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. August 17, 2004 Regular Meeting Minutes

*2. September 7, 2004 Regular Meeting Minutes

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

"East End Road, Then and Now", Lloyd Schade (15 minutes)

Update from Kachemak Emergency Service Area, Mary Griswold (5 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

1.  Agreement and Contracts

Approval of contract with FD Training Network for Advance Rapid Intervention Team Training for CES

Approval of contract with Jaffa Construction, Inc. for Boiler Re-tubing at Homer High School

Approval of contract with Johnson Surveying for staking, flagging and posting for sale signs for the Fall Land Sale Parcels

Approval of contract with Heat & Frost Insulation, Inc. for Boiler Room Insulation at Nikiski Elementary School

Approval of Request for Waiver of Formal Bidding Procedures and award contract to FNW/Ferguson for purchase of Snap-Tite® Culvert Lining for Homer High School

Approval of bid award to Fire Control Systems, Inc. for Hood and Duct Fire Suppression System Upgrades-2004 Project

2.  Other

Litigation Status Report

Budget Revisions and Revenue - Expenditures Report - August 2004

M.  ITEMS NOT COMPLETED FROM PRIOR AGENDA

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

Ordinance 2004-19-07: Appropriating $28,000 from the Equipment Replacement Fund to Purchase a Vehicle for the Planning Department (Mayor) (Referred to Finance Committee)  Memo

Ordinance 2004-19-09: Accepting and Appropriating a $50,000 State Grant and Transferring $10,000 to Update the Borough's Coastal Management Plan, and Authorizing Award of a Sole-Source Contract (Mayor) (Referred to Finance Committee)  Memo

Ordinance 2004-19-10: Accepting and Appropriating a Grant from the United States Department of Agriculture, Forest Service, in the Amount of $70,000 for Forest Health Restoration (Mayor) (Referred to Finance Committee)  Memo

Ordinance 2004-29: Amending KPB 21.20.250 to Provide for a Reduced Filing Fee, a Payment Plan, or a Waiver of the Filing Fee for Appeals to the Board of Adjustment by Indigent Appellants (Mayor) (Referred to Policies and Procedures Committee)  Memo   Financial Statement

O.  UNFINISHED BUSINESS

Postponed Items

a. Resolution 2004-073: Authorizing the Assessor to Assess Low-Income Housing Tax Credit (LIHTC) Projects Based on Restricted Rents (Mayor) (Referred to Finance Committee)

Resolution 2004-073 (Mayor's) Substitute: Authorizing the Assessor to Assess Low-Income Housing Tax Credit (LIHTC) Projects Based on Restricted Rents (Mayor) (Referred to Finance Committee) Memo  Financial Structures

Ordinance 2004-19-03: Accepting and Appropriating Four Volunteer Fire Assistance Grants from the Alaska Department of Natural Resources (Mayor) (Referred to Finance Committee)  Memo

P.  NEW BUSINESS

Bid Awards

*a. Resolution 2004-090: Award of a Contract for Vehicle Maintenance Services for Central Emergency Services (Mayor) (Referred to Finance Committee)  Memo

*a. Resolution 2004-091: Modifying Authorized Positions in the Maintenance Department (Mayor) (Referred to Policies and Procedures Committee) Memo   Position Descriptions

*b. Resolution 2004-092: Authorizing the Lease of Warehouse and Yard Space at Lot 1, Block B, Nikiski Village Subdivision, KN 1585, for Storage of Nikiski Fire Department Apparatus (Mayor) (Referred to Lands Committee)  Memo   Lease

Resolution 2004-094: Urging the Alaska State Board of Fisheries to Provide Public Opportunity for Testimony in Soldotna at its Upcoming January Meeting (Superman, Fischer, Sprague) (Referred to Legislative Committee)  Memo

Ordinances

*a. Ordinance 2004-19-11: Accepting and Appropriating a Grant in the Amount of $6,000 from the Alaska Division of Homeland Security and Emergency Management for Preparing an All-Hazard Mitigation Plan (Mayor) (Shortened Hearing on 10/12/04) (Referred to Finance Committee)  Memo

*b. Ordinance 2004-19-12: Appropriating $37,500 in Supplemental Funding from the General Fund for the Solid Waste Capital Improvements Program, Tyonek Landfill - Burn Box Purchase, Transportation & Installation (Mayor) (Hearing on 10/26/04) (Referred to Finance Committee)   Memo

*c. Ordinance 2004-19-13: Authorizing the Acquisition of Lots 5, 6 & 7, Block 3, Hillcrest Subdivision, Plat No. KN 1514, Kenai Recording District for an Addition to the Central Emergency Services Facility and Appropriating $75,500 from the Land Trust Fund to Acquire the Property (Mayor) (Hearing on 10/26/04) (Referred to Lands Committee)   Memo

*c. Ordinance 2004-33: Adopting the 2004 Kenai Peninsula Borough All Hazard Mitigation Plan (Mayor) (Hearings on 10/12/04 & 10/26/04) (Referred to Policies and Procedures Committee)  Memo

*d. Ordinance 2004-34: Amending KPB 16.04.080 to Clarify Procedures Regarding Service Area Directors' Employment (Superman) (Hearing on 10/26/04) (Referred to Policies and Procedures Committee)  Memo

*a. Approving the Application for Restaurant Designation Permit filed by Quartz Creek Enterprises, Inc. d.b.a. Sunrise Inn in Cooper Landing, Alaska (Referred to Finance Committee)

*b. Confirming Appointments to Various Advisory Planning Commissions (Referred to Lands Committee)

Anchor Point Advisory Planning Commission:

• Julie Engebretsen Seat D-term expiring September 30, 2007
• Raymond Drake Seat E-term expiring September 30, 2007

Cooper Landing Advisory Planning Commission:

• Robert T. Bear, Jr. Seat A-term expiring September 30, 2007
• Carrie L. Williams Seat B-term expiring September 30, 2007
• Dolores "Dodie" A. Wilson Seat G-term expiring September 30, 2007

Moose Pass Advisory Planning Commission:

• Todd Petersen Seat B-term expiring September 30, 2005
• Curt Jacobson Seat C-term expiring September 30, 2005
• Jennifer Trudeau Seat G-term expiring September 30, 2007

R.  ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

October 05, 2004 Regular Borough Election

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

Ordinance 2004-30: Enacting KPB Chapter 5.12.114 to Provide for Property Tax Reduction for Property Affected by a Disaster (Mayor) (Hearing on 10/12/04) (Referred to Policies and Procedures Committee)

Ordinance 2004-31: Confirming the Assessment Roll for the Char Subdivision Utility Special Assessment District and Establishing the Method for Terminating Assessments and Making Refunds to Property Owners (Mayor) (Hearing on 10/12/04) (Referred to Finance Committee)

Ordinance 2004-32: Amending KPB 16.04.040 Requiring a Public Hearing to be Held Within a Proposed Expanded Service Area Prior to Adoption of an Ordinance Expanding any Such Service Area (Sprague) (Hearing on 10/12/04) (Referred to Policies and Procedures Committee)

Resolution 2004-087: Opposing the Proposed Mixing Zone Revisions to the Alaska Water Quality Standards (Martin) (Postponed Until 10/12/04) (Referred to Lands 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)

Ordinance 2004-24: Providing for the Submission to the Qualified Voters of the Nikiski Fire Service Area in the Kenai Peninsula Borough, Alaska, the Question of the Issuance of One Million Nine Hundred Ninety-Five Thousand Dollars ($1,995,000) of General Obligation Bonds of the Nikiski Fire Service Area to Pay the Costs of the Nikiski Fire Station 3 in the Nikiski Fire Service Area, at an Election in and for the Service Area on October 5, 2004 (Mayor) (Referred to Finance Committee) (Tabled on 08/03/04)

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 October 12, 2004, at 7:00 P.M. in the Borough Assembly Chambers, Soldotna, Alaska.