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. March 1, 2005 Regular Meeting Minutes as amended 

K.  REPORTS OF COMMISSIONS AND COUNCILS

L.  MAYOR'S REPORT

1.  Agreement and Contracts

a.  Approval of sole source contract with Mackey Lake Welding for Baler Rebuild/Reline at Central Peninsula Landfill

b.  Approval of bid award and contract with Alaska Oil Sales for Fuel Supply and Delivery at Central Peninsula Landfill

2.  Other

a.  Memo from Gary Davis, Roads Director regarding the Kenai Spur Extension Project

M.  ITEMS NOT COMPLETED FROM PRIOR AGENDA

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

1.  ENACTED AS AMENDED Ordinance 2004-19-39: Transferring $53,871.48 to the Road Service Area Henry Creek Bridge Capital Improvement Project from Completed Capital Improvement Projects and Awarding the Henry Creek Bridge Project to Covey Enterprises (Mayor) (Referred to Finance Committee) [Vote: 8 Yes, 0 No, 1 Absent]

2.  POSTPONED UNTIL 04/05/05 Ordinance 2005-05: Enacting KPB Chapter 5.19, Providing for a Transient Accommodations Tax and Providing for the Submission to the Voters of a Proposition Authorizing the Borough to Impose this Tax (Glick) (Second of Four Hearings) (Referred to Policies and Procedures Committee)  Backup 1   Backup 2

O.  UNFINISHED BUSINESS

P.  NEW BUSINESS

1.  Bid Awards

*a. Resolution 2005-019: Authorizing Award of a Contract for the Central Peninsula General Hospital, Phase 2, Expansion and Renovation (Mayor) (Referred to Finance Committee)

*a. Resolution 2005-020: Accepting Rescue Equipment from the Southern Region Emergency Medical Services Council, Inc., on Behalf of Kachemak Emergency Services (Mayor) (Referred to Finance Committee)

*b. Resolution 2005-021: Urging the Alaska Department of Transportation to Take Immediate Action to Address the Dangerous Conditions Relating to Milepost 166 - 169 of the Sterling Highway (Moss) (Referred to Legislative Committee)

*c. Resolution 2005-022: Requesting That If the Capital Is Moved the State Consider Moving the Capital to the Kenai Peninsula Borough (Fischer) (Referred to Legislative Committee)

*d. Resolution 2005-023: 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 2005-024: Supporting HB 19 and Alaskans' Right to Know About Pesticide Use in Public Places (Chay) (Referred to Legislative Committee)  Backup

*f. WITHDRAWN BY SPONSOR Resolution 2005-025: Requesting the Mayor Spend up to $6,000 to Hire an Independent Consultant to Perform a Functional, Social, and Economic Audit of Carts, CEDD, EDD, and General Services Print/Mail (Chay) (Referred to Finance Committee)

*a. Ordinance 2004-19-43: Accepting and Appropriating a Grant from the U. S. Department of Homeland Security in the Amount of $51,818 for Firefighting Equipment for Kachemak Emergency Services and Appropriating $5,757 for the Local Match (Mayor) (Hearing on 04/19/05) (Referred to Finance Committee)

*b. Ordinance 2005-09: Amending the Borough Code to Provide for Increased Revenue Enhancement Measures Including Reducing the Senior Citizen/Disabled Veterans Property Tax Exemption to the First $200,000 in Value of Real Property Otherwise Eligible for the Exemption, Increasing the Borough Sales Tax Rate to 2.5 Percent, Amending KPB 5.18 to Provide that Taxes on Recreational Package Sales Shall be Calculated on a Per-Person Per-Day Basis, Imposing a Cap on the Amount of Funds Held in the Land Trust Fund (Mayor) (Hearings on 04/19/05, 05/03/05 & 05/17/05) (Referred to Finance Committee)

*c. Ordinance 2005-10: Confirming the Assessment Roll for the Tustumena Terrace Utility Special Assessment District and Establishing the Method for Terminating Assessments and Making Refunds to Property Owners (Mayor) (Hearing on 04/19/05) (Referred to Finance Committee)

*d. Ordinance 2005-11: Establishing Time, Place, and Manner Restrictions on Sexually Oriented Businesses in the Rural District of the Kenai Peninsula Borough (Martin) (Hearings on 04/19/05 & 05/03/05) (Referred to Lands Committee)

*e. Ordinance 2005-12: Amending KPB 5.18.450 to Provide Parity Between Local and Out of Jurisdiction Service Providers (Chay) (Hearings on 04/05/05 & 04/19/05) (Referred to Policies and Procedures Committee) Backup

*f. Ordinance 2005-13: Amending KPB 21.26.030 (A)(3) to Clarify Conditions for Material Site Permits (Chay) (Hearings on 08/02/05& 08/16/05) (Referred to Lands Committee) Referred to the Planning Commission

*g. WITHDRAWN BY SPONSOR Ordinance 2005-14: Amending KPB 5.12.115, Adjusting the Real Property Tax Exemption for Residential Real Property From $20,000 to $10,000 (Chay) (Hearings on 04/05/05 & 04/19/05) (Referred to Policies and Procedures Committee)

*h. Ordinance 2005-15: Amending KPB 5.18.430 to Delete Subparagraph B, Which Provides that Service Provided on Account are Taxed on a Maximum of $500 for Each Billing Per Account (Chay) (Hearings on 05/03/05 & 05/17/05) (Referred to Finance Committee)  Backup

i. FAILED INTRODUCTION Ordinance 2005-16: Amending KPB 5.18.210 Removing the Sales Tax Exemption for Raw Materials Sales to Licensed Building Contractors (Chay) (Hearings on 05/03/05 & 05/17/05) (Referred to Policies and Procedures Committee) [Vote: 3 Yes, 5 No, 1 Absent]  Backup

*a. Petition to vacate a portion of Silver Salmon Drive, dedicated by Moose River Estates Subdivision (Plat KN 74-98); within Section 13, Township 5, North, Range 9 West, Seward Meridian, Alaska; and the Kenai Peninsula Borough. KPB File 2004-237 (Note: 10' additional Right-of-Way Proposed to be granted if vacation is approved) (Referred to Lands Committee)

[Clerk's Note: The Planning Commission approved the above referenced vacation by unanimous consent during its regularly scheduled February 28, 2005 meeting.]

b. Mayor's Veto of Ordinance 2004-35

April 5, 2005 07:00 PM Regular Assembly Meeting Soldotna

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

Ordinance 2004-19-40: Authorizing the South Peninsula Hospital to Redirect $115,000 Previously Appropriated for a Hematology Analyzer to the Purchase of Surgical Equipment and Instruments (Mayor) (Hearing on 04/05/05) (Referred to Finance Committee)

Ordinance 2004-19-41: Appropriating Funds to Enhance Ice-Making at the Jason Peterson Memorial Ice Rink (Mayor) (Hearing on 04/05/05) (Referred to Finance Committee)

Ordinance 2004-19-42: Appropriating Funds for the Road Service Area Bruno Bridge Capital Improvement Project (Mayor) (Hearing on 04/05/05) (Referred to Finance Committee)

Ordinance 2005-05: Enacting KPB Chapter 5.19, Providing for a Transient Accommodations Tax and Providing for the Submission to the Voters of a Proposition Authorizing the Borough to Impose this Tax (Glick) (Hearings on 03/28/05 in Homer & 04/05/05) (Referred to Policies and Procedures Committee)

Ordinance 2005-08: Amending KPB 2.52 to Clarify Procedures Regarding the Records Management System (Superman at the Request of the Borough Clerk) (Hearing on 04/05/05) (Referred to Policies and Procedures Committee)

Ordinance 2004-36: Amending KPB 5.18.430, Sales Tax Computation - Maximum Tax, By Increasing It From $500 to $1000 (Mayor) (Referred to Finance Committee) (Tabled on 03/01/05)

The next meeting of the Kenai Peninsula Borough Assembly will be held on April 5, 2005, 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 in 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.