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Kenai Peninsula Borough Assembly Meeting Minutes |
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June 21, 2005 - 7:00 p.m. Regular Meeting -Soldotna, Alaska |
CALL TO ORDER
A Regular Meeting of the Kenai Peninsula Borough Assembly was held on June 21, 2005, in the Borough 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 Rick Cupp from Kenai Fellowship.
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
Sherry Biggs, Borough Clerk
Johni Blankenship, Deputy Clerk
COMMITTEE REPORTS (7:02:06)
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.
APPROVAL OF AGENDA AND CONSENT AGENDA (7:15:18)
MOTION TO APPROVE AGENDAS: Glick 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:
Copies having been made available to the public, Borough Clerk Sherry Biggs noted by title only the resolutions, ordinances and minutes on the consent agenda.
[Clerk's Note: The following technical amendments were made to Resolution 2005-057: 3rd Whereas to read, "the Road Service Area received three bids; and"; Final Whereas to read, "the low responsive bidder is Covey Enterprises;"; Section 1 to read, " That the Mayor is authorized to award a contract to Covey Enterprises to perform the work for the bid amount of $116,735.00."]
[Clerk's Note: The following technical amendment was made to Resolution 2005-058: Final Whereas to read, "at it regularly scheduled meeting of June 14, 2005 the Road Service Area Board recommended adoption;"]
[Clerk's Note: The following technical amendments were made to Resolution 2005-061: Title to read, "A Resolution Authorizing Award of Contracts for [FOUR] Three, Group B, Road Capital Improvement Projects; Section 1. to read, "That the mayor is authorized to award contracts to the listed bidders to perform the work for the following projects and bid award:
Project Project Low Bid
Number Name Bidder Amount
05W02 05W04 Isaak Road Wolverine Supply, Inc $156,101.00
05S02 05S02 Ruth Way, Forest Drive Northfield Enterprises $99,981.00
05S03 05S03 Virginia Ave., Centurion Dr.
Denny Lane Northfield Enterprises $98,914.00
[05E04 05E01 MOAT WAY, EXCALIBUR WAY, CAMELOT DR."]]
President Superman called for public comment on consent items agenda.
Vicki Pate, PO Box 7447, Nikiski, AK, addressed the Assembly regarding Ordinance 2005-28.
There being no one else who wished to speak, the public comment period was closed.
AGENDAS APPROVED AS AMENDED: Without objection.
COMMENDING RESOLUTIONS AND PROCLAMATIONS - None
PRESENTATIONS WITH PRIOR NOTICE-None
PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (7:26:29)
President Superman opened the public comment period.
The following people addressed the Assembly regarding Central Area Rural Transit (CARTS):
Maka Fairman, 3813 Tundra Rose Road, Homer, AK
Nick Bairamas, 235 Lee Drive, Homer, AK
Mike Fairman, 3813 Tundra Rose Road, Homer, AK
There being no one else who wished to speak, the public comment period was closed.
REPORTS OF COMMISSIONS AND COUNCILS - None.
MAYOR'S REPORT (7:51:55)
Agreement and ContractsSpruce Bark Beetle Mitigation Program:
Assembly Member Glick requested a copy of the last audited budget report from Central Area Rural Transit (CARTS).
ITEMS NOT COMPLETED FROM PRIOR AGENDA - None
PUBLIC HEARINGS ON ORDINANCES
(7:56:12)
Ordinance 2005-24: Enacting KPB 16.16.090 Requiring Voter Approval for Certain Major Capital Improvement Projects in the North Peninsula Recreation Service Area (Mayor) (Referred to Policies and Procedures Committee)
MOTION: Chay moved to enact Ordinance 2005-24.
Assembly Member Chay stated the ordinance was introduced to ensure that the $500,000 limitation placed on the North Peninsula Recreation Service Area capital improvement projects, would remain intact, regardless whether the courts ruled on the legal validity of using the initiative process for this purpose.
President Superman called for public comment.
The following people spoke in opposition to Ordinance 2005-24.
James Price, 49185 Island Lake Road, Nikiski, AK
Vicki Pate, PO Box 7447, Nikiski, AK
There being no one else who wished to speak, President Superman closed the public comment period.
MOTION TO AMEND: Chay moved to amend Ordinance 2005-24 as follows:
Final Whereas to read, "the borough intends to comply with the terms of the proposition approved by the voters [WHILE ATTEMPTING TO OBTAIN] regardless of whether a ruling is issued by [FROM] the courts as to the legal validity of using the initiative process for this purpose;"
MOTION TO AMEND PASSED: Without objection.
MOTION TO TABLE: Sprague moved to table Ordinance 2005-24.
VOTE ON MOTION TO TABLE:
Yes: Chay, Martin, Sprague
No: Glick, Long, Merkes, Moss, Superman
Absent: Fischer
MOTION TO TABLE FAILED: 3 Yes, 5 No, 1 Absent
Assembly Member Merkes asked for clarification on the purpose of the ordinance. Borough Attorney Thompson stated the wording of the ordinance was the same as the initiative ordinance enacted by the voters at the October 2004 election, and Ordinance 2005-24 would only go into effect if the court ruled the initiative process was not valid for the process it was used. She further stated the legal review given to a law enacted by initiative after the vote was much more deeply scrutinized than it could be prior to the election.
President Superman passed the gavel to Vice President Long. President Superman spoke in support of Ordinance 2005-24. Vice President Long returned the gavel.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: Fischer
MOTION TO ENACT AS AMENDED PASSED: 8 Yes, 0 No, 1 Absent
(8:24:46)
Ordinance 2004-19-54: Correcting Ordinance 2004-19-30, Which Accepted and Appropriated a Grant from the State Department of Health and Social Services in the Amount of $927,151 for the South Peninsula Hospital Expansion Project (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2004-19-54.
Assembly Member Moss stated the intent of the ordinance was to replace the original ordinance accepting and appropriating the grant and reduce the amount of the grant and the borough's required match.
President Superman called for public comment with none being offered.
MOTION TO AMEND: Moss moved to amend Ordinance 2004-19-54 as follows:
Delete the Final Whereas, [WHEREAS, AT ITS MEETING OF _____, THE SOUTH PENINSULA HOSPITAL SERVICE AREA BOARD RECOMMENDED ________;]
MOTION TO AMEND PASSED: Without objection.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: Fischer
MOTION TO ENACT AS AMENDED PASSED: 8 Yes, 0 No, 1 Absent
(8:29:07)
Ordinance 2004-19-55: Appropriating $322,551 from the General Fund to Provide Supplemental Funding from Local Sources for School Purposes During Fiscal Year 2004-2005 (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2004-19-55.
Assembly Member Moss stated the ordinance would appropriate additional funds allowed for school purposes due to an increase in state revenues received by the school district because of an increase in the actual student enrollment.
President Superman called for public comment with none being offered.
VOTE ON MOTION TO ENACT:
Yes: Chay, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: Fischer
MOTION TO ENACT PASSED: 8 Yes, 0 No, 1 Absent
(8:31:10)
Ordinance 2004-19-56: Accepting and Appropriating a Grant from the Alaska Division of Homeland Security and Emergency Management in the Amount of $50,000 for Security Equipment (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2004-19-56.
Assembly Member Moss stated the ordinance would allow for the acceptance of a grant from the Alaska Division of Homeland Security for security equipment and he stated no fiscal match would be required of the borough.
President Superman called for public comment with none being offered.
VOTE ON MOTION TO ENACT:
Yes: Chay, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: Fischer
MOTION TO ENACT PASSED: 8 Yes, 0 No, 1 Absent
(8:32:36)
Ordinance 2004-19-57: Appropriating an Additional $18,534 Toward the Road Service Area Community College Drive Capital Improvement Project to Cover Utility Work on the Project (Mayor) (Shortened Hearing on 06/21/05) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2004-19-57.
Assembly Member Moss said the ordinance would appropriate additional funding to allow for unexpected expenses needed to move existing utility lines.
President Superman called for public comment with none being offered.
MOTION TO AMEND: Moss moved to amend Ordinance 2004-19-57 as follows:
5th Whereas to read, " at its meeting of June 14, 2005, the road service area board recommended enactment;"
MOTION TO AMENDED PASSED: Without objection.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: Fischer
MOTION TO ENACT AS AMENDED PASSED: 8 Yes, 0 No, 1 Absent
(8:46:33)
MOTION: Moss moved to suspend the rules and address Ordinance 2005-25 as the next item of business.
MOTION PASSED: Without objection.
(8:52:48)
Ordinance 2005-25: Certifying 6,500 Feet of Moose Range Drive in the Central Region and 4,440 Feet of Fairway Avenue in the West Region of the Road Service Area for Road Maintenance (Mayor) (Referred to Lands Committee)
MOTION: Merkes moved to enact Ordinance 2005-25.
Assembly Member Merkes stated the ordinance would certify Moose Range Drive and Fairway Avenue into the road service area and allow for maintenance.
President Superman called for public comment.
The following people spoke in favor of Ordinance 2005-25.
Mike Bookout, 38360 Howarth Street, Sterling, AK
Jim Jeeter, PO Box 1094, Kasilof, AK
There being no one else who wished to speak, President Superman closed the public comment period.
MOTION TO AMEND: Merkes moved to amend Ordinance 2005-25 as follows:
Final Whereas to read, "at its meeting of June 14, 2005, the road service area board recommended enactment by unanimous consent."
MOTION TO AMEND PASSED. Without objection.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: Fischer
MOTION TO ENACT AS AMENDED PASSED: 8 Yes, 0 No, 1 Absent
(8:57:08)
Ordinance 2005-11: Establishing Time, Place, and Manner Restrictions on Sexually Oriented Businesses in the Rural District of the Kenai Peninsula Borough (Martin) (Referred to Lands Committee)
[Clerk's Note: There was a motion to enact on the floor from the April 19, 2005 meeting.]
Assembly Member Merkes stated the Lands Committee discussed the ordinance and stated amendments would be coming forward for Assembly consideration.
President Superman called for public comment with none being offered.
MOTION TO AMEND: Martin moved to amend Ordinance 2005-11 as follows:
29th Whereas to read, "based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the assembly, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 427 U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Erie v. Pap's A.M., tdba "Kandyland", 529 U.S. 277 (2000), and City of Los Angeles v. Alameda Books, Inc. [121 S. Ct. 1223 (2001)] 122 S. Ct. 1728 (2002) and on studies in other communities including, but not limited to, Garden Grove, California; Adams County, Colorado; Denver, Colorado; St. Marys, Georgia; Rome, Georgia; Kansas City, Missouri; Cattaraugas County, New York; Cleburne, Texas; Dallas, Texas; Newport News, Virginia; and St. Croix County, Wisconsin; and National Law Center for Children and Families Summaries of SOB Land Use Studies of Phoenix, Arizona; Tucson, Arizona; Los Angeles, California; Whittier, California; Manatee County, Florida; Indianapolis, Indiana; Minneapolis, Minnesota; Saint Paul, Minnesota; Las Vegas, Nevada; Ellicottville, New York; Islip, New York; New York, New York; Times Square, New York; New Hanover County, North Carolina; Cleveland, Ohio; Oklahoma City, Oklahoma; Hamilton County, Tennessee; Amarillo, Texas; Austin, Texas; Beaumont, Texas; El Paso, Texas; Houston, Texas; Bellevue, Washington; Des Moines, Washington; Seattle, Washington; and also on findings from the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota), the assembly finds that an ordinance restricting the time, place, and manner of SOBs is justified and necessary; and"
Section 1. to read, "[29.29.010] 21.29.005. Purpose"
Section 1. 21.29.020(D)(11) to read, "A current certificate and straight-line drawing prepared within thirty (30) days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing SOBs within 500 feet of the property to be certified; the property lines of any established religious institution/synagogue, school, public park, [BIKE PATH,] state licensed day care, or recreation area within [500] 1,000 feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted."
Section 1. 21.29.030 (B)(3) to read, "The applicant has been convicted of a "specified criminal activity" as defined in KPB 21.25.030 within ten years prior to the date of application;"
Section 1. 21.29.090(G) to read, "Any SOB lawfully operating on [May 3, 2005] June 21, 2005, that is in violation of subsection A through F of this Section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. After one year, the SOB may remain at the same location prior to enactment of this ordinance but must comply with all other provisions of the ordinance. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. [IF TWO OR MORE SOBS ARE WITHIN 500 FEET OF ONE ANOTHER AND OTHERWISE IN A PERMISSIBLE LOCATION, THE SOB WHICH WAS FIRST ESTABLISHED AND CONTINUALLY OPERATING AT A PARTICULAR LOCATION IS THE CONFORMING USE, AND THE LATER ESTABLISHED BUSINESS(ES) IS/ARE NONCONFORMING]."
Section 1. 21.29.090(H) to read, "A SOB lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the SOB permit, of a use listed in subsection A or B of this Section within [500] 1,000 feet of the SOB. This provision applies only to the renewal of a valid permit, and does not apply when an application for a permit is submitted after a permit has expired or been revoked."
Section 2. 21.25.030 Specified criminal activity (b) to read, "The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant [OR A PERSON RESIDING WITH THE APPLICANT]."
MOTION TO AMEND PASSED: Without objection.
Assistant Borough Attorney Holly Montague provided background information regarding the establishment of the ordinance and referenced other municipalities with similar code provisions.
MOTION TO AMEND: Sprague moved to amend Ordinance 2005-11 as follows:
Delete the 11th Whereas clause in its entirety: [WHEREAS, THE BOROUGH ASSEMBLY FINDS THAT SOBS ARE FREQUENTLY USED FOR UNLAWFUL SEXUAL ACTIVITIES, INCLUDING PROSTITUTION; AND]
President Superman passed the gavel to Vice President Long.
MOTION TO AMEND: (Secondary) Superman moved to retain the 11th Whereas to read, "[THE BOROUGH ASSEMBLY FINDS THAT] SOBs are frequently used for unlawful sexual activities, including prostitution; and"
SECONDARY AMENDMENT PASSED: Without objection.
Vice President Long returned the gavel.
MAIN MOTION AS AMENDED PASSED: Without objection.
MOTION TO AMEND: Sprague moved to amend Ordinance 2005-11 as follows:
Amend the 16th Whereas to read, "[THE ASSEMBLY HAS DETERMINED THAT] locational criteria will assist in the protection of the health, safety, and general welfare of the people of the borough; and"
MOTION TO AMEND PASSED: Without objection.
MOTION TO AMEND: Sprague moved to amend Ordinance 2005-11 as follows:
Delete the 45th Whereas clause in its entirety:
[WHEREAS, THE GREATEST CLIENTELE HISTORICALLY OF SOBS IS YOUNG, MOBILE, SINGLE MALES AND STATISTICALLY THIS SOCIAL CATEGORY HAS INTERESTS IN CONFLICT WITH SOCIAL GROUPS CONSISTING OF FAMILIES AND THE ELDERLY; AND]
MOTION TO AMEND PASSED: Without objection.
MOTION TO AMEND: Sprague moved to amend Ordinance 2005-11 as follows:
Section 2. to read, "That KPB [21.25.030] 21.29.200 is enacted [AMENDED]: [21.25.030] 21.29.200 Definitions. Unless the context requires otherwise, the following definitions apply to CLUPs issued pursuant to Chapter 21.29:
Adult is someone who has attained the age of 18 years.
Adult arcade means any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."
Adult bookstore, adult novelty store, or adult video store means a commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:
a. books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
b. instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas.
Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
a. persons who appear in a state of nudity or semi-nudity; or
b. live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
c. films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
Adult motel means a hotel, motel or similar commercial establishment which:
a. offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; or
b. offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
c. allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.
Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
Employee means a person who performs any service on the premises of a sexually oriented business ("SOB") on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business.
Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
Establishment means and includes any of the following:
a. the opening or commencement of any SOB as a new business;
b. the conversion of an existing business, whether or not a SOB, to any SOB;
c. the additions of any SOB to any other existing SOB; or
d. the relocation of any SOB.
Nude model studio means any place where a person who appears semi-nude, in a state of nudity, or who displays "specified anatomical areas" and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietary school licensed by the State of Alaska or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:
a. that has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and
b. where in order to participate in a class a student must enroll at least three days in advance of the class; and
c. where no more than one nude or semi-nude model is on the premises at any one time.
Nudity or a state of nudity means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
Principal business purpose with regard to adult bookstore, adult novelty store, or adult video store means any one of the following:
1. Forty percent or more of the gross floor space is devoted to use as an adult bookstore, adult novelty store, or adult video store.
2. Forty percent or more of the inventory consists of adult bookstore, adult novelty store, or adult video store use.
3. It advertises or holds itself out in any forum as "XXX," "adult," "sex" or otherwise as a sexually oriented business and has inventory found in adult bookstores, adult novelty stores, or adult video stores.
Semi-nude or in a semi-nude condition means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.
Sexually oriented business ("SOB") means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, or nude model studio.
Specified anatomical areas means:
a. the human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
b. less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
Specified criminal activity means any of the following offenses:
a. prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries;
b. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
Specified sexual activities means any of the following:
a. the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
b. sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
c. excretory functions as part of or in connection with any of the activities set forth in (a) through (b) above.
Substantial enlargement of a SOB means the increase in floor areas occupied by the business by more than twenty-five percent (25%), as the floor areas exist on the date this ordinance takes effect.
Transfer of ownership or control of a SOB means and includes any of the following:
a. the sale, lease, or sublease of the business;
b. the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
c. the establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
MOTION TO AMEND PASSED: Without objection.
MOTION TO AMEND: Martin moved to amend Ordinance 2005-11 by adding a new Section 3 and renumber existing Section 3 to 4.
New Section 3 to read, "That KPB 21.25.040 is hereby amended as follows: 21.29.040(4) Sexually Oriented Businesses (SOB) pursuant to KPB 21.29."
MOTION TO AMEND PASSED: Without objection.
Assembly Members Moss and Martin spoke in support of Ordinance 2005-11.
Assembly Members Long, Glick, Merkes and Chay spoke in opposition to Ordinance 2005-11.
VOTE ON MOTION AS AMENDED:
Yes: Martin, Moss, Sprague
No: Chay, Glick, Long, Merkes, Superman
Absent: Fischer
MOTION TO ENACT AS AMENDED FAILED: 3 Yes, 5 No, 1 Absent
(9:59:14)
Ordinance 2005-19-03: Accepting and Appropriating a Grant from the Alaska Housing Finance Corporation in the Amount of $235,000 for Teacher Housing in Tyonek (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2005-19-03.
Assembly Member Moss stated the grant combined with borough funds appropriated in FY2004 would be used to construct a duplex for teacher housing in Tyonek.
President Superman called for public comment with none being offered.
President Superman passed the gavel to Vice President Long. President Superman spoke in favor of Ordinance 2005-19-03. Vice President Long returned the gavel.
VOTE ON MOTION TO ENACT:
Yes: Chay, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: Fischer
MOTION TO ENACT PASSED: 8 Yes, 0 No, 1 Absent
(10:15:54)
Ordinance 2005-20: Repealing KPB 2.56.005 and Enacting KPB 2.56.006, Adopting the 2005 Kenai Peninsula Borough Comprehensive Plan (Mayor) (Referred to Lands Committee)
[Clerk's Note: There was a motion to enact on the floor from the May 3, 2005 meeting.]
Assembly Member Merkes stated the committee discussed the ordinance and amendments would be brought forward for consideration. She stated the draft plan did include earlier amendments.
President Superman called for public comment with none being offered.
MOTION TO AMEND: Long moved to amend the 2005 KPB Comprehensive Plan as follows:
Page 5-28, Goal 5.8 add additional language to read, "To encourage expansion of ferry service, while maintaining historic and current ferry service, particularly to coastal communities within the Borough not otherwise linked to the road system."
MOTION TO AMEND PASSED: Without objection.
MOTION TO AMEND: Long moved to amend the 2005 KPB Comprehensive Plan as follows:
Page 4-11, Goal 4.2, Objective 1, add new action D to read, "Supporting University of Alaska, Fairbanks efforts to modernize the Seward Marine Center campus and to replace the aging research vessel, Alpha Helix with the larger, federally funded Arctic Region Research Vessel."
MOTION TO AMEND PASSED: Without objection.
MOTION TO AMEND: Long moved to amend the 2005 KPB Comprehensive Plan as follows:
Page 4-38, Goal 4.5, Objective 1, add new action C to read, " Supporting comprehensive health care services in the Eastern Kenai Peninsula."
President Superman passed the gavel to President Pro Tem Moss as Vice President Long was the sponsor of the amendment. President Superman spoke in opposition to the amendment. President Pro Tem Moss returned the gavel.
MOTION TO AMEND PASSED: Without objection.
MOTION TO AMEND: Long moved to amend the 2005 KPB Comprehensive Plan as follows:
Page 7-46, Goal 7.7 and Goal 7.7, Objective 1 to read, "To identify impacts to critical habitat and populations of threatened, endangered, or sensitive fish, plant, and wildlife species within the Kenai Peninsula Borough.
Objective 1. To minimize adverse impacts to critical habitat and populations of sensitive, threatened and endangered fish, plant, and wildlife species.
MOTION TO AMEND PASSED: Without objection.
MOTION TO AMEND: Long moved to amend the 2005 KPB Comprehensive Plan as follows:
Page 7-46, Goal 7.7, Objective 1, add a new action D to read, "Consult with government agencies on rare plant, plant species of concern, invasive plant species and encourage public education and awareness."
MOTION TO AMEND PASSED: Without objection.
(10:34:00)
MOTION TO AMEND: Merkes moved to amend the 2005 KPB Comprehensive Plan as follows:
Page 6-27 Erosion to read, "This erosion is a particular problem along the developed coastal bluffs from Nikiski to Homer and in specific areas in Kenai, Beluga, Tyonek, Nanwalek and Port Graham. Limited data is available on the rates of coastal erosion, but residents in some areas have reported losing as much as five feet per year in the past. The City of Kenai has begun work on the Kenai Coastal Trail and Erosion Protection project that will stop the erosion process along the Kenai River in the downtown area.
Erosion of coastal beaches represents a problem in some coastal communities, such as Kenai and Seward."
Assembly Member Chay spoke in opposition to the amendment.
Assembly Members Merkes and Glick spoke in support of the amendment.
MOTION TO AMEND: (Secondary) Chay moved to amend the Merkes amendment to read, "This erosion is a particular problem along the developed coastal bluffs from Nikiski to Homer and in specific areas in Kenai, Beluga, Tyonek, Nanwalek and Port Graham. Limited data is available on the rates of coastal erosion, but residents in some areas have reported losing as much as five feet per year in the past. The City of Kenai has begun work on the Kenai Coastal Trail and Erosion Protection project that [WILL] is intended to stop the erosion process along the Kenai River in the downtown area."
SECONDARY AMENDMENT PASSED: Without objection.
MAIN MOTION AS AMENDED PASSED: Without objection.
MOTION TO AMEND: Merkes moved to amend the 2005 KPB Comprehensive Plan as follows:
Page 6-38, 6.7 Objective 1.(E) to read, "Continue to discourage location of subdivision roads through wetlands, floodways and floodplains, steep slopes, waterways or other open water areas."
MOTION TO AMEND PASSED: Without objection.
MOTION TO AMEND: Sprague moved to amend the 2005 KPB Comprehensive Plan as follows:
Page 4-13 State of Alaska Police Services and Prison Facilities, second to last sentence in section to read, "A youth detention center was constructed in Kenai in [2004-2005] 2003."
MOTION TO AMEND PASSED: Without objection.
MOTION TO AMEND: Sprague moved to amend the 2005 KPB Comprehensive Plan as follows:
Page 1-18 City Governments, delete the last sentence in the section, [AFTER ADOPTION BY ORDINANCE, THEY ARE CONSIDERED AS INCORPORATED ELEMENTS OF THE BOROUGH'S COMPREHENSIVE PLAN.]
MOTION TO AMEND PASSED: Without objection.
MOTION TO AMEND: Martin moved to amend the 2005 KPB Comprehensive Plan as follows:
Page 5-16 Goal 5.6 to read, "To evaluate [SUPPORT AND PROMOTE] the continuation of and expansion of cost-effective transit service within the Borough."
MOTION TO AMEND PASSED: Without objection.
MOTION TO AMEND: Martin moved to amend the 2005 KPB Comprehensive Plan as follows:
Page 5-16 Goal 5.6 Objective 2. to read, "Determine public support for transportation powers within the borough [SUPPORT THE EXPANSION OF SHARED PUBLIC AND PRIVATE NONPROFIT TRANSPORTATION IN THE BOROUGH]."
MOTION TO AMEND PASSED: Without objection.
MOTION TO AMEND: Martin moved to amend the 2005 KPB Comprehensive Plan as follows:
Page 5-16 Goal 5.6 Objective 1. to read, "Assess the need for expanded transit service throughout the Borough [IN THE HOMER AND SEWARD AREAS]."
MOTION TO AMEND PASSED: Without objection.
MOTION TO AMEND: Merkes moved to amend the 2005 KPB Comprehensive Plan as follows:
Page 7-20 Goal 7.1, Objective 2.(D) to read, "Support [CODIFY] the Coastal Zone Management Program to ensure its continuation."
MOTION TO AMEND PASSED: Unanimous.
MOTION TO AMEND: Merkes moved to amend the 2005 KPB Comprehensive Plan as follows:
Page 7-21 Goal 7.2, Objective 1.(E) to read, "[INCREASE] Support [FOR] nonprofit groups and others that monitor water quality in the Borough."
MOTION TO AMEND PASSED: Without objection.
MOTION TO AMEND: Merkes moved to amend the 2005 KPB Comprehensive Plan as follows:
Page 7-22 Goal 7.2, Objective 1.(E) to read, "Consider expanding riparian area buffer zone [FROM 50 TO 100 FEET] for anadromous fish-bearing streams."
MOTION TO AMEND PASSED: Without objection.
MOTION TO AMEND: Merkes moved to amend the 2005 KPB Comprehensive Plan as follows:
Page 7-35 Goal 7.5, Objective 1.(B) to read, "[ESTABLISH] Consider standards for maximum allowable noise and vibration in noise sensitive areas."
VOTE ON MOTION TO AMEND:
Yes: Chay, Long, Martin, Merkes, Moss, Sprague
No: Glick, Superman
Absent: Fischer
MOTION TO AMEND PASSED: 6 Yes, 2 No, 1 Absent
MOTION TO AMEND: Glick moved to amend the 2005 KPB
Comprehensive Plan, Page 4-66 Table 4-7 as
follows:
MOTION TO AMEND PASSED: Without objection. MOTION TO AMEND: Glick moved to amend the 2005 KPB
Comprehensive Plan as follows: Page 6-14 Municipal Land Use Regulations 4th
sentence in section to read, "The cities of Kenai,
Soldotna, Homer, Seldovia, and Seward have
assumed the authority to administer city zoning
regulations, [AND] while Kenai, Soldotna,
Homer and Seward can amend the land use
elements of their comprehensive plans." MOTION TO AMEND PASSED: Without objection. MOTION TO AMEND: Moss moved to amend the 2005 KPB
Comprehensive Plan as follows: Page 5-28 Goal 5.8 Objective 3 to read, "The
Borough will be an active [AND SUPPORTIVE]
partner in the development [AND
OPERATION] of ferry service between
Anchorage, the Mat-Su Borough and the KPB." MOTION TO AMEND PASSED: Without objection. MOTION TO AMEND: Merkes moved to amend the 2005 KPB
Comprehensive Plan as recommended by the
Legal Department as follows: Introduction Page 1, column 1: Revise last sentence to read,
"Pursuant to state law, the Comprehensive Plan
[MUST] includes�" Page 3, sidebar: Change the words "policy" and
"policies" to "objective" and "objectives", for
consistency. Page 5, column 1: Move the paragraph under
"Transportation" the following section entitled
"Other Powers and Duties" and give the
paragraph the heading "Road Services" rather
than "Transportation". Page 5, column 1: Add new text to
"Transportation" heading to read: "In January
2000 the Central Kenai Peninsula Public Transportation Task Force formed Central Area
Rural Transit System, Inc. ("CARTS"), a
nonprofit corporation and completed significant
research and planning efforts towards developing
public transportation systems in the central Kenai
Peninsula area. In 2000 the Assembly adopted
ordinance 2000-19-06 authorizing he Kenai
Peninsula Borough to provide areawide funding
for public transportation systems within the
Borough. The Borough has provided annual
funding to CARTS for planning, development and
the implementation of a public transportation
system. Page 5, column 1: Move the section entitled
Economic Development to the following "Other
Powers and Authorities" section, as it is a non-areawide power. Chapter 1, Local Government Page 1-4, Sidebar: Revise last sentence to read:
"advise and make decisions." Page 1-4, Organizational Chart: Make dashed
lines from the Assembly box to the Legal
Department box, and from the Legal Department
box to Planning Commission, Service Area
Boards and School Board box. Page 1-7, column 2: Revise last paragraph to
indicate that the Coastal Zone Management
program is not housed at the Kenai River Center. Page 1-10, Borough Service Areas: Change the
first bullet to read: One service area comprising
the majority of the borough outside cities for road
maintenance, improvement, and construction. Page 1-10, column 1: Revise the second
sentence of the second paragraph to read:
"These boards primarily serve in an advisory
role..." Page 1-10, column 2: Delete "[OTHER THAN
STATE FUNDED ROAD MAINTENANCE
SERVICE AREAS]" from the last sentence of
the first paragraph. Page 1-17, column 2: Change "throughout the
Borough" in the last sentence of the Nikiski
Senior Service Area bullet to read "such as
Tyonek". Page 1-18, column 1: Revise from middle of the
second to the beginning of the third paragraph as
follows: "While the Borough still maintains
ultimate planning powers, the authority [TO
ENACT AND ENFORCE ZONING AND
LAND USE REGULATIONS AND ]to adopt
revisions to city land use plans [HAVE] has been
assumed from the Borough by the cities of Kenai,
Soldotna, Homer and Seward. The Borough has
retained platting authority within all of the cities.
Kachemak City does not have a planning
commission or city comprehensive plan. The Borough has delegated the authority enact
and enforce zoning and land use regulations
(zoning powers) to the [INCORPORATED]
cities of Homer, Kenai, Seldovia, Seward and
Soldotna for land within their boundaries." Chapter 4, Public Services and Facilities Page 4-9, column 1, Bus Routes: Revise to read:
"School District policy is to provide school
busses on state and borough-maintained roads
only. There are a number of unserved
subdivisions on borough-maintained roads where
there may be sufficient school children to merit a
bus route, however, road maintenance,
turnaround space, and expense are issues." Page 4-19, column 2: Lowell Point Emergency
Service Area information to be added: "Serves
the Lowell Point area on the eastern Kenai
Peninsula just south of the City of Seward." Area: 2.34 Square Miles Population Served: 94 Staffing: 1 volunteer Chief Responses per Year: As yet unknown Budget: $13,000 Station Location(s): Lowell Point ISO Rating: Not currently rated Chapter 5, Transportation Page 5-3, column 2, Bridges: Revise to list the
correct number of borough-owned bridges.
Clarify if there are any bridges maintained but not
owned by the Borough. Chapter 6, Land Management and Use Page 6-9, Regulatory Framework: Add CAFOS
to the list of land use regulations and delete the
phrase[ "(NOT TO BE CONFUSED WITH
PRISONS)"] after "Correctional community
residential centers". Page 6-9, Subdivision Regulations: Delete "[OF
A PARCEL OF LAND INTO TWO OR
MORE PARCELS]" from the first sentence. Page 6-10, Noxious, Injurious and Hazardous
Use Ordinance: Revise last sentence in first
column as follows: "Since that time, the Borough
has enacted several other ordinances to regulate
specific types of uses, including [MOBILE
HOME PARKS,] gravel pits, residential
correctional institutions, concentrated animal
feeding operations, as well as ordinances to
protect fish-bearing streams. 6-12, first column: Add to text after bullets: "Use
permits may be required depending on the
proposed use and the type of local option zoning
district." Page 6-14, Material Site Permits: Move text
from last bullet in the first column to the end of
the final paragraph for that section and revise to
read: "Expansion of these sites may be limited
depending on the date of development." Page 6-15, Table 6-2. The "?" should be
removed from the table, and it should be
determined with certainty whether Kachemak
City has relevant plans/codes. Page 6-16 Land Management and Use, Borough
Land, first column: Move the second sentence of
the second paragraph to page 1-20 as a final
sentence following the bullets in the first column. Page 6-32, Borough Land Management and
Classification: Revise the last sentence of the
page to read: "Efforts to eliminate or modify it
should consider how [PREVIOUS EFFORTS]
land characteristics and analysis can be
incorporated in future land management
[EFFORTS] decisions." Page 6-33, Noxious, Injurious and Hazardous
Use Ordinance: Add CAFOS to list of regulated
land uses and change "manufactured home" to
"mobile home". 6-38, action D: Change "manufactured home"
to "mobile home". MOTION TO AMEND PASSED: Without objection. MOTION TO AMEND: Chay moved to amend the 2005 KPB
Comprehensive Plan as follows: Page 1-28 Goal 1.1 to read, "To increase
community [INPUT] involvement in government
decisions affecting communities within the
Borough." Page 1-28 Goal 1.1 Odjective 1.new item G to
read, "G. Identify procedures to improve
information sharing and problem solving
regarding potentially contentious issues." MOTION TO AMEND PASSED: Without objection. MOTION TO AMEND: Chay moved to amend the 2005 KPB
Comprehensive Plan as follows: Page 3-31 add new Objective 6. to read,
"Objective 6. To strategically position the
Borough to respond to rapid global changes that
could have significant local impacts.
Implementation Actions. A. Monitor global
and continental developments associated with
global peak oil production and North American
peak natural gas production, periodically assess
goals and objectives in light of global economic
developments." MOTION: Merkes moved to extend the legislative deadline
by one half hour to Midnight. MOTION PASSED: Without objection. VOTE ON MOTION TO AMEND: Yes: Chay, Long, Martin, Moss, Sprague No: Glick, Merkes, Superman Absent: Fischer MOTION TO AMEND PASSED: 5 Yes, 3 No, 1 Absent MOTION TO AMEND: Chay moved to amend the 2005 KPB
Comprehensive Plan as follows: Page 5-6 Goal 5.1 Objective 2. Implementation
Actions, add new item D. to read, "D. Develop
a plan to repair flood damaged streets, culverts
and bridges to a level that they can accommodate
100 year flood events." MOTION TO AMEND: (Secondary) Sprague moved to amend the Chay amendment
as follows: Page 5-6 Goal 5.1 Objective 2. Implementation
Actions, add new item D. to read, "D. Develop
a plan to repair flood damaged streets, culverts
and bridges to a level that they can accommodate
[100 YEAR]1% flood events." SECONDARY AMENDMENT PASSED: Without objection. MAIN MOTION AS AMENDED PASSED: Without objection. MOTION TO AMEND: Chay moved to amend the 2005 KPB
Comprehensive Plan as follows: Page 6-39 Objective 2.(A) Facilitate the process
of obtaining a general permit from the U.S. Army
Corps of Engineers. [AND INCREASE
LOCAL PARTICIPATION N THE PROCESS
OF] Encourage meaningful involvement in the
permitting processes particularly with regard to
development proposals in floodplain and
wetlands [DEVELOPMENT]." Assembly Member Martin spoke in opposition to the amendment. VOTE ON MOTION TO AMEND: Yes: Chay, Glick, Long, Martin, Merkes, Moss,
Sprague No: Superman Absent: Fischer MOTION TO AMEND PASSED: 7 Yes, 1 No, 1 Absent MOTION TO AMEND: Glick moved to authorize the Planning
Department to add to the 2005 KPB
Comprehensive Plan the technical amendments
suggested by the City of Kenai regarding the
Kenai Airport. MOTION TO AMEND PASSED: Without objection. VOTE ON MOTION TO ENACT AS AMENDED: Yes: Chay, Glick, Long, Martin, Merkes, Moss,
Sprague, Superman No: None Absent: Fischer MOTION TO ENACT AS AMENDED PASSED: 8 Yes, 0 No, 1 Absent (11:45:00) Ordinance 2005-23: Authorizing the Long-Term Lease of Beach Access Tract,
Moose Point Subdivision to ConocoPhillips Company at Fair Market Value
(Mayor) (Referred to Lands Committee) MOTION: Merkes moved to enact Ordinance 2005-23. Assembly Member Merkes stated the ordinance authorized the lease of a six acre tract of land to
ConocoPhillips Company for $1,300 a year. President Superman called for public comment with none being offered. MOTION TO AMEND: Martin moved to amend Ordinance 2005-23 as
follows: Section 3 to read, "Based on the foregoing, the
mayor is hereby authorized, pursuant to KPB
17.10.100(I), to enter a lease in substantially the
form as the one attached for approval of the land
described in Section 1 above to ConocoPhillips
Company. The annual rental for the first five
years shall be $1,300.00 (one thousand three
hundred dollars). Rental shall be adjusted every
five years by appraisal of fair market rent. The
lease term shall be twenty years, subject to the
terms and conditions of this ordinance and
applicable provisions of KPB Chapter 17.10. At
the sole discretion of KPB and Lessee's sole
expense, all or a portion of the leased property
shall be sampled and analyzed in accordance with
ADC regulations at the time of removal of
improvements." MOTION TO AMEND: (Secondary) Sprague moved to amend Ordinance 2005-23 as
follows: Section 3 to read, "Based on the foregoing, the
mayor is hereby authorized, pursuant to KPB
17.10.100(I), to enter a lease in substantially the
form as the one attached for approval of the land
described in Section 1 above to ConocoPhillips
Company. The annual rental for the first five
years shall be $1,300.00 (one thousand three
hundred dollars). Rental shall be adjusted every
five years by appraisal of fair market rent. The
lease term shall be twenty years, subject to the
terms and conditions of this ordinance and
applicable provisions of KPB Chapter 17.10. At
the sole discretion of KPB and at the Lessee's
sole expense, all or a portion of the leased
property shall be sampled and analyzed in
accordance with ADC regulations at the time of
removal of improvements." SECONDARY AMENDMENT PASSED: Without objection. MAIN MOTION AS AMENDED PASSED: Without objection. MOTION TO AMEND: Merkes moved to amend Ordinance 2005-23 as
follows: Final Whereas to read, "the KPB Planning
Commission at its regularly scheduled meeting on
May 23, 2005 recommended enactment by
unanimous consent;" VOTE ON MOTION TO ENACT AS AMENDED: Yes: Chay, Glick, Long, Martin, Merkes, Moss,
Sprague, Superman No: None Absent: Fischer MOTION TO ENACT AS AMENDED PASSED: 8 Yes, 0 No, 1 Absent (11:50:00) NEW BUSINESS Resolution 2005-056: Authorizing Award of a Contract for Construction Services
for Kenai Peninsula Borough Emergency Response Center Building Construction
(Mayor) (Referred to Finance Committee) Resolution 2005-056 (Mayor's) Substitute: Authorizing Award of a Contract for
Construction Services for Kenai Peninsula Borough Emergency Response Center
Building Construction (Mayor) (Referred to Finance Committee) MOTION: Moss moved to adopt Resolution 2005-056. President Superman called for public comment with none being offered. MOTION TO AMEND: Moss moved to adopt Resolution 2005-056
substitution. MOTION TO AMEND BY SUBSTITUTION PASSED: Without objection. VOTE ON MOTION TO ADOPT SUBSTITUTE: Yes: Chay, Glick, Long, Martin, Merkes, Moss,
Sprague, Superman No: None Absent: Fischer MOTION TO ADOPT SUBSTITUTE PASSED: 8 Yes, 0 No, 1 Absent (11:53:11) Resolution 2005-063: Approving Board Bylaws for the South Kenai Peninsula
Hospital Service Area Board (Mayor at the request of the South Kenai Peninsula
Hospital Service Area Board) (Referred to Policies and Procedures Committee) MOTION: Chay moved to adopt Resolution 2005-063. Assembly Member Chay stated the intent of the resolution was to establish an executive committee to make
interim decisions as allowed between service area board meetings. President Superman called for public comment with none being offered. MOTION TO POSTPONE: Moss moved to postpone Resolution 2005-063
until the July 12, 2005 meeting. VOTE ON MOTION TO POSTPONE: Yes: Chay, Glick, Long, Martin, Merkes, Moss,
Sprague, Superman No: None Absent: Fischer MOTION TO POSTPONE PASSED: 8 Yes, 0 No, 1 Absent (11:55:55) Resolution 2005-064: Authorizing Transfer of Funds from the Portable Classroom
Relocation Project to the Kenai Central High School Sections "C" and "D" Roof
Replacement Project (Mayor) (Referred to Finance Committee) MOTION: Moss moved to adopt Resolution 2005-064. Assembly Member Moss stated the resolution authorized a transfer of additional funds required to complete
the roofing project. President Superman called for public comment with none being offered. MOTION TO AMEND: Moss moved to amend Resolution 2005-064 as
follows: 8th Whereas to read, "there is no requirement to
move a portable classroom this fiscal year, and
the Portable Classroom Relocation account
400.78010.03851 has an available balance [IN
EXCESS OF $45,000] of $46,161.23; and"; 9th Whereas to read, " transferring [$25,000]
$46,161.23 to the KCHS roof replacement
account as project contingency would bring the
total appropriation for the KCHS roof project to
[$241,000] $262,161.23 in account
400.73020.05713;"; Section 1 to read, "The mayor is authorized to
transfer [$25,000] $46,161.23 from account
400.78010.03851 to account 400.73020.05713
fro a revised appropriation of [$241,000]
$262,161.23."] MOTION TO AMEND PASSED: Without objection. VOTE ON MOTION TO ADOPT AS AMENDED: Yes: Chay, Glick, Long, Martin, Merkes, Moss,
Sprague, Superman No: None Absent: Fischer MOTION TO ADOPT AS AMENDED PASSED: 8 Yes, 0 No, 1 Absent PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (11:57:10) ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS ADJOURNMENT (11:58:03) Having reached the legislative deadline, President Superman adjourned the meeting at 11:58 p.m. I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of June
21, 2005. Approved by Assembly:
Facility
Kenai Planned Acreage
25 Disc Golf Course
X
Sherry Biggs, Borough Clerk