Kenai Peninsula Borough

Action Agenda

July 6, 2004 - 7:00 p.m.
Regular Meeting
Borough Administration Building, Soldotna, Alaska

A. CALL TO ORDER

B. PLEDGE OF ALLEGIANCE

C. INVOCATION

D. ROLL CALL

E.  COMMITTEE REPORTS

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. June 08, 2004 Board of Equalization Hearing Minutes

*2. June 14, 2004 Special Assembly Meeting Minutes

*3. June 15, 2004 Regular Assembly Meeting Minutes

H.  COMMENDING RESOLUTIONS AND PROCLAMATIONS

1.  A Resolution Commending Stacey Borgman for Qualifying for the 2004 Summer Olympics (Martin, Moss)

2.  A Resolution Commending Tela O'Donnel for Qualifying for the 2004 Summer Olympics (Martin, Moss)

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

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

K.  REPORTS OF COMMISSIONS AND COUNCILS

LMAYOR'S REPORT

1.  Agreement and Contracts

Spruce Bark Beetle Mitigation Program:

Approval of contract with Harbor Enterprises dba Petro Marine Services Alaska Oil Sales for twenty-four hour credit card access for diesel fuel at Soldotna Petro Express for CES

Approval of contract with Car Killer for Junk Vehicle and Metals Recycling Project at the Homer Landfill

Approval of contract with Russ's Construction for Sanding and Painting Stage Floor area at Soldotna High School

Approval of contract with Commercial Contractors Inc. for Installation of Automatic Door Openers at Homer, Skyview and Seward High Schools

Approval of contract with Gabrielle LaRoche for Coastal Plan Evaluation

Approval of contract with Steve Rutherford Floor Covering for Kenai Central and Kenai Alternative High Schools Flooring Replacement 2004 Project

Approval of contract extension with Raven Contractors, Inc. for Light/Heavy Duty Vehicle Maintenance for CES

Approval of contract with Steve T. Goniotakis for Technical Laboratory Consulting Services for CES

Approval of contract with Steve Rutherford Floor Covering for Minor Flooring Project at Port Graham Library

Approval of contract with Peninsula Roofing for Asbestos Abatement at South Peninsula Hospital

Other

Memo from Paul Ostrander, Land Management Officer, regarding Additional Leased Space by CES at the Funny River Emergency Services Fire Station

M.  ITEMS NOT COMPLETED FROM PRIOR AGENDA - None

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

ENACTED Ordinance 2004-19-01: Accepting and Appropriating a Grant from the Alaska Homeland Security and Emergency Management Division in the Amount of $724,924 for Purchase of Communications Equipment (Mayor) (Referred to Finance Committee) [Vote: 8 Yes, 0 No, 1 Absent]

ENACTED Ordinance 2004-19-02: Accepting and Appropriating a Grant from the Alaska Division of Homeland Security and Emergency Management in the Amount of $113,564.31 for Community Emergency Response Teams (Mayor) (Referred to Finance Committee) [Vote: 8 Yes, 0 No, 1 Absent]

ENACTED Ordinance 2003-19-56: Approving a Revised School Budget and Appropriating $9,416 from the General Fund to Provide Supplemental Funding From Local Sources for School Purposes During Fiscal Year 2003-2004 (Mayor) (Referred to Finance Committee) [Vote: 8 Yes, 0 No, 1 Absent]

ENACTED Ordinance 2003-19-57: Accepting and Appropriating $1,395 from the Alaska Division of Homeland Security and Emergency Management for the Kenai Peninsula Borough Local Emergency Planning Committee (Mayor) (Referred to Finance Committee) [Vote: 8 Yes, 0 No, 1 Absent]

ENACTED Ordinance 2003-19-58: Redirecting Funds from a Canceled Capital Project to Provide Additional Funding for Projects Whose Cost Estimates Have Exceeded the Amount Previously Appropriated (Mayor) (Referred to Finance Committee) [Vote: 8 Yes, 0 No, 1 Absent]

ENACTED AS AMENDED Ordinance 2004-18: Authorizing the Lease of Government Lot 1, ASLS No. 2002-046, According to Plat No. 2003-6 Seward Recording District at Other Than Fair Market Value to the Hope/Sunrise Volunteer Fire Department (Mayor) (Referred to Lands Committee) [Vote: 8 Yes, 0 No, 1 Absent]

ENACTED AS AMENDED Ordinance 2004-20: Extending the Deadline in Ordinance 2001-16 Regarding Certain Grazing Leases (Mayor) (Referred to Lands Committee) [Vote: 8 Yes, 0 No, 1 Absent]

O.  UNFINISHED BUSINESS

Postponed Items

POSTPONED UNTIL 08/03/04 Resolution 2004-051: Supporting the Designation of the Sterling Highway as a State Scenic Byway Between Skilak Road and Anchor Point by the Alaska Department of Transportation and Public Facilities (Martin) (Referred to Lands Committee)  Handout @ Meeting

ENACTED AS AMENDED Ordinance 2004-12 (Mayor's Substitute): Amending Service Area Code Provisions Regarding Appointment of Administrators (Mayor) (Referred to Policies and Procedures Committee) [Vote: 6 Yes, 2 No, 1 Absent]

P.  NEW BUSINESS

1.  Bid Awards

*a. Resolution 2004-066: Authorizing Award of Contract for Central Peninsula Landfill Fencing (Mayor) (Referred to Finance Committee)

2.  Resolutions

a. ADOPTED Resolution 2004-063: Establishing Necessity for the Tustumena Terrace Subdivision Utility Special Assessment District for Construction of a Natural Gas Main Line (Mayor) (Referred to Finance Committee) [Vote: 7 Yes, 0 No, 1 Absent, 1 Abstain]

*b. Resolution 2004-067: Authorizing the Expenditure of $90,300 from the Road Service Area Capital Improvement Project Funds to the Keystone Drive Road Improvement Project as the Local Match for the Statewide Transportation Improvement Program Required to Expend Federal Funds (Mayor) (Referred to Finance Committee)

*c. Resolution 2004-068: Rescinding a $170,000 Allocation and Approving the Allocation of $7,200 from the Road Service Area Capital Improvement Project Fund to a Local Match for the Statewide Transportation Improvement Program for Echo Lake Road (Mayor) (Referred to Finance Committee)

d. ADOPTED Resolution 2004-069: Approving a New Collective Bargaining Agreement (Mayor) (Referred to Policies and Procedures Committee) [Vote: 8 Yes, 0 No, 1 Absent]

3.  Ordinances

a. SET FOR PUBLIC HEARING ON 08/03/04 Ordinance 2004-21: Providing for a Vote on the Question of Adopting a Manager Plan of Government at the Next Regular Election (Glick) (Hearing on 08/03/04) (Referred to Policies and Procedures Committee) [Vote: 5 Yes, 3 No, 1 Absent]

*b. Ordinance 2004-22: Expanding the Central Emergency Service Area to Include the Funny River Area and/or the Kasilof/Cohoe/Clam Gulch Area (Mayor) (Hearing on 08/03/04) (Referred to Policies and Procedures Committee)

*c. Ordinance 2004-23: Amending KPB 5.12.115 to Increase the Residential Real Property Exemption from $10,000 to $20,000 (Superman, Mayor, Fischer, Martin) (Hearing on 08/03/04) (Referred to Finance Committee)

*d. Ordinance 2004-24: Providing for the Submission to the Qualified Voters of the Nikiski Fire Service Area in the Kenai Peninsula Borough, Alaska, the Question of the Issuance of One Million Nine Hundred Ninety-Five Thousand Dollars ($1,995,000) of General Obligation Bonds of the Nikiski Fire Service Area to Pay the Costs of the Nikiski Fire Station 3 in the Nikiski Fire Service Area, at an Election in and for the Service Area on October 5, 2004 (Mayor) (Hearing on 08/03/04) (Referred to Finance Committee)

*e. Ordinance 2004-25: Authorizing the Sale of ___ Parcels of Borough Land by Sealed Bid (Mayor) (Hearing on 08/03/04) (Referred to Lands Committee)

*f. Ordinance 2004-26: Amending KPB 17.10.040 to Authorize the Acquisition of Interests in Lands and Resources Costing $15,000 or Less Without Assembly Approval (Mayor) (Hearing on 08/03/04) (Referred to Lands Committee)

4.  Other

*a. Petition to Vacate a Portion of Tanadak Street as dedicated by Tote View Subdivision (Plat KN 2001-5) and Stubblefield Subdivision Addition No. 3 (Plat KN 77-48); within Section 21, Township 4 North, Range 11 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2004-124 (Referred to Lands Committee)

[Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent subject to staff's recommendation during its regularly scheduled June 14, 2004 meeting. Staff recommended approval subject to:

*b. Petition to Vacate rights-of-way and utility easements dedicated by Kalifornsky Beach Industrial Park and Kalifornsky Beach Industrial Park Addition No. 01 (Plat 73-23): Portion of Second Street and utility easements associated within Blocks 7 & 8. (Plat 74-35): Portions of Second Street, B Avenue, C Avenue, D Avenue and all of Fourth Street, Fifth Street, Sixth Street, F Avenue, H Avenue and associated utility easements within Blocks 9 thru 36; Section 29, Township 5 North, Range 11 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2004-128 (Referred to Lands Committee)

[Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent subject to staff's recommendation during its regularly scheduled June 14, 2004 meeting. Staff recommended approval be subject to submittal of a final plat within one year of vacation approval.]

*c. Petition to Vacate a portion of Byrd Drive and associated utility easements, dedicated by Pilot's Bend Subdivision Part Four (Plat KN 98-50); and vacate a portion of Birdie Circle and Estelle Avenue and all associated utility easements dedicated by Bird Homestead Subdivision (Plat KN 2002-33); within Sections 27 & 28, Township 5 North, Range 9 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2004-140 (Referred to Lands Committee)

[Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent subject to staff's recommendation during its regularly scheduled June 14, 2004 meeting. Submittal of final plat within one year of vacation approval.]

*d. Confirming Appointments to the Borough Planning Commission (Referred to Policies and Procedures Committee)

Applicant                             Represented Area                                             Term Expires

Philip W. Bryson                  City of Kenai                                                     July 31, 2007

Thomas H. Clark                 Anchor Point/Ninilchik Area                                 July 31, 2007

Dr. Rick Foster                     City of Homer                                                     July 31, 2007

William Hutchinson                 Ridgeway Area                                                 July 31, 2007

Todd R. Petersen                 East Peninsula                                                     July 31, 2007

Q.  PUBLIC COMMENTS AND PUBLIC PRESENTATIONS (3 minutes per speaker)

R.  ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

July 7, 2004 09:00 AM Board of Equalization Hearing Soldotna

July 8, 2004 09:00 AM Board of Equalization Hearing Soldotna

August 3, 2004 07:00 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)

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 August 3, 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.