A. CALL TO ORDER

B. PLEDGE OF ALLEGIANCE

C. INVOCATION

D. ROLL CALL

F.  VACANCY DESIGNATION AND SEATING ASSEMBLY MEMBERS

Swearing in Assembly Member Superman

G.  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.

Election of President and Vice President

I.  APPROVAL OF MINUTES

*1. October 12, 2004 Regular Meeting Minutes

1.  A Resolution Recognizing Christina Reasner as Miss Alaska 2004 (Glick)

2.  Mayor's Proclamation Declaring November 2004 as Family Caregivers Month

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

L.  PUBLIC COMMENTS ON ITEMS NOT APPEARING ON THE AGENDA (3 minutes per speaker; 20 minutes aggregate)

M.  REPORTS OF COMMISSIONS AND COUNCILS

N.  MAYOR'S REPORT

1.  Agreement and Contracts

a.  Approval of contract with Russ' Construction for Sanding and Refinishing Gym Floor at North Peninsula Recreation Center

b.  Approval of contract with J&R Services for Ice Hockey Rink Maintenance at Soldotna Elementary and Soldotna, Kenai Central and Skyview High Schools

c.  Approval of Professional Services Agreement between KPB, on behalf of Central Kenai Peninsula Hospital Service Area and Jackie F. Hewett, for Secretarial Services

2.  Other

a.  Budget Revisions and Revenue-Expenditure Reports - September 2004

b.  Investment Portfolio Report as of September 30, 2004

c.  Project Reports - September 30, 2004

O.  ITEMS NOT COMPLETED FROM PRIOR AGENDA

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

1.  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) (Referred to Finance Committee)  Memo

3.  Ordinance 2004-19-20: Accepting and Appropriating a State Grant in the Amount of $100,000 for the 2006 Arctic Winter Games (Mayor) (Referred to Finance Committee)  Memo   Backup

4.  Ordinance 2004-33: Adopting the 2004 Kenai Peninsula Borough All Hazard Mitigation Plan (Mayor) (Final Hearing) (Referred to Policies and Procedures Committee)  Memo   Backup

5.  Ordinance 2004-34: Amending KPB 16.04.080 to Clarify Procedures Regarding Service Area Directors' Employment (Superman) (Referred to Policies and Procedures Committee)  Memo

6.  Ordinance 2004-36: Amending KPB 5.18.430, Sales Tax Computation - Maximum Tax, By Increasing It From $500 to $1000 (Mayor) (First of Two Hearings) (Referred to Finance Committee)   Memo  Backup

Q.  UNFINISHED BUSINESS

1.  Postponed Items

a.  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) (Referred to Finance Committee)  Memo  Assessment Spreadsheet  Amendment Memo  Memo  Exhibit 1  Exhibit 2  Exhibit 3   Exhibit 4    Exhibit  5   Exhibit  6   Exhibit  7

b.  Resolution 2004-106: Establishing Positions in the Solid Waste Department for the Central Peninsula Landfill (Mayor) (Referred to Policies and Procedures Committee)  Memo  Position Descriptions

R.  NEW BUSINESS

1. Resolutions

*a. Resolution 2004-107: Supporting Certain Kenai Peninsula Borough Road Service Area Roads Be Included in the State of Alaska Department of Transportation and Public Facilities 2006-2008 State Transportation Improvement Program and Providing for a Local Funding Match (Mayor) (Referred to Legislative Committee)   Memo   Memo

*b. Resolution 2004-108: Supporting the Application by the Borough to the Alaska Housing Finance Corporation and the Denali Commission for Additional Funding for the Tyonek Teacher Housing Project (Mayor) (Referred to Finance Committee)  Memo

2.  Ordinances

*a. Ordinance 2004-19-22: Appropriating Supplemental Funding in the Amount of $80,000 to Cover Costs Associated with Appraisal, Appraisal Review, Audit, and Support for Certain Section 29.45 Property Owned by an Oil and Gas Company (Mayor) (Hearing on 12/07/04) (Referred to Finance Committee)  Memo

*b. Ordinance 2004-19-23: Authorizing the Negotiated Lease at Fair Market Value of Government Lots 5 and 8, Section 34, T1n, R13w. S.M. Alaska, Containing Approximately 10 Acres to Marathon Oil Company for a Natural Gas Drilling/Production Pad (Mayor) (Hearing on 12/07/04) (Referred to Finance Committee  Memo   Lease  Maps   Backup

*c. Ordinance 2004-19-24: Accepting and Appropriating a Federal Grant in the Amount of $745,575 for Recreational Facilities to be Used During the 2006 Arctic Winter Games (Mayor) (Shortened Hearing on 11/16/04) (Referred to Finance Committee)  Memo   Backup

*d. Ordinance 2004-19-25: Appropriating $54,000 from the South Peninsula Hospital Service Area Fund Balance to Provide Supplemental Funding to Assist in the Procurement of Malpractice Insurance for Surgeons at the South Peninsula Hospital (Mayor at the request of the SPHSAB) (Hearing on 12/07/04) (Referred to Finance Committee)  Memo

*a. Petition to Vacate Bull Moose Lane and Portion of High Bush Court within Tract A, Dedicated by Birch Hollow Subdivision No 12 (Plat KN 96-93); within Sections 30, Township 5 North Range 9 West, Seward Meridian, Alaska; and the Kenai Peninsula Borough; Petitioners: Nick John and Georgia L Poppin of Soldotna, Alaska; Location: West of Longmere Lake (Referred to Lands Committee     Laydown Info

[Clerk's Note: The Planning Commission approved the reference vacation subject to staff's recommendations during its regularly scheduled October 11, 2004 meeting. Staff's recommendations are included in the minutes]

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

1.  Ordinance 2004-19-14: Appropriating Supplemental Funding of $17,824 From the Nikiski Senior Service Area Fund Balance to Cover Septic System Repairs and Workers Compensation Insurance Costs in Excess of the Budgeted Amount (Mayor) (Hearing on 11/16/04) (Referred to Finance Committee)

3.  Ordinance 2004-19-16: Accepting and Appropriating a State Grant in the Amount of $10,000 for a Flashing Warning Light for the Central Peninsula Emergency Medical Service Area (Mayor) (Hearing on 11/16/04) (Referred to Finance Committee)

4.  Ordinance 2004-19-17: Accepting and Appropriating a State Grant in the Amount of $7,000 for a Sign at Nikiski North Star Elementary School (Mayor) (Hearing on 11/16/04) (Referred to Finance Committee)

5.  Ordinance 2004-19-18: Accepting and Appropriating a State Grant in the Amount of $10,000 for Distance Learning Equipment for the South Kenai Peninsula Hospital Service Area (Mayor) (Hearing on 11/16/04) (Referred to Finance Committee)

6.  Ordinance 2004-19-19: Accepting and Appropriating a State Grant in the Amount of $70,00 for Purchase of a Tanker Truck for the Anchor Point Fire and Emergency Medical Service Area (Mayor) (Hearing on 11/16/04) (Referred to Finance Committee)

7.  Ordinance 2004-19-21: Appropriating $275,000 from the Equipment Replacement Fund to Purchase Heavy Equipment for the Central Peninsula Landfill (Mayor) (Hearing on 11/16/04) (Referred to Finance Committee)

8.  Ordinance 2004-35: Amending KPB Chapter 1.12 to Provide For Economic Summaries to be Attached to Proposed Ordinances (Glick) (Hearing on 11/16/04) (Referred to Policies and Procedures Committee)

9.  Ordinance 2004-36: Amending KPB 5.18.430, Sales Tax Computation - Maximum Tax, By Increasing It From $500 to $1000 (Mayor) (Second Hearing on 11/16/04) (Referred to Finance Committee)

W.  INFORMATIONAL MATERIALS AND REPORTS

X.  NOTICE OF NEXT MEETING AND ADJOURNMENT

The next meeting of the Kenai Peninsula Borough Assembly will be held on November 16, 2004, 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 or outside 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.