BOROUGH ADMINISTRATION BUILDING

SOLDOTNA, ALASKA

July 9, 1991

REGULAR ASSEMBLY MEETING - 7:30 P.M. MINUTES

A. CALL TO ORDER



B. PLEDGE OF ALLEGIANCE



C. INVOCATION



James D. Duncan, Pastor, Soldotna Assembly of God, gave the invocation.



D. ROLL CALL



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



Excused Absence: Keene, Poindexter



E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLY MEMBERS



F. APPROVAL OF MINUTES



Minutes of Regular Assembly Meeting, 6/4/91

Minutes of Special Assembly Meeting, 6/11/91; 6/12/91

Minutes of Regular Assembly Meeting, 6/18/91



The above-referenced minutes were approved as written.



A. COMMITTEE REPORTS



Finance - (Chm. Sewall, Vice Chm. Nash, Anderson, Glick, Keene, O'Connell)



The Finance Committee met with a quorum and agenda items will be discussed at the appropriate time.



Legislative - (Chm. McLane, Vice Chm. Glick, Anderson, Brown, Hodgins, O'Connell, Walli)



The Legislative Affairs Committee did not meet.





Local Affairs/Lands - (Chm. Brown, Vice Chm. Anderson, Glick, Little, Moock, Superman)



The Local Affairs/Lands Committee met with a quorum and agenda items will be discussed at the appropriate time. A report by the Lands Committee will be discussed later in the evening.



Public Works/Education - (Chm. Moock, DeLacee, Hodgins, Poindexter, Walli)



The Public Works/Education Committee met with a quorum and discussed agenda items and items contained in the Mayor's Report. The issue of dog control was also discussed.



Other Committees



Local Affairs/Lands Subcommittee has been developing a land use ordinance which will be reviewed by the Planning Commission and subsequently brought to the Assembly for introduction.



REPORTS OF COMMISSIONS AND COUNCILS



AGENDA APPROVAL AND CONSENT AGENDA



Assemblymember Moock requested that Resolution 91-81 be withdrawn from the agenda as it is no longer relevant.



Assemblymember Hodgins requested that Ordinance 90-65 be removed from the table and placed on the agenda.



Assemblymember Nash noted that Chapter 22.40.070 (B) states that a legislative item may be considered either at an assembly meeting following the assembly meeting at which notice of consideration of the legislative item was given by an assemblymember or at the next assembly meeting after notice to the clerk.



After a brief discussion regarding requirements for published notice, President Skogstad placed Ordinance 90-65 on the July 23rd agenda.



Assemblymember Hodgins requested Ordinance 91-33 be removed from the Consent Agenda. Ordinance 91-33 was placed as the first item of business under Introduction of Ordinances.



Assemblymember Nash requested Ordinance 91-35 be removed from the Consent Agenda. Ordinance 91-35 was placed as the third item of business under Introduction of Ordinances.



The Consent Agenda now reads:



Ordinance 91-36: "Classifying Borough Lands for Disposal and Authorizing the Mayor to Negotiate Conveyance as Partial Consideration in the Purchase of the Soldotna Landfill Buffer Properties" (Mayor) (Shortened Hearing 7/23/91)



Resolution 91-82: "Deleting the Clerk/Microfilmer Position and Establishing a Clerk Typist in the Borough Clerk's Office" (Skogstad)



"A Resolution Commending Ken Satre, Principal of Ninilchik School, For His Selection As Principal of the Year by the Alaska Association of Secondary School Principals" (Glick, Poindexter, Keene)



"A Resolution Commending Maija Morgenweck on Winning the First Place Title in the Intermediate Division of the International Problem Solving Bowl Competition" (Glick)



Petition to vacate portion of sixty-six foot easement for public roadway and utilities centered on lot line common to Government Lots 90 and 103. Vacate only that portion of easement lying westerly of North Kenai Road right-of-way. Being within Section 14, Township 6 North, Range 12 West, S.M. Alaska



Board Appointments / Central Peninsula Hospital Service Area:



- Neva Black

- Loretta Breeden

- Dolly Farnsworth



Board Appointments / Planning Commission



- Debra Horne

- Susan Mumma

- Ann Painter



Committee Reports on the Consent Agenda:



Local Affairs/Lands Committee:



Unanimously supported leaving Ordinance 91-36 on the Consent Agenda with the hearing date changed to 8/6/91.



Unanimously supported leaving the two petitions to vacate on the Consent Agenda.



Public Works/Education:



Supported leaving Ordinance 91-36 on the Consent Agenda with the hearing date changed to 8/6/91.



Finance Committee:



Unanimously supported leaving Resolution 91-82 on the Consent Agenda



President Skogstad noted that Ordinance 91-36 remains on the Consent Agenda with a hearing date of 8/6/91.



Assemblymember Nash requested that the second petition to vacate, pertaining to a section line easement within Section 3, 4, 9 and 10, be removed from the Consent Agenda.



J. ITEMS NOT COMPLETED FROM PRIOR AGENDA



Resolution 91-78: "Supporting the Incorporation of the Nikiski Area" (Mayor)



ASSEMBLYMEMBER SUPERMAN MOVED TO ADOPT RESOLUTION 91-78



Local Affairs/Lands Committee voted to adopt Resolution 91-78 by a vote of 3 yes, 0 no, 1 abstention.



President Skogstad called for public comment.



Elaine Carpenter, P.O. Box 7336, Nikiski. Ms. Carpenter spoke in favor of Resolution 91-78 and asked the assembly to support it.



Bernie Smith, P.O. 1630-2, Kenai. Mr. Smith asked for the assembly's support for Resolution 91-78.



President Skogstad closed public comment.



Assemblymember McLane spoke in favor of Resolution 91-78, stating he feels the residents of Nikiski should have the opportunity to vote on the incorporation of the Nikiski area.



UNANIMOUS CONSENT WAS REQUESTED. THERE WAS OBJECTION.



Assemblymember Sewall stated that he feels the people of Nikiski should be allowed to vote on the issue of incorporation of the Nikiski area; however, Mr. Sewall questioned the need for the assembly as a body to either support or oppose the incorporation of Nikiski.



Assemblymembers Superman and Brown spoke in favor of Resolution 91-78.



RESOLUTION 91-78 WAS ADOPTED UNANIMOUSLY



K. MOTIONS TO RECONSIDER

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 BROWN MOVED TO RECONSIDER ORDINANCE 91-20



The Local Affairs/Lands Committee voted unanimously to reconsider Ordinance 91-20 following extensive review of related documentation with Dick Troeger, Planning Director, and the applicant, Mr. Smith.



Mr. Troeger noted that a revised layout of the lease area was developed by Mr. Smith, with assistance from Cooper Landing residents and Planning Department personnel.



Mr. Troeger also stated that the Cooper Landing Advisory Planning Commission has set a target date of one year from now for the development of a classification scheme for Cooper Landing area borough-owned land.



Assemblymember Nash pointed out that borough ordinance provides the means for the mayor and his staff to develop a plan for a particular area with the help of the local people. Mr. Nash objected to making exceptions to what is already in place within borough ordinance.



Assemblymember Sewall stated a point of order, indicating that the motion on the floor is to reconsider Ordinance 91-20.



Assemblymember Hodgins spoke in favor of reconsideration.



THE BROWN MOTION TO RECONSIDER ORDINANCE 91-20 PASSED BY A VOTE OF 10 YES, 4 NO

YES: Sewall, McLane, Anderson, Superman, Moock, Brown, O'Connell, Glick, Little, Hodgins

NO: Skogstad, Nash, DeLacee, Walli



At this time, Mr. Sherman C. Smith presented the latest site plan developed relating to his proposal as contained in Ordinance 91-20. Mr. Smith noted that the site plan has been moved westward to accommodate the expansion of the solid waste site, and includes a greenbelt and access through the solid waste site.



Chairman Brown, of the Local Affairs/Lands Committee, reported a unanimous "do pass" regarding Ordinance 91-20.



ASSEMBLYMEMBER LITTLE MOVED TO AMEND ORDINANCE 91-20 TO CREATE A NEW SECTION 3, TO READ, "THAT THE PLAT WHICH CREATES THE SUBJECT TEN ACRE PARCEL SHALL DESIGNATE A FIFTY FOOT CONSERVATION EASEMENT AROUND THE PERIMETER OF THE SITE, EXCLUSIVE OF A FIFTY FOOT WIDE ENTRY AND EXIT WHEREIN NO LIVE, NATURALLY EXISTING VEGETATION OVER THREE INCHES IN DIAMETER SHALL BE REMOVED."



Ms. Little stated the intent is to create a buffer zone of naturally existing vegetation on the plat which would ensure that the conservation easement is retained regardless of who owns the property.



Discussion ensued regarding how much land would be involved in a fifty foot easement for this particular development plan and whether or not a tax break would be given for the easement. It was noted that the easement would consist of more than two acres.



THE LITTLE AMENDMENT PASSED BY A VOTE OF 12 YES, 2 NO

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

NO: O'Connell, Nash



President Skogstad passed the gavel to Vice President Glick.



Assemblymember Skogstad spoke in opposition to Ordinance 91-20, expressing the desire to see a long-range land use plan developed by and for the Cooper Landing community, in conjunction with borough planning staff and the Commission. Mr. Skogstad also supports improving policies and procedures relating to disposal of borough lands.



The gavel was passed back to President Skogstad.



Assemblymembers Hodgins and Walli spoke in support of Ordinance 91-20. Ms. Walli encouraged the development of borough-wide plans for disposal of land.



Assemblymember Nash expressed the feeling that local ordinances are not being followed and, therefore, spoke against Ordinance 91-20.



Assemblymembers Glick and Superman spoke in favor of Ordinance 91-20.



Assemblymember McLane, after calculating the estimated size of the greenbelt buffer zone, said it would be between 2.8 and 3 acres. He noted that using these figures, 30% of the parcel is reserved as a conservation buffer zone. Mr. McLane spoke in favor of Ordinance 91-20.



Assemblymember DeLacee spoke against Ordinance 91-20.



ORDINANCE 91-20 AS AMENDED WAS ENACTED BY A VOTE OF 9 YES, 5 NO

YES: McLane, Superman, Moock, Brown, O'Connell, Glick, Little, Hodgins, Walli

NO: Sewall, Anderson, Skogstad, Nash, DeLacee



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 SEWALL MOVED TO RECONSIDER ORDINANCE 91-22



THE SEWALL MOTION TO RECONSIDER PASSED BY A VOTE OF 12 YES, 2 NO

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

NO: O'Connell, Walli



ASSEMBLYMEMBER SEWALL MOVED TO AMEND ORDINANCE 91-22, SECTION 2, 22.40.185,(A), STRIKING THE LAST SENTENCE, "RECONSIDERATION OF AMENDMENTS WILL NOT BE ALLOWED."



Assemblymember Nash suggested that Ordinance 91-22 be postponed and sent back to the Policies and Procedures Committee for further review.



ASSEMBLYMEMBER SEWALL MOVED TO POSTPONE ORDINANCE 91-22 TO AUGUST 6, 1991



UNANIMOUS CONSENT WAS REQUESTED



WITHOUT OBJECTION, ORDINANCE 91-22 WAS POSTPONED TO AUGUST 6, 1991



President Skogstad referred Ordinance 91-22 to the Policies and Procedures Committee.



L. ORDINANCE HEARINGS



Ordinance 91-25: "Authorizing Initiative Petitions to be Filed and Voted on by Service Area Voters" (Hodgins)



ASSEMBLYMEMBER GLICK MOVED TO ENACT ORDINANCE 91-25



President Skogstad called for public comment. There was none.



ASSEMBLYMEMBER HODGINS MOVED TO AMEND ORDINANCE 91-25 TO DELETE THE THIRD WHEREAS



UNANIMOUS CONSENT WAS REQUESTED



WITHOUT OBJECTION, THE HODGINS' AMENDMENT PASSED UNANIMOUSLY



Assemblymembers Walli and O'Connell spoke in opposition to Ordinance 91-25.



After a brief discussion period, Gaye Vaughan, Borough Clerk, suggested that an amendment be made to Section 1, 16.01.100 (A).



ASSEMBLYMEMBER NASH MOVED TO AMEND ORDINANCE 91-25, SECTION 1, 16.01.100 (A), STRIKING THE WORDS "RESIDENTS OF" AND INSERTING "QUALIFIED VOTERS RESIDING WITHIN"



UNANIMOUS CONSENT WAS REQUESTED



WITHOUT OBJECTION, THE NASH AMENDMENT TO ORDINANCE 91-25 PASSED UNANIMOUSLY



Assemblymember Hodgins spoke in favor of Ordinance 91-25.



Assemblymembers Little, and Walli spoke against Ordinance 91-25.



President Skogstad passed the gavel to Vice President Glick.



Assemblymember Skogstad spoke against Ordinance 91-25.



Vice President Glick returned the gavel to President Skogstad.



Assemblymember Brown spoke in favor of Ordinance 91-25.



ASSEMBLYMEMBER GLICK MOVED TO POSTPONE ORDINANCE 91-25 TO AUGUST 6, 1991, TO REFER THE ORDINANCE TO THE BOROUGH CLERK AND ATTORNEY FOR REVIEW, AND TO THE LOCAL AFFAIRS/LANDS COMMITTEE FOR A WORK SESSION PRIOR TO THE AUGUST 6TH ASSEMBLY MEETING



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

YES: Brown, Glick, Little, Nash, DeLacee, Hodgins

NO: Sewall, McLane, Anderson, Superman, Moock, O'Connell, Skogstad, Walli



ORDINANCE 91-25 AS AMENDED FAILED BY A VOTE OF 6 YES, 8 NO

YES: Superman, Brown, Glick, Nash, DeLacee, Hodgins

NO: Sewall, McLane, Anderson, Moock, O'Connell, Skogstad, Little, Walli



Ordinance 91-26: "Amending KPB 5.22 - Provisions for Grants to Senior Citizen Programs" (Glick)



ASSEMBLYMEMBER GLICK MOVED FOR THE ENACTMENT OF ORDINANCE 91-26



Assemblymember Glick noted that she will be moving to amend to Ordinance 91-26 Substitute.



Local Affairs/Lands Committee discussed Ordinance 91-26 and voted unanimously to support Ordinance 91-26 Substitute.



The Finance Committee voted to support Ordinance 91-26 Substitute, with the possibility of some amendments, and subject to public hearing.



President Skogstad called for public comment.



Prior to public comment, Assemblymember Glick explained the changes which are contained in Ordinance 91-26 Substitute, found on page 150 of the meeting packet.



There being no one wishing to speak, President Skogstad closed public comment.



ASSEMBLYMEMBER GLICK MOVED TO AMEND ORDINANCE 91-26 TO ORDINANCE 91-26 SUBSTITUTE



UNANIMOUS CONSENT WAS REQUESTED



WITHOUT OBJECTION, THE GLICK AMENDMENT PASSED UNANIMOUSLY



ASSEMBLYMEMBER GLICK MOVED TO AMEND ORDINANCE 91-26 SUBSTITUTE TO CORRECT THE NUMBERING OF THE SECTIONS



Borough Attorney Boedeker noted that there is no need to vote on corrections related to typographical errors.



ASSEMBLYMEMBER GLICK MOVED TO AMEND ORDINANCE 91-26 SUBSTITUTE, SECTION 4, 5.22.050, LINE 9, DELETING THE WORDS "CENSUS BLOCK" AND INSERTING THE WORD "PRECINCT," AND LINE 12, ADDING THE WORDS "WITHIN EACH PRECINCT" IMMEDIATELY FOLLOWING THE WORDS "LATEST CENSUS BLOCKS"



Assemblymember Glick, speaking to her amendment, stated that specific information on census blocks is not available at this time. Administration needed more definitive boundaries, and precinct boundaries will be used as a guideline.



Discussion ensued regarding whether the Assembly would have the authority to split precincts. Ms. Glick noted the intent is to distribute funds to recognized precincts, based on the population within precincts, and there is no movement to divide precincts at this time. President Skogstad stated that with the present language in Section 4 of Ordinance 91-26 Substitute, precincts could be split.



Assemblymember Nash expressed concern regarding the ability to split precincts. Mr. Nash also called attention to the 5th line of Section 4, which refers to census blocks.



ASSEMBLYMEMBER GLICK ADDED TO HER MOTION ON THE FLOOR, SECTION 4, 5.22.050, LINE 5, DELETING THE WORDS "CENSUS BLOCKS" AND ADDING THE WORDS "ELECTION PRECINCTS"



Assemblymember Brown spoke in favor of the Glick amendment.



ASSEMBLYMEMBER NASH MOVED TO AMEND THE GLICK AMENDMENT TO ORDINANCE 91-26 SUBSTITUTE, STRIKING SECTION 4 ENTIRELY

President Skogstad noted that the amendments contained in Ordinance 91-26 Substitute were reviewed by the various senior groups.



Bonnie Golden, Administrative Assistant to the Mayor, explained that representatives from all the senior centers attended the last meeting held, and all agreed to the changes which were incorporated into Ordinance 91-26 Substitute.



Mayor Gilman stated that at the present time, the K-Beach precinct is being split. Borough code states that precincts are not to be split. He added that Mr. Nash's amendment will not resolve the issue of non-compliance to borough code.

THE NASH AMENDMENT FAILED BY A VOTE OF 2 YES, 12 NO

YES: Superman, Nash

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



ASSEMBLYMEMBER BROWN MOVED TO POSTPONE ORDINANCE 91-26 SUBSTITUTE TO AUGUST 20, 1991



THE BROWN MOTION TO POSTPONE FAILED BY A VOTE OF 3 YES, 11 NO

YES: Superman, Brown, Nash

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



THE GLICK AMENDMENT TO ORDINANCE 91-26 SUBSTITUTE, SECTION 4, PASSED UNANIMOUSLY



Assemblymember McLane spoke in opposition to Ordinance 91-26 Substitute.



Assemblymember Nash stated concerns with the wording in Section 1, 5.22.020.



President Skogstad reiterated the Mayor's previous comments regarding splitting the K-Beach precinct. He went on to note that in Chapter 5.22.070 there are specific regulations that at the present time the borough is not requiring existing organizations to come into compliance with in order to receive funding, one specifically being transportation provided to access services. Some of the smaller centers are not providing services which are mandated in borough code. Ordinance 91-26 Substitute is attempting to correct some of those current problems.



Mayor Gilman stated that funds will be distributed based on the 1984 special census. Information from the 1990 Census is not yet available. Each of the Senior Centers will be notified of their grant amount for this year and they can begin to draw on it. Mayor Gilman also said that administration would review Chapter 5.22.070 of the code to determine if the borough is in compliance, as referenced earlier by President Skogstad.



Assemblymember Sewall expressed concern with the wording in Section 1, but spoke in favor of Ordinance 91-26 Substitute.



ASSEMBLYMEMBER GLICK MOVED TO AMEND ORDINANCE 91-26 SUBSTITUTE, SECTION 1, 5.22.020 (A), DELETING THE WORDS "NO ORGANIZATION FORMED AFTER JULY 1, 1991, WILL BE ELIGIBLE TO APPLY FOR A GRANT UNLESS THE KENAI PENINSULA BOROUGH ASSEMBLY HAS DETERMINED IN ADVANCE THAT THE ORGANIZATION WILL BE ABLE TO PROVIDE THE SERVICES AND PROGRAMS SPECIFIED IN" AND INSERT THE WORDS "SENIOR CITIZENS CENTERS SHOULD BE ABLE TO COMPLY WITH"



UNANIMOUS CONSENT WAS REQUESTED. THERE WAS OBJECTION.



ASSEMBLYMEMBER O'CONNELL MOVED TO AMEND THE GLICK AMENDMENT, STRIKING THE ENTIRE LAST SENTENCE OF SECTION 1, 5.22.020 (A)



Assemblymember Glick spoke against the O'Connell amendment.



THE O'CONNELL AMENDMENT TO THE GLICK AMENDMENT FAILED BY A VOTE OF 8 YES, 6 NO

YES: Sewall, McLane, Superman, O'Connell, Skogstad, Nash, Hodgins, Walli

NO: Anderson, Moock, Brown, Glick, Little, DeLacee



UNANIMOUS CONSENT WAS REQUESTED. THERE WAS OBJECTION.



Assemblymember Brown spoke against the Glick amendment.



Assemblymember Walli spoke in support of the Glick amendment.



THE GLICK AMENDMENT TO ORDINANCE 91-26 SUBSTITUTE PASSED BY A VOTE OF 12 YES, 2 NO

YES: Sewall, McLane, Anderson, Superman, Moock, O'Connell, Skogstad, Glick, Little, Nash, DeLacee, Walli

NO: Brown, Hodgins



ASSEMBLYMEMBER SUPERMAN MOVED TO AMEND ORDINANCE 91-26 SUBSTITUTE AS AMENDED, SECTION 4, 5.22.050, TO INSERT AT THE BEGINNING OF THE SECOND SENTENCE THE WORDS "IN THE K-BEACH PRECINCT WHERE," DELETING THE WORD "IF," SO THAT THE BEGINNING OF SENTENCE 2 NOW READS "IN THE K-BEACH PRECINCT WHERE MORE THAN ONE ORGANIZATION..."



UNANIMOUS CONSENT WAS REQUESTED. THERE WAS OBJECTION.



Assemblymember Walli spoke against the Superman amendment.



THE SUPERMAN AMENDMENT FAILED BY A VOTE OF 4 YES, 10 NO

YES: Superman, Brown, Nash, Hodgins

NO: Sewall, McLane, Anderson, Moock, O'Connell, Skogstad, Glick, Little, DeLacee, Walli



ASSEMBLYMEMBER WALLI MOVED THE PREVIOUS QUESTION



President Skogstad ruled that a yes vote will limit debate, a no vote will continue debate.



THE WALLI MOTION FAILED BY A VOTE OF 6 YES, 8 NO

YES: Anderson, Superman, Moock, DeLacee, Hodgins, Walli

NO: Sewall, McLane, Brown, O'Connell, Skogstad, Glick, Little, Nash



ORDINANCE 91-26 SUBSTITUTE, AS AMENDED, WAS ENACTED BY A VOTE OF 12 YES, 2 NO

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

NO: Superman, Nash



Ordinance 91-27: "Amending the Borough Election Code to Authorize Mail-In Ballots for Special Elections" (Hodgins)



ASSEMBLYMEMBER HODGINS MOVED FOR THE ENACTMENT OF ORDINANCE 91-27



There were no committee reports.



President Skogstad called for public comment. There was none.



ASSEMBLYMEMBER HODGINS MOVED TO POSTPONE ORDINANCE 91-27 TO AUGUST 6, 1991



UNANIMOUS CONSENT WAS REQUESTED



WITHOUT OBJECTION, ORDINANCE 91-27 WAS POSTPONED TO AUGUST 6, 1991



M. CONSIDERATION OF RESOLUTIONS



N. CONSIDERATION OF VACATION OF RIGHT-OF-WAY



Petition to vacate portions of sixty-six foot section line easements within Section 3, 4, 9 and 10. Starting at section corner common to said sections vacate northerly to Cook Inlet; easterly to Cohoe Loop Road right-of-way; and westerly to a point thirty feet easterly of eastern boundary of Government Lot 5, Section 9. All being within Township 3 North, Range 12 West, Seward Meridian



ASSEMBLYMEMBER NASH MOVED TO APPROVE THE PETITION TO VACATE



President Skogstad called for public comment. There was none.



Assemblymember Nash expressed concern over vacation easements that go into the Cook Inlet and asked Mr. Troeger, Director, to explain the vacation request.



Mr. Troeger stated that the applicant proposes to dedicate an additional 30 foot right-of-way on his private property to provide additional access for Cohoe Loop to the east-west section line that goes to the beach. There is no road constructed within either of the proposed easement vacations. Public access is located approximately 1/4 mile east of the proposed section line vacation, and 1 1/2 miles east is a dedicated road, Cohoe Loop Extension, which goes directly to the beach.



UNANIMOUS CONSENT WAS REQUESTED



WITHOUT OBJECTION, THE PETITION TO VACATE WAS APPROVED UNANIMOUSLY



O. INTRODUCTION OF ORDINANCES NOT ON CONSENT AGENDA



Ordinance 91-33: "Amending Chapter 20.16 to Require the State of Alaska Department of Environmental Conservation Approval Certificates on Final Subdivision Plats" (Skogstad) (Hearing 8/6/91)



ASSEMBLYMEMBER HODGINS MOVED TO SET A HEARING DATE OF AUGUST 6, 1991 FOR ORDINANCE 91-33



There were no committee reports.



President Skogstad called for public comment. There was none.



Assemblymember Hodgins requested additional information prior to the hearing date for this ordinance.



ORDINANCE 91-33 WAS SET FOR HEARING ON AUGUST 6, 1991 BY A VOTE OF 11 YES, 3 NO

YES: Sewall, McLane, Anderson, Superman, Moock, O'Connell, Skogstad, Little, Nash, DeLacee, Walli

NO: Brown, Glick, Hodgins



Ordinance 91-34: "Adopting Kenai Peninsula Borough Assembly Reapportionment Plans and Placing the Plans on the Ballot for Borough Voter Selection" (Mayor) (Hearing 8/6/91)



ASSEMBLYMEMBER McLANE MOVED TO SET A HEARING DATE OF AUGUST 6, 1991 FOR ORDINANCE 91-34



There were no committee reports.



President Skogstad called for public comment. There was none.



UNANIMOUS CONSENT WAS REQUESTED. THERE WAS OBJECTION.



Assemblymember Sewall requested that amendments be distributed in the packet and to the public in advance of the hearing date.



ORDINANCE 91-34 WAS SET FOR HEARING ON AUGUST 6, 1991 BY A VOTE OF 11 YES, 3 NO

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

NO: Superman, Brown, Nash



Ordinance 91-35: "Appropriating $25,000 to the Central Peninsula General Hospital for Acquiring Consultant Services in the Development of the Request for Proposal for Hospital Management Services" (Mayor at request of CPGH Board) (Hearing 8/6/91)



ASSEMBLYMEMBER GLICK MOVED TO SET A HEARING DATE OF JULY 23, 1991 FOR ORDINANCE 91-35



Local Affairs/Lands Committee supported introduction of Ordinance 91-35 unanimously.



The Finance Committee supported introduction of Ordinance 91-35 unanimously.



President Skogstad called for public comment. There was none.



Assemblymember Nash asked that more indepth information be given at the July 23rd meeting on what will be accomplished for $25,000.



ORDINANCE 91-35 WAS SET FOR HEARING ON JULY 23, 1991 BY UNANIMOUS CONSENT



(At this time Mr. Sewall and Mr. Nash asked to be excused for the remainder of the evening. Happy 25th anniversary to Mrs. Linda Sewall.)



ASSEMBLYMEMBER SUPERMAN MOVED TO ADJOURN



There was no objection to adjournment; however, prior to adjournment the following announcements were made:



Policies and Procedures Committee will meet July 25, 1991. The Borough Clerk's office will have agenda information.



President Skogstad welcomed Gaye Vaughan, Borough Clerk and noted the following:



Staff from the clerk's office will be attending all future assembly committee meetings. Minutes will be available for those meetings and committee agendas will be mailed with the packets.



Homer Senior Citizens are having "Christmas in July" each weekend during the month of July.



Assemblymember Moock requested an excused absence for the July 23rd meeting and noted that Assemblymember Poindexter also had requested an excused absence. Ms. Moock asked President Skogstad for guidance on whether or not to have a Public Works/Education Committee meeting and who would chair it on the 23rd.



President Skogstad wished Mr. & Mrs. Sewall a happy anniversary.



P. ADDITION OF LATE ITEMS



Q. PENDING LEGISLATION



Ordinance 91-18: "Consolidation of the Existing Four Road Service Areas into One Road Service Area" (Skogstad, McLane, Anderson, Walli) (Hearing 7/23/91)



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)



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)



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)



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)



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)



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 SUBJECTS NOT ON THE MEETING AGENDA (10 Minutes)

S. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (5 Minutes)



T. MAYOR'S REPORT



U. OTHER BUSINESS



V. ASSEMBLY AND MAYOR'S COMMENTS



W. INFORMATIONAL MATERIALS AND REPORTS



X. NOTICE OF NEXT MEETING AND ADJOURNMENT



The next Regular Assembly Meeting is scheduled for July 23, 1991 at 7:30 P.M. in the Assembly Chambers. The meeting of July 9, 1991 adjourned at 11:35 P.M.





Date Approved







James W. Skogstad, Assembly President





ATTEST:







Gaye J. Vaughan, Borough Clerk