Assembly meeting minutes

Kenai Peninsula Borough

Assembly Meeting Minutes

September 6, 2005 - 7:00 p.m. Regular Meeting -Soldotna, Alaska

CALL TO ORDER

A Regular Meeting of the Kenai Peninsula Borough Assembly was held on September 6, 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 Phil Edgerly from the Reflection Lake Chapel in Kasilof.

There were present:

Gary Superman, Presiding

Dan Chay

Betty Glick

Ron Long

Milli Martin

Grace Merkes

Chris Moss

Pete Sprague comprising a quorum of the assembly.

Absent:

Paul Fischer (excused)

Also in attendance were:

Dale Bagley, Borough Mayor

Colette Thompson, Borough Attorney

Sherry Biggs, Borough Clerk

Johni Blankenship, Deputy Clerk

COMMITTEE REPORTS (7:03:36)

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 (7:13:09)

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.

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.

August 16, 2005 Regular Assembly Meeting Minutes
Resolution 2005-080: Authorizing Award of Contract for an Automated, Web Enabled, Digital Imaging, Fully Integrated Sales Tax System (Mayor) (Referred to Finance Committee)
Resolution 2005-081: Authorizing the Continued Rental of Office Space in the Red Diamond Center for the Community and Economic Development Division (Mayor) (Referred to Finance Committee)
Ordinance 2005-19-24: Accepting and Appropriating a State Grant in the Amount of $71,500 for a Mobile Hydrant Unit for the Bear Creek Fire Service Area (Mayor) (Hearing on 10/11/05) (Referred to Finance Committee)
Ordinance 2005-19-25: Accepting and Appropriating a State Grant in the Amount of $40,000 for Access and Improvements to Tsalteshi Trail System (Mayor) (Shortened Hearing on 09/20/05) (Referred to Finance Committee)
Ordinance 2005-19-26: Accepting and Appropriating a Grant from the Alaska Division of Homeland Security and Emergency Management in the Amount of $340,621 for Emergency Siren System Repairs and Upgrades (Mayor) (Hearing on 10/11/05) (Referred to Finance Committee)
Ordinance 2005-19-27: Appropriating $18,000 for a Communications Center Operating Cost Analysis (Mayor) (Shortened Hearing on 09/20/05) (Referred to Finance Committee)
Ordinance 2005-39: Authorizing the Sale of Tract C of ITC Anchor Point Subdivision to Kachemak Gun Club, Inc. at Other than Fair Market Value (Mayor, Martin) (Hearing on 10/11/05) (Referred to Lands Committee)
Ordinance 2005-40: Amending KPB 5.12.100 to Exempt Certain Senior Housing from Real Property Taxation (Merkes) (Hearing on 10/11/05) (Referred to Finance Committee)
Ordinance 2005-41: Authorizing an Amendment to the Sublease and Operating Agreement with South Peninsula Hospital, Inc. Authorizing it to Enter into Certain Short-Term Rental Agreements (Martin) (Shortened Hearing on 09/20/05) (Referred to Finance Committee)
�Ordinance 2005-42: Non-Objection to Certain Volunteer Fire Departments being Recognized by the State as Volunteer Fire Departments to Provide Fire Protection in the Kenai Peninsula Borough (Mayor, Martin) (Shortened Hearing on 09/20/05) (Referred to Policies and Procedures Committee)
Approval of Canvass Board and Absentee Voting Officials for the October 4th, 2005 Regular Municipal Election (Referred to Policies and Procedures Committee)

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

AGENDAS APPROVED: Without objection.

(7:18:01)

COMMENDING RESOLUTIONS AND PROCLAMATIONS

President Superman read aloud a commending resolution for Karen Kester upon her retirement as the Recreation Director for the North Peninsula Recreation Service Area.

PRESENTATIONS WITH PRIOR NOTICE - None

PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (7:20:59)

President Superman opened the public comment period.

Phil North, 3810 Wildrose Avenue, Kenai, spoke in support of Ordinance 2005-13.

Willard Hahn, College Heights Subdivision, Soldotna, addressed the Assembly regarding road conditions in his neighborhood.

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

REPORTS OF COMMISSIONS AND COUNCILS - None.

MAYOR'S REPORT (7:31:17)

Agreement and Contracts

Spruce Bark Beetle Mitigation Program:

Approval of contract with Paul's Services for Clam Gulch Road ROW Project
Approval of contract with Steve's Tree Service for Slackwater ROW Project
Approval of contract with Paul's Services for North Fork #4 Add-Ons #1 ROW Project

Approval of sole source contract with Equipment Engineering for Purchase of Emergency Bridge Decking in Seward

Approval of contract with Underwriters Laboratories for Aerial Ladder Testing for CES

Approval of contract with Doors/Windows Unlimited, Inc. for Overhead Door Replacement at CES

Approval of contract with Integrity Surveys for Airport Subdivision Emergency Response Center Replat

Approval of contract with Four Seasons Fence for installation of Fencing and Gate around lagoon at Central Peninsula Landfill

Other

Letter to Leon Marcinkowski, President, Cook Inlet Salmon Brand, Inc. regarding appointment of Ed Oberts to fill board seat vacated by Jack Brown

Capital Projects Report - June 30, 2005

ITEMS NOT COMPLETED FROM PRIOR AGENDA - None.

PUBLIC HEARINGS ON ORDINANCES

(7:32:04)

Ordinance 2005-19-13: Appropriating $384,500 from the Road Service Area Fund Balance to Increase Specific Operating Budget Items and Road Improvement Assessment District Match Funds (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2005-19-13.

Assembly Member Moss stated the ordinance would appropriate additional funds to the Road Service Area budget in accordance with the 1.4 mill levy approved by the Assembly during the FY 2006 budget process.

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

(7:34:36)

Ordinance 2005-19-14: Appropriating $33,000 to the Road Service Area Engineer's Estimate Fund (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2005-19-14.

Assembly Member Moss stated the ordinance would appropriate funds from fund balance to the Engineer's Estimate Fund, Contractual Services, for additional Road Improvement Assessment Districts.

President Superman opened the public comment period with none being offered.

MOTION TO AMEND: Moss moved to amend Ordinance 2005-19-14 as follows:

Section 1 to read, "That funds in the amount of $33,000 are hereby appropriated from the [ROAD SERVICE AREA] Engineer's Estimate Fund Fund Balance to account number 237.33950.00000.43011 (Engineer's Estimate Fund Contractual Services) for engineering costs associated with estimating the total project cost of the road improvement assessment districts."

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

(7:37:15)

Ordinance 2005-19-16: Accepting and Appropriating State and Federal Grants, and Transferring Road Service Funds for the Kenai Spur Highway Extension Environmental Phase (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2005-19-16.

Assembly Member Moss stated the ordinance would appropriate matching funds for the Environmental Impact Statement (EIS) phase of the Kenai Spur Highway Extension project.

President Superman opened the public comment period with none being offered.

MOTION TO AMEND: Moss moved to amend Ordinance 2005-19-16 as follows:

Final Whereas to read, "at its meeting on August 9, 2005, the Road Service Area Board voted to recommend enactment;"

MOTION TO AMEND PASSED: Without objection.

VOTE ON MOTION TO ENACT AS AMENDED:

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

No: Chay

Absent: Fischer

MOTION TO ENACT AS AMENDED PASSED: 7 Yes, 1 No, 1 Absent

(7:41:01)

Ordinance 2005-19-17: Accepting and Appropriating a State Grant in the Amount of $280,000 for the Cook Inlet Regional Citizens Advisory Council, Cook Inlet Development Safety Project (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2005-19-17.

Assembly Member Moss stated the ordinance would appropriate grant funds with no match required the project was supported in the 2005 KPB Legislative Priorities.

President Superman opened the public comment period.

The following person spoke in support of Ordinance 2005-19-17:

Michael Munger, 330 Banner Lane, Soldotna, AK

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

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

(7:44:31)

Ordinance 2005-19-20: Accepting and Appropriating $22,125 from the Alaska Department of Military and Veterans Affairs to Support the Activities of the Kenai Peninsula Borough Local Emergency Planning Committee (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2005-19-20.

President Superman opened the public comment period 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

(7:45:55)

Ordinance 2005-19-22: Accepting a $40,000 Grant from the State of Alaska for the Borough's Coastal Management Program (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2005-19-22.

President Superman opened the public comment period 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

(7:47:41)

Ordinance 2005-19-23: Accepting and Appropriating an $11,000 State Grant to Update the Borough's Coastal Management Plan (Mayor) (Referred to Finance Committee)

MOTION: Moss moved to enact Ordinance 2005-19-23.

Assembly Member Moss stated the Coastal Zone Management Plan required updating and the funds appropriated would allow for the completion of those requirements.

President Superman opened the public comment period 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

(7:49:08)

Ordinance 2005-34: Amending KPB 17.10.030 Regarding the Acquisition of Land and Resources (Superman) (Referred to Lands Committee)

MOTION: Merkes moved to enact Ordinance 2005-34.

President Superman opened the public comment period.

The following person spoke in opposition to Ordinance 2005-34:

Mark Osterman, PO Box 1027, Kasilof, AK

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

MOTION TO AMEND: Merkes moved to amend Ordinance 2005-34 as follows:

Section 1(E) to read, "Notwithstanding subsection A above, the Kenai Peninsula Borough shall not exercise its power of eminent domain for the purpose of taking private property for [EXCLUSIVE] primary use by a private party."

MOTION TO AMEND: (Secondary) Long moved to amend Ordinance 2005-34 as follows:

SECONDARY MOTION TO AMEND PASSED: Without objection.

MAIN MOTION TO AMEND PASSED: Without objection.

MOTION TO AMEND: Long moved to amend Ordinance 2005-34 as follows:

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

(8:02:45)

Ordinance 2005-35: Authorizing the Negotiated Sale at Fair Market Value of Lot 1 McBride Subdivision, Seward, Alaska to Dean Carl (Mayor) (Referred to Lands Committee)

MOTION: Merkes moved to enact Ordinance 2005-35.

President Superman opened the public comment period.

The following person spoke in support of Ordinance 2005-35.

Dean Carl, PO Box 1413, Seward, AK

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

MOTION TO AMEND: Merkes moved to amend Ordinance 2005-35 as follows:

8^th Whereas to read, "the Floodplain Administrator, Coastal Zone Management, and Office of Emergency Management each submitted a memorandum on Ordinance [2002-25] 2003-34 stating that the subject parcel is in the floodplain and floodway and should be considered for retention by the KPB for flood mitigation reasons; and"

Final Whereas to read, "the KPB Planning Commission at its regularly scheduled meeting of August 22, 2005 recommended enactment by majority vote;"

MOTION TO AMEND PASSED: Without objection.

MOTION TO AMEND: Merkes moved to amend Ordinance 2005-35 as follows:

Section 3 to read, "Based on the foregoing, the mayor is hereby authorized, pursuant to KPB 17.10.100 (I) and KPB 17.10. 220 (C) to sell the land described in section 1 above to Dean Carl for $20,400 subject to the terms and conditions of this ordinance. The land shall be conveyed by Quitclaim Deed. Dean Carl shall pay all costs necessary to complete this transaction. The authorization is for sale solely to Dean Carl and he may not assign any rights to negotiate or enter an agreement with any other person or entity."

MOTION TO AMEND PASSED: Without objection.

MOTION TO POSTPONE: Sprague moved to postpone Ordinance 2005-35 until the October 11, 2005 meeting.

Assembly Members Chay and Glick spoke in support of postponement.

Assembly Members Long and Martin spoke in opposition to postponement.

VOTE ON MOTION TO POSTPONE:

Yes: Chay, Glick, Moss, Sprague

No: Long, Martin, Merkes, Superman

Absent: Fischer

MOTION TO POSTPONE FAILED: 4 Yes, 4 No, 1 Absent

Assembly Members Martin and Long spoke in support of Ordinance 2005-35.

Assembly Member Sprague spoke in opposition to Ordinance 2005-35.

President Superman passed the gavel to Vice President Long. President Superman spoke in support of Ordinance 2005-35. Vice President Long returned the gavel.

Assembly Members Merkes and Moss spoke in support of Ordinance 2005-35.

VOTE ON MOTION TO ENACT AS AMENDED:

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

No: Glick, Sprague

Absent: Fischer

MOTION TO ENACT AS AMENDED PASSED: 6 Yes, 2 No, 1 Absent (8:57:20)

Ordinance 2005-36: Authorizing the Negotiated Sale at Fair Market Value of Tract B, ASLS 2003-6, Plat No. 2004-108, Homer Recording District, S.M. Alaska Containing 4.710 Acres to Mary Jean Yenney (Mayor) (Referred to Lands Committee)

MOTION: Merkes moved to enact Ordinance 2005-36.

President Superman opened the public comment period with none being offered.

MOTION TO AMEND: Merkes moved to amend Ordinance 2005-36 as follows:

Final Whereas to read, "the KPB Planning Commission at its regularly scheduled meeting of August 8, 2005 recommended enactment by unanimous consent;"

MOTION TO AMEND PASSED: Without objection.

MOTION TO AMEND: Merkes moved to amend Ordinance 2005-36 as follows:

Section 4 to read, "Based on the foregoing, the mayor is hereby authorized, pursuant to KPB 17.10.100 (I) and KPB 17.10.220 (C) to sell the land described in Section 1 above to Mary Jean Yenney for $27,020.00, which is based on the appraised fair market value of this property plus � of the platting costs. The appraised fair market value is based on the [LAND VALUE ONLY] land value with land features. Structural improvements on the land were not considered during the appraisal process. The terms of the sale is cash at closing and the buyer shall pay all closing costs."

MOTION TO AMEND PASSED: Without objection.

Assembly Member Merkes spoke in support of Ordinance 2005-36.

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

UNFINISHED BUSINESS (Postponed Items)

(9:02:52)

Resolution 2005-067: Authorizing the Mayor, on Behalf of the Kachemak Emergency Service Area, to Enter into an Agreement with the City of Homer to Provide Fire and Emergency Medical Services (Martin, Mayor) (Referred to Finance Committee)

[Clerk's Note: There was a motion to adopt on the floor from the July 12, 2005 meeting.]

MOTION TO AMEND: Moss moved to postpone Resolution 2005-067 until the September 20, 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

PUBLIC COMMENTS AND PUBLIC PRESENTATIONS

(9:03:47)

ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

The next meeting of the Kenai Peninsula Borough Assembly was scheduled for September 20, 2005, at 7:00 p.m. in the Council Chambers of the Homer City Hall in Homer, Alaska.
The next meeting of the Kenai Peninsula Borough Board of Adjustment was schedule for September 21, 2005 at 9:00 a.m. in the Islands and Ocean Visitor Center in Homer, Alaska.

ASSEMBLY COMMENTS

Assembly Member Martin thanked the Assembly Members that attended the meeting in Anchor Point regarding gravel pit permitting. She also addressed the Assembly regarding the postponement of Resolution 2005-067 and complimented the South Peninsula Hospital Service Area Board for their service to the community. She further requested a report from the Office of Emergency Management regarding evacuation of the residents of the Kenai Peninsula Borough in the case of a natural disaster.

Assembly Member Sprague reported on his trip to Skagway where he attended the Alaska Municipal League Board Meeting. He also expressed his condolences to the citizens affected by Hurricane Katrina.

Assembly Member Chay expressed his concerns of the potential influence of Hurricane Katrina on oil and gas reserves and prices. He also announced a candidate roundtable forum on September 9, 2005 at the Kenai Peninsula College and invited the public to attend.

Assembly Member Merkes commented on "Industry Appreciation Day."

Vice President Long thanked the Assembly for sending him to Skagway to attend the Alaska Municipal League meeting and gave a brief report.

Assembly Member Glick asked if the Alaska Municipal League resolution regarding "An All-Alaska Pipeline" would be presented to the entire body of the Alaska Municipal League for a vote.

ADJOURNMENT (9:23:14)

With no further business to come before the assembly, President Superman adjourned the meeting at 9:23 p.m.

I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of September 6, 2005.

Sherry Biggs, Borough Clerk

Approved by Assembly: