BOROUGH ADMINISTRATION BUILDING
SOLDOTNA, ALASKA
May 7, 1991
REGULAR ASSEMBLY MEETING - 7:30 P.M.
MINUTES
A. CALL TO ORDER
The meeting was called to order by President Skogstad at 7:30 P.M.
B. PLEDGE OF ALLEGIANCE
C. INVOCATION
Pastor James Pearson of the Christ Lutheran Church gave the invocation.
D. ROLL CALL
Present: Sewall, McLane, Anderson, Superman, Keene, Moock, Brown, Poindexter, O'Connell, Skogstad, Glick, Little, Nash, DeLacee, Hodgins, Walli
E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLY MEMBERS
F. APPROVAL OF MINUTES
Minutes of Regular Assembly Meeting 4/16/91
The minutes of the April 16, 1991 were approved unanimously with one correction. On page 14, the vote on the McLane motion to amend Resolution 91-41, should read "FAILED."
H. COMMITTEE REPORTS
Finance (Chair, J. Sewall)
The Finance Committee did not have a quorum and did not meet.
Legislative (Chair, S. McLane)
The Legislative Committee did not have a quorum; however, Chairman McLane gave a report from Marla Huss, Legislative Liaison in Juneau.
Local Affairs/Lands (Chair, J. Brown)
The Local Affairs/Lands Committee met with a quorum, discussing all agenda items.
Public Works/Education (Chair, S. Moock)
The Public Works/Education Committee met and discussed agenda items.
Other Committees
Local Emergency Planning Committee (LEPC)
(Representative: Sewall)
. The LEPC met on Wednesday, May 1, 1991 and as a result of that meeting, is requesting the Assembly to enact Ordinance 91-15, accepting a $30,000 grant from the State of Alaska Department of Environmental Conservation for Local Emergency Planning Committee development.
Kenai Peninsula College Board (Representative: Moock)
. Graduation ceremonies were held last week here and in Homer. One student graduated with a bachelor's degree, having attained almost all of her credits at KPC.
Kenai River Special Management Area Advisory Board
(Representative: McLane)
. The Board met on Thursday, May 2, 1991 in a work session to consider amendments to the proposed regulations restricting guiding on the Kenai River. Another work session will be held May 9th at 6:00 P.M. at the Cook Inlet Aquaculture Building. The regular meeting of the Board will be held May 16, 1991.
Cook Inlet Regional Citizens Advisory Council, (CIRCAC)
(Representative: Brown)
. CIRCAC met on Friday, May 3rd, at which time the Board of Directors was selected.
Apportionment Committee
. The Apportionment Committee met Wednesday, May 1st to discuss four options being considered for reapportionment. The committee will meet again on Wednesday May 8th and the reapportionment plans will be presented to the Assembly on May 21st.
REPORTS OF COMMISSIONS AND COUNCILS
AGENDA APPROVAL AND CONSENT AGENDA
Assemblymember Hodgins requested the addition of Resolution 91-56 to the agenda. President Skogstad placed Resolution 91-56 on the Consent Agenda.
Assemblymember Sewall requested the following:
. The successful low bidder and bid amount be added to Resolution 91-48, namely, Swenson and Metco with a bid of $1,022,633.32.
. Ordinance 91-21 (Substitute) be introduced and set for hearing June 11, 1991, striking the word "Substitute."
. Unnumbered Resolution of Commendation commending Alecc Clark for outstanding achievement be added to the Consent Agenda.
Assemblymember McLane requested that a minor amendment be made to Resolution 91-51, Section 1, changing the acreage listed to 2.630.
Assemblymember Keene requested removal of Ordinance 91-23 from the Consent Agenda. Ordinance 91-23 was placed under "Introduction of Ordinances," as the first item of business.
Assemblymember McLane requested that Item I (5), Resolution 91-53 be removed from the Consent Agenda. Resolution 91-53 was placed under "Consideration of Resolutions" as Item M (2).
Assemblymember Poindexter requested Ordinance 91-22 be removed from the Consent Agenda. Ordinance 91-22 was placed under "Introduction of Ordinances," as the first item, followed by Ordinance 91-23.
The Consent Agenda now reads:
Resolution of Commendation
Resolution 91-47: "Supporting Senate Bill 194 That Would Provide Hepatitis B Screening and Vaccination for Emergency Medical Services Providers" (Sewall)
Resolution 91-48. "Authorizing the Award of a Contract to Construct the Seward Solid Waste Transfer Facility" (Mayor)
Resolution 91-51. "Authorizing the Trade of Borough Owned Land in the Mackey Lake Area for Salamatof Native Corporation Owned Land in Nikiski Area to be Used as Additional Right-of-Way for the Cabin Lake Road Improvement Project" (Mayor)
Resolution 91-52. "A Resolution of the Kenai Peninsula Borough Assembly Requesting the Division of Parks and Outdoor Recreation to Consider Payment of Kenai Peninsula Borough Sales Tax to Qualify for Kenai River Guiding Experience" (McLane, Little)
Ordinance 91-21 (Substitute). "Appropriating Funds for Fiscal Year 1991-92" (Mayor) (Hearing 6/11/91)
Resolution 91-56: "A Resolution Opposing the Bycatch of Alaskan Chinook Salmon by the United States and Foreign Trawl Fisheries" (Hodgins)
Committee reports on the Consent Agenda:
1. Local Affairs/Lands Committee:
. Support unanimously Resolution 91-51
. Unanimously support leaving Ordinance 91-23 on the Consent Agenda
. Requested that Resolution 91-53 be removed from the Consent Agenda
2. Public Works/Education:
. Unanimous "do pass" Resolution 91-48 and Resolution 91-51
President Skogstad called for public comment. There was none.
ASSEMBLYMEMBER SEWALL MOVED TO APPROVE THE CONSENT AGENDA AND AGENDA AS AMENDED
THE REVISED AGENDA AND CONSENT AGENDA WERE APPROVED UNANIMOUSLY
President Skogstad read the Resolution of Commendation regarding Alecc Clark.
ITEMS NOT COMPLETED FROM PRIOR AGENDA
MOTIONS TO RECONSIDER
Ordinance 91-13: "Establishing a Central Services Department of the Kenai Peninsula Borough" (Mayor)
ASSEMBLYMEMBER McLANE MOVED TO RECONSIDER ORDINANCE 91-13
Discussion ensued regarding reconsideration of Ordinance 91-13. Borough Attorney Tom Boedeker said that if an amendment was proposed and acted upon previously, the amendment would not be reconsidered unless notice of reconsideration was given on the specific amendment, or if the rules had been suspended.
Assemblymember Superman spoke in favor of reconsideration.
THE MOTION TO RECONSIDER ORDINANCE 91-13 FAILED BY A VOTE OF 8 YES, 7 NO
YES: McLane, Anderson, Superman, Moock, Poindexter, Skogstad, Little, DeLacee
NO: Sewall Keene, Brown, O'Connell, Nash, Hodgins, Walli
Resolution 91-41 (Amended): "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 MOOCK MOVED FOR RECONSIDERATION OF RESOLUTION 91-41
The Local Affairs/Lands Committee and the Public Works/Education Committee voted unanimously to reconsider.
THE MOTION TO RECONSIDER RESOLUTION 91-41 PASSED BY A VOTE OF 13 YES, 2 NO
YES: Sewall, McLane, Anderson, Superman, Keene, Moock, Brown, Poindexter, Little, Nash, DeLacee, Hodgins, Walli
NO: O'Connell, Skogstad
ASSEMBLYMEMBER MOOCK MOVED TO SUSPEND THE RULES TO ALLOW FOR INTRODUCTION OF AN AMENDMENT WHICH WAS PREVIOUSLY MADE, REMOVING THE SECOND BLUFF LOT
UNANIMOUS CONSENT WAS REQUESTED. THERE WAS OBJECTION.
THE MOOCK MOTION TO SUSPEND THE RULES PASSED BY A VOTE OF 11 YES, 4 NO
YES: Sewall, McLane, Anderson, Superman, Moock, Brown, Little, Nash, DeLacee, Hodgins, Walli
NO: Keene, Poindexter, O'Connell, Skogstad
ASSEMBLYMEMBER MOOCK MOVED TO AMEND RESOLUTION 91-41, THE SECOND WHEREAS, REMOVING "AND LOT 1 TRACT A, KARLUK REEF SUBDIVISION 1987 SUBDIVISION OF TRACT A ADDITION 1" AND IN SECTION 1, REMOVE "LOT 1 TRACT A, KARLUK REEF SUBDIVISION 1987 SUBDIVISION OF TRACT A ADDITION 1, CONTAINING 4.11 ACRES, MORE OR LESS"
Discussion ensued regarding incorrect amendments which were made to Resolution 91-41 as contained in the packet. A brief at ease was called, at which time a corrected version of Resolution 91-41 as amended was placed before the Assembly. Assemblymember Moock restated her motion regarding Resolution 91-41.
UNANIMOUS CONSENT TO THE MOOCK AMENDMENT WAS REQUESTED. THERE WAS NO OBJECTION.
THE MOOCK AMENDMENT PASSED BY A UNANIMOUS VOTE
Assemblymember McLane spoke in favor of Resolution 91-41.
President Skogstad called for public comment.
Martin Hall, P.O. Box 3574, Soldotna. Mr. Hall is a member of the K-Beach Fire Service Area Board. Mr. Hall asked for the Assembly's support of Resolution 91-41.
President Skogstad closed public comment.
UNANIMOUS CONSENT ON RESOLUTION 91-41 AS AMENDED WAS REQUESTED. THERE WAS NO OBJECTION.
RESOLUTION 91-41 AS AMENDED WAS ADOPTED BY UNANIMOUS CONSENT
ORDINANCE HEARINGS
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 Committee)
ASSEMBLYMEMBER NASH MOVED FOR THE ENACTMENT OF ORDINANCE 91-12
Assemblymember Nash stated that the Policies and Procedures Committee would be recommending postponement to May 21, 1991.
President Skogstad called for public comment.
Jack Hetherton, Mile 1.4, Spur Highway. Mr. Hetherton spoke against postponement.
President Skogstad closed public comment.
Assemblymember Nash stated that following discussions with the Planning Commission and the Borough Attorney, additional changes have been made to Ordinance 91-12. A reference document will be made available through the Clerk's Office.
ASSEMBLYMEMBER NASH MOVED TO AMEND ORDINANCE 91-12 TO THE SUBSTITUTE PLACED BEFORE THE ASSEMBLY
UNANIMOUS CONSENT WAS REQUESTED. THERE WAS NO OBJECTION.
ASSEMBLYMEMBER NASH MOVED TO POSTPONE ORDINANCE 91-12 SUBSTITUTE TO MAY 21, 1991 AND RE-OPEN PUBLIC HEARING AT THAT TIME
Public Works/Education Committee recommended amending Ordinance 91-12 with the substitute and postponing to May 21, 1991.
Local Affairs/Lands Committee discussed Ordinance 91-12 and had no recommendation. They did not have a copy of the amended version.
THERE BEING NO OBJECTION, ORDINANCE 91-12 SUBSTITUTE WAS POSTPONED TO MAY 21, 1991
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)
ASSEMBLYMEMBER SEWALL MOVED FOR THE ENACTMENT OF ORDINANCE 91-15
President Skogstad called for public comment. There was none.
UNANIMOUS CONSENT WAS REQUESTED. THERE WAS NO OBJECTION.
ORDINANCE 91-15 WAS ENACTED BY UNANIMOUS CONSENT
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)
ASSEMBLYMEMBER NASH MOVED FOR THE ENACTMENT OF ORDINANCE 91-16
Assemblymember Nash explained that the 1979 version of Mason's Manual is no longer available.
President Skogstad called for public comment.
Jack Hetherton, Mile 1.4, Spur Highway. Mr. Hetherton's concern was regarding why a portion of the manual will be suspended by Ordinance 91-22 immediately following the adoption of Ordinance 91-16 authorizing use of the new manual.
It was explained to Mr. Hetherton that the same language which was under review in the 1979 edition is also contained in the 1989 edition and therefore still needs to be revised by Ordinance 91-22.
President Skogstad closed public comment.
Assemblymember Sewall informed Mr. Hetherton that Mason's Manual is used as a guide, but is, however, still subject to being amended by the Borough Assembly.
UNANIMOUS CONSENT WAS REQUESTED. THERE WAS NO OBJECTION.
ORDINANCE 91-16 WAS ENACTED BY UNANIMOUS CONSENT
ASSEMBLYMEMBER SEWALL MOVED TO SUSPEND THE RULES TO ADD TO THE AGENDA AN EXECUTIVE SESSION OF THE ASSEMBLY
THERE BEING NO OBJECTION, THE RULES WERE SUSPENDED
ASSEMBLYMEMBER SEWALL MOVED TO GO INTO EXECUTIVE SESSION TO DISCUSS THE BOROUGH CLERK APPLICATIONS
THERE BEING NO OBJECTION, THE ASSEMBLY WENT INTO EXECUTIVE SESSION
NOTE: Assemblymembers Sewall and McLane did not return to their seats following Executive Session.
CONSIDERATION OF RESOLUTIONS
Resolution 91-29. "Delegating Responsibility for Administration and Operation of Road Service Areas to the Road Service Area Boards" (Mayor) (Removed from Table by Superman)
ASSEMBLYMEMBER SUPERMAN MOVED TO ADOPT RESOLUTION 91-29
Public Works/Education reported a unanimous "do not pass"
with a recommendation to the President to consider the creation of a standing committee of the Assembly to study service area concerns.
President Skogstad called for public comment.
Alan Bute, Nikiski. Mr. Bute spoke in favor of Resolution 91-29.
President Skogstad closed public comment.
UNANIMOUS CONSENT WAS REQUESTED. THERE WAS OBJECTION.
RESOLUTION 91-29 FAILED BY A VOTE OF 3 YES, 10 NO
YES: Superman, Brown, Nash
NO: Anderson, Keene, Moock, Poindexter, O'Connell, Skogstad, Little, DeLacee, Hodgins, Walli
Resolution 91-53. "Setting an Advisory Vote Within the Nikiski Fire Service Area, the North Peninsula Recreation Service Area and the North Peninsula Road Service Area Regarding Combining Those Service Areas" (Nash, Brown, Superman)
ASSEMBLYMEMBER NASH MOVED FOR THE ADOPTION OF RESOLUTION 91-53
Local Affairs/Lands Committee voted 2-3 "do not pass."
President Skogstad called for public comment.
Jack Hetherton, Mile 1.4, Spur Highway. Mr. Hetherton spoke against Resolution 91-53.
President Skogstad closed public comment.
A brief discussion ensued regarding how much input was
received from the service area boards regarding consolidation.
Assemblymember Little expressed the feeling that she would be more willing to support this resolution if it had been initially presented in the form of a petition from the people.
Assemblymembers Walli and Hodgins spoke against Resolution 91-53. Mr. Hodgins felt that additional time was needed in order to hear from the various boards to determine how they feel about consolidation.
ASSEMBLYMEMBER HODGINS MOVED TO POSTPONE RESOLUTION 91-53 UNTIL JUNE 18
THE HODGINS MOTION TO POSTPONE FAILED BY A VOTE OF 8 YES, 5 NO
YES: Anderson, Moock, Poindexter, Skogstad, Little, DeLacee, Hodgins, Walli
NO: Superman, Keene, Brown, O'Connell, Nash
Assemblymember Superman spoke in favor of Resolution 91-53, reiterating that it is an advisory question being placed before the residents of the North Peninsula. Mr. Superman urged the Assembly to support this resolution.
Assemblymember Brown spoke in favor of Resolution 91-53.
Assemblymember DeLacee spoke against Resolution 91-53 stating that she has heard negative comments regarding this proposal from her constituents.
Assemblymember Moock spoke in favor of Resolution 91-53.
RESOLUTION 91-53 FAILED BY A VOTE OF 7 YES, 6 NO
YES: Superman, Keene, Moock, Brown, Poindexter, Skogstad, Nash
NO: Anderson, O'Connell, Little, DeLacee, Hodgins, Walli
CONSIDERATION OF VACATION OF RIGHT-OF-WAY
INTRODUCTION OF ORDINANCES NOT ON CONSENT AGENDA
PRESIDENT SKOGSTAD REQUESTED SUSPENSION OF THE RULES TO MAKE A CHANGE IN THE AGENDA
THERE BEING NO OBJECTION, THE RULES WERE SUSPENDED
ORDINANCE 91-23 WAS PLACED AS THE FIRST ITEM UNDER INTRODUCTION OF ORDINANCES NOT ON CONSENT AGENDA
Ordinance 91-23. "Appropriating $20,000 to Provide a Grant to the Kenai Peninsula Borough Economic Development District to Offset the Impacts to Tourism That Might Occur if the Kenai River King Salmon Fisheries are Restricted to Catch and Release" (Mayor) (Hearing 5/21/91)
ASSEMBLYMEMBER WALLI MOVED TO SET A SHORTENED HEARING DATE OF MAY 21, 1991 FOR ORDINANCE 91-23
Local Affairs/Lands reported a unanimous "do introduce."
President Skogstad called for public comment.
Dennis Hanoski, Homer. Mr. Hanoski is a member of the Kenai Peninsula Borough Economic Development District Board of Directors. Mr. Hanoski spoke in favor of Ordinance 91-23 and urged the Assembly to support it.
President Skogstad closed public comment.
UNANIMOUS CONSENT WAS REQUESTED
Assemblymember Nash questioned why a shortened hearing was requested, noting that KPB 22.40.100 (C) states that written justification for requesting shortened time must be set forth in writing accompanying the ordinance.
Borough Attorney Tom Boedeker noted the accompanying memorandum explains the need to act quickly and would be in compliance with the KPB 22.40.100 (C).
President Skogstad ruled that the request for shortened hearing is in order.
THERE WAS OBJECTION TO UNANIMOUS CONSENT
THE WALLI MOTION TO SET ORDINANCE 91-23 FOR SHORTENED HEARING FOR MAY 21, 1991 PASSED BY A VOTE OF 11 YES, 2 NO
YES: Anderson, Moock, Brown, Poindexter, O'Connell, Skogstad, Little, Nash, DeLacee, Hodgins, Walli
NO: Superman, Keene
Ordinance 91-22. "Amending Chapter 22.40 of the Borough Code to Add a Provision for Clarifying Procedures for Reconsideration of Assembly Actions" (Policies & Procedures Committee)(Hearing 6/4/91)
ASSEMBLYMEMBER NASH MOVED TO SET THE HEARING DATE FOR ORDINANCE 91-22 TO JUNE 4, 1991
President Skogstad called for public comment. There was none.
UNANIMOUS CONSENT WAS REQUESTED. THERE WAS OBJECTION.
THE MOTION TO SET JUNE 4, 1991 AS THE HEARING DATE FOR ORDINANCE 91-22 PASSED BY A VOTE OF 11 YES, 2 NO
YES: Anderson, Superman, Keene, Moock, Brown, Skogstad, Little, Nash, DeLacee, Hodgins, Walli
NO: Poindexter, O'Connell
ADDITION OF LATE ITEMS
PENDING LEGISLATION
(This item lists legislation which will be addressed at a later time as noted)
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) (Postponed to 6/4/91)
Ordinance 91-19: "Appropriating Funds for School Purposes for Fiscal Year 1991/92" (Mayor) (Hearing 5/21/91)
Ordinance 91-20: "Authorizing A Lease With Option to Purchase on Lands Located Within a Portion of the NW�NE� of Section 36 and a Portion of the S�SE� of Section 25, Township 5 North, Range 3 West, Seward Meridian" (Mayor) (Hearing 5/21/91)
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)
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)
FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA (10 Minutes)
PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (5 Minutes)
MAYOR'S REPORT
As presented in the packet:
Seward Solid Waste Transfer Facility
Hazardous Materials Site in Clam Gulch
Spill Site Southeast of Soldotna
Mayor Gilman spoke of the importance of having supervised, monitored landfill sites to prevent hazardous materials from being dumped in borough landfills.
The Mayor referred the Assembly to pages 17, 19, 21, 22, and 23 of the budget for their review prior to the budget work session being scheduled for May 21, 1991.
OTHER BUSINESS
A hearing is scheduled for May 21, 1991 as a part of the Regular Assembly Meeting regarding the "Notice of Appeal: Decision of Planning Commission of April 15, 1991, Sylvan Circle, Tract 1-D-1 Scenic Heights S/D."
ASSEMBLY AND MAYOR'S COMMENTS
1. There will be an Apportionment Committee on May 8th at 6 P.M.
2. A budget work session will be held on May 21, 1991 from 5:00 - 7:00 P.M.
3. Mike Tagliavento, Director of Economic Development District, will give a presentation to the Assembly on Tuesday, June 4, 1991 at 6:45 P.M. regarding accomplished goals and future goals for the EDD.
4. A committee of the whole will be held to discuss the Borough Clerk applications on Tuesday, May 14th at 5:00 P.M.
5. The Local Affairs/Lands Committee will meet Tuesday, May 14th at 7:00 P.M. in the Borough Building.
INFORMATIONAL MATERIALS AND REPORTS
Budget Revisions were included as part of the packet.
NOTICE OF NEXT MEETING AND ADJOURNMENT
1. The next Regular Assembly Meeting will be held on Tuesday, May 21, 1991.
Date Approved
James W. Skogstad, Assembly President
ATTEST:
Acting Borough Clerk