Kenai Peninsula Borough

Action Agenda

April 19, 2005 - 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.

1. CES Chief Christopher D. Mokracek was sworn in by Borough Clerk

G.  APPROVAL OF MINUTES

*1. March 28, 2005 Homer Public Hearing

*2. April 5, 2005 Regular Meeting Minutes

H.  COMMENDING RESOLUTIONS AND PROCLAMATIONS

1.  Mayor's Proclamation Declaring May 1-8, 2005 as "Cover the Uninsured Week"

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

Central Peninsula General Hospital Inc., Quarterly Report

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:

b.  Approval of sole source contract with Government Computer Sales for Upgrading Computer Network Data Backup System

c.  Approval of bid award to Alaskan Industries for Multi-Purpose Room Flooring Replacement at Seward Elementary School

2.  Other

a.  Budget Revisions - March 2005

b.  Revenue-Expenditure Report - March 2005

M.  ITEMS NOT COMPLETED FROM PRIOR AGENDA

1.  POSTPONED UNTIL 07/12/05 Resolution 2005-029: Supporting the Continuation of the Kenai Spur Extension Road Project (Mayor) (Referred to Finance Committee) [Vote: 9 Yes, 0 No]

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

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

2.  FAILED TO ENACT 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) (Referred to Policies and Procedures Committee) [Vote: 0 Yes, 9 No]

3.  POSTPONED UNTIL 05/03/05 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) (First of Three Hearings) (Referred to Finance Committee)

4.  ENACTED AS AMENDED 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) (Referred to Finance Committee) [Vote: 9 Yes, 0 No]

5.  AMENDED AND POSTPONED UNTIL 05/03/05 Ordinance 2005-11: Establishing Time, Place, and Manner Restrictions on Sexually Oriented Businesses in the Rural District of the Kenai Peninsula Borough (Martin) (First of Two Hearings) (Referred to Lands Committee)

6.  POSTPONED UNTIL 05/17/05 Ordinance 2005-12: Amending KPB 5.18.450 to Provide Parity Between Local and Out of Jurisdiction Service Providers (Chay) (Referred to Policies and Procedures Committee) [Vote: 8 Yes, 1 No]

O.  UNFINISHED BUSINESS

1.  Postponed Items

a.  ADOPTED 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) [Vote: 9 Yes, 0 No]

P.  NEW BUSINESS

1.  Bid Awards

*a. ADOPTED AS AMENDED Resolution 2005-031: Authorizing Award of a Contract for the Road Service Area Bruno Bridge Rehabilitation Capital Improvement Project (Mayor) (Referred to Finance Committee) [Vote: 9 Yes, 0 No]

2.  Resolutions

*a. ADOPTED AS AMENDED Resolution 2005-032: Authorizing the Lease of Lot 82, Tyonek Teacher Housing Subdivision, According to KPB Preliminary Plat No. 2005-012, from the Tyonek Native Corporation for Teacher Housing in the Native Village of Tyonek (Mayor) (Referred to Lands Committee) [Vote: 9 Yes, 0 No]

b. ADOPTED Resolution 2005-033: Supporting Efforts to Purchase the Corr Property Near Soldotna, Alaska located along the Kenai River for Inclusion into the Kenai River Special Management Area (Sprague) (Referred to Lands Committee) [Vote: 7 Yes, 2 No]

*c. ADOPTED AS AMENDED Resolution 2005-034: Supporting Senate Bill 102 and House Bill 146 Relating to an Extension of Time for Coastal Districts to Submit Revisions to Their Coastal Management Programs (Martin) (Referred to Legislative Committee) [Vote: 9 Yes, 0 No]

*d. ADOPTED AS AMENDED Resolution 2005-035: Urging Members of the Senate and the House of Representatives to Promptly Meet and Work Together to Develop Legislation that will Provide Adequate Relief to Municipalities for the Public Employee Retirement System and Teachers Retirement System Deficit (Martin) (Referred to Legislative Committee) [Vote: 9 Yes, 0 No]

*e. POSTPONED UNTIL 05/03/05 Resolution 2005-036: Determining the Amount to be Provided from Local Sources for School Purposes During Fiscal Year 2005-2006 (Mayor) (Referred to Finance Committee)

3.  Ordinances

*a. Ordinance 2004-19-50: Accepting and Appropriating a Grant from the U. S. Department of Homeland Security in the Amount of $8,271 for the Bear Creek Fire Service Area for Fire Prevention and Safety (Mayor) (Hearing on 05/17/05) (Referred to Finance Committee)

*b. Ordinance 2005-19: Appropriating Funds for Fiscal Year 2005-2006 (Mayor) (Hearings on 05/03/05 & 05/17/05) (Referred to Finance Committee)

*c. Ordinance 2005-21: Authorizing the Disposition of Certain Real Property Through a Memorandum of Agreement Between the Kenai Peninsula Borough, the State of Alaska Department of Transportation and Public Facilities, and the State of Alaska Department of Administration Enterprise Technology Service (Mayor) (Hearing on 05/17/05) (Referred to Lands Committee)

*d. Ordinance 2005-022: Amending KPB 4.13.140(A) and 4.13.150(A) Regarding the Scheduling of Elections Concerning Initiative and Referendum Petitions (Superman at the request of the Borough Clerk) (Hearing on 05/17/05) (Referred to Policies and Procedures Committee)

4.  Other

*a. Petition to vacate the westerly 2640 foot portion of the 100-foot wide section-line easement (50-feet on each side of the section line) common to Section 19 and 30, Township 4 South, Range 13 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2004-098 (Referred to Lands Committee)

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

*b. Petition to vacate River Ramp Court a 60-foot public Right-of-Way, and associated public utility easements, dedicated by Riverwood Subdivision Phase One (Plat KN 84-182); within Section 7, Township 5 North, Range 10 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2005-044 (Referred to Lands Committee)

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

*c. Petition to vacate a portion of Crustacean Avenue and associated utility easement adjacent to Tract B, dedicated by Beach View Subdivision (Plat KN 2004-51); within Section 24, Township 4 North, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2005-052 (Referred to Lands Committee)

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

*d. Petition to vacate a portion of a section line easement within Lot 4 Rozak Stariski Point Subdivision (Plat HM 2002-17) AND Vacate Sonnichsen Avenue and all adjacent utility easements associated with Sonnichsen Avenue; Section 25 and Section 36, Township 3 South, Range 15 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2005-053 &KPB File 2005-059; (Note: Additional Section Line Easement is being granted) (Referred to Lands Committee)

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

*e. Petition to vacate a 33-foot section line easement along the west boundary of Tract A Van Sky Subdivision No 3 Amended (Plat KN 2000-40 & 2001-9); Section 23, Township 7 North, Range 12 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2005-054 (Referred to Lands Committee)

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

*f. Withdrawing the 01/04/05 Protest and Approving the Application for New Liquor License filed by Kenai River Raven Lodge in Soldotna, Alaska (Referred to Finance Committee)

*g. Confirming the Appointment of Christopher D. Mokracek as the new Central Emergency Services Chief (Referred to Policies and Procedures Committee)

*h. Confirming an Appointment to the Anchor Point Advisory Planning Commission (Mayor) (Referred to Policies and Procedures Committee)

        Brok Shafer Seat C Term Expires September 30, 2005

*i. Approving the Application for Restaurant Designation filed by The Homestead Fine Dining, Inc. d/b/a The Homestead Restaurant (Referred to Finance Committee)

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

R.  ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

May 3, 2005 07:00 PM Regular Assembly Meeting Seward

S.  ASSEMBLY COMMENTS

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

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) (Hearings on 05/03/05 & 05/17/05 (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 2005-11: 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 2005-13: 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 2004-19-44: 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)

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)

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)

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)

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)

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)

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)

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)

Ordinance 2005-19: 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)

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 May 3, 2005, at 7:00 P.M. in the Seward City Council Chambers, Seward, 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.