CALL TO ORDER

A Regular Meeting of the Kenai Peninsula Borough Assembly was held on May 2, 2000, in the Council Chambers of City Hall, Seward, Alaska. President Popp called the meeting to order at 7:00 p.m.

PLEDGE OF ALLEGIANCE AND INVOCATION

The Pledge of Allegiance was recited followed by the invocation given by Paul Pichotta of the Seward Chapel.

There were present:

Bill Popp, Presiding

Jack Brown

Paul Fischer

Grace Merkes

Chris Moss

Tim Navarre

Pat O'Brien

Drew Scalzi

Pete Sprague comprising a quorum of the assembly.

Also in attendance were:

Dale Bagley, Borough Mayor

Colette Thompson, Borough Attorney

Linda Murphy, Borough Clerk

Sherry Biggs, Deputy Borough Clerk

APPROVAL OF AGENDA AND CONSENT AGENDA (Tape 1A, 026)

MOTION TO APPROVE AGENDAS: Scalzi moved for the approval of the agenda and consent agenda.

President Popp called for additions, corrections or deletions to the agenda or consent agenda.

The following items were moved from the regular agenda to the consent agenda:

• Request for Formal Assembly Objection to the Continuation of the New Peking Liquor License (Kenai, Alaska) Because of Unpaid Taxes Due the Borough (Referred to Finance Committee)
• Request for Formal Assembly Objection to the Continuation of the Alaskalanes Liquor License (Kenai, Alaska) Because of Unpaid Taxes Due the Borough (Referred to Finance Committee)

• Request for Formal Assembly Objection to the Continuation of the Legends of the Mountain Liquor License (Seward, Alaska) Because of Unpaid Taxes Due the Borough (Referred to Finance Committee)

The following item was added to the regular agenda:

• A Resolution Commending Andrea Knopik as a National PTA Award of Merit Recipient

Copies having been made available to the public, Borough Clerk Linda Murphy noted by title only the resolutions and ordinances on the consent agenda.

• Resolution 2000-033: Authorizing Award of a Contract for Professional Design Services for the Seward Middle School Roof Design/Renovation Project (Mayor) (Referred to Finance Committee)

• Resolution 2000-034: Approving the Rules and Regulations of the Kenai Peninsula Borough Road Service Area Board (Mayor at the Request of the RSA) (Referred to Policies and Procedures Committee)

• Resolution 2000-035: Supporting Completion of the Iditarod National Historic Trail from Seward to Girdwood (O'Brien) (Referred to Lands Committee)

• Ordinance 2000-19: Appropriating Funds for FY 2000-2001 (Mayor) (Hearings on 05/16/00 & 06/06/00) (Referred to Finance Committee)

• Ordinance 2000-20: Appropriating $451,245.48 from the Division of Emergency Services to Reimburse the Borough for Cost Incurred in Responding to the Severe Winter Storms Occurring from December 21, 1999 to February 23, 2000 (Mayor) (Shortened Hearing on 05/16/00) (Referred to Finance Committee)

• Transfer of Funds and Authorization to Recover Chairs for Public in Assembly Chambers (Referred to Policies and Procedures Committee)

• Petition to vacate a portion of Ariel's Lane (formerly Grannie's Road) within unsubdivided remainder of Tract 5 of Resubdivision of Tract 4 Loon Lake Subdivision (Plat 76-70 KRD), within Section 18, Township 3 North, Range 11 West, Seward Meridian, Alaska. KPB File No. 2000-037 (Referred to Lands Committee)

• Request for Formal Assembly Objection to the Continuation of the New Peking Liquor License (Kenai, Alaska) Because of Unpaid Taxes Due the Borough (Referred to Finance Committee)

• Request for Formal Assembly Objection to the Continuation of the Alaskalanes Liquor License (Kenai, Alaska) Because of Unpaid Taxes Due the Borough (Referred to Finance Committee)

• Request for Formal Assembly Objection to the Continuation of the Legends of the Mountain Liquor License (Seward, Alaska) Because of Unpaid Taxes Due the Borough (Referred to Finance Committee)

President Popp called for public comment on consent agenda items.

The following people spoke in favor of Resolution 2000-035:

Dan Seavey, PO Box 923, Seward, AK

Charlie Crangle, PO Box 3394, Seward, AK

With no further comments forthcoming, President Popp closed the public comment period on consent agenda items.

AGENDAS APPROVED AS AMENDED: Unanimous without objection.

COMMENDING RESOLUTIONS AND PROCLAMATIONS (Tape 1A, 400)

Assembly Member O'Brien read aloud a resolution commending Andrea Knopik on her recent musical Award of Merit from the National PTA Reflections Program.

PUBLIC COMMENTS AND PRESENTATIONS (Tape 1A, 450)

Mark Lutrell, PO Box 511, Seward, AK spoke on behalf of SOS Pets and asked for support with a new animal shelter in Seward.

Mike Calhoun, 611 4th Avenue, Seward, AK suggested sales tax relief on essential living items such as rental property and leases.

Ron Willie, PO Box 487, Seward, AK, appreciated having the Assembly come to Seward and inquired of options for remote participation during Assembly meetings. Mr. Willie thanked the Assembly and Roads Department for the efforts in rebuilding Meridian Road and encouraged responsible development.

COMMITTEE REPORTS (Tape 1A, 620)

Assembly Member Navarre stated the Legislative Committee met and discussed an upcoming trip to Washington, DC.

Assembly Member O'Brien said the Finance Committee discussed several items on the consent agenda. Of note for the Seward area was the awarding of a contract for design services for a new roof at the Seward Middle/High School.

Director of Finance, Jeff Sinz, presented the KPB 2000-2001 Proposed Budget. Workshops were scheduled for May 16 and June 5. The budget was scheduled for adoption at the June 6, 2000 Assembly meeting.

President Popp reported the Policies and Procedures Committee met and dealt with items on the consent agenda. The Policies and Procedures Committee also discussed the appeal of the Kenai Area Plan.

Assembly Member Scalzi stated the Lands Committee had a presentation by John Mohorcich on the Kenai River Habitat Protection ordinance.

(Tape 1B, 365)

Jim Lawyer, Director of Assessing, provided an overview of the reassessments in the Seward area.

REPORTS OF COMMISSIONS AND COUNCILS (Tape 1B, 585)

Assembly Member Fischer stated the Economic Development District (EDD) was working on a new focus, due to proposed funding cuts. The School District Co-Curricular Task Force planned to develop long-term solutions to budget shortfalls.

Assembly Member Merkes announced the Kenai Brown Bear Stakeholders group had released a draft copy of the "Kenai Brown Bear Conservation Strategy" and encouraged comments from the public.

Assembly Member Sprague attended meetings of the Central Kenai Peninsula Hospital Service Area Board, Juvenile Detention Center Committee, EDD, KPB Planning Commission, Caring for the Kenai, Kenai Watershed Forum, and KPB School Board.

Assembly Member Brown announced two upcoming meetings in Nikiski. The first meeting would focus on developing a community action plan and the second session was to discuss resurfacing of the Kenai Spur Highway.

Bob Valdatta, 528 Fifth Avenue, Seward, AK spoke on behalf of the American Legion, Post #5, Iron Mountain Shooters Club.

MAYOR'S REPORT (Tape 2A, 001)

• Agreements and Contracts

a. Approval of Attorney Services Agreement between KPB and Hicks, Boyd, Chandler, and Falconer to assist in the review and analysis of Kenai Area Plan options

• Approval to accept new proposal with United Fire Service, Inc. for purchase of new ambulance for Nikiski Fire Service Area

• Approval of bid award to Rozak Engineering for excavation, scheduling, and supervising relocation of contaminated soil in conjunction with tank closures at Homer High School and McNeil Canyon Elementary

• Approval of bid award to Paul's Services for tank removal at Homer High and McNeil Canyon Elementary

• Approval of a sole source contract with Xerox for supplies specific to the equipment used in the KPB print/mail department

Assembly Member O'Brien asked the cost for the law firm hired for the Kenai Area Plan appeal. Mayor Bagley deferred to Attorney Thompson who stated a final bill had yet to be presented.

PUBLIC HEARINGS ON ORDINANCES

(Tape 2A, 030)

Ordinance 2000-02 (Popp, Sprague Substitute): Repealing KPB 21.08 "Local Option" and Adopting KPB 21.44 "Local Option Zoning" (Popp, Sprague) (Fourth of Five Hearings) (Referred to Lands Committee)

[Clerk's Note: Motion to enact was on the floor from the March 21, 2000 meeting.]

President Popp opened the public comment period.

The following person spoke in favor of Ordinance 2000-02:

Ron Willie, PO Box 487, Seward, AK

With no further comments forthcoming, President Popp closed the public comment period.

MOTION: Scalzi moved to amend Ordinance 2000-02 as follows:

"21.44.030 Initiation Procedures.

A. The record owners of at least [two-thirds] three-fourths of the property owners...

21.44.140 Rezoning.

A.1. ...than [two-thirds] three fourths."

MOTION TO AMEND PASSED: Unanimous without objection.

MOTION: Popp moved to amend Ordinance 2000-02 (Sub) 21.44.240 Table 1. by deleting the maximum building height on the following Local Option Zoning Districts: R-R, R-M,

C-3, and I.

MOTION TO AMEND PASSED: Unanimous without objection.

The gavel was returned to President Popp.

Assembly Member Fischer requested the administration provide a fiscal note for implementation of this ordinance prior to the next meeting. Mayor Bagley stated the information would be available at that time.

MOTION: Navarre moved to postpone Ordinance 2000-02 (Substitute) until May 16, 2000.

MOTION TO POSTPONE PASSED: Unanimous without objection.

(Tape 2A, 400)

Ordinance 2000-08: Amending the Kenai River Habitat Protection Ordinance to Include Other Anadromous Streams within the Kenai Peninsula Borough (Scalzi, Brown, Navarre) (Second of Three Hearings) (Referred to Lands Committee)

[Clerk's Note: Motion to enact was on the floor from the March 21, 2000 meeting.]

Assembly Member Scalzi noted a representative of the Kenai River Center gave a presentation during the Lands Committee Meeting.

President Popp called for public comment.

The following people spoke in opposition to including Resurrection River in Ordinance 2000-08:

Jim McCracken, PO Box 691, Seward, AK

Steven Schafer, PO Box 1062, Seward, AK

Ron Long, Camelot Subdivision, Seward, AK

Bob Valdatta, 528 Fifth Avenue, Seward, AK

The following people spoke in favor of including Resurrection River in Ordinance 2000-08:

Charlie Crangle, PO Box 3394, Seward, AK

Dale Bondurant, 31864 Moonshine Drive, Soldotna, AK

MOTION: Scalzi moved to amend Ordinance 2000-08 21.18.025. Application by deleting Resurrection River, Stream No. 231-30-10080, until such time as a site specific plan for habitat protection can feasibly be implemented and adopted appropriately by ordinance.

Assembly Member O'Brien spoke in favor of the Scalzi amendment.

MOTION TO AMEND PASSED: Unanimous without objection.

MOTION: Scalzi moved to include the North Fork of the Anchor River, Stream No. 24410-10010-2011.

MOTION TO AMEND PASSED: Unanimous without objection.

MOTION: Brown moved to include Seven Egg Creek, Stream No. 24780-10010.

MOTION TO AMEND PASSED: Unanimous with objection.

MOTION: Sprague moved to amend Ordinance 2000-08 with the following additions:

"Section 4. 21.18.025 Application

(c) Soldotna Creek, Stream No. 24430-10010-2039

1. Unnamed tributary to East Mackey Lake 24430-10010-2039-3029

2. Unnamed tributary to Tree Lake 24430-10010-2039-3040

3. Unnamed tributary to Sevena Lake 24430-10010-2039-3045

4. Unnamed tributary to Cisca Lake 24430-10010-2039-3053."

VOTE ON MOTION TO AMEND:

Yes: O'Brien, Navarre, Scalzi, Popp, Brown, Sprague, Moss

No: Merkes, Fischer

Absent: None

MOTION TO AMEND PASSED: 7 Yes, 2 No, 0 Absent

MOTION: Merkes moved to postpone Ordinance 2000-08 until May 16, 2000.

Assembly Member Navarre spoke in opposition to postponement. He later reluctantly withdrew his objection.

Assembly Members Fischer, Brown, Sprague, Scalzi, and O'Brien spoke in favor of postponing Ordinance 2000-08.

MOTION TO POSTPONE PASSED: Unanimous without objection.

(Tape 2B, 280)

UNFINISHED BUSINESS - Postponed Items

Kenai Area Plan Appeal (Referred to Policies and Procedures Committee)

[Clerk's Note: Motion to support the Mayor's appeal of the Kenai Area Plan was on the floor from the April 18, 2000 meeting.]

President Popp opened the public comment period.

The following person spoke in favor of the appeal as filed by Mayor Bagley:

Sherman C. "Red" Smith, PO Box 770, Cooper Landing, AK

The following people spoke in opposition to the appeal as filed by Mayor Bagley:

Mark Luttrell, Box 511, Seward, AK spoke on behalf of the Eastern Kenai Peninsula Environmental Action Association.

Erin Knotek, PO Box 83, Moose Pass, AK

Mike Trudeau, PO Box 517, Moose Pass, AK

Jim Richardson, PO Box 757, Cooper Landing, AK

Jennifer Trudeau, PO Box 517, Moose Pass, AK

Jeff Mitchell, PO Box 31, Moose Pass, AK

Kathy Mitchell, PO Box 31, Moose Pass, AK

Bernadine Silva, PO Box 47, Moose Pass, AK

Rick Smeriglio, PO Box 1062, Seward, AK

Richard Jacoby, PO Box 2924, Seward, AK

Leslie Hines, PO Box 2924, Seward, AK

Charlie Crangle, PO Box 3394, Seward, AK

Ron Willie, PO Box 487, Seward, AK

Karen Proberg, PO Box 505, Moose Pass, AK

There being no one else who wished to speak, the public comment period was closed.

Further discussion ensued among the assembly members.

(Tape 3A, 455)

MOTION: Navarre moved to postpone action on the Kenai Area Plan appeal until May 16, 2000, with all information to be provided by the administration prior to that date.

Assembly Members Brown, Scalzi, Moss and Merkes spoke in favor of the postponement.

Assembly Members Sprague and O'Brien spoke in opposition to postponement.

(Tape 3A, 590)

The gavel was passed to Vice President Navarre. President Popp discussed the lack of clarity and lateness in the delivery of information to the assembly. Mr. Popp expressed his concern the Kenai Area Plan appeal should focus on issues of policy and law and not individual parcels. The gavel was returned.

VOTE ON MOTION TO POSTPONE:

Yes: Merkes, Fischer, Navarre, Scalzi, Brown, Moss, Popp

No: Sprague, O'Brien

Absent: None

MOTION TO POSTPONE PASSED: 7 Yes, 2 No, 0 Absent

(Tape 3A, 695)

MOTION: Navarre moved to hold a Special Meeting of the Assembly at 1:00 p.m. on May 8, 2000, to discuss in executive session legal considerations on the Mayor's appeal of the Kenai Area Plan.

VOTE ON MOTION TO HOLD

SPECIAL MEETING:

Yes: Brown, Merkes, Moss, Navarre, Fischer, Popp

No: Scalzi, Sprague, O'Brien

Absent: None

MOTION TO HOLD SPECIAL

MEETING PASSED: 6 Yes, 3 No, 0 Absent

(Tape 3A, 750)

[Clerk's Note: Assembly Members Navarre and Scalzi were excused from the meeting due to prior commitments.]

PUBLIC COMMENTS (Tape 3A, 760)

Sherman C. "Red" Smith, PO Box 770, Cooper Landing, AK thanked the Assembly for their hard work.

Bob Valdatta, 528 Fifth Avenue, Seward, AK asked the Assembly to consider suppling natural gas to Seward. Mr. Valdatta also brought to their attention the need for a juvenile detention center at the Spring Creek Correctional Facility.

Cindy Ecklund, 806 Second Avenue, Seward, AK spoke on behalf of the Seward Middle/High School site based council. Ms. Ecklund told of the inequity in the proposed staffing cuts at Seward in comparison to other Peninsula schools.

Lynn Holle, spoke on behalf of the Seward Parent Teacher Student Association. Ms. Holle noted the Parent/Teacher Ratio level was being increased to a high school level, with no consideration for the middle school aspect.

ANNOUNCEMENTS (Tape 3B, 295)

• The next meeting of the Kenai Peninsula Borough Assembly was scheduled for May 16, 2000, at 7:00 p.m. in the Assembly Chambers, Borough Administration Building, 144 N. Binkley Street, Soldotna, Alaska.

ASSEMBLY COMMENTS (Tape 3B, 315)

Assembly Member Sprague thanked the City of Seward for hosting and enjoyed the participation of the Eastern Peninsula residents at both the school board and assembly meetings.  Assembly Member Brown thanked the City for their hospitality.

Assembly Member Merkes was pleased with the level of participation and thanked City Clerk Patrick Reilly for his assistance and arrangements with the meeting.

Assembly Member Moss encouraged everyone to attend the Annual Shorebird Festival in Homer

Assembly Member O'Brien thanked the audience for their participation and comments.

Assembly President Popp thanked the citizens of Seward for welcoming the assembly and staff. Mr. Popp thanked Mayor Blatchford and other members of the Seward city government for the warm welcome.

ADJOURNMENT (Tape 3B, 420)

With no further business to come before the assembly, President Popp adjourned the meeting at 11:29 p.m.

I certify the above represents an accurate summary of the assembly meeting of May 2, 2000.

Linda S. Murphy, Borough Clerk