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. February 16, 2005 Board of Adjustment Minutes

*2. March 1, 2005 Board of Adjustment Minutes

*3. March 15, 2005 Regular Meeting Minutes

1.  Proclamation Declaring the Month of April, 2005 as Sexual Awareness Month (Mayor)

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

K.  REPORTS OF COMMISSIONS AND COUNCILS

1. Merkes reported on Sterling Community Meeting held March 28, 2005.

1.  Agreement and Contracts

a.  Spruce Bark Beetle Mitigation Program:

• Approval of contract with Tinker Creek Surveys for Voznesenka #1 Add-On Surveying Project
• Approval of contract with Precision Milling for Tustumena Lake Road #2 ROW Project
• Approval of contract with Precision Milling for Tustumena Lake #3 ROW Project
• Approval of contract with Paul's Services for Highland Drive #2 ROW Project
• Approval of contract with Skookum Construction for Sterling Highway Log Removal Project

c.  Approval of bid award to Great Bear Ford for purchase of Vehicle for Road Service Area

2.  Other

a.  Litigation Status Report - March 24, 2005

M.  ITEMS NOT COMPLETED FROM PRIOR AGENDA

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

ENACTED 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) (Referred to Finance Committee) [Vote: 9 Yes, 0 No]  Memo

ENACTED AS AMENDED Ordinance 2004-19-41: Appropriating Funds to Enhance Ice-Making at the Jason Peterson Memorial Ice Rink (Mayor) (Referred to Finance Committee) [Vote: 9 Yes, 0 No]  Memo  Backup

ENACTED Ordinance 2004-19-42: Appropriating Funds for the Road Service Area Bruno Bridge Capital Improvement Project (Mayor) (Referred to Finance Committee) [Vote: 9 Yes, 0 No]   Memo

SEE SUBSTITUTION Ordinance 2005-04: Enacting KPB 5.08.025 Establishing Guidelines for Service Areas to Borrow Money from the General Fund for Capital Acquisitions (Martin) (Final Hearing) (Referred to Policies and Procedures Committee)

ENACTED  Ordinance 2005-04 (Martin) Substitute: Enacting 5.08.025 Establishing Guidelines for Service Area to Borrow Money from the General Fund for Capital Acquisitions (Martin) (Referred to Policies and Procedures Committee) [Vote: 7 Yes, 2 No]  Memo

AMENDED AND SCHEDULED FOR TWO ADDITIONAL PUBLIC HEARINGS ON 05/03/05 AND 05/17/05 Ordinance 2005-05 (Glick) Substitute: 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) (Referred to Policies and Procedures Committee)  Memo   Backup  City of Homer Backup

ENACTED Ordinance 2005-08: Amending KPB 2.52 to Clarify Procedures Regarding the Records Management System (Superman at the Request of the Borough Clerk) (Referred to Policies and Procedures Committee) [Vote: 9 Yes, 0 No]  Memo

POSTPONED UNTIL 04/19/05 Ordinance 2005-12: Amending KPB 5.18.450 to Provide Parity Between Local and Out of Jurisdiction Service Providers (Chay) (First of Two Hearings) (Referred to Policies and Procedures Committee)

O.  UNFINISHED BUSINESS

P.  NEW BUSINESS

1.  Bid Awards

*a. ADOPTED Resolution 2005-026: Authorizing Award of a Contract for Special Inspection and Quality Assurance Testing Services, Group A, for the Central Peninsula General Hospital Project, Phase 2 (Mayor) (Referred to Finance Committee)  Memo

*a. ADOPTED Resolution 2005-027: Supporting the Feasibility Study for the Seward Laminated Veneer Lumber (LVL) Plant and the Nikiski Medium Density Fiberboard (MDF) Plant (Superman, Long) (Referred to Legislative Committee)  Memo

b. POSTPONED UNTIL 04/19/05 Resolution 2005-028: Supporting HB 195 "An Act Appropriating Funds to Reimburse Municipalities for Real Property Tax Revenue Lost Due to the Mandatory Senior Citizen and Disabled Veterans Exemptions" (Superman) (Referred to Legislative Committee)  Memo

c. NOT COMPLETED ON 04/05/05, POSTPONED UNTIL 04/19/05 Resolution 2005-029: Supporting the Continuation of the Kenai Spur Extension Road Project (Mayor) (Referred to Finance Committee)  Memo

*d. Resolution 2005-030: Authorizing Unexpended Funds from Projects that Have Been Completed or Canceled to be Transferred to the Road Service Area Capital Project Fund Balance (Mayor) (Referred to Finance Committee)  Memo

*a. Ordinance 2004-19-44: Appropriating Funds from the Kenai Middle School Bleacher Project to the Seward Middle School Bleacher Project for New Bleacher Placement and Redoubt Elementary School Fire Alarm Improvements (Mayor) (Hearing on 05/03/05) (Referred to Finance Committee)  Memo

*b. Ordinance 2004-19-45: Accepting an Ambulance from the Southern Region Emergency Medical Services Council, Inc. on Behalf of Anchor Point Fire and Emergency Medical Service Area and Appropriating a $10,000 Local Match (Mayor) (Hearing on 05/03/05) (Referred to Finance Committee)

*c. Ordinance 2004-19-46: Appropriating Supplemental Funding to Cover Health Insurance Cost in Excess of Budgeted Amounts (Mayor) (Hearing on 05/03/05) (Referred to Finance Committee  Memo

*d. Ordinance 2004-19-47: Appropriating $1,176,940.95 to the Fiscal Year 2005 Road Service Area Capital Improvement Project Fund and Redirecting $75,000 from Previously Authorized Projects to Provide Additional Funding for the New Projects (Mayor) (Hearing on 05/03/05) (Referred to Finance Committee)  Memo

*e. Ordinance 2004-19-48: Accepting and Appropriating a Direct Lump Sum Payment of $2,071,000 from the U.S. Forest Service to Implement the Spruce Bark Beetle Action Plan (Mayor) (Hearing on 05/03/05) (Referred to Finance Committee)  Memo

*f. Ordinance 2004-19-49: Accepting and Appropriating a State Grant in the Amount of $45,000 for the Nikiski Community Center Renovations (Mayor) (Hearing on 05/03/05) (Referred to Finance Committee)  Memo

*g. Ordinance 2005-17: Authorizing the Negotiated Sale of a Tax Foreclosure Parcel Previously Retained for Public Purpose (Mayor) (Hearing on 05/03/05) (Referred to Lands Committee)

*h. Ordinance 2005-18: Authorizing Negotiated Leases of Space at the Kenai River Center Building with the State of Alaska, Department of Natural Resources, and the United State Environmental Protection Agency (Mayor) (Hearing on 05/03/05) (Referred to Lands Committee)

*i. Ordinance 2005-20: Repealing KPB 2.56.005 and Enacting KPB 2.56.006, Adopting the 2005 Kenai Peninsula Borough Comprehensive Plan (Mayor) (Hearings on 05/03/05 & 05/17/05) (Referred to Lands Committee)

a.  MOTION TO OVERRIDE VETO FAILED Mayor's Veto of Ordinance 2004-35 (Referred to Policies and Procedures Committee) [Vote: 5 Yes, 4 No] Ordinance 2004-35 is deleted

b. PLANNING COMMISSION DECISION VETOED Petition to Vacate 40-feet of the 50-foot utility and public right of way easement along the southern boundary of Tract 2 of Monson Tract (Plat HM 79-82); Section 29, Township 2 South, Range 14 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2004-269. Note: A 10' Pedestrian Easement to be Retained. Petitioners: Acea D. & Marge Rollins and Wayne E. Jones of Ninilchik, Alaska. Location: West of Sterling Highway in Ninilchik (Referred to Lands Committee) [Vote: 5 Yes, 4 No]

[Clerk's Note: The Planning Commission approved the above referenced vacation during its regularly scheduled March 14, 2005 meeting.]

*c. Approving the Application for New Liquor License filed by Alaska Center for Creative Renewal in Halibut Cove, Alaska (Referred to Finance Committee)   Memo

*d. Approving the Application for Restaurant Designation filed by Alaska Center for Creative Renewal in Halibut Cove, Alaska (Referred to Finance Committee)

e. Appointing Sherry Biggs as the New Borough Clerk Effective May 1, 2005 and Setting the Salary (Referred to Finance Committee) [Vote: 9 Yes, 0 No]

April 19, 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 2004-19-43: 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)

Ordinance 2005-07: Amending KPB 5.12.105(A) to Limit the Property Tax Exemption for Senior Citizens, Disabled Veterans, and Surviving Spouses Thereof to $300,000 in Assessed Value (Sprague) (Final Hearing on 04/19/05) (Referred to Policies and Procedures Committee)

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)

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)

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)

Ordinance 2005-12: Amending KPB 5.18.450 to Provide Parity Between Local and Out of Jurisdiction Service Providers (Chay) (Final Hearing on 04/19/05) (Referred to Policies and Procedures Committee)

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)

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)

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)

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 April 19, 2005, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska.