REGULAR ASSEMBLY MEETING

BOROUGH ADMINISTRATION BUILDING

SOLDOTNA, ALASKA

January 8, 1991 - 7:30 P.M.

A. CALL TO ORDER

The meeting was called to order by President Skogstad at 7:32 P.M.

B. PLEDGE OF ALLEGIANCE

C. INVOCATION

Pastor Preston McCracken of the Community Wesleyan Church gave the invocation.

D. ROLL CALL

PRESENT: Anderson, Brown, Glick, Hodgins, Keene, Little, McLane, Moock, Nash, O'Connell, Poindexter, Sewall, Skogstad, Superman, Walli

ABSENT: None

E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLY MEMBERS

1) Appointment of Assembly Member for District II, Seat C

President Skogstad explained the voting procedures. He also stated that Mr. Larry Slone had phoned a message to the Clerk's Office that he had withdrawn. It was agreed that a letter from Mr. Slone stating his intentions would be in order for the record.

Each candidate was given three minutes to speak. Mr. Ed Oberts stated that he withdrew his application in that he had just accepted a position in Anchorage and would be moving from the area. He voiced his endorsement of Mr. Pat Cowan.

Round #1 of voting gave Cliff Baker - 0; David Carey - 2; Tommy Corr - 0; Pat Cowan - 4; John Davis - 0; Catherine DeLacee - 4; Ken Hepner - 1; Jack Hetherton - 0; John Kistler - 1; Grace Merkes - 1; and William Phillips - 2.

Round #2 of voting gave Catherine DeLacee - 5; Pat Cowan - 6; David Carey - 2; and William Phillips - 2.

Round #3 of voting gave Catherine DeLacee - 8 and Pat Cowan - 7. Mrs. DeLacee was declared the new Assembly Member. President Skogstad will notify her.

F. APPROVAL OF MINUTES

1) Regular Meeting of November 13, 1990

2) Regular Meeting of November 27, 1990

3) Regular Meeting of December 11, 1990

President Skogstad noted a correction to the November 13th minutes pertaining to the order of nominations. All sets of minutes were approved as corrected.

G. COMMITTEE REPORTS

1) Finance

Chairman Sewall reported that there were 5 members present. They recommended that Resolution 91-2 be removed from the Consent Agenda.

2) Legislative

Vice Chair Glick reported that the Committee recommended that Resolution 91-2 be removed from the Consent Agenda.

3) Local Affairs/Lands

Chairman Brown reported that there was a quorum and the Committee heard a report from Mr. Jeff Smith, who spoke on assessment districts and asked that it be broadened to include utilities. The Committee also looked at 1991 priorities and the land use section, 21.12 and will be going to work on that.

4) Public Works/Education

Chairman Moock reported that all members were present and the Committee recommended that Ordinance 91-2 be placed on the Consent Agenda.

Mr. Brown reported that the Cook Inlet Regional Advisory Council will be meeting January 11th at 7:00 P.M. Representative Don Young will be the keynote speaker for the meeting at King Oscar's.

President Skogstad reported that the Policies and Procedures Committee is coming together. Mr. Anderson and Mr. Skogstad have joined the committee.

President Skogstad reported that Mr. McLane will be the representative to the Kenai River Special Management Board and Mrs. Moock will be sitting in on the School District Budget Review Committee.

H. REPORTS OF COMMISSIONS AND COUNCILS

There were none.

I. AGENDA APPROVAL AND CONSENT AGENDA

Assemblymember Moock requested the addition to the Consent Agenda of a commending resolution for the Soldotna Ladies Varsity Basketball Team for Winning the Baron Optimists Holiday Classic Tournament.

Mayor Gilman noted the memo from the Planning Department on page 4 regarding the liquor license application, Item (1). Assemblymember Nash asked that it be removed from the Consent Agenda, President Skogstad placed it under Item U.

Assemblymember Moock requested that the introduction of Ordinance 91-2 be placed on the Consent Agenda.

Assemblymember Sewall requested Resolution 91-2 be moved to

Item M-2.

Assemblymember McLane requested that Item U-1 be moved to Item J-3.

Assemblymember Brown objected.

THE McLANE REQUEST TO MOVE ITEM U-1 PASSED BY A VOTE OF 11 YES, 4 NO

YES: Sewall, McLane, Anderson, Moock, Poindexter, O'Connell, Skogstad, Glick, Little, Hodgins, Walli

NO: Superman, Keene, Brown, Nash

The Consent Agenda now reads:

(1) Petition to Vacate a 66 Foot Section Line Easement - Lot 5 Ar-Ness S/D

(2) Ordinance 91-2: "Amending Chapter 20.28 of the Kenai Peninsula Borough Code to Change Procedures and Fees for Vacation of Dedicated Utility Corridors" (Anderson) (Set for 2/5/91 Hearing)

(3) Resolution commending the Soldotna Ladies Stars Varsity Basketball Team for Winning the Baron Optimists Holiday Classic Tournament to the Consent Agenda. (Moock)

President Skogstad called for public comments, there were none.

Regarding the Vacation of the Section Line Easement, President Skogstad noted the letter from the Department of Natural Resources raising some questions regarding access. Mr. Troeger reported that his department is still working with the state on the matter, however, other access is available.

THE AGENDA AND CONSENT AGENDA WERE APPROVED BY UNANIMOUS CONSENT.

President Skogstad read the commending resolution.

J. ITEMS NOT COMPLETED FROM PRIOR AGENDA

J-1 Ordinance 90-71: "Amending the Borough Sales Tax Code to Facilitate More Effective Administration" (Skogstad @ Req. of Sales Tax Task Force)

ASSEMBLYMEMBER MOOCK MOVED FOR THE ADOPTION OF ORDINANCE 90-71

Chairman Sewall reported that the Finance Committee recommended "do pass" with several amendments.

President Skogstad called for public comments.

Mr. John Kistler, K-Beach Road. Mr. Kistler requested the Assembly let the business community know what kind of timely manner is being referred to in Section 2.

ASSEMBLYMEMBER NASH MOVED TO AMEND ORDINANCE 90-71 SECTION 5.18.500 (B)(2) - ADD THE WORDS "AND FOR SIX MONTHS THEREAFTER".

Assemblymember Nash explained his amendment and felt it would be fair to all.

Chairman Sewall reported that the Finance Committee supports this amendment.

THE NASH AMENDMENT TO ORDINANCE 90-71 PASSED BY UNANIMOUS CONSENT

ASSEMBLYMEMBER NASH MOVED TO AMEND ORDINANCE 90-71 SECTION 5.18.500 (D) - STRIKE THE WORD "FULLY" AND REPLACE IT WITH THE WORD "SUBSTANTIALLY"

Mr. Nash explained that this would allow Administration to determine what is "substantial".

Chairman Sewall reported that the Finance Committee supported that amendment with the understanding that it is referring to minor problems and not substantial non-compliance.

THE NASH AMENDMENT PASSED BY A VOTE OF 12 YES, 3 NO

YES: Sewall, McLane, Anderson, Superman, Keene, Moock, Brown, O'Connell, Skogstad, Glick, Nash, and Hodgins

NO: Poindexter, Little, and Walli

ASSEMBLYMEMBER NASH MOVED TO AMEND ORDINANCE 90-71 SECTION 5.18.610 (A) - STRIKE THE WORD "INTENTIONAL".

Mr. Nash explained that this would make the ordinance more enforceable.

Assemblymember Brown voiced doubts about this section and asked Mr. Nash to explain more fully which he did.

Mr. Nash continued with his amendment:

CONTINUING: SECTION 5.18.610 (A) STRIKE THE REMAINING PARAGRAPH AFTER THE WORD "CONSTITUTES" AND STRIKE THE LETTER (B) AND THE ENTIRE PARAGRAPH THROUGH THE WORD "CHAPTER" LEAVING THE WORDS, "IS SUBJECT TO A CIVIL PENALTY" AND RENUMBERING (C) TO (B).

Mr. Nash explained that this removes the criminal penalty and makes the civil penalty up to $1,000.

Mr. Brown asked for a friendly amendment to deliver by certified mail. He explained that there are cases where the owner of the business does not receive the mail.

Mr. Nash felt that it would be best to remove deliver by mail altogether in that if a person does not pick up their mail they are not served.

President Skogstad stated that certified mailing does not guarantee service.

Mr. Brown removed his friendly amendment.

Chairman Sewall reported that the Finance Committee did not support the amendment, even though there has never been a criminal proceeding brought, the feeling of the majority of the committee was that it would be a prohibitory factor.

ASSEMBLYMEMBER SEWALL MOVED TO DIVIDE THE QUESTION

Assemblymember Moock noted that the amendment does not make sense and further that there is no verbiage as to who pays the penalty.

Mr. Nash and Mrs. Moock agreed that the amendment should read: "a seller who fails to obtain....."

DIVIDE THE QUESTION - #1 STRIKE THE WORD "INTENTIONAL" PASSED BY A VOTE OF 12 YES, 3 NO

YES: Sewall, McLane, Anderson, Superman, Moock, Poindexter, Skogstad, Glick, Little, Nash, Hodgins, and Walli

NO: Keene, Brown, and O'Connell

DIVIDE THE QUESTION #2 - CHANGE TO "A SELLER WHO" AND DELETE ALL FROM THE WORD "CONSTITUTES", STRIKE ALL OF (B) AND RENUMBER PASSED BY A VOTE OF 9 YES, 6 NO

YES: McLane, Superman, Keene, Moock, Brown, Poindexter, Skogstad, Nash, and Walli

NO: Sewall, Anderson, O'Connell, Glick, Little, and Hodgins

ASSEMBLYMEMBER GLICK MOVED TO AMEND ORDINANCE 90-71 BY ADDING A NEW SECTION 6 READING "KPB 5.18.200 (C)(1)(a) BE AMENDED AS FOLLOWS: THE SALES ARE NOT LIQUOR SALES OR SALES OF FOOD SOLD THROUGH REGULARLY CONDUCTED RESTAURANT TYPE OPERATIONS" AND RENUMBER SECTION 6 TO SECTION 7.

THE GLICK AMENDMENT PASSED BY UNANIMOUS CONSENT

ASSEMBLYMEMBER MOOCK MOVED TO AMEND ORDINANCE 90-71 SECTION 5.18.530(A) BY STRIKING "IN A TIMELY MANNER" AND REPLACE WITH "BY THE FILING DEADLINE".

THE MOOCK AMENDMENT PASSED BY UNANIMOUS CONSENT.

ASSEMBLYMEMBER GLICK MOVED TO AMEND ORDINANCE 90-71 BY CHANGING THE EFFECTIVE DATE TO "EFFECTIVE IMMEDIATELY UPON ITS ENACTMENT"

Mr. Nash explained that this would not make the ordinance retroactive.

THE GLICK AMENDMENT PASSED BY UNANIMOUS CONSENT

ASSEMBLYMEMBER MOOCK MOVED TO APPROVE ORDINANCE 90-71 AS AMENDED PASSED BY UNANIMOUS CONSENT

J-2 Resolution 90-125: "Authorizing a Land Use Permit to Marathon Oil Company and the U.S. Forest Service for a Bark Beetle Remediation Plan" (Mayor)

Mr. McLane stated that his firm is representing the applicant.

ASSEMBLYMEMBER MOOCK MOVED TO ADOPT RESOLUTION 90-125

Chairman Brown reported the Local Affairs/Lands Committee held a lengthy discussion and recommended postponement to February 5th. The Planning Department, Planning Commissioners, and Assembly are planning to go to Beluga to obtain more information.

Chairman Moock reported that Public Works and Education concur with the request to postpone.

Mr. Nash reported that, on behalf of the Beluga Community Council he had asked for postponement also.

President Skogstad called for public comments.

Mr. Duane Anderson, Soldotna. Mr. Anderson felt that the Assembly should take the time to look the issue over thoroughly. He felt that the various agencies involved have spent large amounts of time and money to kill the beetles. However, this is a different approach and is an insect repellant and Mr. Anderson likes the direction the Forest Service is taking.

Scott McLane, McLane Associates. Mr. McLane is representing Segal Gas Co. who made the application to apply the MCH over the pipeline right-of-way corridor. Mr. McLane stated that Segal Gas Co. has no problem with the postponement and Dr. Holstein and some of his staff will be down to address the Beluga Community Council and answer any questions.

ASSEMBLYMEMBER BROWN MOVED TO POSTPONE RESOLUTION 90-125 TO 2/5/91.

THE BROWN MOTION PASSED BY A VOTE OF 13 YES, 1 NO, 1 ABSTENTION

YES: Sewall, Anderson, Superman, Keene, Moock, Brown, Poindexter, Skogstad, Glick, Little, Nash, Hodgins, and Walli

NO: O'Connell

ABSTAIN: McLane

President Skogstad called for a 10 minute recess. The meeting resumed at 9:22 P.M.

J-3 "Petitioning the assembly to determine if it is properly apportioned. Additionally, request the assembly investigate plans which would provide fair representation with a significant reduction in the number of assembly seats." (Information will be provided by the Legal Department at the meeting)

ASSEMBLYMEMBER McLANE MOVED THAT THE ASSEMBLY DECLARE ITSELF MALAPPORTIONED AND TAKE APPROPRIATE STEPS TO CORRECT THE SITUATION

Assemblymember Nash felt that the Assembly should wait for the figures which will become available soon.

President Skogstad requested Borough Attorney Boedeker review his memo giving options. Attorney Boedeker stated that if the Assembly passed the McLane motion, the time line would be six months from now in which to adopt a reapportionment plan and submit it to the voters. If the plan is not completed within that six month time line, then the Commissioner of Community and Regional Affairs would provide for reapportionment. If the Assembly chooses not to declare malapportionment, there would be an apportionment review based on the census data and would have to have a plan submitted to the voters by the next election.

Assemblymember Sewall questioned the population figures and which would be used. Attorney Boedeker answered that two months after receipt of the official report of the federal census the Assembly must determine whether it is properly apportioned.

Mayor Gilman stated that the official report, by federal law, must be out by April 1st. He went on to state that the figures are probably not going to change appreciably.

Mr. Sewall asked the advisability of postponing. Attorney Boedeker stated that the mandatory trigger date will be the report date of the federal census. That does not preclude the Assembly from starting to look at the process.

ASSEMBLYMEMBER SEWALL MOVED TO POSTPONE TO APRIL 2, 1991

President Skogstad stated his intention of putting together a committee by the end of the month to begin dealing with the options.

Assemblymember Keene asked if a petition were received. Attorney Boedeker answered that a document called a "petition" was received but it did not meet the technical requirements that would compel that action within two months.

Assemblymember Superman spoke in favor of postponement due to the lack of data to show malapportionment until the figures are available.

Assemblymember Brown spoke in favor of postponement.

Assemblymember McLane felt that the Assembly has been malapportioned for the majority of his tenure. He stated that he prepared the petition that was signed by 50 registered voters to bring the issue to the attention of the Assembly.

Assemblymember Walli spoke in favor of postponement.

Assemblymember Little spoke against postponement.

THE SEWALL MOTION TO POSTPONE PASSED BY A VOTE OF 8 YES, 7 NO

YES: Sewall, Superman, Keene, Brown, Skogstad, Glick, Nash, and Walli

NO: McLane, Anderson, Moock, Poindexter, O'Connell, Little, and Hodgins

K. MOTIONS TO RECONSIDER

There were none.

L. ORDINANCE HEARINGS

L-1 Ordinance 90-65: "Enacting New KPB Chapter 5.30 Special Assessments to Provide Authority for Special Assessment Districts for Financing of Improvement to Existing Dedicated Public Rights-of-Way up to Borough Road Construction Standards" (Hodgins)

ASSEMBLYMEMBER HODGINS MOVED TO ENACT ORDINANCE 90-65

Chairman Brown reported that the Local Affairs/Lands Committee unanimously voted to postpone to 3/5/91 and requested that it be remanded to the Committee with service area involvement.

Chairman Moock reported that the Public Works Committee also requested postponement to 3/5/91 and remanded to committee with service area and administration involvement.

Chairman Sewall reported that the Finance Committee concurred with those conditions for postponement.

President Skogstad called for public comments.

Mr. Seymour Mills, Sterling. Mr. Mills spoke to the issue of paying taxes for services not received.

ASSEMBLYMEMBER McLANE MOVED TO AMEND ORDINANCE 90-65, THE FIRST "WHEREAS" BY STRIKING THE WORDS "CONDITION DUE TO THEIR POORLY ENGINEERED CONSTRUCTION"

Mr. McLane explained that the roads are in poor condition because they had no engineering rather than poor engineering.

THE McLANE AMENDMENT PASSED BY UNANIMOUS CONSENT

Mrs. Moock stated that the sentence needs to have the word "condition" left in to make sense. Mr. McLane agreed.

ASSEMBLYMEMBER SUPERMAN MOVED TO POSTPONE TO 3/5/91 AND REFER TO COMMITTEE.

THE SUPERMAN MOTION TO POSTPONE PASSED BY UNANIMOUS CONSENT

President Skogstad stated that he would refer this ordinance to the Public Works Committee and that anyone interested should let the Committee know as soon as possible.

L-2 Ordinance 90-70: "Amending Borough Code for Investment of Borough Monies to Allow for Investment in Certain Special Assessments" (Mayor)

ASSEMBLYMEMBER HODGINS MOVED FOR ENACTMENT OF ORDINANCE 90-70

Chairman Brown reported that the Local Affairs/Lands Committee had a lengthy discussion on this ordinance and unanimously voted to recommend postponement to 3/5/91 and refer to committee.

Chairman Moock reported that Public Works Committee felt this was a companion ordinance to 90-65 and also recommends postponement to 3/5/91.

Chairman Sewall reported that the Finance Committee concurred with postponement to 3/5/91.

President Skogstad called for public comments, there were none.

ASSEMBLYMEMBER MOOCK MOVED TO POSTPONE ORDINANCE 90-70 TO 3/5/91

THE MOOCK MOTION TO POSTPONE PASSED BY UNANIMOUS CONSENT

President Skogstad referred the ordinance to the Public Works Committee.

L-3 Ordinance 90-73: "Increasing the Total Budget Authorization for the School District for the Fiscal Year 1990/91 by $1,688,369" (Mayor)

ASSEMBLYMEMBER MOOCK MOVED FOR ADOPTION OF ORDINANCE 90-73

Chairman Moock reported that Public Works voted 3-1 "do pass".

Chairman Sewall reported that the Finance Committee unanimously recommended "do pass".

President Skogstad called for public comments.

Mr. Seymour Mills, Sterling. Mr. Mills spoke against the property tax system and the increase in the budget.

Mr. Sewall clarified that this ordinance is contingent upon increased funding by the legislature and would not increase amounts on a local level.

Mr. McLane asked for clarification of the figures which Mayor Gilman and Mrs. Moock provided.

Regarding the memo which addresses increased personnel, Mr. McLane asked if there were personnel already in place. Mrs. Moock answered that there were due to the increased enrollment.

Assemblymember O'Connell asked if the school district was spending "to the cap" and how it would affect the budget next year. Mayor Gilman answered that they were not and went on to explain.

Mr. Sewall pointed out that there was some explanation provided which included items not purchased due to the increased enrollment plus the increased fuel costs.

Assemblymember Poindexter spoke in favor of the ordinance and went on to state that it would send a message to the legislature.

THE MOOCK MOTION TO ADOPT PASSED BY UNANIMOUS CONSENT

M. CONSIDERATION OF RESOLUTIONS

M-1 Resolution 91-1: "Establishing Procedures for Setting Priorities for the Upgrading of the State's Secondary Roads and Rescinding Resolution 89-129, Sub." (Skogstad & Poindexter)

ASSEMBLYMEMBER POINDEXTER MOVED TO ENACT RESOLUTION 91-1

Chairman Moock reported that the Public Works recommended a unanimous "do pass".

Vice-Chairman Glick reported that the Legislative Committee had already set their road priorities with a resolution included and recommended "do pass".

President Skogstad called for public comments.

Mr. Jim Hedberg, Box 1731 Soldotna. Mr. Hedberg spoke in favor of the resolution. Many of the secondary state roads seem to be ignored and this legislation would move the process forward. He also asked if the Assembly could find money from any other source to upgrade some of these roads rather than waiting for and depending upon the state.

Assemblymember Sewall addressed the large amount of work that goes into road work and hoped that "we aren't going to start designing roads that we aren't going to build."

THE POINDEXTER MOTION TO ENACT RESOLUTION 91-1 PASSED BY UNANIMOUS CONSENT

M-2 Resolution 91-2: "Modifying the Duties of the Administrative Assistant to the Mayor and Establishing A Seasonal Legislative Liaison Position (Mayor)

ASSEMBLYMEMBER GLICK MOVED TO ADOPT RESOLUTION 91-2

Chairman Sewall reported that the Finance Committee had a split vote, agreeing only to remove it from the Consent Agenda.

Vice-Chair Glick reported that the Legislative Committee had recommended that it be removed from the Consent Agenda for further discussion.

President Skogstad called for public comments.

Mrs. Barbara Waters, 311 Kulila Place, Kenai. Mrs. Waters spoke in favor of the resolution in that it is a cleanup measure. She asked how much it is going to cost the taxpayers and what costs are included.

Mrs. Moock requested the cost information. President Skogstad asked the Mayor to provide the figures on the amount of money brought into the borough from this position. Mayor Gilman answered that he could only give estimates which he did. He further explained that the resolution amended the job description.

Mrs. Moock referred to the letter in the packet from a gentleman who is interested in providing lobbying for the borough and asked Mayor Gilman for a cost comparison which he provided.

Mr. Brown spoke in favor of the resolution stating that there is no municipality getting a full time lobbyist for the amount of money we are paying. Considering that more than 63% of the borough revenue comes from the state there can be no doubt that a lobbyist is necessary.

Assemblymember Nash pointed out that whatever the maximum range is approved, the Administration can start an employee below that maximum. Mayor Gilman explained that the salary is dependent upon the classification.

ASSEMBLYMEMBER NASH MOVED TO AMEND RESOLUTION 91-2 BY STRIKING SECTION 1, RENUMBER THE REMAINING SECTIONS, AND IN SECTION 3 CHANGE THE DESCRIPTION TO THE SINGULAR.

Mr. Nash explained his amendment, that the job descriptions stay the same for the next four months.

Mr. McLane spoke against the amendment and that it was sending the wrong message to the public.

Mrs. Moock spoke against the amendment in that the intent was clear as to what the Assembly wants to accomplish. Also, since this is for one year it can be changed next year.

Mr. Superman spoke in favor of the Nash amendment, and that perhaps we should look into a part time administrative assistant while one person is in Juneau to lobby.

Mrs. Walli spoke against the Nash amendment due to the other departments within the borough that also need additional personnel. Miss Huss has been a tremendous help to the borough.

Mr. Nash spoke to his amendment stating it is based on the fact that the position is only for four months.

Assemblymember Anderson spoke against the amendment in that the resolution addresses the situation as it currently appears.

Mrs. Glick asked that the record show that we are discussing a position rather than a person. Mrs. Glick described the history of the position, however, felt the best lobbyists were still the mayor and council or assembly for the municipality. She also pointed out that the Alaska Municipal League is a lobbying entity which is a service provided with membership. Mrs. Glick also felt there were other areas of the borough that could use additional personnel.

THE NASH AMENDMENT FAILED BY A VOTE OF 3 YES 12 NO

YES: Superman, Glick, and Nash

NO: Sewall, McLane, Anderson, Keene, Moock, Brown, Poindexter, O'Connell, Skogstad, Little, Hodgins, and Walli

RESOLUTION 91-2 WAS ADOPTED BY A VOTE OF 13 YES, 2 NO

YES: Nash, Sewall, McLane, Anderson, Keene, Moock, Brown, Poindexter, O'Connell, Skogstad, Little, Hodgins, Walli, and Nash

NO: Glick and Superman

N. RIGHT-OF-WAY VACATIONS

There were none.

O. INTRODUCTION OF ORDINANCES NOT ON CONSENT AGENDA

(1) Ordinance 90-74: "Establishing a Two-term Limit for Assembly and School Board Members" (Hodgins) (Set for 1/22/91 Hearing)

ASSEMBLYMEMBER HODGINS MOVED TO SET ORDINANCE 90-74 FOR HEARING 2/5/91

Chairman Brown reported that the Local Affairs/Lands Committee had a split vote on the introduction.

Vice Chair Glick reported that the Legislative Committee had three members present and the motion to support introduction failed.

President Skogstad called for public comments.

Mrs. Barbara Waters, 311 Kulila, Kenai. Mrs. Waters stated that she would like to see this come up for hearing to be able to hear what people think. The fact that there were 14 people that applied for the vacant seat seems to indicate an interest in the Assembly and it is very hard to run against an incumbent.

Mr. Jack Hetherton, Ridgeway. Mr. Hetherton spoke in favor of the ordinance and felt that it was a movement on a statewide level.

Mr. Duane Anderson, Soldotna. Mr. Anderson noted the difference between the school board and assembly in voting districts and numbers. He did not like the idea of a change that would suddenly bring a flood of change or inexperience to either group. Mr. Anderson noted that there are 8 Assembly members that are new since he came to the peninsula, making that a 2/3 turnover. He did not feel that the Assembly was cumbersome in numbers.

Mr. John Kistler, K-Beach Rd. Mr. Kistler asked the Assembly to consider placing this issue on the next election ballot.

Assemblymember Nash commented that there had been comments regarding the time and money involved in campaigning for a seat and felt that money was not a problem and he was not in favor of the ordinance.

Assemblymember Hodgins stated that the Borough Attorney had just informed him that under Title 29, action of this sort must be ratified by the voters and apologized for bringing the matter to the floor without a more detailed research and that he would be coming back with a resolution to that effect.

Attorney Boedeker stated that it would take an ordinance and a public vote to ratify that ordinance.

Mr. Brown spoke against setting the ordinance for hearing due to the legal problems and asked if the school board had taken an official position on the matter. Mr. Hodgins answered that they have not.

THE HODGINS MOTION TO SET FOR HEARING ORDINANCE 90-74 FAILED BY A VOTE OF 6 YES, 9 NO

YES: Anderson, Moock, O'Connell, Little, Hodgins, and Walli

NO: Sewall, McLane, Superman, Keene, Brown, Poindexter, Skogstad, Glick, and Nash

O-2 Ordinance 91-1: "Amending the Kenai Peninsula Borough Sales Tax Code To Provide For Annual Computation of Municipal Harbor Slip Rentals" (Anderson) (Set for 2/5/91 Hearing)

ASSEMBLYMEMBER ANDERSON MOVED TO SET ORDINANCE 91-1 FOR HEARING ON 2/5/91.

President Skogstad called for public comments.

Mr. John Kistler, K-Beach Rd. Mr. Kistler commented on the reaction if this ordinance had been requested by a private sector business.

Mr. Sewall asked that the Sales Tax Committee look over this ordinance should it be set for hearing and felt that cities would be against the measure.

Mr. Anderson disagreed that the cities would be against the issue.

THE ANDERSON MOTION TO SET FOR HEARING PASSED BY A VOTE OF 9 YES 6 NO

YES: McLane, Anderson, Superman, Keene, Moock, Poindexter, Glick, Little, and Walli

NO: Sewall, Brown, O'Connell, Skogstad, Nash, and Hodgins

ASSEMBLYMEMBER HODGINS MOVED TO SUSPEND THE RULES TO MOVE THE LIQUOR LICENSE APPLICATION TO THE NEXT ITEM

THERE WERE NO OBJECTIONS

O-3 Application for New Liquor License -

American Legion Post #18 - Ninilchik

ASSEMBLYMEMBER HODGINS MOVED TO SEND A LETTER OF PROTEST TO THE ALCOHOL BEVERAGE CONTROL BOARD DUE TO NONCOMPLIANCE TO OUR ORDINANCES

Mr. McLane stated that he was against the property line designation rather than premise to premise and feels that there is adequate space.

Mayor Gilman stated that he was unaware of this memo until the packet came out and did not know if the American Legion had been notified that they were in violation.

Mr. Nash agreed that there should be an opportunity for input before sending the letter to the Board.

Mr. Sewall spoke to a possible extension.

Attorney Boedeker indicated that a letter requesting an extension was requested and that makes the deadline 2/3/91. The ordinance requires a protest unless there is a hearing and suggested that the letter be written and the owner notified.

Attorney Boedeker stated that regardless of the distance limitation that if certain determinations are to be made, that there is no undue impacts and no objections, then the protest can be waived, but until the determination is made, the protest should be filed. If an extension is received, we will delay the matter to 2/5/91 and advise the applicant of his options.

ASSEMBLYMEMBER HODGINS WITHDREW HIS MOTION

P. ADDITION OF LATE ITEMS

There were none.

Q. PENDING LEGISLATION

(This item lists legislation which will be addressed at a later time as noted)

Q-1 Ordinance 90-55: "Adopting Land Use Element of the Chuitna Plan" (Mayor) (Postponed to 2/5/91)

R. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA

There were none.

S. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS

S-1 Mr. Duane Anderson, Soldotna. Mr. Anderson spoke to the proposed DEC study of the area of a green house near Sport Lake and the discovery of PCB and wanted to ensure that the Assembly was aware of the problem.

S-2 Mr. John Kistler, K-Beach Rd. Mr. Kistler asked that the ordinance pertaining to limiting terms return for consideration.

T. MAYOR'S REPORT

(1) Memorandum from Planning Department:

(a) Comprehensive Plan Update

(b) GIS Management Report

(c) Lands Inventory and Mapping Update

(d) Census Information

(e) Comments on KPB 21.12 and KPB Title 17

(2) Award of Timber Removal Contract

(3) Award of Snow Removal Contract

(4) Memorandum from Legal Department on Railroad Crossings in Seward Area

(5) Budget Calendar for FY 1991/92

(6) Resignation Letter: Andrew Postishek, Fire Chief, Kalifornsky Beach Fire Service Area

Mr. Nash requested some type of numbering or indexing system.

U. OTHER BUSINESS