January 7, 2003-7:00 p.m. Regular Meeting - Soldotna, Alaska CALL TO ORDER A Regular Meeting of the Assembly was held on January 7, 2003, in the Assembly Chambers, Borough Administration Building, Soldotna, Alaska. President Sprague called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE AND INVOCATION The Pledge of Allegiance was recited followed by the invocation given by Pastor Phil Edgerly, Reflection Lake Chapel, Kasilof, Alaska. There were present: Pete Sprague, Presiding Paul Fischer Betty Glick Ron Long Milli Martin Grace Merkes Chris Moss Gary Superman comprising a quorum of the assembly. John (excused) Also in attendance were: Dale Bagley, Borough Mayor Colette Thompson, Borough Attorney Linda Murphy, Borough Clerk Sherry Biggs, Deputy Borough Clerk APPROVAL OF AGENDA AND CONSENT AGENDA (Tape 1, 110) MOTION TO APPROVE AGENDAS: Merkes moved for the approval of the agenda and consent agenda. President Sprague called for additions, corrections or deletions to the agenda or consent agenda. January 7, 2003 Vol. 43, Page 1
The following item was withdrawn at the request of the sponsor: Resolution 2003-004: Authorizing the Transfer of $60,000 in Surplus Funds from the Cancelled Records Management Renovation Project to the Borough Administration Office Remodel Project to Partially Fund a Condition and Code Review of the Borough Administration Building (Mayor) (Referred to Finance Committee) The following item was added to the consent agenda: A Resolution Commending the Susan B. English School Volleyball Team as 2002 State Champions (Martin) Copies having been made available to the public, Borough Clerk Linda Murphy noted by title only the resolutions and ordinances on the consent agenda. Resolution 2003-001: Establishing Priorities for Legislative Issues and Capital Projects for the Year 2003 (Legislative Committee) (Referred to Legislative Committee) Resolution 2003-002: Authorizing the Purchase and Installation of a New Copier System for the General Services Print Shop (Mayor) (Referred to Finance Committee) Resolution 2003-003: Supporting a Grant Application by the South Peninsula Behavioral Health Association, Inc. to Replace Aging Vehicles and Purchasing an Additional Car for Transporting Clients (Moss) (Referred to Finance Committee) Ordinance 2002-19-28: Accepting and Appropriating $10,000 from the Alaska Department of Environmental Conservation for the Development and Implementation of Geographic Response Strategies and Authorizing the Mayor to Contract with Cook Inlet Regional Citizens Advisory Council to Provide the Services (Mayor) (Hearing on 02/04/03) (Referred to Finance Committee) Ordinance 2002-19-29: Accepting and Appropriating $25,000 from the Alaska Department of Military and Veterans Affairs, Division of Emergency Services, to Continue the Work of the Local Emergency Planning Committee (Mayor) (Hearing on 02/04/03) (Referred to Finance Committee) Ordinance 2002-19-30: Appropriating Borough Funds in the Amount of $50,000 for Additional Architectural Services for Seward Middle School for the State of Alaska Department of Education and Early Development General Obligation Bond Application Process (Mayor) (Shortened Hearing on 01/21/03) (Referred to Finance Committee) Ordinance 2003-01: Amending the Assembly Agenda s Order of Business to Provide for Committee Reports Prior to Assembly Consideration of Items on the Consent Agenda (Sprague) (Hearing on 02/04/03) (Referred to Policies & Procedures Committee) Vol. 43, Page 2 January 7, 2003
Petition to vacate a portion of Greer Road dedicated adjacent to Lots 6 & 8, Greer Highlands (Plat 97-4 HRD), within Section 21, Township 5 South, Range 12 West, Seward Meridian, Alaska; File No. 2002-267; Location: North of East End Road, Homer area (Referred to Lands Committee) [Clerk s Note: The Planning Commission approved the above referenced vacation by unanimous consent during its regularly scheduled December 9, 2002 meeting.] Report to Assembly Regarding the Destruction of Obsolete Records in 2002 (Referred to Policies & Procedures Committee) President Sprague called for public comment on consent agenda items with none being offered. AGENDAS APPROVED AS AMENDED: Unanimous without objection. (Tape 1, 225) COMMENDING RESOLUTIONS AND PROCLAMATIONS (Tape 1, 230) Assembly Member Fischer presented a commending resolution to Dean Osmar recognizing his heroic rescue efforts in Cook Inlet. Assembly Member Martin recognized Bob and Lora Craig for their commendations from the State of Alaska Department of Health and Social Services Council on Emergency Medical Services. Assembly Member Martin presented a resolution to Sue Hecks in honor of receiving the Governor s Emergency Medical Services Research/Administrator Award for 2002. Assembly Member Martin read aloud a resolution commending the Susan B. English School volleyball team as 2002 state champions and presented certificates of achievement to the students. PUBLIC COMMENTS AND PRESENTATIONS Mike Nugent, General Manager, and Lisa Parker, Community Relations Director for Agrium Kenai Nitrogen Operations, presented an overview of the economic impacts of the Agrium operations. (Tape 1, 1850) Richard Skip Isham, 3308 Colsen Street, Soldotna, AK, asked for support and assistance in establishing a timber cooperative focusing on value added products. COMMITTEE REPORTS (Tape 1, 1980) Assembly Member Moss provided an overview of the Sales Tax Review Committee s meeting and announced the committee has formally disbanded. Assembly Member Moss said the Finance Committee discussed its lengthy agenda. January 7, 2003 Vol. 43, Page 3
Assembly Member Glick reported the Policies and Procedures Committee met and discussed its agenda items. Assembly Member Martin said the Lands Committee addressed its agenda. Assembly Member Long said the Legislative Committee met and discussed its agenda and began discussions on federal legislative priorities. REPORTS OF COMMISSIONS AND COUNCILS -. MAYOR S REPORT (Tape 1, 3335) 1. Agreements and Contracts 2. Other a. Approval of agreement for FY03 between the and the University of Alaska Anchorage, dba Alaska Small Business Center, for professional services rendered by UAA b. Approval of proposal to contract for services with K & C Silviculture to provide 250,000 Lutz Spruce Seedlings a. Memo from Finance Department - Expenditure Report, November 2002 b. Memo from Finance Department - Budget Revisions, November 2002 c. Letter from Sam McLane, Vice Chair of Road Service Area Board, Annual Report PUBLIC HEARINGS ON ORDINANCES Ordinance 2002-19-24: Accepting and Appropriating $80,000 in Federal Funds for Coastline Mapping and Modeling Using Digital Elevation Models and GIS Technologies (Mayor) (Referred to Finance Committee) (Tape 2, 10) MOTION: Moss moved to enact Ordinance 2002-19-24. President Sprague called for public comment with none being offered. VOTE ON MOTION TO ENACT: MOTION TO ENACT PASSED: Vol. 43, Page 4 January 7, 2003
Ordinance 2002-19-26: Authorizing the Acquisition of Land from the University of Alaska for a New Solid Waste Disposal Facility for Seldovia and Appropriating $632,000 from the Land Trust Fund to Acquire the Land (Mayor) (Referred to Lands Committee) (Tape 2, 80) MOTION: Martin moved to enact Ordinance 2002-19-26. President Sprague called for public comment. The following person spoke in opposition to Ordinance 2002-19-26: Dave Chartier, PO Box 153, Seldovia, AK The following people spoke in favor of Ordinance 2002-19-26: Sue Hecks, PO Box 215, Seldovia, AK Dan Hecks, PO Box 215, Seldovia, AK There being no one else who wished to speak, President Sprague closed the public comment period. MOTION: Martin moved to amend Ordinance 2002-19- 26 as follows: Final Whereas to read, the KPB Planning Commission conducted a public hearing during its regularly scheduled meeting of December 9, 2002, and recommended enactment by unanimous consent; Section 4 to read, The proposed classification of this land is government, [AND] rural, and waste handling. VOTE ON MOTION TO AMEND: MOTION TO AMEND PASSED: Lanie Hughes, KPB Environment Coordinator, explained the design and basic operation of borough landfills. January 7, 2003 Vol. 43, Page 5
VOTE ON MOTION TO ENACT AS AMENDED: MOTION TO ENACT AS AMENDED PASSED: Ordinance 2002-19-27: Accepting and Appropriating State and Federal Funds Totaling $1,250,000 for Preliminary Engineering up to and Including Environmental Document Approval, for the Proposed Kenai Spur Road Extension (Mayor) (Referred to Lands Committee) MOTION: Martin moved to enact Ordinance 2002-19-27. President Sprague called for public comment. Hal Becker, PO Box 3243, Soldotna, AK, spoke in favor of Ordinance 2002-19-27. There being no one else who wished to speak, President Sprague closed the public comment period. VOTE ON MOTION TO ENACT: MOTION TO ENACT PASSED: Ordinance 2002-40: Confirming the Assessment Roll for Tote Road and Echo Lake Road Subdivision Utility Special Assessment District and Establishing the Method for Terminating Assessments and Making Refunds to Property Owners (Mayor) (Referred to Finance Committee) MOTION: Moss moved to enact Ordinance 2002-40. President Sprague called for public comment. Hal Becker, PO Box 3243, Soldotna, AK, spoke in favor of Ordinance 2002-40. There being no one else who wished to speak, President Sprague closed the public comment period. (Tape 2, 2330) (Tape 2, 2500) MOTION: Moss moved to amend Ordinance 2002-40 as follows: Section 2 to read,...in the total amount of $628,406.59 [$628,407.36]. Vol. 43, Page 6 January 7, 2003
Section 7 (A) to read,...outstanding balance applied in the order of unpaid costs, penalty, interest [OR] and then principal; and, Second to the owner of record as shown on the most recent record of the Borough Assessor. If any lot or tract within the District is divided into two or more lots, the refund for such resubdivided lots shall be computed by counting the re-subdivided lots as a single lot for purposes of determining the initial refund entitlement. If any lots or tracts are consolidated, the converse shall apply. The initial refund entitlement shall them be divided equally among the [RESUBDIVIDED] subject lots... Section 7 (B) to read, That upon the repayment to the Borough of all indebtedness incurred for this assessment district or after the borough receives the final refund entitlements arising out of new customers connecting to the gas line, any funds remaining in the Reserve and Refund Account shall be distributed as provided under this section. Section 7 (C) to be deleted in its entirety, [THAT AFTER THE BOROUGH RECEIVES THE FINAL REFUND ENTITLEMENTS ARISING OUT OF NEW CUSTOMERS CONNECTING TO THE GAS LINE INSTALLED WITH THE DISTRICT, THE FINANCE DIRECTOR SHALL DISTRIBUTE THE BALANCE OF THE FUNDS BY SENDING TO EACH OWNER OF RECORD AS SHOWN ON THE MOST RECENT RECORDS OF THE BOROUGH ASSESSOR AN AMOUNT EQUAL TO THE FUND BALANCE DIVIDED BY THE NUMBER OF LOTS WITHIN THE DISTRICT. IF ANY LOT OR TRACT WITHIN THE DISTRICT IS DIVIDED INTO TWO OR MORE LOTS, THE REFUND FOR SUCH RE- SUBDIVIDED LOTS SHALL BE COMPUTED BY COUNTING THERE- January 7, 2003 Vol. 43, Page 7
SUBDIVIDED LOTS AS A SINGLE LOT FOR PURPOSES OF DETERMINING THE INITIAL REFUND ENTITLEMENT. THE INITIAL REFUND ENTITLEMENT SHALL THEN BE DIVIDED EQUALLY AMONG THE RE-SUBDIVIDED LOTS.] VOTE ON MOTION TO AMEND: MOTION TO AMEND PASSED: MOTION: VOTE ON MOTION TO AMEND: MOTION TO AMEND PASSED: Moss moved to accept the Tote Road/Echo Lake Road USAD Final Assessment Roll, dated January 7, 2003. VOTE ON MOTION TO ENACT AS AMENDED: MOTION TO ENACT AS AMENDED PASSED: UNFINISHED BUSINESS (Tape 2, 2950) Transfer and Relocation of Liquor License: TO: David and Lynn Hettick, 33508 Lincoln Street, Seward d.b.a. LynDav Waterhole FROM: Kaye Eliason, d.b.a. Ninilchik North Bar (Referred to Finance Committee) [Clerk s Note: A teleconference site was established at Seward City Hall to receive public testimony.] MOTION: Moss moved to issue a letter of non-objection to the Alcoholic Beverage Control Board on the transfer of ownership and relocation of the beverage dispensary liquor license as Vol. 43, Page 8 January 7, 2003
requested by David Wayne Hettick and Lynn Stanton Hettick. President Sprague called for public comment. The following person spoke in opposition to the transfer of liquor license: Bacci Perata, PO Box 1696 Seward, AK The following people spoke in favor of the transfer of liquor license: Lynn Hettick, PO Box 2554, Seward, AK David Hettick, PO Box 2554, Seward, AK Walt Blondin, PO Box 3066, Seward, AK There being no one else who wished to speak, President Sprague closed the public comment period. VOTE ON MOTION: MOTION PASSED: PUBLIC COMMENTS AND PUBLIC PRESENTATIONS -. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS (Tape 2, 3600) Proposed Lowell Point Fire Service Area Public Hearing was scheduled for Noon on January 11, 2003, at the Seward City Council Chambers. The next meeting of the Assembly was scheduled for January 21, 2003, at 7:00 p.m. in the Assembly Chambers, Borough Administration Building, Soldotna, Alaska. ASSEMBLY COMMENTS (Tape 3, 25) Assembly Member Glick stated she and Mr. Fischer would be attending school board budget meetings as appointed representatives of the assembly. Assembly Member Martin traveled with school board members and administrators to the Kachemak Selo School to discuss possible expansion opportunities and view the recent flood damage. Assembly Member Superman announced the Nikiski Community Council was scheduled to meet on January 13, 2003, at the Nikiski Senior Center to discuss the intertie project, the North Road Extension project, and potential land sales by the borough. January 7, 2003 Vol. 43, Page 9
Assembly Member Long thanked the Sales Tax Review Committee for their efforts. ADJOURNMENT (Tape 3, 245) With no further business to come before the assembly, President Sprague adjourned the meeting at 10:20 p.m. I certify the above represents an accurate summary of the assembly meeting of January 7, 2003. Linda S. Murphy, Borough Clerk Vol. 43, Page 10 January 7, 2003