BOROUGH ADMINISTRATION BUILDING

SOLDOTNA, ALASKA



April 16, 1991





REGULAR ASSEMBLY MEETING - 7:30 P.M.



MINUTES



A. CALL TO ORDER



President Skogstad called the meeting to order at 7:30 p.m.

B. PLEDGE OF ALLEGIANCE



C. INVOCATION



Pastor Ken Hepner of the Soldotna United Methodist Church gave the invocation.



D. ROLL CALL



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



Absent: Anderson, Walli



E. VACANCY, DESIGNATION OR SEATING OF  ASSEMBLY MEMBERS



F. APPROVAL OF MINUTES



G. Minutes of Regular Assembly Meeting 3/19/91

H. Minutes of Regular Assembly Meeting 4/2/91



The minutes of the March 19, 1991 and April 2, 1991 regular assembly meetings were approved unanimously with one correction on page 8 of the March 19th minutes (correct spelling of Pat Garoutte).



I. COMMITTEE REPORTS



J. Finance (Chair, J. Sewall)



The Finance Committee did not have a quorum and did not formally meet as a committee.



K. Legislative (Chair, S. McLane)



Legislative Committee lacked a quorum so the decision was made to proceed and discuss the following:

L. Homer, Seward and Kenai senior program administrators met with the Legislative Committee to discuss funding for senior centers.



M. Legislative Report from Marla Huss.



N. Information on HB 196 which relates to Resolution 91-37 was passed on to Local Affairs/Lands Committee.



O. Local Affairs/Lands (Chair, Brown)



The Local Affairs/Lands Committee met with a quorum and discussed the following:



P. Funding for seniors

Q. Oil spill responders

R. Use of public lands



S. Public Works/Education (Chair, Moock)



The Public Works/Education Committee met and discussed agenda items which will be reported upon at the appropriate time.



T. Other Committees



Kenai River Advisory Board (Representative: McLane)



A meeting was held on April 11, 1991 and the following was discussed:



. The Board received public comment concerning proposed regulations to limit guiding on the Kenai River.



. Public hearings regarding regulations to limit guiding on the Kenai are scheduled for April 17th in Anchorage at the Museum of History and Fine Art, 121 W. 7th Avenue at 7:00 p.m. and April 18th, 7:00 p.m. in the Borough Building Assembly Chambers.



. A work session is scheduled for May 2, 1991, 12 noon to discuss recommendations to be made by the River Board. Limited public comment will be allowed during the work session.



. The Board will meet May 16, 1991 to develop recommendations to be transmitted to the Department of Natural Resources the following day.



Cook Inlet Regional Citizens Advisory Council (CIRCAC) (Representative: Brown)



. CIRCAC met on April 8th. A funding agreement was passed and will be voted on by CISPRI tomorrow.



. Applications are being taken for the position of Executive Director.



KPEA Health (Representative: Sewall)



. Meeting was canceled due to Board of Adjustment meeting.



Apportionment Committee (Chair, Skogstad)



. Tabulation figures have been received from the State and are being entered into the GIS system.



. A meeting will be scheduled following completion of data entry.



Land Use Committee (Chair, Brown)



. Next meeting will be held April 23, 1991 at 7:00 p.m.



U. REPORTS OF COMMISSIONS AND COUNCILS



V. AGENDA APPROVAL AND CONSENT AGENDA



Assemblymember Glick requested the following:



A. Under Consideration of Resolutions, the addition of Resolution 91-46 as the first item;



B. To the Consent Agenda the addition of:



. Resolution 91-44

. A Memorandum from President Skogstad containing recommendations to appoint Teresa Hudson as Acting Borough Clerk with increased compensation retroactive to March 27, 1991; and authorization for reimbursement of travel expenses to those committee members from outlying areas serving on the Apportionment Committee.

. The formal acceptance of the resignation of Janet Sumey as the former Borough Clerk.



Chairman Moock of Public Works/Education requested the addition of the following to the Consent Agenda:



1. Resolution 91-46

2. Resolution 91-41 with a minor amendment

3. Resolution 91-43



Chairman Brown of Local Affairs/Lands requested the following:



1. Ordinance 91-20 remain on the Consent Agenda

2. Resolution 91-41 be added to the Consent Agenda



Assemblymember Hodgins requested Resolution 91-41 be removed from the Consent Agenda.



Assemblymember Superman requested Resolution 91-45 be removed from the Consent Agenda and Resolution 91-29 be removed from the table and placed back on the agenda for the next regular assembly meeting.



Assemblymember McLane objected to Resolution 91-43 being placed on the Consent Agenda.



Assemblymember Moock requested Resolution 91-43 be moved forward to the beginning of Consideration of Resolutions.



President Skogstad requested the following:



1. Resolution 91-46 be removed from the Consent Agenda and placed as item 1 under Consideration of Resolutions.

2. Ordinance 91-20 be placed under Introduction of Ordinances.

3. Resolution 91-43 remain in present order under Consideration of Resolutions as item 3.



President Skogstad recited the agenda:



The Consent Agenda now reads:



1. Ordinance 91-19: "Appropriating Funds for School Purposes for Fiscal Year 1991/92" (Mayor) (Hearing 5/21/91)



2. Resolution 91-42: "Authorizing the Award of a Contract for the Dike Extension at the Seward Landfill, Seward, Alaska" (Mayor)



C. Resolution 91-44: "Requesting the State Board of Fisheries to Implement Subsistence Fishery Regulations in a Consistent and Uniform Manner Throughout the State and Not Use Different Criteria for Cook Inlet and the Kenai Peninsula Borough" (Hodgins)



4. Memorandum from President Skogstad to Assembly



5. Resignation of Janet Sumey as Kenai Peninsula Borough Clerk



Committee reports on the Consent Agenda:



1. Public Works/Education voiced a unanimous "do pass" on Ordinance 91-19 and Resolution 91-42.



President Skogstad called for public comment on the Consent Agenda. There was none.



THE REVISED AGENDA AND CONSENT AGENDA WERE APPROVED UNANIMOUSLY



D. ITEMS NOT COMPLETED FROM PRIOR AGENDA



There were none.



E. MOTIONS TO RECONSIDER



There were none.



F. ORDINANCE HEARINGS



1. Ordinance 91-9: "Repealing Chapter 17.04 of the Borough Code and Enacting a New Chapter 17.06 to Govern Classification and Disposition of Borough Lands" (Mayor)



ASSEMBLYMEMBER BROWN MOVED FOR THE ENACTMENT OF ORDINANCE 91-9



Chairman Brown, reporting for the Local Affairs/Lands Committee, said a lengthy discussion was held regarding this ordinance and the Nash substitute and the committee recommends postponement to June 4, 1991.



President Skogstad called for public comment. There was none.



ASSEMBLYMEMBER BROWN MOVED TO POSTPONE ORDINANCE 91-9 UNTIL JUNE 4, 1991 AND REQUESTED UNANIMOUS CONSENT



ORDINANCE 91-9 WAS POSTPONED TO JUNE 4, 1991 BY UNANIMOUS CONSENT



2. Ordinance 91-13: "Establishing a Central Services Department of the Kenai Peninsula Borough" (Mayor)



ASSEMBLYMEMBER GLICK MOVED FOR THE ENACTMENT OF ORDINANCE 91-13



President Skogstad called for public comment. There was none.



ASSEMBLYMEMBER NASH MOVED TO AMEND ORDINANCE 91-13, DELETING SECTION 1, 2.30.030 (C), DELETE SECTION 2, SECTION 3, SECTION 4, SECTION 5, AND SECTION 6 ENTIRELY



President Skogstad passed the gavel to Vice-President Glick.



Assemblymember Skogstad spoke against the Nash amendment.



Vice-President Glick passed the gavel to President Skogstad.



Assemblymember Glick spoke in favor of the Nash amendment.



Assemblymember Nash spoke in favor of keeping Records Management under the supervision of the Clerk's Office. Mr. Nash suggested that the Assembly evaluate what the Clerk's Office needs in the way of additional training or help in order to maintain proper supervision of Records Management, rather than remove the department from the Clerk's Office.



Assemblymember DeLacee recounted that for 27 years the Borough Clerk has been responsible for the public record. She noted that when she worked in the Clerk's Office as Deputy Clerk she and Borough Clerk Joanne Brindley had 30 years of experience between them and yet were unable to perform day-to-day supervision of Records Management because there was not enough time or personnel to allow them to do so. If the Assembly does not add personnel to the Clerk's Office, Ms. DeLacee felt that Records Management should be placed under the supervision of Central Services; however, she expressed concern that the Assembly understand the impact of removing Records Management from the Clerk's Office.



ASSEMBLYMEMBER MOOCK MOVED TO TABLE ORDINANCE 91-13



THE MOOCK MOTION TO TABLE FAILED BY A VOTE OF 5 YES, 9 NO

YES: Superman, Keene, Moock, Brown, Little

NO: Sewall, McLane, Poindexter, O'Connell, Skogstad, Glick, Nash, DeLacee, Hodgins



Assemblymember Hodgins spoke against the Nash amendment.



ASSEMBLYMEMBER SUPERMAN MOVED TO POSTPONE ORDINANCE 91-13 INDEFINITELY



Assemblymembers Nash and McLane spoke against the Superman motion to postpone indefinitely.



THE SUPERMAN MOTION TO POSTPONE ORDINANCE 91-13 INDEFINITELY FAILED BY A VOTE OF 3 YES, 11 NO

YES: Superman, Keene, Brown

NO: Sewall, McLane, Moock, Poindexter, O'Connell, Skogstad, Glick, Little, Nash, DeLacee, Hodgins



Assemblymember Sewall spoke against the Nash amendment.



Assemblymember Keene spoke in favor of the Nash amendment and recommended the appropriation of additional funds to the Clerk's Office to help them get the job done.



THE NASH MOTION TO AMEND ORDINANCE 91-13 FAILED BY A VOTE OF 7 YES, 7 NO

YES: Superman, Keene, Brown, Poindexter, Glick, Nash, DeLacee

NO: Sewall, McLane, Moock, O'Connell, Skogstad, Little, Hodgins



ASSEMBLYMEMBER GLICK REQUESTED RECONSIDERATION OF ORDINANCE 91-13 AND THE NASH AMENDMENT AT THE NEXT ASSEMBLY MEETING



Mayor Gilman spoke regarding the need for improvement of the Records Management program. He also pointed out that this ordinance was introduced at the request of the Assembly President.



President Skogstad affirmed Mayor Gilman's statement and added that a Request For Proposal is being prepared for the purpose of hiring a consultant to advise the Assembly regarding the need for new or upgraded equipment, revision of current retention schedules and to assist in streamlining the Records Management department.



Discussion ensued regarding parliamentary procedure dealing with a motion to reconsider. Borough attorney Tom Boedeker determined that Mrs. Glick's motion for reconsideration of Ordinance 91-13 and the Nash amendment postpones action on the ordinance until the next regular assembly meeting.



ASSEMBLYMEMBER MCLANE MOVED TO RECONSIDER THE NASH AMENDMENT







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

YES: Superman, Keene, Brown, Poindexter, Glick, Nash, DeLacee

NO: Sewall, McLane, Moock, O'Connell, Skogstad, Little, Hodgins



Speaking against Ordinance 91-13 were Assemblymembers Moock, Brown and Glick.



Speaking in favor of Ordinance 91-13 were Assemblymembers Hodgins and McLane.



ASSEMBLYMEMBER LITTLE MOVED TO POSTPONE ORDINANCE 91-13 TO MAY 21, 1991



Assemblymember Hodgins spoke against postponement of Ordinance 91-13.



THE LITTLE MOTION TO POSTPONE ORDINANCE 91-13 FAILED BY A VOTE OF 7 YES, 7 NO

YES: Superman, Brown, O'Connell, Skogstad, Little, Nash, DeLacee

NO: Sewall, McLane, Keene, Moock, Poindexter, Glick, Hodgins



ASSEMBLYMEMBER MCLANE MOVED TO LIMIT DEBATE OF ORDINANCE 91-13



UNANIMOUS CONSENT WAS REQUESTED. THERE WAS OBJECTION.



THE MCLANE MOTION TO LIMIT DEBATE FAILED BY A VOTE OF 6 YES, 8 NO

YES: Sewall, McLane, Poindexter, Glick, Little, Hodgins

NO: Superman, Keene, Moock, Brown, O'Connell, Skogstad, Nash, DeLacee



ORDINANCE 91-13 FAILED BY A VOTE OF 6 YES, 8 NO

YES: Sewall, McLane, Poindexter, O'Connell, Skogstad, Hodgins

NO: Superman, Keene, Moock, Brown, Glick, Little, Nash, DeLacee



ASSEMBLYMEMBER SUPERMAN MOVED TO RECONSIDER ORDINANCE 91-13



2. Ordinance 91-14: "Amending KPB 5.22 to Allow Funding for Services to Senior Citizens within a Particular Precinct to be Allocated to the Organization Servicing Seniors in that Precinct if More than One Organization Provides Services in the Precinct" (Glick)



ASSEMBLYMEMBER GLICK MOVED FOR THE ENACTMENT OF ORDINANCE 91-14



The Local Affairs/Lands Committee recommended postponement of Ordinance 91-14 to May 21, 1991 as reported by Chairman Brown.



President Skogstad called for public comment.



Floyd Stroh, P.O. Box 7000, Nikiski. Mr. Stroh, representing Nikiski senior citizens, urged the Assembly to defeat Ordinance 91-14.



Leroy Barton, 309 Riverside Drive, Soldotna. Mr. Barton spoke against Ordinance 91-14, urging the Assembly to either postpone or defeat it.



Pat Porter, Director, Kenai Senior Center. Ms. Porter thanked the Assembly for all their help in the past. She requested postponement so that the senior groups could have the opportunity to work together to develop a fair funding formula.



President Skogstad closed public comment.



Assemblymember Glick noted that figures from the 1990 census are not in yet. The Borough is not getting its fair share of funding from the Older Alaskans Commission, which may change with reallocation based on those 1990 census figures. Ms. Glick also stated that funding for senior programs is coming from Kenai Peninsula Borough taxpayers, not from federal money.



ASSEMBLYMEMBER GLICK MOVED TO POSTPONE ORDINANCE 91-14 TO MAY 21, 1991



UNANIMOUS CONSENT WAS REQUESTED. THERE WAS OBJECTION.



THE GLICK MOTION TO POSTPONE FAILED WITH A VOTE OF 8 YES, 6 NO

YES: Moock, Brown, Poindexter, Skogstad, Glick, Little, Nash, DeLacee

NO: Sewall, McLane, Superman, Keene, O'Connell, Hodgins



Assemblymember Nash spoke against Ordinance 91-14.



ORDINANCE 91-14 FAILED BY A VOTE OF 1 YES, 13 NO

YES: Glick

NO: Sewall, McLane, Superman, Keene, Moock, Brown, Poindexter, O'Connell, Skogstad, Little, Nash, DeLacee, Hodgins



3. Ordinance 91-17: "Amending KPB 7.10.020 to Allow Transfer of Liquor Licenses in Foreclosure Proceedings Without Protest" (Skogstad)



ASSEMBLYMEMBER GLICK MOVED FOR THE ENACTMENT OF ORDINANCE 91-17



President Skogstad called for public comments.



Keith Ebbert, Mile 45, Sterling Highway, Cooper Landing. Mr. Ebbert thanked the Assembly for addressing this subject by means of Ordinance 91-17. Mr. Ebbert asked the Assembly to consider addressing the issue of Borough policy for liquor license renewal as well as liquor license transfer in regards to foreclosure proceedings.

President Skogstad closed public comment.



Assemblymember Hodgins expressed his support of Ordinance 91-17 as written.



ASSEMBLYMEMBER GLICK ASKED FOR UNANIMOUS CONSENT TO THE ENACTMENT OF ORDINANCE 91-17



ORDINANCE 91-17 WAS ENACTED BY UNANIMOUS CONSENT



G. CONSIDERATION OF RESOLUTIONS



H. Resolution 91-37: "A Resolution Supporting Oil Spill Responder's Limited Immunity" (Brown)



ASSEMBLYMEMBER BROWN MOVED FOR THE ADOPTION OF RESOLUTION 91-37

Local Affairs/Lands Committee reviewed Resolution 91-37 and support Resolution 91-37 (Substitute) by a vote of 3-1. Mr. Brown briefly summarized the content of Resolution 91-37 (Substitute).



President Skogstad called for public comment.



Paul Zimmerman, Kasilof. Mr. Zimmerman spoke in opposition to HB 196 and committee substitute HB 196. Mr. Zimmerman commended Mr. Brown and Superman for Resolution 91-37 (Substitute) and asked the Assembly to adopt it.



Sid Cox, Clam Gulch. Speaking for United Cook Inlet Drift Association and United Fishermen of Alaska, Mr. Cox expressed support of Resolution 91-37 (Substitute).



Mark Necessary, 1625 Fathom Drive, Kenai. Mr. Necessary expressed his support of Resolution 91-37 (Substitute) and thanked the Assembly for their efforts.



President Skogstad closed public comment.



ASSEMBLYMEMBER BROWN MOVED TO AMEND RESOLUTION 91-37 WITH RESOLUTION 91-37 (SUBSTITUTE)



Assemblymember O'Connell indicated that he may have a personal conflict because he works for a company which draws the main portion of its revenues through subcontracts with Tesoro.



President Skogstad permitted Mr. O'Connell to abstain.



ASSEMBLYMEMBER BROWN OBJECTED



Assemblymember DeLacee indicated that she also may have a personal conflict because the company she and her husband own expedite for Conoco, who sends their fuel to Tesoro.



A brief discussion ensued regarding Mr. O'Connell's employment.



ASSEMBLYMEMBER BROWN REMOVED HIS OBJECTION



Assemblymember Sewall felt that these conflicts appropriately should be stated, but are very indirect and are not true financial conflicts, because there is no direct financial tie-in.



ASSEMBLYMEMBER NASH OBJECTED TO PRESIDENT SKOGSTAD'S RULING REGARDING THE O'CONNELL CONFLICT OF INTEREST



THE NASH OBJECTION TO PRESIDENT SKOGSTAD'S RULING PASSED BY A VOTE OF 10 YES, 3 NO

YES: Sewall, Superman, Moock, Brown, Poindexter, Glick, Little, Nash, DeLacee, Hodgins

NO: McLane, Keene, Skogstad

ABSTAINED: O'Connell



UNANIMOUS CONSENT TO THE BROWN AMENDMENT WAS REQUESTED.

THE BROWN MOTION TO AMEND RESOLUTION 91-37 WITH RESOLUTION 91-37 (SUBSTITUTE) PASSED UNANIMOUSLY



UNANIMOUS CONSENT TO THE ADOPTION OF RESOLUTION 91-37 (SUBSTITUTE) WAS REQUESTED.



RESOLUTION 91-37 (SUBSTITUTE) WAS ADOPTED UNANIMOUSLY



2. Resolution 91-46: "Approving the Award of the Sterling Highway Hazard Tree Removal Phase II Timber Removal Contract" (Mayor)



ASSEMBLYMEMBER GLICK MOVED FOR THE ADOPTION OF RESOLUTION 91-46



The Public Works/Education Committee reviewed Resolution 91-46 and unanimously recommended adoption with a minor amendment.



President Skogstad called for public comment.



Dave Cruz, Cruz Land Clearing, Palmer, Alaska. Mr. Cruz protested the award of the above-mentioned contract to the apparent low bidder. He indicated that the low bidder did not submit pre-qualification forms by the date required, and was not in compliance with Borough tax requirements.



Extensive discussion ensued regarding tax compliance and the submission of pre-qualification forms by the low bidder.



Jack Hetherton, Mile 1.4, Spur Highway. Mr. Hetherton voiced his concern that the Borough apparently continues to do business with people who are not in compliance with Borough tax laws.



President Skogstad closed public comment.



Assemblymember Moock spoke against adopting Resolution 91-46 as written, noting that the Public Works/Education Committee was not aware that pre-qualification forms were not submitted as required.



ASSEMBLYMEMBER NASH MOVED TO AMEND RESOLUTION 91-46, CHANGING SECTION 1 TO READ "$33,354.76", DELETING "SNOWBIRD ENTERPRISES" IN SECTIONS 1 AND 2, AND ADDING "CRUZ LAND CLEARING" TO SECTIONS 1 AND 2



Assemblymember Moock spoke in favor of the Nash amendment.



THE NASH AMENDMENT TO RESOLUTION 91-46 PASSED BY A VOTE OF 10 YES, 4 NO

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

NO: McLane, Keene, Poindexter, O'Connell





ASSEMBLYMEMBER MOOCK MOVED TO AMEND RESOLUTION 91-46 BY DELETING THE FIRST "REMOVAL" IN THE TITLE, TO READ "APPROVING THE AWARD OF THE STERLING HIGHWAY HAZARD TREE PHASE II TIMBER REMOVAL CONTRACT" AND IN SECTION 1 DELETING THE FIRST "REMOVAL," SECTION 1 TO READ "THAT THE AWARD OF CONTRACT FOR THE STERLING HIGHWAY HAZARD TREE PHASE II TIMBER REMOVAL CONTRACT..."



UNANIMOUS CONSENT TO THE MOOCK AMENDMENT WAS REQUESTED

THE MOOCK AMENDMENT TO RESOLUTION 91-46 PASSED BY UNANIMOUS CONSENT



UNANIMOUS CONSENT FOR THE ADOPTION OF RESOLUTION 91-46 WAS REQUESTED. THERE WAS OBJECTION.



RESOLUTION 91-46 AS AMENDED WAS ADOPTED BY A VOTE OF 11 YES, 3 NO

YES: Sewall, Superman, Moock, Brown, O'Connell, Skogstad, Glick, Little, Nash, DeLacee, Hodgins

NO: McLane, Keene, Poindexter



3. Resolution 91-41: "Classifying Borough Owned Lands in the Karluk Reef Subdivision and Karluk Reef Subdivision Addition 1 to Classification of "Retained for Specific Use-Government" for a Fire Station Site for the Kalifornsky Beach Fire Service Area" (Mayor)



ASSEMBLYMEMBER GLICK MOVED FOR THE ADOPTION OF RESOLUTION 91-41



Chairman Moock reported that the Public Works/Education Committee supports Resolution 91-41 with a minor amendment.



Chairman Brown reported that the Local Affairs/Lands Committee supports Resolution 91-41.



President Skogstad called for public comment.



Steve O'Connor, Chief, Central Peninsula Emergency Services and Greg Barclay, Chief, Ridgeway/Sterling Fire Service Area. Mr. O'Connor and Mr. Barclay provide administrative services to K-Beach Fire Service Area under an administrative services contract. Mr. O'Connor briefly explained the justification for construction of a fire station for the K-Beach Fire Service Area in the Karluk Reef Subdivision.



Extensive discussion ensued regarding the use of prime bluff/beachfront property in the middle of a residential area for the construction of a fire station.



ASSEMBLYMEMBER NASH MOVED TO POSTPONE RESOLUTION 91-41 TO MAY 7, 1991



UNANIMOUS CONSENT WAS REQUESTED. THERE WAS OBJECTION.



Assemblymember Moock spoke against postponement. She explained that the K-Beach Fire Service Area is under a deadline regarding the possibility of obtaining grant money.



Finance Director Ross Kinney explained to the Assembly that a grant was awarded by the Department of Administration five years ago to the K-Beach Fire Service Area in the amount of $50,000 for the construction of a fire station. That grant expires on June 10, 1991 if the money is not committed or spent.



ASSEMBLYMEMBER NASH WITHDREW HIS MOTION TO POSTPONE



(Assemblymember Sewall left the meeting at 11:10 P.M.)



ASSEMBLYMEMBER MCLANE MOVED TO AMEND RESOLUTION 91-41, SECTION 1, STRIKING PARAGRAPH 3 TO REMOVE THE SENTENCE BEGINNING "LOT 1 TRACT A, KARLUK REEF SUBDIVISION..."



UNANIMOUS CONSENT WAS REQUESTED. THERE WAS OBJECTION.



Assemblymember Moock spoke against the McLane amendment.



THE MCLANE MOTION TO AMEND RESOLUTION 91-41 FAILED BY A VOTE OF 7 YES, 6 NO

YES: McLane, Superman, Keene, O'Connell, Nash, DeLacee, Hodgins

NO: Moock, Brown, Poindexter, Skogstad, Glick, Little



Assemblymember Hodgins spoke against Resolution 91-41. Mr. McLane felt that construction of a fire station was not an appropriate use of prime bluff property.



Assemblymember Brown spoke in favor of Resolution 91-41.



ASSEMBLYMEMBER MOOCK MOVED TO AMEND RESOLUTION 91-41, DELETING FROM THE TITLE "RETAINED FOR SPECIFIC USE-GOVERNMENT," TO BE REPLACED WITH "PUBLIC USE-LANDS" AND SECTION 1, LINE 3 DELETING "RETAIN FOR SPECIFIC USE WITH A SUBCLASSIFICATION OF GOVERNMENT" TO BE REPLACED WITH "RETAIN FOR PUBLIC USE"



UNANIMOUS CONSENT WAS REQUESTED.



THE MOOCK AMENDMENT TO RESOLUTION 91-41 PASSED BY UNANIMOUS CONSENT



Assemblymember O'Connell spoke against Resolution 91-41. Mr. O'Connell's concern also was in regard to the use of prime bluff property for development of a fire station.



RESOLUTION 91-41 AS AMENDED FAILED BY A VOTE OF 6 YES, 7 NO

YES: Moock, Brown, Poindexter, Glick, Little, DeLacee

NO: McLane, Superman, Keene, O'Connell, Skogstad, Nash, Hodgins



ASSEMBLYMEMBER MOOCK REQUESTED RECONSIDERATION OF RESOLUTION 91-41 AS AMENDED



At this time the 11:30 P.M. legislative deadline was reached. President Skogstad announced that a special meeting will be held April 30, 1991 to consider Resolution 91-43 regarding the school budget. President Skogstad thanked Dr. Holmes and his administration for attending tonight's meeting.



I. RIGHT-OF-WAY VACATIONS



N/A



J. INTRODUCTION OF ORDINANCES NOT ON  CONSENT AGENDA



N/A



K. ADDITION OF LATE ITEMS



N/A



L. PENDING LEGISLATION

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



M. Ordinance 91-12: "Amending KPB 21.12 to Provide Written Procedures for Filing Complaints, Holding Hearings Before the Planning Commission, and Conducting Appeals" (Policies & Procedures Comte) (Set for Hearing 5/7/91)



N. Ordinance 91-15: "Accepting a $30,000 Grant from Alaska Department of Environmental Conservation to the Local Emergency Planning Committee for Developing an Oil and Hazardous Substance Emergency Response Plan" (Mayor) (Set for Hearing 5/7/91)



3. Ordinance 91-16: "Amending KPB 22.40.030 to Allow the Use of the Updated Mason's Manual of Legislative Procedure 1989 Edition Revised" (Policies/Procedures Committee) (Set for Hearing 5/7/91)



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



5. Resolution 91-29: "Delegating Responsibility for Administration and Operation of Road Service Areas to the Road Service Area Boards" (Mayor)(Tabled)



6. 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) (Tabled)



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



N/A



P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (5 Minutes)



N/A



Q. MAYOR'S REPORT



N/A



R. OTHER BUSINESS



N/A



S. ASSEMBLY AND MAYOR'S COMMENTS



1. Assemblymember DeLacee stated for the record that in her opinion Mayor Gilman is trying to facilitate a bad situation and is not involved in a power play for the control of Records Management.



2. Assemblymember Little expressed her concern over the length of time spent on an issue that should have taken 1/4 the time.



3. Assemblymember Glick announced that the Kenai Peninsula Caucus will be meeting Friday, April 19th at 4:00 P.M. in the Kenai City Council Chambers.



4. Assemblymember McLane urged assemblymembers to look at properties being used for fire stations in the area before Resolution 91-41 is reconsidered at the next meeting. He noted that 3.7 acres is a large tract of land to retain for a fire station and expressed the hope that those types of lands will remain unclassified until a plan is in place for determining the highest and best use for them.



5. Assemblymember Superman spoke regarding his request to take Resolution 91-29 off the table. It is his hope that various assemblymembers will have the opportunity to address some of the concerns of the service area they specifically represent before the resolution is tabled.



6. Assemblymember Moock congratulated Coach Sherri Hobart and the Lady Bulldogs in Nikiski for taking third in the State in volleyball. Nikiski administration, coaching staff and parents are to be congratulated.



7. Assemblymember Brown reiterated Ms. Moock's congratulations to Sherri for a job well done. Mr. Brown also asked for some type of public meeting for senior funding allocation. Mr. Brown thanked the Assembly for their support of the Tesoro resolution.



8. Assemblymember Poindexter announced that a resolution will be presented at the next meeting regarding fully informed juries.



9. President Skogstad announced receipt of letters from Lt. General Thomas McInerney of Elemendorf Air Base in Anchorage and Major General Samuel Ebbesen of Ft. Wainwright thanking the Assembly for their resolution in support of the armed forces serving in the Persian Gulf.



Earth Day is April 22, 1991; President Skogstad encouraged everyone to do their part in making the earth a cleaner and healthier place to live.



A special meeting will be held on April 30, 1991 at 7:30 P.M. First item of business will be Resolution 91-43, "Determining the Amount That Will Be Provided From Local Sources for School Purposes for Fiscal Year 1991-92," followed by Resolution 91-45, and Ordinance 91-20.



A meeting with the senior groups will be announced shortly.



10. Assemblymember Nash requested that the special joint workshop session for the Policies and Procedures Committee and the Planning Department regarding Ordinance 91-12 be held Thursday, May 2nd at 7:00 P.M.



There will be a Policies and Procedures Committee meeting this Thursday, April 18, 1991.



11. Assemblymember Superman requested extension of the filing deadline for the recruitment of a Borough Clerk to April 30, 1991.



T. INFORMATIONAL MATERIALS AND REPORTS



Thank You Letter - KPB School Board



U. NOTICE OF NEXT MEETING AND ADJOURNMENT



A Special Meeting will be held April 30, 1991 at 7:30 P.M.



The meeting adjourned at 11:54 P.M.





Date Approved







James W. Skogstad, Assembly President







ATTEST:







Acting Borough Clerk