CALL TO ORDER
The Regular Meeting of the Kenai Peninsula Borough Assembly was held October 29, 1991 in the Homer Junior High School Gymnasium. The meeting was called to order at 7:30 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 Reverend Charles Crouse of St. John's Catholic Church.
ROLL CALL
There were present:
James Skogstad, Presiding, and
Burt Anderson Jack Brown
John Calhoun Betty Glick
Mark Hodgins H. V. Kyllonen
Suzanne Little Sam McLane
Sharon Moock Phil Nash
Jonathan Sewall Gary Superman
John Torgerson Marie Walli
Absent:
Grace Merkes (excused)
comprising a quorum of the Assembly; and
Ross Kinney, Finance Director/Acting Mayor
Phil Reeves, Borough Attorney
Gaye Vaughan, Borough Clerk
CERTIFICATION OF RUN-OFF ELECTION
Copies having been made available to the public, President Skogstad noted by title only the resolution entitled:
Resolution 91-125: Certifying the Results of the October 22, 1991 Run-Off Election (Mayor)
Resolution 91-125 was introduced by the Mayor at the request of the Borough Clerk and, when adopted, will certify the outcome of the Run-Off Election of October 22, 1991.
MOTION: Glick moved for the adoption of Resolution 91-25.
President Skogstad opened and closed public comment with none being offered.
VOTE ON GLICK MOTION:
MOTION PASSED: Unanimous without objection.
VACANCY, DESIGNATION OR SEATING OF ASSEMBLY MEMBERS
Borough Clerk Gaye Vaughan administered the Oath of Office to newly elected Assemblymember Bob Rubadeau.
President Skogstad expressed his appreciation for service and presented plaques so stating to outgoing Assemblymembers Keene and Poindexter.
APPROVAL OF MINUTES
MOTION: Glick moved for approval of the October 8, 1991, minutes as submitted.
VOTE ON GLICK MOTION:
MOTION PASSED Unanimous without objection.
COMMITTEE REPORTS
Chairman Sewall reported that the Finance Committee met jointly with the Public Works/Education Committee at 5:00 p.m. to consider agenda items. The Finance Committee then met separately to discuss the proposed foreclosure sales and title insurance as well as agenda items.
Chairman McLane reported that the Legislative Committee had no meeting.
Chairman Brown reported that the Local Affairs/Lands Committee met at their regularly scheduled time with all members in attendance and discussed agenda items as well as site selection for the new Nikiski Middle School.
Chairman Moock reported that the Public Works/Education Committee met jointly with the Finance Committee and discussed agenda items. The Public Works/Education Committee then met separately and discussed their own agenda items. Other items discussed included a public meeting to be held in conjunction with the Road Service Area Board on November 15, 1991, in Seward regarding the Exit Glacier Road, as well as a report by Mary Tremble, President of the Homer Intermediate PTA, regarding the health and safety risk caused by the empty swimming pool. Ms. Moock stated that the Public Works Director, in conjunction with the Risk Manager, will be asked to evaluate the school for potential health and safety risks to students and staff. Chairman Moock also reported that their committee would be requesting Resolution 91-131, in regard to awarding a contract for tree cutting at the Tyonek Playfield, be added to the assembly agenda.
Other Committees
Assemblymember Moock reported that she attended a meeting of the Kenai Peninsula Education Coalition with Mr. Rubadeau. The discussion included the status of the upcoming school budget process. The next meeting is scheduled for November 20, 1991, and the coalition will be reviewing approximately seventeen bills regarding school funding.
Assemblymember Glick reported that the Kenai Peninsula Caucus will hold its annual meeting on Friday, November 1, 1991, at Mr. D's Restaurant at 10:00 a.m. She stated that discussion will include a resolution supporting the development of a Lake Clark National Park Preservation Headquarters Visitor Center in Kenai and a resolution supporting a traffic light at the K-Beach and Bridge Access Road intersection. Assemblymember Brown reported that he would be the contact person for the meeting of the Kenai Peninsula Caucus.
Assemblymember Moock thanked the public for their attendance and their hospitality at a College Council Meeting in Homer which she attended.
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.
Assemblymember Moock requested that Resolution 91-131: "Authorizing Award for Tree Cutting Services for Tyonek Playfield Development Contract," be added to the 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 91-124: Establishing the Capital Priorities of the Assembly for Fiscal Year 1992/93
Kenai Peninsula Borough Road Service Area Board Appointment
Assemblymember Hodgins requested postponement of item 3, "Other Business," "Travel to Akita, Japan to initiate sister city relationship," until November 5, 1991.
With no objection from assemblymembers, President Skogstad placed the first two items under Other Business, "Liquor License Application and Restaurant Designation Application for Osprey Alaska," after Agenda Approval and Consent Agenda so the applicant could catch an evening flight.
The agenda order of business was adjusted accordingly with the consent agenda now appearing as follows:
Resolution 91-128: Requesting State of Alaska Department of Transportation to Construct an Appropriate Traffic Signaling Device at Kalifonsky Beach and Kenai River Bridge Access Road (Brown)
Resolution 91-129: Supporting the Development of the Lake Clark National Park and Preserve Headquarters Visitors Center in Kenai, Alaska (Brown)
Ordinance 91-51: Amending Section 5.12.080 (B) Changing Late Penalty Provision (Superman, Little, Brown) (Hearing 12/03/91)
Ordinance 91-52: Amending KPB 5.04.100, Transfer of Funds (Skogstad) (Hearing 12/03/91)
Petition to vacate the entire of Birch Court public right-of-way as dedicated by filing of Ptarmigan Lake Subdivision by Richard Smeriglio and Ellen O'Brien, Seward, AK
A Resolution Commending Seward Seahawks Boys and Girls Cross Country Teams (Sewall, Skogstad)
Central Emergency Service Area Interim Joint Board Appointments
- Harold Lockwood - Ridgeway/Sterling Fire SA
- Martin Hall - Kalifornsky Beach Fire SA
- Thomas Hodel - at large
- Linda Hoeger - Central Peninsula Emergency Medical SA
- Ken Lancaster - City of Soldotna
Resolution 91-131: Authorizing the Award of Contract for Tree Cutting Services for the Tyonek Playfield Development Project to Alaska Oilfield Contractors in the Amount of $19,749 (Mayor)
President Skogstad read the resolution commending Seward Seahawks Boys and Girls Cross Country Teams in its entirety.
Committee reports on Consent Agenda items:
Chairman Brown reported that the Local Affairs/Lands Committee unanimously recommended the adoption of Resolution 91-128, Resolution 91-129 and the Petition To Vacate.
Chairman Moock reported that the Public Works/Education Committee unanimously recommended the adoption of Resolution 91-128 and Resolution 91-131.
Chairman Sewall reported that the Finance Committee unanimously recommended Ordinance 91-51 and Ordinance 91-52 remain on the Consent Agenda.
Assemblymember Brown requested the addition of Assemblymembers Glick and Little as co-sponsors to Resolution 91-128 and Glick to Resolution 91-129.
President Skogstad opened and closed public testimony with none being given.
Liquor License Application (new):
- Osprey Alaska
Charles J. & Irene M. Lukey
Milepost 48.1
P. O. Box 504
Cooper Landing, AK 99572
MOTION: Glick moved to have a letter of non-objection sent to the Alcoholic Beverage Control Board
Assemblymember Brown reported that the Local/Affairs Lands committee discussed this item and recommended unanimously that a letter of non-objection be sent since the applicant is in compliance with existing ordinances.
VOTE ON MOTION TO SEND A LETTER OF NON-OBJECTION:
MOTION PASSED Unanimous without objection.
Restaurant Designation Application:
- Osprey Alaska
Borough Attorney Phil Reeves explained the definition of a Restaurant Designation Application.
MOTION: Glick moved for the approval of Restaurant Designation Application for Osprey Alaska.
Assemblymember Brown reported that the Local Affairs/Lands Committee discussed the application and their recommendation was "No Recommendation".
President Skogstad called for public testimony.
Charles Lukey, Cooper Landing, reported that he does not employ minors and went on to answer questions raised regarding seating arrangements provided for adults with minors in his establishment and possible hiring of minors in the future.
VOTE ON GLICK MOTION:
Yes: Anderson, Brown, Calhoun, Glick, Hodgins, Kyllonen, Little, McLane, Moock, Nash, Sewall, Superman, Torgerson, Skogstad
No: Walli
Absent: Merkes
MOTION PASSED 14 yes, 1 no, 1 absent
ITEMS NOT COMPLETED FROM PRIOR AGENDA - None
MOTIONS TO RECONSIDER
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. After being postponed many times for committee review and re-write, Ordinance 90-65 failed as amended on October 8, 1991. Notice of Reconsideration was given at that meeting by Assemblymember Little.
MOTION: Little moved that Ordinance 90-65 be reconsidered.
Chairman Sewall reported that the Finance Committee supported reconsideration.
Chairman Moock reported that the Public Works/Education Committee voted unanimously to support reconsideration.
Assemblymember Hodgins spoke in favor of reconsideration.
Assemblymember Brown spoke against the motion to reconsider.
VOTE ON MOTION TO RECONSIDER:
Yes: Anderson, Calhoun, Glick, Hodgins, Kyllonen, Little, McLane, Moock, Sewall, Torgerson, Walli, Skogstad
No: Brown, Nash, Superman
Absent: Merkes
MOTION PASSED 12 yes, 3 noes, 1 absent
Assemblymember Brown requested that public comment be allowed.
Chairman Moock reported that the Public Works/Education Committee was in support of the following three proposed amendments:
1. Section 5.30.040, which reads "...the owners of record of more than one half of the total number of parcels..." be amended to read 70% instead of one half;
2. Section 5.30.040, the last line which reads "...50% of the total assessment..." be amended to read "70%";
3. Section 5.30.060 (C), which reads "In no case may a property be assessed an amount in excess of 25%" be amended to read "18%".
President Skogstad opened public testimony.
Mike Neely, Mile 15, K-Beach Road, spoke against Ordinance 90-65. Mr. Neely felt that the ordinance would force improvements on people who could not afford them and could cause them to lose their homes or property.
Jerry Anderson, Box 378, Homer, spoke against Ordinance 90-65.
Mary Henry, 149 W. Fairview, Homer, spoke in favor of Ordinance 90-65, noting that Homer has had a street standards ordinance for six years which has worked well.
Brother Tom Patmore, Mile 118 Sterling Highway, Clam Gulch, spoke against Ordinance 90-65.
President Skogstad closed public comment.
Assemblymember Superman reported that he had received numerous calls regarding this ordinance. He felt that action on the ordinance should be postponed to allow time for additional public testimony from the upper peninsula.
MOTION: Superman moved to postpone Ordinance 90-65 until the November 5, 1991, meeting.
Assemblymember Walli spoke against the motion to postpone.
Assemblymember Hodgins requested that Superman withdraw the motion to postpone to allow proposed amendments to be made first.
Assemblymembers Anderson, Calhoun, and Moock spoke against the motion to postpone.
Assemblymember Brown spoke in favor of the motion to postpone.
VOTE ON MOTION TO POSTPONE:
Yes: Brown, Superman, Skogstad
No: Anderson, Calhoun, Glick, Hodgins, Kyllonen, Little, McLane, Moock, Nash, Sewall, Torgerson, Walli
Absent: Merkes
MOTION FAILED 3 yes, 12 noes
MOTION: Moock moved to amend Ordinance 90-65 as follows:
Section 5.30.040 (B), which reads "...the owners of record of more than one half of the total number of parcels..." be amended to read 70% instead of one half;
Section 5.30.040 (B), the last line which reads "...50% of the total assessment..." be amended to read "would be subject to greater than 70% of the total assessment";
and Section 5.30.060 (C), which reads "In no case may a property be assessed an amount in excess of 25%" be amended to read "18%".
Assemblymember Hodgins explained the purpose of the proposed amendments.
MOTION: Sewall moved to amend the amendment of Section 5.30.040 to read 100% in both cases.
Assemblymember Moock requested that the question be divided to allow a vote on the Sewall motion separately.
President Skogstad allowed division of the question, ruling that the Sewall motion to amend Section 5.30.040 (B) would be voted on first.
VOTE ON SEWALL MOTION TO AMEND THE AMENDMENT:
Yes: Brown, McLane, Nash, Sewall, Superman, Skogstad
No: Anderson, Calhoun, Glick, Hodgins, Kyllonen, Little, Moock, Torgerson, Walli
Absent: Merkes
MOTION FAILED 6 yes, 9 noes, 1 absent
VOTE ON MOOCK MOTION TO AMEND:
Yes: Anderson, Calhoun, Glick, Hodgins, Kyllonen, Little, Mclane, Moock, Nash, Sewall, Torgerson, Walli
No: Brown, Superman, Skogstad
Absent: Merkes
MOTION PASSED 12 yes, 3 noes, 1 absent
Speaking against Ordinance 90-65 were Assemblymembers Brown, Nash and Superman.
Speaking in favor of Ordinance 90-65 were Assemblymembers Little, Glick, Hodgins and Kyllonen.
VOTE ON MAIN MOTION AS AMENDED:
Yes: Anderson, Calhoun, Glick, Hodgins, Kyllonen, Little, McLane, Moock, Sewall, Torgerson, Walli
No: Brown, Nash, Superman, Skogstad
Absent: Merkes
MOTION PASSED 11 yes, 4 noes, 1 absent
ORDINANCE HEARINGS
Ordinance 91-45: Authorizing and Appropriating Grants from the State of Alaska for School Zone Flashing Lights at Sears Elementary School and Nikiski Elementary School (Mayor)
Presented in second reading was Ordinance 91-45 which was introduced by the Mayor and received first reading on September 17, 1991. Upon enactment, Ordinance 91-45 will allow the Mayor to accept grant funding for school zone lighting at Sears and Nikiski Elementary Schools.
MOTION: Hodgins moved for the enactment of Ordinance 91-45.
The Public Works/Education Committee and Finance Committee recommended unanimously "Do Pass," subject to public hearing.
President Skogstad opened and closed public hearing with no comment being offered.
VOTE ON MOTION TO ENACT:
MOTION PASSED Unanimous without objection.
Ordinance 91-46: Amending Section 20.16.155 of the Borough Code of Ordinances So That Certain Beneficiaries of Deeds of Trust on Land Proposed for Subdivision May Not be Required to Sign the Subdivision Plat (Mayor at request of the Planning Commission)
Presented in second reading was Ordinance 91-46 which was introduced by the Mayor at the request of the Planning Commission and received first reading on September 17, 1991. Upon enactment, Ordinance 91-46 will amend the Borough Code to remove the requirement that all parties having an interest in land being subdivided must sign the final plat.
MOTION: Glick moved for the enactment of Ordinance 91-46.
There were no committee reports.
President Skogstad opened public hearing.
Jerry Anderson, President of the Alaska Society of Professional Land Surveyors, spoke regarding Ordinance 91-46.
President Skogstad closed public hearing.
Assemblymember Nash spoke at length regarding his concerns with perceived legal problems with this ordinance.
MOTION: Nash moved to postpone Ordinance 90-46 until the November 5, 1991, meeting.
VOTE ON MOTION TO POSTPONE:
Yes: Anderson, Brown, Calhoun, Glick, Hodgins, Little, McLane, Moock, Nash, Sewall, Superman, Torgerson, Walli, Skogstad
No: Kyllonen
Absent: Merkes
MOTION PASSED 14 yes, 1 no, 1 absent
President Skogstad requested the Finance Committee to review the ordinance.
Ordinance 91-47: Accepting and Appropriating a Matching Grant from the State of Alaska Department of Environmental Conservation for Soldotna Solid Waste Improvements (Mayor)
Presented in second reading was Ordinance 91-47 which was introduced by the Mayor and received first reading on September 17, 1991. Upon enactment, Ordinance 91-47 will allow the Mayor to accept matching grant funding for the Soldotna Landfill project.
MOTION: Moock moved for the enactment of Ordinance 91-47.
The Public Works/Education and Finance Committees recommended a unanimous "Do Pass".
President Skogstad opened and closed public hearing with no comments being offered.
VOTE ON MOTION TO ENACT:
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, introduced by the Mayor on October 8, 1991, will authorize a three-year permit to the Kenai Peninsula Archers for the use of ten acres of borough owned lands. Action on the resolution was postponed until October 29, 1991.
MOTION: Glick moved to continue the postponement of Resolution 91-116 until November 5, 1991.
VOTE ON MOTION:
MOTION PASSED Unanimous without objection.
Resolution 91-126: Waiving Penalty on Property Taxes for Virginia F. Tornes (Anderson)
Resolution 91-126 was introduced by Assemblymember Anderson and, upon adoption, will permit the waiver of penalty on property taxes as requested by Ms. Tornes.
MOTION: Anderson moved to adopt Resolution 91-126.
Chairman Sewall reported that the Finance Committee recommended a unanimous "Do Not Pass."
President Skogstad opened and closed public comment with none being offered.
Assemblymember Anderson stated that he was bringing this to the attention of the Assembly at the request of Ms. Tornes.
Assemblymember Walli spoke against the resolution.
VOTE ON MOTION TO ADOPT:
Yes: Superman
No: Anderson, Brown, Calhoun, Glick, Hodgins, Kyllonen, Little, McLane, Moock, Nash, Sewall, Torgerson, Walli, Skogstad
Absent: Merkes
MOTION FAILED 1 yes, 14 noes, 1 absent
CONSIDERATION OF VACATION OF RIGHT-OF-WAY - None
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
Drew Scalzi, North Pacific Fisheries Association, spoke regarding the taxation of marine vessels berthed in Homer and asked that the Borough Assembly take immediate action to restructure the tax rate imposed on marine vessels.
Rosalie Moore of Northern Enterprises spoke regarding the taxation of marine vessels in Homer as compared to other ports in Alaska. Ms. Moore expressed concern regarding revenue and jobs lost in the community because vessels berth elsewhere.
Immediately following Formal Presentations, President Skogstad presented a placque of appreciation to Mr. Poindexter for his service on the Borough Assembly.
President Skogstad then allowed Public Comments and Public Presentations.
PUBLIC COMMENTS AND PUBLIC PRESENTATIONS
John Fenske, representing the Kenai Peninsula College Council and the Homer/Kachemak Bay Advisory Council, updated the Assembly regarding various educational programs sponsored by the KPC Council.
Grace Turkington, representing Homer Junior High School, expressed appreciation for the meeting being held in Homer. She spoke regarding potentially dangerous conditions at the swimming pool and the passageway between the junior high and intermediate schools.
Lincoln Saito, Principal of Homer Junior High School, spoke regarding the fact that their school does not have a separate lunch room and the damage which occurs to the gym floor due to heavy usage. Mr. Saito also addressed some safety issues noted by the former speaker.
Joe Lawler, representing Safe Harbor, spoke regarding homeless teenagers in the Kenai Peninsula Borough. Mr. Lawler asked for the Assembly's support in solving this problem.
Speaking on the issue of marine vessel taxation were the following people:
Lee Martin, Alaska resident and vessel owner
Tex Edwards, tour boat operator
Velma Ellison, fish buyer
Ken Seymour, owner of Seymour Marine Fiberglass Repair and a commercial fisherman
Jack Montgomery, owner of Rainbow Tours
Nancy Hillstrand, wife of a commercial fisherman
Mike Brooks, commercial fisherman
Eric Stanton, commercial fisherman
Bill Keener, marine electronics sales and service
Larry Smith
Don Delane, commercial fisherman
Paul Seaton, commercial fisherman
Dave Dryer, commercial fisherman
Bob Moss, boat owner
Tom Skoter, Homer, representing South Peninsula Hospital Service Area Board, expressed appreciation to the Assembly for their help in acquiring a new X-ray machine.
OTHER BUSINESS
NOTICE OF NEXT MEETING AND ADJOURNMENT
President Skogstad notified the members that the following items will be included under Items Not Completed From Prior Agenda at the November 5, 1991, meeting.
- Kenai Peninsula Borough Road Service Area Board Appointment - Sam McLane
- Travel to Akita, Japan to initiate sister city relationship
The next meeting of the Kenai Peninsula Borough Assembly will be on November 5, 1991, at 7:30 p.m. in the Assembly Chambers of the Borough Administration Building. The meeting of October 29, 1991 adjourned at 12:00 midnight.
Date Approved: December 3, 1991
________________________________________
James W. Skogstad, Assembly President
ATTEST:
_______________________________________
Gaye J. Vaughan, Borough Clerk