Kenai Peninsula Borough Assembly Meeting Minutes |
August 1, 2006 - 7:00 p.m. Regular Meeting - Soldotna, Alaska |
CALL TO ORDER
A Regular Meeting of the Kenai Peninsula Borough Assembly was held on August 1, 2006, in the Borough Assembly Chambers, Soldotna, Alaska. President Long 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 Paul Kupferschmid from the Kasilof Community Church.
There were present:
Ron Long, Presiding
Dan Chay
Paul Fischer
Deb Germano
Margaret Gilman
Milli Martin
Grace Merkes (excused at 11:05 p.m.)
Pete Sprague
Gary Superman
comprising a quorum of the assembly.
Also in attendance were:
John J. Williams, Mayor
Colette Thompson, Borough Attorney
Sherry Biggs, Borough Clerk
Johni Blankenship, Deputy Clerk
COMMITTEE REPORTS (7:03:00)
Assembly Member Superman said the Finance Committee met and discussed its lengthy agenda.
Assembly Member Martin stated the Lands Committee met and discussed its brief agenda.
Assembly Member Chay said the Policies and Procedures Committee met and discussed its agenda items.
Assembly Member Sprague stated the Legislative Committee met and discussed its agenda items.
APPROVAL OF AGENDA AND CONSENT AGENDA (7:22:57)
MOTION TO APPROVE AGENDAS: Merkes moved for the approval of the agenda and consent agenda.
President Long 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:
• Resolution 2006-070: Supporting an Application to the U.S. Board on Geographic Names to Officially Name an Unnamed Lake South of Soldotna as Pula Lake (Mayor) (Referred to Lands Committee)
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.
• July 11, 2006 Regular Assembly Meeting Minutes
• A Resolution Commending the Nine and Ten Year Old Soldotna Little League All Star Baseball Team as the 2006 State Champions (Merkes)
• Resolution 2006-067: Authorizing Award of Contract for Summer and Winter Road Maintenance in the Central Region Unit 3 for the Kenai Peninsula Borough Road Service Area (Mayor) (Referred to Finance Committee)
• Resolution 2006-068: Authorizing Award of a Professional Design Service Contract for the Chinulna Point Subdivision RIAD Street Paving Project (Mayor) (Referred to Finance Committee)
• Resolution 2006-069: Authorizing a Fire Utility Apparatus Purchase and Redirection of Previously Appropriated Capital Project Funds for Bear Creek Fire Service Area (Mayor) (Referred to Finance Committee)
[Clerk’s Note: A technical amendment was made to Resolution 2006-069 as follows: Final whereas to read, “at its special [REGULARLY SCHEDULED] meeting of July 24, 2006 the BCFSA board recommended adoption by unanimous consent;”]
• Resolution 2006-071: Authorizing the Acquisition of Lot 1, “White Alice” Subdivision, Plat No. 82-53, Homer Recording District for a Kachemak Emergency Service Area Fire Station Site (Mayor) (Referred to Lands Committee)
• Resolution 2006-072: Authorizing the Acquisition of Lot 2, “White Alice” Subdivision, Plat No. 82-53, Homer Recording District for a Kachemak Emergency Service Area Fire Station Site (Mayor) (Referred to Lands Committee)
• Ordinance 2006-19-06: Appropriating $250,000 from the Borough’s General Fund Balance to Partially Reimburse the CES Capital Project Fund for its Contribution for Construction of an Emergency Response Center (Mayor) (Hearing on 09/05/06) (Referred to Finance Committee)
• Ordinance 2006-19-07: Appropriating $707,000 in Central Peninsula General Hospital Plant Replacement and Expansion Fund for Patient Monitoring and Telemetry Equipment (Mayor) (Shortened Hearing on 08/15/06) (Referred to Finance Committee)
• Ordinance 2006-19-08: Appropriating $150,000 in the Borough’s General Fund for Transfer to the General Government Capital Projects Fund for Capital Improvements at Borough Facilities (Mayor) (Hearing on 09/05/06) (Referred to Finance Committee)
• Ordinance 2006-19-09: Accepting and Appropriating a State Grant in the Amount of $1,800,000 for Borough-Wide Road Upgrades (Mayor) (Shortened Hearing on 08/15/06) (Referred to Finance Committee)
• Ordinance 2006-19-10: Accepting and Appropriating Four State Grants Totaling $105,000 for School Projects (Mayor) (Hearing on 09/05/06) (Referred to Finance Committee)
• Ordinance 2006-19-11: Accepting $325,080 from the State of Alaska for the Local Match to Federal Funds for Keystone Drive Road Improvements and Appropriating the Grant to a Road Service Area Capital Project Account (Mayor) (Hearing on 09/05/06) (Referred to Finance Committee)
• Ordinance 2006-19-12: Appropriating $22,925 from Kachemak Emergency Service Area Capital Projects Fund Balance for Purchase and Installation of a Fire Station Generator (Mayor) (Shortened Hearing on 08/15/06) (Referred to Finance Committee)
• Petition to Vacate a Portion of the 66-foot Section Line Easement Between Whisper Lake and Lot 22A Lake View Terrace North Shore Addition No. 3 (KN 2003-42); within Sections 17 and 18, Township 5 North, Range 9 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2006-160 Location: Sterling Area (Referred to Lands Committee)
[Clerk’s Note: The Planning Commission approved the above referenced vacation by unanimous consent at its regularly scheduled July 17, 2006 meeting.]
• Petition to Vacate a Portion of Moose Hollow Road Right-of-Way and Associated Public Utility Easement Adjacent to Lot 2 Block 1, Dedicated by Lake Vista Estates Part 2 (Plat KN 95-13); within Section 12, Township 6 North, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2006-143; Location: North Kenai Area (Referred to Lands Committee)
[Clerk’s Note: The Planning Commission approved the above referenced vacation by unanimous consent at its regularly scheduled July 17, 2006 meeting.]
• Authorizing an Application for Restaurant Designation Permit Filed by CIRI Alaska Tourism Corporation dba Kenai Fjords Wilderness Lodge (Referred to Finance Committee)
President Long called for public comment.
The following person addressed the assembly:
Vicki Pate, P. O. Box 4077, Nikiski, AK addressed the assembly regarding Ordinance 2006-19-09.
There being no one else who wished to speak, the public comment period was closed.
AGENDAS APPROVED AS AMENDED: Unanimous.
(7:32:39
COMMENDING RESOLUTIONS AND PROCLAMATIONS
Assembly Member Grace Merkes presented a resolution commending the nine and ten year old Soldotna Little League All Star baseball team as the 2006 State Champions.
(7:38:06)
PRESENTATIONS WITH PRIOR NOTICE
Rob Massengill, Alaska Department of Fish & Game, Fishery Biologist - Sport Fish Division, gave a presentation regarding Northern Pike in the Kenai Peninsula Borough.
(8:06:00)PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA
President Long called for public comment.
Crystal Choate, 104 N. Gill Street #209 B, Kenai, addressed the assembly regarding mental health issues on the peninsula.
There being no one else who wished to speak, the public comment period was closed.
REPORTS OF COMMISSIONS AND COUNCILS - None
MAYOR’S REPORT (8:10:00)
Mayor Williams introduced Ms. Yuko Ohba from the Borough’s sister city, Akita, Japan, to the Assembly.
1. Agreements and Contracts
a.Spruce Bark Beetle Mitigation Program:
•Approval of Contract with Steve’s Tree Service for Kenai East #1 ROW Project
•Approval of Contract with Steve’s Tree Service for Kenai East #2 ROW Project
•Approval of Contract with Alaska Map Company for GIS Support for the SBB Mitigation Program
b.Approval of Contract with Floor-Ever, Inc. for Homer Middle School Flooring Replacement
c.Approval of Contract with Floor-Ever, Inc. for Sterling Elementary School Flooring Replacement
d.Approval of Contract with Floor-Ever, Inc. for KPB Human Resource Building Flooring Replacement
e.Approval of Contract with Beluga Construction Company for Soldotna Elementary School Flooring Replacement
f.Approval of Contract with Moore’s Landscaping LLC for Rootwad Harvest at Beluga Landfill
g.Approval of Contract with Tutka Bay Charters – Chris Banas for Boat Charter Service for KPB Appraisers
h.Approval of Sole Source Contract with Seimens Building Technologies, Inc. for DDC System Remote Access at Seward Middle School
i.Approval to Waive Bonding Requirements for the Arsenic Removal System at Sterling and Tustumena Elementary and Nikiski Middle/High Schools
j.Approval of Purchase and Service Agreement between KPB and Funny River Emergency Services for Property and Equipment Inventory
k.Approval of Contract with Soderstrom Architects, P.C. for South Peninsula Hospital East Addition Project
2.Other
a.Investment Portfolio as of June 30, 2006
b.Budget Revisions – June 2006
c.Revenue Expenditure Report – June 2006
ITEMS NOT COMPLETED FROM PRIOR AGENDA - None.
(8:25:38) PUBLIC HEARINGS ON ORDINANCES
Ordinance 2006-01 (Martin) Substitute: Repealing KPB Chapter 21.26 and Enacting KPB Chapter 21.29, Material Site Permits (Martin) (Referred to Lands Committee)
[Clerk’s Note: There was a motion to enact on the floor from the March 14, 2006 meeting.]
President Long called for public comment.
The following people spoke in opposition to Ordinance 2006-01 (Martin) Substitute as written:
Travis Penrod, 36860 Virginia Drive, Soldotna
Steve Ebbert, P. O. Box 1938, Homer
Helen Schwert, 72229 North Fork Road, Anchor Point (letter read by Steve Ebbert)
Duane Christensen, P. O. Box 454, Anchor Point
Ann Bayes, P.O. Box 575, Anchor Point
There being no one else who wished to speak, the public comment period was closed.
MOTION TO AMEND: Martin moved to amend Ordinance 2006-01 (Martin) Substitute as follows:
Insert a new KPB 21.29.010 to read, “21.29.010. Material extraction exempt from obtaining a permit.
A. Material extraction which disturbs an area of less than one acre, does not enter the water table, and does not cross property boundaries does not require a permit.
B. Material extraction taking place on dewatered bars within the confines of the Snow River and the streams within the Seward-Bear Creek Flood Service Area does not require a permit, however, operators subject to this exemption shall provide the planning department with the information required by KPB 21.29.030(A)(1), (2), (4), (6), (7), (8)(a), (d), (e), (j), (k), (l), and (m).
C. A prior existing use under KPB 21.29.120 does not require a permit.”
MOTION TO AMEND: (Secondary) Chay moved to amend the amendment as follows:
21.29.010(A) to read, “Material extraction which disturbs an area of less than one acre that is not in a mapped flood plain or subject to 21.29.010(B), does not enter the water table, and does not cross property boundaries does not require a permit. There will be no excavation within 20 feet of the right of way or within 10 feet of the lot line.”
VOTE ON SECONDARY AMENDMENT:
Yes: Chay, Fischer, Germano, Gilman, Martin, Sprague, Superman, Long
No: None
Absent: None
Abstained: Merkes
SECONDARY AMENDMENT PASSED: 8 Yes, 0 No, 0 Absent, 1 Abstention
President Long passed the gavel to Vice President Sprague.
MOTION TO AMEND (Secondary) Long moved to amend the amendment as follows:
21.29.010(B) to read, “Material extraction taking place on dewatered bars within the confines of the Snow River and the streams within the Seward-Bear Creek Flood Service Area does not require a permit, however, operators subject to this exemption shall provide the planning department with the information required by KPB 21.29.030(A)(1), (2), [(4),] (6), (7), [(8)(A), (D), (E), (J), (K), (L), AND (M)] and a current flood plain development permit prior to beginning operations.”
VOTE ON SECONDARY AMENDMENT:
Yes: Chay, Fischer, Germano, Gilman, Martin, Sprague, Superman, Long
No: None
Absent: None
Abstained: Merkes
SECONDARY AMENDMENT PASSED: 8 Yes, 0 No, 0 Absent, 1 Abstention
Vice President Sprague returned the gavel to President Long.
VOTE ON MAIN MOTION TO AMEND:
Yes: Chay, Fischer, Germano, Gilman, Martin, Sprague, Superman, Long
No: None
Absent: None
Abstained: Merkes
MAIN MOTION AS AMENDED PASSED: 8 Yes, 0 No, 0 Absent, 1 Abstention
MOTION TO AMEND: Martin moved to amend Ordinance 2006-01 (Martin) Substitute as follows:
Insert a new KPB 21.29.020 to read, “21.29.020. Material extraction and activities requiring a permit.
A. Counter permit. A counter permit is required for material extraction which disturbs no more than 2.5 cumulative acres and does not enter the water table. Counter permits are not subject to the notice requirements or planning commission approval of KPB 21.25.060. A counter permit is valid for a period of 12 months, with a possible 12-month extension.
B. Conditional land use permit. A conditional land use permit (CLUP) is required for material extraction which disturbs more than 2.5 cumulative acres, or material extraction of any size that enters the water table. A CLUP is required for materials processing. A CLUP is valid for a period of five years. The provisions of KPB Chapter 21.25 are applicable to material site CLUPS and the provisions of KPB 21.25 and 21.29 are read in harmony. If there is a conflict between the provisions of KPB 21.25 and 21.29, the provisions of KPB 21.29 are controlling.”
VOTE ON MOTION TO AMEND:
Yes: Chay, Fischer, Germano, Gilman, Martin, Sprague, Superman, Long
No: None
Absent: None
Abstained: Merkes
MOTION TO AMEND PASSED: 8 Yes, 0 No, 0 Absent, 1 Abstention
MOTION TO AMEND: Martin moved to amend Ordinance 2006-01 (Martin) Substitute as follows:
Renumber KPB 21.29.010 as 21.29.030 and amend as follows:
21.29.[010] 030. Application procedure.
21.29.030 to read, “A. In order to obtain a [MATERIAL SITE PERMIT] counter permit or CLUP, an applicant shall first complete and submit to the borough planning department a permit application, along with the appropriate fee as established by resolution of the planning commission and approved by the borough assembly. The planning director may determine that certain contiguous parcels are eligible for a single permit. The application shall include the following items:
1. Legal description of the parcel, KPB tax parcel ID number, and identification of whether the permit is for the entire parcel, or a specific location within a parcel;
2. Expected life span of the material site;
3. A buffer plan consistent with KPB 21.29.[030]050(A)(2);
4. Reclamation plan consistent with KPB 21.29.[050]060;
5. The depth of excavation;
6. Type of material to be extracted and type of equipment to be used;
[7. ALTERNATE BACKUP WARNING SYSTEM PURSUANT TO 30 CFR, § 56.14132(B)(1)(III)-(B)(3), FOR APPLICANTS WITH INTENT TO HAUL MATERIAL BETWEEN THE HOURS OF 10:00 P.M. AND 6:00 A.M.]
7 [8].Any voluntary permit conditions the applicant proposes. Failure to include a proposed voluntary permit condition in the application does not preclude the applicant from proposing or agreeing to voluntary permit conditions at a later time;
8 [9].A site plan and field verification prepared by a professional surveyor licensed and registered in the State of Alaska, including the following information:
a. location of excavation, and, if the site is to be developed in phases, the life span and expected reclamation date for each phase;
b. proposed buffers consistent with KPB 21.29.050(A)(2), or alternate buffer plan;
c. identification of all encumbrances including but not limited to easements;
d [b]. points of ingress and egress. Driveway permits must be acquired from either the state or borough as appropriate prior to the issuance of the material site permit.
e [c]. anticipated haul routes;
f [d]. location and depth of test holes, and depth of groundwater, if encountered;
g [e]. location of wells of adjacent property owners within 300 feet of the proposed parcel boundary;
h [f]. location of any water body on the parcel, including the location of any riparian wetland as determined by "Wetland Mapping and Classification of the Kenai Lowland, Alaska" maps created by the Kenai Watershed Forum [DETERMINED BY THE U.S. ARMY CORPS OF ENGINEERS];
i. surface water protection measures for adjacent properties, including the use of diversion channels, interception ditches, on-site collection ditches, sediment ponds and traps, and silt fence; provide designs for substantial structures; indicate which structures will remain as permanent features at the conclusion of operations, if any;
j [g].location of any processing areas on parcel, if applicable;
k [h].north arrow;
l [i]. the scale to which the site plan is drawn;
m [j].preparer's name, date and seal;
n [k] field verification shall include staking the boundary of the parcel at sequentially visible intervals. The planning director may grant an exemption in writing to the staking requirements if the parcel boundaries are obvious.
[l. PROPOSED BUFFERS CONSISTENT WITH KPB 2129.030(A)(1).
M. SURFACE WATER PROTECTION MEASURES FOR ADJACENT PROPERTIES, INCLUDING THE USE OF DIVERSION CHANNELS, INTERCEPTION DITCHES, ON-SITE COLLECTION DITCHES, SEDIMENT PONDS AND TRAPS, AND SILT FENCE; PROVIDE DESIGNS FOR SUBSTANTIAL STRUCTURES; INDICATE WHICH STRUCTURES WILL REMAIN AS PERMANENT FEATURES AT THE CONCLUSION OF OPERATIONS, IF ANY.
10. THE PLANNING DIRECTOR MAY DETERMINE THAT CERTAIN CONTIGUOUS PARCELS ARE ELIGIBLE FOR A SINGLE PERMIT.]
B. [11]. In order to aid the planning commission or planning director’s decision-making process, [T]the planning director shall provide vicinity, aerial, land use, and ownership maps for each application and may include additional information to aid the planning commission’s decision-making process.
[B. FOLLOWING ARE THE TYPES OF MATERIAL SITE PERMITS:
1. COUNTER PERMITS. A COUNTER PERMIT MAY BE ISSUED BY THE PLANNING DIRECTOR WITHOUT THE NOTICE REQUIREMENTS OR PLANNING COMMISSION APPROVAL OF KPB 21.25.050 WHEN THE INTENT TO EXTRACT MATERIAL IS PRIMARILY FOR COMMERCIAL PURPOSES OTHER THAN A COMMERCIAL MATERIAL-SITE OPERATION, PROVIDED THAT A FOUR-FOOT VERTICAL SEPARATION FROM THE SEASONAL HIGH WATER TABLE IS MAINTAINED. MATERIAL TAKEN OFF-SITE MUST BE DEPOSITED ON A PARCEL UNDER THE SAME OWNERSHIP AS THE PARCEL SUBJECT TO THE COUNTER PERMIT. CONDITIONING OR PROCESSING OF MATERIAL UNDER A COUNTER PERMIT IS ONLY ALLOWED IF THE CONDITIONING OR PROCESSING TAKES PLACE 300 FEET FROM THE BOUNDARIES OF THE SUBJECT PARCEL. THE PLANNING DIRECTOR MAY REQUIRE THE APPLICANT TO PROVIDE SITE PLANS OR SIMILAR INFORMATION TO SUPPORT THE COMMERCIAL PURPOSE. A COUNTER PERMIT IS VALID FOR A PERIOD OF 12 MONTHS, WITH A POSSIBLE 12-MONTH EXTENSION.
2. CONDITIONAL LAND USE PERMITS. A CONDITIONAL LAND USE PERMIT (CLUP) WILL BE REQUIRED WHERE A SITE DOES NOT QUALIFY FOR A COUNTER PERMIT. CLUPS ARE SUBJECT TO THE PUBLIC HEARING AND NOTICE REQUIREMENTS OF KPB 21.25.050 AND 21.25.060, AND ARE APPROVED BY THE PLANNING COMMISSION.
C. FOLLOWING ARE EXEMPTIONS FROM THE MATERIAL SITE PERMIT REQUIREMENTS:
1. PERSONAL USE EXEMPTION. A PROPERTY OWNER MAY REQUEST A LETTER FROM THE PLANNING DIRECTOR RECOGNIZING A PERSONAL USE SITE WHERE NO SALE OF THE MATERIAL TAKES PLACE AND THERE IS NO COMMERCIAL USE FOR THE MATERIAL. NO ON-SITE PROCESSING OR CONDITIONING OF THE MATERIAL IS ALLOWED FOR OFF-SITE USE. EXTRACTED MATERIAL MAY BE DISPOSED OF OFF-SITE IF THERE IS NO SALE OR BARTERING OF THE MATERIAL. THE EXTRACTION MUST BE COMPLETED WITHIN 365 DAYS OF THE DATE OF THE LETTER OR THE DATE EXTRACTION BEGAN, OR THE BOROUGH BECAME AWARE OF THE EXTRACTION, WHICHEVER DATE IS EARLIER. A PERSONAL USE LETTER IS APPROPRIATE FOR PURPOSES OTHER THAN COMMERCIAL GRAVEL EXTRACTION, SUCH AS WHEN PREPARING AN INDIVIDUAL'S OWN RESIDENTIAL BUILDING SITE, INSTALLATION OF SEPTIC SYSTEM, OR DRIVEWAY CONSTRUCTION. THE PLANNING DIRECTOR MAY REQUIRE THE APPLICANT TO PROVIDE SITE PLANS OR SIMILAR INFORMATION TO SUPPORT THE PERSONAL USE APPLICATION. THE PLANNING DIRECTOR MAY GRANT A ONE-YEAR EXTENSION TO THE PERSONAL USE LETTER UPON FINDING THAT APPLICANT STILL QUALIFIES FOR A PERSONAL USE AND HAS VALID REASONS FOR NOT COMPLETING THE EXTRACTION.
2. DEWATERED BAR EXEMPTION. GRAVEL MINING TAKING PLACE ON DEWATERED BARS WITHIN THE CONFINES OF THE SNOW RIVER AND THE STREAMS WITHIN THE SEWARD-BEAR CREEK FLOOD SERVICE AREA (EXCLUDING THAT PORTION OF THE SERVICE AREA WITHIN SEWARD CITY LIMITS), IS EXEMPT FROM THE PROVISIONS OF THIS CHAPTER. OPERATORS SUBJECT TO THIS EXEMPTION SHALL REGISTER WITH THE BOROUGH BY PROVIDING THE INFORMATION REQUIRED BY KPB 21.29.010(A)(1)-(2) ONLY. THERE SHALL BE NO FEE FOR REGISTRATION. ALL GRAVEL MINING OPERATIONS EXEMPT FROM THE PROVISIONS OF THIS CHAPTER MUST RE-REGISTER WITHIN FIVE YEARS FROM THE DATE OF INITIAL REGISTRATION.]”
VOTE ON MOTION TO AMEND:
Yes: Chay, Fischer, Germano, Gilman, Martin, Sprague, Superman, Long
No: None
Absent: None
Abstained: Merkes
MOTION TO AMEND PASSED: 8 Yes, 0 No, 0 Absent, 1 Abstention
MOTION TO AMEND: Martin moved to amend Ordinance 2006-01(Martin) Substitute:
Renumber KPB 21.29.020 as 21.29.040 and amend as follows:
21.29.040 [020]. Standards for sand, gravel or material sites.
21.29.040 to read, “A. These material site regulations are intended to protect against aquifer disturbance, road damage, physical damage to adjacent properties, dust, noise, and visual impacts. Only the conditions set forth in KPB 21.29.[030] 050 may be imposed to meet these standards:
1. protects against the lowering of water sources serving other properties;
2. protects against physical damage to other properties;
3. minimizes off-site movement of dust;
4. minimizes noise disturbance to other properties;
5. minimizes visual impacts; and
6. provides for alternate post-mining land uses.”
VOTE ON MOTION TO AMEND:
Yes: Chay, Fischer, Germano, Gilman, Martin, Sprague, Superman, Long
No: None
Absent: None
Abstained: Merkes
MOTION TO AMEND PASSED: 8 Yes, 0 No, 0 Absent, 1 Abstention
MOTION TO AMEND: Martin moved to amend Ordinance 2006-01 (Martin) substitute as follows:
Renumber KPB 21.29.030 as 21.29.050 and amend as follows:
21.29.050 [030]. Permit conditions.
21.29.050 to read, “A. The following mandatory conditions apply to counter permits and CLUPs issued for sand, gravel or material sites:
1. Parcel Boundaries. All boundaries of the subject parcel shall be staked at sequentially visible intervals where parcel boundaries are within 300 feet of the excavation perimeter. Field verification and staking will require the services of a professional land surveyor. Stakes shall be in place at time of application. 2 [1]. Buffer Zone. A buffer zone shall be maintained around the excavation perimeter or parcel boundaries. Where an easement exists, a buffer shall not overlap the easement unless otherwise conditioned by the planning director or planning commission.
a. The buffer zone shall provide and retain a basic buffer of: i. 50 feet of undisturbed natural [OR IMPROVED] vegetation, [PLUS A 2:1 SLOPE THEREAFTER TO THE EXCAVATION FLOOR,] or
ii. A minimum six-foot earthen berm with at least a 2:1 slope, [PLUS A 2:1 SLOPE THEREAFTER TO THE EXCAVATION FLOOR,] OR
III. A MINIMUM SIX-FOOT FENCE [PLUS A 2:1 SLOPE THEREAFTER TO THE EXCAVATION FLOOR].
b. A 2:1 slope shall be maintained between the buffer zone and excavation floor on all inactive site walls. Material from the area designated for the 2:1 slope may be removed if suitable, stabilizing material is replaced within 30 days from the time of removal.
c. The planning commission or planning director shall designate one or a combination of the above as it deems appropriate. The vegetation and fence shall be of sufficient height and density to provide visual and noise screening of the proposed use as deemed appropriate by the planning commission or planning director.
d. Buffers shall not cause surface water diversion which negatively impacts adjacent properties or water bodies. Specific findings are required to alter the buffer requirements of KPB 21.29.050(A)(2)(a) in order to minimize negative impacts from surface water diversion. For purposes of this section, surface water diversion is defined as erosion, flooding, dehydration or draining, or channeling. Not all surface water diversion results in a negative impact.
[c]e. At its discretion, the planning commission may waive buffer requirements where the topography of the property or the placement of natural barriers makes screening not feasible or not necessary. Buffer requirements shall be made in consideration of and in accordance with existing uses of adjacent property at the time of approval of the [CLUP] permit. There is no requirement to buffer the material site from uses which commence after the approval of the [CLUP] permit.
3 [2]. Processing. In the case of a CLUP, a[A]ny equipment which conditions or processes material must be operated at least 300 feet from the parcel boundaries. At its discretion, the planning commission may waive the 300-foot processing distance requirement, or allow a lesser distance in consideration of and in accordance with existing uses of adjacent property at the time.
(The following Reclamation section was moved to No. 12.)
[3.RECLAMATION.
A. RECLAMATION SHALL BE CONSISTENT WITH THE RECLAMATION PLAN APPROVED BY THE PLANNING COMMISSION OR PLANNING DIRECTOR AS APPROPRIATE IN ACCORD WITH KPB 21.29.050.
B. AS A CONDITION OF ISSUING THE PERMIT, THE APPLICANT SHALL SUBMIT A RECLAMATION PLAN AND POST A BOND TO COVER THE ANTICIPATED RECLAMATION COSTS IN AN AMOUNT TO BE DETERMINED BY THE PLANNING DIRECTOR. THIS BONDING REQUIREMENT SHALL NOT APPLY TO SAND, GRAVEL OR MATERIAL SITES FOR WHICH AN EXEMPTION FROM STATE BOND REQUIREMENTS FOR SMALL OPERATIONS IS APPLICABLE PURSUANT TO AS 27.19.050.]
4. Water Source Separation.
a. All permits shall be issued with a condition which prohibits any material extraction within 100 [300] horizontal feet of any water source existing prior to original permit issuance.
b. All counter permits shall be issued with a condition which requires that a four-foot vertical separation from the seasonal high water table be maintained.
c. All CLUPS shall be issued with a condition which requires that a two-foot vertical separation from the seasonal high water table be maintained.
d. There shall be no dewatering either by pumping, ditching or some other form of draining unless an exemption is granted by the planning commission. The exemption for dewatering may be granted if the operator provides a statement under seal and supporting data from a duly licensed and qualified impartial civil engineer, that the dewatering will not lower any of the surrounding property's water systems and the contractor posts a bond for liability for potential accrued damages.
[d. ALL CLUPS SHALL BE ISSUED WITH A CONDITION WHICH REQUIRES THAT A TWO-FOOT VERTICAL SEPARATION FROM THE SEASONAL HIGH WATER TABLE IS MAINTAINED.]
5. Excavation in the Water Table. Excavation in the water table within 300 horizontal feet of a water source [WILL REQUIRE] may be permitted with the approval of the planning commission based on the following [INFORMATION]:
a. certification by a qualified independent civil engineer or professional hydrogeologist that the excavation plan will not negatively impact the quantity of an aquifer serving existing water sources.
b. the installation of a minimum of three water monitoring tubes or well casings [EQUAL IN AMOUNT TO THE NUMBER OF PROPERTY BOUNDARIES OF THE SUBJECT PARCEL OR] as recommended by a qualified independent civil engineer or professional hydrogeologist adequate to determine flow direction, flow rate, and water elevation. [LOCATION OF TUBES OR WELLS MAY BE DISCUSSED WITH PLANNING DEPARTMENT STAFF PRIOR TO INSTALLATION TO ENSURE ADEQUATE COVERAGE.]
c. groundwater elevation, flow direction, and flow rate for the subject parcel, measured in three-month intervals by a qualified independent civil engineer or professional hydrogeologist, for at least one year prior to application. Monitoring tubes or wells must be kept in place, and measurements taken, for the duration of any excavation in the water table
d. operations shall not breach an aquifer-confining layer.
6[8]. Waterbodies.
a. An undisturbed buffer shall be left and no earth material extraction activities shall take place within 100 linear feet from a lake, river, stream, or other water body, including riparian wetlands and mapped floodplains as defined in KPB 21.06. This regulation shall not apply to man-made waterbodies being constructed during the course of the materials extraction activities. In order to prevent discharge, diversion, or capture of surface water, an additional setback from lakes, rivers, anadromous streams, and riparian wetlands may be required.
b. Counter permits and CLUPS may contain additional conditions [EACH PERMIT SHALL CONTAIN A CONDITION, BASED ON FINDINGS MADE FOLLOWING A PLANNING DEPARTMENT STAFF SITE VISIT,] addressing surface water diversion.
[C. IN ORDER TO PREVENT EROSION, AN ADDITIONAL SETBACK FROM LAKES, RIVERS, ANADROMOUS STREAMS, AND RIPARIAN WETLANDS MAY BE REQUIRED, BASED ON FINDINGS MADE FOLLOWING A PLANNING DEPARTMENT STAFF SITE VISIT.]
7[6]. Fuel Storage. Fuel storage for containers larger than 50 gallons shall be contained in impermeable berms and basins capable of retaining 110 percent of storage capacity to minimize the potential for uncontained spills or leaks. Fuel storage containers 50 gallons or smaller shall not be placed directly on the ground, but shall be stored on a stable impermeable surface.
8[7].Roads. Operations shall be conducted in a manner so as not to damage borough roads as required by KPB 14.40.175 and will be subject to the remedies set forth in KPB 14.40 for violation of this condition.
9. Subdivision. Any further subdivision or return to acreage of a parcel subject to a conditional land use or counter permit requires the permittee to amend their permit. The planning director may issue a written exemption from the amendment requirement if it is determined that the subdivision is [NOT INCONSISTENT] consistent with the use of the parcel as a material site and all original permit conditions can be met.
10. Dust control. Dust suppression is required on haul roads within the boundaries of the material site by application of water or calcium chloride.
11. Hours of Operation.
[A. OPERATIONS SHALL NOT BE CONDUCTED BETWEEN 10 P.M. AND 6 A.M.]
[b.] [PROCESSING AND CONDITIONING] Rock crushing equipment shall not be operated between 10 [7] p.m. and 6 a.m.
[c. HAULING MAY BE CONDUCTED BETWEEN THE HOURS OF 10:00 P.M. AND 6:00 A.M., PROVIDED THE PERMITTEE DOES NOT USE AN AUTOMATIC REVERSE-ACTIVATED SIGNAL ALARM. THE PERMITTEE'S ALTERNATE BACK-UP WARNING SYSTEM PURSUANT TO 30 CFR, § 56.14132, (B)(1)(III)-(B)(3) SHALL BE INCLUDED IN THE PERMIT APPLICATION.]
12. Reclamation.
a. Reclamation shall be consistent with the reclamation plan approved by the planning commission or planning director as appropriate in accord with KPB 21.29.060 [050].
b. As a condition of issuing the permit, the applicant shall submit a reclamation plan and post a bond to cover the anticipated reclamation costs in an amount to be determined by the planning director. This bonding requirement shall not apply to sand, gravel or material sites for which an exemption from state bond requirements for small operations is applicable pursuant to AS 27.19.050.
13 [12]. Other permits. Permittee is responsible for complying with all other federal, state and local laws applicable to the material site operation, and abiding by related permits. These laws and permits include, but are not limited to, the borough's flood plain, coastal zone, and habitat protection regulations, those state laws applicable to material sites individually, reclamation, storm water pollution and other applicable Environmental Protection Agency (EPA) regulations, clean water act and any other U.S. Army Corp of Engineer permits, any EPA air quality regulations, EPA and ADEC water quality regulations, EPA hazardous material regulations, U.S. Dept. of Labor Mine Safety and Health Administration (MSHA) regulations (including, but not limited to noise and safety standards), and Federal Bureau of Alcohol, Tobacco and Firearm regulations regarding using and storing explosives. Any violation of these regulations or permits reported to or observed by borough personnel will be forwarded to the appropriate agency for enforcement.
14[13]. Voluntary permit conditions. Conditions may be included in the permit upon agreement of the permittee and approval of the planning commission for CLUPs or the planning director for counter permits. Such conditions must be consistent with the standards set forth in KPB 21.29.[020]040(A). Planning commission approval of such conditions shall be contingent upon a finding that the conditions will be in the best interest of the borough and the surrounding property owners. Voluntary permit conditions [PERMANENTLY] apply to the subject parcel and operation, regardless of a change in ownership. A change in voluntary permit conditions may be proposed at permit renewal or amendment.
15. Signage. For permitted parcels on which the permittee does not intend to begin operations for at least 12 months after being granted a conditional land use permit, the permittee shall post notice of intent on parcel corners or access, whichever is more visible. Sign dimensions shall be no more than 15" by 15" and must contain the following information: the phrase “Permitted Material Site” along with the permittee’s business name and a contact phone number.”
VOTE ON MOTION TO AMEND:
Yes: Chay, Fischer, Germano, Gilman, Martin, Sprague, Superman, Long
No: None
Absent: None
Abstained: Merkes
MOTION TO AMEND PASSED: 8 Yes, 0 No, 0 Absent, 1 Abstention
MOTION TO AMEND: Martin moved to amend Ordinance 2006-01 (Martin) Substitute as follows:
Renumber KPB 21.29.040, prior existing uses, as 21.29.120.
VOTE ON MOTION TO AMEND:
Yes: Chay, Fischer, Germano, Gilman, Martin, Sprague, Superman, Long
No: None
Absent: None
Abstained: Merkes
MOTION TO AMEND PASSED: 8 Yes, 0 No, 0 Absent, 1 Abstention
MOTION TO AMEND: Martin moved to amend Ordinance 2006-01 (Martin) Substitute as follows:
Renumber KPB 21.29.050 as 21.29.060 and amend as follows:
21.29.0[5]60. Reclamation plan.
21.29.060 to read, “A. All material site permit applications require a reclamation plan.
B. The applicant shall revegetate with a non-invasive plant species and reclaim all disturbed land upon exhausting the material on-site, or within a pre-determined time period for long-term activities, so as to leave the land in a stable condition. Reclamation must occur for all exhausted areas of the site exceeding five acres before a five-year renewal permit is issued, unless otherwise required by the planning commission. If the material site is one acre or less in size and has been granted a CLUP due to excavation in the water table, reclamation must be performed as specified by the planning commission or planning director in the conditional use or counter permit.
C. The following measures must be considered in preparing and implementing the reclamation plan, although not all will be applicable to every reclamation plan.
1. Topsoil that is not promptly redistributed to an area being reclaimed will be separated and stockpiled for future use. This material will be protected from erosion and contamination by acidic or toxic materials and preserved in a condition suitable for later use.
2. The area will be backfilled, graded and recontoured using strippings, overburden, and topsoil to a condition that allows for the reestablishment of renewable resources on the site within a reasonable period of time. It will be stabilized to a condition that will allow sufficient moisture for revegetation.
3. Sufficient quantities of stockpiled or imported topsoil will be spread over the reclaimed area to a depth of four inches to promote natural plant growth that can reasonably be expected to revegetate the area within five years. The applicant may use the existing natural organic blanket representative of the project area if the soil is found to have an organic content of 5% or more and meets the specification of Class B topsoil requirements as set by Alaska Test Method (ATM) T-6. The material shall be reasonably free from roots, clods, sticks, and branches greater than 3 inches in diameter. Areas having slopes greater than 2:1 require special consideration and design for stabilization by a licensed engineer.
4. Exploration trenches or pits will be backfilled. Brush piles and unwanted vegetation shall be removed from the site, buried or burned. Topsoil and other organics will be spread on the backfilled surface to inhibit erosion and promote natural revegetation.
[5. ANY ROADS, AIRSTRIPS, OR OTHER FACILITIES CONSTRUCTED TO PROVIDE ACCESS TO THE MINING OPERATION SHALL BE RECLAIMED (UNLESS OTHERWISE AUTHORIZED) AND INCLUDED IN THE RECLAMATION PLAN.]
[6]5. Peat and topsoil mine operations shall ensure a minimum of two inches of suitable growing medium is left or replaced on the site upon completion of the reclamation activity (unless otherwise authorized).
[7]6. Ponding may be used as a reclamation method as approved by the planning commission.
D. The plan shall describe the total acreage to be reclaimed each year, a list of equipment (type and quantity) to be used in reclamation, and a time schedule of reclamation measures.”
VOTE ON MOTION TO AMEND:
Yes: Chay, Fischer, Germano, Gilman, Martin, Sprague, Superman, Long
No: None
Absent: None
Abstained: Merkes
MOTION TO AMEND PASSED: 8 Yes, 0 No, 0 Absent, 1 Abstention
MOTION TO AMEND: Martin moved to amend Ordinance 2006-01 (Martin) Substitute as follows:
Renumber KPB 21.29.060 as 21.29.070 and amend as follows:
21.29.070 [060]. Permit extension and revocation [AND RENEWAL].
21.29.070 to read, “A. [Permits may be revoked pursuant to KPB 21.25.080.]
[B] [Material site] Conditional land use permittees must submit a request in writing for permit [renewal] extension every five years after the permit is issued. Requests for permit extension must be made at least 30 days prior to permit expiration. Counter permittees must submit any request for a 12-month extension at least 30 days prior to the expiration of the original 12-month permit period. [FAILURE TO SUBMIT A REQUEST FOR RENEWAL SUBJECTS THE PERMITTEE TO PERMIT REVOCATION PROCEEDINGS. RENEWAL MAY BE DENIED IF RECLAMATION REQUIRED BY THIS CHAPTER AND THE ORIGINAL PERMIT HAS NOT BEEN PERFORMED OR THE PERMITTEE IS OTHERWISE IN NONCOMPLIANCE WITH THE ORIGINAL PERMIT CONDITIONS.] New subsections B and D below were created from the last two sentences of this subsection.
B. A [RENEWAL] permit extension certificate for a CLUP may [SHALL] be granted by the planning director after 5 years, and after one year for a counter permit where no modification to operations or conditions are proposed.
C. Permit extension may be denied if (1) reclamation required by this chapter and the original permit has not been performed; (2) the permittee is otherwise in noncompliance with the original permit conditions; or (3) the permittee has had a permit violation in the last two years and has not fulfilled compliance requests. Permittees subject to Subsection 21.29.070(E) must submit a permit modification application, which shall be processed as set forth in KPB 21.29.070(D).
D. A [RENEWAL] modification application shall be processed pursuant to KPB 21.29. [010-030] 030-050 with public notice given as provided by KPB 21.25.060 when operators request modification of their permit conditions based on changes in operations set forth in the modification application.
[:1. REQUEST MODIFICATION OF THEIR PERMIT CONDITIONS BASED ON CHANGES IN OPERATIONS SET FORTH IN THE RENEWAL APPLICATION,
2. ARE CURRENTLY OUT OF COMPLIANCE WITH THEIR PERMIT, OR
3. HAVE HAD PERMIT VIOLATIONS WITHIN THE LAST TWO YEARS.]
E[C]. There shall be no fee for permit [RENEWAL APPLICATIONS] extensions approved by the planning director. The fee for a [RENEWAL] permit modification processed under KPB 21.29.[060(B)(1), (2), and (3)] 070(D) will be the same as an original permit application.
[D. RENEWALS OF PERMITS SHALL BE SUBJECT TO THE LAW IN PLACE AT THE TIME OF RENEWAL APPLICATION.]
[E]F. Failure to submit a request for extension will result in the expiration of the permit. The borough may issue a permit termination upon expiration. Once a permit has expired, a new permit application approval process is required in order to operate the material site.
G. Permits may be revoked pursuant to KPB 21.25.080.
VOTE ON MOTION TO AMEND:
Yes: Chay, Fischer, Germano, Gilman, Martin, Sprague, Superman, Long
No: None
Absent: None
Abstained: Merkes
MOTION TO AMEND PASSED: 8 Yes, 0 No, 0 Absent, 1 Abstention
MOTION TO AMEND: Martin moved to amend Ordinance 2006-01 (Martin) Substitute as follows:
Renumber KPB 21.29.070 as 21.29.080.
21.29.080 to read, “[VOLUNTARY P] Permit termination.
[AT ANY TIME, A PERMITTEE MAY REQUEST TERMINATION OF THEIR CLUP BY APPLYING ON A FORM PROVIDED BY THE PLANNING DEPARTMENT.] When a permit expires, is revoked or a permittee requests termination of their permit, a [A] review of permit conditions ans site inspections[(S)] will be conducted by the planning department to ensure code compliance and verify site reclamation. [THE PLANNING DIRECTOR SHALL ISSUE THE TERMINATION DOCUMENT.] When the planning director determines that a site qualifies for termination, a termination document shall be issued to the permittee.”
VOTE ON MOTION TO AMEND:
Yes: Chay, Fischer, Germano, Gilman, Martin, Sprague, Superman, Long
No: None
Absent: None
Abstained: Merkes
MOTION TO AMEND PASSED: 8 Yes, 0 No, 0 Absent, 1 Abstention
MOTION TO AMEND: Martin moved to amend Ordinance 2006-01(Martin) Substitute as follows:
Renumber KPB 21.29.080 as 21.29.090 Permit amendments.
VOTE ON MOTION TO AMEND:
Yes: Chay, Fischer, Germano, Gilman, Martin, Sprague, Superman, Long
No: None
Absent: None
Abstained: Merkes
MOTION TO AMEND PASSED: 8 Yes, 0 No, 0 Absent, 1 Abstention
MOTION TO AMEND: Martin moved to amend Ordinance 2006-01(Martin) Substitute as follows:
Renumber KPB 21.29.090 as 21.29.100 and amend as follows:
21.29.[090] 100. Recordation.
21.29.100 to read, “All permits, permit extensions, modified [AMENDED] permits, prior existing uses, and terminations shall be recorded. Failure to record a material site document does not affect the validity of the documents.”
VOTE ON MOTION TO AMEND:
Yes: Chay, Fischer, Germano, Gilman, Martin, Sprague, Superman, Long
No: None
Absent: None
Abstained: Merkes
MOTION TO AMEND PASSED: 8 Yes, 0 No, 0 Absent, 1 Abstention
MOTION TO AMEND: Martin moved to amend Ordinance 2006-01(Martin) Substitute as follows:
Renumber KPB 21.29.100 as 21.29.110.
VOTE ON MOTION TO AMEND:
Yes: Chay, Fischer, Germano, Gilman, Martin, Sprague, Superman, Long
No: None
Absent: None
Abstained: Merkes
MOTION TO AMEND PASSED: 8 Yes, 0 No, 0 Absent, 1 Abstention
MOTION TO AMEND: Martin moved to amend Ordinance 2006-01(Martin) Substitute as follows:
Section 4 definition of “commercial” to read, “Commercial means any [use] provision of services, sale of goods, or use operated for production of income whether or not income is derived, including sales, barter, rental, or trade of goods and services[, AND INCLUDING ALL ACTIVITIES DIRECTLY SUBSIDIARY].
[ON-SITE USE MEANS MATERIAL USED ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL IT WAS EXTRACTED FROM, OR WHEN DEVELOPMENT OF THE PARCEL REQUIRES DISPOSAL OF THE MATERIAL OFF-SITE THROUGH BARTERING.]”
VOTE ON MOTION TO AMEND:
Yes: Chay, Fischer, Germano, Gilman, Martin, Sprague, Superman, Long
No: None
Absent: None
Abstained: Merkes
MOTION TO AMEND PASSED: 8 Yes, 0 No, 0 Absent, 1 Abstention
MOTION TO AMEND: Martin moved to amend Ordinance 2006-01 (Martin) Substitute as follows:
21.29.120(A) to read, “Material sites are not held to the standards and conditions of a CLUP if a prior existing use (PEU) determination was granted for the parcel in accordance with KPB 21.29.[04]120(B). To qualify as a PEU, a parcel’s use as a material site must have commenced or have been operated after May 21, 1986, and prior to May 21, 1996, provided that the subject use continues in the same location. In no event shall a prior existing use be expanded beyond the smaller of the lot, block, or tract lines as they existed on May 21, 1996. If a parcel is further subdivided after May 21, 1996, the pre-existing use may not be expanded to any lot, tract, or parcel where extraction had not occurred before or on February 16, 1999. If a parcel is subdivided where extraction has already occurred, the prior existing use is considered abandoned, and a CLUP must be obtained for each parcel intended for further material site operations. The parcel owner may overcome this presumption of abandonment by showing that the subdivision is not inconsistent with material site operation. If a parcel subject to a prior existing use is conveyed, the prior existing use survives the conveyance.”
VOTE ON MOTION TO AMEND:
Yes: Chay, Fischer, Germano, Gilman, Martin, Sprague, Superman, Long
No: None
Absent: None
Abstained: Merkes
MOTION TO AMEND PASSED: 8 Yes, 0 No, 0 Absent, 1 Abstention
MOTION TO AMEND: Martin moved to amend Ordinance 2006-01 (Martin) Substitute as follows:
21.29.120(B) to read, “Owners of sites must have applied to be registered as a prior existing use prior to January 1, 2001. Any prior existing use that has not operated as a material site between May 21, 1996, and May 21, 2011, is considered abandoned and must thereafter comply with the permit requirements of this chapter. The planning director shall determine whether a prior existing use has been abandoned. After giving notice to the parcel owner that a PEU is considered abandoned, a parcel owner may protest the termination of the PEU by filing written notice with the planning director on a form provided by the planning department. When a protest by a parcel owner is filed, notice and an opportunity to make written comments regarding prior existing use status shall be issued to owners of property within a one-half mile radius of the parcel boundaries of the site. The owner of the parcel subject to the prior existing use may submit written information, and the planning director may gather and consider any information relevant to whether a material site has operated. The planning director may conduct a hearing if he or she believes it would assist the decision-making process. The planning director shall issue a written determination which shall be distributed to all persons making written comments. The planning director’s decision regarding termination of the prior existing use status may be appealed to the planning commission within 15 days of the date of the notice of decision.”
VOTE ON MOTION TO AMEND:
Yes: Chay, Fischer, Germano, Gilman, Martin, Sprague, Superman, Long
No: None
Absent: None
Abstained: Merkes
MOTION TO AMEND PASSED: 8 Yes, 0 No, 0 Absent, 1 Abstention
MOTION TO AMEND: Martin moved to amend Ordinance 2006-01 (Martin) Substitute as follows.
Insert a new final whereas to read, “Whereas, at its regularly scheduled meeting of July 17, 2006, the Planning Commission recommended enactment of the amended ordinance by unanimous consent.”
VOTE ON MOTION TO AMEND:
Yes: Chay, Fischer, Germano, Gilman, Martin, Sprague, Superman, Long
No: None
Absent: None
Abstained: Merkes
MOTION TO AMEND PASSED: 8 Yes, 0 No, 0 Absent, 1 Abstention
MOTION TO POSTPONE: Sprague moved to postpone Ordinance 2006-01 (Martin) Substitute until the August 15, 2006 meeting.
Assembly Member Martin spoke in opposition to postponement.
VOTE ON MOTION TO POSTPONE:
Yes: Sprague
No: Chay, Germano, Gilman, Martin, Merkes, Superman, Long
Absent: None
Abstained: Merkes
MOTION TO POSTPONE FAILED: 1 Yes, 7 No, 0 Absent, 1 Abstention
MOTION TO AMEND: Chay moved to amend Ordinance 2006-01 (Martin) Substitute as follows:
21.29.050(A)(5) to read, “Excavation in the Water Table. Excavation in the water table [WITHIN] greater than 300 horizontal feet of a water source may be permitted with the approval of the planning commission based on the following:”
VOTE ON MOTION TO AMEND:
Yes: Chay, Fischer, Germano, Gilman, Martin, Sprague, Superman, Long
No: None
Absent: None
Abstained: Merkes
MOTION TO AMEND PASSED: 8 Yes, 0 No, 0 Absent, 1 Abstention
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Fischer, Germano, Gilman, Martin, Sprague, Superman, Long
No: None
Absent: None
Abstained: Merkes
MOTION TO ENACT AS AMENDED PASSED: 8 Yes, 0 No, 0 Absent, 1 Abstention
(9:54:58) Ordinance 2006-29: Providing for the Submission to the Qualified Voters of Kenai Peninsula Borough, Alaska, at an Election in and for the Kenai Peninsula Borough on October 3, 2006, the Question of the Issuance of Not to Exceed Two Million Five Hundred Eighty-Eight Thousand Dollars ($2,588,000) of General Obligation Bonds of the Kenai Peninsula Borough to Pay Costs of Educational Capital Improvements in the Kenai Peninsula Borough (Mayor) (Referred to Policies and Procedures Committee)
MOTION: Chay moved to enact Ordinance 2006-29.
President Long called for public comment with none being offered.
MOTION TO AMEND: Chay moved to amend Ordinance 2005-29 as follows:
The first whereas to read, “the State of Alaska has enacted Chapter 7 FSSLA 2005 (SB[75]73) which provides for school debt reimbursement authorized by the qualified voters after June 30, 1999, but before [AND UNTIL] October 31, 2006; and”
MOTION TO AMEND PASSED: Unanimous.
MOTION TO AMEND: Chay moved to amend Ordinance 2005-19 as follows:
Fourth whereas to read, “the capital projects must be approved by the Alaska Department of Education and Early Development (“DEED”) in order to be eligible for reimbursement under the program and DEED
[HAS] is expected to approve[D] the capital projects; and”
MOTION TO AMEND PASSED: Unanimous.
MOTION TO AMEND: Chay moved to amend Ordinance 2005-19 as follows:
Fifth whereas to read, “the [APPROVED] school capital projects proposed for approval have been completed, or will be completed in the near future, and [ARE] will be eligible for a 70% cost reimbursement under the bonding program upon DEED approval; and”
MOTION TO AMEND PASSED: Unanimous.
MOTION TO AMEND: Chay moved to amend Ordinance 2005-19 as follows:
Seventh whereas to read, “the total debt service [ESTIMATED PROJECT COST] including principal and interest is estimated to be $3,243,005;”
Eighth whereas to read, “issuance of bonds that are eligible for 70% reimbursement [WILL] is expected to result in savings to the Borough of approximately $1,031,959, which is the difference between the previous appropriations of $2,004,860 and $972,901, the borough’s portion of the estimated debt service;”
MOTION TO AMEND PASSED: Unanimous.
MOTION TO AMEND: Chay moved to amend Ordinance 2005-19 as follows:
Section 1 to read, “It is hereby determined to be for a public purpose and in the public interest of the Kenai Peninsula Borough (the "Borough") to incur general obligation bonded indebtedness in an amount not to exceed Two Million Five Hundred Eighty-Eight Thousand Dollars ($2,588,000), for the purpose of paying the costs of planning, designing, site preparation, constructing, acquiring, renovating, installing and equipping educational capital improvement projects within the Borough. The educational capital improvement projects may include all of the following projects to the extent they are [AS] approved by the Alaska State Department of Education and Early Development. The Borough will not issue bonds in a principal amount greater than the total estimated cost of projects approved for reimbursement by the Department of Education and Early Development.”
MOTION TO AMEND PASSED: Unanimous.
MOTION TO AMEND: Chay moved to amend Ordinance 2005-19 as follows:
Section 2 to read, “The sum of not to exceed Two Million Five Hundred Eighty-Eight Thousand Dollars ($2,588,000) shall be borrowed by, for and on behalf of the Borough for the aforesaid educational capital improvements and shall be evidenced by the issuance of general obligation bonds of the Borough only if, and to the extent that, the DEED approves the projects. The bond proceeds shall be used only for capital improvements and costs of issuance of the bonds. The full faith and credit of the Borough is pledged for the payment of the principal of and interest on the bonds, and ad valorem taxes upon all taxable property in the Borough shall be levied without limitation (except as may be imposed by State law) as to rate or amount to pay the principal of and interest on the bonds when due.”
MOTION TO AMEND PASSED: Unanimous.
MOTION TO AMEND: Chay moved to amend Ordinance 2005-19 as follows:
Ballot Question in Section 3 to read, “Shall the Kenai Peninsula Borough borrow up to $2,588,000 through the issuance of general obligation bonds for school capital improvement projects?”
MOTION TO AMEND: (Secondary): Germano moved to amend Ordinance 2005-19 as follows:
Section 3 to read, “PROPOSITION NO.– [EDUCATIONAL] SCHOOL CAPITAL IMPROVEMENT BONDS”
SECONDARY AMENDMENT PASSED: Unanimous.
MAIN MOTION AS AMENDED PASSED: Unanimous.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Fischer, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
No: None
Absent: None
MOTION TO ENACT AS AMENDED PASSED: 9 Yes, 0 No, 0 Absent
(10:11:56) Ordinance 2006-31: Eliminating the Sunset Date of Ordinance 2001-27, Relating to the Authority to Exercise Transportation Funding Powers (Mayor) (Referred to Legislative Committee)
Ordinance 2006-31 (Sprague, Martin) Substitute: Seeking Voter Approval for the Borough to Continue to Exercise Transportation Funding Powers (Sprague, Martin) (Referred to Legislative Committee)
MOTION : Sprague moved to enact Ordinance 2006-31.
President Long opened the public comment period with none being offered.
MOTION TO AMEND: Sprague moved to amend Ordinance 2006-31 by substitution.
Assembly Members Superman, Chay, Gilman, Merkes and Germano spoke in opposition to the substitute.
Assembly Members Martin and Sprague spoke in support of amending Ordinance 2006-31 by substitution.
President Long passed the gavel to Vice President Sprague and spoke in opposition to amending Ordinance 2006-031 by substitution. Vice President Sprague returned the gavel to President Long.
VOTE ON MOTION TO AMEND
BY SUBSTITUTION:
Yes: Fischer, Martin, Sprague
No: Chay, Germano, Gilman, Merkes, Superman, Long
Absent: None
MOTION TO AMEND BY
SUBSTITUTION FAILED: 3 Yes, 6 No, 0 Absent
MOTION TO POSTPONE: Merkes moved to postpone Ordinance 2006-31 until the September 5, 2006 meeting.
VOTE ON MOTION TO POSTPONE:
Yes: Fischer, Gilman, Merkes
No: Chay, Germano, Martin, Sprague, Superman, Long
Absent: None
MOTION TO POSTPONE FAILED: 3 Yes, 6 No, 1 Absent
President Long passed the gavel to Vice President Sprague.
MOTION TO AMEND: Long moved to amend Ordinance 2006-31 as follows:
Final whereas to read, “instead of providing for another expiration date for this ordinance, the simpler approach would be to eliminate the repeal date [RECOGNIZE THAT THE EXERCISE OF TRANSPORTATION POWERS IS SUBJECT TO THE APPROPRIATION AND AVAILABILITY OF FUNDS WHICH IS SIMILARLY CONTROLLED BY THE ASSEMBLY BY ORDINANCE];”
Section 1 to read, “That the repeal date of September 30, 2006, in Ordinance 2001-27 is hereby repealed. [THE CONTINUATION OF THE BOROUGH’S EXERCISE OF TRANSPORTATION POWERS IS SUBJECT TO THE APPROPRIATION AND AVAILABILITY OF FUNDS UNLESS TERMINATED EARLIER BY THE ASSEMBLY BY ORDINANCE.]”
MOTION TO AMEND: (Secondary) Germano moved to amend Ordinance 2006-31 as follows:
Delete the fourth whereas clause as follows:
[WHEREAS, THE EXERCISE OF TRANSPORTATION POWERS BY THE ASSEMBLY IS SUBJECT TO THE APPROPRIATION AND AVAILABILITY OF FUNDS WHICH OCCURS EACH YEAR DURING THE BUDGET PROCESS; AND]
Assembly Member Merkes and Martin spoke in opposition to the secondary amendment.
VOTE ON SECONDARY AMENDMENT:
Yes: Chay, Fischer, Germano, Gilman, Superman
No: Martin, Merkes, Sprague, Long
Absent: None
SECONDARY AMENDMENT PASSED: 5 Yes, 4 No, 0 Absent
MAIN MOTION AS AMENDED PASSED: Unanimous.
VOTE ON MOTION TO ENACT AS AMENDED:
Yes: Chay, Fischer, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
No: None
Absent: None
MOTION TO ENACT AS AMENDED PASSED: 9 Yes, 0 No, 0 Absent
(11:01:50)
Ordinance 2005-19-55: Redirecting Funds Previously Appropriated for Software Licensing to Transfers to the General Government Capital Project Fund and Appropriating the Funds to Cover Estimated Travel Costs Associated with the New Computer Aided Mass Appraisal (CAMA) and Tax Billing System (Mayor) (Referred to Finance Committee)
MOTION: Superman moved to enact Ordinance 2005-19-55.
President Long called for public comment with none being offered.
VOTE ON MOTION TO ENACT:
Yes: Chay, Fischer, Germano, Gilman, Martin, Merkes, Sprague, Superman, Long
No: None
Absent: None
MOTION TO ENACT PASSED: 9 Yes, 0 No, 0 Absent
NEW BUSINESS
Resolution 2006-070:Supporting an Application to the U.S. Board on Geographic Names to Officially Name an Unnamed Lake South of Soldotna as Pula Lake (Mayor) (Referred to Lands Committee)
MOTION: Martin moved to adopt Resolution 2006-070.
Assembly Member Martin stated the resolution would name an unnamed lake in the central peninsula.
President Long opened the public comment period with none being offered.
[Clerk’s Note: Assembly Member Merkes was excused from the meeting at 11:05 p.m.]
MOTION TO POSTPONE: Martin moved to postpone Resolution 2006-070 until the September 19, 2006 meeting.
VOTE ON MOTION TO ADOPT:
Yes: Chay, Fischer, Germano, Gilman, Martin, Sprague, Superman, Long
No: None
Absent: Merkes
MOTION TO ADOPT PASSED: 8 Yes, 0 No, 1 Absent
PUBLIC COMMENTS AND PUBLIC PRESENTATIONS - None
ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS
• The next regular meeting of the Kenai Peninsula Borough Assembly was scheduled for August 15, 2006, at 7:00 p.m. in the Borough Assembly Chambers at the Borough Administration Building, Soldotna, Alaska.
(11:11:50) ASSEMBLY COMMENTS
Assembly Member Martin thanked the Assembly for the passage of Ordinance 2006-01 (Martin) Substitute as amended and thanked the Planning staff for all their hard work.
Assembly Member Gilman thanked Assembly Member Martin for her work on Ordinance 2006-01 (Martin) Substitute.
Assembly Member Chay thanked the Planning staff for their work and efforts on Ordinance 2006-01(Martin) Substitute, as well Assembly Member Martin.
Assembly Member Germano thanked Assembly Member Chay for his work on Ordinance 2006-01(Martin) substitute and she also thanked KPB Assessor Shane Horan for information provided to the Assembly regarding senior exemptions nationwide.
Vice President Sprague commented on the Kenai River Bridge construction and announced the first girder was being set after the meeting and invited people to go watch.
Mayor Williams thanked President Long for his attendance at the recent community meetings in Lowell Point, Cooper Landing and at the Borough Building.
President Long thanked Mayor Williams and Borough Clerk Sherry Biggs for their attendance at the recent community meetings.
(11:16:42) ADJOURNMENT
With no further business to come before the assembly, President Long adjourned the meeting at 11:16 p.m.
I certify the above represents accurate minutes of the Kenai Peninsula Borough Assembly meeting of August 1, 2006.
Sherry Biggs, Borough Clerk
Approved by Assembly: