ASSEMBLY MINUTES
BOROUGH ADMINISTRATION BUILDING
SOLDOTNA, ALASKA
June 18, 1991 - 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 Earl Barnett of the Soldotna Baptist Church gave the invocation.
D. ROLL CALL
PRESENT: Sewall, Anderson, Superman, Keene, Moock, Brown, Poindexter, O'Connell, Skogstad, Glick, Little, Nash, DeLacee, Hodgins
ABSENT: Walli
(Mr. McLane arrived later in the evening.)
E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLY MEMBERS
F. APPROVAL OF MINUTES
1. Minutes of Regular Assembly Meeting, 5/21/91
2. Minutes of Board of Equalization 5/16/91
The above-stated minutes were approved as written.
G. COMMITTEE REPORTS
1. Finance (Chair, J. Sewall)
The Finance Committee did not meet due to lack of a quorum.
2. Legislative (Chair, S. McLane)
The Legislative Committee did not meet.
3. Local Affairs/Land (Chair, J. Brown)
The Local Affairs/Lands Committee met and discussed agenda items which will be reported on at the appropriate time.
4. Public Works/Education (Chair, S. Moock)
The Public Works/Education Committee did not have a quorum but met and discussed various agenda items.
H. REPORTS OF COMMISSIONS AND COUNCILS
Gilbert Veal, Nikiski, representing the Citizens Committee of Nikiski, encouraged the Assembly to support Resolution 91-78 regarding the incorporation of the Nikiski area. Mr. Veal also asked assemblymembers to vote against the consolidation of the road service areas.
(Note: Assemblymember McLane arrived at approximately 8:00 P.M.)
I. AGENDA APPROVAL AND CONSENT AGENDA
President Skogstad noted the lengthy agenda for this evening, stating that a special meeting will be scheduled within the next few days if tonight's agenda is not completed. He also stated that he will propose a schedule for July meetings on the 9th and 23rd.
Assemblymember Moock requested that Resolution 91-81, which was a late item, be placed on the Consent Agenda. There was objection and Resolution 91-81 was placed under P. Addition of Late Items.
Assemblymember Little noted that Ordinance 91-32 was not in the packets but members had a copy available at their desk.
Assemblymember Hodgins requested that Resolution 91-80 be placed on the Consent Agenda. Resolution 91-80 was placed on the Consent Agenda as item 10.
The Consent Agenda now reads:
1. Resolution 91-76: "Declaring Borough Property Excess and Authorizing Its Disposal to the Moose Horn Amateur Radio Club" (Mayor)
2. Resolution 91-77: "Authorizing Amendment to the "Cooperative Resource Management Agreement Between the State of Alaska Department of Natural Resources and the Kenai Peninsula Borough for the Cooper Landing Fire Hazard Reduction Project" and Authorizing Acceptance of $65,700 from State Department of Natural Resources as Additional Funding to Complete the Projects Forecasted Expenditures" (Mayor)
3. Resolution 91-79: "Authorizing the Mayor to Award a Water Monitoring/Testing Contract for the Post Closure Monitoring of the Sterling Special Waste Site" (Mayor)
4. Resolution 91-83: "Authorizing the Mayor to Award a Contract for the Ceramic Tile Installation at Skyview High School" (Mayor)
5. Ordinance 91-28: "Accepting and Appropriating a Grant From the State of Alaska for the Kenai Peninsula Borough Coastal Management Program" (Mayor) (Hearing 7/23/91)
6. Ordinance 91-29: "Authorizing the Sale of Borough Lands Described as Tract A Fishermen Roads Subdivision to William J. Nelson" (Mayor) (Hearing 7/23/91)
7. Ordinance 91-30: "Authorizing Lease of the Former Kenai Landfill Described as Tract A, Alaska State Land Survey No. 79-57 to Peninsula Modelers Association" (Mayor) (Hearing 7/23/91)
8. Ordinance 91-31: "Authorizing Indebtedness by the Issuance of Bonds in an Amount Not to Exceed $4,400,000 for the Purpose of Funding Additions to and Renovation of the Nikiski Pool Facility in the North Peninsula Recreation Service Area, and Pledging the Full Faith and Credit of the North Peninsula Recreation Service Area for an Annual Levy of Taxes Within the North Peninsula Recreation Service Area in an Amount Sufficient to Pay
the Principal and Interest, Subject to Approval by the Voters in the North Peninsula Recreation Service Area at the Borough Election of October 1, 1991" (Mayor at Request of North Peninsula Recreation Service Area Board) (Hearing 7/23/91)
9. Ordinance 91-32: "Establishing a New Central Emergency Service Area for Provision of Fire and Emergency Medical Services in that Geographic Area Generally Described as the Current Kalifornsky Fire Service Area, the Current Ridgeway-Sterling Fire Service Area, the City of Soldotna, and Certain Bordering Areas as Below-Described, and Further Providing for a Reduction in the Geographic Area of the Central Peninsula Medical Service Area to the Area of Its Current Borders Minus the Area Contained Within the New Central Emergency Service Area" (Mayor at Request of CPEMSA Board, the KFSA Board, the RSFSA Board and the City of Soldotna) (Hearing 7/23/91)
10. Resolution 91-80: "Approving a Waiver of Property Tax Penalty and Interest in Settlement of the Tax Appeal of Salamatof Native Association" (Mayor)
Local Affairs/Lands Committee
. Voted a unanimous "do pass" on Ordinance 91-31 and 91-32 and recommended they remain as Consent Agenda items.
Public Works/Education Committee
. Recommended Resolutions 91-79 and 91-83 and Ordinances 91-30 and 91-31 remain on the Consent Agenda.
Assemblymember Hodgins requested that Resolution 91-78 be placed on the Consent Agenda. There was objection.
President Skogstad called for public comment on Consent Agenda items.
William McGahan, HC01 Box 936, Kenai, urged assemblymembers to oppose Ordinance 91-18 combining the four road service areas into one road service area.
President Skogstad closed the comment period.
A MOTION WAS MADE TO APPROVE THE AGENDA AND CONSENT AGENDA AS AMENDED AND UNANIMOUS CONSENT WAS REQUESTED
THERE BEING NO OBJECTION, THE AMENDED CONSENT AGENDA AND AGENDA WERE APPROVED UNANIMOUSLY
J. ITEMS NOT COMPLETED FROM PRIOR AGENDA
1. Ordinance 91-18: "Consolidation of the Existing Four Road Service Areas into One Road Service Area" (Skogstad, McLane) (Hearing 7/2/91)
Assemblymembers Anderson and Walli asked to be co-sponsors.
ASSEMBLYMEMBER MCLANE MOVED TO SET ORDINANCE 91-18 FOR HEARING ON JULY 9, 1991
Borough Attorney Tom Boedeker noted that the July 9th hearing date would be less than 25 days and would require setting a shortened hearing.
ASSEMBLYMEMBER MCLANE WITHDREW HIS ORIGINAL MOTION AND MOVED TO SET ORDINANCE 91-18 FOR HEARING ON JULY 23, 1991
Chairperson Moock reported that Public Works/Education Committee voted 4 yes, 0 no, and 1 abstained for introduction of Ordinance 91-18.
Chairperson Brown reported that the Local Affairs/Lands Committee voted 3-2 "do pass."
President Skogstad called for public comment.
The following people spoke against Ordinance 91-18:
. Alan Bute, North Kenai
. Elaine Carpenter, Box 7336, Nikiski
. Gilbert Veal, Nikiski
. Denise Graham, Wendy Way, Nikiski
. Marty McGahan, P.O. Box 8106, Nikiski
. David Carpenter, Nikiski
President Skogstad closed the public comment period.
Assemblymember Nash spoke against the introduction of Ordinance 91-18. Mr. Nash noted that introductory public hearings are required throughout the borough before an ordinance which establishes a service area can be set for public hearing at a regular assembly meeting. Mr. Nash stated as a Point of Order that Ordinance 91-18 was not properly placed in front of the Assembly.
Tom Boedeker, Borough Attorney, responded that there are two methods by which service areas are initiated, one by the petition process and the other by Assembly action. Mr. Boedeker noted that the hearing process is not required, but rather, optional, and the statutes give any assemblymember the right to introduce an ordinance.
Assemblymember Superman asked to amend out the North Peninsula Road Service Area in Section 1 of Ordinance 91-18. Mr. Boedeker, reading from Borough Code, stated that debate on an ordinance removed from the Consent Agenda shall be limited to the date for public hearing, committee referral and committee reports. The vote shall be limited to whether to set for public hearing and the date. President Skogstad ruled that an amendment at this time is out of order.
Assemblymember Superman spoke against the introduction of Ordinance 91-18.
ORDINANCE 91-18 WAS SET FOR HEARING ON JULY 23, 1991 BY A VOTE OF 11 YES, 4 NO
YES: Sewall, McLane, Anderson, Keene, Moock, Poindexter, O'Connell, Skogstad, Glick, Little, DeLacee
NO: Superman, Brown, Nash, Hodgins
2. 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 GLICK MOVED TO ENACT ORDINANCE 91-9
Chairman Brown reported that the Local Affairs/Lands Committee, after discussion with the Borough Planner, Mayor Gilman, and the Planning Commission, voted unanimously to defeat Ordinance 91-9.
President Skogstad called for public comment. There was none.
ASSEMBLYMEMBER O'CONNELL MOVED TO TABLE ORDINANCE 91-9
UNANIMOUS CONSENT WAS REQUESTED. THERE WAS OBJECTION.
THE O'CONNELL MOTION TO TABLE ORDINANCE 91-9 FAILED BY A VOTE OF 5 YES, 10 NO
YES: Keene, Poindexter, O'Connell, Little, DeLacee
NO: Sewall, McLane, Anderson, Superman, Moock, Brown, Skogstad, Glick, Nash, Hodgins
ORDINANCE 91-9 FAILED BY A VOTE OF 1 YES, 14 NO
YES: Keene
NO: Sewall, McLane, Anderson, Superman, Moock, Brown, Poindexter, O'Connell, Skogstad, Glick, Little, Nash, DeLacee, Hodgins
3. 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)
ASSEMBLYMEMBER NASH MOVED TO ENACT ORDINANCE 91-22
Chairman Nash of the Policy and Procedures Committee stated that the intent of Ordinance 91-22 was to reinstate reconsideration of the main motion only.
President Skogstad called for public comment. There was none.
Discussion ensued regarding the Assembly's power to adjust the agenda. Borough Attorney, Tom Boedeker, responded that the Assembly had the authority to adjust the agenda. He also stated, however, that in no case can an item be moved in front of those items not completed from a prior agenda.
Mr. Boedeker also noted that when reconsideration is granted, the ordinance is back on the floor just as it was at the time of the request for reconsideration. All amendments which have passed relating to the ordinance are in effect.
Assemblymember Sewall spoke against Ordinance 91-22 stating that he felt reconsideration of the amendments should be allowed also.
Assemblymember Poindexter spoke against Ordinance 91-22, stating he feels the Assembly should follow Mason's Manual of Legislative Procedure, Edition 1989 as written, rather than making changes.
Assemblymember McLane stated he could not support Ordinance 91-22 as written. Mr. McLane spoke in favor of being able to reconsider amendments also.
THE NASH MOTION TO ENACT ORDINANCE 91-22 FAILED BY A VOTE OF 8 YES, 7 NO
YES: Sewall, Anderson, Brown, Skogstad, Glick, Nash, DeLacee, Hodgins
NO: McLane, Superman, Keene, Moock, Poindexter, O'Connell, Little
4. Resolution 91-66 (Substitute): "Authorizing the Purchase of Land From Leonard H. Ballard and Fern E. Ballard for the Purpose of Establishing a Buffer Zone of Properties Around the Soldotna Landfill Site" (Mayor)
ASSEMBLYMEMBER GLICK MOVED TO ADOPT RESOLUTION 91-66 SUBSTITUTE
Assemblymember Nash noted a point of order. He stated that the original resolution should be considered prior to a motion to adopt the substitute.
ASSEMBLYMEMBER GLICK WITHDREW HER MOTION ON RESOLUTION 91-66 SUBSTITUTE AND MOVED TO ADOPT RESOLUTION 91-66
Chairman Brown of the Local Affairs/Lands Committee reported the committee voted a unanimous "do pass" on Resolution 91-66 Substitute.
Chairman Moock of the Public Works/Education Committee reported the committee voted a unanimous "do pass" on Resolution 91-66 Substitute.
President Skogstad called for public comment. There was none.
ASSEMBLYMEMBER GLICK MOVED TO AMEND RESOLUTION 91-66 TO RESOLUTION 91-66 SUBSTITUTE
UNANIMOUS CONSENT WAS REQUESTED
THERE BEING NO OBJECTION, RESOLUTION 91-66 WAS AMENDED TO RESOLUTION 91-66 SUBSTITUTE UNANIMOUSLY
Assemblymember Little requested clarification from Mayor Gilman as to whether or not a trade is involved with this resolution. Mayor Gilman stated that there is not a trade involved in the substitute resolution.
Assemblymember Glick objected to the buyout of land on the other side of the road from the landfill.
RESOLUTION 91-66 SUBSTITUTE WAS ADOPTED BY A VOTE OF 13 YES, 2 NO
YES: McLane, Anderson, Superman, Keene, Moock, Brown, Poindexter, O'Connell, Skogstad, Little, Nash, DeLacee, Hodgins
NO: Sewall, Glick
5. Resolution 91-73: "Providing for a Proposition Authorizing the Acquisition of a Nonareawide Power of the Borough to Form Special Assessment Districts to Allow for Construction of Extension of Utility Lines" (Hodgins, Little)
ASSEMBLYMEMBER LITTLE MOVED TO ADOPT RESOLUTION 91-73
Chairman Brown reported the Local Affairs/Lands Committee voted a unanimous "do pass."
President Skogstad called for public comment.
Alan Bute, North Kenai, spoke in favor of Resolution 91-73.
UNANIMOUS CONSENT WAS REQUESTED. THERE WAS OBJECTION.
Discussion ensued regarding what costs the Borough would incur as a result of forming the special assessment district.
Finance Director, Ross Kinney, responded that at the present time no estimate of cost was available, but if assessment districts were formed, any cost associated with the formation of that district would be in the form of levies against the property owners involved. If special assessment districts were proposed and failed to materialize, there would be some administrative costs that would be absorbed by the borough general fund.
Further discussion included what added costs would be incurred by new residents coming into the district after a district had been established and the project was in place. Mr. Hodgins noted that in a special assessment district, majority rule does not apply; if your neighbors opt into the district and you do not, you are not a part of the district. He also stated that administrative costs incurred are considered construction costs and are borne by the landowners involved in the assessment district.
Bob Jensen, Manager of Branch Operations with Enstar Natural Gas, stated he worked as finance director in the Matanuska-Susitna Borough at the time Mat-Su was developing their LID program. Mr. Jensen informed assemblymembers that Enstar charges customers equally within the year of construction and the next two years thereafter. He also noted that maintenance is part of normal operations for Enstar and contracts regarding liability issues are worked out with the borough ahead of time.
Assemblymember Brown spoke for the adoption of Resolution 91-73 with details regarding operations to be worked out later.
Assemblymember Sewall supported the resolution, but expressed concern about the wording.
ASSEMBLYMEMBER MCLANE MOVED TO AMEND THE SECOND LINE OF SECTION 1 AFTER THE PORTION READING "SHALL THE BOROUGH BE AUTHORIZED," ADDING THE WORDS "WHEN REQUESTED BY THE BENEFITTED PROPERTY OWNERS"
Tom Boedeker, Borough Attorney, counseled assemblymembers that such an action would place burdensome restrictions on Borough administration in trying to establish user districts. He suggested that restrictions be placed in the ordinance itself rather than in the proposition placed before the voters.
ASSEMBLYMEMBER MCLANE WITHDREW THE AMENDMENT
ASSEMBLYMEMBER 0'CONNELL MOVED TO AMEND RESOLUTION 91-73, THIRD WHEREAS, TO STRIKE "ESTABLISH UTILITIES" AFTER THE NUMBER 2 AND REPLACE IT WITH "CONSTRUCT OR EXTEND UTILITY LINES"
UNANIMOUS CONSENT WAS REQUESTED
THERE BEING NO OBJECTION, THE O'CONNELL AMENDMENT PASSED UNANIMOUSLY
ASSEMBLYMEMBER NASH MOVED TO AMEND RESOLUTION 91-73 PLACING A QUESTION MARK AFTER "PROPERTY OWNERS" IN THE FOURTH LINE OF THE PROPOSITION, AND STRIKING THE REST OF THE SENTENCE. IN THE PREVIOUS LINE, INSERTING THE WORD "COSTS," TO READ "REPAYMENT OF COSTS BY THE BENEFITTED PROPERTY OWNERS"
THE NASH AMENDMENT PASSED BY A VOTE OF 14 YES, 1 NO
YES: Sewall, McLane, Anderson, Superman, Moock, Brown, Poindexter, O'Connell, Skogstad, Glick, Little, Nash, DeLacee, Hodgins
NO: Keene
ASSEMBLYMEMBER SEWALL MOVED TO AMEND THE FOURTH LINE OF SECTION 1 TO STRIKE THE COMMA BETWEEN UTILITY AND LINES
UNANIMOUS CONSENT WAS REQUESTED
THERE BEING NO OBJECTION, THE SEWALL AMENDMENT PASSED UNANIMOUSLY
RESOLUTION 91-73 AS AMENDED WAS ADOPTED BY A VOTE OF 11 YES, 4 NO
YES: Sewall, McLane, Anderson, Moock, Brown, Skogstad, Glick, Little, Nash, DeLacee, Hodgins
NO: Superman, Keene, Poindexter, O'Connell
6. Resolution 91-74: "Setting New Salary Maximums for Certain Executive and Administrative Employees" (Mayor)
ASSEMBLYMEMBER GLICK MOVED TO ADOPT RESOLUTION 91-74
Chairman Brown reported that the Local Affairs/Lands Committee voted 4-1 "do pass."
President Skogstad called for public comment. There was none.
ASSEMBLYMEMBER NASH MOVED TO AMEND RESOLUTION 91-74 TO DELETE THE INCREASE FOR DATA PROCESSING, PLANNING DIRECTOR AND SOLID WASTE
Assemblymembers Brown, Moock, and Anderson spoke against the Nash amendment.
THE NASH AMENDMENT FAILED BY A VOTE OF 4 YES, 11 NO
YES: Superman, Skogstad, Nash, Hodgins
NO: Sewall, McLane, Anderson, Keene, Moock, Brown, Poindexter, O'Connell, Glick, Little, DeLacee
Assemblymember Brown spoke in support of Resolution 91-74.
ASSEMBLYMEMBER SKOGSTAD MOVED TO AMEND RESOLUTION 91-74 TO DELETE THE INCREASE FOR THE PLANNING DIRECTOR AND CHIEF OF RIDGEWAY/STERLING FIRE SERVICE AREA
Assemblymember Brown spoke against the Skogstad amendment.
ASSEMBLYMEMBER NASH MOVED TO DIVIDE THE SKOGSTAD AMENDMENT, EACH POSITION TO BE VOTED UPON INDIVIDUALLY
PART ONE OF THE SKOGSTAD AMENDMENT TO DELETE THE INCREASE FOR THE BOROUGH PLANNING DIRECTOR FAILED BY A VOTE OF 1 YES, 14 NO
YES: Skogstad
NO: Sewall, McLane, Anderson, Superman, Keene, Moock, Brown, Poindexter, O'Connell, Glick, Little, Nash, DeLacee, Hodgins
PART TWO OF THE SKOGSTAD AMENDMENT TO DELETE THE INCREASE FOR THE CHIEF OF THE RIDGEWAY/STERLING FIRE SERVICE AREA FAILED BY A VOTE OF 2 YES, 13 NO
YES: Keene, Skogstad
NO: Sewall, McLane, Anderson, Superman, Moock, Brown, Poindexter, O'Connell, Glick, Little, Nash, DeLacee, Hodgins
Assemblymember Superman spoke against Resolution 91-74.
Assemblymember Little spoke in support of Resolution 91-74.
RESOLUTION 91-74 WAS ADOPTED BY A VOTE OF 12 YES, 3 NO
YES: Sewall, McLane, Anderson, Keene, Moock, Brown, Poindexter, O'Connell, Skogstad, Glick, Little, DeLacee
NO: Superman, Nash, Hodgins
K. MOTIONS TO RECONSIDER
1. Resolution 91-72 (Substitute): "Selecting Reapportionment Plan Options to be Prepared for Assembly Consideration and Submission to the Voters" (Skogstad)
ASSEMBLYMEMBER BROWN MOVED TO RECONSIDER RESOLUTION 91-72 SUBSTITUTE
Assemblymember Brown, speaking to his motion, stated that only Plan 7 is a viable option and that his intent is to give assemblymembers more time to look at the longterm effects of this one option.
President Skogstad noted that Plan 4 has been brought into compliance with the 10% variation rule. He also stated that the borough attorney and Planning Department will further refine the plans, and will prepare implementation plans on how to carry them out when adopted.
After brief discussion it was determined that the entire resolution and all plans would be before the Assembly again if reconsideration passed.
THE BROWN MOTION TO RECONSIDER RESOLUTION 91-72 FAILED BY A VOTE OF 7 YES, 8 NO
YES: Anderson, Superman, Keene, Brown, Glick, Little, Nash
NO: Sewall, McLane, Moock, Poindexter, O'Connell, Skogstad, DeLacee, Hodgins
L. ORDINANCE HEARINGS
1. 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)
ASSEMBLYMEMBER GLICK MOVED TO ENACT ORDINANCE 91-20
Chairman Brown reported that the Local Affairs/Lands Committee voted a unanimous "do introduce" for setting a hearing date.
President Skogstad called for public comment.
Sherman Smith, Cooper Landing, thanked the Assembly for their part in addressing the issue of beetle killed trees and the hazards they present in the Cooper Landing area. Mr. Smith urged assemblymembers to allow the use of the ten acres referred to in Ordinance 91-20.
Discussion ensued concerning Mr. Smith's operation and how he would deal with slash and clean up issues.
Linda Smith, Cooper Landing testified that her husband's main concern is to utilize that lumber which is now going to waste.
Jack Hetherton, Mile 1.4 Spur Road, spoke in support of Ordinance 91-20 encouraging assemblymembers to make borough properties available for reasonable development.
President Skogstad closed public comment on Ordinance 91-20.
Assemblymember Nash spoke against Ordinance 91-20, stating that the borough does not have provisions for long term lease/option classifications and exceptions should not be made to borough code.
Assemblymember Little expressed concern regarding Ordinance 91-20, in light of the fact that adjacent areas may be suited for residential areas, and spoke against the ordinance.
ASSEMBLYMEMBER MCLANE MOVED TO AMEND SECTION 1 OF ORDINANCE 91-20 BY ADDING A CLAUSE THAT THE LONG TERM LEASE WITH OPTION TO PURCHASE IS SUBJECT TO A 25 FOOT SCREENING EASEMENT ADJACENT TO THE STERLING HIGHWAY RIGHT-OF-WAY WITHIN WHICH LIVING TREES LARGER THAN 3" DIAMETER CANNOT BE CUT OR REMOVED
Assemblymember Moock suggested to Mr. McLane that provision be made for an ingress/egress to the site.
ASSEMBLYMEMBER MCLANE ACCEPTED MS. MOOCK'S SUGGESTION AS A FRIENDLY AMENDMENT
Assemblymember Hodgins spoke in support of the McLane amendment.
Assemblymember Little stated that she would like to see the McLane amendment as a deed restriction once the property is purchased, and a 25 foot buffer surrounding the entire site as a buffer to adjacent properties.
Discussion ensued in which Mr. Troeger, Planning Director, explained setbacks on the subject property and the issue of buffer zones. Mr. Troeger noted that before the property would be conveyed for sale, restrictions would be put on the plat.
President Skogstad passed the gavel to Ms. Glick.
Assemblymember Skogstad spoke against the McLane amendment. Mr. Skogstad stated that he would favor postponing this ordinance to the next meeting so that additional ideas and changes could be considered.
Ms. Glick passed the gavel to President Skogstad.
THE MCLANE AMENDMENT FAILED BY A VOTE OF 6 YES, 9 NO
YES: McLane, Anderson, Superman, Poindexter, Glick, Hodgins
NO: Sewall, Keene, Moock, Brown, O'Connell, Skogstad, Little, Nash, DeLacee
President Skogstad passed the gavel to Ms. Glick.
Speaking to the main motion, Assemblymember Skogstad stated that there had been no indepth consideration by the community or Planning as to whether this is the best location for a long term, long range industrial development site for the Cooper Landing area. Mr. Skogstad felt that development of the Cooper Landing area should be considered as a community and Planning Department effort.
ASSEMBLYMEMBER SKOGSTAD MOVED TO POSTPONE ORDINANCE 91-20 UNTIL THE NEXT REGULAR ASSEMBLY MEETING SCHEDULED FOR JULY 9, 1991
Assemblymember Sewall supported the Skogstad motion to postpone.
Assemblymembers Nash, Hodgins and Poindexter spoke against the Skogstad motion.
Assemblymember Little spoke in favor of postponement.
THE SKOGSTAD MOTION TO POSTPONE FAILED BY A VOTE OF 8 YES, 7 NO
YES: Sewall, Keene, Moock, O'Connell, Skogstad, Glick, Little, DeLacee
NO: McLane, Anderson, Superman, Brown, Poindexter, Nash, Hodgins
Ms. Glick passed the gavel back to President Skogstad.
ASSEMBLYMEMBER HODGINS MOVED TO AMEND ORDINANCE 91-20, CHANGING CHAPTER 17.06 TO 17.04 AND STRIKING THE WORDS "LONG TERM LEASE WITH THE SUBCLASSIFICATION OF HEAVY-INDUSTRIAL," INSERTING THE WORDS "SALE LANDS" AND, IN THE TITLE, DELETING "LONG TERM LEASE-HEAVY INDUSTRIAL," INSERTING THE WORDS "SALE LANDS"
UNANIMOUS CONSENT WAS REQUESTED. THERE WAS OBJECTION.
Assemblymember Keene spoke against the Hodgins' amendment.
THE HODGINS' AMENDMENT PASSED BY A VOTE OF 12 YES, 3 NO
YES: Sewall, McLane, Superman, Moock, Brown, Poindexter, O'Connell, Skogstad, Glick, Nash, DeLacee, Hodgins
NO: Anderson, Keene, Little
THE MOTION TO ENACT ORDINANCE 91-20 FAILED BY A VOTE OF 6 YES, 9 NO
YES: McLane, Superman, Brown, Poindexter, Glick, Hodgins
NO: Sewall, Anderson, Keene, Moock, O'Connell, Skogstad, Little, Nash, DeLacee
ASSEMBLYMEMBER BROWN REQUESTED RECONSIDERATION OF ORDINANCE 91-20
2. Ordinance 91-24: "Authorizing a Transfer of Responsibilities Agreement with the Alaska Department of Transportation and Public Facilities and Appropriating Funds in the Amount of $48,000 to Carry Out the Agreement" (Mayor)
ASSEMBLYMEMBER GLICK MOVED TO ENACT ORDINANCE 91-24
President Skogstad called for public comment. There was none.
UNANIMOUS CONSENT WAS REQUESTED
THERE BEING NO OBJECTION, ORDINANCE 91-24 WAS ENACTED UNANIMOUSLY
M. CONSIDERATION OF RESOLUTIONS
ASSEMBLYMEMBER SEWALL REQUESTED RECONSIDERATION OF ORDINANCE 91-22
1. Resolution 91-78: "Supporting the Incorporation of the Nikiski Area" (Mayor)
ASSEMBLYMEMBER BROWN MOVED FOR THE ADOPTION OF RESOLUTION 91-78
Assemblymember Brown reported the Local Affairs/Lands Committee voted "do pass," 3 yes, 0 no, and 1 abstention.
President Skogstad called for public comment.
Gilbert Veal, Nikiski, urged assemblymembers to support Resolution 91-78.
Bernie Smith, Nikiski, spoke in support of Resolution 91-78.
Bill McGahan, asked for the Assembly's support for Resolution 91-78.
Dave Carpenter, spoke in favor of Resolution 91-78 and requested the Assembly's support.
President Skogstad closed public comment.
UNANIMOUS CONSENT WAS REQUESTED. THERE WAS OBJECTION.
Assemblymember McLane spoke against Resolution 91-78. His concern primarily was due to the large size of the boundaries and a portion of the west side of the inlet being included in the boundaries.
Assemblymember Superman spoke in support of Resolution 91-78, but stated that it is not crucial that the Assembly give its support.
At this time the legislative deadline of 11:30 P.M. was reached. President Skogstad stated that Resolution 91-78 would be placed on the next agenda under "Items Not Completed From Prior Agenda" at the Regular Assembly Meeting of July 9th.
N. CONSIDERATION OF VACATION OF RIGHT-OF-WAY
O. INTRODUCTION OF ORDINANCES NOT ON CONSENT AGENDA
P. ADDITION OF LATE ITEMS
Q. PENDING LEGISLATION
(This item lists legislation which will be addressed at a later time as noted.)
Ordinance 91-25: "Authorizing Initiative Petitions to be Filed and Voted on by Service Area Voters" (Hodgins) (Hearing 7/2/91)
Ordinance 91-26: "Amending KPB 5.22 - Provisions for Grants to Senior Citizen Programs" (Glick) (Hearing 7/2/91)
Ordinance 91-27: "Amending the Borough Election Code to Authorize Mail-In Ballots for Special Elections" (Hodgins (Hearing 7/2/91)
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)
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)
R. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECT NOT ON THE MEETING AGENDA (10 minutes)
S. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (5 minutes)
1. Jack Hetherton, Mile 1.4, Spur Highway. Mr. Hetherton stated his disappointment that the Assembly did not pass Ordinance 91-20.
2. Sherman C. Smith, Box 770, Cooper Landing. Mr. Smith thanked the Assembly for their time and attention and stated that he would be contacting those assemblymembers who voted no on Ordinance 91-20.
T. MAYOR'S REPORT
U. OTHER BUSINESS
V. ASSEMBLY AND MAYOR'S COMMENTS
1. President Skogstad announced that the assembly meetings for July will be on the 9th and the 23rd.
A vote was requested.
ASSEMBLYMEMBER SEWALL MOVED TO SCHEDULE THE JULY ASSEMBLY MEETINGS FOR THE 9TH AND 23RD AND ASKED THAT THE QUESTION BE DIVIDED
THE MOTION TO SCHEDULE A MEETING FOR JULY 9TH PASSED BY A VOTE OF 11 YES, 4 NO
YES: Sewall, Superman, Keene, Moock, Poindexter, O'Connell, Skogstad, Glick, Little, DeLacee, Hodgins
NO: McLane, Anderson, Brown, Nash
THE MOTION TO SCHEDULE A MEETING FOR JULY 23RD PASSED BY A VOTE OF 12 YES, 3 NO
YES: Sewall, Anderson, Keene, Moock, Poindexter, O'Connell, Skogstad, Glick, Little, Nash, DeLacee, Hodgins
NO: McLane, Superman, Brown
2. Assemblymember Keene requested excused absences for the next three meetings.
3. Assemblymember Moock asked that Resolution 91-81 be carried over to July 9th. Ms. Moock reminded the Assembly that Kenai's Bicentennial parade will be scheduled for the 4th of July.
4. Assemblymember Poindexter requested an excused absence for the July 9th meeting. Mr. Poindexter also expressed his disappointment that Ordinance 91-20 dealing with Mr. Smith's request for land was defeated.
5. Assemblymember O'Connell expressed the hope that the issues raised when Ordinance 91-20 was defeated would be worked out before reconsideration. Mr. O'Connell also spoke in support of the incorporation of Nikiski.
6. Assemblymember Hodgins stated his intention to remove Ordinance 90-65 from the table before August.
ASSEMBLYMEMBER GLICK REQUESTED A PROCEDURAL MOTION TO AUTHORIZE PRESIDENT SKOGSTAD TO ENTER INTO A CONTRACTUAL AGREEMENT WITH THE NEWLY HIRED BOROUGH CLERK, GAYE J. VAUGHAN
UNANIMOUS CONSENT WAS REQUESTED
THERE BEING NO OBJECTION, THE GLICK MOTION PASSED UNANIMOUSLY
7. Assemblymember Nash spoke regarding Ordinance 91-20, stating that his objections related to setting a precedent in by-passing Borough ordinances. Mr. Nash also stated his disappointment regarding the reapportionment resolution.
8. Assemblymember Glick announced that a barbecue is being held for the Sterling Senior Center on June 20th from 3:00 P.M. - 9:00 P.M. and is a fundraiser for the senior citizens of Sterling.
W. INFORMATIONAL MATERIALS AND REPORTS
X. NOTICE OF NEXT MEETING AND ADJOURNMENT
The next meeting is scheduled for July 9, 1991 at 7:30 P.M. The meeting of June 18, 1991 adjourned at 12:00 A.M.
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Date Approved
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James W. Skogstad, Assembly President
ATTEST:
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Borough Clerk