REGULAR ASSEMBLY MEETING

BOROUGH ADMINISTRATION BUILDING

SOLDOTNA, ALASKA

February 5, 1991 - 7:30 P.M.

MINUTES

A. CALL TO ORDER

B. PLEDGE OF ALLEGIANCE

C. INVOCATION

Pastor Earl Barnett, Soldotna Baptist Church

D. ROLL CALL

Present: Anderson, Brown, DeLacee, Glick, Hodgins, Little, McLane, Moock, Nash, O'Connell, Poindexter, Sewall, Skogstad, Superman, and Walli

Absent: Keene (excused)

E. VACANCY, DESIGNATION OR SEATING OF  ASSEMBLY MEMBERS

There were none.

F. APPROVAL OF MINUTES

1) Regular Meeting of January 22, 1991

The minutes of January 22, 1991 were approved as submitted by unanimous consent.

NOTE: Assemblymember O'Connell arrived at 7:47 P.M.

G. COMMITTEE REPORTS

1) Finance

Chairman Sewall reported that the Committee met jointly with the Public Works Committee to hear a report and discussion on Ordinance 91-3. Cathy Mayer reported that the ground water appears to be travelling northwest in that area, however, there is a deviation of 51%. There are eleven monitor wells in place with no indication of contamination. The buffer widths were discussed as the DEC requires a 50 foot buffer from the highway, the pit is currently 500 feet from the highway and the borough plans to maintain at least a 200 foot buffer allowing for highway expansion. One property owner was concerned regarding the possible loss of the opportunity to protest the expansion of the Soldotna Landfill if negotiations with the borough for purchase are not successful.

2) Legislative

Chairman McLane reported that Mrs. Glick has set up a file of copies of bills for the borough at the Legislative Information Office which are being tracked. The Committee will be coordinating with Miss Huss when she is settled in Juneau next week. Mrs. Glick and Mr. Hodgins will be in Juneau next week for the AML and legislative lobby kickoff session.

3) Local Affairs/Lands

Chairman Brown reported that in addition to agenda items which were discussed, Mr. Dick Troeger reported on meetings with the Beluga Community Council.

The Committee will be discussing the land use question and Section 21.12 in meetings scheduled on alternate Tuesdays, i.e. the second and fourth Tuesday at 7:00 P.M. at the Borough Administration Building.

4) Public Works/Education

Chairman Moock reported that agenda items were discussed as well as the joint meeting with the Finance Committee.

Mrs. Moock went on to report on the meetings with the school board regarding the school budget. The Committee is recommending the budget remain "status quo" with the items from last year. An additional 400 students are anticipated next year, but no increase in the foundation formula. The Governor is asking that it be cut between $4 million and $5 million more. Because of personnel already contracted, the budget will increase by $3.5 million next year. The Committee's will recommend that approximately $1.9 million be cut from wages, meaning there will be no new teachers hired next year.

5) Economic Development District

Mr. Hodgins reported that the annual meeting was held on January 31st. Jim Elson of Kenai was elected chair, Phil Morris of Kachemak City is the new vice chair, Blake Johnson of North Kenai is the new treasurer.

Mrs. Glick asked about the budget, and Mr. Hodgins answered that the Borough staff and the Executive Committee are working on it.

6) Data Processing

Mr. Hodgins reported that the A-6 is in place and the programs are being loaded. The conversion should be completed by March 10th.

Mr. Hodgins reported that he has been meeting with the road boards concerning LID's and there will be a public hearing on this subject on February 20th at 7:00 P.M. at the Borough Administration Building. Representatives from the utilities will be involved and special assessments for utilities will also be discussed.

7) Policies and Procedures Committee

Chairman Nash reported that no meeting was held. The next meeting is scheduled for February 7th at 6:00 P.M.

8) Cook Inlet Regional Citizens Advisory Council

Mr. Brown reported that the final draft of the bylaws are available. The first contingency program was addressed and they are finalizing a working agreement with CISPRI. Membership was also discussed.

9) Kenai Peninsula College Board

Mrs. Moock reported that the January meeting was canceled due to adverse weather and the next meeting will be February 14th at 7:00 P.M. at the college.

H. REPORTS OF COMMISSIONS AND COUNCILS

Homer Councilwoman Mary Henry reported on a meeting with Mayor Gilman. The topic of discussion was a work session tentatively scheduled for March 7, 1991 at 6:30 P.M. at Homer City Hall. The Mayor will be giving a State of the Borough Address to the Homer residents and, in addition, a presentation on service and program provisions. Mrs. Henry invited the Assembly to attend the work session.

I. AGENDA APPROVAL AND CONSENT AGENDA

Chairman Moock reported that the Public Works Committee asked to remove Ordinance 91-7 and Resolution 91-8 from the Consent Agenda.

President Skogstad placed Resolution 91-8 under Item M-2 and Ordinance 91-7 under Item O-1.

Assemblymember Anderson asked to move Item U-1, the Liquor License Application for the American Legion Post #18 to Item K-1 and asked for a short presentation.

Assemblymember McLane requested that Resolution 91-14 be moved to Item M-1.

Chairman Sewall stated that the Finance Committee recommended that Resolution 91-15 be removed from the Consent Agenda. The Committee recommended approval of Resolutions 91-9, 91-12, and 91-16.

Assemblymember Superman asked that Resolution 91-9 be removed from the Consent Agenda. President Skogstad placed Resolution 91-9 under M-4.

Assemblymember Glick requested that three unnumbered commending resolutions be added to the consent agenda.

Assemblymember Nash stated that a representative of the Beluga Community Council had asked to give a report, however, the representative is not present this evening. Therefore, it should be noted that the Beluga Community Council minutes reflect that they voted to approve the program as stated in Resolution 90-125.

Assemblymember Walli requested that Mr. Poindexter's name be added to the commending resolution for the Homer High School Girls Basketball team.

Assemblymember Glick requested that Mr. McLane be added as a co-sponsor on the commending resolution for the Kenai Kardinals Girls Basketball team, and correct the first "Whereas", delete everything after the word "team" and in its place it should read; "won second place in the Region 3 tournament."

Chairman Brown reported that the the Local Affairs/Lands Committee supported Ordinance 91-5 and Resolution 90-125 remaining on the Consent Agenda.

The Consent Agenda now reads:

(1) Ordinance 91-5: "Amending KPB 17.50.010 Forest Management Plan" (Mayor)(Hearing 3/5/91)

(2) Ordinance 91-6: "Authorizing an Exchange of Lot 339 Moose Point Subdivision Owned by the Borough for Lot 356 Moose Point Subdivision Owned by Charles E. Miller" (Mayor) (Hearing 3/5/91)

(3) 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)

(4) Resolution 91-10: "Granting An Easement to Homer Electric Association, Inc. On and Across Borough Owned Lands Located in the Sterling Area" (Mayor)

(5) Resolution 91-11: "Granting An Easement to Homer Electric Association, Inc. On and Across Borough Owned Lands Being Soldotna High School Property" (Mayor)

(6) Resolution 91-12: "Designating the Newspaper and Awarding the Contract for the Publication of the Property Tax Foreclosure List for the Tax Year 1990 and the Delinquent Personal Property Tax List" (Mayor)

(7) Resolution 91-16: "Declaring the IBM System 36 of the Central Peninsula Hospital Computer As Surplus and Authorizing the Transfer of this System to the South Peninsula Hospital Service Area" (Mayor)

(8) "Resolution Commending the Nikiski Bulldogs Girls Basketball Team for Winning Fifth Place in the State ASAA Class 4A Tournament" (Brown, Glick, Hodgins, Superman)

(9) "Resolution Commending the Kenai Kardinals Girls Basketball Team for Winning the State Class 4A Tournament" (Brown, Glick, Hodgins, Superman, McLane)

(10) "Resolution Commending the Homer Mariners Girls Basketball Team and Couch Cloud for Winning the State ASAA Class 3A Tournament" (Walli, Poindexter)

President Skogstad read the commending resolutions in full.

THE AGENDA AND CONSENT AGENDA WERE APPROVED BY UNANIMOUS CONSENT

J. ITEMS NOT COMPLETED FROM PRIOR AGENDA

There were none.

K. MOTIONS TO RECONSIDER

ASSEMBLYMEMBER SUPERMAN MOVED TO RECONSIDER THE MOTION TO HOLD IN ABEYANCE THE D.E.C. RIGHT TO APPEAL

Mr. Superman went on to explain that this was the unwritten motion made at the last meeting. He felt that there was no public notification and further that his statement regarding the fact that he would have no problem with it if all parties were in agreement had caused some confusion. One of the principals involved in the issue was not aware of the action taken at that last meeting and requests he be allowed to come before the Assembly to speak.

President Skogstad allowed the comments from the party.

Mr. Seymour Mills, Sterling. Mr. Mills stated that he felt the motion made by the Assembly was "totally out of place". Mr. Mills felt that he should have been contacted by mail regarding the action and further that there is a rule that all persons residing within a certain distance or who are directly affected are to be notified and this was not done.

Mr. Mills explained that his property has been devalued to zero due to a 3,000 cubic yard pile of contaminated soil within 145 feet of his well and living room window, placed there by D.E.C. He felt that the borough cannot charge property tax because of the devaluation.

THE SUPERMAN MOTION TO RECONSIDER FAILED BY A VOTE OF 7 YES, 8 NO

YES: Sewall, Superman, Brown, O'Connell, Skogstad, Little, and Walli

NO: McLane, Anderson, Moock, Poindexter, Glick, Nash, DeLacee, and Hodgins

President Skogstad announced that the Planning Commission will be taking up the matter of the D.E.C. request for an extension of time at their next meeting, February 11, 1991.

THE LIQUOR LICENSE APPLICATION FOR THE AMERICAN LEGION CLUB IN NINILCHIK WILL BE TAKEN UP AT THIS POINT.

President Skogstad explained that the location falls within the minimal distance required from a church and called for comments from representatives.

Mr. Carl Bergstedt, Box 3919, Ninilchik. Mr. Bergstedt stated that at the time of filing for the liquor license they were unaware of the borough requirements restricting distances from churches or schools. Upon being informed of this by the borough, he spoke with the Priest and representatives from the church and has received a letter from them stating that they have no objections to the proposed application. Based on the letter from the church, Mr. Bergstedt requested the objection from the borough be lifted.

ASSEMBLYMEMBER WALLI MOVED THAT THE ASSEMBLY SEND A LETTER OF NON-OBJECTION TO THE ABC BOARD

ASSEMBLYMEMBER NASH AMENDED THE MOTION BY ADDING THE STATEMENT THAT "THE ASSEMBLY GRANTS AN EXCEPTION TO THE DISTANCE REQUIREMENT UPON A FINDING OF NON-OPPOSITION OF THE GOVERNING AUTHORITY OF THE CHURCH AND UPON ASSEMBLY FINDING THAT LOCATING THE PREMISES WITHIN THAT DISTANCE WOULD NOT UNDULY IMPACT OR INTERFERE WITH ACCESS, FLOW OF TRAFFIC, OR THE OPERATION OF THE CHURCH.

Mrs. Walli accepted the Nash motion as a "friendly amendment".

THE WALLI/NASH MOTION PASSED BY UNANIMOUS CONSENT

L. ORDINANCE HEARINGS

L-1 Ordinance 90-55: "Adopting Land Use Element of the Chuitna Plan and Accepting Other Portions of the Plan" (Mayor)

ASSEMBLYMEMBER BROWN MOVED FOR ADOPTION OF ORDINANCE 90-55

Chairman Brown reported that the Local Affairs/Lands Committee, on the advice of administration, voted 1-3 for "do not pass," which failed.

Chairman Moock reported that the Public Works/Education Committee also failed a "do pass" motion and will have a draft of a new ordinance at the next meeting.

Mr. Don Hopkins, Member Beluga Community Council. Mr. Hopkins stated that the Council requests elimination of the rest of chapter 5 text, excluding the land classification map from Ordinance 90-55.

Mr. Brown encouraged the Assembly to defeat the ordinance based on testimony from the Beluga Community Council and administration. An ordinance should return which reflects the wishes of the Council and administration.

Assemblymember Sewall asked that it be made clear from the Chair that there will be no problem with the 60 day restriction of coming back with a similar ordinance, otherwise, he would move to table the ordinance. Attorney Boedeker answered that the 60 day limitation would apply unless a committee would sponsor it and request reintroduction.

Chairman Brown stated that the Local Affairs/Lands Committee would do what is necessary.

THE BROWN MOTION TO ENACT ORDINANCE 90-55 FAILED UNANIMOUSLY

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

ASSEMBLYMEMBER ANDERSON MOVED TO ADOPT ORDINANCE 91-1

Chairman Sewall reported that the Finance Committee voted against approval.

Chairman Moock reported that the Public Works Committee had no recommendation.

President Skogstad called for public comments.

Mrs. Barbara Waters, 311 Kulila, Kenai. Mrs. Waters questioned whether local businesses in the area which bill once a month can lump all charges together. In the past the borough has told Mrs. Waters that she could not bill that way, and that she would have to bill by the invoice.

Mr. John Kistler, Mile 9, K-Beach Rd. Mr. Kistler stated that if this section of the ordinance is not fair for the municipal ports and harbors then it is not fair for businesses who lease space for a year and have to pay sales taxes as though it were a monthly rental or other similar situations.

Assemblymember Anderson explained that he brought this forward because traditionally, it has always been an annual fee that is collected in advance by municipalities and it does not have to do with lands, buildings, or other related businesses. The cities cannot afford to bill monthly. He felt that it is fair to be charging boat owners over the $25 limit.

Mr. Sewall pointed out that, in addition to the letter of opposition in the packet from the cities of Kenai and Soldotna, there is also a copy of a letter of opposition from the City of Seward.

Mr. Brown talked with City Manager Brighton, City of Kenai, who noted that there are some serious financial ramifications that would be of a negative nature and he requested the Assembly defeat the ordinance.

Mr. Poindexter spoke in favor of the ordinance, stating that if billings are made monthly, taxes should be also.

THE ANDERSON MOTION TO ADOPT ORDINANCE 91-1 FAILED BY A VOTE OF 2 YES, 13 NO

YES: Anderson and Poindexter

NO: Sewall, McLane, Superman, Moock, Brown, O'Connell, Skogstad, Glick, Little, Nash, DeLacee, Hodgins, and Walli

L-3 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)

ASSEMBLYMEMBER ANDERSON MOVED TO ADOPT ORDINANCE 91-2

Chairman Brown reported that the Local Affairs/Lands Committee recommends unanimously "do pass" for Ordinance 91-2 Substitute.

President Skogstad called for public comments, there were none.

ASSEMBLYMEMBER GLICK MOVED TO AMEND THE MOTION TO ADOPT ORDINANCE 91-2 SUBSTITUTE

THE GLICK AMENDMENT TO ADOPT ORDINANCE 91-2 SUBSTITUTE PASSED BY UNANIMOUS CONSENT

Mr. Anderson stated that there have been two prior ordinances with this ordinance containing verbiage that is agreed upon by all parties.

THE MOTION TO ADOPT ORDINANCE 91-2 SUBSTITUTE PASSED BY UNANIMOUS CONSENT

M. CONSIDERATION OF RESOLUTIONS

M-1 Resolution 91-14: "A Resolution in Support of the Eastside Cook Inlet Setnet Fishery" (Glick, O'Connell, McLane)

ASSEMBLYMEMBER GLICK MOVED FOR THE ADOPTION OF RESOLUTION 91-14.

Chairman Brown reported that the Local Affairs/Lands Committee voted unanimously "do adopt."

President Skogstad called for public comments.

Ken Coleman, Kenai Peninsula Fisherman's Association. Mr. Coleman addressed the Assembly for the Kenai Peninsula Fisherman's Association (KPFA), an organization of Cook Inlet setnet fishermen. The KPFA is seeking passage of Resolution 91-14. Mr. Coleman expressed concern that the Hickel administration has plans to limit the number of Eastside Cook Inlet setnet permit holders. KPFA feels there is no economic or biological reasons for restrictions of this nature and that these reductions will have an adverse social and economic effect on the Borough.

Mr. Coleman stated that statistical information from the Department of Fish and Game as well as a study by Doug Coughenhower for the City of Kenai were included in the packet. He went on to state that 69% of the setnet permit holders live in the Kenai Peninsula Borough and generate about $9.3 million annual income. Approximately 67% of that money is spent in the borough. There is also a raw fish tax charged for an average of $600,000. In attempting to figure the amount of money that would be lost if the Governor proceeds, an estimate would be roughly $21 million, and using the conservative borough multiplier, the figure comes out to $50 million. This does not include the jobs lost.

Mr. Sewall asked if the group would feel comfortable with a proposed amendment to section 2, stating that the Alaska Board of Fisheries be allowed to promulgate regulations regarding fisheries management and allocation issues based upon biological considerations without political interference. Mr. Coleman answered that it would meet the group's objectives.

President Skogstad expressed concern over sending a message to Juneau regarding altering or interfering with the way the system is set up now, whether there would be some negative alternative measures taken. There appears to be some interest in the new administration to deal with the king run in the Kenai River. Mr. Coleman felt that the group would "take its chances with the board".

Steve Dexheimer, Box 111, Kenai, Alaska. Mr. Dexheimer stated that he is an eastside setnetter who would be adversely affected by the Hickel decision and asked for the Assembly's support of the resolution.

John Kisler, Mile 9, K-Beach Road. Mr. Kisler stated that he is a machinist at a local cannery and that if the Hickel proposal moves forward it will have a severe negative impact on his income.

Gary Hershberger, Box 4106, Kenai, Alaska. Mr. Hershberger stated that he is an eastside setnetter who is also asking for the Assembly's support of the resolution.

Duane Anderson, Soldotna. Mr. Anderson stated that he feels this is not the place to start dealing with the King Salmon issue and the eastside setnetters are not a fair group to pick on, which he believes the Hickel proposal would result in. Mr. Anderson stated that he feels the Assembly should say to the state that this is not the best-founded way to address the King question.

Thomas Huhndorf, Box 8654, Nikiski. Mr. Huhndorf stated that he is an eastside setnetter who feels the issue should be a biological issue rather than a political one.

ASSEMBLYMEMBER GLICK MOVED TO AMEND RESOLUTION 91-14, SECTION 3: SECTION 3 TO BE DELETED IN ITS ENTIRETY AND REWRITTEN AS FOLLOWS, "WE RESPECTFULLY REQUEST THAT NEW AND CONTINUING MEMBERS OF THE ALASKA BOARD OF FISHERIES EXHIBIT A HIGH DEGREE OF INTEGRITY AND AN ABILITY TO BE FAIR AND IMPARTIAL IN ARRIVING AT THEIR DECISIONS."

Assemblymember Walli spoke against the Glick amendment, as well as Section 3. Mrs. Walli felt we should not address the Glick amendment, address the eastside setnet fishery issue and deal with appointments to the Board of Fisheries at another time.

Assemblymember Sewall spoke in favor of the Glick amendment.

THE GLICK AMENDMENT PASSED BY A VOTE OF 14 YES AND 1 NO.

YES: McLane, Anderson, Superman, Moock, Brown, Poindexter, O'Connell, Skogstad, Glick, Little, Nash, DeLacee, and Hodgins

NO: Walli

ASSEMBLYMEMBER SEWALL MOVED TO AMEND RESOLUTION 91-14, SECTION 2 TO READ, "THAT THE ALASKA BOARD OF FISHERIES BE ALLOWED TO PROMULGATE REGULATIONS REGARDING FISHERIES MANAGEMENT AND ALLOCATION ISSUES BASED UPON BIOLOGICAL CONSIDERATIONS WITHOUT INTERFERENCE."

Assemblymember Nash stated that he favored the Sewall amendment but asked Mr. Sewall to delete the words "without interference."

Assemblymember Sewall agreed and asked that the deletion of those two words be incorporated into his amendment.

THE SEWALL AMENDMENT PASSED BY UNANIMOUS CONSENT.

Assemblymember Brown complimented the sponsors and the fishing industry who were involved in the final resolution before the Assembly. Mr. Brown encouraged those in support of the resolution to talk with administration and asked the Assembly to support the resolution.

Assemblymember Glick noted that during Governor Hickel's campaign and during his State of the State Address he stressed the importance of and the encouragement of economic development, private investment into business activities, and the creation of jobs. With what he is proposing to do, he is poised to set in motion in this one action regarding the setnet site permittees, a strike that could be a potential devastating blow to all of these particular items above; namely, economic development, private investment, and the creation of jobs. His proposals to cut approximately in half the permittees could wipe out a number of personal investments, which in most cases exceeds several hundred thousands of dollars. It could also, because of this, cause a decrease in jobs and consequently have a trickle down affect on the economy in our area, and also throughout the Borough.

RESOLUTION 91-14 AS AMENDED WAS ADOPTED BY UNANIMOUS CONSENT.

M-2 Resolution 91-3: "Providing for Operation of the Seward Transfer Facility and Soldotna Baling Facility by Borough Employees" (Mayor)

ASSEMBLYMEMBER SEWALL MOVED FOR THE ENACTMENT OF RESOLUTION 91-3.

President Skogstad called for public comments.

Jim Fellman, Box 2884, Soldotna. Mr. Fellman spoke against Resolution 91-3 and felt the operation would be more costly as a borough function than it would be if a private industry were operating the facility.

Assemblymember Nash commended administration for notifying the private sector regarding this resolution. Mr. Nash spoke in favor of using private industry to operate the facilities rather than borough employees and proposed the defeat of this resolution.

Assemblymember McLane asked if administration has evaluated the responses from the private sector.

Mayor Gilman stated that based on the responses and comments they received, the Seward facility should probably be contracted. It was originally anticipated that employees would run the Seward facility and only the tractor and hauling portion would be contracted. However, based on conversations with contractors here, there are areas that we would recommend contracting; most of the major earth work, those areas requiring specific types of equipment such as snow removal, and road maintenance all could be contracted. The Mayor stated that administration recommends the actual operation be patterned after the Homer facility.

Assemblymember McLane asked if administration is offering an amendment to this particular resolution.

Mayor Gilman suggested that the amendments be postponed until the resolution can be looked at further.

Assemblymember McLane noted that if Seward is going to be contracted and we are still leaning toward borough operation of the baler facility here, further deliberations and thought on this should probably be taken at this point and in our preliminary budget preparations.

Mayor Gilman stated that he felt comfortable with the figures given the Assembly as being fairly close to the figures that would be included in the budget. Mayor Gilman recommended that the figures put forth as the operational costs of the Soldotna balefill with borough employees be used as the top figure for budget purposes if the issue of contract versus borough employees continues. The Mayor also noted that the time spent on developing a Request for Proposal would be a critical element.

Assemblymember Nash asked Mayor Gilman if the opportunity exists to put the operation of the Soldotna baling facility on a contract basis.

Mayor Gilman stated that this can be done. However, based on the responses received, the private sector expressed some concern regarding the environmental issues and controls required to operate the facility.

Assemblymember Sewall expressed concern that the Borough reserve the right to reject any or all Requests for Proposal for the Seward balefill if we don't feel comfortable with them.

Assemblymember Poindexter stated that if we are going to contract one facility then all should be contracted; however, if we are going to operate one, then all should be borough operated. He noted that licensing and environmental issues would be easier to maintain if borough operated. Mr. Poindexter asked Mayor Gilman to summarize how the decision was made to operate the Homer facility with borough employees and the Soldotna facility by a contract with the private sector.

Mayor Gilman answered that back in the early 1980's when the borough built a baler in Homer, the decision was made at that time to run it with borough employees because the funding for the operation came from a state grant. All the other landfills have always been operated by contract. Mayor Gilman noted that there has never been an environmental complaint or problem with the Homer baler.

Assemblymember Superman asked Mayor Gilman if the contracts would be under the jurisdiction of prevailing wage rates as far as labor is concerned.

Attorney Boedeker answered that there are prevailing wage rates for contracts that pertain to public construction; however, normal day-to-day operation of the baler and landfill would not fall under wage rates.

Mr. Superman expressed concern that workers on both facilities earn a decent living and have a decent benefit package. Mr. Superman further noted that correspondence from the Mayor's office indicates that environmental issues are better addressed by having borough employees operate the facilities. Mr. Superman expressed a desire to study these issues in more depth and to have more of an opportunity to read through the responses from the private sector.

ASSEMBLYMAN SUPERMAN MOVED FOR POSTPONEMENT TO FEBRUARY 19, 1991.

THE SUPERMAN MOTION TO POSTPONE RESOLUTION 91-3 PASSED BY UNANIMOUS CONSENT.

Assemblymember Nash requested that the Clerk's Office include Ms. Mayer's packet as backup material relating to Resolution 91-3 for the February 19th meeting.

M-3 Resolution 91-8: "Authorizing a Free Use Permit to City of Soldotna for Location of the Original Soldotna Post Office Building on a Portion of Lot A Aspen Flats Subdivision Addition 4" (Mayor)

ASSEMBLYMEMBER MOOCK MOVED FOR ADOPTION OF RESOLUTION 91-8

Chairman Moock noted that Public Works will recommend postponement.

President Skogstad called for public comments. There were none.

Mrs. Moock stated that the Public Works/Education Committee had concerns regarding this resolution. This is the building which sits on the property to be used for Soldotna Elementary School for their bus turnaround area. The original purchase contract agreement stipulated that the owner would remove all buildings that were on the property at the time, and all were removed except the old post office building. The Historical Society would like to see the old post office remain on that piece of property so that it can retain its historical certification. The City of Soldotna is requesting that the borough relocate the building at the borough's expense, which would be a cost of approximately $7,000. The Public Works Committee questioned the appropriateness of this action, given the fact that the removal of this building was part of the original sales agreement. The Committee would like more time to obtain information from the City of Soldotna.

Assemblymember Nash questioned the landscaping charge from the City of Soldotna in the amount of $4,000.

ASSEMBLYMEMBER NASH MOVED TO AMEND SECTION 1 TO ADD AT THE END OF THE EXISTING SENTENCE "PROVIDED THAT ALL COSTS AND EXPENSES ASSOCIATED WITH LANDSCAPING, RELOCATION, SITE PREPARATION, FENCING, AND PUBLIC LIABILITY REGARDING THE BUILDING SHALL BE PAID BY THE CITY OF SOLDOTNA."

Mayor Gilman stated that the building permit the borough has to get from the City of Soldotna requires certain kinds of landscaping whether the building is there or not.

Mr. Nash noted that his amendment refers to landscaping regarding the building.

Assemblymember Little stated that the landscaping requirements for the City of Soldotna do not relate to the building.

Assemblymember McLane spoke against the Nash amendment, stating that he feels the building should stay there and the borough should bear the cost.

Assemblymember Moock stated that the historical society may have some funds available or may be able to obtain grant money.

ASSEMBLYMEMBER MOOCK MOVED TO POSTPONE RESOLUTION 91-8 TO FEBRUARY 19, 1991

THE MOOCK MOTION TO POSTPONE RESOLUTION 91-8 PASSED BY A VOTE OF 10 YES, 5 NO

YES: McLane, Anderson, Moock, Brown, Poindexter, Glick, Nash, DeLacee, Hodgins, Walli

NO: Sewall, Superman, O'Connell, Skogstad, Little

Assemblymember Sewall was excused and left the meeting.

M-4 Resolution 91-9: "Authorizing the Award of a Contract for the Development of the Seward Quarry Project at Seward, Alaska" (Mayor)

ASSEMBLYMEMBER GLICK MOVED FOR THE ADOPTION OF RESOLUTION 91-9

Chairman Moock stated that Public Works recommends "do pass."

President Skogstad called for public comments, there were none.

Assemblymember Superman stated that the public has had some questions regarding this resolution, one of which was the amount of the contract being half of what the engineer's estimate was. After hearing reports given during Public Works and after speaking with some of the contractors who bid on this project, Mr. Superman stated that he feels the bid is a good one. Brown Construction has equipment which significantly decreases their amount for the contract. They will have to adhere to Davis-Bacon laws and for those people who wish to follow-up on that, the certified payroll will be available for them.

Assemblymember Brown stated that he has no connection with Brown Construction.

Chairman Nash stated that the Finance Committee recommended "do pass."

President Skogstad asked Mayor Gilman if the difference between the bid price and the engineer's estimate has been examined carefully.

Mayor Gilman stated that Public Works has had lengthy discussions with the contractor. He also noted that Brown Construction developed their bid twelve years ago under a contract with the borough at that time and, therefore, is experienced in this type of project.

RESOLUTION 91-9 WAS ADOPTED BY UNANIMOUS CONSENT

M-5 Resolution 91-13: "Setting an Advisory Vote of the Borough Electorate on the Limitation of Terms of Assembly, Board of Education and Mayor" (Nash, Brown, Superman)

ASSEMBLYMEMBER NASH MOVED FOR THE ADOPTION OF RESOLUTION 91-13 WITH THE DELETION OF THE THIRD WHEREAS

Chairman Brown reported that Local Affairs/Lands had a 3-2 vote of "do pass," recommending that the last line of the third "WHEREAS" be eliminated and that item 4 under "Limitation of Terms" be deleted.

Chairman McLane reported that the Legislative Committee voted 4-1 "do not support," and were concerned with the third "WHEREAS." He also stated that Mr. Boedeker attended the meeting and noted that Section 4 was unconstitutional.

President Skogstad called for public comment.

Barbara Waters, 311 Kulila, Kenai. Ms. Waters requested the Assembly to defeat this motion tonight and allow the general public to come forth on February 19th regarding Ordinance 91-4.

John Kisler, K-Beach Road. Mr. Kisler strongly urged the Assembly to defeat this resolution.

ASSEMBLYMEMBER NASH MOVED TO AMEND RESOLUTION 91-13 BY STRIKING THE THIRD WHEREAS AND BY STRIKING SECTION 2, QUESTION 4 AND REQUESTED UNANIMOUS CONSENT

There were no objections to the request for Unanimous Consent.

Assemblymember Nash spoke in favor of Resolution 91-13.

Assemblymember Brown spoke in favor of Resolution 91-13.

Assemblymember Superman spoke in favor of Resolution 91-13.

Assemblymember Anderson spoke in opposition to Resolution 91-13.

Assemblymember Poindexter spoke in favor of Resolution 91-13.

Assemblymember DeLacee asked Attorney Boedeker if there is any criteria on how soon the advisory vote would go back to the ballot.

Mr. Boedeker answered that after an advisory vote, if you adopted an ordinance it would have to be ratified by the voters, but that would occur at the next regular election unless a special election were set.

President Skogstad asked Mr. Boedeker if Section 1, as it reads now, prevents the resolution from being placed on the ballot of a special election.

Mr. Boedeker answered that this resolution would have to be amended or a subsequent resolution would have to be written to change when it goes on the ballot.

Assemblymember Brown asked Mr. Boedeker if there would be a time frame for a special election if this resolution were amended.

Mr. Boedeker answered that there would be no particular time frame, however, Mr. Boedeker stated that he would need to further research the legitimacy of calling a special election for an advisory vote.

President Skogstad stated that the possibility of a special election for reapportionment sometime this summer does exist, in which case the advisory vote could also be on the ballot at the same time.

President Skogstad asked Mr. Boedeker to research this for the assembly.

ASSEMBLYMEMBER NASH MOVED TO AMEND RESOLUTION 91-13 TO STRIKE THE WORD "GENERAL" IN SECTION 1

THE NASH AMENDMENT TO STRIKE THE WORD "GENERAL" IN SECTION 1 PASSED BY UNANIMOUS CONSENT

ASSEMBLYMEMBER O'CONNELL MOVED TO POSTPONE FURTHER ACTION ON RESOLUTION 91-13 UNTIL THE MEETING OF FEBRUARY 19, 1991 AND THAT IT BE PLACED ON THE AGENDA AFTER ORDINANCE 91-4

Assemblymember Hodgins spoke against postponement.

THE O'CONNELL MOTION TO POSTPONE RESOLUTION 91-13 AS AMENDED TO FEBRUARY 19, 1991 FAILED BY A VOTE OF 6 YES AND 8 NO

YES: McLane, Moock, Poindexter, O'Connell, Little, DeLacee

NO: Anderson, Superman, Brown, Skogstad, Glick, Nash, Hodgins, Walli

Assemblymember Hodgins spoke against the expense of having two elections, requesting defeat of this resolution.

RESOLUTION 91-13 AS AMENDED FAILED BY A VOTE OF 6 YES AND 8 NO

YES: Superman, Brown, Poindexter, Skogstad, Glick, Nash

NO: McLane, Anderson, Moock, O'Connell, Little, DeLacee, Hodgins, Walli

M-6 Resolution 91-15: "Providing for the Continuation of Wages for Kenai Peninsula Borough Employees Serving in the Reserves and National Guard Who Are Called to Active Duty" (Mayor)

ASSEMBLYMEMBER GLICK MOVED FOR THE ADOPTION OF RESOLUTION 91-15

Chairman Brown stated that the Local Affairs/Lands Committee had a vote of 4-1 "do pass."

President Skogstad called for public comment. There was none.

Assemblymember McLane asked if the substitute or the original resolution is under consideration.

President Skogstad stated that the original Resolution 91-15 is being discussed at this time.

Assemblymember Hodgins stated that he supports the troops and the activity in the Gulf; however, he spoke against using public funds for this resolution when the small businessman would not be able to do the same for his employees. Assemblymember Hodgins spoke against the resolution.

Assemblymember Nash stated that the issue discussed in the Finance Committee was whether or not this would be an amendment to the personnel code.

Assemblymember Glick spoke in favor of the resolution as a support of the troops. Mrs. Glick also stated that the Mayor needs some kind of policy direction, because at this time there is no policy in regard to service personnel being called to active duty.

ASSEMBLYMEMBER GLICK MOVED TO AMEND RESOLUTION 91-15 BY ADDING "IN TIME OF WAR" TO THE TITLE AT THE END

Assemblymember Moock objected to the amendment, asking how it is determined that it is a war.

Assemblymember Glick responded that we are in a war situation now and this particular resolution is for the world situation existing at this time, which is our involvement in the conflict in the Persian Gulf. Mrs. Glick also noted that the Finance Committee will propose to bring forth an ordinance and this resolution will cover the period of time until an ordinance is in effect.

Mr. Boedeker suggested Mrs. Glick change her amendment by adding a new sentence to the end of Section 1 to read "for purposes of this section active duty does not include weekend or scheduled annual training or duty or call-up for disaster response," rather than adding "in time of war to the title."

ASSEMBLYMEMBER GLICK WITHDREW HER PREVIOUS MOTION AND MADE THE MOTION TO AMEND RESOLUTION 91-15 BY ADDING TO SECTION 1 THE WORDING, "FOR PURPOSES OF THIS SECTION ACTIVE DUTY DOES NOT INCLUDE WEEKEND OR SCHEDULED ANNUAL TRAINING OR DUTY OR CALL-UP FOR DISASTER RESPONSE"

Assemblymember Hodgins spoke against the Glick amendment, noting that it needs further clarification.

Assemblymember Brown spoke in favor of the Glick amendment.

Assemblymember Nash spoke against the resolution, favoring putting an ordinance before the Assembly at the next meeting.

Mayor Gilman noted that there is a borough employee whose unit has been placed on alert at this time.

ASSEMBLYMEMBER NASH MOVED TO POSTPONE RESOLUTION 91-15 TO FEBRUARY 19, 1991

Assemblymember Moock spoke against postponement.

Assemblymember Brown spoke against postponement.

Assemblymember O'Connell spoke against postponement and against the resolution.

Assemblymember Walli spoke against postponement and against the resolution.

Mr. Nash withdrew his motion to postpone.

Mrs. Moock stated that she had an amendment to the Glick amendment.

ASSEMBLYMEMBER MOOCK MOVED TO AMEND RESOLUTION 91-15 BY ADDING TO THE TITLE AFTER THE WORD "ACTIVE," THE WORDS "MILITARY SERVICE DURING THE GULF WAR CONFLICT" AND BY ADDING TO SECTION 1 FOLLOWING THE WORD "ACTIVE," THE WORDS "MILITARY SERVICE IN RESPONSE TO THE GULF WAR WILL RECEIVE COMPENSATION" AND BY ADDING AFTER THE WORD "DUTY," THE WORDS "AFFECTED EMPLOYEES SHALL RECEIVE THIS COMPENSATION FOR A PERIOD OF UP TO 180 CONSECUTIVE CALENDAR DAYS OF ACTIVE DUTY. THE ASSEMBLY MAY EXTEND THIS COMPENSATION ON A CASE-BY-CASE AND MONTH-BY-MONTH BASIS UP TO A MAXIMUM OF ONE CONSECUTIVE YEAR" AND INCLUDE ASSEMBLYMEMBER GLICK'S AMENDMENT TO SECTION 1

Assemblymember Moock stated that in researching this issue, one of the cities she spoke with expressed grave concern over the adoption of this resolution, since they have seven employees who would qualify. Their concern was that they can't afford to pay the current employees and replace them at the same time.

Assemblymember Brown requested the sponsor to divide the Moock amendment, keeping the first amendment in the title as one, and Section 1 as the second amendment.

Mrs. Moock stated that the wording in the header in regard to the Gulf war and in Section 1 would have to remain. If Mr. Brown was referring to the 180 day provision Mrs. Moock agreed, requesting that Mrs. Glick's amendment be included in the first portion of the Moock amendment.

President Skogstad asked if Mr. Brown wanted to separate the first sentence of the Moock amendment in Section 1, "affected employees shall receive this compensation for a period of up to 180 consecutive calendar days of active duty." Mr. Skogstad stated that both sentences need to be separated.

Mrs. Moock stated that the part Mr. Boedeker added on that says "or call up for disaster response" would have to be struck if you put the wording "in regard to the Gulf war."

President Skogstad stated that we are striking that portion of the amendment.

THE MOOCK AMENDMENT, FIRST DIVISION, TO RESOLUTION 91-15 PASSED BY A VOTE OF 11 YES, 3 NO

YES: Anderson, Superman, Moock, Brown, Skogstad, Glick, Little, Nash, DeLacee, Hodgins, Walli

NO: McLane, Poindexter, O'Connell

Assemblymember Brown spoke in favor of the second portion of the Moock amendment.

Assemblymember O'Connell spoke against the second portion of the Moock amendment.

THE MOOCK AMENDMENT, SECOND DIVISION, TO RESOLUTION 91-15 FAILED BY A VOTE OF 7 YES, 7 NO

YES: Superman, Moock, Brown, Glick, Little, DeLacee, Walli

NO: McLane, Anderson, Poindexter, O'Connell, Skogstad, Nash, Hodgins

President Skogstad stated that Resolution 91-15 will be moved to "Items Not Finished From Prior Agenda" at the meeting of February 19, 1991 as the legislative deadline has been reached.

N. RIGHT-OF-WAY VACATIONS

There were none.

O. INTRODUCTION OF ORDINANCES NOT ON  CONSENT AGENDA

There were none.

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)

(1) Ordinance 91-3: "Appropriating $2,108,600.00 From the Land Trust Fund to Purchase Properties Adjacent to the Soldotna Landfill Facility to Provide a Buffer and Future Expansion." (Mayor) (Hearing set for 2/19/91)

(2) Ordinance 91-4: "Establishing a Two-Term Limit for Assembly and School Board Members" (Hodgins and Anderson) (Hearing set for 2/19/91)

(3) 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" (Mayor) (Hearing set for 3/5/91)

(4) Ordinance 90-70: "Amending Borough Code for Investment of Borough Monies to Allow for Investment in Certain Special Assessments" (Mayor)(Hearing set for 3/5/91)

R. FORMAL PRESENTATIONS WITH PRIOR NOTICE  UPON SUBJECTS NOT ON THE MEETING  AGENDA (10 Minutes)

There were none.

S. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (5 Minutes)

There were none.

T. MAYOR'S REPORT

Mayor Gilman referred the Assembly to the written report submitted in the packet and stated that he has nothing further to add.

V. ASSEMBLY AND MAYOR'S COMMENTS

Mr. McLane spoke regarding the possibility of a special election on reapportionment.

Mr. Superman commended those in the community who put together the first annual Nikiski Talent Show held at Nikiski High School. The event was a success, well over $1,000 was raised for the music department at Nikiski High School, and Mr. Superman thanked them all.

Mrs. Moock spoke regarding Resolution 91-15. She noted that everyone feels compassion toward local people who are being called to service at this time. Mrs. Moock noted that after calling other areas to see what they are doing regarding this issue, she found that there are no uniform policies anywhere. Mrs. Moock expressed the hope that individuals in the community would contact their representatives to tell them how they feel about this resolution.

Mr. Brown spoke regarding Resolution 91-15, noting that his own son has been put on alert also. Mr. Brown reminded people that no one has a choice, it is an act of desertion if they don't go. Mr. Brown expressed the hope that funding is supported for these people for the entire duration of their involvement in the conflict.

Mr. O'Connell spoke regarding Resolution 91-15, stating that he feels the human emotion should be left out of it, which is difficult to do. Mr. O'Connell questioned supplementing the wages of borough employees and stated that as the resolution reads now, there is no time limit whatsoever. Mr. O'Connell also spoke on the moving of the old post office, and asked Mayor Gilman if the building is going to be used, and if so, where would people park. Mayor Gilman answered that the plan is for some type of museum, but parking provisions have not been requested. Mr. O'Connell expressed concern over the property being used for the school district, and not for a museum for the City of Soldotna.

Ms. Little spoke regarding the old post office. She noted the building will not be used in any way. Admittance into the building will not be allowed. It will be merely a designated historic building and parking would not be an issue.

Ms. Walli spoke regarding Resolution 91-15, noting she has five relatives called to active duty. Speaking as a Vietnam veteran, Ms. Walli expressed the feeling that it would be an injustice on our part to go forth with the resolution, passing a resolution on emotion and not on what would be financially prudent for this borough. Ms. Walli spoke against passing this resolution. Ms. Walli thanked the setnetters, City Councilmember, Mary Henry, and the other members of the audience who were present this evening for their participation.

Mr. Hodgins suggested that the assembly contact Mr. Campbell, who is present, to look at the new computer.

Mr. Nash asked that the Assembly reflect on the MIAs and POWs.

Ms. Little congratulated the three women sports teams.

Mrs. Glick congratulated the Kenai Kardinals, who were in the USA Today newspaper. Mrs. Glick also congratulated the Nikiski Bulldogs and the Homer team.

Mr. Skogstad stated that a work session will be set up with the school administration for the April 2nd meeting. The school budget will be presented to the Assembly on April 2nd. Prior to that, between 5:30 and 7 p.m., a presentation on the budget will be given. Budgets will be available for study prior to that meeting. Ms. Obendorff will be sending letters to assembly members inviting them to be present on February 18th when the budget is presented to the Board of Education. Public hearings will be scheduled in Kenai, Nikiski, Seward, Soldotna and Homer. Mr. Skogstad asked the Borough Clerk to place the petition on apportionment on the agenda for the next meeting. Mr. Skogstad asked assembly members from each district to give him names to choose from for a committee announcement at the next meeting.

Mayor Gilman spoke regarding borough finances. Traditionally we have been receiving from the state about 92-94% for debt and the budget submitted was 84% of the entitlement. That is a 10% reduction, which is about another mill or almost 2 mill of taxation from what 100% entitlement would be. Couple that with what was reduced by Governor Cowper, which was almost a mill, we would be playing catch-up at about a 2 1/2 to 3 mill levy on just that alone.

Y. NOTICE OF NEXT MEETING AND ADJOURNMENT

There being no further business, the meeting adjourned at 11:47 P.M. The next regular meeting of the Assembly is February 19, 1991 at 7:30 p.m. in the Borough Assembly Chambers.