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. January 20, 2004 Regular Assembly Meeting Minutes

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

L.  MAYOR'S REPORT

1.  Agreement and Contracts

a.  Spruce Bark Beetle Mitigation Program:

• Approval of contract with Integrity Surveys for VIP Subdivision #1 Surveying Project
• Approval of contract with Kenai Peninsula Stump Maker for Cohoe Loop #2 ROW Project
• Approval of contract with Twin Rocks Enterprises, Inc. for Cohoe Loop #1 ROW Project
• Approval of Cooperative Agreement between KPB and State of Alaska, Department of Natural Resources, Division of Forestry for 2004 Spruce Bark Beetle Symposium

c.  Approval of contract with Frontier Community Services for two-month janitorial contract extension

2.  Other

a.  Kenai Peninsula Small Business Development Center - First Quarter Report - October 1, 2003 through December 31, 2003

M.  ITEMS NOT COMPLETED FROM PRIOR AGENDA - None

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

1.  Ordinance 2003-19-30: Appropriating $95,000 from Central Emergency Service Area (CES) Capital Projects Fund Balance for Completion of a New Well at Station #4 (Mayor) (Referred to Finance Committee)  Memo

2.  Ordinance 2003-19-31: Appropriating $596,836.53 from the Division of Emergency Services to Reimburse the Borough for Cost Incurred in Responding to Flooding Occurring from October 23, 2002 to November 12, 2002 (Mayor) (Referred to Finance Committee)  Memo

3.  Ordinance 2003-19-32: Accepting and Appropriating a Grant from the Alaska Division of Homeland Security and Emergency Management in the Amount of $19,000 for Developing Community Emergency Response Teams (Mayor) (Referred to Finance Committee)  Memo

4.  Ordinance 2003-19-33: Appropriating $49,900,000 for the Central Kenai Peninsula Hospital Service Area Expansion Project, with Funding Provided by Issuance of $49,900,000 in Central Kenai Peninsula Hospital Service Area General Obligation Bonds (Mayor) (Referred to Finance Committee)  Memo

5.  Ordinance 2003-19-35: Authorizing the Acquisition of 12 Acres from Carol and Frank Griswold for a New Seward Middle School and Appropriating $346,500 to Acquire the Property (Mayor) (Referred to Lands Committee)  Memo   Exhibit A   Exhibit B    Purchase Agreement  Attachment

[Clerk's Note: A teleconference site will be established at the Kenai Peninsula Borough Seward Annex Office to receive public testimony on the above ordinance.]

7.  Ordinance 2004-01: Amending KPB Title 16 to Require Public Notice of Vacancies on Service Area Boards Before Such Vacancies are Filled (Martin) (Referred to Policies and Procedures Committee)   Memo  Amendment Memo

O.  UNFINISHED BUSINESS

1.  Postponed Items

a.  Resolution 2003-094: Supporting 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) Amendment Memo

b.  Approving the Proposition Summary for the March 30, 2004 Special By-Mail Election (Referred to Policies and Procedures Committee)   Memo     Amendment Memo

P.  NEW BUSINESS

1.  Bid Awards

*a. Resolution 2004-011: Authorizing Award of a Contract for Professional and Design Services for the Central Peninsula General Hospital Expansion, Remodel and Renovation (Mayor) (Referred to Finance Committee)  Memo

*a. Resolution 2004-012: Authorizing the Transfer of $8,000 from the Road Service Area Capital Project Fund to Cover Additional Costs Incurred on the Edgington Road Improvement Project (Mayor) (Referred to Finance Committee)  Memo

*b. Resolution 2004-013: Authorizing the Negotiation of a Long-Term Property Lease and the Construction of Two Teacherage Housing Units on Village Property by the Native Village of Tyonek in Tyonek, Alaska (Mayor) (Referred to Lands Committee)  Memo

*c. Resolution 2004-014: Authorizing Transfer of Funds from the Completed Sears Elementary Fire Alarm Project to the Skyview High School Tankage Project (Mayor) (Referred to Finance Committee)  Memo

*e. Resolution 2004-016: Accepting a $45,000 Grant from the Alaska Department of Military and Veterans Affairs, Division of Homeland Security and Emergency Management for Emergency Management Operations (Mayor) (Referred to Finance Committee)  Memo

*a. Ordinance 2004-03: Authorizing the Sale of Approximately 0.25 Acres of Land to Herman and Irene Fandel to Resolve a Long Standing Trespass on Borough Land Located within the City of Kenai (Mayor) (Hearing on 03/16/04) (Referred to Lands Committee)  Memo

4. Other

*a. Petition to vacate a portion of Sara Street (and associated 50-foot radius temporary turnaround) Dedicated by Roberts Subdivision (Plat KN 75-134); within Section 18, Township 5 North, Range 8 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2004-003 (Referred to Lands Committee)     Support Information

[Clerk's Note: The Planning Commission approved the above referenced vacation subject to staff's recommendations during its regularly scheduled January 12, 2004 meeting. Staff recommended approval based on the 12 findings subject to submittal of a preliminary plat in accordance with Chapter 20 of the Code (submittal of a final plat within one year of vacation approval.]

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

Ordinance 2004-02: Amending KPB 4.10.120 to Authorize the Purchase of Certain Election Materials Without Obtaining Competitive Bids (Sprague at the request of the Borough Clerk) (Hearing on 02/17/04) (Referred to Finance Committee)

Ordinance 2003-19-34: Authorizing a $50,000 Intergovernmental Loan for Appropriating Funds to the Seward-Bear Creek Flood Service Area to Provide Start-Up Funding to Begin Studies Necessary to Prepare the Development Plan (Long) (Hearing on 02/17/04) (Referred to Finance Committee)