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Kenai Peninsula Borough Assembly Meeting Minutes |
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August 16, 2005 - 7:00 p.m. Regular Meeting -Soldotna, Alaska |
CALL TO ORDER
A Regular Meeting of the Kenai Peninsula Borough Assembly was held on August 16, 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 Cameron Dockery with the Birch Ridge Community Church in Soldotna, Alaska.
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 (7:01:58)
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 (7:08:08)
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 item was 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.
President Superman called for public comment on consent items agenda with none being offered.
AGENDAS APPROVED AS AMENDED: Unanimous.
COMMENDING RESOLUTIONS AND PROCLAMATIONS - None.
(7:12:11)
PRESENTATIONS WITH PRIOR NOTICE
CPGH, Inc. Board President, Loretta Flanders, presented the Central Peninsula General Hospital, Inc. Quarterly Report.
PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (7:39:45)
President Superman opened the public comment period with none being offered.
REPORTS OF COMMISSIONS AND COUNCILS - None.
MAYOR'S REPORT (7:40:16)
Agreement and ContractsApproval of contract with All American Electric, Inc. for intercom replacement at Soldotna High School
Approval of contract with Alice Dalton for Advanced Medical Life Support Course for Central Emergency Services
Approval of Professional Services Agreement between Kenai Peninsula Borough on behalf of the Central Kenai Peninsula Hospital Service Area Board and Jackie F. Hewett for secretarial services
Other
Reports from Borough Grant Recipients
ITEMS NOT COMPLETED FROM PRIOR AGENDA - None.
PUBLIC HEARINGS ON ORDINANCES
(7:40:41)
Ordinance 2005-13: Amending KPB 21.26.030 (A)(3) to Clarify Conditions for Material Site Permits (Chay) (Second of Three Hearings) (Referred to Lands Committee)
[Clerk's Note: There was a motion to enact on the floor from the August 2, 2005 meeting.]
President Superman called for public comment.
The following people spoke in support of Ordinance 2005-13:
Helen Schwert, 72229 North Fork Road, Anchor Point, AK
Carroll Martin, PO Box 1776, Soldotna, AK
Patti Truesdell, PO Box 1452, Soldotna, AK
Terry Best, 35482 K-B Drive, Soldotna, AK
There being no one else who wished to speak, the public comment period was closed.
MOTION TO POSTPONE: Chay moved to postpone Ordinance 2005-13 until the next scheduled hearing date on September 20, 2005.
VOTE ON MOTION TO POSTPONE:
Yes: Chay, Fischer, Glick, Long, Martin, Moss, Sprague, Superman
No: None
Absent: None
Abstain: Merkes
MOTION TO POSTPONE PASSED: 8 Yes, 0 No, 0 Absent, 1 Abstention
(7:59:00)
Ordinance 2005-19-08: Accepting and Appropriating a Grant from the Denali Commission in the Amount of $96,179 for an Air Curtain Burner (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2005-19-08.
Assembly Member Moss stated an air curtain burner provided for the safe and efficient disposal of waste. The Solid Waste Department would transport the unit to various landfill sites.
President Superman opened the public comment period with none being offered.
VOTE ON MOTION TO ENACT:
Yes: Chay, Fischer, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: None
MOTION TO ENACT PASSED: 9 Yes, 0 No, 0 Absent
(8:00:15)
Ordinance 2005-19-09: Accepting and Appropriating Two Grants Totaling $14,190 from the Alaska Department of Natural Resources to Nikiski Fire Service Area for Firefighting Equipment (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2005-19-09.
President Superman opened the public comment period with none being offered.
MOTION TO AMEND: Moss moved to amend Ordinance 2005-19-09 as follows:
Section 2 to read, "That VFA grant funds in the amount of $6,450 are appropriated to the Nikiski Fire Service Area account 206.51110.6VFA1.48760[206.51110.00000.48760], minor firefighting equipment."
Section 3 to read, "That RFA grant funds in the amount of $7,740 are appropriated to the Nikiski Fire Service Area account 206.51110.6RFA1.48760[206.51110.00000.48760], minor firefighting equipment.
MOTION TO AMEND PASSED: Unanimous.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Fischer, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: None
MOTION TO ENACT AS AMENDED PASSED: 9 Yes, 0 No, 0 Absent
(8:01:36)
Ordinance 2005-19-10: Accepting and Appropriating a State Grant in the Amount of $650,000 for the 2006 Arctic Winter Games (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2005-19-10.
Assembly Member Moss stated the State Legislative Grant required no matching funds.
President Superman opened the public comment period with none being offered.
VOTE ON MOTION TO ENACT:
Yes: Chay, Fischer, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: None
MOTION TO ENACT PASSED: 9 Yes, 0 No, 0 Absent
(8:04:15)
Ordinance 2005-19-11: Accepting and Appropriating a State Grant in the Amount of $225,000 for a Natural Gas Pressure Reducing System in Ninilchik (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2005-19-11.
Assembly Member Moss said the State Legislative Grant which would allow for a gas line to be extended to the Ninilchik School, with no matching funds required.
President Superman opened the public comment period with none being offered.
MOTION TO AMEND: Moss moved to amend Ordinance 2005-19-11 as follows:
6th Whereas to read, "ENSTAR through Alaska Pipeline Company ("ENSTAR/APC"), both of which are wholly owned by Semco Energy, Inc., is prepared to install a natural gas pressure reducing system in the Ninilchik community during the 2005 construction season, which is expected to benefit Ninilchik School and up to 47 additional parcels in the area, including the Ninilchik Senior Center; and"
7th Whereas to read, "the borough's maximum contribution to this project will be $225,000, and ENSTAR/APC will be required to assume any costs over that amount; and"
13th Whereas to read, "because ENSTAR/APC is prepared and desires to complete this project during the 2005 construction season, a shortened public hearing date has been requested; and"
14th Whereas to read, "ENSTAR/APC is the only entity with the expertise to install a natural gas pressure reducing system; therefore, it is the most appropriate party to fulfill the purposes of the grant; and"
Final whereas to read, "at its meeting of August 1, 2005, the Kenai Peninsula Board of Education recommended enactment;"
Section 3 to read, "That the mayor is authorized to enter into a sole-source contract with ENSTAR/APC to install a natural gas pressure reducing system in Ninilchik, such contract not to exceed $225,000."
MOTION TO AMEND PASSED: Unanimous.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Fischer, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: None
MOTION TO ENACT AS AMENDED PASSED: 9 Yes, 0 No, 0 Absent
(8:20:50)
Ordinance 2005-19-12: Accepting and Appropriating a State Grant in the Amount of $71,000 for Road Access and Utilities to the Cooper Landing Senior Housing Site (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2005-19-12.
Assembly Member Moss stated the ordinance would allow for the acceptance of grant funds which would contribute to the continued development of the Cooper Landing Senior Housing project. He further stated no matching funds were required.
President Superman opened the public comment period with none being offered.
VOTE ON MOTION TO ENACT:
Yes: Chay, Fischer, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: None
MOTION TO ENACT PASSED: 9 Yes, 0 No, 0 Absent
(8:22:20)
Ordinance 2005-19-15: Appropriating Supplemental Funding of $63,602 to the Special Assessment Fund for West Brook Estates Road Improvement Special Assessment District (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2005-19-15.
Assembly Member Moss stated the ordinance was necessary to appropriate supplemental funds for the West Brook Estates RIAD project due to higher costs than anticipated.
President Superman opened the public comment period with none being offered.
MOTION TO AMEND: Moss moved to amend Ordinance 2005-19-15 as follows:
7th Whereas to read, "at its regular meeting of August 9, 2005, the Road Service Area Board recommended enactment; and"
MOTION TO AMEND PASSED: Unanimous.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Fischer, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: None
MOTION TO ENACT AS AMENDED PASSED: 9 Yes, 0 No, 0 Absent
(8:25:03)
Ordinance 2005-19-18: Appropriating Supplemental Funding in the Amount of $30,000 to Cover Costs Associated with Board of Equalization Hearings (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2005-19-18.
Assembly Member Moss said supplemental funding was need for Board of Equalization Hearings later in the year.
President Superman opened the public comment period with none being offered.
VOTE ON MOTION TO ENACT:
Yes: Chay, Fischer, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: None
MOTION TO ENACT PASSED: 9 Yes, 0 No, 0 Absent
(8:38:55)
MOTION: Merkes moved to suspend the rules and address Resolution 2005-078 as the next item of business.
[Clerk's Note: Glick moved to suspend the rules of business by revisiting Ordinance 2005-19-09 to make technical amendments. Motion to suspend the rules passed by unanimous consent and the technical amendments were made to Ordinance 2005-19-09 as so noted in these minutes at that point in the agenda.]
MOTION PASSED: Unanimous.
NEW BUSINESS
(8:43:55)
Resolution 2005-078: Classifying Certain Borough Land Pursuant to Kenai Peninsula Borough Code of Ordinances, Chapter 17.10.080 (Mayor) (Referred to Lands Committee)
MOTION: Merkes moved to adopt Resolution 2005-078.
Assembly Member Merkes stated both the Planning Commission and the Seward/Bear Creek Flood Service Area Board recommended adoption of the resolution with the deletion of the two Seward parcels.
President Superman opened the public comment period with none being offered.
MOTION TO AMEND: Long moved to amend Resolution 2005-078 as follows:
Section 1 Table to read, "[144-010-47 SEWARD, TRACT 1, EXIT GLACIER SUBDIVISION NO. 2, FILED AS PLAT NO. 2004-10, SEWARD RECORDING DISTRICT, 10.00 PRESERVATION & COMMERCIAL (AS SHOWN ON THE PROPOSED CLASSIFICATION MAP), 144-010-48, SEWARD, TRACT 2, EXIT GLACIER SUBDIVISION NO. 2, FILED AS PLAT NO. 200410, SEWARD RECORDING DISTRICT, 10.46, PRESERVATION & COMMERCIAL (AS SHOWN ON THE PROPOSED CLASSIFICATION MAP)]
Assembly Members Martin and Sprague spoke in support of the amendment.
MOTION TO AMEND PASSED: Unanimous.
MOTION TO AMEND: Merkes moved to amend Resolution 2005-078 as follows:
Final Whereas to read, "the Kenai Peninsula Borough Planning Commission held a public hearing on the proposed classifications August 8, 2005 and recommended adoption;"
MOTION TO AMEND PASSED: Unanimous.
VOTE ON MOTION TO ADOPT AS AMENDED:
Yes: Chay, Fischer, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: None
MOTION TO ADOPT AS AMENDED PASSED: 9 Yes, 0 No, 0 Absent
(9:02:28)
Ordinance 2005-31: Authorizing the Sale of Ten Parcels of Borough Land by Sealed Bid (Mayor) (Referred to Lands Committee)
MOTION: Merkes moved to enact Ordinance 2005-31.
President Superman opened the public comment period with none being offered.
MOTION TO AMEND: Merkes moved to amend Ordinance 2005-31 as follows:
Section 1 table Assessor Parcel 058-032-31 Classification to read, "Residential and Preservation"
MOTION TO AMEND PASSED: Unanimous.
MOTION TO AMEND: Merkes moved to amend Ordinance 2005-31 as follows:
Section 5 to read, "Parcels that do not sell at the [OUTCRY PUBLIC] sealed bid auction will be added to the on-going over-the-counter land sale authorized by Ordinance 2001-31, Section 5."
MOTION TO AMEND PASSED: Unanimous.
MOTION TO AMEND: Merkes moved to amend Ordinance 2005-31 as follows:
Final Whereas to read, "the Planning Commission at its regularly scheduled meeting of August 8, 2005 recommended enactment;"
MOTION TO AMEND PASSED: Unanimous.
MOTION TO AMEND: Merkes moved to amend Ordinance 2005-31 as follows:
Section 1 Table to read, "[144-010-47 SEWARD, TRACT 1, EXIT GLACIER SUBDIVISION NO. 2, FILED AS PLAT NO. 2004-10, SEWARD RECORDING DISTRICT, 10.00 PRESERVATION & COMMERCIAL (AS SHOWN ON THE PROPOSED CLASSIFICATION MAP), 144-010-48, SEWARD, TRACT 2, EXIT GLACIER SUBDIVISION NO. 2, FILED AS PLAT NO. 200410, SEWARD RECORDING DISTRICT, 10.46, PRESERVATION & COMMERCIAL (AS SHOWN ON THE PROPOSED CLASSIFICATION MAP)]
Section 1 Table, Minimum Bid column to read, "Parcel No. 131-070-54 $147,000,
119-071-30 $99,000,
119-071-12 $83,100,
119-071-13 $103,500,
119-071-19 $106,800,
039-010-55 $372,400,
058-032-31 $175,000,
169-132-13 $58,800"
Title to read, "An Ordinance Authorizing the Sale of Eight [TEN] Parcels of Borough Land By Sealed Bid"
MOTION TO AMEND PASSED: Unanimous.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Fischer, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: None
MOTION TO ENACT AS AMENDED PASSED: 9 Yes, 0 No, 0 Absent
(9:11:00)
Ordinance 2005-32: Amending KPB Chapter 5.12 to Provide Hearing Procedures for Board of Equalization Appeals (Superman at the request of the Borough Clerk) (Referred to Policies and Procedures Committee)
MOTION: Chay moved to enact Ordinance 2005-32.
President Superman opened the public comment period with none being offered.
MOTION TO AMEND: Sprague moved to amend Ordinance 2005-32 as follows:
Section 1 5.12.060(D)(5) to read, "5. Rebuttal and closing by the Assessor, 6. Sur-Rebuttal and closing by the Appellant [7 CLOSING ARGUMENT BY THE APPELLANT 8. CLOSING ARGUMENT BY THE ASSESSOR 9. FINAL CLOSING ARGUMENT BY THE APPELLANT]
I. The appellant or representative then presents the appellant's case when called by the presiding officer. At this time the appellant my call the assessor or appropriate appraiser or any other witnesses the appellant intends to present as a witness at this time. The scope of direct questioning is limited to the issues in dispute. Should the appellant wish, and prior to beginning the presentation, a portion of the 30 minutes allowed may be reserved for [A] rebuttal, sur-rebuttal, and closing arguments [OR FINAL CLOSING ARGUMENT PRESENTATION AT THE END OF THE ASSESSOR'S CASE]. At the conclusion of the appellant's presentation, board members may question the appellant or their [OTHER] witnesses [BOTH PARTIES SHALL BE GIVEN AN OPPORTUNITY OF EQUAL TIME TO RESPOND TO ALL QUESTIONS ASKED OF EITHER PARTY BY ANY BOARD MEMBER.]"
President Superman passed the gavel to Vice President Long and spoke in opposition to the amendment. Vice President Long returned the gavel.
Assembly Members Martin, Long and Sprague spoke in favor of the amendment.
VOTE ON MOTION TO AMEND:
Yes: Chay, Fischer, Long, Martin, Merkes, Moss, Sprague
No: Glick, Superman
Absent: None
VOTE ON MOTION TO AMEND PASSED: 7 Yes, 2 No, 0 Absent
MOTION TO AMEND: Glick moved to amend Ordinance 2005-32 as follows:
Section 1. 5.12.060(I) to read, "The appellant or representative then presents the appellant's case when called by the presiding officer. At this time the appellant my call the assessor or appropriate appraiser or any other witnesses the appellant intends to present as a witness at this time. The scope of direct questioning is limited to the issues in dispute. Should the appellant wish, and prior to beginning the presentation, a portion of the 30 minutes allowed may be reserved for rebuttal, sur-rebuttal, and closing arguments. At the conclusion of each step the appellant's presentation, board members may question the appellant or their witnesses."
Section 1. 5.12.060(J) to read, "The assessor or designee then presents the borough's case when called by the presiding officer. At this time the assessor may call the appellant or any other witnesses the assessor intends to present as a
witness. The scope of direct questioning is limited to the issues in dispute. Should the assessor wish, and prior to beginning the presentation, a portion of the 30 minutes allowed may be reserved for rebuttal, and/or closing argument. At the conclusion of each step of the assessor's presentation, board members may ask questions of the assessor or their witnesses.
MOTION TO AMEND PASSED: Unanimous.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Fischer, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: None
MOTION TO ENACT AS AMENDED PASSED: 9 Yes, 0 No, 0 Absent
(9:34:31) Ordinance 2005-33: Authorizing the Tsalteshi Trails Association Lease to be Amended to Add Additional Land Adjacent to Skyview High School to Develop New Trails and Address Retention of Facility Improvements (Mayor) (Referred to Lands Committee)
MOTION: Merkes moved to enact Ordinance 2005-33.
Assembly Member Merkes stated the ordinance authorized amendments to the Tsalteshi Trails Lease which would expand the acreage, allow for retention of improvements by the borough and clarifiy the responsible party of such improvements.
President Superman opened the public comment period with none being offered.
MOTION TO AMEND: Merkes moved to amend Ordinance 2005-33 as follows:
Final Whereas to read, "the KPB Planning Commission at its regularly scheduled meeting of August 8, 2005 recommended enactment."
MOTION TO AMEND PASSED: Unanimous.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Fischer, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: None
MOTION TO ENACT AS AMENDED PASSED: 9 Yes, 0 No, 0 Absent
(9:36:46)
Ordinance 2005-37: Amending the Effective Date to January 1, 2006 for the Borough Sales Tax Rate to be Increased to 3 Percent (Mayor) (Referred to Finance Committee)
MOTION: Moss moved to enact Ordinance 2005-37.
Assembly Member Moss stated the ordinance changed the effective date of Section 6 of Ordinance 2005-09 enacted earlier this year.
President Superman opened the public comment period.
The following person spoke in support of Ordinance 2005-37.
Fred Sturman, PO Box 513, Soldotna, AK
There being no one else who wished to speak, the public comment period was closed.
MOTION TO AMEND: Moss moved to amend Ordinance 2005-37 as follows:
Title to read, "An Ordinance Amending the Effective Date to [JANUARY 1, 2006] November 1, 2005 for the Borough Sales Tax Rate to Be Increased to 3 Percent"
6th Whereas to read, "the best interests of the borough and taxpayers would be served by rescheduling the effective date of ordinance 2005-09, section 1, to [JANUARY 1, 2006] November 1, 2005 to allow time for proper implementation of the new tax rate if the initiative does not pass; and"
Section 1 to read, "That Section 6 of ordinance 2005-09 is hereby amended to extend the effective date of the sales tax increase contained in Section 1 of that ordinance to [JANUARY 1, 2006] November 1, 2005 as follows:"
"SECTION 6. That Sections 1, 2 and 3 of this ordinance shall take effect [OCTOBER 1, 2005] [JANUARY 1, 2006] November 1, 2005, and Sections 4 and 5 of this ordinance shall take effect July 1, [2006]2005. [SECTIONS 2 AND 3 OF THIS ORDINANCE SHALL TAKE EFFECT JANUARY 1, 2006.]"
Assembly Members Merkes and Fischer spoke in opposition to the amendment.
VOTE ON MOTION TO AMEND:
Yes: Long, Martin, Moss, Sprague
No: Chay, Fischer, Glick, Merkes, Superman
Absent: None
MOTION TO AMEND FAILED: 4 Yes, 5 No, 0 Absent
VOTE ON MOTION TO ENACT:
Yes: Chay, Fischer, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: None
MOTION TO ENACT PASSED: 9 Yes, 0 No, 0 Absent
UNFINISHED BUSINESS - Postponed Items
(9:52:44)
Ordinance 2005-26: Authorizing a Land Exchange with the City of Soldotna of a 10-Acre Borough Parcel on West Redoubt for a 17-Acre City Parcel on the Sterling Highway to Support a City Cemetery (Mayor) (Referred to Lands Committee)
[Clerk's Note: There was a motion to enact on the floor from the June 7, 2005 meeting.]
Assembly Member Merkes stated the Lands Committee discussed the ordinance and reviewed concerns of property owners near the selected cemetery site.
President Superman opened the public comment period.
The following people spoke in opposition to Ordinance 2005-26:
John Dombovy, 112 Amaryllis Street, Soldotna, AK
Chris Pankratz, 109 Amaryllis Street, Soldotna, AK
The following people spoke in support of Ordinance 2005-26:
Mayor David Carey, 119 Shady Lane, Soldotna, AK
Barbara Jewell, 186 E. Redoubt Avenue, Soldotna, AK
James E. Fischer, 171 Farnsworth Blvd., Soldotna, AK
Jim Fassler, 36815 Cheechako News Drive, AK
Dick Troeger, 372 Lubin Street, Soldotna, AK
There being no one else who wished to speak, the public comment period was closed.
(10:46:36)
MOTION TO AMEND: Sprague moved to amend Ordinance 2005-26 as follows:
Title to read, "An Ordinance Authorizing a Land Conveyance to [EXCHANGE WITH] the City of Soldotna of a 10-Acre Borough Parcel on W. Redoubt Avenue [FOR A 17-ACRE CITY PARCEL ON THE STERLING HIGHWAY] to Support a City Cemetery"
First Whereas to read, "The [1992]2005 Comprehensive Plan Goal [3.10]4.11 Objective 1 is "[t]o reserve adequate public or private land to meet future cemetery needs throughout the Borough"; and
Delete the 5th Whereas in its entirety, [WHEREAS, ALTERNATIVE TO A GRANT OF LAND AS REQUESTED BY RESOLUTION 2004-44, THE CITY OF SOLDOTNA HAS REQUESTED CONSIDERATION OF AN EXCHANGE OF 17.2 ACRES OF CITY LAND AT ARC LAKE FOR 10 ACRES OF BOROUGH LAND ON WEST REDOUBT; AND]
Add a new 5th Whereas to read, "the fair market value of the subject 10 acres of Borough owned land was appraised by the Kenai Peninsula Borough Assessor on June 1, 2005 at $139,000; and"
Delete the new 6th Whereas in its entirety:
[WHEREAS, THE FAIR MARKET VALUE OF THE SUBJECT 17.2 ACRES OF CITY OWNED LAND WAS APPRAISED BY ON , 2005 AT $ ; AND]
Section 1 to read, "That the Assembly finds that conveying [EXCHANGING] the following described property at less than fair market value to the City of Soldotna for cemetery use is in the best interest of the borough:
PARCEL A
Property to Be Conveyed to the City of Soldotna by the Kenai Peninsula Borough:
The SW� SE� SW� within Section 30, Township 5 North, Range 10 West, Seward Meridian, Alaska, containing approximately 10.0 acres.
[PARCEL B
PROPERTY TO BE CONVEYED TO THE KENAI PENINSULA BOROUGH BY THE CITY OF SOLDOTNA:
THAT PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER LYING SOUTHEAST OF THE STERLING HIGHWAY AND THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER LYING WEST OF ARC LAKE, ALL IN SECTION 12, TOWNSHIP 4 NORTH, RANGE 11 WEST, SEWARD MERIDIAN, ALASKA, CONTAINING APPROXIMATELY 17.2 ACRES.]
This finding is based on the following facts:
a. The conveyance [EXCHANGE] will benefit Borough residents by allowing the creation of a municipal cemetery within the City of Soldotna that will be available to both city and non-city residents.
[B. THE KENAI PENINSULA BOROUGH WILL RECEIVE, IN RETURN, PROPERTY OF SIGNIFICANT VALUE AS COMPENSATION FOR ITS PROPERTY.]
b. The cemetery will fulfill the need for a cemetery for the people of Soldotna, Sterling, Ridgeway, Funny River, Kasilof, and other areas of the borough.
c. The borough lacks authority to set up and operate a cemetery, but the City of Soldotna has such authority.
d. The City of Soldotna shall be responsible for the costs of improvements, maintenance, and operation of the cemetery for the benefit of city and other borough residents.
e. Charging fair market value for this property would preclude the use of such funds to establish and operate the cemetery.
Section 2 to read, "The mayor is authorized, pursuant to KPB 17.10.100 to convey [EXCHANGE] property with the City of Soldotna as described in Section 1 above for the sum of $1.00. Borough land shall be conveyed to the City of Soldotna by Quitclaim Deed. The City of Soldotna shall be responsible for any surveying and platting required, title insurance, and any other closing costs to receive Parcel A from the Kenai Peninsula Borough. [THE KENAI PENINSULA BOROUGH SHALL BE RESPONSIBLE FOR ANY SURVEYING AND PLATTING REQUIRED, TITLE INSURANCE, AND ANY OTHER CLOSING COSTS TO RECEIVE, IN EXCHANGE, PARCEL B FROM THE CITY OF SOLDOTNA.]"
Section 4(1)(a) to read, "1. That special circumstances or conditions exist;
a. KPB 17.10.110. Notice of Disposition, requires publishing notice of the sale four times in
the 30-day period immediately preceding the date of the sale. This notice requirement is intended to make the public aware of an opportunity to purchase borough land. Public notice of this conveyance [EXCHANGE] will not serve a useful purpose as the City of Soldotna is the specified recipient of the borough land in this conveyance.
Section 4(3)(a) to read, "3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area;
a. The public will receive notice of this conveyance [EXCHANGE] through publication of the Planning Commission and Assembly meeting agendas.
Assembly Members Moss, Long, Chay and Glick spoke in opposition to the amendment.
Assembly Members Merkes and Sprague spoke in support of the amendment.
VOTE ON MOTION TO AMEND:
Yes: Martin, Merkes, Sprague
No: Chay, Fischer, Glick, Long, Moss, Superman
Absent: None
MOTION TO AMEND FAILED: 3 Yes, 6 No, 0 Absent
MOTION TO AMEND: Merkes moved to amend Ordinance 2005-26 as follows:
6th Whereas to read, "the fair market value of the subject 10 acres of Borough owned land was appraised by the KPB Assessing Department on June 1, 2005 at $139,000; and
7th Whereas to read, "the fair market value of the subject 17.2 acres of City owned land was appraised by the KPB Assessing Department on June 1, 2005 at $55,000; and"
Final Whereas to read, "the KPB Planning Commission at its regularly scheduled meeting of June 27, 2005 recommended enactment;"
MOTION TO AMEND PASSED: Unanimous.
MOTION: Long moved to extend the legislative deadline by one half hour to Midnight.
MOTION PASSED: Unanimous.
MOTION TO AMEND: Sprague moved to amend Ordinance 2005-26 as follows:
Section 5 to read, "The City of Soldotna shall have [180 DAYS] one year to accept this offer from the date an offer is extended by the administration."
Assembly Member Merkes spoke in opposition to the amendment.
VOTE ON MOTION TO AMEND:
Yes: Chay, Glick, Long, Martin, Moss, Sprague, Superman
No: Fischer, Merkes
Absent: None
MOTION TO AMEND PASSED: 7 Yes, 2 No, 0 Absent
Assembly Members Martin, Sprague and Glick spoke in support of the ordinance.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: Fischer
Absent: None
MOTION TO ENACT AS AMENDED PASSED: 8 Yes, 1 No, 0 Absent
(11:30:46)
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)
[Clerk's Note: There was a motion to adopt Resolution 2005-063 on the floor from the June 21, 2005 meeting.]
Assembly Member Chay stated the South Kenai Peninsula Hospital Service Area Board was requesting the Assembly defeat the Resolution in order to bring forward a new ordinance for public hearing at the September 20, 2005 Assembly Meeting in Homer.
President Superman opened the public comment period with none being offered.
VOTE ON MOTION TO ADOPT:
Yes: None
No: Chay, Glick, Fischer, Long, Martin, Merkes, Moss, Sprague, Superman
Absent: None
MOTION TO ADOPT FAILED: 0 Yes, 9 No, 0 Absent
(11:35:48)
Resolution 2005-066: Authorizing Award of a Contract for the West Brook Estates Road Improvement Assessment District (RIAD) Street Paving Project (Mayor) (Referred to Finance Committee)
[Clerk's Note: There was a motion to adopt on the floor from the July 12, 2005 meeting.]
President Superman opened the public comment period with none being offered.
MOTION TO AMEND: Moss moved to amend Resolution 2005-066 as follows:
Section 1 to read, "That the mayor is authorized to award a contract to perform the work for the above mentioned project to Alaska RoadBuilders, Inc. for the bid amount of $221,965.
MOTION TO AMEND PASSED: Unanimous.
VOTE ON MOTION TO ADOPT AS AMENDED:
Yes: Chay, Fischer, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: None
MOTION TO ADOPT AS AMENDED PASSED: 9 Yes, 0 No, 0 Absent
(11:39:37)
Approval of Ballot Proposition Summaries (Referred to Policies and Procedures Committee)
MOTION: Chay moved to approve the ballot proposition summaries.
(11:40:00)
Proposition No. 1, Transient Accommodations Tax
MOTION TO AMEND: Chay moved to amend Proposition No. 1 Summary to read, "YES [A Yes vote authorizes the borough to implement a transient accommodations tax of up to four (4) percent of the accommodations room rent.]
NO [A No vote would prevent [PROHIBIT] the establishment of a borough transient accommodations tax.]
PROPOSITION SUMMARY:
A "transient accommodations tax," otherwise known as a "bed tax," is a tax imposed on the short-term rental of accommodations such as hotel, motel, and bed and breakfast rooms. [COMMON TAX THROUGHOUT THE STATE OF ALASKA AND OTHER STATES IN THE UNITED STATES. IMPLEMENTING A BOROUGH TRANSIENT ACCOMMODATIONS TAX WOULD INCREASE TAX REVENUE DERIVED FROM THE MANY TOURISTS AND VISITORS WHO COME TO THE KENAI PENINSULA BOROUGH.] An accommodations tax of up to four (4) percent could [WOULD] be added to the accommodations price for a room rented for a term of less than 30 consecutive days for dwelling, lodging or sleeping purposes. It would be in addition to the existing borough sales tax.
The borough may enter into cooperative agreements with cities in the borough to promote tourism using funds generated by this tax. A room tax fund will be established to account for revenues from the transient accommodations tax. An amount equal to at least 25 percent of the transient accommodations taxes received for the preceding fiscal year shall be transferred to the room tax fund. The balance of transient accommodations taxes remaining after funds have been transferred to the room tax fund shall be available to support general government operations.
Bed taxes imposed by cities within the borough [THAT IMPOSE A LOCAL BED TAX] would be offset by [ALSO COLLECT] up to one-half of the borough transient occupancy tax.
If enacted, this tax is projected to generated up to $ .9 million annually or .2 mills of property tax."
MOTION TO AMEND:
Yes: Chay, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: Fischer
Absent: None
VOTE ON MOTION TO AMEND PASSED: 8 Yes, 1 No, 0 Absent
(11:45:00)
Proposition No. 2, Central Emergency Service Area Bonds
MOTION TO AMEND: Chay moved to amend the Summary for Proposition No. 2 as follows:
5th Paragraph to read, "[THE CENTRAL EMERGENCY SERVICE AREA HAS AN IMMEDIATE NEED FOR A] A new fire station in Kasilof would [TO] reduce local response times for fire and other emergencies. Renovations [ARE NEEDED] to the existing Funny River Fire Station would [TO] include facilities for staffing the station, thereby reducing local response times."
VOTE ON MOTION TO AMEND PASSED: Unanimous.
(11:46:32)
Proposition No. 3, Funny River Bridge Project
MOTION TO AMEND: Chay moved to amend the summary for Proposition No. 3 as follows
4th paragraph to be deleted, "[THE PROPOSED BRIDGE CROSSING WOULD: 1) PROVIDE IMPROVED HIGHWAY NETWORK; 2) OFFER OPPORTUNITIES FOR DISPERSED RECREATIONAL DEVELOPMENT; 3) SUPPLY ADDITIONAL ACCESS TO VITAL SERVICES (I.E. FIRE AND AMBULANCE) FOR FUNNY RIVER RESIDENTS; 4) RENDER REDUCED TRAVEL DISTANCE FOR FUNNY RIVER INHABITANTS TO OBTAIN GOODS, SERVICES AND ATTEND SCHOOLS; 5) ALLOW FOR REDUCED COMMUTING TIME AND INCONVENIENCE; 6) SERVE AS AN ALTERNATE ESCAPE ROUTE IN THE EVENT OF FOREST FIRES.]
Footnote to read, "All historical information is from "Final Environmental Impact Statement and Final Section 4(f) Evaluation, Kenai River Crossing, Project No. RS-0485(1)/57239, December 1997," State of Alaska Department of Transportation and Public Facilities and Federal Highway Administration.
No EIS has been conducted since the 1997 FEIS. No current estimate of costs exists."
VOTE ON MOTION TO AMEND PASSED: Unanimous.
(11:48:12)
Proposition No. 4, Capital Improvement Project Cost Limitation
MOTION TO AMEND: Chay moved to amend the summary for Proposition No. 4 as follows:
YES [A Yes vote would require no less than 60 percent voter approval of any borough capital improvement project over $1,000,000, whether funded by federal or state grants, or modifications to capital improvements required by Borough Code or State Statutes. Insurance proceeds are exempt from voter approval. This would be retroactive to April 15, 2005.]
NO [A No vote would defeat the ordinance and would retain the existing $1,500,000 cap on capital projects that could be constructed without voter approval.]
PROPOSITION SUMMARY:
On August 4, 2005, the Borough Clerk certified an initiative petition which seeks to reduce the cap on all borough capital projects over $1,000,000 that can be constructed or acquired without voter approval. [THE PETITIONERS STIPULATED] Projects must receive an affirmative vote by no less than 60 percent of the affected voters for such projects to be approved.
Currently, capital projects with a total project cost of $1,500,000 or more must receive voter approval unless the Borough Assembly waives the requirement for such approval by ordinance. Federal and [OR] State grant funds [GRANT-FUNDED PROJECTS] are not included in the $1,500,000 [EXEMPT FROM THIS REQUIREMENT]. Repair or replacement of damaged borough capital projects, paid through insurance proceeds, does not require voter approval in both the existing ordinance and this initiative ordinance.
Initiative Ordinance 2005-01 would require that capital projects costing over $1,000,000, regardless of the funding source (including federal grants, state grants, borough [GENERAL] funds, and other funds), must be approved by no less than 60 percent of the voters residing in the affected area."
VOTE ON MOTION TO AMEND PASSED: Unanimous.
(11:50:01)
Proposition No. 5, Maximum Borough Sales Tax Rate
MOTION TO AMEND: Chay moved to amend the summary for Proposition No. 5 as follows:
NO [A No vote would defeat the ordinance and would result in no change to the existing 3 percent borough sales tax cap or computation.]
3rd Paragraph to read, "The sales tax rate was thereby established at 3 percent. In 1975 [SINCE 1965], the borough sales tax rate was reduced by assembly ordinance to [SET AT] 2 percent on the first $500 of each sale[S] and has remained unchanged [FOR OVER 40 YEARS]. [AS STATED ABOVE,] All borough sales tax collected is dedicated to education funding."
4th Paragraph to read, "In Ordinance 2005-09, the Borough Assembly increased the borough sales tax rate to 3 percent, effective January 1, 2006. [THE KENAI PENINSULA BOROUGH FACES A BUDGET SHORTFALL DUE TO THE ELIMINATION OF MUNICIPAL REVENUE SHARING BY THE STATE, INCREASED RETIREMENT OBLIGATIONS AND INSURANCE COSTS AND OTHER INCREASED EXPENSES. IT IS ANTICIPATED THAT INCREASING]
Each 1 percent in the borough sales tax generates [RATE FROM 2 PERCENT TO 3 PERCENT WOULD GENERATE ADDITIONAL] education funds of approximately $7.5 million annually, which, using current year assessed values is the equivalent of approximately 1.67 mills in property taxes. [A PROPERTY MILL RATE INCREASE WOULD PLACE A SIGNIFICANT BURDEN ON PROPERTY OWNERS, WHILE A SALES TAX INCREASE WOULD BE SHARED BETWEEN RESIDENTS AND VISITORS ALIKE.]"
VOTE ON MOTION TO AMEND PASSED: Unanimous.
VOTE ON MOTION TO ADOPT ALL
PROPOSITION LANGUAGE AS AMENDED:
Yes: Chay, Fischer, Glick, Long, Martin, Merkes, Moss, Sprague, Superman
No: None
Absent: None
MOTION TO ADOPT PROPOSITION
LANGUAGE AS AMENDED PASSED: 9 Yes, 0 No, 0 Absent
PUBLIC COMMENTS AND PUBLIC PRESENTATIONS
(11:53:59)
Fred Sturman, PO Box 513, Soldotna, AK, addressed the Assembly regarding budget cuts.
ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS
ASSEMBLY COMMENTS
Assembly Member Fischer requested an excused absence from the September 6, 2005 Assembly meeting.
Assembly Member Martin requested the Clerk find out the cost and availability of an on-site, "Open Meetings Act" presentation.
Assembly Member Long thanked the administration for the Grant Recipients Reports and invited everyone to fish in Seward during the Silver Salmon Derby.
ADJOURNMENT (11:59:00)
With no further business to come before the assembly, President Superman adjourned the meeting at 11:59 p.m.
I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of August 16, 2005.
Sherry Biggs, Borough Clerk
Approved by Assembly: