Kenai Peninsula Borough

Action Agenda

October 12, 2004 - 7:00 p.m.
Regular Meeting
Borough Assembly Chambers, 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. September 21, 2004 Regular Meeting Minutes

H.  COMMENDING RESOLUTIONS AND PROCLAMATIONS

1. Proclamation declaring October, 2004, Domestic Violence Awareness Month (Mayor)

2.  Proclamation declaring October 10-16, 2004 as Emergency Nurses Week (Mayor)

*3. A Resolution Commending Ari Goldstein for Winning her Second Cross Country Class 4A Girls State Championship (Sprague)

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

LMAYOR'S REPORT

1.  Agreement and Contracts

a.  Spruce Bark Beetle Mitigation Program:

b.  Approval of contract with Blakeley's Auction Company for Auctioneering Service for the KPB Tax Foreclosure Outcry Auction

c.  Approval of contract with Kenai Peninsula Economic Development District, Inc. for Website Development and Marketing Promoting "Made In Kenai" Products

d.  Approval of contract with Alaska Roadbuilders, Inc. for Paving Services for Parsons N-2 and Neer N-2

e.  Approval of contract with Bailey Engineering & Geology for Survey and Geotechnical Investigation Services for the Nikolaevsk Fire Station Project

f.  Approval of contract with AeroMap U.S. for Aerial Photography/Site Survey at the Homer Landfill

g.  Approval of contract with Property Design, LLC, for Water and Sewer Connections at Fireweed Street and Rockwell Avenue

h.  Approval of contract with Wind and Water Charters and Scuba for Open Water Scuba, Rescue Diver Course for CES

i.  Approval of contract with Fire Control Systems, Inc. for Hood & Duct Fire Suppression Systems Upgrade 2004

j.  Approval of Request for Waiver of Competitive Bidding Requirements for acquisition of a Communications Tower for Kachemak Emergency Service Area

2.  Other

a.  Recap of 2004 Surplus Property Auction

N.  ITEMS NOT COMPLETED FROM PRIOR AGENDA

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

ENACTED Ordinance 2004-19-11: Accepting and Appropriating a Grant in the Amount of $6,000 from the Alaska Division of Homeland Security and Emergency Management for Preparing an All-Hazard Mitigation Plan (Mayor) (Referred to Finance Committee) [Vote: 8 Yes, 0 No, 1 Absent]

ENACTED Ordinance 2004-30: Enacting KPB Chapter 5.12.114 to Provide for Property Tax Reduction for Property Affected by a Disaster (Mayor) (Referred to Policies and Procedures Committee) [Vote: 8 Yes, 0 No, 1 Absent]

AMENDED AND POSTPONED UNTIL 10/26/04 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) (Referred to Finance Committee)

ENACTED AS AMENDED 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) (Referred to Policies and Procedures Committee) [Vote: 8 Yes, 0 No, 1 Absent]

POSTPONED UNTIL 10/26/04 Ordinance 2004-33: Adopting the 2004 Kenai Peninsula Borough All Hazard Mitigation Plan (Mayor) (Final Hearing on 10/26/04) (Referred to Policies and Procedures Committee)

P.  UNFINISHED BUSINESS

1.  Postponed Items

a.  Resolution 2004-087: Opposing the Proposed Mixing Zone Revisions to the Alaska Water Quality Standards (Martin) (Referred to Lands Committee)

ADOPTED AS AMENDED Resolution 2004-087 (Martin) Substitute: Opposing the Proposed Mixing Zone Revisions to the Alaska Water Quality Standards (Martin) (Referred to Lands Commission) [Vote: 8 Yes, 0 No, 1 Absent]

Q.  NEW BUSINESS

1.  Bid Awards

*a. Resolution 2004-095: Authorizing Award of a Contract for Soldotna High School Pavement Crack and Joint Sealing (Mayor) (Referred to Finance Committee)

*b. Resolution 2004-096: Authorizing Award of Contract for Seward Transfer Facility Operations and Maintenance (Mayor) (Referred to Finance Committee)

c.  *Resolution 2004-097: Authorizing Central Peninsula General Hospital, Inc. to Make Modifications to the Current MRI Building to Accommodate the New MRI (Mayor) (Referred to Finance Committee)

d.  *Resolution 2004-098: Authorizing the Negotiation and Contracting for a Consultant to Assist with the Definition of Functional and Technical Requirements, Preparation of a Request for Proposals, and Evaluation of Proposals (Mayor) (Referred to Policies and Procedures Committee)

2. Resolutions

a. ADOPTED Resolution 2004-099: Certifying the Results of the October 5, 2004 Regular Borough Election (Sprague at the request of the Borough Clerk) (Referred to Policies and Procedures Committee)

*b. Resolution 2004-100: Adopting an Alternate Allocation Method for the FY05 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area (Mayor) (Referred to Finance Committee)

c.  ADOPTED Resolution 2004-101: Supporting Use of the Sterling Community Plan as a Tool in the Borough's Comprehensive Plan Process (Merkes) (Referred to Lands Committee)

d.  *ADOPTED AS AMENDED Resolution 2004-102: Authorizing the Acceptance of Late-Filed Senior Citizen and Disabled Veteran Exemption Applications (Mayor) (Referred to Policies and Procedures Committee)

e.  *ADOPTED AS AMENDED Resolution 2004-103: Authorizing the Mayor to Enter into a Lease Agreement with the USDA Forest Service for the Cooper Mountain Communications Site to Support Emergency Management Communications Equipment (Mayor) (Referred to Lands Committee)

f.  *ADOPTED AS AMENDED Resolution 2004-104: Reclassifying Certain Borough Land Located in the Cooper Landing Area Within Section 34, T5N, R3W, S. M., Alaska as Institutional (Mayor) (Referred to Lands Committee)

g.  ADOPTED AS AMENDED Resolution 2004-105: Authorizing the Mayor to Enter into Cooperative Agreements Between the Kenai Peninsula Borough, the Kenai Peninsula Arctic Winter Games 2006 Host Society, and the Cities of Homer, Kenai, and Soldotna (Mayor) (Referred to Polices and Procedures Committee) [Vote: 8 Yes, 0 No, 1 Absent]

h.  *POSTPONED UNTIL 10/26/04 Resolution 2004-106: Establishing Positions in the Solid Waste Department for the Central Peninsula Landfill (Mayor) (Referred to Policies and Procedures Committee)

3.  Ordinances

*a. Ordinance 2004-19-14: Appropriating Supplemental Funding of $17,824 From the Nikiski Senior Service Area Fund Balance to Cover Septic System Repairs and Workers Compensation Insurance Costs in Excess of the Budgeted Amount (Mayor) (Hearing on 11/16/04) (Referred to Finance Committee)

*b. Ordinance 2004-19-15: Appropriating Funds for a 3/4-Time Senior Clerk Typist Position for the Coastal Management Program (Martin) (Hearing on 11/16/04) (Referred to Finance Committee)

*c. Ordinance 2004-19-16: Accepting and Appropriating a State Grant in the Amount of $10,000 for a Flashing Warning Light for the Central Peninsula Emergency Medical Service Area (Mayor) (Hearing on 11/16/04) (Referred to Finance Committee)

*d. Ordinance 2004-19-17: Accepting and Appropriating a State Grant in the Amount of $7,000 for a Sign at Nikiski North Star Elementary School (Mayor) (Hearing on 11/16/04) (Referred to Finance Committee)

*e. Ordinance 2004-19-18: Accepting and Appropriating a State Grant in the Amount of $10,000 for Distance Learning Equipment for the South Kenai Peninsula Hospital Service Area (Mayor) (Hearing on 11/16/04) (Referred to Finance Committee)

*f. Ordinance 2004-19-19: Accepting and Appropriating a State Grant in the Amount of $70,000 for Purchase of a Tanker Truck for the Anchor Point Fire and Emergency Medical Service Area (Mayor) (Hearing on 11/16/04) (Referred to Finance Committee)

*g. Ordinance 2004-19-20: Accepting and Appropriating a State Grant in the Amount of $100,000 for the 2006 Arctic Winter Games (Mayor) (Shortened Hearing 10/26/04) (Referred to Finance Committee)

*h. Ordinance 2004-19-21: Appropriating $275,000 from the Equipment Replacement Fund to Purchase Heavy Equipment for the Central Peninsula Landfill (Mayor) (Hearing on 11/16/04) (Referred to Finance Committee)

*i. Ordinance 2004-35: Amending KPB Chapter 1.12 to Provide For Economic Summaries to be Attached to Proposed Ordinances (Glick) (Hearing on 11/16/04) (Referred to Policies and Procedures Committee)

*j. Ordinance 2004-36: Amending KPB 5.18.430, Sales Tax Computation - Maximum Tax, By Increasing It From $500 to $1000 (Mayor) (Hearings on 10/26/04 & 11/16/04) (Referred to Finance Committee)

4.  Other

*a. Petition to vacate that portion of Michelle Avenue right-of-way and associated public utility easements between Lots 1, 2 and 3 of Beach Road Industrial Park Subdivision (Plat KN 82-74) and between Lot 1 Block 1 and Lot 5 Block 2 of Holland Park Subdivision First Addition (Plat KN 80-02) within Section 26, Township 5 North, Range 11 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2004-188 - Petitioners: Don & Alma Burns, Earl C. Mundell, Irving R Carisle and Ridge Properties of Soldotna, Alaska; Location: West of Kalifornsky Beach Road (Referred to Lands Committee)

[Clerk's Note: The Planning Commission approved the referenced vacation by unanimous consent during its regularly scheduled September 27, 2004 meeting.]

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

Appointment Board Seat Term Expires

Michael A. Peek North Region September 30, 2007

Sam McLane At-Large September 30, 2007

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

    SEATING OF ASSEMBLY MEMBERS - Clerk swore in newly re-elected Assembly members Fischer & Sprague

S.  ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

October 26, 2004 07:00 PM Regular Assembly Meeting Soldotna

T.  ASSEMBLY COMMENTS

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

Ordinance 2004-19-12: Appropriating $37,500 in Supplemental Funding from the General Fund for the Solid Waste Capital Improvements Program, Tyonek Landfill - Burn Box Purchase, Transportation & Installation (Mayor) (Hearing on 10/26/04) (Referred to Finance Committee)

Ordinance 2004-19-13: Authorizing the Acquisition of Lots 5, 6 & 7, Block 3, Hillcrest Subdivision, Plat No. KN 1514, Kenai Recording District for an Addition to the Central Emergency Services Facility and Appropriating $75,500 from the Land Trust Fund to Acquire the Property (Mayor) (Hearing on 10/26/04) (Referred to Lands Committee)

Ordinance 2004-33: Adopting the 2004 Kenai Peninsula Borough All Hazard Mitigation Plan (Mayor) (Second Hearing on 10/26/04) (Referred to Policies and Procedures Committee)

Ordinance 2004-34: Amending KPB 16.04.080 to Clarify Procedures Regarding Service Area Directors' Employment (Superman) (Hearing on 10/26/04) (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)

V.  INFORMATIONAL MATERIALS AND REPORTS

W.  NOTICE OF NEXT MEETING AND ADJOURNMENT

The next meeting of the Kenai Peninsula Borough Assembly will be held on October 26, 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.