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. August 17, 2004 Regular Meeting Minutes

*2. August 17, 2004 Board of Equalization Minutes

*1. A Resolution Recognizing Sabrina Malchoff as 2004 Miss Alaska American Coed, Teen Division (Martin)

Arctic Winter Games Quarterly Report (10 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 Breeds Forest Products for Tustumena Lake ROW Project
• Approval of contract with Breeds Forest Products for Willow ROW Project
• Approval of contract with Paul's Services for Kasilof Drive ROW Project

b.  Approval of contract with Blakeley's Auction Company for Public Outcry Auction

d.  Approval of contract with McLane Consulting, Inc. for Tyonek Landfill Site Survey

e.  Approval of contract with Gary E. Boyd & Associates, Inc. for OEM Siren Replacement

f.  Approval of Request for Waiver of Formal Bidding Procedures and award contract to Jaffa Construction for Re-tube Boiler at Homer High School

2.  Other

a.  Capital Projects Quarterly Report - June 30, 2004

b.  Budget Revisions - June/July 2004

c.  Revenue - Expenditure Reports - June/July 2004

M.  ITEMS NOT COMPLETED FROM PRIOR AGENDA

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

ENACTED AS AMENDED 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]   Additional Backup

POSTPONED UNTIL 09/21/04 Ordinance 2004-19-03: Accepting and Appropriating Four Volunteer Fire Assistance Grants from the Alaska Department of Natural Resources (Mayor) (Referred to Finance Committee)

ENACTED Ordinance 2004-19-08: Accepting and Appropriating $22,500 from the Alaska Department of Military and Veterans Affairs to Continue the Work of the Kenai Peninsula Borough Local Emergency Planning Committee (Mayor) (Referred to Finance Committee) [Vote: 9 Yes, 0 No]

ENACTED AS AMENDED 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) (Referred to Lands Committee) [Vote: 9 Yes, 0 No]  Backup   Additional Comments  Memo

ENACTED AS AMENDED Ordinance 2004-28: Establishing the Grande View Heights One Local Option Zoning District, and Amending KPB 21.46.040 (Mayor) (Referred to Lands Committee) [Vote: 9 Yes, 0 No]

O.  UNFINISHED BUSINESS

1.  Notice of Reconsideration

MOTION TO RECONSIDER FAILED 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) (Notice of Reconsideration given by Martin) [Vote: 4 Yes, 5 No]   Additional Comments

P.  NEW BUSINESS

1.  Resolutions

a. POSTPONED UNTIL 10/12/04 Resolution 2004-087: Opposing the Proposed Mixing Zone Revisions to the Alaska Water Quality Standards (Martin) (Referred to Lands Committee)  Backup  Comments

b. POSTPONED UNTIL 09/21/04 Resolution 2004-088: Supporting the Tsalteshi Trails Association 2004 Alaska Department of Natural Resources Recreation Trails Grant Application (Sprague) (Referred to Lands Committee)

*c. Resolution 2004-089: Authorizing the Sale of the Kenai Peninsula Borough and Kenai Peninsula School District Surplus Tangible Property (Mayor) (Referred to Finance Committee)

*a. Ordinance 2004-19-09: Accepting and Appropriating a $50,000 State Grant and Transferring $10,000 to Update the Borough's Coastal Management Plan, and Authorizing Award of a Sole-Source Contract (Mayor) (Shortened Hearing on 09/21/04) (Referred to Finance Committee)

*b. Ordinance 2004-19-10: Accepting and Appropriating a Grant from the United States Department of Agriculture, Forest Service, in the Amount of $70,000 for Forest Health Restoration (Mayor) (Shortened Hearing on 09/21/04) (Referred to Finance Committee)

*c. Ordinance 2004-30: Enacting KPB Chapter 5.12.114 to Provide for Property Tax Reduction for Property Affected by a Disaster (Mayor) (Hearing on 10/12/04) (Referred to Policies and Procedures Committee)

*d. Ordinance 2004-31: Confirming the Assessment Roll for the Char Subdivision Utility Special Assessment District and Establishing the Method for Terminating Assessments and Making Refunds to Property Owners (Mayor) (Hearing on 10/12/04) (Referred to Finance Committee)

*e. Ordinance 2004-32: Amending KPB 16.04.040 Requiring a Public Hearing to be Held Within a Proposed Expanded Service Area Prior to Adoption of an Ordinance Expanding any Such Service Area (Sprague) (Hearing on 10/12/04) (Referred to Policies and Procedures Committee)

*a. Approval of Canvass and Election Boards for the October 5, 2004 Regular Municipal Election (Referred to Policies and Procedures Committee)

*b. Confirming an Appointment to the Road Service Area Board (Referred to Policies and Procedures Committee)

Appointment Board Seat Term Expires

Michael A. Peek North Region September 30, 2004

R.  ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

September 21, 2004 07:00 PM Regular Assembly Meeting Homer

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

Ordinance 2004-19-07: Appropriating $28,000 from the Equipment Replacement Fund to Purchase a Vehicle for the Planning Department (Mayor) (Hearing on 09/21/04) (Referred to Finance Committee)

Ordinance 2004-29: Amending KPB 21.20.250 to Provide for a Reduced Filing Fee, a Payment Plan, or a Waiver of the Filing Fee for Appeals to the Board of Adjustment by Indigent Appellants (Mayor) (Hearing on 09/21/04) (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)

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) (Tabled on 08/03/04)

U.  INFORMATIONAL MATERIALS AND REPORTS

1. Pete Sprague appointed Milli Martin and Dan Chay to represent the Assembly on the School Board Budget Review Committee.