A. CALL TO ORDER

B. PLEDGE OF ALLEGIANCE

C. INVOCATION

D. ROLL CALL

1. Borough Clerk & Deputy Clerk to Receive a 4.27% Salary Increase Retroactive to July 1, 2004.

(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. July 6, 2004 Regular Meeting Minutes

*2. July 7, 2004 Board of Equalization Hearing Minutes

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

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

a.  Spruce Bark Beetle Mitigation Program:

• Approval of Contract with Tinker Creek Surveys for Kasilof Drive Surveying Project

Approval of contract with McLane Consulting Group for Engineering Estimate for the Westbrook Subdivision RIAD Project

Approval of contract with Northwest Carpet Company, LLC for Nanwalek School Flooring Replacement

Approval of contract with McLane Consulting Group for Phase I Quality Control Testing for Central Peninsula General Hospital

Approval of bid award to Redoubt Industries, Inc. for Well Water Cooling Project at Central Peninsula General Hospital

Approval of bid award to Coast Range Construction, Inc. for Clinic Demolition at South Peninsula Hospital

M.  ITEMS NOT COMPLETED FROM PRIOR AGENDA - None

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

POSTPONED UNTIL 09/07/04 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) (Referred to Policies and Procedures Committee) [Vote: 9 Yes, 0 No]

FAILED Ordinance 2004-21: Providing for a Vote on the Question of Adopting a Manager Plan of Government at the Next Regular Election (Glick) (Referred to Policies and Procedures Committee) [Vote: 4 Yes, 5 No]

ENACTED AS AMENDED Ordinance 2004-22: Expanding the Central Emergency Service Area to Include the Funny River Area and/or the Kasilof/Cohoe/Clam Gulch Area (Mayor) (Referred to Policies and Procedures Committee) [Vote: 9 Yes, 0 No]

ENACTED 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) (Referred to Finance Committee) [Vote: 5 Yes, 4 No]

TABLED 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) (Referred to Finance Committee) [Vote: 6 Yes, 3 No]

ENACTED AS AMENDED Ordinance 2004-25: Authorizing the Sale of 33 Parcels of Borough Land by Sealed Bid (Mayor) (Referred to Lands Committee) [Vote: 6 Yes, 3 No]

[Clerk's Note: A teleconference site will be established at the Kenai Peninsula Borough Homer Assessing Office to receive public testimony on the above ordinance.]

POSTPONED UNTIL 08/17/04 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)

[Clerk's Note: A teleconference site will be established at the Kenai Peninsula Borough Homer Assessing Office to receive public testimony on the above resolution.]

Bid Awards

*a. Resolution 2004-070: Authorizing Award of Contracts for one (1) Group A and Five (5), Group B Road Capital Improvement Projects (Mayor) (Referred to Finance Committee)

*b. Resolution 2004-071: Authorizing Award of a Contract for the Old Exit Glacier Bridge No. 2 Capital Improvement Project (Mayor) (Referred to Finance Committee)

*c. Resolution 2004-072: Authorizing Award of Contract for the Central Peninsula Landfill Closure Design (Mayor) (Referred to Finance Committee)

a. POSTPONED UNTIL 08/17/04 Resolution 2004-073: Authorizing the Assessor to Assess Low-Income Housing Tax Credit (LIHTC) Projects based on Restricted Rents (Mayor) (Referred to Finance Committee)

b. POSTPONED UNTIL 08/17/04 Resolution 2004-074: Authorizing the Mayor to Enter a Maintenance Agreement for the Bear Creek Fire Service Area Flashing Beacon (Mayor) (Referred to Finance Committee)

c. POSTPONED UNTIL 08/17/04 Resolution 2004-075: Amending the Assembly Manual to Clarify the Assembly's Position with Respect to Assembly Business Cards, to Give Guidance to Assembly Members Attending the Alaska Municipal League's Annual Conference, and to Conform to Provisions in the Borough Code and Alaska Statues Relating to Public Notice Required for Special Meetings of the Assembly (Policies and Procedures Committee) (Referred to Policies and Procedures Committee)

d. ADOPTED Resolution 2004-076: Reclassifying Certain Borough Land Located in the Bean Creek Area of Cooper Landing Pursuant to KPB Code of Ordinances, Chapter 17.10.080 (Mayor) (Referred to Lands Committee) [Vote: 9 Yes, 0 No]

e. ADOPTED AS AMENDED Resolution 2004-077: Classifying Certain Borough Land Pursuant to KPB Code of Ordinances, Chapter 17.10.080 (Mayor) (Referred to Lands Committee) [Vote: 9 Yes, 0 No]

f. POSTPONED UNTIL 08/17/04 Resolution 2004-078: Establishing a Policy Regarding Use of the Internet by Assembly Members During Regular Assembly Meetings and Assembly Committee Meetings (Glick) (Referred to Policies and Procedures Committee)

Ordinances

*a. Ordinance 2004-19-03: Accepting and Appropriating Four Volunteer Fire Assistance Grants from the Alaska Department of Natural Resources (Mayor) (Hearing on 09/07/04) (Referred to Finance Committee)

*b. Ordinance 2004-19-04: Appropriating $790,000 from the Land Trust Fund for Constructing Roads and Utilities in Birch and Grouse Ridge Subdivision (Mayor) (Shortened Hearing on 08/17/04) (Referred to Finance Committee)

*c. Ordinance 2004-19-05: Appropriating $217,975.05 to the Special Assessment Fund for Tustumena Terrace Natural Gas Line Utility Special Assessment District (Mayor) (Shortened Hearing 08/17/04) (Referred to Finance Committee) [Vote: 8 Yes, 0 No, 1 Abstain]

*d. Ordinance 2004-19-06: Accepting a $40,450 Grant from the State of Alaska for the Borough's Coastal Management Program (Mayor) (Shortened Hearing 08/17/04) (Referred to Finance Committee)

*e. Ordinance 2004-27: Approving Birch and Grouse Ridge Subdivision Local Option Zoning District as a Rural-Residential (R-R) District, and Amending KPB Chapter 21.46.030 (Mayor) (Hearing on 09/07/04) (Referred to Lands Committee)

*f. Ordinance 2004-28: Establishing the Grande View Heights One Local Option Zoning District, and Amending KPB 21.46.040 (Mayor) (Hearing on 09/07/04) (Referred to Lands Committee)

*a. Approving the Application for Restaurant Designation Permit filed by Bear Creek Lodge in Hope, Alaska (Referred to Finance Committee)

*b. Petition to vacate Balsa Wood Court a 50-foot public Rights-of-Way, and associated public utility easements, dedicated by Gaede Eighty Subdivision Addition No. Three (Plat KN 97-27); within Section 35, Township 5 North, Range 11 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2004-170 (Referred to Lands Committee)

[Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent during its regularly scheduled July 19, 2004 meeting.]

*c. Petition to vacate a portion of Lakeview Lane, dedicated by Lakeview Estates Subdivision (Plat KN 79-41); within Section 33, Township 4 North, Range 11 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2004-166 (Referred to Lands Committee)

[Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent during its regularly scheduled July 19, 2004 meeting.]

ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

August 17, 2004 07:00 PM Regular Assembly Meeting Soldotna

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

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)

INFORMATIONAL MATERIALS AND REPORTS

NOTICE OF NEXT MEETING AND ADJOURNMENT

The next meeting of the Kenai Peninsula Borough Assembly will be held on August 17, 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.