Kenai Peninsula Borough

Action Agenda

August 2, 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.

G.  APPROVAL OF MINUTES

*1. July 12, 2005 Regular Assembly Meeting Minutes

H.  COMMENDING RESOLUTIONS AND PROCLAMATIONS

*1. A Resolution in Memoriam Commending the Contributions and Commitments of Donald E. Gilman (Assembly and Mayor)

*2. A Resolution in Memoriam Recognizing the Commitment and Service to the Kenai Peninsula Borough by Andrew "Drew" Scalzi (Assembly and Mayor)

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

Arctic Winter Games 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

Agreement and Contracts

Approval of contract with Sea Level Construction for Homer High School Gym Floor Refinishing

Approval of contract with East Road Services, Inc. for Construction and Installation of gate at Eagle Lake Gravel off Basargin Road in Homer

Approval of contract with Peninsula Pumping for Septic Pumping at various school facilities

Approval of sole source with Floor-Ever, Inc. for Skyview High School Flooring Replacement

Approval of contract with Zumar Industries for Road Sign Supplies

Approval to award contract to Steve T. Goniotakis for Technical Laboratory Consulting Services at CES

Approval of contract with AA Dan's Construction, Inc. for Nikiski/North Star Drainage Pit Installation

Approval of contract with Harbor Enterprises dba Petro Marine Services Alaska Oil Sales for Fuel Supply for CES

Approval of contract with Coast Range Construction, Inc. for Track Drainage Improvements at Homer High School

Approval of contract with Kraxberger Drilling, Inc. for Tustumena Elementary School Water Well

Approval of bid award to Pacific Wire for Baling Wire Supply for Homer Landfill

Approval to Purchase a Caterpillar Replacement Standby Generator for South Peninsula Hospital

Approval of Waste Disposal Agreement between KPB and North Pacific Maritime for offloading solid waste in Ports of Seward and Homer

Approval Authorizing Award of a Contract for Purchase of School Buses for AWG

Approval of sole source contract with TelAlaska for Installation of Telephone Utilities in the Birch and Grouse Ridge Subdivision

Other

Memo from Marcus Mueller, KPB Land Management Agent for ConocoPhillips Lease of the Beach Access Tract in Moose Point Subdivision

ITEMS NOT COMPLETED FROM PRIOR AGENDA - None

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

POSTPONED UNTIL 08/16/05 Ordinance 2005-13: Amending KPB 21.26.030 (A)(3) to Clarify Conditions for Material Site Permits (Chay) (Referred to Lands Committee) (Added Additional Hearing on 09/20/05)

ENACTED AS AMENDED Ordinance 2005-27: Authorizing Retention or Sale of Certain Real Property Obtained by the Kenai Peninsula Borough Through Tax Foreclosure Proceedings (Mayor) (Referred to Finance Committee) [Vote: 9 Yes, 0 No]

Ordinance 2005-28: Providing for Submission to the Qualified Voters of the Central Emergency Service Area in the Kenai Peninsula Borough, Alaska, the Question of Authorizing the Issuance of General Obligation Bonds of the Central Emergency Service Area Not to Exceed Two Million Five Hundred Thousand Dollars ($2,500,000) to Pay the Costs of Planning, Designing, Constructing, Equipping and Financing a Fire Station in Kasilof, Within the Central Emergency Service Area, Construction of the Facilities at an Election in and for the Service Area on October 4, 2005 (Mayor) (Referred to Finance Committee)

ENACTED AS AMENDED Ordinance 2005-28 (Mayor) Substitute: Providing for Submission to the Qualified Voters of the Central Emergency Service Area in the Kenai Peninsula Borough, Alaska, at an Election in and for the Service Area on October 4, 2005, the Question of Authorizing the Issuance of General Obligation Bonds of the Central Emergency Service Area Not to Exceed Two Million Five Hundred Thousand Dollars ($2,500,000) to Pay the Costs of Planning, Designing, Constructing, Equipping and Financing a Fire Station in Kasilof, and Renovating the Fire Station in the Funny River Area, all Within the Central Emergency Service Area (Mayor) (Referred to Finance Committee) [Vote: 9 Yes, 0 No]

ENACTED AS AMENDED Ordinance 2005-29: Amending Chapter 5.12 of the Kenai Peninsula Borough Code to Provide for an Appointed Board of Equalization (Sprague) (Referred to Policies and Procedures Committee) [Vote: 7 Yes, 2 No]

ENACTED AS AMENDED Ordinance 2005-30: Amending KPB 21.20.220 to Provide for an Appointed Board of Adjustment and Amending Other Code Sections to Delete References to the Assembly Sitting as the Board of Adjustment (Sprague) (Referred to Policies and Procedures Committee) [Vote: 5 Yes, 4 No]

UNFINISHED BUSINESS

Postponed Items

ADOPTED Resolution 2005-050: Reclassifying Certain Borough Land Located in the Russian Gap Area of Cooper Landing, Section 25, T5N, R3W, S. M., Alaska, as Recreational (Mayor) (Referred to Lands Committee) [Vote: 9 Yes, 0 No]

Resolution 2005-050 (Mayor) Substitute: Reclassifying Certain Borough Land Located in the Russian Gap Area of Cooper Landing, Section 25, T5N, R3W, S. M., Alaska, as Recreational (Mayor) (Referred to Lands Committee)

POSTPONED UNTIL 09/06/05 Resolution 2005-067: Authorizing the Mayor, on Behalf of the Kachemak Emergency Service Area, to Enter into an Agreement with the City of Homer to Provide Fire and Emergency Medical Services (Martin, Mayor) (Referred to Finance Committee) [Vote: 9 Yes, 0 No]

ADOPTED AS AMENDED Resolution 2005-070: Placing Advisory Propositions on the Ballot Regarding Construction of a Bridge Over the Kenai River, Connecting the Sterling and Funny River Communities, Commonly Known as the Funny River Bridge (Merkes, Mayor) (Referred to Lands Committee) [Vote: 5 Yes, 2 No, 2 Absent]

NEW BUSINESS

Bid Awards

*a. Resolution 2005-072: Authorizing Award of Contract for Landfill Excavator (Mayor) (Referred to Finance Committee)

*b. Resolution 2005-073: Authorizing Award of Contract for the Nikiski Community Recreation Center Renovations Project (Mayor) (Referred to Finance Committee)

c. ADOPTED Resolution 2005-074: Authorizing Award of a Contract for the Subscriber Radio Procurement (Mayor) (Referred to Finance Committee) [Vote: 7 Yes, 0 No, 2 Absent]

Resolutions

a. ADOPTED AS AMENDED Resolution 2005-075: Decertifying a Portion of Skilak Street in the Central Region, Unit 2 (Mayor) (Referred to Lands Committee) [Vote: 7 Yes, 0 No, 2 Absent]

b. ADOPTED AS AMENDED Resolution 2005-076: Authorizing an Amendment to a Rental Agreement with Funny River Emergency Services to Expand the Property Leased by KPB to Include All of Lot 5 Salmon Bend Subdivision, FRVFD Addition, KRD 2002-24, Including the Funny River Fire Department and Disaster Relief Building and an Option to Purchase the Same to Support the Expansion of the Central Emergency Service Area (Mayor) (Referred to Lands Committee) [Vote: 7 Yes, 0 No, 2 Absent]

c. ADOPTED Resolution 2005-077: Authorizing a $30,000 Grant to the Central Area Rural Transit System, Inc. ("CARTS") (Mayor) (Referred to Finance Committee) [Vote: 6 Yes, 1 No, 2 Absent]

Ordinances

*a. Ordinance 2005-19-10: Accepting and Appropriating a State Grant in the Amount of $650,000 for the 2006 Arctic Winter Games (Mayor) (Shortened Hearing 08/16/05) (Referred to Finance Committee)

*b. Ordinance 2005-19-11: Accepting and Appropriating a State Grant in the Amount of $225,000 for a Natural Gas Pressure Reducing System in Ninilchik (Mayor) (Shortened Hearing 08/16/05) (Referred to Finance Committee)

*c. Ordinance 2005-19-12: Accepting and Appropriating a State Grant in the Amount of $71,000 for Road Access and Utilities to the Cooper Landing Senior Housing Site (Mayor) (Shortened Hearing 08/16/05) (Referred to Finance Committee)

*d. Ordinance 2005-19-13: Appropriating $384,500 from the Road Service Area Fund Balance to Increase Specific Operating Budget Items and Road Improvement Assessment District Match Funds (Mayor) (Hearing 09/06/05) (Referred to Finance Committee)

*e. Ordinance 2005-19-14: Appropriating $33,000 to the Road Service Area Engineer's Estimate Fund (Mayor) (Hearing 09/06/05) (Referred to Finance Committee)

*f. Ordinance 2005-19-15: Appropriating Supplemental Funding of $63,602 to the Special Assessment Fund for West Brook Estates Road Improvement Special Assessment District (Mayor) (Shortened Hearing 08/16/05) (Referred to Finance Committee)

*g. Ordinance 2005-19-16: Accepting and Appropriating State and Federal Grants, and Transferring Road Service Funds for the Kenai Spur Highway Extension Environmental Phase (Mayor) (Hearing 09/06/05) (Referred to Finance Committee)

*h. Ordinance 2005-19-17: Accepting and Appropriating a State Grant in the Amount of $280,000 for the Cook Inlet Regional Citizens Advisory Council, Cook Inlet Development Safety Project (Mayor) (Hearing 09/06/05) (Referred to Finance Committee)

*i. Ordinance 2005-19-18: Appropriating Supplemental Funding in the Amount of $30,000 to Cover Costs Associated with Board of Equalization Hearings (Mayor) (Shortened Hearing 08/16/05) (Referred to Finance Committee)

*j. Ordinance 2005-34: Amending KPB 17.10.030 Regarding the Acquisition of Land and Resources (Superman) (Hearing 09/06/05) (Referred to Lands Committee)

*k. Ordinance 2005-35: Authorizing the Negotiated Sale at Fair Market Value of Lot 1 McBride Subdivision, Seward, Alaska to Dean Carl (Mayor) (Hearing 09/06/05) (Referred to Lands Committee)

*l. Ordinance 2005-36: Authorizing the Negotiated Sale at Fair Market Value of Tract B, ASLS 2003-6, Plat No. 2004-108, Homer Recording District, S.M. Alaska Containing 4.710 Acres to Mary Jean Yenney (Mayor) (Hearing 09/06/05) (Referred to Lands Committee)

*m. Ordinance 2005-37: Amending the Effective Date to January 1, 2006 for the Borough Sales Tax Rate to be Increased to 3 Percent (Mayor) (Hearing 08/16/05)

Other

*a. Confirming an Appointment to the KPB Planning Commission (Referred to Policies and Procedures Committee)

Lynn Hohl City of Seward Term Expires July 31, 2008

*b. Authorizing an Application for Restaurant Designation Permit Filed by Adrienne L. Martin dba Seaview Café & Bar in Hope (Referred to Finance Committee)

*c. Authorizing an Application for New Liquor License Filed by Kassik's Kenai Brew Stop dba Kenai Brew Stop in Kenai (Referred to Finance Committee)

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

R.  ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

August 16, 2005 09:00 AM Board of Equalization Soldotna

August 16, 2005 07:00 PM Regular Assembly Meeting Soldotna

ASSEMBLY COMMENTS

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

Ordinance 2005-13: Amending KPB 21.26.030 (A)(3) to Clarify Conditions for Material Site Permits (Chay) (Final Hearing on 08/16/05) (Referred to Lands Committee)

Ordinance 2005-19-08: Accepting and Appropriating a Grant from the Denali Commission in the Amount of $96,179 for an Air Curtain Burner (Mayor) (Hearing on 08/16/05) (Referred to Finance Committee)

Ordinance 2005-19-09: Accepting and Appropriating Two Grants Totaling $14,190 from the Alaska Department of Natural Resources to Nikiski Fire Service Area for Firefighting Equipment (Mayor) (Hearing on 08/16/05) (Referred to Finance Committee)

Ordinance 2005-26: Authorizing a Land Exchange with the City of Soldotna of a 10-Acre Borough Parcel on West Redoubt for a 17-Acre City Parcel on the Sterling Highway to Support a City Cemetery (Mayor) (Postponed until 08/16/05) (Referred to Lands Committee)

Ordinance 2005-31: Authorizing the Sale of Ten Parcels of Borough Land by Sealed Bid (Mayor) (Hearing on 08/16/05) (Referred to Lands Committee)

Ordinance 2005-32: Amending KPB Chapter 5.12 to Provide Hearing Procedures for Board of Equalization Appeals (Superman at the request of the Borough Clerk) (Hearing on 08/16/05) (Referred to Policies and Procedures Committee)

Ordinance 2005-33: Authorizing the Tsalteshi Trails Association Lease to be Amended to Add Additional Land Adjacent to Skyview High School to Develop New Trails and Address Retention of Facility Improvements (Mayor) (Hearing on 08/16/05) (Referred to Lands Committee)

Resolution 2005-063: Approving Board Bylaws for the South Kenai Peninsula Hospital Service Area Board (Mayor at the request of the South Kenai Peninsula Hospital Service Area Board) (Postponed until 08/16/05) (Referred to Policies and Procedures Committee)

Resolution 2005-066: Authorizing Award of a Contract for the West Brook Estates Road Improvement Assessment District (RIAD) Street Paving Project (Mayor) (Postponed until 08/16/05) (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)

Resolution 2005-044: Supporting the Funny River Bridge Project and Authorizing the Mayor to Negotiate the Administration, Management, and Ownership of the Project with the State Department of Transportation and Public Facilities (Mayor) (Referred to Lands Committee) (Tabled on 06/09/05)

INFORMATIONAL MATERIALS AND REPORTS

NOTICE OF NEXT MEETING AND ADJOURNMENT

The next meeting of the Kenai Peninsula Borough Assembly will be held on August 16, 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.