CALL TO ORDER

A Regular Meeting of the Kenai Peninsula Borough Assembly was held on September 7, 2004, in the Assembly Chambers, Borough Administration Building, Soldotna, Alaska. President Sprague 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 Pastor Jim Pearson, Sterling and Cooper Landing Lutheran Church.

There were present:

Pete Sprague, Presiding

Dan Chay

Paul Fischer (via teleconference)

Betty Glick

Ron Long

Milli Martin

Grace Merkes

Chris Moss

Gary Superman 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

COMMITTEE REPORTS (7:03:07)

Assembly Member Martin said the Lands Committee met and discussed its agenda items.

Assembly Member Moss reported the Finance Committee met and discussed its lengthy agenda.

Assembly Member Glick said the Policies and Procedures Committee met and discussed its agenda items.

APPROVAL OF AGENDA AND CONSENT AGENDA (7:13:50)

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

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

Assembly Member Merkes requested clarification on the minutes from the August 17, 2004 meeting and moved to postpone approval of those minutes until September 21, 2004. The motion passed without objection.

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

• August 17, 2004 Board of Equalization Minutes
• A Resolution Commending Sabrina Malchoff as 2004 Miss Alaska American Coed, Teen Division (Martin)

• Resolution 2004-089: Authorizing the Sale of the Kenai Peninsula Borough and Kenai Peninsula School District Surplus Tangible Property (Mayor) (Referred to Finance Committee)
• Ordinance 2004-19-09: Accepting and Appropriating a $50,000 State Grant and Transferring $10,000 to Update the Borough's Coastal Management Plan, and Authorizing Award of a Sole-Source Contract (Mayor) (Shortened Hearing on 09/21/04) (Referred to Finance Committee)
• Ordinance 2004-19-10: Accepting and Appropriating a Grant from the United States Department of Agriculture, Forest Service, in the Amount of $70,000 for Forest Health Restoration (Mayor) (Shortened Hearing on 09/21/04) (Referred to Finance Committee)
• Ordinance 2004-30: Enacting KPB Chapter 5.12.114 to Provide for Property Tax Reduction for Property Affected by a Disaster (Mayor) (Hearing on 10/12/04) (Referred to Policies and Procedures Committee)
• Ordinance 2004-31: Confirming the Assessment Roll for the Char Subdivision Utility Special Assessment District and Establishing the Method for Terminating Assessments and Making Refunds to Property Owners (Mayor) (Hearing on 10/12/04) (Referred to Finance Committee)
• Ordinance 2004-32: Amending KPB 16.04.040 Requiring a Public Hearing to be Held Within a Proposed Expanded Service Area Prior to Adoption of an Ordinance Expanding any Such Service Area (Sprague) (Hearing on 10/12/04) (Referred to Policies and Procedures Committee)
• Approval of Canvass and Election Boards for the October 5, 2004 Regular Municipal Election (Referred to Policies and Procedures Committee)
• Confirming an Appointment to the Road Service Area Board (Referred to Policies and Procedures Committee)

Appointment Board Seat Term Expires

Michael A. Peek North Region September 30, 2004

President Sprague called for public comment on consent agenda items with none being offered

AGENDAS APPROVED AS AMENDED: Unanimous.

COMMENDING RESOLUTIONS AND PROCLAMATIONS (7:19:29)

Assembly Member Martin presented a commending resolution to Sabrina Malchoff of Port Graham, recognizing her as 2004 Miss Alaska American Coed, Teen Division.

PRESENTATIONS WITH PRIOR NOTICE (7:22:45)

Loren Smith, Executive Director, Arctic Winter Games, provided a quarterly update on activities for the reporting period of April 1 to June 30, 2004.

PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (7:30:04)

Crystal Penrod, 36860 Virginia Drive, Kenai, AK, wished to address a gravel pit operation in the Ciechanski area. Borough Attorney Colette Thompson said this matter was currently before the Planning Commission and suggested Ms. Penrod limit her comments to procedural matters and not specific merits of the pending gravel permit in case it was appealed to the Board of Adjustment. Ms. Penrod agreed and thanked the assembly for their time.

Lloyd Schade, 35250 Schade Drive, Homer, AK, reported on recent fires in the Homer area.

Rich Tolotta, 48494 Sandhill Crane Loop Road, Kasilof, AK, requested his road be graded and maintained or he would seek an injunction against the borough.

REPORTS OF COMMISSIONS AND COUNCILS - None.

MAYOR'S REPORT (7:47:12)

Spruce Bark Beetle Mitigation Program:

• Approval of contract with Breeds Forest Products for Tustumena Lake ROW Project
• Approval of contract with Breeds Forest Products for Willow ROW Project
• Approval of contract with Paul's Services for Kasilof Drive ROW Project
• Approval of contract with Blakeley's Auction Company for Public Outcry Auction
• Approval of contract with Afognak Construction and Excavation, Inc. for Drawings and Specifications for Bruno Bridge Repair
• Approval of contract with McLane Consulting, Inc. for Tyonek Landfill Site Survey
• Approval of contract with Gary E. Boyd & Associates, Inc. for OEM Siren Replacement
• Approval of Request for Waiver of Formal Bidding Procedures and award contract to Jaffa Construction for Re-tube boiler at Homer High School

Other

Budget Revisions - June/July 2004

Revenue - Expenditure Reports - June/July 2004

Mayor Bagley said he recently traveled to the Iliamna area to view the Pebble Creek Mine site.

Assembly Member Glick asked Mayor Bagley about the complaint regarding Sandhill Crane Loop Road. Mayor Bagley said he did not recall speaking with the person but would look into it.

PUBLIC HEARINGS ON ORDINANCES

(7:48:50)

Ordinance 2004-05 (Mayor's Substitute): Amending the Kenai Peninsula Borough Code Chapter 5.12 by Revising Procedures for Appeals to the Board of Equalization (Mayor) (Referred to Policies and Procedures Committee)

[Clerk's Note: There was a motion to enact on the floor from the March 16, 2004 meeting.]

President Sprague called for public comment.

The following person spoke in opposition to Ordinance 2004-05:

Mark Osterman, PO Box 1027, Kasilof, AK

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

MOTION TO AMEND: Glick moved to amend Ordinance 2004-05 (Mayor's Substitute) as follows:

Section 1. E to read, "...The decision may be reviewed by the board [ FULL ASSEMBLY] at the discretion of the president or vice-president, as appropriate..."

MOTION TO AMEND PASSED: Without objection.

MOTION TO AMEND: Glick moved to further amend Section 1. E. to read, "...The chair [PRESIDENT] of the board [ASSEMBLY], or in his or her absence, the vice-chair [VICE-PRESIDENT],is authorized to decide each submitted motion..."

And to change all references to assembly president and vice-president to board chair and vice-chair throughout the ordinance.

MOTION TO AMEND PASSED: Without objection.

MOTION TO AMEND: Glick moved to amend the final sentence of Sections 3 and 4 as follows:

"Both parties shall be given an [EQUAL] opportunity of equal time to respond to all questions asked of either party by any board member."

(8:03:35)

The gavel was passed to Vice President Superman. President Sprague spoke in opposition to the amendment. The gavel was returned to Assembly President Sprague.

VOTE ON MOTION TO AMEND:

Yes: Fischer, Long, Martin, Merkes, Moss

No: Chay, Glick, Superman, Sprague

Absent: None

MOTION TO AMEND PASSED: 5 Yes, 4 No, 0 Absent

MOTION TO AMEND: Glick moved to delete the first sentence of Section 6 as shown below:

"[NOTWITHSTANDING ANY CONTRARY PROVISIONS IN SECTION 1 OF THIS ORDINANCE, PARTIES TO APPEALS FILED PRIOR TO THE EFFECTIVE DATE OF THIS ORDINANCE SHALL HAVE UNTIL NO LATER THAN MAY 4, 2004 TO SUBMIT INTERROGATORIES AND REQUESTS FOR PRODUCTION TO THE OTHER PARTY.]

MOTION TO AMEND PASSED: Without objection.

MOTION TO ENACT AS AMENDED PASSED: Unanimous.

(8:16:03)

Ordinance 2004-19-03: Accepting and Appropriating Four Volunteer Fire Assistance Grants from the Alaska Department of Natural Resources (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2004-19-03.

President Sprague called for public comment.

Lloyd Schade, 35250 Schade Drive, Homer, AK, spoke in favor of Ordinance 2004-10-03, but also stressed the need for additional firefighting personnel.

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

MOTION TO POSTPONE: Moss moved to postpone Ordinance 2004-19-03 until September 21, 2004.

MOTION TO POSTPONE PASSED: Unanimous.

(8:21:04)

Ordinance 2004-19-08: Accepting and Appropriating $22,500 from the Alaska Department of Military and Veterans Affairs to Continue the Work of the Kenai Peninsula Borough Local Emergency Planning Committee (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2004-19-08.

President Sprague called for public comment with none being offered.

MOTION TO ENACT PASSED: Unanimous.

(8:22:27)

Ordinance 2004-27: Approving Birch and Grouse Ridge Subdivision Local Option Zoning District as a Rural-Residential (R-R) District, and Amending KPB Chapter 21.46.030 (Mayor) (Referred to Lands Committee)

MOTION: Martin moved to enact Ordinance 2004-27.

Assembly Member Martin said there were several amendments forthcoming.

President Sprague called for public comment.

The following person spoke in favor of Ordinance 2004-27:

Larry Lewis, 43961 K-Beach Road, Soldotna, AK, spoke on behalf of the Alaska Department of Fish & Game. Mr. Lewis endorsed the installation of bear-resistant garbage can enclosures within the proposed subdivision.

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

MOTION TO AMEND: Martin moved to amend Ordinance 2004-27 as follows:

Final Whereas to read, "the Kenai Peninsula Borough Planning Commission conducted a public hearing regarding the formation of the LOZ on August 23, 2004 and recommended to the assembly that Section 2.2.b. be deleted. A motion to recommend enactment of the ordinance passed by unanimous consent;"

MOTION TO AMEND PASSED: Without objection.

MOTION TO AMEND: Martin moved to delete the 6th Whereas and Section 2. 2.b. as shown below:

[WHEREAS, DUE TO TOPOGRAPHICAL CONSTRAINTS, THE 40-FOOT REAR YARD SETBACK REQUIREMENT IN KPB 21.44.170(C)(1) WOULD LIMIT DESIRABLE BUILDING OPTIONS; AND]

[2.2.B. THE 40-FOOT REAR YARD SETBACK REQUIRED BY KPB 21.44.170(C)(1) DOES NOT APPLY TO THE LOTS WITHIN THIS DISTRICT.]

MOTION TO AMEND PASSED: Without objection.

MOTION TO AMEND: Martin moved to add a new Section 2.2.b. to read as follows:

"The owner, lessee, resident, or person exercising physical control of property within this district shall install approved bear-resistant garbage can enclosures for storage of garbage on the property. A list of approved bear-resistant garbage can enclosures is available at the Planning Department of the Kenai Peninsula Borough. Alternatively garbage can enclosures may be approved on a case-by-case basis by the Planning Department of the Kenai Peninsula Borough after consultation with the Alaska Department of Fish and Game."

Assembly Member Long spoke in favor of the amendment.

(8:42:56)

The gavel was passed to Vice President Superman. President Sprague spoke in opposition to the amendment. The gavel was returned to President Sprague.

Assembly Member Merkes spoke in opposition to the amendment.

VOTE ON MOTION TO AMEND:

Yes: Chay, Glick, Long, Martin, Moss, Sprague

No: Fischer, Merkes, Superman

Absent: None

MOTION TO AMEND PASSED: 6 Yes, 3 No, 0 Absent

MOTION TO AMEND: Martin moved to amend Ordinance 2004-27 as shown below:

Section 3 to read, "That this Local Option Zoning District plat shall be recorded in the Seward recording district and upon recordation, the Kenai Peninsula Borough Clerk is authorized to insert the recording number of the plat in the appropriate location within Section 2 of this ordinance."

MOTION TO AMEND PASSED: Without objection.

MOTION TO ENACT AS AMENDED PASSED: Unanimous.

(9:01:31)

Ordinance 2004-28: Establishing the Grande View Heights One Local Option Zoning District, and Amending KPB 21.46.040 (Mayor) (Referred to Lands Committee)

MOTION: Martin moved to enact Ordinance 2004-28.

President Sprague called for public comment with none being offered.

MOTION TO AMEND: Martin moved to amend Ordinance 2004-28 as follows:

Final Whereas to read, "on August 23, 2004 the Planning Commission held a public hearing on the proposed local option zoning district and recommended enactment by unanimous consent;"

MOTION TO AMEND PASSED: Without objection.

MOTION TO AMEND: Martin moved to amend Ordinance 2004-28 as follows:

Fifth Whereas to read, "on July 13, 2004, in compliance with Chapter 21.08 the Planning Department received a petition from Salamatof Native Association, Inc., sole owners of the subject property, requesting single family residential zoning for Grande View Heights Phase I Subdivision[, WHICH RECEIVED FINAL PLAT APPROVAL ON ]; and"

MOTION TO AMEND: Martin moved to delete the plat number and leave it blank as shown below:

Section 1. A. 2. to read, "Grand View Heights One, described as Grand View Heights Subdivision Phase 1, Plat 2004-[036], Kenai Recording District, Kenai Peninsula Borough, Alaska, containing 56.912 acres. Upon recordation, the Kenai Peninsula Borough Clerk is authorized to insert the recording number of the plat in the appropriate location within this ordinance."

MOTION TO AMEND PASSED: Without objection.

MOTION TO ENACT AS AMENDED PASSED: Unanimous.

(9:08:02)

UNFINISHED BUSINESS (Notice of Reconsideration)

Resolution 2004-051: Supporting the Designation of the Sterling Highway as a State Scenic Byway Between Skilak Road and Anchor Point by the Alaska Department of Transportation and Public Facilities (Martin) (Referred to Lands Committee) (Notice of Reconsideration given by Martin)

MOTION TO RECONSIDER: Martin moved to reconsider Resolution 2004-051.

VOTE ON MOTION TO RECONSIDER:

Yes: Chay, Martin, Moss, Sprague

No: Fischer, Glick, Long, Merkes, Superman

Absent: None

MOTION TO RECONSIDER FAILED: 4 Yes, 5 No, 0 Absent

(9:09:40)

NEW BUSINESS

Resolution 2004-087: Opposing the Proposed Mixing Zone Revisions to the Alaska Water Quality Standards (Martin) (Referred to Lands Committee)

MOTION: Martin moved to adopt Resolution 2004-087.

President Sprague opened and closed the public comment period with none being offered.

MOTION TO POSTPONE: Martin moved to postpone Resolution 2004-087 until September 21, 2004.

MOTION TO POSTPONE PASSED: Unanimous.

(9:11:45)

Resolution 2004-088: Supporting the Tsalteshi Trails Association 2004 Alaska Department of Natural Resources Recreation Trails Grant Application (Sprague) (Referred to Lands Committee)

MOTION: Martin moved to adopt Resolution 2004-088.

President Sprague opened and closed the public comment period with none being offered.

MOTION TO ADD ADDITIONAL HEARING: Martin moved to add an additional public hearing date of September 21, 2004.

MOTION TO ADD HEARING PASSED: Unanimous.

(9:15:41)

PUBLIC COMMENTS AND PUBLIC PRESENTATIONS

Joyce Fischer, Mile 107 Sterling Highway, Kasilof, AK, commented on the scenic byway project.

Mark Osterman, PO Box 1027, Kasilof, AK, discussed the public comment period earlier in the evening.

Lloyd Schade, 35250 Schade Drive, Homer, AK, expressed his concern with accepting grants to plant trees instead of spending money on educators at McNeil Canyon School.

Fred Sturman, PO Box 513, Soldotna, AK, discussed salary increases for borough employees.

ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS (9:24:47)

ASSEMBLY COMMENTS (9:25:02)

Assembly Member Martin looked forward to having the next the assembly meeting in Homer. Ms. Martin encouraged more local support for the scenic byway program. Ms. Martin reminded the public that the assembly had funded the school district to the maximum amount allowed by law.

Assembly Member Merkes wished Miss Alaska, Christina Reasner of Sterling, much success at the Miss America competition in Atlanta. Ms. Merkes stated her son recently completed a subdivision and wished to thank the planning department staff for their assistance and cooperation.

Assembly President Sprague stated Melody Douglas, CFO for the School District, was seeking assembly participation on the FY06 School District Budget Review Committee. Ms. Martin and Mr. Chay agreed to serve as the assembly's representatives on the committee.

Mr. Sprague referred to a recent Anchorage editorial which noted the municipality now had 300 documents available for viewing on its website, in addition to a recap of the prior assembly meeting. President Sprague noted the KPB Clerk's Office had several decades worth of assembly meetings, resolutions and ordinances available on its website and thanked the Clerk and her staff for their work.

ADJOURNMENT (9:32:45)

With no further business to come before the assembly, President Sprague adjourned the meeting at 9:32 p.m.

I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of September 7, 2004.

Approved by Assembly: