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. April 19, 2005 Special Meeting Minutes 

*2. April 19, 2005 Regular Meeting Minutes 

Proclamation Declaring May 1 through May 7, 2005 as Municipal Clerk's Week (Mayor) 

Proclamation Declaring May 2005 as Motorcycle Awareness Month (Mayor) 

A Resolution Commending Amy Collman as the Kenai Peninsula Boys and Girls Club "Youth of the Year" (Long) 

A Resolution Honoring Melissa Olver as the Alaska PTA "Educator of the Year" (Long) 

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

K.  REPORTS OF COMMISSIONS AND COUNCILS

L.  MAYOR'S REPORT  

Agreement and Contracts

Approval of contract with HCG, Inc. to review and complete Spill Prevention Countermeasure Control Plans for Nikolaevsk and Chapman Elementary Schools

Approval of contract with Alaskan Industries, Inc. for Flooring Replacement in Multi-Purpose Room at Seward Elementary 

Approval of contract with Tinker Creek Surveys for South Peninsula Hospital Addition 2005 Surveying and Platting Services 

Other

Letter from US Postal Service regarding Proposed New Main Post Office in Clam Gulch, Alaska 

Investment Portfolio Report as of March 31, 2005 

M.  ITEMS NOT COMPLETED FROM PRIOR AGENDA

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

Ordinance 2004-19-44: Appropriating Funds from the Kenai Middle School Bleacher Project to the Seward Middle School Bleacher Project for New Bleacher Placement and Redoubt Elementary School Fire Alarm Improvements (Mayor) (Referred to Finance Committee) Memo

Ordinance 2004-19-45: Accepting an Ambulance from the Southern Region Emergency Medical Services Council, Inc. on Behalf of Anchor Point Fire and Emergency Medical Service Area and Appropriating a $10,000 Local Match (Mayor) (Referred to Finance Committee)  Memo

Ordinance 2004-19-46: Appropriating Supplemental Funding to Cover Health Insurance Cost in Excess of Budgeted Amounts (Mayor) (Referred to Finance Committee) Memo

Ordinance 2004-19-47: Appropriating $1,176,940.95 to the Fiscal Year 2005 Road Service Area Capital Improvement Project Fund and Redirecting $75,000 from Previously Authorized Projects to Provide Additional Funding for the New Projects (Mayor) (Referred to Finance Committee) Memo  Amendment Memo

Ordinance 2004-19-48: Accepting and Appropriating a Direct Lump Sum Payment of $2,071,000 from the U.S. Forest Service to Implement the Spruce Bark Beetle Action Plan (Mayor) (Referred to Finance Committee) Memo  Backup

Ordinance 2004-19-49: Accepting and Appropriating a State Grant in the Amount of $45,000 for the Nikiski Community Center Renovations (Mayor) (Referred to Finance Committee) Memo  Backup

Ordinance 2005-05 (Glick) Substitute: 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) (First of Two Hearings) (Referred to Policies and Procedures Committee) Amendment Memo  Memo  Backup  Memos  Backup  Backup   Backup

Ordinance 2005-09: Amending the Borough Code to Provide for Increased Revenue Enhancement Measures Including Reducing the Senior Citizen/Disabled Veterans Property Tax Exemption to the First $200,000 in Value of Real Property Otherwise Eligible for the Exemption, Increasing the Borough Sales Tax Rate to 2.5 Percent, Amending KPB 5.18 to Provide that Taxes on Recreational Package Sales Shall be Calculated on a Per-Person Per-Day Basis, Imposing a Cap on the Amount of Funds Held in the Land Trust Fund (Mayor) (Second of Three Hearings) (Referred to Finance Committee) Memo  Backup Amendment Memo  Backup  Homer Resolution  Land Trust Amendment  Memo  Senior Citizen Amendment Memo  Backup  Amendment Memo

Ordinance 2005-11: Establishing Time, Place, and Manner Restrictions on Sexually Oriented Businesses in the Rural District of the Kenai Peninsula Borough (Martin) (Referred to Lands Committee) Memo  Amendment Memo  Backup Memo  Backup  Maps  Amendment Memo

Ordinance 2005-15: Amending KPB 5.18.430 to Delete Subparagraph B, Which Provides that Service Provided on Account are Taxed on a Maximum of $500 for Each Billing Per Account (Chay) (First of Two Hearings) (Referred to Finance Committee) Memo

Ordinance 2005-17: Authorizing the Negotiated Sale of a Tax Foreclosure Parcel Previously Retained for Public Purpose (Mayor) (Referred to Lands Committee) Memo  Memo  Exhibit A  Gillespie Application  Revised Appraisal  As-Built   Attachment A  Clerks Deed   Memo

Ordinance 2005-18: Authorizing Negotiated Leases of Space at the Kenai River Center Building with the State of Alaska, Department of Natural Resources, and the United State Environmental Protection Agency (Mayor) (Referred to Lands Committee) DNR Lease  EPA Lease  KPC Floorplan

Ordinance 2005-19: Appropriating Funds for Fiscal Year 2005-2006 (Mayor) (First of Two Hearings) (Referred to Finance Committee) Memo  Backup  Backup

Ordinance 2005-20: Repealing KPB 2.56.005 and Enacting KPB 2.56.006, Adopting the 2005 Kenai Peninsula Borough Comprehensive Plan (Mayor) (First of Two Hearings) (Referred to Lands Committee) 

O.  UNFINISHED BUSINESS

Resolution 2005-036: Determining the Amount to be Provided from Local Sources for School Purposes During Fiscal Year 2005-2006 (Mayor) (Referred to Finance Committee) Memo  School District Memo

P.  NEW BUSINESS

Bid Awards

*a. Resolution 2005-037: Authorizing Award of Contracts for Six, Group A, Road Service Area Capital Improvement Projects (Mayor) (Referred to Finance Committee) Memo  Bid Tab

*a. Resolution 2005-038: Revising the Borough Records Retention Schedule (Superman at the Request of the Borough Clerk) (Referred to Policies and Procedures Committee)  Memo

*b. Resolution 2005-039: Authorizing Extension of Contract for Banking Services (Mayor) (Referred to Finance Committee) Memo  extension

*c. Resolution 2005-040: Authorizing a One-Year Extension of the Existing Contract with East Road Services, Inc. to Manage the Eagle Lake Gravel Site (Mayor) (Referred to Finance Committee) Memo

*d. Resolution 2005-041: Authorizing the Acceptance of Late-Filed Senior Citizen and Disabled Veteran Exemption Applications (Mayor) (Referred to Policies and Procedures Committee) Memo

*a. Ordinance 2004-19-51: Appropriating Supplemental Funding in the Amount of $65,000 to Cover Costs Associated with Board of Equalization Hearings (Mayor) (Shortened Hearing on 05/17/05) (Referred to Finance Committee) Memo

*a. Request for Formal Assembly Objection to the Renewal of Liquor License for Kenai Joe's in Kenai, Alaska, Because of Unpaid Taxes Due the Borough (Referred to Finance Committee) 

May 17, 2005 07:00 PM Regular Assembly Meeting Soldotna

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

Ordinance 2004-19-50: Accepting and Appropriating a Grant from the U. S. Department of Homeland Security in the Amount of $8,271 for the Bear Creek Fire Service Area for Fire Prevention and Safety (Mayor) (Hearing on 05/17/05) (Referred to Finance Committee)

Ordinance 2005-09: Amending the Borough Code to Provide for Increased Revenue Enhancement Measures Including Reducing the Senior Citizen/Disabled Veterans Property Tax Exemption to the First $200,000 in Value of Real Property Otherwise Eligible for the Exemption, Increasing the Borough Sales Tax Rate to 2.5 Percent, Amending KPB 5.18 to Provide that Taxes on Recreational Package Sales Shall be Calculated on a Per-Person Per-Day Basis, Imposing a Cap on the Amount of Funds Held in the Land Trust Fund (Mayor) (Hearings on 04/19/05, 05/03/05 & 05/17/05) (Referred to Finance Committee)

Ordinance 2005-12: Amending KPB 5.18.450 to Provide Parity Between Local and Out of Jurisdiction Service Providers (Chay) (Postponed until 05/17/05) (Referred to Policies and Procedures Committee)

Ordinance 2005-13: Amending KPB 21.26.030 (A)(3) to Clarify Conditions for Material Site Permits (Chay) (Hearings on 08/02/05 & 08/16/05) (Referred to Lands Committee)

Ordinance 2005-15: Amending KPB 5.18.430 to Delete Subparagraph B, Which Provides that Service Provided on Account are Taxed on a Maximum of $500 for Each Billing Per Account (Chay) (Hearings on 05/03/05 & 05/17/05) (Referred to Finance Committee)

Ordinance 2005-19: Appropriating Funds for Fiscal Year 2005-2006 (Mayor) (Hearings on 05/03/05 & 05/17/05) (Referred to Finance Committee)

Ordinance 2005-20: Repealing KPB 2.56.005 and Enacting KPB 2.56.006, Adopting the 2005 Kenai Peninsula Borough Comprehensive Plan (Mayor) (Hearings on 05/03/05 & 05/17/05) (Referred to Lands Committee)

Ordinance 2005-21: Authorizing the Disposition of Certain Real Property Through a Memorandum of Agreement Between the Kenai Peninsula Borough, the State of Alaska Department of Transportation and Public Facilities, and the State of Alaska Department of Administration Enterprise Technology Service (Mayor) (Hearing on 05/17/05) (Referred to Lands Committee)

Ordinance 2005-22: Amending KPB 4.13.140(A) and 4.13.150(A) Regarding the Scheduling of Elections Concerning Initiative and Referendum Petitions (Superman at the request of the Borough Clerk) (Hearing on 05/17/05) (Referred to Policies and Procedures Committee)

Resolution 2005-029: Supporting the Continuation of the Kenai Spur Extension Road Project (Mayor) (Postponed until 07/12/05) (Referred to Finance Committee)

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

S.  INFORMATIONAL MATERIALS AND REPORTS

T.  NOTICE OF NEXT MEETING AND ADJOURNMENT

The next meeting of the Kenai Peninsula Borough Assembly will be held on May 17, 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.