Kenai Peninsula Borough

Action Agenda

May 4, 2004 - 7:00 p.m.
Regular Meeting
City Council Chambers, Seward, Alaska

A. CALL TO ORDER

B. PLEDGE OF ALLEGIANCE

C. INVOCATION

D. ROLL CALL

E.  COMMITTEE REPORTS

1. Motion to authorize President to send a letter to Senate Finance Committee objecting to SB 395 and HB 560.

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.

G. APPROVAL OF MINUTES

*1. April 20, 2004 Regular Assembly Meeting Minutes

*2. April 21, 2004 Board of Equalization Hearing Minutes

H.  COMMENDING RESOLUTIONS AND PROCLAMATIONS

1.  Proclamation Declaring May 2004 as Motorcycle Awareness Month (Mayor)

*2. A Resolution Commending Sarah Glaser for Receiving Regional, State and National Recognition in the National PTA Reflections Program (Long)

*3. A Resolution Commending Chelsea Lechner for Receiving Regional, State and National Recognition in the National PTA Reflections Program (Long)

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

1.  Finance Director Scott Holt, presentation of the Fiscal Year 2004-2005 proposed budget

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:

b.  Approval of contract with Norris and Sons for Calcium Chloride Application - North Region

c.  Approval of contract with 2 Bears Trucking for Calcium Chloride Application - Central & South Region

d.  Approval of contract with Metco for Calcium Chloride Application - East Region

e.  Approval of contract with Integrity Surveys for Surveying and Platting of Exit Glacier Subdivision No. 2

f.  Approval of contract with Rider Hunt Levett Bailey Ltd. for Third Party Cost Estimation Services - CPGH Expansion, Remodel and Renovation

g.  Approval of contract with Segesser Surveys, Inc. for Surveying and Platting Lakeview Estates Subdivision Addition No. 1

h.  Approval to waive formal bidding procedures and utilize Trane Unit Ventilators for Kenai Central High School

i.  Approval to waive formal bidding procedures and utilize Beluga Lake Lodge for appraiser lodging during the reappraisal of the Homer area

M.  ITEMS NOT COMPLETED FROM PRIOR AGENDA - None

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

ENACTED Ordinance 2003-19-42: Appropriating $120,000 from the General Fund for the Replacement of the Gymnasium Floor at Kenai Central High School (Mayor) (Referred to Finance Committee) [Vote: 8 Yes, 0 No, 1 Abstain]

ENACTED AS AMENDED Ordinance 2003-19-43: Appropriating $293,091.15 from South Peninsula Hospital Service Area Fund Balance for Interest Amount Due on the South Peninsula Hospital Service Area General Obligation Bonds That Were Sold as Part of the Hospital Improvement Project (Mayor) (Referred to Finance Committee) [Vote: 9 Yes, 0 No]

ENACTED Ordinance 2003-19-44: Appropriating $30,000 for Cook Inlet Aquaculture Association for a Coho Enhancement Project in the Homer and Seward Areas (Martin, Moss, Long) (Referred to Finance Committee) [Vote: 9 Yes, 0 No]

ENACTED AS AMENDED Ordinance 2004-08: Authorizing a Land Exchange with Offshore Systems - Kenai to Acquire Land to Support the North Peninsula Recreational Service Area Cross-Country Ski Trail (Mayor) (Referred to Lands Committee) [Vote: 9 Yes, 0 No]

O.  UNFINISHED BUSINESS

P.  NEW BUSINESS

1.  Bid Awards

*a. Resolution 2004-045: Authorizing Award of a Contract for the Seward Middle School Phase 2 Site Finishing and Building Construction (Mayor) (Referred to Finance Committee)

*b. Resolution 2004-046: Authorizing Award of a Contract for the Soldotna Middle School Fire System (Mayor) (Referred to Finance Committee)

2.  Resolutions

*a. Resolution 2004-047: Determining the Amount to be Provided From Local Sources for School Purposes During Fiscal Year 2004-2005 (Mayor) (Referred to Finance Committee)

3.  Ordinances

*a. Ordinance 2003-19-48: Accepting and Appropriating $168,000 from the Alaska Department of Environmental Conservation to Purchase Decontamination Showers and Trailers and Associated Equipment (Mayor) (Shortened Hearing on 05/18/04) (Referred to Finance Committee)

b. REMOVED FROM AGENDA AT REQUEST OF MAYOR Ordinance 2003-19-49: Amending Ordinance 2001-19-35 by Authorizing the Use of Spruce Bark Beetle Funds for Utility Right of Way Clearing in the Area South of the Kenai River (Mayor) (Shortened Hearing on 05/18/04) (Referred to Finance Committee)

*c. Ordinance 2004-13: Amending KPB 5.18.430, Sales Tax Computation - Maximum Tax, by Increasing it from $500 to $1,000 (Mayor) (Hearings on 05/18/04 & 06/01/04) (Referred to Policies and Procedures Committee)

*d. Ordinance 2004-14: Amending KPB 21.18.080 to Increase Authorized Conditional Use Permit Terms from Two Years to a Maximum of Six Years (Mayor) (Hearing on 06/01/04) (Referred to Lands Committee)

*e. Ordinance 2004-19: Appropriating Funds for the Fiscal Year 2004-2005 (Mayor) (Hearings on 05/18/04 & 06/01/04) (Referred to Finance Committee)

4.  Other

*a. Petition to vacate the entire Forestline Drive and associated utility easements as dedicated and granted by Forestline Subdivision (Plat KN 79-194 and 83-230) and Cozy Corner Subdivision (Plat KN 84-193); and vacate that portion of Aspen Drive and associated utility easements as dedicated and granted by Forestline Subdivision; within Section 9, Township 5 North, Range 9 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2004-061; Location: Robinson Loop (Referred to Lands Committee)

[Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent subject to the following staff recommendation during its regularly scheduled April 12, 2004 meeting. Staff Recommendations: Submittal of a final plat in accordance with Chapter 20 of the KPB Code plat within one year of vacation approval.]

*b. Petition to vacate a portion of High Seas Court and associated utility easements dedicated by Gillean's Inlet View Subdivision Part One (Plat HM 86-18); within Section 8, Township 5 South, Range 15 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2004-059; Location: East of Old Sterling Highway in Anchor Point (Referred to Lands Committee)

[Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent during its regularly scheduled April 12, 2004 meeting]

QPUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker)

R.  ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

May 18, 2004 7:00 PM Regular Assembly Meeting Soldotna

S.  ASSEMBLY COMMENTS

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

Ordinance 2004-05 (Mayor's Substitute): Amending the Kenai Peninsula Borough Code Chapter 5.12 by Revising Procedures for Appeals to the Board of Equalization (Mayor) (Hearing on 08/03/04) (Referred to Policies and Procedures Committee)

Ordinance 2004-09: Adopting a Revised Comprehensive Plan for the City of Kenai (Mayor) (Hearing on 05/18/04) (Referred to Policies and Procedures Committee)

Ordinance 2004-10: Establishing the Nikiski Law Enforcement Service Area (Superman) (Hearing on 05/18/04) (Referred to Policies and Procedures Committee)

Ordinance 2004-11: Repealing KPB Chapter 14.32, Deleting References to KPB 14.32 in Other Areas of the Code, and Amending KPB Chapter 14.31 Relating to Road Improvement Assessment Districts (Mayor) (Hearing on 05/18/04) (Referred to Policies and Procedures Committee)

Ordinance 2004-12: Amending Service Area Code Provisions Regarding Appointment of Administrators (Mayor) (Hearing on 05/18/04) (Referred to Policies and Procedure Committee)

Ordinance 2003-19-46: Appropriating $175,000 in Supplemental Funding from the Borough Equipment Replacement Fund to Purchase a New Point of Sale System for the School District (Mayor) (Hearing on 05/18/04) (Referred to Finance Committee)

Ordinance 2003-19-47: Appropriating $585,000 from the South Peninsula Hospital Service Area Fund Balance to Provide Supplemental Funding to Cover Losses on Operations of the South Peninsula Hospital (Mayor at the request of the South Peninsula Hospital Service Area Board) (Hearing on 05/18/04) (Referred to Finance Committee)

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) (Tabled on 02/17/04)

U.  INFORMATIONAL MATERIALS AND REPORTS

V.  NOTICE OF NEXT MEETING AND ADJOURNMENT

The next meeting of the Kenai Peninsula Borough Assembly will be held on May 18, 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 714-2160 or toll free within the Borough at 1-800-478-4441, Ext. 2160. Visit our website at www.borough.kenai.ak.us for copies of the agenda, meeting summaries, ordinances and resolutions.