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.

A Resolution Commending Monte Garroutte as 4A State Wrestling Champion, 135 Pound Weight Class (Martin, Moss)

A Resolution Commending Morgan Jones and Aleta Phelps for Their Cross Country Wins at the Borough Championship (Martin, Moss)

A Resolution Recognizing Nicole Osmar as the 2004 Junior Iditarod Champion (Fischer, Martin)

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

University of Alaska President - Mark Hamilton [20 minutes]

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

Spruce Bark Beetle Mitigation Program:

• Approval of contract with Pearse Construction, Inc. for VIP ROW Project
• Approval of contract with Steve's Tree Service for Burton Drive ROW Project
• Approval of contract with Pearse Construction, Inc. for Pirate ROW Project
• Approval of contract with Steve's Tree Service for Terrace ROW Project
• Approval of contract with Segesser Surveys for Tustumena Lake Road Project
• Approval of contract with Segesser Surveys for Running Water Project
• Approval of contract with Paul's Services for West Homer Elementary Slash Piles Removal

Approval of contract with First American Title/Homer for Limited Liability Reports

Approval of contract with First American Title/Seward for Limited Liability Reports

Approval of sole source contracts for predevelopment of senior citizen housing facilities to the Cooper Landing Senior Citizens Corporation, Inc., the Sterling Area Senior Citizens, and the Nikiski Senior Citizens, Inc.

Approval of sole source contract with Enterprise Engineering, Inc. for Nanwalek School Roof Replacement

Approval of contract with Alliance One Receivables Management for Contract Collection Services

Approval of contract with Chuck Osmond for Real Property Appraisal - Sterling Forest Subdivision #2

Approval of Agreement between KPB and the Anchor Point Volunteer Fire Department and Rescue, Inc. for the Provision of Fire and Emergency Medical Rescue Services

Approval of contract with Rozak Engineering for preparation of documents for demolition and removal of Clinic Building and Underground Fuel Storage Tank System at South Peninsula Hospital

Other

Litigation Status Report - March 4, 2004

M.  ITEMS NOT COMPLETED FROM PRIOR AGENDA - None

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

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) (Referred to Lands Committee)  Memo

Ordinance 2004-04: Amending the Kenai Peninsula Borough Code to Clarify that the Powers and Duties of Advisory Planning Commissions Include Making Recommendations to the Assembly Through the Planning Commission and Directly to the Assembly Upon Request of the Assembly (Martin) (Referred to Policies and Procedures Committee)  Memo

Ordinance 2004-05: Amending the Kenai Peninsula Borough Code Chapter 5.12 by Revising Procedures for Appeals to the Board of Equalization (Mayor) (Referred to Policies and Procedures Committee)  Memo     Amendment Memo

Ordinance 2003-19-37: Appropriating $161,809.88 to the Special Assessment Fund for Char Subdivision Natural Gas Line Utility Special Assessment District (Mayor) (Referred to Finance Committee)  Memo  Spreadsheet

Ordinance 2003-19-38: Authorizing the Acquisition of Lots 4, 5, 6, Block 2, Sumpter Subdivision for an Addition to the Sterling Senior Center and Appropriating $60,600 to Acquire the Property and Authorizing the Sale of Subject Lots to the Sterling Area Senior Citizens (Merkes, Mayor) (Referred to Lands Committee)

Ordinance 2003-19-38 (Merkes) Substitute: Authorizing the Acquisition of Lots 4, 5, 6, Block 2, Sumpter Subdivision for an Addition to the Sterling Senior Center and Appropriating $60,600 to Acquire the Property and Authorizing the Sale of Subject Lots to the Sterling Area Senior Citizens (Merkes, Mayor) (Referred to Lands Committee)  Memo

O.  UNFINISHED BUSINESS

Postponed Item

Resolution 2004-022: Proceeding with the Char Subdivision Utility Special Assessment District for a Natural Gas Main Line (Mayor) (Final Hearing) (Referred to Finance Committee)  Memo

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)

Ordinance 2004-01(Martin Substitute): 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

Resolution 2004-021: Supporting the Subdivision of Approximately 867 Acres of Land in the Point Possession Area (Mayor) (Referred to Lands Committee) (Reconsideration given by Sprague)  Memo

P.  NEW BUSINESS

Bid Awards

*a. Resolution 2004-026: Authorizing Award of a Contract for the Seward Middle School Phase I, Site Work (Mayor) (Referred to Finance Committee)  Memo    spreadsheet

*b. Resolution 2004-027: Recommending the Award to Area Contractors for the Application of Calcium Chloride on Road Service Area Gravel Roads (Mayor) (Referred to Finance Committee)   Memo

*a. Resolution 2004-028: Confirming the Appointments of Assembly Members to Non-Borough Committees and Boards (Sprague) (Referred to Policies and Procedures Committee)

*b. Resolution 2004-029: Authorizing Transfer of Funds from the Completed Kenai Middle School Fire Alarm Project to the Soldotna Middle School Fire Alarm Project (Mayor) (Referred to Finance Committee)  Memo

*c. Resolution 2004-030: Authorizing the Rejection of Certain Municipal Entitlement Selections within ADL 201302 Near Hope, Alaska (Mayor) (Referred to Lands Committee)   Memo    

*d. Resolution 2004-031: Adopting a Public Safety Communications Strategic Plan for the Kenai Peninsula Borough (Mayor) (Referred to Policies and Procedures Committee)  Memo

*a. Ordinance 2003-19-39: Accepting and Appropriating a Direct Lump Sum Payment from the U.S. Forest Service in the Amount of $929,000 for the Removal of Dead and Dying Spruce Trees (Mayor) (Hearing on 04/20/04) (Referred to Finance Committee)  Memo

*b. Ordinance 2003-19-40: Appropriating $100,000 for the Site Evaluation and Schematic Design of a New Multi-Use Building for E-911 Dispatch, Central Emergency Services Administration, and the Borough Office of Emergency Management on Borough Property Located on Wilson Lane in Soldotna, Alaska (Mayor) (Hearing on 04/20/04) (Referred to Finance Committee)  Memo

*c. Ordinance 2003-19-41: Increasing the Fiscal Year 2004 Road Service Area Capital Improvement Project Budget from $1,300,000 to $1,741,829 and Transferring $278,086 from the Road Service Area Operating Fund Balance and Redirecting $163,743 from Completed Projects to Provide the Additional Funding (Mayor) (Hearing on 04/20/04) (Referred to Finance Committee)  Memo

*d. Ordinance 2004-06: Amending KPB Chapter 14.10 to Eliminate Assembly Review of Street Naming Decisions and Limiting the Frequency that Street Names May be Changed (Sprague) (Hearing on 04/20/04) (Referred to Lands Committee)  Memo

*e. Ordinance 2004-07: Amending KPB 5.12.350 Regarding Enforcement of Personal Property Taxes and Other Taxes (Mayor) (Hearing on 04/20/04) (Referred to Finance Committee)  Memo

4. Other

Request for Formal Assembly Objection to the Renewal of the Following Liquor Licenses Because of Unpaid Taxes Due the Borough (Referred to Finance Committee):

Business Name License Location

Moose Pass Inn Moose Pass, Alaska

Alaskalanes Kenai, Alaska

Old Town Village Restaurant Kenai, Alaska

R.  ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

April 6, 2004 7:00 PM Regular Assembly Meeting Soldotna

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

Ordinance 2003-45: Amending KPB Chapter 5.12 to Provide for a Flat Tax on Aircraft (Moss) (Final Hearing on 04/06/04) (Referred to Finance Committee)

Resolution 2003-094: In Support of 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) (Tabled on 02/17/04)

U.  INFORMATIONAL MATERIALS AND REPORT

V.  NOTICE OF NEXT MEETING AND ADJOURNMENT

The next meeting of the Kenai Peninsula Borough Assembly will be held on April 6, 2004, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska.