The Pledge of Allegiance was recited followed by the invocation given by Brother Isaiah Bates, Homer, Alaska.

Transcription

1 Regular Meeting Homer City Council Chambers, Homer September 3, :30 p.m. CALL TO ORDER The Regular Meeting of the Assembly was held on September 3, 1996, in the Homer City Council Chambers, Homer, Alaska. President Scalzi called the meeting to orderat 7:30 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited followed by the invocation given by Brother Isaiah Bates, Homer, Alaska. There were present: Drew Scalzi, Presiding Dale Bagley Jack Brown Ron Drathman One Seat Vacant comprising a quorum of the assembly. Tim Navarre Grace Merkes Mike Wiley Debra Home Also in attendance were: Don Gilman, Borough Mayor Colette Thompson, Acting Borough AttorneyGaye J. Vaughan, Borough Clerk Shirley Olsen, Deputy Borough Clerk APPROVAL OF AGENDA AND CONSENT AGENDA Copies having been made available to the public, President Scalzi noted by title only the resolutions and ordinances on the Agenda and Consent Agenda. MOTION: Brown moved for the approval of the agenda and consent agenda. President Scalzi read the consent agenda: Minutes of the Regular Meeting of August 20, 1996 September 3, 1996 Volume 38, Page 281

2 ! Resolution :Authorizing the Sale of the and Kenai Peninsula Borough School District Surplus Tangible Property (Mayor) (Referred to FinanceCommittee)! Ordinance 96-40:Authorizing the Settlement of Jake Ivanoff s Native Allotment Claim on Borough-selected Land (Mayor) (Hearing 10/08/96) (Referred to Land Use Planning Committee)! Ordinance 96-41:Appropriating $257,600 for Purchase of the Kalifornsky Beach Elementary School Property (Mayor) (Shortened Hearing 9/17/96) (Referred to Finance Committee) Ordinance 96-42:Appropriating $20,000 to the North Peninsula Recreation Service Area Capital Projects Fund (Mayor) (Shortened Hearing 9/17/96) (Referred to Finance Committee) Ordinance 96-43:Authorizing the Mayor to Conditionally Sell Real Property Located in thecooper Landing Vicinity to Pixie Smith (Bagley, Wiley) (Hearing 10/08/96) (Referred to Land Use Planning Committee)! Approval of 1996 Election Workers President Scalzi called for additions, corrections or deletions to the agenda or consent agenda.the following item was removed from the consent agenda:! Ordinance 96-43:Authorizing the Mayor to Conditionally Sell Real Property Located in the Cooper Landing Vicinity to Pixie Smith (Bagley, Wiley) (Hearing 10/08/96) (Referred to Land Use Planning Committee) President Scalzi opened and closed public comment with none being offered. Finance Committee - Assembly Member Drathman stated that the committee recommended for theadoption of Resolution and to remain on the consent agenda. He further stated that Ordinances and were recommended for adoption and to remain on the consent agenda. Land Use Planning Committee - Assembly Member Merkes stated that it was the recommendationof the committee to remove Ordinance from the consent agenda. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED:MOTION PASSED: Unanimous without objection. Vol. 38, Page 282 September 3, 1996

3 PUBLIC COMMENTS AND PRESENTATIONS President Scalzi opened and closed public comment with none being offered. Mayor Gregoire presented to Mayor Don Gilman a plaque commending him for his services as borough mayor. Mayor Gilman thanked everyone for their support over the years. President Scalzi welcomed Representative Gail Phillips, Senator John Torgerson, and members of the Planning Commission. Buzz Kyllonen, Anchor Point, presented and submitted a petition with over 500 signatures protesting Ordinance He did not feel adequate public notice was given for persons affected to respond. He requested the opportunity to study the issues surrounding the impacts of the gravel industry. Mr. Kyllonen requested that the assembly repeal Ordinance The regulations were too restrictive to small businessmen. He further suggested a task force be formed to work with the 9 borough to make the regulations easier to follow. Sharon Knol, Anchor Point, believed everyone has a right to pursue business goals. She commented on the functionality of a gravel pit. She questioned what would be the result if the localgravel pits were regulated out of business. Al Poindexter, Anchor Point, inquired what was the actual problem gravel pits caused since he had not heard of any. He stated there were already state agencies that dealt with gravel pits. He did notfeel it was necessary to have further regulations by the borough. Mr. Poindexter stated that the permitting process was very difficult and time consuming. Mr. Poindexter was questioned what problems he had in obtaining a permit. Carl Glanville, Anchor Point, stated he opposed Ordinance He further stated that the borough was comparable in size to many eastern states and consisted of a population of one city within one of those states. He felt that the restrictions were too restrictive for the size of the borough. It is very difficult to determine the water table of a gravel pit as well as being very expensive. Bill Mullen, Homer, stated before the earthquake of 1964 the gravel was extracted from the Homerspit. Since then, the gravel has come from Anchor Point. Jason Johnson, Anchor Point, favored repealing Ordinance He felt the ordinance targeted the small businessman. He stated that the area has a very high water table and gravel was only located in the Anchor Point area. Mr. Johnson did not approve of the way the ordinance was handled. He felt the industry should have been notified of the upcoming restrictions made by the ordinance. September 3, 1996 Volume 38, Page 283

4 Bill Evans, Anchor Point, stated that the industry was already regulated by the state and the ordinance would put him out of business completely. END OF TAPE 1 OF 4 Gail Phillips, Speaker of the House, Homer, thanked the assembly for meeting in Homer. She thanked Mayor Gilman for all his years of leadership and service to the residents of the Kenai Peninsula. Assemblyman Bagley requested to extend the public comment period beyond the 20 minute aggregate. There being no objection, public comment period was extended. Garner McGinty, Homer, stated that he is dissatisfied with the ordinance and felt it was unfair to the property owners. He felt that a property owner should be allowed to do what he wants with hisproperty. He felt the ordinance was hastily acted upon. John Kosch, Homer, stated that the ordinance appeared to be spot zoning. He noted the public testimony supported repealing and not amending the ordinance. He thanked Mayor Gilman for hisservice. Steve Knol, Anchor Point, stated that the gravel pits have benefited everyone and he has had no problems with them. Initially he opposed the gravel pit across the street because of the noise and traffic, however, he now realizes the value and benefit of the pit. He did not think a buffer on the pit would have made any difference. Roy Morris, Homer, commented on the notification process. He felt that the ordinance was passedtoo quickly without proper public participation. Mr. Morris stated that the ordinance would bring stringent financial burdens. Kenny Dent, Homer, requested that the assembly explain why the ordinance was enacted. Buzz Moore, Homer, stated that he objected to the ordinance and the method used to get it passed.he felt that the ordinance would be very costly in the short term. He felt the ordinance gave too much power to one person. Mr. Moore felt that more notice should have been given to the public. Mike Brantley, Anchor Point, stated that the ordinance dealt with two issues and should have been separated. The ordinance has made it cost prohibitive for him to finish a project he has started. Mr.Brantley would have like to have an opportunity for input regarding the ordinance. Joe Super, Homer, owns a gravel pit and stated that the ordinance would invoke rules that were unfair to the area. Had he not been grandfathered in, he would be out of business. He did not feel there was adequate public notice regarding the ordinance. He wanted the ordinance repealed. Vol. 38, Page 284 September 3, 1996

5 Josephine Shupert, Homer, stated her land adjoins a gravel pit. She has dealt with abuse of the gravel pit and the existing road. She did not think additional regulations were needed but that pit operators needed to abide by regulations. She discussed encroachments onto her land. Buzz Moore, questioned if the Native organizations were exempt from the regulations and he wasinformed they were not. President Scalzi closed the public comment period. COMMITTEE REPORTS Economic Development District - Assembly Member Home reported on the upcoming meetingsof the district. Their next meeting will be September 12. COUNCIL AND COMMISSIONS Mari-Anne Gross, School Board, welcomed the assembly to Homer. She thanked the Borough forthe summer maintenance on the schools. Ms. Gross stated she would be willing to work with the assembly if money was appropriated for thebreakfast program. Leroy Gannaway, Planning Commission, reported on the last meeting of the commission. They discussed wastewater disposal and a land use permit for a correctional/residential center in North Kenai. They held three public hearings and approved eight plats. Five Kenai River Overlay Districtapplications were discussed. Speed limits within the Borough were also discussed. Mr. Gannaway was questioned on the direction the commission took regarding half way houses. He stated it was not a unanimous vote. PUBLIC HEARINGS ON ORDINANCES END OF TAPE 2 OF 4 TAPES Ordinance 96-34:Authorizing Municipal Capital Grant from State for Road Projects and Appropriating $477,644 to Capital Projects Account (Mayor) MOTION: Drathman moved to enact Ordinance Assembly Member Drathman reported that the Finance Committee recommended the enactment ofordinance President Scalzi called for public comment and there was none. September 3, 1996 Volume 38, Page 285

6 VOTE ON MOTION: MOTION PASSED: Unanimous without objection. Ordinance 96-35:Adopting Speed Restrictions for Borough-maintained Roads (Brown, Horne) MOTION: Brown moved to enact Ordinance Assembly Member Merkes reported that the Land Use Planning Committee recommended the enactment of Ordinance President Scalzi called for public comment. MOTION: Wiley moved to amend Ordinance 96-35, Section (A) to read: "No person may drive a motor vehicle including motor driven motorcycles and snow machines[-driven cycle] when lights are required to be turned on Assembly Member Wiley stated he had received calls regarding snow machine traffic on boroughroads. Acting Borough Attorney Thompson stated 13 AAC only deals with motor driven cycles andmay not specifically deal with snow machines. MOTION WITHDRAWN MOTION: Drathman moved to amend Ordinance 96-35, Section (A) and (B) to read: "(A) No person may drive a motorvehicle at a speed greater than is reasonable and prudent considering the traffic, roadway, and weatherconditions. and, "(B)...the state, and no person may drive a motorvehicle at a speed in excess of these maximum limits, unless otherwise posted..." The Mayor stated that this ordinance does apply to snow machines. He felt that further research should be done regarding the ordinance if snow machines were to be included. A lengthy discussion took place regarding the accuracy of utilizing the words "motorized vehicles." Vol. 38, Page 286 September 3, 1996

7 VOTE ON MOTION TO AMEND: Yes: No: MOTION FAILED: Drathman, Home, Wiley Navarre, Merkes, Scalzi, Brown, Bagley 3 Yes, 5 No MOTION: Navarre moved to postpone Ordinance until the September 17 meeting. It was the discussed whether the ordinance should be postponed and whether research was needed for an amendment to include snow machines. VOTE ON MOTION TO POSTPONE: Yes: No: MOTION FAILED: Merkes, Wiley, Bagley, Navarre Brown, Drathman, Home, Scalzi 4 Yes, 4 No MOTION: Navarre moved to amend Ordinance 96-35, Section (4) to read: "Authority [40.100(a)(23)] ". VOTE ON MOTION TO AMEND: MOTION PASSED: MOTION: Unanimous without objection. Merkes moved to amend Ordinance 96-35, by deleting Sections , and Assembly Member Merkes spoke to her motion. She stated that ordinance was too encompassing. She felt the Alaska State Statutes are already in effect and the Borough would be duplicating. VOTE ON MOTION TO AMEND: Yes: No: MOTION FAILED: Bagley, Merkes, Wiley Drathman, Home, Navarre, Scalzi, Brown 3 Yes, 5 No VOTE ON MOTION TO ENACT AS AMENDED: Yes: Brown, Drathman, Home, Navarre, Scalzi No: Bagley, Merkes, Wiley MOTION PASSED: 5 Yes, 3 No September 3, 1996 Volume 38, Page 287

8 UNFINISHED BUSINESS Notice to Reconsider/Rescind Ordinance 96-39:Enacting KPB Chapter 8.10 Providing for Limited Borough-wide Animal Control in the Area Outside Cities (Navarre) (Hearings 9/03/96, 9/05/96, 9/17/96, 11/26/96) MOTION: Brown moved to reconsider Ordinance Finance Committee - Assembly Member Drathman stated that the committee recommended reconsidering and to set for public hearing. Land Use Planning Committee - Assembly Member Merkes stated that the committee was evenlysplit regarding the ordinance. President Scalzi called for public comment. John Farmer, Homer, requested that the ordinance be scheduled for public hearing. He felt that theborough needed animal control and it would be responsible to enact an ordinance. There being no further public comment, President Scalzi closed public comment. Discussion took place regarding the need for the ordinance and whether the ordinance should be setfor public hearing. President Scalzi passed the gavel to Vice President Brown. He stated that the ordinance should beset for public hearing to give the public an opportunity to speak. Vice President Brown passed the gavel back to President Scalzi. VOTE ON MOTION TO RECONSIDER: Yes: No: MOTION PASSED: Navarre, Merkes, Scalzi, Brown, Drathman Wiley, Bagley, Home 5 Yes, 3 No END OF TAPE 3 OF 4 TAPES MOTION: Navarre moved to amend the public hearing dates for Ordinance to October 8, October 29, November 12, and November 26. Assembly Member Navarre stated he would like to set hearings in Seward and Homer as well as have meetings in outlying communities. Vol. 38, Page 288 September 3, 1996

9 VOTE ON MOTION: MOTION PASSED: Unanimous without objection. NEW BUSINESS Ordinance 96-43:Authorizing the Mayor to Conditionally Sell Real Property Located in the Cooper Landing Vicinity to Pixie Smith (Bagley, Wiley) (Hearing 10/08/96) (Referred to Land Use Planning Committee) Bagley moved to set for public hearing MOTION: Ordinance Land Use Planning Committee - Assembly Member Merkes stated that the committee recommended setting a hearing date. President Scalzi opened and closed public comment with none being offered. President Scalzi noted there was a letter of opposition from Bill Stockwell of Cooper Landing.It was discussed whether to set the ordinance for public hearing. President Scalzi passed the gavel to Vice President Brown. He stated that Mr. Smith has attemptedin good faith to obtain a deed for the property. Vice President Brown passed the gavel to President Scalzi. VOTE ON MOTION: Yes: No: MOTION PASSED: Navarre, Merkes, Wiley, Scalzi, Brown, Bagley Drathman, Home 6 Yes, 2 No PUBLIC COMMENTS AND PUBLIC PRESENTATIONS President Scalzi opened public comment with none being offered. Dennis Leach, Homer, spoke regarding Ordinance He stated that all of the gravel for the Homer area comes from Anchor Point. He requested proof that removing gravel from a pit damagesthe water table. The ordinance would significantly increase the cost of gravel, especially in the Homer area. He felt a consultant should be sought for advice. President Scalzi closed the public comment period. September 3, 1996 Volume 38, Page 289

10 MAYOR'S REPORT The Mayor commented on the issue of gravel pits on the peninsula. The Mayor reported that a mining claim resolution would be forthcoming regarding the attempt to advert physical action for eviction. The Mayor awarded the following contracts: Approval of sole source contract with Nor-Pac Systems of Kent, Washington, to purchase six (6)Porter brace and frame units for backboard brace replacements at Kenai Central High School. Award of contract to Blackall's Auction Company for the tangible property auction to be held onseptember 21, Award of contract to Swenson Construction Company for construction of a shed at the Seward Transfer Facility. Approval of contract between the and Mikunda Cottrell and Company foraudit services in the amount of $254, Approval of a contract between the, Central Emergency Services, and Jeanne O'Brien, RN, EMTP, to conduct a Paramedic Refresher class in the amount of $2, Award of contract to Blazy Construction for construction of a Maintenance Building for North Peninsula Recreation Service Area. The Mayor submitted a memo from Planning Department dated August 20, 1996, regarding preliminaryresults from Tax Foreclosure Sale. The Mayor provided the Kenai River Center Report - July 3 through August 21, ANNOUNCEMENTS!! ASSEMBLY COMMENTS September 5, :00 a.m. - Municipal Coalition Meeting scheduled in the Seward City Council Chambers. September 17, :30 p.m. - Regularly scheduled Assembly Meeting in the Borough Assembly Chambers Assembly Member Navarre questioned Gaye Vaughan, Borough Clerk, regarding how the seven precincts were notified for holding the election by-mail. He thanked everyone for their opinions regarding the animal control ordinance. He also thanked everyone from Anchor Point for their comments. Vol. 38, Page 290 September 3, 1996

11 Assembly Member Merkes thanked everyone from Anchor Point that spoke regarding the gravel issue. She also thanked everyone in Homer for welcoming the assembly. Assembly Member Wiley stated that he attended a meeting in Hope regarding transferring the Hope library to the Library Board. He stated that the petition submitted regarding repealing Ordinance was very impressive. He commended the Office of Emergency Management regarding their actions pertaining to the draining of Snow River. Assembly Member Brown thanked everyone for their participation in Industry Appreciation Day. He stated that he has always been known as being very protective of the public's rights but that therights for the majority must be considered. Assembly Member Home stated she had learned from the public testimony. She announced a meeting at 6:30 p.m., September 5, at the Tustumena School to discuss advisory planning commissions. Assembly Member Drathman stated the West Homer Elementary School was nearing completion.he noted a letter regarding the privatization of hospitals. He appreciated the City of Homer presenting Mayor Gilman a plaque. Gaye Vaughan, Borough Clerk, stated ballots for the borough election can be faxed to the voters, but the voters must mail them back. With no further business to come before the assembly, President Scalzi adjourned the meeting at 11:17 p.m. 17, September 3, 1996 Volume 38, Page 291

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