Kenai Peninsula Borough

Assembly Agenda

February 15, 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. February 1, 2005 Regular Meeting Minutes

H.  COMMENDING RESOLUTIONS AND PROCLAMATIONS

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:

b.  Approval of contract with First American Title/Homer for Limited Liability Report

c.  Approval of contract with First American Title/Seward for Limited Liability Report

d.  Approval of contract with First American Title/Kenai for Limited Liability Report

e.  Approval to Award Contract to Clyde Benson and Jeffry Johnson for the Financial audit of the Tesoro Refinery - 2005 Assessment Year

2.  Other

a.  Kenai Peninsula Small Business Development Center First Quarter Report - October 1, 2004 through December 31, 2004

b.  Budget Revision - January 2005

c.  Revenue Expenditure Report - January 2005

M.  ITEMS NOT COMPLETED FROM PRIOR AGENDA

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

Ordinance 2004-19-34: Accepting $909,700 from the State of Alaska for Keystone Drive Road Improvement and Appropriating the Grant to a Road Service Area Capital Project Account (Mayor) (Referred to Finance Committee)  Memo

Ordinance 2005-03: Amending KPB 5.12.050(B) to Require a Filing Fee for Appeals to the Board of Equalization (Mayor) (Referred to Policies and Procedures Committee)   Memo   Amendment Memo

O.  UNFINISHED BUSINESS

Postponed Items

Ordinance 2005-02: Amending KPB 2.56.040 to Incorporate the Goals of the City of Soldotna Action Plan into the 1995 Soldotna Comprehensive Plan (Mayor) (Referred to Lands Committee)   Memo

P.  NEW BUSINESS

1.  Bid Awards

*a. Resolution 2005-014: Authorizing Award of a Contract to Produce Community Wildfire Protection Plans (Mayor) (Referred to Finance Committee)  Memo

2.  Resolutions

*a. Resolution 2005-015: Urging the Alaska Board of Game to Oppose Proposals 129 and 137 to Open Bear Hunting in the Kamishak Special Use Area and Support Proposals 29 or 30 to Protect McNeil River and Katmai Coast Bears (Martin) (Referred to Legislative Committee)   Memo

*b. Resolution 2005-016: Authorizing Occupancy of Certain Portions of the Former Nikiski Elementary School Building by the North Peninsula Recreation Service Area (Superman) (Referred to Finance Committee)  Memo

*c. Resolution 2005-008: Forming the West Brook Estates Road Improvement Assessment District and Proceed with the Improvement (Mayor) (Referred to Finance Committee)  Memo 

3.  Ordinances

*a. Ordinance 2004-19-39: Transferring $53,871.48 to the Road Service Area Henry Creek Bridge Capital Improvement Project from Completed Capital Improvement Projects and Awarding the Henry Creek Bridge Project to Covey Enterprises (Mayor) (Hearing 03/15/05) (Referred to Finance Committee)  Memo

4.  Other

*a. Petition to vacate a 40' public use easement adjacent to Lots 1 thru 13 Block 2, dedicated by Sumpter Subdivision (Plat KN 525); within Section 12, Township 5 North, Range 9 West, Seward Meridian, Alaska; and the Kenai Peninsula Borough; KPB File 2005-023; KPBPC Resolution 2005-03. (Staff Note: 20' utility easements will be granted as requested by utility company) (Referred to Lands Committee)

[Clerk's Note: The Planning Commission unanimously approved the reference vacation subject to staff's recommendations during its regularly scheduled January 24, 2005 meeting. Staff Recommendations are included in the minutes.]

*b. Petition to vacate Julie Avenue and associated underlying section line easement: the 30-foot right-of-way and utility easement granted along the north boundary of Lot 8 Martin Subdivision (Plat HM 63-698) and the associated underlying 33 or 50-foot section line easement, if any, within Section 5, Township 6 South, Range 12 West; and the 33-foot right-of-way dedicated along the south boundary of Tracts 1 and 2 Schroer Subdivision (Plat HM 75-22) and the underlying 33-foot section line easement; and the 33-foot right-of-way dedicated along the south boundary of Tract 1-A Schroer/Walker Replat (Plat HM 95-15) and the underlying 33-foot section line easement, within Section 32, Township 5 South, Range 12 West; all within the Seward Meridian and Kenai Peninsula Borough, Alaska; KPB File 2005-009 (Referred to Lands Committee)

[Clerk's Note: The Planning Commission unanimously approved the reference vacation subject to staff's recommendations during its regularly scheduled January 24, 2005 meeting. Staff Recommendations are included in the minutes.]

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

R.  ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

February 16, 2005 10:00 AM Board of Adjustment Hearing Soldotna

March 1, 2005 07:00 PM Regular Assembly Meeting Soldotna

S.  ASSEMBLY COMMENTS

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

Ordinance 2005-04: Enacting KPB 5.08.025 Establishing Guidelines for Service Areas to Borrow Money from the General Fund for Capital Acquisitions (Martin) (Hearing on 03/01/05) (Referred to Policies and Procedures Committee)

Ordinance 2005-05: Enacting KPB Chapter 5.19, Providing for a Transient Accommodations Tax and Providing for the Submission to the Voters of a Proposition Authorizing the Borough to Impose this Tax (Glick) (Hearings on 03/01/05, 03/15/05 and 04/05/05) (Referred to Policies and Procedures Committee)

Ordinance 2005-06: Authorizing the Lease and Sale of land in the Cooper Landing Area to the Cooper Landing Senior Citizen Corporation, Inc. at Less Than Fair Market Value (Mayor) (Hearing on 03/01/05) (Referred to Lands Committee)

Ordinance 2004-19-28: Accepting and Appropriating a State Grant in the Amount of $75,000 for Construction of a Road to the Cooper Landing Senior Housing Site (Mayor) (Hearing Postponed to 03/01/05) (Referred to Finance Committee)

Ordinance 2004-19-35: Appropriating $213,956 to the Special Assessment Fund for West Brook Estate Road Improvement Special Assessment District (Mayor) (Hearing on 03/01/05) (Referred to Finance Committee)

Ordinance 2004-19-36: Accepting a $100,200 Grant from the Denali Commission and Appropriating the Grant and Additional Funds of $41,800 to the Solid Waste Department for Burnboxes in Nanwalek and Seldovia (Mayor) (Hearing on 03/01/05) (Referred to Finance Committee)

Ordinance 2004-19-37: Accepting and Appropriating a $9,000 Grant from the State of Alaska for a Floodplain Management Workshop (Mayor) (Hearing on 03/01/05) (Referred to Finance Committee)

Ordinance 2004-19-38: Accepting an Ambulance from the Southern Region Emergency Medical Services Council, Inc. and Appropriating Matching Funds in the Amount of $7,500 on Behalf of Kachemak Emergency Services (Mayor) (Hearing on 03/01/05) (Referred to Finance Committee)

Ordinance 2004-35: Amending KPB Chapter 1.12 to Provide For Economic Summaries to be Attached to Proposed Ordinances (Glick) (Postponed until 03/01/05) (Referred to Policies and Procedures Committee)

Ordinance 2004-36: Amending KPB 5.18.430, Sales Tax Computation - Maximum Tax, By Increasing It From $500 to $1000 (Mayor) Postponed until 03/01/05) (Referred to Finance Committee)

Resolution 2005-006: Approving the Construction of Access Through Borough Land to the Cooper Landing Senior Facility as a Road Construction Project Pursuant to KPB 16.41.190 (Mayor) (Hearing Postponed to 03/01/05) (Referred to Lands Committee)

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 March 1, 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.