March 5, 1996-7:30 p.m. Regular Meeting Assembly Chambers, Soldotna CALL TO ORDER The Regular Meeting of the Assembly was held on March 5, 1996, in the Assembly Chambers in Soldotna, Alaska. President Scalzi called the meeting to order at 7:30 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited followed by the invocation given by Pastor John Rysdyk, Soldotna Bible Chapel, Soldotna, Alaska. There were present: Drew Scalzi, Presiding Ron Drathman Dale Bagley Jack Brown Grace Merkes Debra Home Mike Wiley Excused absences: Betty Glick Tim Navarre comprising a quorum of the assembly. Also in attendance were: Richard Campbell, Administrative Officer Tom Boedeker, Borough Attorney Gaye 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 adoption of the agenda and consent agenda. March 5, 1996 Volume 38, Page 69
President Scalzi read the consent agenda: Minutes of the Regular Meeting of February 6-7, 1996 Minutes of the Regular Meeting of February 20, 1996 Resolution 96-022: Authorizing Award of a Contract for Professional Services Road Maintenance Design Project (Mayor) (Referred to Finance Committee) Ordinance 96-08: Amending KPB 17.10.080 (H) by Providing a Waiver for Mailing Public Notices to All Owners and/or Leaseholders of Record of Property Located Within a Radius of One-half Mile of the Land to be Classified when the Borough Land being Classified is Part of the Adoption of a Land Use Plan or is within the Boundary of a City with an Adopted Zoning Ordinance (Mayor) (Hearing 4/02/96) (Referred to Land Use Planning Committee) Ordinance 96-09: Accepting and Appropriating a Grant from the State of Alaska for the Coastal Management Program (Mayor) (Hearing 4/02/96) (Referred to Finance Committee) Ordinance 96-10: Authorizing the Sale of 47 Parcels of Borough Land by Sealed Bid Followed by an Over the Counter Sale (Mayor) (Hearing 4/02/96) (Referred to Finance and Land Use Planning Committees) Ordinance 96-11: Establishing a Two Year School Capital Improvement Program and Lapsing Balances on Completed Projects to the General Fund (Mayor) (Hearing 4/02/96) (Referred to Finance Committee) Petition to vacate a portion of Karen Lake Lane and associated utility easements, as dedicated and granted by Brewer Subdivision (Plat 84-135 KRD); Section 34, Township 4 North, Range 11 West, Seward Meridian, Alaska. Vacate all except that portion adjacent to Lot 4, Block 2 of said Brewer Subdivision; KPB File - 96-002 Petition to vacate a portion of Moose Turd Avenue and the underlying section line easement. Vacate the full width of Moose Turd Avenue and Section Line Easement lying between Kalifornsky Beach Road and Cook Inlet. Public right-of-way was dedicated by filing of Kalbea Subdivision (Alaska State Land Survey 75-27) [Plat 75-23 KRD]; and filing of Sea Watch Estates [Plat 83-48 KRD]. Said right-of-way and section line easement are centered on line common to Section 31, Township 5 North, Range 11 West and Section 1, Township 4 North, Range 12 West, Seward Meridian, Alaska; KPB Files - 95-199 & 95-200 Appointment to Economic Development District Board Mike Wiley - term expires December 31, 1996 President Scalzi called for any additions, corrections or deletions to the agenda or consent agenda. Vol. 38, Page 70 March 5, 1996
It was requested to remove the following items from the consent agenda: Resolution 96-022. : Authorizing Award of a Contract for Professional Services Road Maintenance Design Project (Mayor) (Referred to Finance Committee) Petition to vacate a portion of Moose Turd Avenue and the underlying section line easement. Vacate the full width of Moose Turd Avenue and Section Line Easement lying between Kalifornsky Beach Road and Cook Inlet. Public right-of-way was dedicated by filing of Kalbea Subdivision (Alaska State Land Survey 75-27) [Plat 75-23 KRD]; and filing of Sea Watch Estates [Plat 83-48 KRD]. Said right-of-way and section line easement are centered on line common to Section 31, Township 5 North, Range 11 West and Section 1, Township 4 North, Range 12 West, Seward Meridian, Alaska; KPB Files - 95-199 & 95-200 It was requested to add the following item to the consent agenda: A Resolution Commending the Alaska Association of Municipal Clerks on Their 30th Anniversary. It was requested to add the Hazard Mitigation Study Interim Report to the agenda. Finance Committee: Assembly Member Drathman stated that the finance committee unanimously recommended setting for hearing Ordinance 96-09, Ordinance 96-10 and Ordinance 96-11 and for them to remain on the consent agenda. He further stated that it was the committee's recommendation to add the Hazardous Mitigation Study Interim Report to the agenda. Land Use Planning Committee: Assembly Member Merkes stated that the committee recommended the introduction of Ordinance 96-08 and that it remain on the consent agenda. She further stated that a forthcoming amendment would be made at the public hearing scheduled for April 2, 1996. President Scalzi called for any further additions, corrections or deletions to the agenda or consent agenda. Assembly Member Merkes stated that she notified the Deputy Clerk of missing pages in the February 6-7, 1996 minutes. The necessary corrections have been made and the minutes are now complete. VOTE ON MOTION TO APPROVE AGENDA AND CONSENT AGENDA AS AMENDED: Unanimous without objection PUBLIC COMMENTS AND PRESENTATIONS Paul Dale, Kenai, thanked the assembly for sending Assembly Members Scalzi & Merkes to the Board of Fish Hearings. Mr. Dale commented on his concerns regarding the borough's participation with the Kenai River Classic. He stated that the classic was a good fund rasing event which occurs March 5, 1996 Volume 38, Page 71
annually in July. It not only raises money but provides awareness regarding habitat protection on the Kenai River. Mr. Dale felt it was a very good cause; but, questioned the close involvement with the Borough Mayor as the Co-chair of the function. He and others feel that it is a world class fishing event; but, has also become a world class lobbying opportunity. Mr. Dale further stated that the public has not been given an accounting of how funds are raised or spent. He felt that the public should have this information. It was questioned if money was allocated in the Mayor's budget for participation at the Kenai River Classic. Bonnie Golden, Mayor's Assistant, stated that the Mayor does not budget for the classic, but there are funds donated from the borough's budget for the public to attend. Mr. Dale was questioned if he knew how many borough and city representatives were from the Mat- Su Borough at the Board of Fish hearings. He stated that he did not attend the meeting when people from the Mat-Su Borough spoke and was not sure of their attendance. Mr. Dale thought it would be more productive if the board would conduct more of a dialog rather than a set time limit. Ed Martin, Cooper Landing, commented on the definition of oath of office. Mr. Martin referred to Article 12, Section 5 of the State's constitution, regarding oaths of office. He further referred to Alaska State Statutes, Title 39, Public Officers and Employees. He also quoted Daniel Webster's definition on individual's rights. He urged the assembly to come to the rescue to protect his individual rights, the rights of everyone within the borough and state. Sherman "Red" Smith, Cooper Landing, advised the assembly that he is scheduling to speak at the March 19 meeting to discuss the school budget. Mr. Smith referred to the State Constitution, Article 8, Section 4 which deals with the sustain yield principle. He questioned the assembly why the peninsula is in a continued decline of forest productivity and hoped to obtain an explanation. At the President's request, Assembly Member Jack Brown, read the resolution commending Alaska Association of Municipal Clerks on their 30th anniversary. COMMITTEE REPORTS KPB Municipal Coalition: Assembly Member Drathman announced that the Kenai Peninsula Municipal Coalition is scheduled to meet Thursday, March 7 at 10:00 a.m. at the Kenai City Hall. West Homer Elementary School: Assembly Member Drathman provided a progress report for February. He stated that the project is still ahead of time and under budget. Land Use Planning Committee: Assembly Member Merkes stated that Dave Rhodes, Cooper Landing Advisory Planning Commission, provided a presentation regarding the future lands to be classified in that area. She stated that Mr. Martin spoke regarding the classification of his property. Policies & Procedures Committee,: Assembly Member Brown stated that the committee reviewed and recommended approval of the budgets for the Assembly, Clerk's Office, Assembly Elections and Records Management. The assembly's wages were discussed and it was unanimously Vol. 38, Page 72 March 5, 1996
recommended that there be no change. It was recommended to transfer $10,000 from the election postage fund and create an election contingency fund. Legislative Committee - Assembly Member Home stated the committee did not meet; but, members were provided with legislative updates. Economic Development District - Assembly Member Home stated that EDD met in Homer. She stated that Debbie Sedwick, Alaska's Assistant Commissioner for Tourism Trade & Development provided a presentation. Ms. Sedwick has been touring the peninsula. She also met with the oyster growers and toured the proposed shell fish nursery site in Kachemak Bay. Ms. Home announced that a conference has been scheduled for March 25-27 in Anchorage on broadening shell fish farming opportunities. She stated that EDD participated in the successful Village Fair sponsored by Healthy Communities/Healthy People Initiative. Ms. Home announced a computer symposium scheduled for March 30 at the Soldotna Middle School. She further announced the next meeting of EDD is scheduled for March 28 in Kenai. Cook Inlet Aquaculture Association: President Scalzi stated that due to the length of the Board of Fisheries meeting, the regularly scheduled meeting was postponed until later in March. President Scalzi stated that a meeting was held today at 1:00 p.m. with Kelly Haggerty & Associates to discuss the scoping project on Kalifornsky Beach road improvement. They will also meet, later today, with residents who reside along the road to discuss their concerns. President Scalzi stated that a letter was received from local legislators thanking the assembly for the dinner in Juneau. He also received a letter from Representative Joe Green thanking Assembly Members Betty Glick, Tim Navarre and himself for their attendance and comments regarding the analysis of the Kenai Peninsula oil industry. President Scalzi advised that in January 1996 a Memorandum of Understanding was signed by the, Alaska Departments of Fish & Game, Natural Resources and Division of Governmental Coordination. The memorandum agrees to establish the Kenai River Center for the benefit of property owners and the general public. School Board - Assembly Member Wiley reported that the school board met on March 4. He stated that the FY'96-97 budget was presented. A presentation was provided by students of K-Beach Elementary regarding their past seven years as students of the school. Mr. Wiley stated that Lori Cockrell requested to come before the board regarding concerns of her and other parents with the school district utilizing the whole language program versus a phonics program. He stated Kathy Scott, John Dahlgren, Ginger Steffy and Mayor John Williams provided a presentation regarding the proposed Alaska Challenger Learning Center. He said that Angela McKinney stressed her concerns regarding upcoming budget cuts to the Anchor Point music class. Mr. Wiley stated that two students were expelled regarding a bomb threat and substance abuse. He announced that future budget work sessions would be held in Homer on March 18, in Soldotna on April 1. March 5, 1996 Volume 38, Page 73
President Scalzi stated that the assembly and the school board met today in a joint work session to discuss FY'96-97 budget. Assembly Member Drathman advised that Ordinance 96-11 reflects the school district's proposed capital improvements. PUBLIC HEARINGS ON ORDINANCES Ordinance 96-05: (Merkes) Amending Chapter 10.18 Concerning Fireworks Control MOTION: Merkes moved to enact Ordinance 96-05. Assembly Member Merkes stated that the Land Use Planning Committee recommended for the enactment of Ordinance 96-05. Ms. Merkes stated that Assembly Member Brown wished to be added as a sponsor. President Scalzi opened and closed public comment with none being offered. VOTE ON MOTION TO ENACT: Unanimous without objection. NEW BUSINESS Resolution 96-022: Authorizing Award of a Contract for Professional Services Road Maintenance Design Project (Mayor) (Referred to Finance Committee) MOTION: Drathman moved to adopt Resolution 96-022. President Scalzi opened and closed public comment with none being offered. Assembly Member Drathman stated that the Finance Committee recommended adopting Resolution 96-022 as amended. MOTION: Drathman moved to amend Resolution 96-022, second Whereas to read: "three (3) proposals from consulting engineering firms were received and evaluated; and third Whereas to read: the firm of Wm. Nelson & Associates received the highest score; Section 1 to read: That the Mayor is authorized to award a contract in the amount of ninety-two thousand, ninety-nine dollars and no cents ($92,099.00) for the base bid for the Vol. 38, Page 74 March 5, 1996
Professional Services Road Maintenance Design Project." Assembly Member Drathman spoke to the amendments. He stated that Fred Korpinen, Road Maintenance Director, provided copies of all bids received. It was Mr. Korpinen's recommendation to adopt the resolution and award the contract. VOTE ON MOTION TO AMEND: Unanimous without objection. VOTE ON MOTION TO ADOPT AS AMENDED: Unanimous without objection. Petition to vacate a portion of Moose Turd Avenue and the underlying section line easement. Vacate the full width of Moose Turd Avenue and Section Line Easement lying between Kalifornsky Beach Road and Cook Inlet. Public rightof-way was dedicated by filing of Kalbea Subdivision (Alaska State Land Survey 75-27) [Plat 75-23 KRD]; and filing of Sea Watch Estates [Plat 83-48 KRD]. Said right-of-way and section line easement are centered on line common to Section 31, Township 5 North, Range 11 West and Section 1, Township 4 North, Range 12 West, Seward Meridian, Alaska; KPB Files - 95-199 & 95-200 MOTION: Wiley moved to veto the Planning Commission's decision to vacate a portion of Moose Turd Avenue. Scott McLane, McLane Consulting, stated that he represented the petitioners attempting to vacate the section right-of-way. It was their intent to vacate a section line easement and underlying right-of way, then create a new easement which lies further north in an existing ravine, on the south side of the petitioner's property. The existing right-of-way is on impassable terrain between K-Beach Road and the beach. Mr. McLane stated that the proposed easement would provide a better access through the natural ravine. He was questioned if the existing easement was useable. easement was impassable and lead to a sixty-foot bluff. Mr. McLane stated that the existing Mr. McLane was further questioned who would absorb the cost of the surveying. Mr. McLane stated that his clients were willing to absorb the surveying costs. John Kistler, K-Beach Road, stated that he lives near the proposed vacation and thought it was a good idea to move the easement. The public accesses the beach from the ravine because the actual easement is impassable. March 5, 1996 Volume 38, Page 75
Robbie Harris, Borough Planning Department, was questioned why the planning department chose to deny the petition to vacate. Ms. Harris stated that the planning department was following the borough code and the Coastal Zone Management Plan. Ms. Harris warned, if the vacation was approved before the sale of the property, the borough would be left with a substandard lot. She stated that the State of Alaska, DOT stated that they were not in favor of vacating a section line easement. Ms. Harris also felt that the state would not grant a permit to allow for vehicular access to the beach; but, they may approve pedestrian access. A lengthy discussion took place regarding the outcome of vetoing the planning commission's recommendation. Tom Boedeker, Borough Attorney, warned that if the assembly vetoes the vacation, it would be one year before this issue could come before the assembly. The property would have to be classified and/or sold to be considered as new information, then the issue could come back before the assembly. VOTE ON MOTION TO VETO: Yes: No: Merkes, Wiley, Scalzi, Home, Drathman Brown, Bagley 5 Yes, 2 No HAZARD MITIGATION STUDY INTERIM REPORT Rob Robson, Special Projects Engineer, provided an up-to-date report on the Hazard Mitigation Study. He stated that areas covered by the Hazard Mitigation Report involve the Kenai River easterly zone through to the Seward area. Through the public process, the report identifies hazard risks, proposes changes and updates to the floodplain regulations, and lists projects intended to mitigate the impact of future events. Submittal of the report is required prior to the establishment of a final list of projects that may be funded. Approximately $1,000,000 is expected to be dispersed statewide. It has been proposed to install new and upgrade stream gauge sites. The data would accumulated for a five year period for a thorough analysis of the area. The National Weather Service River Forecast Center and DOTPF would share the cost of the project. The borough is presently contributing 50% of the maintenance cost, at approximately $12,400 annually. By adding four additional sites and upgrading equipment, it would raise the annual maintenance costs to $33,000. Mr. Robson requested the assembly's direction and recommendation regarding their interest in funding the additional annual maintenance costs. Mr. Robson was questioned what benefit adding additional sites and improving equipment would gain. Mr. Robson stated that greatest benefit would come from early warning detection devices in the mountain area. The early warning of a flood would aid to the allocation of resources. President Scalzi stated that the action taken at tonight's meeting would be recommending the administration to go forward on the analysis of the project. Vol. 38, Page 76 March 5, 1996
MOTION: Drathman moved to support the Hazard Mitigation Study Interim Report. VOTE ON MOTION: Unanimous without objection. PUBLIC COMMENT - None MAYOR'S REPORT Richard Campbell, Administrative Officer, noted the following information was in the agenda packet: 1. Contract was signed with Steve Rich Contracting Company for the construction of Records Management Fireproof Vault, in the amount of $11.5,500. 2. An approved Kenai River Center Operation Plan is forthcoming. Mr. Campbell stated that the Mayor would be back in his office on March 11. ANNOUNCEMENTS March 7, 1996 10:00 a.m. Kenai Municipal Coalition, Kenai Council Chambers March 11, 1996 7:30 p.m. Planning Commission March 19, 1996 7:30 p.m.. Regular Scheduled Assembly Meeting, Soldotna Assembly Chambers ASSEMBLY COMMENTS Assembly Member Wiley stated that he had a problem using public funds to support the Kenai River Classic. He requested some assurance that the funds were used directly for the river and not supporting lobbying efforts. Mr. Wiley, with respect to the upcoming Kenai Municipal Coalition meeting regarding sales tax, requested that information be obtained regarding eliminating personal property taxes within the next year or two. Assembly Member Drathman requested an excused absence for the March 19 meeting. He stated that he enjoyed the joint meeting with the school district to discuss the budget..mr. Drathman stated that he also enjoyed the presentation from the. Department of Transportation regarding upgrading Kalifornsky Road. He stated that the Finance Committee-has instructed the Borough Finance Department to provided information on the possibility of eliminating personal property tax. Mr. Drathman stated that Senator Leman, held a teleconference meeting of the Senate Finance Committee, in Homer dealing with the Homer Airport Critical Habitat Area. Along with Senator March 5, 1996 Volume 38, Page 77
Leman's staff, Senator Torgerson and Senator Georgiana Lincoln were present to take supportive testimony. Mr. Drathman thanked them for their continued support. Assembly Member Brown requested that, within the next year, an informal meeting could be set up with the Board of Fisheries to discuss problems on the peninsula. Assembly Member Merkes agreed that most of the Board of Fisheries' discussion centered around the Kenai Peninsula area. She requested the Board be invited to meet on the peninsula. President Scalzi announced the First Annual Sea Fair on March 21, 22 and 23. On Sunday, March 24 the First Annual Blessing of the Fleet will be held at the Sea Fair Memorial. They will honor those who have been Iost at sea over the years and to pray for the fleet's safe return in the 1996 season. Richard Campbell, Administrative Officer, stated that a formal report would be provided in the next Mayor's Report regarding the accounting of the Kenai River Classic funds. He stated that he would express to the Mayor the concerns brought up at tonight's meeting. With no further business to come before the assembly, President Scalzi adjourned the meeting at 9:25 p.m. Date Approved Vol. 38, Page 78 March 5, 1996