASKA RELATING TO THE INDIVIDUAL RIGHT TO KEEP AND BEAR ARMS WHEREAS, the first session of the Eighteenth Legislature for the State of Alaska introduced Senate Joint Resolution No. 1 and Senate Joint Resolution No. 34 amending the Constitution of the State of Alaska relating to the individual right to keep and bear arms; and WHEREAS, the Eighteenth Legislature have consolidated the above Joint Resolutions into Senate Joint Resolution No. 39 amending the Constitution of the State of Alaska relating to the individual right to keep and bear arms; and WHEREAS, this amendment will change the Constitution to state that the individual right to keep and bear arms shall not be denied or infringed on by the State or a political subdivision of the State; and WHEREAS, it is the right of the people to keep and bear arms without intrusion of the government; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: Article 1, sec. 19, Constitution of the State of Alaska is amended to read: Kodiak Island Borough, Alaska SECTION 19. RIGHT TO KEEP AND BEAR ARMS. A well - regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. The individual right to keep and bear arms shall not b- • fringed by the State or a olitic.I • •ivi i •f h- S a 0 Resolution No. 94 -09 Page 1 of 2 0 Section 2: A copy of this resolution be forwarded to the Governor and the Alaska State Legislature. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 1994 Donna F. Smith, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Jack L. McFarland, Presiding Officer Kodiak Island Borough, Alaska Resolution No. 94 -09 Page 2 of 2 SENATE JOINT RESOLUTION NO. 39 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - SECOND SESSION BY THE SENATE STATE AFFAIRS COMMITTEE Introduced: 1/10/94 Referred: STA, JUD, FIN A RESOLUTION 8 - LS 1481\A 1 Proposing an amendment to the Constitution of the State of Alaska to guarantee. 2 in addition to the right of the people to keep and bear arms as approved hs 3 the voters at the time of ratification of the state Constitution, that the individual 4 right to keep and bear arms shall not be denied or infringed by the state or 5 a political subdivision of the state. 6 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 7 * Section 1. Article I, sec. 19, Constitution of the State of Alaska, is amended to read: 8 SECTION 19. RIGHT TO KEEP AND BEAR ARMS. A well - regulated 9 militia being necessary to the security of a free state, the right of the people to keep 10 and bear arms shall not be infringed. The individual right to keep and bear arms 11 shall not be denied or infringed by the State or a political subdivision of the State. 12 * Sec. 2. The amendment proposed by this resolution shall be placed before the voters of 13 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the 14 State of Alaska, and the election laws of the state. SJR039a -1- SJR 19 0 8- LS0590 \K 2d SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 26 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY REPRESENTATIVES MENARD, Willis, Hudson, Sitton, Olberg, Grussendorf, Mulder Introduced: 4/7/93 Referred: State Affairs, Judiciary, Finance A RESOLUTION 1 Proposing amendments to the Constitution of the State of Alaska relating to the 2 individual right to keep and bear arms. 3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 * Section 1. Article I, sec. 19, Constitution of the State of Alaska, is amended to read: 5 SECTION 19. RIGHT TO KEEP AND BEAR ARMS. A well - regulated 6 militia being necessary to the security of a free state, the right of the people to keep 7 and bear arms shall not be infringed. The individual right to keep and bear arms 8 shall not be denied or infringed by the State or a political subdivision of the State. 9 * Sec. 2. Article XV, Constitution of the State of Alaska, is amended by adding a new 10 section to read: 11 SECTION 29. EFFECT OF 1994 AMENDMENT OF SECTION 19 OF 12 ARTICLE I. The 1994 amendment of Section 19 of Article I does not affect or 13 change any law relating to arms that is in effect on the date of ratification of the 1 994 14 amendment of that section, nor does it affect or change the judicial standard of rev 15 applicable to laws relating to the misuse of arms. 16 * Sec. 3. The amendments proposed by this resolution shall be placed before the voters of HJR026c -1- 2d SSHJR 26 HOUSE JOINT RESOLUTION NO. 40 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY REPRESENTATIVES SANDERS, Olberg Introduced: 4/13/93 Referred: State Affairs, Judiciary 8- LS0995\A A RESOLUTION 1 Proposing an amendment to the Constitution of the State of Alaska relating to 2 the individual right to keep and bear arms. 3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 * Section 1. Article I, sec. 19, Constitution of the State of Alaska, is amended to read: 5 SECTION 19. RIGHT TO KEEP AND BEAR ARMS. A well - regulated 6 militia being necessary to the security of a free state, the right of the people to keep 7 and bear arms shall not be infringed. The individual right to keep and bear arms 8 shall not be denied or infringed by the State or a political subdivision of the State. 9 * Sec. 2. The amendment proposed by this resolution shall be placed before the voters of 10 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the 11 State of Alaska, and the election laws of the state. HJR040a 4- HJR sn 0 0 SENATE JOINT RESOLUTION NO. 34 8- LS1050 \E IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION , BY SENATORS LEMAN, Halford, Frank, Jacko, Kelly, Miller, Pearce, Phillips, Sharp, Taylor, Kerttula Introduced: 4/27/93 Referred: STA, JUD, FIN A RESOLUTION 1 Proposing an amendment to the Constitution of the State of Alaska relating to 2 the individual right to keep and bear arms. 3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 * Section 1. Article I, sec. 19, Constitution of the State of Alaska, is amended to read: 5 SECTION 19. RIGHT TO KEEP AND BEAR ARMS. A well - regulated 6 militia being necessary to the security of a free state, the right of the people to keep 7 and bear arms shall not be infringed. The individual right to keen and bear arms 8 shall not be denied or infringed by the State or a political subdivision of the State. 9 * Sec. 2. The amendment proposed by this resolution shall be placed before the voters of 10 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the 11 State of Alaska, and the election laws of the state. SJR 34 -1- SJR034a SPONSOR SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 1 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - SECOND SESSION; BY SENATORS DONLEY, Kelly, Frank, Phillips, Kerttula Introduced: 2/11/94 Referred: STA, JUD, FIN 8- LS0160 \R A RESOLUTION 1 Proposing amendments to the Constitution of the State of Alaska relating to the 2 individual right to keep and bear arms. 3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 * Section 1. Article I, sec. 19, Constitution of the State of Alaska, is amended to read: 5 SECTION 19. RIGHT TO KEEP AND BEAR ARMS. A well- regulated 6 militia being necessary to the security of a free state, the right of the people to keep 7 and bear arms shall not be infringed. The individual right to keep and bear arms 8 shall not be denied or infringed by the State or a political subdivision of the State. 9 * Sec. 2. Article XV, Constitution of the State of Alaska, is amended by adding a new 10 section to read: 11 SECTION 29. EFFECT OF 1994 AMENDMENT OF SECTION 19 OF 12 ARTICLE I. The 1994 amendment of Section 19 of Article I does not affect or 13 change any law relating to arms that was in effect on January 1, 1994, nor does it 14 affect or change the judicial standard of review applicable to laws relating to access 15 to or possession of arms by convicted felons or to the misuse of arms. 16 * Sec. 3. The amendments proposed by this resolution shall be placed before the voters of SJRO01b -1- SSSJR 1 UZ/17/84 15:09 '7807 3434780 1 2 3 CLERK'S OFFICE 4 ?MENDED AND APPROVED 5 Date: 6 `y1o7,iu 8 I1Ia- !`� ANCHORAGE, ALASKA 9 10 A RESOLUTION OF THE ANCHORAGE MUNICIPAL ASSEMBLY SUPPORTING 11 SECTION 1 OF SENATE JOINT RESOLUTION NO. 1 AND SECTION 2 OF SENATE 12 JOINT RESOLUTION NO. 34 PROPOSING AMENDMENTS TO TIES CONSTITt1TION 13 OF THE STATE OF ALASKA RELATING TO THE INDIVIDUAL RIGHT TO KEEP 14 AND BEAR ARMS 15 16 17 WHEREAS, the Eighteenth Legislature for the State of Alaska has introduced Senate 18 Joint Resolution No. 1 and Senate Joint Resolution No. 34 amending the Constitution of the 19 State of Alaska relating to the individual right to keep and bear anus; and 20 21 WHEREAS, this amendment will change the Constitution to state that the individual right 22 to keep and bear arms ball not be denied or infringed by the State or a political subdivision of 23 the State; and 24 25 WHEREAS, it is the right of the people to keep and bear arms without the intrusion of '26 the government. 27 28 NOW, THEREFORE, the Anchorage Assembly resolves: 29 30 Section 1: That this body encourages and supports the passage of Section 1 of Senate 31 Joint Resolution No. 1 and Section 2 of Senate Joint Resolution No. 34 during the second 32 session of the Eighteenth Legislature which commences on January 10, 1994 and that the 33 following modifications to Section 1 be made: 34 persons adjud' ate as mentaiy incompetent, 35 Except for minors, intoxicated persons, convicted felons, /or sensitive l ocations such as 36 schools, premises serving alcohol, correctional facilities or courts, the individual right 37 to keep and bear arms shall not be denied or infringed by the State of a political 38 subdivision of the State. 39 40 Sectiop 2; That a copy of this resolution be forwarded to the Governor and the Alaska 41 State Legislature. 42 43 PASSED AND APPROVED by the Anchorage Assembly this ctltday of 44 January .199.4 46 47 ATTEST: 48 49 50 r' cipalrk 51 52 J EOJ:egj\DOCF /AR01 ANCH ASSEMBLY OF it006/007 Submitted by: Assemblymembers TRA]NI and Campbell Prepared by: Assembly Policy and Budget Office For reading: December 14, 1993 AR NO. 93- 368(S -1) 007:•'007 02/17!94 15:09 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 95 26 97 28 29 30 31 32 33 34 35 .I9 50 01-001 (a«. a/i) IMOA 23 907 3434780 ANCH-ASSEMBLY OF K7 MUNICIPALITY OF ANCHORAGE ASSEMBLY MEMORANDUM No. AM 1364 -93 From: Subject: Mayor Meeting Date: December 14, 1993 AR 93 -368 and AR 93- 368(S) Regarding a Constitu- tional Amendillent Individualizing the Right to sear Arms Th15 Administration strongly supports not only the group right to keep and bear arms, but the individual right; to keep dile tear arms. On the other hand, this Administration supports, for example, some of the existing prohibitions against one carrying a firearm. we support the restriction of carrying a firearm by a convicted felon, or the carrying of a firearm by an intoxi- cated person, or the carrying of a concealed firearm under certain circumstances, or having the possession of a loaded firearm in a bar, or the possession of a firearm by a minor under the age of 16 under certain circumstances, or the carrying of firearms on school grounds, or at sporting events. Now there appears to be split authority on whether or not the language or Wit 1 and SON 34 fulfills the goals triis Adminis- tration as stated above. There ought to be language that could be put in our constitution which would cover both but we have not been able to come up with the specific language to do so. I would suggest that you recommend passage of SJR 34 with a modification to clearly allow the exceptions referred to above and similar exceptions. Concurrence: 4 0 4 1 42 43 44 48 47 Tom Fink 48 Mayor rry D. Craw o icipaa. Manager Respectfully submitted: Prepared by: /chard L. McVei Municipal Atto e M p y AR 93 -368 /AR 93- 368(S) 0 0 FEB 17 '94 12 :54PM FNSB CLERK'S OFFICE Post -It'" brand fax transmittal memo 7b71 q o1 pages • By: RESOLUTION NO. 94-005 Introduced: Postponed: Substituted: Adopted: Notice of Intent to Rescind filed: P.1 /2 Harold Gillam Hank Hove Nanci A. Jones Bob Logan Paul Chizmar Layne St John Cheryl Kilgore Hank Bartos Valerie M. Therrien L.J. Hackenmiller Jim Sampson, Mayor 01/13/94 01/13/94 01 127/94 01/27/94 02/11/94 A RESOLUTION SUPPORTING SENATE JOINT RESOLUTION 34 PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF ALASKA RELATING TO THE INDIVIDUAL'S RIGHT TO KEEP AND BEAR ARMS WHEREAS, the Eighteenth Legislature of the State of Alaska has introduced Senate Joint Resolution 34 (SJR 34) proposing an amendment to the Alaska State Constitution relating to the individual's right to keep and bear arms; and WHEREAS, the amendment will change the Constitution to provide that the individual's right to keep and bear arms shall not be denied or infringed by the State or a political subdivision of the State; and WHEREAS, it is the right of the people to keep and bear arms without the intrusion of the government. NOW, THEREFORE, BE IT RESOLVED that the Fairbanks North Star Borough Assembly encourages and supports the passage of SJR 34 during the second session of the Eighteenth Legislature. FEB 17 '94 12 :54PM FNSB CLERK'S OFFICE P.2 /2 BE IT FURTHER RESOLVED that copies of this resolution shall be sent to the Honorable Walter J. Hickel, Governor, State of Alaska, and all members of the Interior Delegation. ATTEST: PASSED AND APPROVED THIS DAY OF , 1994. Mona Lisa Drexler, CMC /AAE Municipal Borough Clerk RESOLUTION NO. 94 -005 Page 2 of 2 Henry "Hank" Hove Presiding Officer WREN E. BENDLER EL H. BOLGER' WALTER EBELL' DUNCAN S. FIELDS DIANNA R. GENTRY MATTHEW D. JAMIN WALTER W. MASON ALAN L. SCHMITT . ADMITTED TO ALASKA ANO WASHINGTON BARS ALL OTHERS ADMITTED TO ALASKA BAR JAMIN, EBELL, BOLGER, & GENTRY A PROFESSIONAL CORPORATION Re: Right to Bear Arms Resolution Our File No. 4702 -487 ATTORNEYS AT LAW 323 CAROLYN STREET KODIAK, ALASKA 9961 5 TELEPHONE: (907)4.86 FACSIMILE: (907)486-6112 REPLY TO KODIAK OFFICE February 24, 1994 Honorable Jerome Selby, Mayor and Members of the Kodiak Island Borough Assembly Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 ANCHORAGE OFFICE. 1200 I STREET. SUrTE ANCHORAGE, ALMS KA 995C1 TELEPHONE AN D F. (90T) 278 -6 I C United States v. Miller, 307 U.S. 174 (1939). 2 Guild v. Village of Motion Grove, 695 F.2d 261 (7th Cir. 1982). SEATTLE OFFICE 300 MUTUAL LJFE O UILDING 603 FIRST AV EN LE SEATTLE. WASHINGTON 991 0.: TELEPHONE: (206) 622•763•: FACSIMILE. 1206) 62.3 -752 Dear Mayor and Members of the Assembly: This letter is in response to your request for analysis of a proposed resolution supporting a constitutional amendment to Article I, § 19 of the Alaska Constitution. A brief review of the history of the Second Amendment to the United States Constitution is necessary for a full understanding of the effect of the amendment. The Second Amendment to the United States Constitution provides: A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. The Second Amendment was among the provisions of the Bill of Rights which were proposed to the legislatures of the several states by the first Congress on September 25, 1789, and were ratified on December 15, 1791. The Second Amendment has been interpreted to protect a community right to bear arms in order to maintain an organized militia.' The Federal Constitution does not protect an individual right to bear arms for other purposes. For example, a law forbidding the interstate transportation of a sawed -off shotgun does not violate the Second Amendment. The Second Amendment does not forbid any action by state or local governments. For example, a municipal ordinance forbidding the possession of handguns does not violate the Second Amendment.2 Honorable Jerome Selby, Mayor and Members of the Kodiak Island Borough Assembly February 24, 1994 Page 2 Article I, § 19 of the Alaska Constitution is identical to the Second Amendment to the United States Constitution. There are no cases interpreting the state constitution which would suggest that the state provision has any different meaning. The resolution under consideration would support the amendment of Article I, § 19 of the Alaska Constitution by creating an individual right to keep and bear arms which could not be denied or infringed by the state or any political subdivision. The constitutional amendment is intended by its author to grant an individual right to bear arms in addition to the collective societal right? There is no certain prediction of the interpretation which the courts will give to the proposed amendment. The amendment would forbid any municipality from passing any law which would deny or infringe the individual right to bear arms. There is similar language found in the First Amendment to the United States Constitution which states that "Congress shall make no law ... abridging the freedom of speech ... " The proposed amendment to the Constitution appears to elevate the individual right to bear arms to the same constitutional magnitude as the freedom of religion or the freedom of speech. Under the First Amendment, laws which regulate the content of speech are subjected to strict scrutiny. Laws which regulate the content of expression must promote a compelling state interest and the government must choose the least restrictive means to further the articulated interest.' Laws which regulate the time, place or manner of protected free speech must be narrowly tailored to serve the government's legitimate, content neutral interest, but the regulations need not be the least restrictive or least intrusive means of doing so. If the First Amendment cases provide guidance for the interpretation of the proposed amendment, then one could expect that the amendment would require a municipality to demonstrate a compelling state interest to justify certain types of direct regulation of firearms. For example, ordinances prohibiting certain types of firearms or denying firearms to certain classes of individuals could fall into this category. Other ordinances, which regulate the time, place or manner of firearms possession may not be subject to strict scrutiny, but they may be required to be narrowly tailored to ' Anchorage Daily News, December 15, 1993. ° Texas v. Johnson, 491 U.S. 397 (1989). S Sable Communications of California, Inc. v. FCC, 492 U.S. 115 (1989). 5 Ward v. Rock Against Racism, 491 U.S. 781 (1989). Honorable Jerome Selby, Mayor and Members of the Kodiak Island Borough Assembly February 24, 1994 Page 3 serve a legitimate municipal interest. Regulations in this category could include ordinances forbidding firearms in schools or taverns. The Anchorage Daily News article cited above indicates that Police Chief Kevin O'Leary opposed the proposed constitutional amendment on the basis that it would hamstring the ability of local governments to provide certain types of gun control. The Anchorage Municipal Manager and the Municipal Attorney recommended certain specific restrictions to the constitutional amendment so that it would not interfere with several common types of state and municipal firearms regulations. Ultimately, the Anchorage Assembly passed a resolution stating that: ... This body encourages and supports the passage of ... [the proposed constitutional amendment] except for minors, intoxicated persons, convicted felons, persons adjudicated as mentally incompetent, or sensitive locations such as schools, premises serving alcohol, correctional facilities or courts, the individual right to keep and bear arms shall not be denied or infringed by the state or a political subdivision of the state. The Assembly's modification would make it dear that certain types of regulations are expressly reserved to the municipalities and to the state. In summary, the proposed constitutional amendment is intended to add a new individual right to bear arms. The proposed amendment would forbid any municipal ordinance which would infringe or deny that right to an individual. The exact interpretation of the language of the amendment is difficult to predict, but one can safely say that this amendment would add substantial restrictions on a municipality's authority to regulate firearms. JHB:srp 47024487L.001 Sincerely yours, JAMIN, EBELL, BOLGER & GENTRY Joel H. Bolger 4 199,i FAX COVER COMMENTS: Representative Cliff Davidson Sr ,R Capitat, Room 400 Juneau, Alaska 99t;u1 Phone: (907) 465-2487 Fax: (907) 465 - 3818 ;O: D f City Cletk,Koctiak i r FROM: JZeXLC_ti Uavids Office PAGES: (excluding cover sheet) 5 PHONE: 4t;5-24R7 Donna: This is in reply to aMarch 1,1994 information request made by Mike Milligan. Mike asked whether the House and Senate resolutions relating to an ir.diviclual's right to keep and bear arms (5JR 39 and HJR 4U) would preempt or disenfranchise a ioca municipal government from Enacting legislation regarding the carrying of Sul tcea ied s. eapons. I , ,11 taxing you the result of Legislative Counsel Jack Chenowith's reply to the i.rtfom rN� 1 triads. Mike wanted to share this information with the Assembly at your next meeting. It the are any other questions I can help you with, please don't hes,.late to call Kim Metcalfe -�' aide /Rep. Cliff Davidson 1 0 2 1994 (907) 465.3867 Or 465 -2450 TAX (907) 10.5-.?029 Mail Stop 3101 MEMORANDUM SUBJECT: TO: FROM: Jack Chenoweth Legislativ uivISION OF LEGAL SERVICES LEGISLATIVE AFFAIRS AGENCY STATE OF ALASKA March 2, 1994 House Joint Resolution 40, relating to the individual right to keep and bear arms (Work Order No, 8- IS0995\A) Representative Cliff Davidson ATTN: Kim Metcalfe Helmar Your inquiry of yesterday indicat d concern that the language of HJR 40 would preclude the legislature and local governments from being able to regulate firearms and legislate on topics such as possession of arms in conjunction with commission of criminal activities and the carrying of concealed weapons. I agree that, read by itself, HJR 40 would appear to cast doubt urr the ability of state and local legislative bodies to adopt enactments on a range of these topics. Quick research has identified six other jurisdictions in which there are state constitutional provisions stating that the right to keep and bear arms may not be infringed. They are: Georgia: article 1, section I, paragraph 8: The right of the people to keep and bear arms shall not be infringed, hut the General Assembly shall have power to prescribe the manner in which arms may be borne, Hawaii: article 1, section 17: A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. 130 Seward _s( Suih arf; Ju Ale4ika x.9,501 -..0) rcepresentdtwe Cliff Davidson March 2, 1904 Page 2 Louisiana: article I. section 11: The right of each citizen to keep and bear arms shall not be abridged, but this provision shall not prevent the passage of laws to prohibit the carrying of weapons concealed on the person, North Carolina: article I, section 24: A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arras shall not be infringed; . Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice, Rhode Island: article T, section 22: The right of the people to keep and bear arms shall not be infringed. South Carolina, article i, section 26: A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not he infringed. As you may readily see, the language of the Hawaii, North Carolina, and South Carolina provisions is very close to the language of Alaska's current constitutional provision, article I, section 19, while the Rhode Island provision is snbstantially similar to this state's provision as it would read if amended by IHJR 40. Unfortunately, I was unable to find any cases that discuss, analyze, or explain the Hawaii or South Carolina provisions, so these constitutional sections are of little value for purposes of this discussion. Case law in the remaining four of these states may be helpful. Note, first, that, in Georgia, Louisiana, and North Carolina the state's constitutional guarantee of a right to ker.p and bear arms has been modified by further clarifying language in the respective provisions to assure that the legislature's ability to regulate possession and use of weapons is not limited. The presence of the additional language may have influenced the courts to temper any inclination to give the respective provision an absolute interpretation. In Georgia, the constitutional paragraph cited contains a second clause explicitly specifying that "the General Assembly shall have power to prescribe the manner in uavic'son March 2, 1994 Page 3 which arms may be borne." This latter provision was cited by the Georgia Supreme Court as sufficient to justify imposition of reasonable regulation of the i ht to keep and bear arms: g Cp Where a state Constitution in terms provide:, in connection with the right to bear arms, that the state may regulate this right, or may regulate the manner of bearing arms, these words expressly recognize the police power in direct connection with the constitutional decra- tion as to the right. But even where such declarations do not occur, it has been held that the different provisions of the Constitution must be construed together, and that the declaration or preservation of certain rights is not to be scgregited and treated as arbitrary, but in connec- tion with the general police power of the state, unless the Ianenage of the instrument itself should exclude such a construction. Strickland v. State, 72'S.E. 260 (Ga. 1911), at 262. In Georgia, at least, the language of the additional clause lends suppon t to the court's conclusion that additional reasonable regulation is permissible under the police p4Wer. See nkkn, Glenn v. Suite. 72 S.E. 927, 929 (Ua. 1911); Carson v. State, 247 S.E.2d 68, 72 -73 (Ga. 1979); Landers v. State, 299 S.E.2d 707, at 709 -710 (Ga. 1983). ) In 1.0iti,siana, the constitutional provision further specifies that "this provision shall not prevent the passage of laws to prohibit the carrying of weapons conceal-.‘l on the person." State v. Amos, 343 So.2d 166 (La. 1977), upheld a Louisiana statue making it unlawful for a person convicted of a serious felony (defined by law) to possess a firearm or carry a concealed weapon, against defendant's assertion that the. statute violated the constitutional provision guaranteeing the right of a Louisiana citizen to bear arms. Said the court: The right to keep and hear arms, like other rights guaranteed by our State constitution, is not absolute. We have recognized that such rights may be regulutc;d in order to protect the public health, safety, morals or general welfare so long as that regulation is a reasonable one,, It is beyond question that the statute challenged in the instant case was passed in the interest of the public and as an exercise of the police power vested in the legislature. . We are satisfied that it is reasonable for the legislature in the interest of public welfare and safety to regulate the possession of firearms for a limited period of time by citizens who have committed certain specified serious felonies. Courts of other states having statutes and constitutional provisions comparable to our own have similarly concluded that such regulation is constitutionally permissible as a reasonable and legitimate exercise of police power. nepte etttative c,_.1!tt Davidscn March 2, i')94 Page 4 For the foregoing reasons, we are satisfied that [the statute] does not impermissibly eontravcnc tl,c rights guaranteed m La. Const. art. 1, sec. 11 (1974), 343 So.2d 166, at 168. See also, State v. Cobb, 428 So.2d 935 (La.App. 1983). The North Carohnu Suprcrnc. COLE t reviewed the history of the right of a citizen of that state to carry arrns in State v. Dawson, 159 S.E.2d 1 (N.C. 1968). it concluded that the concluding sentence declaring "Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from cnact'tig penal statutes against that practice," added by the Constitutional Convention of 1875, was . . undoubtedly `a matter of superabundant caution, insrrted to prevent a doubt, and that, unexpressed, it would result from the undefined police powers, inherent in all governments, and as essential to their existence as any of the muniments of the bill of rights.' Haile _. State. 38 Ark, 564, 567 (1884 In any event, it is inconceivable that the Constitutional Convention (of 1875], which expressed its disapproval of the practice of carrying concealed weapons, intended to egalize acts which had previously been criminal. Dawson, 159 S. E.2d 1, at 11. The Dawson decision, like the line of Georgia cases cited, finds that the guarantee of the right to keep and bear arms is to he understood and construed in connection with the constitutional duty of the State of North Carolina to preserve pubic peace. The language of the Rhode Island provision perhaps offers the only direct analogy. And the decision of that state's Supreme Court in State v, Storms, 308 A.2d 463 1.973), follows the line of reasoning and reaches a conclusion generally comparable to those reached in Georgia, f .r iiisiana, and North Carolina, Styli Ins, convicted of unlawfully and without a permit carrying a pistol, contended that the statute under which he was charged and convieted was unconstitutional. Storms did not argue that his right to possession of the pistol was protected by the Rhode IsInnC1 constitution provision cited; the. Court posited the argument, then suggested that, even if Storms had presented it, the argument likely would have failed: Moreover, defendant, even had he relied upon art. 1, sec, 22 of the state constitution which safeguards the right of the people to keep and bear arms, might not be on sound ground. Then he would have been burdened with persuading pis of the weakness of what is apparently the prevailing view, viz., that a constitutional guarantee to keep and bear arms is not infringed upon by legislation which, in broad terms, forbids the unlicensed carrying of a pistol or revolver upon one's person excepting only in his home and place of business or upon his land. .. . March 2, 1994 Page 5 Clearly, the Legislature, in the interest of the public safety and welfare, was empowered to enact such legislation. United States v. Miller, 307 U.S. 174, 59 S.Ct. 816, 83 L-Ed. 1206 (1939). 308 A.2d 463, at 464, 466 (other use citations omitted). The thrust of these derision, rid of others involving similar pluvisiotts in other jurisdictions that were cited but not reviewed, strongly implies that Alaska's courts would probably not construe the amendment made by prohibiting the state from exercising other powers reasonably ne 40 lttolt�r`�tect public safety and welfare. However, that is only speculation on my part and, to provide guidance on interpreti the proposed amendment, members of the legislature debating and voting on HJR 40 should make certain that the record of their debate reflects the mcintiets' understanding on this point. JBC:m.i:p1 94- 047.mai TO: Dear jack: ' ,A>LASKA �� . INJ'ERIA'IiONAL • AR Mr. jack McFarland President The Kodiak Island Borough Assembly PROM: Mr. Don Kubley, President A.1.M. DATE: March 3„ 1994 SUBJECT: BOROUGH SUPPORT FOR S.J.R. 39 Most respectful yours, J / Do ubley President Alaska International Marketing 15945 Glacier Highway Juneau, Alaska 9 , )801 Phone (907) 789 -9273 Fax (907) 789 -0190 S.Q.R. introduced by the Senate State Affairs Committee passed the Senate yesterday very strongly. In fact this was one of the few issues that has come before the Senate this year where the vote was not split down party lines. The vote was 16 yeas and 3 neas. Considering the conservative makeup of the leadership In the House of Representatives, and after "feeling the water" at that end of the 2nd floor, I would predict it will fly smoothly through that body also, 1 don't anticipate any resistance in the Governor's office and feel he will sign it without any problems at all. Accordingly, 1 don't see any reason you should not use your K.I.B. resolution No. 94 -09 in support of this legislation. On the contrary, when you agree with a bill and you know it has the strong support of both the majority and minority it is always appreciated and remembered by the authors of a bill when you support a piece of their legislation, If asked, I will get copies of your resolution into the hands of the Legislative leaders handling this bill and the Governor's Office, if you would like me too. Best regards. Expens in Governmental Relations, Legislative Lobbying & International Resource Dcvelopmeni 0 WALTER J. HICKEL Mr. Giovanni Tallino P.O. Box 4496 Kodiak, AK 99615 Dear Mr. Tallino: With best regards. STATE OF ALASKA OFFICE OF THE GOVERNOR JL:NEAT. February 25, 1994 When it comes to meeting the basic responsibilities of Alaska's government to its citizens, there is nothing more important than ensuring Alaskan families are safe in their homes and neighborhoods. This means making certain Alaska has laws in place that not only punish criminals, but that enable Alaskans to defend themselves, if necessary. To this end, l wanted to share with you my support for several resolutions and bills that may be of interest to you. There are five resolutions that will amend the Alaska Constitution to secure an individual's right to keep and bear arms. Traditionally, Alaskans are the most responsible gun owners in the country. I wholeheartedly endorse these resolutions because they will give Alaskans the opportunity to amend their Constitution to provide them with this fundamental right. HB 351 and SB 237 will broaden when Alaskans can carry a concealed weapon. According to sponsors of this legislation, the purpose is to promote responsible gun ownership - -and not to just put more guns on the street. As these bills work their way through the legislative process, my administration is working hard with the Legislature to ensure that the concerns of public safety officials are adequately considered, while at the same time, ensuring that law - abiding Alaskans will have the tools to responsibly protect themselves. I am confident that these two goals can be achieved. I look forward to seeing a bill an my desk that I can sign into law. Should you have any questions during the legislative session concerning these or other legislative issues, please contact Raga Elim, Legislative Liaison, in my office at 465 -3500. Sincerely, Walter . Hickel Governor BC7, c= Meeting of: March 3, 1994 ITEM TITLE: Approval of the disposal of an interest in Borough land, by license, for fair market value, consisting of a portion of Devil's Prong right -of -way, by Lot 8, Block 4, Mountain View Subdivision, Second Addition. SUMMARY STATEMENT: This request was initiated by the property owners. A recent as- built survey indicates that the well system and other improvements are located inside the Devil's Prong right -of -way. At their February 16, 1994 regular meeting the Planning and Zoning Commission adopted a resolution recommending approval of this disposal request. The information considered by the Planning and Zoning Commission related to this disposal request, and their recommendation, is attached. FISCAL NOTES [X] N/A Expenditure Required -0- General Fund N/A Account APPROVAL FOR AGENDA: Ma - - RECOMMENDED ACTION: Move to adopt Resolution 94- 11 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 12.B.2. Resolution No. 94 - 11 0 0 C\2 CO o ��oC1 �oEw" s z,c�w I re n N 3� w ,�ra9 o 1 1604 7' 141 1 499 t 819 1593 }563 pn N MSl �o SISTERS 943 o � } a N tp n ONO�fd 9992 9092 gs Z£9Z 92 N � o °D 1818 N lk N c N 190' sszr sssc 1s�� _ N r ti~ v N < in r N �r Spt2 ry18 .o n O SL9l 55f1 0 0 KODIAK ISLAND BOROUGH RESOLUTION NO. 94 -11 Introduced by: Mayor Selby Requested byResource Manager Drafted by: Community Development Department Introduced: 03/03/94 Adopted: A RESOLUTION DIRECTING THE DISPOSAL OF AN INTEREST IN KODIAK ISLAND BOROUGH LAND, BY LICENSE, FOR FAIR MARKET VALUE OF A PORTION OF DEVIL'S PRONG RIGHT -OF -WAY NEAR LOT 8, BLOCK 4, MOUNTAIN VIEW SUBDIVISION, 2ND ADDITION (2632 DEVIL'S PRONG) WHEREAS, The Kodiak Island Borough Planning and Zoning Commission has recommended that the Kodiak Island Borough Assembly dispose of an interest in land, by license, of a portion of Devil's Prong right -of -way near Lot 8, Block 4, Mountain View Subdivision, 2nd Addition; and WHEREAS, this disposal, by license, is needed to accommodate an existing well and other improvements located in the Devil's Prong right -of -way; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The mayor is authorized to execute the disposal, by license, for fair market value of a portion of the Devil's Prong right -of -way, near Lot 8, Block 4, Mountain View Subdivision, 2nd Addition, to accommodate an existing well and other improvements related to the dwelling on the referenced lot, subject to the following conditions: 1. The license is revocable at any time; 2. The Kodiak Island Borough will be held harmless; 3. Should a new well be installed on the property due to failure of the existing well or for any other purpose, the new well will be located on the parcel; and Kodiak Island Borough. Alaska Resolution No. 94-11 Page 1 of 2 ATTEST: 4. The license will be recorded and made part of the property's permanent record. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 1994 Donna F. Smith, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Jack L. McFarland, Presiding Officer Kodiak Island Boron, Alaska Resolution No. 94-11 Pape 2 of 2 0 Hiroyuki and Tiffany Takao P.O. Box 3238 Kodiak, Alaska 99615 RE: Case 94 -004. Review by the Planning and Zoning Commission, in accordance with Section 18.20.030 (Review by Commission) of the Borough Code, of a disposal of interest in a Borough right-of-way by license, for fair market value, to permit the encroachment of a 5' x 5' well house and other residential improvements in the Devil's Prong right -of -way. Lot 8, Block 4, Mountain View Subdivision, 2nd Addition. 2632 Devil's Prong. Dear Mr. & Mrs. Takao: The Kodiak Island Borough Planning and Zoning Commission at their meeting on February 16, 1994, moved to forward the request cited above to the Borough Assembly, recommending approval, by adopting the following resolution: Now Therefore, be it resolved by the Kodiak Island Borough Planning and Zoning Commission, That the disposal by license, for fair market value, of a portion of the Devil's Prong right-of-way near Lot 8, Block 4, Mountain View Subdivision 2nd Addition, to accommodate an existing well and other improvements related to the dwelling on said lot, is recommended for approval by the Kodiak Island Borough Assembly subject to the conditions of approval set forth in the Resource Management Officers memorandum dated February 7, 1994 by reference. The conditions are as follows: 1. The license is revocable at any time: 2. The Borough will be held harmless; Kodiak IslandBorough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE . (1 February 17, 1994 9 �\do►�i i `v ti U4 o° N 3 v = !- TN J� jj� r i DATE: TO: FROM: SUBJECT: CASE: APPLICANT: REQUEST: LOCATION: ZONING: Case 94-004 Kodiak Island Borough MEMORANDUM January 31, 1994 Planning and Zoning Commission Community Development Department ` Information for the February 16, 1994 Regular Meeting 94 -004 BACKGROUND New Business V1II -A Hiroyuki & Tiffany Takao Review by the Planning and Zoning Commission, in accordance with Section 18.20.030 (Review by Commission) of the Borough Code, of a disposal of interest in a Borough right - of-way by license, for fair market value, to permit the encroachment of a 5' x 5' well house and other residential improvements in the Devil's Prong right-of-way. Lot 8, Block 4, Mountain View Subdivision, 2nd Addition. 2632 Devil's Prong. RR1- -Rural Residential One This request was initiated to provide for a 5 foot by 5 foot well and well house located near the centerline of the Devil's Prong right-of-way. This well and other improvements in the right-of-way were developed in support of the dwelling unit located on nearby Lot 8, Block 4, Mountain View Subdivision 2nd Addition. These encroachments were identified by staff on an as -built survey that was provided for a related variance request (Case 94 -005). The Devil's Prong right-of-way is a dedicated public access that is controlled by the Kodiak Island Borough. Encroachments into the right -of -way can only be permitted when they do not conflict with public use of the dedicated access and have little chance of affecting future right -of -way access and utility development. Although this disposal is a relatively minor issue, the Borough Attorney recommends that all such cases be reviewed by the Planning and Zoning Commission. Staff visited the site on February 2, 1994, accompanied by the Borough Resource Management Officer. Staff jointly determined that the well location does not impact the existing road nearby, however, it will conflict with future access development due to its location near the centerline of Devil's Prong right -of -way. The existing road at this location is almost entirely outside the Page 1 of 2 P & Z: February 16. 1994 right-of-way opposite the dwelling on Lot 8. The Borough does not have any immediate plans to relocate the road within the right -of -way. At such time the road is relocated, the well will have to be moved to a location within Lot 8. Staff notes on the as -built survey dated April 6, 1993, that an alternate well on Lot 8 has already been provided for. The alternate well has not been connected to the dwelling at this time. Other improvements have also been developed in the right -of -way such as parking, a stairway, and a rock retaining wall. These improvements will also need to be relocated when Devil's Prong right-of-way is properly relocated within the dedicated right -of -way. The Borough Resource Management Officer has provided a discussion of the issues surrounding this disposal of interest in a Borough right-of-way by license (attached). Based on the information provided by the Borough Resource Management Officer, staff recommends the Commission adopt a resolution by motion to recommend the disposal of a portion of the Devil's Prong right -of -way near Lot 8, Block 4, Mountain View Subdivision 2nd Addition, subject to conditions. Should the Commission agree with the staff recommendation, the appropriate motion is: Case 94-004 RECOMMENDATION APPROPRIATE MOTION New Business VIII•A Move to adopt the following resolution containing a recommendation to the Borough Assembly regarding the land disposal reviewed by the Commission in Case 94 -004. Now Therefore, be it resolved by the Kodiak Island Borough Planning and Zoning Commission, That the disposal by license, for fair market value, of a portion of the Devil's Prong right -of -way near Lot 8, Block 4, Mountain View Subdivision 2nd Addition, to accommodate an existing well and other improvements related to the dwelling on said lot, is recommended for approval by the Kodiak Island Borough Assembly subject to the conditions of approval set forth in the Resource Management Officers memorandum dated February 7, 1994 by reference. Page 2 of 2 P & Z: February 16, 1994 0 0 0 DATE: TO: THRU: FROM: SUBJECT: MEMORANDUM FEBRUARY 7, 1994 PLANNING AND ZONING COMMISSION DUANE DVORAK, CDD BUD CASSIDY, RMO 4 a - ' ITEM FOR THE FEBRHAF Y 16, 1994 REGULAR MEETING RE: CASE 94 -004 Request to use the right -of -way of Devil's Prong for well purposes. Adjacent to Lot 8, Block 4, Mountain View Subdivision, 2nd Addition. INTRODUCTION This request to use Borough right -of -way for water well purposes has occurred in the past and should be reviewed identically to those cases. In all circumstances the wells drilled to provide drinking water for residential structures were not located on the private parcel, but in public road right-of- ways adjacent to the lots. In many cases the property owners did not know where their property lines were located but felt that by drilling far enough away from the actual usable surface of the road the well would be located on the private parcel. What these individuals might have failed to realize is that the right -of -ways are significantly wider than the actual road surface. Generally these are not new wells, but wells drilled many years ago. PRIVATE IMPROVEMENTS ON PUBLIC ROADWAYS A solution to the problem of private improvements encroaching onto a public roadway is to issue a "Revocable Permit" that grants the party the permission to use public property until there is a greater public need. If that need arises the well, as in this request, or any other improvements would have to be relocated. When the permit is issued, it is recorded at the courthouse and made part of the official property record and title report. This action is taken so that subsequent owners of the parcel are aware of the situation and know in advance that they may be responsible to relocate the well in the future. WELL LOCATION As demonstrated on the as -built survey submitted in this request, the well house is located approximately 30 feet into the right-of-way and at the foot of a steep hill. It is also located approximately 30 feet from the actual surface of Devil's Prong Road. It is located here because the existing road is out of the right-of-way and constructed on private property. This is the original road and it is located on private property because this is where there is space available to build the road. To relocate the road into the right -of -way requires re- routing the stream and maybe cutting into the hillside. KIB CODE SECTIONS Borough code section 18.10.030 outlines the commission's role in reviewing the disposal of Borough land. The word "disposal" is defined in Section 18.20.170 as any transfer of real property.... "Real Property" is defined in this same section as any interest in real property...including but not limited to fee. easement. or leasehold interest. and a revocable license of permit to use real property. This section clearly establishes that the commission has a role in reviewing any and all disposals of Borough interest in public property. DEFINITION OF' LICENSE The Borough is proposing to issue a REVOCABLE LICENSE in this case. A license or permit is defined in THE LAW OF EASEMENTS AND LICENSES IN LAND as "the permission or authority to do a particular act or series of acts upon the land of another... ". Licenses are temporary in nature and in fact can be viewed as a privilege granted by one party that can be revoked at any time by the other party. In this request, it is suggested that a license be issued with certain conditions that allow the well to remain until there is a greater public need for the property. These public needs might include items such as water and sewer lines, power, cable or telephone lines and roads and ditches. The real importance in issuing permits in these types of cases is that it documents the unauthorized use occurring on Borough lands and requires the user to hold the Borough harmless from liabilities that may occur. Though a private property owner may gain title to land of another, if an Page 2 of 3 0 0 0 unauthorized use occurs for a long time period, this legal doctrine known as "adverse possession" generally does not occur when using public property. I say generally because recent case law suggests the public entities should act when they are aware of unauthorized uses or lose the property. ANALYSIS In analyzing this case, it was clear that the well is significantly off the private lot and in the right -of -way of Devil's Prong but, it is away from the actual road bed. It is separated from the road by a creek, and does not present any form of hazard to traffic. A permit to cover this request has been used in the past on similar issues and should be used in the future to cover other improvements found in the public right-of-ways. The Borough should not condone the use of, and in fact guard against the unauthorized use of its rights -of -ways. Cases such as this one are generally the exception not the rule. The lending institutions, when lending money to new owners, are self-policing the issue. They are concerned enough about loaning money on structures located off private parcels and many times require the improvements to be relocated. It is usually the older structures such as this one that are built out of pocket with no bank financing that are the source of the problem. When these structures finally find their way onto the market, the banks that lend to potential buyers will require as -built surveys. It is only then that these encroachments are found. RECOMMENDATION It is recommended that the commission grant this request. This approval should include the following conditions: 1. The license is revocable at any time; 2. The Borough will be held harmless; 3. Should a new well be installed on the property due to failure of the existing well or for any other purpose, the new well will be located on the parcel; and 4. The license will be recorded and made part of the property's permanent record. r tRev Pa • e 3 of N • • KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JANUARY 19, 1994 L CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Acting Chair Jerrol Friend on January 19, 1994 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Others Present: Jerrol Friend, Acting Chair Jon Aspgren Tuck Bonney Pat Szabo Commissioners Absent: P & Z Minutes: January 19, 1994 None Three positions vacant. MINUTES Linda Freed, Director Community Development Dept. Duane Dvorak, Associate Planner Community Development Dept. Eileen Probasco, Secretary Community Development Dept. A quorum was established. III. APPROVAL OF AGENDA Staff reported the following additions to the agenda: IX COMMUNICATIONS A) Letter dated December 29, 1993 to Pending Rural Development Rezone Applicants, from Linda Freed, RE: Revised zoning regulations for C-- Conservation and RD- -Rural Development districts. B) Municipality of Anchorage Ordinance No. 93- 124(S -3), adopted December 14, 1993, RE: Amending provisions of the Anchorage Municipal Code relating to initiation of code enforcement actions by private citizens. C) Letter dated December 23, 1993 to DeWitt Fields, Kodiak Livestock Co -op President, from Bob Scholze, RE: Violations on Lot 3, Block 4. Tract A, Bells Flats Alaska Subdivision. D) Letter dated January 6, 1994 to Jerry and Penny Lampt from Bob Scholze, RE: Storage of wrecked cars on Lot 15A. t' S Survey 3098. Page E) Letter dated January 13, 1994 to Rick Bundy from Bob Scholze, RE: Illegal dwellings on Lot 15, Block 7, Monashka Bay Subdivision. COMMISSIONER ASPGREN MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER SZABO MOVED TO ACCEPT the minutes of the December 15, 1993 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case 94 -001. Request for a variance from Section 17.18.050 C. (Rear Yard) of the Borough Code to permit an existing garage addition to project 8.2 feet into the required 10 foot rear setback on a nonconforming lot with only 4,669 square feet of area. Lot 13, Leite Subdivision. 1311 Mission Road. P & Z Minutes: January 19, 1994 DUANE DVORAK indicated 50 public hearing notices were mailed for this case and 5 were returned, 1 opposing, 3 stating non - objection and 1 requesting further information on this request. Staff reported that the applicants had submitted a letter requesting postponement of this case until the February 16, 1994 meeting to allow for a full commission to hear their request. Staff concurred, and recommended postponement ,.f this case. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER SZABO MOVED TO POSTPONE action n Case 94-001 until the February 16, 1994 regular meeting to schedule it for another public hearing at that time. The motion was seconded and CARRIED by unanimous call vote. B) Case 94 -002. Planning and Zoning Commission review accordance with Section 18.20.030 A. (Review by Commis.; of the Borough Code, of the disposal for fair market value ► , i Borough lands on Shuyak Island as described in the Sta tr t Alaska final decision document dated May 4, 192 amended by ADL 37988, dated September 27, 1985. Gen located on Shuyak Island. F. • • P & Z Minutes: January 19. 1994 DUANE DVORAK indicated no individual public hearing notices were mailed for this case but that notice was published in the local newspaper. Stag' recommended the Commission adopt a resolution recommending that the Borough Assembly approve this disposal. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO ADOPT the following resolution containing a recommendation to the Borough Assembly regarding the land disposal reviewed by the Commission in Case 94 -002, and to adopt the findings in the staff memo dated January 3, 1994 as "Findings of fact" for this case. WHEREAS, about 27,000 acres of Kodiak Island Borough land on Shuyak Island has been identified as high value habitat that will benefit the recovery of resources and services injured by the Exxon Valdez oil spill, and; WHEREAS, the Borough Administration has determined that all Borough land on Shuyak Island is surplus to the needs of Borough residents, so long as the land is maintained in pubic ownership, and; WHEREAS, the proposed use of the lands acquired by the Trustee Council (as indicated in the Memorandum of Agreement and Consent Decree executed between the United States and the State of Alaska and approved and entered by Judge Holland on August 28, 1991) is consistent with the goals and objectives of the 1986 Shuyak Island Comprehensive Plan, and; WHEREAS, compensation for Shuyak Island Land, at fair market value, will benefit all residents of the Kodiak Island Borough consistent with the intent of the state land entitlement at the time of incorporation, and; WHEREAS, The Kodiak Island Borough Planning and Zoning Commission, having reviewed the pertinent facts relating to this land disposal, wishes to recommend that the Borough Assembly dispose of all Borough interest to Shuyak Island Lands for fair market value; Now Therefore, be it resolved by the Kodiak Island Borough Planning and Zoning Commission, That the disposal, for fair market value, of all Borough Land, on Shuyak Island, as described in the State of Alaska final decision document dated May 4, 1982 and amended by At)l_ 37988, dated September 27, 1985, is recommended 1, ,r approval by the Borough Assembly. Page 3 FINDINGS OF FACT The disposal of Kodiak Island Borough land on Shuyak Island is needed and justified because: 1. The disposal will ensure the land is available to the public for recreation purposes, consistent with the goals and objectives of the 1986 Shuyak Island Comprehensive Plan. 2. Disposal of Shuyak Island land to the Trustee Council will provide valuable habitat to support and augment lands damaged by the Exxon Valdez oil spill. 3. Disposal of Shuyak Island land to the Trustee Council will eliminate the possibility of disposing Borough land on Shuyak to private ownership. 4. Disposal of Shuyak Island land to the Trustee Council precludes the possibility of resource extractive development, such as mining, logging and quarrying. 5. Disposal of Shuyak Island land will benefit Borough residents and fulfill the intent of the Borough's land entitlement at the time of incorporation. 6. The use of the land for habitat protection and recreation are public property uses that are beneficial to the Borough. The motion was seconded and CARRIED by unanimous roll call vote. C) Case S93 -034. Request for preliminary approval of the vacation of Lots 3F and 3G, Block 2, Bells Flats Alaska Subdivision, creating Lots 3F -1, 3F -2, 3F -3, and 3F - 4, Block 2. Bells Flats Alaska Subdivision. 876 & 883 Preston Lane (Postponed from the November 17, 1993 and December 15, 1993 regular meetings). DUANE DVORAK indicated 50 public hearing notices were mailed for this case and 2 were returned, 1 opposing and 1 stating non - objection to this request. Staff reported that the applicant had called from Anchorage this afternoon requesting postponement of this case until the February 16, 1994 regular meeting because he was not able to be present tonight. Staff concurred and recommended postponement. Regular Session Closed. Public Hearing Opened: Nancy Padget, nearby property owner, appeared before the Commission and urged them to carefully consider comments they might receive from ADEC concerning the stream on these lots, before they make a decision on this case. Public Hearing Closed. Regular Session Opened. P & Z Minutes: January 19, 1994 Page 4 “i v • • • P & Z Minutes: January 19, 1994 COMMISSIONER BONNEY MOVED TO POSTPONE action on Case S93 -034 until the February 16, 1994, regular meeting, and reschedule it for another public hearing at that time. The motion was seconded and CARRIED by unanimous roll call vote. D) Case S93 - 036. Request for preliminary approval of the subdivision of Lot 7, U.S. Survey 3099, creating Lots 7A & 7B, U.S. Survey 3099, and defining the Cutoff Road right-of-way and utility easement. 2625 Spruce Cape Road (Revised and postponed from the December 15, 1993 regular meeting). DUANE DVORAK indicated 28 public hearing notices were mailed for this case and none were returned. Staff recommended preliminary approval of this subdivision request, subject to conditions. Regular Session Closed. Public Hearing Opened: Petrina Peterson appeared before the Commission to answer questions and to express support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER SZABO MOVED TO GRANT preliminary approval of the subdivision of Lot 7, U.S. Survey 3099, creating Lots 7A & 7B, U.S. Survey 3099, and defining the Cutoff Road right -of -way and utility easement, subject to the conditions of approval contained in the staff report dated January 12. 19')4 and to adopt the findings contained in the staff report dated January 12, 1994, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Remove or relocate the accessory building on prop .i 1 Lot 7B to a legal location. 2. Relocate the underground fuel tank on proposed L) t 7!i to the lot that it presently serves. 3. Include a plat note on the final plat which states: "Development of Lot 7B will be restricted to such a that a new water service can be installed for it (K 113 c .. . , 13.01.030.)" FINDINGS OF FACT 1. This plat meets the minimum standards of Nil:. accuracy and proper preparation of plats required in 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 Borough Code. E) Case S93 - 018. Request for Review of a revised plat for the subdivision of Lot 1, Block 3, Kadiak Alaska Subdivision, First Addition, creating Lots 1A - 1J, Kadiak Alaska Subdivision, First Addition. 3382 Sharatin Road. P & Z Minutes: January 19, 1994 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. The motion was seconded and CARRIED by unanimous roll call vote. DUANE DVORAK indicated 23 public hearing notices were mailed for this case and 2 were returned, 1 opposing tree cutting on the lot and 1 stating non - objection to this request. Staff recommended preliminary approval of this request, subject to conditions. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO GRANT preliminary approval for a revised plat of the subdivision of Lot 1, Block 3, Kadiak Alaska Subdivision, First Addition, creating Lots IA - 1J, Block 3, Kadiak Alaska Subdivision, First Addition, subject to the conditions of approval contained in the staff report dated January 12, 1994, and to adopt the findings contained in the staff report dated January 12, 1994, as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 1. Increase the width of the electrical utility easement along Sharatin Road and Carroll Way to 10 feet. 2. Provide a 5 foot electrical utility easement along the frontage of Eggemeyer Circle. 3. Provide a 27 foot by 10 foot anchor /downguy easement on Lot 1C as requested by KEA in the letter dated December 28, 1993. 4. Modify the plat note to restrict the access to all lots in the subdivision to Eggemeyer Circle. 5. Per Section 16.80.100 (Exceptions to Minimum Standards) of the Borough Code, submit an engineered intersection plan to the Borough Engineering and Facilities Director in order to obtain an exception to Sections 16.80.050.B and 16.80.050.D.1. Page 8 r.1 P & Z Minutes: January 19, 1994 6. Any change from the approved drainage plan required by the revised subdivision design must be reviewed and approved by the Borough Engineering and Facilities Department. FINDINGS OF FACT 1. This plat, with conditions of approval, will meet the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat is generally consistent with adopted Borough plans and provides a subdivision of land that supports those plans. The motion was seconded. COMMISSIONER SZABO MOVED TO AMEND THE MAIN MOTION to include a seventh condition of approval, as suggested in the Engineering/Facilities memorandum dated December 21, 1993, as follows: 7. Provide a 5 foot construction easement along Lots 1 A and 1J to provide for fill to bring Eggemeyer Circle up to the level of Carroll Way. The AMENDMENT was seconded and CARRIED bv unanimous roll call vote. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. VII. OLD BUSINESS There was no old business. VIII. NEW BUSINESS A) Election of Officers The Commission postponed election of officers until 'e February 16, 1994 regular meeting. so they would have a lull Commission present to nominate from. B) Appointment of Commission representative to the Parks in,i Recreation Committee The Commission postponed appointment of a represen to t i. the Parks and Recreation Committee until the February ,t, 1994 regular meeting, so they would have a full Commis.i n present to choose from. COMMISSIONER SZABO vo l u n t r r f i to be the representative for the February 8 Parks meeting until a permanent representative was selected. Pad. 4 40 IX. COMMUNICATIONS COMMISSIONER ASPGREN MOVED TO ACKNOWLEDGE RECEIPT of items A through E of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated December 29, 1993 to Pending Rural Development Rezone Applicants, from Linda Freed, RE: Revised zoning regulations for C-- Conservation and RD- -Rural Development districts. B) Municipality of Anchorage Ordinance No. 93- 124(S -3), adopted December 14, 1993, RE: Amending provisions of the Anchorage Municipal Code relating to initiation of code enforcement actions by private citizens. C) Letter dated December 23, 1993 to DeWitt Fields, Kodiak Livestock Co -op President, from Bob Schulze, RE: Violations on Lot 3, Block 4, Tract A, Bells Flats Alaska Subdivision. D) Letter dated January 6, 1994 to Jerry and Penny Lampl from Bob Scholze, RE: Storage of wrecked cars on Lot 15A, U.S. Survey 3098. E) Letter dated January 13, 1994 to Rick Bundy from Bob Scholze, RE: Illegal dwellings on Lot 15, Block 7, Monashka Bay Subdivision. There were no further communications. X. REPORTS COMMISSIONER ASPGREN MOVED TO ACKNOWLEDGE RECEIPT of item A of reports. The motion was seconded and CARRIED by unanimous voice vote. A) Community Development Department Monthly Status Reports for October, November and December, 1993. LINDA FREED reported the following upcoming Planning and Zoning Commission meetings: Wednesday, January 26 - No worksession Thursday, January 27 - Joint worksession with Assembly RE: Lakeside Subdivision and Borough land management policy. Wednesday, February 2 - regular worksession with Jon Isaacs in attendance to discuss the Coastal Management plan update with the Commission and interested parties. Wednesday, February 9 - Packet Review Wednesday, February 16 - Regular Meeting Wednesday, February 23 - Worksession on alternative housing. boarding houses, single residence occupancies, etc. MS. FREED also reported that, hopefully, the Assembly would confirm the appointment of three new Commissioners at their January 25 regular meeting. There were no further reports. P & Z Minutes: January 19, 1984 Page 8 .1 4 • XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT CHAIR FRIEND adjourned the meeting at 8:00 p.m. ATTEST By: Eileen Probasco, Secretary Community Development Department DATE APPROVED: February 16, 1994 P & Z Minutes: January 19. 1994 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMI ION By: errol Frie d, Acting Chair Pagr 9 •I Y 0 C I. CALL TO ORDER II. ROLL CALL Members Present John Witteveen Perry Page Jocelyn Zwiefelhofer Jerome Selby Martin White Karl Short Will Walton III. AGENDA V. OLD BUSINESS Data Processing Steering Committee Regular Meeting January 28, 1994 11:00 a.m. MINUTES The Data Processing Steering Committee regular meeting of December 28, 1994 was called to order by Jerome Selby at 11:10 a.m. in the Borough Conference Room. Members Absent Ed Myers Add item a.) Mac School under NEW BUSINESS. IV. MINUTES OF PREVIOUS MEETING The minutes of the November 19, 1993 regular meeting were approved unanimously. a.) Kodiak Island Hospital Computer Plan Others Present Mary Monk Sharon Nault Going well and is on schedule. New World Systems (NWS) has information on programming changes. Staff has received the PICS tape and will be loading it during the week of February 2nd. Communications between the system at the hospital and our AS /400 will be accomplished using Pass Through. Page 1 of 3 b.) Maintenance Between DP and Non - General Fund Departments Staff needs to complete their Policies and Procedures documentation as well as cost figures for hospital. c.) Telephone System Information has been received from AKSALA and P11. The ballpark figures on a new system is $90,000.00. Selby asked if this includes installation. Page will get information on installation costs by the next meeting. d.) Kodiak Island Borough School District Financial Package Zwiefelhofer indicated that CIMS was no longer an option. The School District has been looking into New World Software (NWS). They have seen the fixed assets module and have reviewed the manual for the inventory system. Zwiefelhofer needs to meet with staff to determine if these modules will meet their needs. Cynthia Rasmussen will review the payroll module soon. A copy of the Inventory module is needed for evaluation purposes. Page indicated that he would take care of getting this module. b.) Training Still working on getting feed back from users. A listing of possible training topics was distributed to the Borough. A similar listing will be distributed to the School District and the Hospital. VI. NEW BUSINESS a.) Mac Schools Mac Schools is progressing well. Page will contact the Mac Schools people to find out the status of the 400 version. The school district is ready to up load their information. VII. COMMENTS Short Query is a powerful tool that could be used more. Page Query is complicated. There are many different data bases and the file structure is complicated. Page 2 of 3 VIII. ADJOURNMENT The meeting was adjourned at 11:40 a.m. The next scheduled meeting will be on Friday. February 18. 1994 at 11:00 a.m. in the Borough conference room. RESPECTFULLY SUBMITTED APPROVED Sharon Ruth Nault, Systems Operator II Jerome Selby, Borough Mayor Page 3 of 3 PUBLIC HEARING A public hearing will be held on Thursday, March 3, 1994. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Assembly, to hear comments, if any, on the following: Resolution 94 -10 Directing the Disposal of an Interest in Kodiak Island Borough Land, by Lease, for Fair Market Value to Permit a Transformer Tower, a Satellite Antenna, and an Associated Equipment Building to be Located on a Portion of Lot 5 -A, U.S. Survey 3538A. (Located near Egan Way, off Rezanof Drive East) If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Borough Clerk's Office prior to the meeting. Comments favoring and opposing are encouraged. This notice is being sent to you because our records indicate you are a property owner in the area of interest. If you have any questions about the resolution, please feel free to call us at 486 -9310 or 486 -9311. Your name: Mailing Address: Your property description: Comments: KODIAK ISLAND BOROUGH BOROUGH ASSEMBLY /CLERK'S OFFICE 710 Mill Bay Road, Kodiak, Alaska 99615 .1. ; .• ,;',••••; i•• • ;: • t' ••■•! March 3, 1994 - 7:30 p.m. Regular Meeting 1. INVOCATION - Pastor Alan Ross of the Native New Life Fellowship. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL r ,m. Assembly Chambers Assemblymember Austerman is out -of -town on vacation and asked to be excused; Assemblymember McFarland is out -of -town on business and asked to be excused. Recommended motion: Move to excuse Assemblymembers Austerman and McFarland. 4. APPROVAL OF AGENDA ode Recommended motion: Move to approve agenda. 5. APPROVAL OF MINUTES A. KIB Assembly Meeting of February 17, 1994. Recommended motion: Move to approve Assembly Meeting Minutes of February 17, 1994. Any corrections to the minutes. If corrections noted, call for the question to adopt he minutes as corrected., / , , t�. - „�G2a.� i 72 e ( .2Z - 6. AWARDS AND PRESENTATIONS - Mayor Selby A. Employee of the Month. f'1- �'�JZ /j LrZ� r Kodiak Island Borough Assembly Guidelines March 3, 1994 Page 1 7. ' CITIZENS' COMMENTS (Limited to Five Minutes per Speaker) (Toll Free Telephone Number 1- 800 - 478 -5736) (Local Telephone Number 486 -3231) Read the telephone numbers for the listening audience. A. Agenda Items Not Scheduled for Public Hearing. B. Items Other Than Those Appearing on the Agenda. 8. COMMITTEE REPORTS Committee reports from those in the audience; committee reports from the assembly. 9. PUBLIC HEARING (Limited to Five Minutes per Speaker) (Toll Free Telephone Number 1 -800- 478 -5736) (Local Telephone Number 486 -3231) • Read the telephone numbers for the listening audience. A. Ordinance No. 93 -10F Amending Ordinance No. 93 -10 Fiscal Year 1994 Budget to Match Grant Agreement From the State of Alaska Department of Health and Social Services. Recommended motion: Move to adopt Ordinance No. 93 -10F. Staff report. Open public hearing close public hearing. B. Ordinance No. 93 -10G Amending Ordinance No. 93 -10 Fiscal Year 1994 Budget to Accept $240,588 Grant from the State of Alaska Department of Administration, Division of Administrative Services for Kodiak High School Classroom Code Upgrade Phase IV. Recommended motion: Move to adopt Ordinance No. 93 -10G. Staff report. Open public hearing close public hearing. Kodiak Island Borough Assembly Guidelines March 3, 1994 Page 2 11. OLD BUSINESS None. 12. NEW BUSINESS March 3, 1994 C. Resolution No. 94 -10 Directing the Disposal of an Interest in Kodiak Island Borough Land, by Lease, for Fair Market Value to Permit a Transformer Tower, a Satellite Antenna and an Associated Equipment Building to be Located on a Portion of Lot 5 -A, U.S. Survey 3538A. (Located near Egan Way, off Rezanof Drive East) Recommended motion: Move to adopt Resolution No. 94-10. Staff report. (Clerk's note: 34 public hearing notices were mailed (attached on blue paper); one returned opposing. Open public hearing close public hearing. 10. MESSAGES FROM THE BOROUGH MAYOR A. BID AWARDS None. B. RESOLUTIONS 1. Resolution No. 94 -09 Supporting Section 1 of the Senate Joint Resolution No. 39 Proposing Amendments to the Constitution of the State of Alaska Relating to the Individual Right to Keep and Bear Arms. Recommended motion: Move to adopt Resolution No. 94-09. Staff report. (Clerk's note: attached (pink) are the attorney's opinion, an opinion from Don Kubley (requested by McFarland), and an information request reply from Jack Chenoweth through Representative Davidson (requested by Milligan). Kodiak Island Borough Assembly Guidelines Page 3 2. Resolution No. 94 -11 Directing the Disposal of Interest in Kodiak Island Borough Land, by License, for Fair Market Value of a Portion of Devil's Prong Right -of -Way Near Lot 8, Block 4, Mountain View Subdivision, 2nd Addition. (2632 Devil's Prong) C. ORDINANCES FOR INTRODUCTION None. Staff report. 13. CITIZEN COMMENTS Recommended motion: Move to adopt Resolution No. 94-11. 14. ASSEMBLYMEMBER COMMENTS Announcements: The Kodiak Island Borough Assembly will meet in a work session on Thursday, March 10, 1994 at 7:30 p.m. in the Borough conference room; a joint assembly /council work session on March 15 at 7:30 p.m. in the assembly chambers; and a regular meeting on March 17, 1994 at 7:30 p.m. in the assembly chambers. 15. ADJOURNMENT Kodiak Island Borough March 3, 1994 Assembly Guidelines Page 4 '0 ,i; . 0 Mt c , f.n ,,. \ , III2 ,, . . : qing ' w1 c — r PTT D '-111 i uthTTTTW 'IN b a 0 Z . r pu 1 0 uefirTTTW '44 i i ! a Ko .i _____. 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N g - 4 1 A \. ‘ ‘ \4 ..-_) il _., A O ii co En z I 7 J ( 1 i pr .4 .. 1 uebTTTTW '41 q 1 i 4 U 2 a ROLL CALL SHEET • 0 March 3, 1994 - 7:30 p.m. 1. INVOCATION - Pastor Alan Ross of the Native New Life Fellowship. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Assemblymember Austerman is out -of -town on vacation and asked to be excused; Assemblymember McFarland is out -of -town on business and asked to be excused. Recommended motion: Move to excuse Assemblymembers Austerman and McFarland. 4. APPROVAL OF AGENDA Recommended motion: Move to approve agenda. 5. APPROVAL OF MINUTES �A. KIB Assembly Meeting of February 17, 1994. Recommended motion: Move to approve Assembly Meeting Minutes of February 17, 1994. Any corrections to the minutes. If corrections noted, call for the question to adopt the minutes as corrected. 6. AWARDS AND PRESENTATIONS - Mayor Selby A. Employee of the Month. dt. t - Kodiak Island Borough March 3, 1994 Regular Meeting Assembly Chambers K(')4 a - Assembly Guidelines Page 1 • • 0 0 7. • CITIZENS' COMMENTS (Limited to Five Minutes per Speaker) (Toll Free Telephone Number 1 -800- 478 -5736) (Local Telephone Number 486 -3231) Read the telephone numbers for the listening audience. A. Agenda Items Not Scheduled for Public Hearing. B. Items Other Than Those Appearing on the Agenda. 8. COMMITTEE REPORTS Committee reports from those in the audience; committee reports from the assembly. 9. PUBLIC HEARING (Limited to Five Minutes per Speaker) (Toll Free Telephone Number 1 -800- 478 -5736) (Local Telephone Number 486 -3231) • Read the telephone numbers for the listening audience. A. Ordinance No. 93 -10F Amending Ordinance No. 93 -10 Fiscal Year 1994 Budget to Match Grant Agreement From the State of Alaska Department of Health and Social Services. B. Kodiak Island Borough March 3, 1994 Recommended motion: Move to adopt Ordinance No. 93 -10F. Staff report. Open public hearing close public hearing. Ordinance No. 93 -10G Amending Ordinance No. 93 -10 Fiscal Year 1994 Budget to Accept $240,588 Grant from the State of Alaska Department of Administration, Division of Administrative Services for Kodiak High School Classroom Code Upgrade Phase IV. Recommended motion: Move to adopt Ordinance No. 93 -10G. Staff report. Open public hearing close public hearing. Assembly Guidelines Page 2 11. OLD BUSINESS None. 12. NEW BUSINESS C. 7 Resolution No. 94 -10 Directing the Disposal of an Interest in Kodiak Island Borough k, Land, by Lease, for Fair Market Value to Permit a Transformer Tower, a Satellite Antenna and an Associated Equipment Building to be Located on a Portion of Lot 5 -A, L/ U.S. Survey 3538A. (Located near Egan Way, off Rezanof Drive East) Kodiak Island Borough March 3, 1994 Recommended motion: Move to adopt Resolution No. 94-10. Staff report. (Clerk's note: 34 public hearing notices were mailed (attached on blue paper); one returned opposing. Open public hearing close public hearing. 10. MESSAGES FROM THE BOROUGH MAYOR A. BID AWARDS None. B. RESOLUTIONS 1. Resolution No. 94 -09 Supporting Section 1 of the Senate Joint Resolution No. 39 Proposing Amendments to the Constitution of the State of Alaska Relating to the Individual Right to Keep and Bear Arms. Recommended motion: Move to adopt Resolution No. 94-09. Staff report. (Clerk's note: attached (pink) are the attorney's opinion, an opinion from Don Kubley (requested by McFarland), and an information request reply from Jack Chenoweth through Representative Davidson (requested by Milligan). Assembly Guidelines Page 3 0 0 Resolution No. 94-11 Directing the Disposal of Interest in Kodiak Island Borough Land, by License, for Fair Market Value of a Portion of Devil's Prong Right -of -Way Near Lot 8, Block 4, Mountain View Subdivision, 2nd Addition. (2632 Devil's Prong) Recommended motion: Move to adopt Resolution No. 94-11. Staff report. C. ORDINANCES FOR INTRODUCTION None. 13. CITIZEN COMMENTS 14. ASSEMBLYMEMBER COMMENTS Announcements: The Kodiak Island Borough Assembly will meet in a work session on Thursday, March 10, 1994 at 7:30 p.m. in the Borough conference room; a joint assembly /council work session on March 15 at 7:30 p.m. in the assembly chambers; and a regular meeting on March 17, 1994 at 7:30 p.m. in the assembly chambers. 15. ADJOURNMENT Kodiak Island Borough March 3, 1994 Assembly Guidelines Page 4