Kenai Peninsula Borough

Assembly Meeting Minutes

April 5, 2005 - 7:00 p.m. Regular Meeting - Soldotna, Alaska

CALL TO ORDER

A Regular Meeting of the Kenai Peninsula Borough Assembly was held on April 5, 2005, in the Assembly Chambers, Borough Administration Building, Soldotna, Alaska. President Superman 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 Phil Edgerly, Reflection Lake Chapel, Kasilof.

There were present:

Gary Superman, Presiding

Dan Chay

Paul Fischer

Betty Glick

Ron Long

.Milli Martin

Grace Merkes

Chris Moss

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

COMMITTEE REPORTS (7:04:29)

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

Assembly Member Merkes stated the Lands Committee met and addressed its agenda items.

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

Assembly Member Long reported the Legislative Committee met and discussed its brief agenda. The Committee also discussed several items before the Legislature. Governor Murkowski was scheduled to meet in Soldotna on April 15, 2005, to discuss the use of Amerada Hess funds for transportation projects and assembly members were invited to attend.

APPROVAL OF AGENDA AND CONSENT AGENDA (7:27:01)

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

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

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

[Clerk's Note: The Planning Commission approved the above referenced vacation by unanimous consent during its regularly scheduled March 14, 2005 meeting.]

MOTION: Fischer moved to suspend the rules and address the following ordinances as the first items of business under Public Hearing:

-Ordinance 2005-05

-Ordinance 2005-07.

MOTION PASSED: Unanimous.

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.

[Clerk's Note: Ordinance 2005-19 was renumbered to Ordinance 2005-20.]

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

AGENDAS APPROVED AS AMENDED: Unanimous.

COMMENDING RESOLUTIONS AND PROCLAMATIONS (7:35:44)

Mayor Bagley proclaimed the month of April 2005 as Sexual Assault Awareness Month and presented a proclamation to Kenai Chief of Police Chuck Kopp.

PRESENTATIONS WITH PRIOR NOTICE - None.

PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (7:38:14)

Ruby Kime, Alice Avenue, Ninilchik, AK, expected the administration to produce the FY06 proposed budget sooner.

Richard DeMello, 51296 Biscayne Drive, Kenai, AK, expressed his displeasure with tax increases.

Bob Picard, PO Box 812, Anchor Point, AK, said there was too much bureaucracy in building a garage to house fire fighting equipment.

REPORTS OF COMMISSIONS AND COUNCILS (7:48:50)

Assembly Member Merkes reported on the Sterling Town Meeting held March 28, 2005.

MAYOR'S REPORT (7:51:52)

Agreements and Contracts

Spruce Bark Beetle Mitigation Program:

Approval of sole source contract with Ron Moore for Bus Extrication Course at CES

Approval of bid award to Great Bear Ford for purchase of Vehicle for Road Service Area

Other

Mayor Bagley introduced Chris Mokracek as the new Central Emergency Services Chief.

PUBLIC HEARINGS ON ORDINANCES (7:52:50)

Ordinance 2005-05: Enacting KPB Chapter 5.19, Providing for a Transient Accommodations Tax and Providing for the Submission to the Voters of a Proposition Authorizing the Borough to Impose this Tax (Glick) (Final Hearing) (Referred to Policies and Procedures Committee)

[Clerk's Note: There was a motion to enact Ordinance 2005-05 on the floor from the March 1, 2005 meeting.]

President Superman called for public comment.

The following people spoke in opposition to Ordinance 2005-05:

Charles A. Short, 46941 Kenai Spur Highway, Kenai, AK

Carol Cordes, 146 E. Fairview Avenue, Homer, AK

Merlin Cordes, 146 E. Fairview Avenue, Homer, AK

Don Johnson, PO Box 876, Soldotna, AK

Gerry Scholand, 58856 East End Road, Homer, AK, spoke on behalf of the Bed & Breakfast Association of Alaska

Lou Detwiler, 58856 East End Road, Homer, AK

Leah Handley, 61230 Cottonwood Lane, Homer, AK

Lance Stevens, 1585 Race Road, Homer, AK

Marie Stevens, 1585 Race Road, Homer, AK

Ross Harding, 1535 Angler Drive, Kenai, AK

Maria Cahoon, 1660 Race Road, Homer, AK

Joe Conners, PO Box 1085, Sterling, AK, spoke on behalf of the Kenai River Guide Association

Mel Allen Erickson, PO Box 1127, Soldotna, AK

Herman Fandel, 702 Lawton Drive, Kenai, AK

Ruby Kime, Alice Avenue, Ninilchik, AK

Tim Cashman, Soldotna, AK, suggested the per seat/per day charter tax issue be addressed.

The following people spoke in favor of Ordinance 2005-05:

Mya Renken, 11471 Kenai Spur Highway, Kenai, AK, read a letter from the board of directors of the Kenai Convention and Visitors Bureau suggesting sustainable tourism marketing.

Pat Porter, Kenai, AK, suggested funds collected within municipalities be returned to the respective cities.

Aud Walaszek, PO Box 522, Kasilof, AK, executive director of Kenai Peninsula Tourism Marketing Council, recommended that additional amendments identify funds for tourism marketing and address cities that had an existing bed tax.

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

(9:07:53)

MOTION TO AMEND: Glick moved to amend Ordinance 2005-05 by substitution.

MOTION TO AMEND BY

SUBSTITUTION PASSED: Unanimous.

Assembly Member Glick did not wish to continue taxing only local residents and property owners and proposed the bed tax to include visitors. Ms. Glick said the substitute addressed administrative provisions as proposed by the Finance Department. Assembly Member Glick anticipated additional amendments to the substitute.

MOTION TO AMEND: Long moved to amend Ordinance 2005-05 (Substitute) as follows:

Section 1 5.19.100 (A) to read, "...in the amount of 4 [8] percent of the accommodations rent."

Section 1 5.19.400 (A) to read, "The tax to be added to the accommodations price shall be four percent (4%) [EIGHT PERCENT (8%)] of the accommodations price..."

Section 2 to read, "...Shall Ordinance 2005-05, providing for the imposition of a 4 [AN 8] percent transient accommodations tax, be ratified?"

MOTION TO AMEND PASSED: Unanimous.

Assembly Member Moss said he would submit an amendment at the next meeting regarding revenue sharing with the cities.

MOTION TO AMEND: Glick moved to amend Ordinance 2005-05 (Substitute) by adding two additional public hearing dates of May 3, 2005 and May 17, 2005.

VOTE ON MOTION TO AMEND:

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

No: Superman

Absent: None

MOTION TO AMEND PASSED: 8 Yes, 1 No, 0 Absent

MOTION TO POSTPONE: Glick moved to postpone Ordinance 2005-05 (Substitute) until the next scheduled public hearing date of May 3, 2005.

MOTION TO POSTPONE PASSED: Unanimous.

(9:27:24)

Ordinance 2005-07: Amending KPB 5.12.105(A) to Limit the Property Tax Exemption for Senior Citizens, Disabled Veterans, and Surviving Spouses Thereof to $300,000 in Assessed Value (Sprague) (First of Two Hearings) (Referred to Policies and Procedures Committee)

MOTION: Chay moved to enact Ordinance 2005-07.

President Superman called for public comment.

The following people spoke in opposition to Ordinance 2005-07:

Charles A. Short, 46941 Kenai Spur Highway, Kenai, AK

Rockford Derry, 37095 Nerka Court, Soldotna, AK

Glenn Schrader, PO Box 1264, Kenai, AK

William Bartlett, 47190 Diamond Street, Nikiski, AK

Jim Walters, 36910 Water Street, Soldotna, AK

Earl Miller, 33526 Johnson Drive, Soldotna, AK

Wayne Debnam, PO Box 1205, Sterling, AK

Bob Standish, 45333 Keta Court, Kenai, AK

Bob Picard, PO Box 812, Anchor Point, AK

Don Johnson, PO Box 876, Soldotna, AK

Roger Laber, 319 Riverside Drive, Soldotna, AK

William Perrigo, 53390 English Avenue, Nikiski, AK

Tim Cashman, PO Box 3143, Soldotna, AK

Joan Bennett Schrader, PO Box 1264, Kenai, AK

James Price, 49185 Island Lake Road, Nikiski, AK

Fred Sturman, PO Box 513, Soldotna, AK

Connie Grudzinski, 48814Sandhill Crane Loop, Soldotna, AK

Tim O'Brien, 49181 Freda Drive, Nikiski, AK

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

Assembly Member Merkes said she may have a conflict of interest as a senior citizen herself. Borough Attorney Colette Thompson said Ms. Merkes was a member of a large group and was obligated to vote on the matter.

MOTION TO AMEND: Sprague moved to amend Ordinance 2005-07 as follows:

Section 1 to read, "That KPB 5.12.1 05 (A) is amended as follows: A. A single parcel of real property owned and occupied as the primary residence and permanent place of abode [BY A (1) RESIDENT 65 YEARS OF AGE OR OLDER; (2) DISABLED VETERAN; OR A RESIDENT AT LEAST 60 YEARS OLD WHO IS THE WIDOW OR WIDOWER OF A PERSON WHO QUALIFIED FOR THIS EXEMPTION UNDER (1) OR (2) OF THIS SUBSECTION,] is exempt from taxation as set forth in subsections 1 or 2 of this section. The limitation to a single parcel shall apply unless the applicant has applied for and received a determination that nay additional parcel proposed for exemption qualifies as a subsidiary parcel eligible for inclusion as part of the primary residence and permanent place of abode under state law. 1. Qualifying property of a resident 65 years of age or older, or a resident at least 60 years old who is the widow or widower of such persona, is exempt from taxation in the maximum amount of $300,000; 2. A disabled veteran, or a resident at least 60 years old who is the widow or widower of such person, is exempt from taxation in an unlimited amount."

Assembly Member Sprague said disabled veterans retained the unlimited tax exemption with this amendment.

Assembly Members Glick and Fischer spoke in opposition to the amendment based on this evening's testimony from disabled veterans who did not want to be singled out for tax exemptions.

Assembly Member Long spoke in favor of the amendment.

(10:46:19)

The gavel was passed to Vice President Long. Assembly President Superman spoke in favor of the amendment. The gavel was returned to President Superman.

VOTE ON MOTION TO AMEND:

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

No: Fischer, Glick, Merkes

Absent: None

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

Assembly Member Martin said she would have a "hardship" amendment to present at the next meeting.

MOTION TO POSTPONE: Sprague moved to postpone Ordinance 2005-07 until the next scheduled public hearing date of April 19, 2005.

MOTION TO POSTPONE PASSED: Unanimous.

(10:54:58)

MOTION: Sprague moved to suspend the rules and extend the legislative deadline by one half hour to Midnight.

MOTION PASSED: Unanimous.

(10:55:43)

Ordinance 2004-19-40: Authorizing the South Peninsula Hospital to Redirect $115,000 Previously Appropriated for a Hematology Analyzer to the Purchase of Surgical Equipment and Instruments (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2004-19-40.

President Superman called for public comment with none being offered.

MOTION TO ENACT PASSED: Unanimous.

(10:57:02) Ordinance 2004-19-41: Appropriating Funds to Enhance Ice-Making at the Jason Peterson Memorial Ice Rink (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2004-19-41.

Assembly Member Moss said the rink had natural ice and the funding would be used to investigate the feasibility of upgrades.

President Superman called for public comment.

The following people spoke in favor of Ordinance 2004-19-41:

Janice Chumley, Parsons Road, Nikiski, AK, suggested the rink surface first be leveled.

Tim O'Brien, 49181 Freda Drive, Nikiski, AK

James Price, 49185 Island Lake Road, Nikiski, AK

Marsha Ware, PO Box 7059, Nikiski, AK

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

KPB Public Works Director Rob Robson explained various ice-making procedures and thermal requirements.

MOTION TO AMEND: Glick moved to amend Ordinance 2004-19-41 as follows:

Section 1 to read, "...for the purpose of hiring a consultant to study the cost and feasibility of upgrades to achieve a useable sheet of ice [ENHANCING THE ICE-MAKING CAPABILITY] at the Jason Peterson Memorial Ice Rink."

MOTION TO AMEND: Sprague moved to amend Section 1 to read, "...for the purpose of hiring a consultant to study the cost and feasibility of upgrades to achieve a useable sheet of ice and enhancing the ice-making capability at the Jason Peterson Memorial Ice Rink."

SECONDARY AMENDMENT PASSED: Unanimous.

MAIN AMENDMENT PASSED: Unanimous.

MOTION TO ENACT AS AMENDED PASSED: Unanimous.

(11:26:56)

Ordinance 2004-19-42: Appropriating Funds for the Road Service Area Bruno Bridge Capital Improvement Project (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2004-19-42.

Assembly Member Moss stated the project had been approved by the Road Service Area Board.

President Superman called for public comment with none being offered.

MOTION TO ENACT PASSED: Unanimous.

(11:28:14)

MOTION: Sprague moved to suspend the rules and address the following items of business:

- Mayor's Veto of Ordinance 2004-35

-Petition to Vacate (Monson Tract)

-Confirmation of New Borough Clerk.

MOTION PASSED: Unanimous.

(11:30:12)

Mayor's Veto of Ordinance 2004-35 (Referred to Policies and Procedures Committee)

MOTION: Glick moved to override the mayor's veto of Ordinance 2004-35.

Assembly Member Glick said the City of Kenai offered brief fiscal notes for its projects.

Assembly Member Fischer said the State provided fiscal notes to its legislation.

Assembly Member Long spoke in opposition as assembly members would now be obligated to provide their own economic summaries without the assistance of borough staff.

VOTE ON MOTION TO OVERRIDE

THE MAYOR'S VETO:

Yes: Chay, Fischer, Glick, Moss, Sprague

No: Long, Martin, Merkes, Superman

Absent: None

MOTION TO OVERRIDE VETO FAILED: 5 Yes, 4 No, 0 Absent

[Clerk's Note: A motion to override required 6 Yes votes to pass.]

(11:36:14)

Petition to Vacate 40-feet of the 50-foot utility and public right of way easement along the southern boundary of Tract 2 of Monson Tract (Plat HM 79-82); Section 29, Township 2 South, Range 14 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2004-269. Note: A 10' Pedestrian Easement to be Retained. Petitioners: Acea D. & Marge Rollins and Wayne E. Jones of Ninilchik, Alaska. Location: West of Sterling Highway in Ninilchik (Referred to Lands Committee)

[Clerk's Note: The Planning Commission approved the above referenced vacation by unanimous consent during its regularly scheduled March 14, 2005 meeting.]

Planning Director Max Best said the Planning Commission originally addressed a petition to vacate the entire 50 foot easement in November of 2004. The assembly vetoed that decision on December 7, 2004. The petitioners had resubmitted a revised application to vacate 40 feet of the 50 foot utility and public right of way easement.

MOTION: Sprague moved to veto the decision of the Planning Commission.

Assembly Member Sprague said the applicant had built a structure entirely within the 50 foot easement.

VOTE ON MOTION TO VETO

THE DECISION OF THE COMMISSION:

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

No: Fischer, Merkes, Moss

Absent: None

MOTION TO VETO DECISION OF

PLANNING COMMISSION PASSED: 6 Yes, 3 No, 0 Absent

(11:39:45)

Confirming Sherry Biggs as the New Borough Clerk Effective May 1, 2005 and Setting the Salary (Referred to Finance Committee)

MOTION: Moss moved that Sherry Biggs, Deputy Clerk, be appointed to the position of Borough Clerk effective May 1, 2005, with a starting annualized salary of $67,623, and that she also retain her car allowance of $3,600 per year. A review of her performance and salary will be accomplished at the first assembly meeting in November of 2005.

MOTION PASSED: Unanimous.

(11:41:35)

Ordinance 2005-04: Enacting KPB 5.08.025 Establishing Guidelines for Service Areas to Borrow Money from the General Fund for Capital Acquisitions (Martin) (Final Hearing) (Referred to Policies and Procedures Committee)

[Clerk's Note: There was a motion to enact Ordinance 2005-04 on the floor from the March 1, 2005 meeting.]

President Superman called for public comment on Ordinance 2005-04 with none being offered.

MOTION TO AMEND: Martin moved to amend Ordinance 2005-04 by substitution.

MOTION TO AMEND BY

SUBSTITUTION PASSED: Without objection.

Assembly Member Chay spoke in opposition to Ordinance 2005-04 (Substitute).

VOTE ON MOTION TO ENACT SUBSTITUTE:

Yes: Fischer, Long, Martin, Merkes, Moss, Sprague, Superman

No: Chay, Glick

Absent: None

MOTION TO ENACT SUBSTITUTE PASSED: 7 Yes, 2 No, 0 Absent

(11:51.18)

Ordinance 2005-08: Amending KPB 2.52 to Clarify Procedures Regarding the Records Management System (Superman at the Request of the Borough Clerk) (Referred to Policies and Procedures Committee)

MOTION: Chay moved to enact Ordinance 2005-08.

President Superman called for public comment with none being offered.

MOTION TO ENACT PASSED: Unanimous.

(11:52:49)

Ordinance 2005-12: Amending KPB 5.18.450 to Provide Parity Between Local and Out of Jurisdiction Service Providers (Chay) (First of Two Hearings) (Referred to Policies and Procedures Committee)

MOTION: Chay moved to enact Ordinance 2005-12.

Assembly Member Chay said he introduced the ordinance on behalf of the Kenai Peninsula Bar Association.

President Superman called for public comment with none being offered.

MOTION TO POSTPONE: Moss moved to postpone Ordinance 2005-12 until the next scheduled public hearing date of April 19, 2005.

MOTION TO POSTPONE PASSED: Unanimous.

NEW BUSINESS (11:55:31)

Resolution 2005-028: Supporting HB 195 "An Act Appropriating Funds to Reimburse Municipalities for Real Property Tax Revenue Lost Due to the Mandatory Senior Citizen and Disabled Veterans Exemptions" (Superman) (Referred to Legislative Committee)

MOTION: Long moved to adopt Resolution 2005-028.

President Superman called for public comment.

The following people spoke in favor of Resolution 2005-028:

Glenn Schrader, PO Box 1264, Kenai, AK

Joan Bennett Schrader, PO Box 1264, Kenai, AK

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

MOTION TO POSTPONE: Long moved to postpone Resolution 2005-028 until the next meeting of April 19, 2005.

MOTION TO POSTPONE PASSED: Unanimous.

(12:00:00)

Resolution 2005-029: Supporting the Continuation of the Kenai Spur Extension Road Project (Mayor) (Referred to Finance Committee)

[Clerk's Note: Having reached the legislative deadline, Resolution 2005-029 was carried over to the April 19, 2005 meeting.]

PUBLIC COMMENTS AND PUBLIC PRESENTATIONS - None.

ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

The next meeting of the Kenai Peninsula Borough Assembly was scheduled for April 19, 2005, at 7:00 p.m. in the Assembly Chambers, Borough Administration Building, Soldotna, Alaska.

ASSEMBLY COMMENTS - None.

ADJOURNMENT (12:00:00)

Having reached the legislative deadline of midnight, President Superman adjourned the meeting.

I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of April 5, 2005.



Linda S. Murphy, Borough Clerk

Approved by Assembly: