A. CALL TO ORDER

B. PLEDGE OF ALLEGIANCE

C. INVOCATION

D. ROLL CALL

F.  APPROVAL OF AGENDA AND CONSENT AGENDA

(All items listed with an asterisk (*) are considered to be routine and non-controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.

*1. February 3, 2004 Regular Assembly Meeting Minutes

I.  PRESENTATIONS WITH PRIOR NOTICE (Limit to 20 minutes total)

1.  David Martin, Cook Inlet Fishermen's Fund - Presentation seeking funds from the Borough to initiate a lawsuit to repeal regulations that have impacted the Cook Inlet commercial fishing industry [15 minutes]

J.  PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate)

K.  REPORTS OF COMMISSIONS AND COUNCILS

L.  MAYOR'S REPORT

1.  Agreement and Contracts

a.  Spruce Bark Beetle Mitigation Program:

• Approval of contract with Jackinsky Services for Sterling Hwy #1 ROW Project
• Approval of contract with Jackinsky Services for Sterling Hwy #2 ROW Project
• Approval of contract with Jackinsky Services for Sterling Hwy #3 ROW Project
• Approval of Cooperative Agreement between KPB and State of Alaska, Department of Natural Resources, Division of Forestry for 2004 Stewardship Forestry Reforestation Program

b.  Approval of sole source contract with Westlaw for Computerized Legal Research purposes

2.  Other

a.  Budget Revision and Expenditure Report - January 2004

M.  ITEMS NOT COMPLETED FROM PRIOR AGENDA - None

N.  PUBLIC HEARINGS ON ORDINANCES (Testimony limited to 3 minutes per speaker)

1.  ENACTED Ordinance 2004-02: Amending KPB 4.10.120 to Authorize the Purchase of Certain Election Materials Without Obtaining Competitive Bids (Sprague at the request of the Borough Clerk) (Referred to Finance Committee) [Vote: 9 Yes, 0 No]

2.  ENACTED Ordinance 2003-19-34: Authorizing a $50,000 Intergovernmental Loan and Appropriating Funds to the Seward-Bear Creek Flood Service Area to Provide Start-Up Funding to Begin Studies Necessary to Prepare the Development Plan (Long) (Referred to Finance Committee) [Vote: 9 Yes, 0 No]

O.  UNFINISHED BUSINESS

1.  Postponed Items

a.  TABLED Resolution 2003-094: In Support of CS for HB 240 and SB 186, Acts Relating to Charitable Gaming Through Implementation of Electronic Gaming Machines (EGM) in the State of Alaska (Superman) (Referred to Legislative Committee) [Vote: 8 Yes, 0 No, 1 Abstain]

b.  POSTPONED UNTIL 03/16/04 Ordinance 2004-01: Amending KPB Title 16 to Require Public Notice of Vacancies on Service Area Boards Before Such Vacancies are Filled (Martin) (Referred to Policies and Procedures Committee) [Vote: 9 Yes, 0 No]

2.  Notice of Reconsideration

a.  MOTION TO RECONSIDER FAILED Street Name Review as Requested by Maxime H. Dansereau (Amiyung Court - Planning Commission Resolution SN2003-14) (Referred to Lands Committee) [Vote: 3 Yes, 6 No]

[Clerk's Note: Ms. Merkes gave notice of reconsideration of her motion to change Amiyung Court to Canal Court. Original motion failed.]

1.  Bid Awards

*a. Resolution 2004-017: Designating the Newspaper and Awarding the Contract for the Publication of the 2004 Property Tax Foreclosure List, the Delinquent Personal Property Tax and the Delinquent Real Property Lease Lists for the Tax Year 2003 (Mayor) (Referred to Finance Committee)

*b. Resolution 2004-018: Authorizing the Mayor to Execute an Agreement on Behalf of the Anchor Point Fire and Emergency Medical Service Area with the Anchor Point Volunteer Fire Department and Rescue, Inc. (APVFD&R, Inc.) (Mayor at the Request of the APFEMSA Board) (Referred to Finance Committee)

*c. Resolution 2004-019: Authorizing Award of Contract for the Kenai Middle School Bleacher Replacement Project (Mayor) (Referred to Finance Committee)

*d. Resolution 2004-020: Authorizing Award of a Contract for the Purchase of Bulk Calcium Chloride for the Road Service Area Dust Control Program (Mayor) (Referred to Finance Committee)

a. ADOPTED Resolution 2004-021: Supporting the Subdivision of Approximately 867 Acres of Land in the Point Possession Area (Mayor) (Referred to Lands Committee) [Vote: 5 Yes, 4 No] Sprague gave notice of reconsideration

b. POSTPONED UNTIL 03/16/04 Resolution 2004-022: Proceeding with the Char Subdivision Utility Special Assessment District for a Natural Gas Main Line (Mayor) (First of Two Hearings) (Referred to Finance Committee)

c. ADOPTED Resolution 2004-023: Establishing an Additional Projects Manager Position in the Capital Projects Department (Mayor) (Referred to Policies and Procedures Committee) [Vote: 8 Yes, 1 No]

d. ADOPTED Resolution 2004-024: Supporting the Concept of a Statewide Broad Based Visitor Industry Self-Assessment for Tourism Marketing that Includes Funding for Marketing the Kenai Peninsula (Mayor) (Referred to Policies and Procedures Committee) [Vote: 5 Yes, 4 No]

3.  Ordinances

*a. Ordinance 2004-04: Amending the Kenai Peninsula Borough Code to Clarify that the Powers and Duties of Advisory Planning Commissions Include Making Recommendations to the Assembly Through the Planning Commission and Directly to the Assembly Upon Request of the Assembly (Martin) (Hearing on 03/16/04) (Referred to Policies and Procedures Committee)

*b. Ordinance 2004-05: Amending the Kenai Peninsula Borough Code Chapter 5.12 by Revising Procedures for Appeals to the Board of Equalization (Mayor) (Hearing on 03/16/04) (Referred to Policies and Procedures Committee)

*c. Ordinance 2003-19-37: Appropriating $161,809.88 to the Special Assessment Fund for Char Subdivision Natural Gas Line Utility Special Assessment District (Mayor) (Hearing on 03/16/04) (Referred to Finance Committee)

d. SET FOR PUBLIC HEARING ON 03/16/04 Ordinance 2004-19-38: Authorizing the Acquisition of Lots 4, 5, 6 Block 2, Sumpter Subdivision for an Addition to the Sterling Senior Center and Appropriating $60,600 to Acquire the Property and Authorizing the Sale of Subject Lots to the Sterling Area Senior Citizens (Merkes, Mayor) (Hearing on 03/16/04) (Referred to Lands Committee) [Vote: 6 Yes, 3 No]

4. Other

*a. Petition to vacate a portion of Marion Circle, and associated public utility easements, dedicated by Marion Subdivision (Plat KN 1597) and Marion Subdivision Amended Lots 10, 11 and 12 Block 4 (Plat KN 74-108); within Section 14, Township 7 North, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2004-018; Location: East of Island Lake Road in Nikiski (Referred to Lands Committee)

[Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent subject to staff's recommendations during its regularly scheduled January 26, 2004 meeting. Staff recommended approval subject to submittal of a preliminary plat in accordance with Chapter 20 of the KPB Code (submittal of a final plat within one year of vacation approval).]

*b. Appointment of Canvass Board for the March 30, 2004 Special By Mail Borough Election (Referred to Policies and Procedures Committee)

c. ACTION OF PLANNING COMMISSION WAS VETOED Petition to vacate a 1.7-foot portion of the 60-foot access easement to accommodate the existing building, dedicated by Questa Woods Number One (Plat SW 83-15); within Sections 13 & 14, Township 1 North, Range 1 West, Seward Meridian, Alaska: and the Kenai Peninsula Borough; KPB File 2004-020; Location: Off Cherrywood Lane in the Seward Area (Referred to Lands Committee) [Vote: 7 Yes, 2 No]

[Clerk's Note: The Planning Commission approved the referenced vacation during its regularly scheduled February 9, 2004 meeting by a majority vote.]

d. PLANNING COMMISSION UPHELD Petition to vacate a portion of Lincoln Street between Lots 68 & 73, 69 & 72, 70 & 71 and vacate the 20' Alley Way between Bear Lake Road and the North 40 feet of Lot 98, dedicated by Woodrow Alaska (Plat SW #8); within Section 12, Township 1 North, Range 1 West, Seward Meridian, Alaska; and the Kenai Peninsula Borough; KPB File 2004-019; Location Bear Lake area in Seward (Referred to Lands Committee)

[Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent subject to staff's recommendations during its regularly scheduled February 9, 2004 meeting. Staff's recommendations follow:

• Alternate dedication of a right-of-way over the roadway constructed adjacent to and through Lincoln Street.
• Alternate dedication of a right-of-way over the roadway constructed adjacent to and through the alley extending south from Lincoln Street
• Resolution of encroachment problems in Bear Lake Drive with the State of Alaska Department of Transportation or the Kenai Peninsula Borough.
• Extension of the submittal time requirements of KPB Codes: submittal of a preliminary plat in accordance with Chapter 20 of the KPB Code AND submittal of a final plat within tow years of vacation approval.]
 

March 16, 2004 7:00 PM Regular Assembly Meeting Soldotna

T.  PENDING LEGISLATION (This item lists legislation which will be addressed at a later date as noted.)

Ordinance 2003-45: Amending KPB Chapter 5.12 to Provide for a Flat Tax on Aircraft (Moss) (Additional Hearings on 03/16/04 & 04/06/04) (Referred to Finance Committee)

Ordinance 2004-03: Authorizing the Sale of Approximately 0.25 Acres of Land to Herman and Irene Fandel to Resolve a Long Standing Trespass on Borough Land Located within the City of Kenai (Mayor) (Hearing on 03/16/04) (Referred to Lands Committee)

V.  NOTICE OF NEXT MEETING AND ADJOURNMENT

The next meeting of the Kenai Peninsula Borough Assembly will be held on March 16, 2004, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska.

This meeting will be broadcast on KDLL-FM 91.9 (Central Peninsula), KBBI-AM 890 (South Peninsula), K201AO-FM 88.1(East Peninsula).

Copies of agenda items are available at the Borough Clerk's Office or outside the Meeting Room just prior to the meeting. For further information, please call the Clerk's Office at 262-8608 or toll free within the Borough at 1-800-478-4441, Ext. 308. Visit our website at www.borough.kenai.ak.us for copies of the agenda, meeting summaries, ordinances and resolutions.