CALL TO ORDER



The Regular Meeting of the Kenai Peninsula Borough Assembly was held October 8, 1991 in the Assembly Chambers of the Borough Administration Building, 144 N. Binkley, Soldotna, Alaska. The meeting was called to order at 7:32 p.m. by Assembly President James Skogstad.



PLEDGE OF ALLEGIANCE AND INVOCATION



The Pledge of Allegiance was recited by all present followed by the invocation given by Pastor Ed Wolfe of the First Baptist Church.



ROLL CALL



There were present:

James Skogstad, Presiding, and

Burt Anderson Jack Brown

Betty Glick Mark Hodgins

Suzanne Little Sam McLane

Sharon Moock Jonathan Sewell

Gary Superman Brentley Keene

Frank Mullen

Catherine DeLacee



Absent:

Phil Nash (excused) Al Poindexter

Marie Walli (excused)



comprising a quorum of the Assembly; and



Ross Kinney, Finance Director/Acting Mayor

Tom Boedeker, Borough Attorney

Kris Schmidt, Borough Attorney

Gaye Vaughan, Borough Clerk

Teresa Hudson, Deputy Clerk



CERTIFICATION OF ELECTION



Copies having been made available to the public, President Skogstad noted by title only the resolution entitled:



Resolution 91-123 Certifying the Results of the October 1, 1991 Municipal Election (Mayor)



Resolution 91-123 was introduced by the Mayor at the request of the Borough Clerk and, when adopted, will certify the outcome of the Municipal Election of October 1, 1991.



MOTION: Hodgins moved for the adoption of Resolution 91-123.



Borough Attorney Tom Boedeker responded to questions from several assemblymembers regarding tallying of voting percentages and election certification procedures.



VOTE ON HODGINS MOTION:



MOTION PASSED Unanimous without objection.



VACANCY, DESIGNATION OR SEATING OF ASSEMBLY MEMBERS



Borough Clerk Gaye Vaughan administered the Oath of Office to Betty Glick, John Torgerson, Grace Merkes, H. V. "Buzz" Kyllonen and John Calhoun.



APPROVAL OF MINUTES



MOTION: Glick moved for approval of the September 17, 1991, minutes as submitted.



VOTE ON GLICK MOTION:



MOTION PASSED Unanimous without objection.



COMMITTEE REPORTS



Chairman Sewall reported that the Finance Committee met with a quorum present and discussed agenda items. He reported that Mr. Rich Underkofler, City of Soldotna was in attendance.



Chairman McLane reported that the Legislative Committee met and discussed the Borough's Legislative Priority list.



Chairman Brown reported that the Local Affairs/Lands Committee (LA/L) met and discussed agenda items and the public meeting held on September 19 regarding site selection for the proposed Nikiski Middle School.



Chairman Moock reported that the Public Works/Education Committee (PW/E) met without a quorum and discussed agenda items. She also commended Nancy Hamill for her work with local high school students taking government classes who are in attendance at this meeting.



Assemblymember Glick, representing the Kenai Peninsula Coalition for the Prevention of Alcohol and Drug Abuse, spoke regarding several programs currently in effect or being considered around the peninsula. Ms. Glick also reported that senior citizens from throughout the borough are considering forming a lobbying entity. Ms. Glick had the privilege of answering questions relating to borough government for the Tustumena Elementary School third grade class.



Assemblymember Sewall reported that the Local Emergency Planning Committee (LEPC) met on October 2 for their annual meeting and election of officers.



Assemblymember Brown announced CIRCAC's next meeting, scheduled for October 12, 1991, at the Benco Building and the Kenai Peninsula Caucus, scheduled to meet on October 11, 1991, at 4:00 p.m. to discuss their annual policy statement.



Assemblymember Moock reported that the Kenai Peninsula College Board will be meeting on October 10, 1991, at 7:00 p.m. at the Kachemak Branch in Homer.



Assemblymember McLane announced the next meeting of the Kenai River Special Management Area Advisory Committee, to be held in Cooper Landing at the Community Center on October 10, 1991, at 7:00 p.m.



REPORTS OF COMMISSIONS AND COUNCILS - None.



AGENDA APPROVAL AND CONSENT AGENDA



Copies having been made available to the public, President Skogstad noted by title only all resolutions and ordinances on the Agenda and Consent Agenda.



At the request of assemblymembers the following items were removed from the consent agenda and placed in their appropriate position on the agenda:



Resolution 91-116: Granting a Permit to the Kenai Peninsula Archers for the Use of Borough Owned Lands (Mayor)



Resolution 91-122: Authorizing the Award of a Contract for Tree Cutting Services for the Tyonek Playfield Development Project (Mayor)



The agenda order of business was adjusted accordingly with the consent agenda now appearing as follows:



Resolution 91-115: Authorizing the Purchase of Equipment for the Borough Clerk's Office (Policies & Procedures Committee)



Resolution 91-120: Authorizing Sale of Surplus Tangible Borough Property (Mayor)



Resolution 91-121: Ratifying the Agreement Between the Kenai Peninsula Borough and the City of Soldotna Providing for Transfer of State Grant Funds Accepted by the Kenai Peninsula Borough to the City of Soldotna Which Will Assume Responsibility for Construction and Future Operation and Maintenance of Knight Drive (Mayor)



Ordinance 91-49: Providing an Exemption from KPB Chapter 14.06 "Road Standards" to Allow Acceptance of that Portion of the Existing Exit Glacier Road Lying Between the Seward Highway and Milepost 3.9 of the Existing Road Onto the Borough Road Maintenance System (Mayor)(12/3/91)



Petition to Vacate portions of Wild Salmon Way by Clark Garrison, Ninilchik, AK



Citizens Advisory Planning Council Appointments:



- Anchor Point Advisory Planning Commission

Emmit Trimble, reappointment

Joanne Collins, reappointment

Christy Drake, appointment



- Cooper Landing Advisory Planning Commission

Arthur Anderson, reappointment

Caroll Jones, appointment



- Hope Advisory Planning Commission

Albert Fortin, reappointment

Ken Zogas, reappointment



- Economic Development District, Inc. Appointment

Jose Verdin

Mark Hodgins



Ordinance 91-50: Accepting and Appropriating a Grant from the ADOT/PF for Development of a Comprehensive Trail Plan for KPB (Mayor) (Hearing 11/05/91)



Assemblymember Little disclosed that she is employed by the City of Soldotna, but will not be receiving any financial benefit from the adoption of Resolution 91-121. President Skogstad ruled no conflict of interest.



Mr. Seymour Mills, through President Skogstad, requested to be added to the agenda under Formal Presentations.



ITEMS NOT COMPLETED FROM PRIOR AGENDA - None.



MOTIONS TO RECONSIDER - None.



ORDINANCE HEARINGS



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 (Hodgins)



Ordinance 90-65 was introduced by Mark Hodgins with first reading on October 30, 1990; second reading and public hearing were held on January 8, 1991. This ordinance has been postponed many times for committee review and re-write. If enacted, Ordinance 90-65 will provide for the establishment of special assessment districts for financing of improvements of existing roads on public rights-of-way.



President Skogstad noted that the motion to enact Ordinance 90-65 and Little's motion to amend Section 5.30.040 of Ordinance 90-65 by changing 100% to 70% were on the floor.



Assemblymember Little withdrew her motion.



MOTION: Hodgins moved to amend Ordinance 90-65 by substitution.



VOTE ON HODGINS MOTION:

Yes: Sewall, McLane, Anderson, Superman, Moock, Brown, Mullen, Skogstad, Glick, Little, DeLacee, Hodgins

No: Keene

Absent: Nash, Poindexter, Walli



MOTION PASSED 12 yes, 1 no



Assemblymember Moock spoke in favor of Ordinance 90-65 as amended.



MOTION: Assemblymember Sewall moved to remove the word "jurisdictional" in Section 50.30.030 and Section 50.30.100



VOTE ON SEWALL MOTION:



MOTION PASSED Unanimous without objection.



Assemblymembers Brown, Keene, Sewall, and Superman spoke against Ordinance 90-65 as amended.



Assemblymembers Little, McLane and Moock spoke in favor of amended Ordinance 90-65.



President Skogstad opened public hearing.



Seymour Mills, Box 51, Sterling, spoke against the ordinance and expressed concerns over individual property owners being held under the threat of seizure of their private property.



John Kistler, Mile 9, Kalifonsky Beach Road, also spoke against Ordinance 90-65. He was concerned that property owners would not be able to back out of the project if they felt that it was too expensive and he also felt that a 2/3 vote of property owners should be required.



President Skogstad closed public hearing.



MOTION: Little moved to amend Section 50.30.060 (C), replacing the words "...fair market..." with "full and true value", and adding the words "as defined in Alaska Statutes 29.45.100" after the word "property"



VOTE ON LITTLE AMENDMENT:



MOTION PASSED Unanimous without objection.



Assemblymember Hodgins summarized what the writers of this ordinance intended to accomplish and explained how it would function.



MOTION: Moock moved to table.



VOTE ON MOTION TO TABLE:

Yes: Moock, Brown, Mullen

No: Sewall, Mclane, Anderson, Superman, Keene, Skogstad, Glick, Little, DeLacee, Hodgins

Absent: Nash, Poindexter, Walli



MOTION FAILED 3 yes, 10 noes



VOTE ON MAIN MOTION AS AMENDED:

Yes: Sewall, McLane, Anderson, Moock, Glick, Little, DeLacee, Hodgins

No: Superman, Keene, Brown, Mullen, Skogstad

Absent: Nash, Poindexter, Walli



MOTION FAILED 8 yes, 5 noes



MOTION: Little moved to reconsider amended Ordinance 90-65.



President Skogstad called for a short recess.



(Assemblymember Mullen left during the recess.)



MOTION: Glick moved to suspend the rules for the purpose of moving Item O, 1., Consideration of Vacation of Right-of-Way, as the next agenda item.



VOTE ON GLICK MOTION:



MOTION PASSED Unanimous without objection.



CONSIDERATION OF VACATION OF RIGHT-OF-WAY



Petition to vacate portion of unnamed right-of-way adjacent to Lots 6, 7 and 8; Hodgson S/D by T. & J. Johnson and W. & D. Johnson of Anchorage, AK



MOTION: Glick moved to approve the petition to vacate



President Skogstad opened public comment.



Tim Johnson, 4131 Edinburgh Drive, Anchorage, briefly explained the purpose of their petition to vacate. He also noted that there is no snow storage problem.



VOTE ON THE GLICK MOTION:

Yes: Sewall, Anderson, Superman, Keene, Moock, Brown, Skogstad, Glick, DeLacee

No: McLane, Little, Hodgins

Absent: Nash, Poindexter, Walli, Mullen



MOTION PASSED 9 yes, 3 noes



ORDINANCE HEARINGS



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)



Ordinance 91-22 was introduced by the Policies & Procedures Committee with first reading on May 7, 1991; second reading and public hearing were held on June 18, 1991. Ordinance 91-22 failed at second reading and was reconsidered on July 9, 1991. This ordinance has been postponed several times and referred to committee for review and re-write. If enacted, Ordinance 91-22 will clarify procedures for assembly reconsideration.



MOTION: Glick moved to amend to Ordinance 91-22 Substitute



President Skogstad open and closed public hearing with no public comments being offered.



Assemblymember Glick reported that the Policies and Procedures Committee met and discussed the recommended changes the Assembly has before them this evening as a substitute ordinance which has been laid on their desks. Ms. Glick went on to explain the proposed changes.



Assemblymember McLane commended the committee on their work and spoke in support of the ordinance as amended.



MOTION: Sewall moved to delete the last sentence of Section 22.40.185 (A) in the proposed substitute.



VOTE ON THE SEWALL MOTION:

Yes: Sewall, McLane, Moock, Brown, Skogstad, Little, Hodgins

No: Anderson, Superman, Keene, Glick, DeLacee

Absent: Nash, Poindexter, Walli, Mullen



MOTION FAILED 7 yes, 5 noes



Assemblymember Brown expressed concern that the public had not been allowed ample opportunity to speak on the proposed substitute ordinance.



MOTION: McLane moved to reconsider the previous amendment action.



VOTE ON McLANE MOTION TO RECONSIDER:

Yes: Sewall, McLane, Keene, Moock, Brown, Skogstad, Glick, Little, DeLacee, Hodgins

No: Anderson, Superman

Absent: Nash, Poindexter, Walli, Mullen



MOTION FAILED 10 yes, 2 noes (2/3 of majority required, per KPB 22.40.150)



VOTE ON GLICK MOTION:

Yes: Sewall, McLane, Anderson, Superman, Keene, Brown, Skogstad, Glick, DeLacee

No: Moock, Little, Hodgins

Absent: Nash, Poindexter, Walli, Mullen



MOTION PASSED 9 yes, 3 noes



Assemblymember Glick spoke in favor of Ordinance 91-22 as amended.



President Skogstad passed the gavel to Vice President Glick in order to speak.



Assemblymember Skogstad spoke in favor of the ordinance as amended.



MOTION TO AMEND: Skogstad moved to amend Section 22.40.185 (G) to read "A matter which was decided by a vote of three-fourths or more of the authorized members is not subject to reconsideration under this section."



Mr. Boedeker pointed out that there is a difference between saying "of the membership" and "the authorized membership" because if there are vacancies on the assembly, then the "three-fourths" changes to a lesser number. If you use "authorized membership" it would be three-fourths of the total seats of the assembly.



MOTION:

Skogstad moved to amend the amendment to read "...by a vote three-fourths or more of the membership of the assembly ..."



VOTE ON THE SKOGSTAD AMENDMENT:



MOTION PASSED Unanimous without objection.



VOTE ON MAIN MOTION:

Yes: Sewall, McLane, Anderson, Superman, Keene, Brown, Skogstad, Glick, Little, DeLacee, Hodgins

No: Moock

Absent: Nash, Poindexter, Walli, Mullen



MOTION PASSED 11 yes, 1 no



Vice President Glick returned the gavel to President Skogstad.



Ordinance 91-44: Authorizing the Receipt of a Grant from the Alaska Department of Health and Social Services and Appropriating $125,000 to South Peninsula Hospital Service Area for the Purchase of a Radiographic/Fluoroscopic X-Ray System (Mayor)

Presented in second reading was Ordinance 91-44 which was introduced by the Mayor and received first reading on September 17, 1991. Upon enactment, Ordinance 91-41 will authorize the Mayor to accept and appropriate grant funds for the purchase of x-ray equipment for South Peninsula Hospital.



MOTION: Anderson moved the adoption of Ordinance 91-44.



President Skogstad opened and closed public comment with no comments being offered.



VOTE ON ANDERSON MOTION:



MOTION PASSED Unanimous without objection.



CONSIDERATION OF RESOLUTIONS



Resolution 91-116 Granting a Permit to the Kenai Peninsula Archers for the Use of Borough Owned Lands (Mayor)



Resolution 91-116 was introduced by the Mayor and, if adopted, will authorize the Mayor to grant a three-year permit to the Kenai Peninsula Archers for the use of ten acres of borough owned lands.



MOTION: Glick moved for the adoption of Resolution 91-116.



Assemblymember Brown reported that the Local Affairs/Lands Committee had a three to three tie and, therefore, no recommendation.



President Skogstad opened and closed public comment with no comment being offered.



Assemblymember Little spoke against Resolution 91-116.



MOTION: Glick moved to postpone action on Resolution 91-116 until October 29, 1991.



VOTE ON GLICK MOTION:



MOTION PASSED Unanimous without objection.



Resolution 91-122 Authorizing the Award of a Contract for Tree Cutting Services for the Tyonek Playfield Development Project (Mayor)



Resolution 91-122 was introduced by the Mayor and, if adopted, will award a contract for tree cutting services for the Tyonek Playfield Development Project to Chuitna River Guides/Torulf Hofseth Construction.



MOTION: Moock moved for the adoption of Resolution 91-122.



Assemblymember Moock reported that the Public Works Committee met and discussed some problems with the bid process involving this project.



Mr. Kinney pointed out that the purchasing code requires advertising in a newspaper of general circulation for those items estimated to be over $15,000. He stated that he was unaware that this had not been done.



Mr. Ken Brown, Director of Public Works, stated that Mr. Kinney's statement was accurate and Mr. Brown is working with his staff to resolve the problems surrounding the bid process for this project.



Assemblymember Sewall reported that the Finance Committee had similar questions regarding this resolution.



President Skogstad opened and closed public comment with no comment being offered.



Mr. Boedeker stated that the process for soliciting this bid was not in compliance with the Borough Code and therefore an award would not be in compliance with the code.



VOTE ON THE MOOCK MOTION:



MOTION DEFEATED Unanimous vote.



INTRODUCTION OF ORDINANCES NOT ON CONSENT AGENDA - None.



ADDITION OF LATE ITEMS - None.



FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA



Seymour Mills, Box 51, Sterling, exercised his rights under Article I of the Bill of Rights to make a Constitutional petition for redress and grievance. He spoke regarding what he considered to be illegal seizure of private property through foreclosure.



PUBLIC COMMENTS AND PUBLIC PRESENTATIONS



Ted Rose, Box 8251, Nikiski, spoke regarding his desire to have access to the Graycliff and Moose Point Subdivisions. He also requested that a trash dumpster be placed at the end of the road.



Assemblymember Brown related that there had been quite a bit of work done already on securing money for access to that area.



Ernie Knackstedt, Lot 135 Graycliff Subdivision, also spoke requesting access to these properties.



Walt Faylor, Box 4109, Soldotna. Dr. Faylor presented a request to the assembly for chiropractic privileges at Central Peninsula General Hospital. He gave the Assembly a brief report on the history of his request with various local entities thus far.



President Skogstad requested the Borough Attorney to report to the Assembly through a letter or memo, stating the hospital's position regarding medical staff privileges. President Skogstad told Dr. Faylor the assembly would respond to his concerns following their report from Mr. Boedeker.



Tommy Corr, Poppy Lane, spoke regarding other doctors who had also been denied medical staff privileges in the past.





MAYOR'S REPORT



Contained in packet as written report:



1. Student Guide Volunteer

2. Recap of 1991 Surplus Property Auction

3. Contaminated Soil Relocation - Seldovia, Alaska

4. Award of Contract for Central Peninsula General Hospital Water Service Installation



Mr. Ross Kinney, speaking for Mayor Gilman, stated that Assemblymembers Walli and Anderson have requested that Borough Administration participate in a meeting with the Homer City Council and members of the public dealing with taxes on boats on October 9, 1991.



OTHER BUSINESS - None.



ASSEMBLY AND MAYOR'S COMMENTS



MOTION: Anderson moved that the next meeting be held in Homer.



VOTE ON ANDERSON MOTION:



MOTION PASSED Unanimous without objection.



Assemblymember Superman thanked Assemblymembers Keene, Poindexter, McLane, DeLacee and Mullen for their time of service.



Assemblymember Keene gave a brief statement of farewell.



Assemblymember Moock thanked Assemblymember Keene. She also reported positive results from the Alaska State Chamber of Commerce Convention. She thanked the 4-H Club for their work in making the convention banquet a success and also the community-at-large.



Assemblymember Brown spoke regarding some of the highlights of the Alaska State Chamber of Commerce Convention. He also reported that on October 15, 1991, at 7:00 p.m. the Lands Committee will meet. A rough draft of the land use ordinance will be made available.



Assemblymember DeLacee thanked the members present and expressed confidence in the Borough Assembly.



Assemblymember Moock thanked the members who are stepping down for their service. She also reported that she has been receiving numerous calls regarding late penalties on property assessments.



Assemblymember Glick thanked the members who are stepping down for their service and also the voters for electing her again. She reported that the Alaska Municipal League Conference will be taking place soon and encouraged other assemblymembers to participate.



President Skogstad reported that the Alaska Municipal League Conference will be held in Fairbanks on November 12 - 15, 1991. Those who wish to participate need to contact the Borough Clerk. He also stated that those interested in serving on one of the committees need to notify him so that they can be prepared to support the nomination.



President Skogstad stated that the Kenai Peninsula Education Association had contacted him regarding the formation of a joint coalition of employee groups, PTA, School Board, Administration and Borough Assembly to discuss strategies for the upcoming legislative session in regards to school and educational legislation and funding. The meeting will be held on October 23, 1991, and someone from the assembly will be designated to attend the meeting.



President Skogstad thanked the members who are stepping down and expressed his pleasure at having served with them.



NOTICE OF NEXT MEETING AND ADJOURNMENT



The next meeting of the Kenai Peninsula Borough Assembly will be on October 29, 1991 at 7:30 p.m. at the Homer High School in Homer, Alaska.













________________________ _____________________________________

Date Approved James W. Skogstad, Assembly President



ATTEST:







_______________________________________

Gaye J. Vaughan, Borough Clerk