Kenai Peninsula Borough

Assembly Agenda

May 17, 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. May 3, 2005 Regular Meeting Minutes

H.  COMMENDING RESOLUTIONS AND PROCLAMATIONS

Proclamation Declaring June 3-4, 2005 as the Relay for Life on the Kenai Peninsula (Mayor)

*2. A Resolution Commending the Kenai River Center and the Kenai Watershed Forum as Recipients of the 2004 Coastal American Partnership Award and Commendation from President Bush for Their Cooperative Effort to Restore Silver Salmon Creek (Sprague)

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

Presentation by Mr. Ron DuPrez, Health Survey Study Findings, Requested by the Central Kenai Peninsula Hospital Service Area Board (10 minutes)

Finance Department - Budget Presentation (10 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

a.  Approval of bid award to Northwest Carpet Company LLC for McNeil Canyon School Flooring Replacement 2005

b.  Approval of bid award to Floor-Ever, Inc. for Nikiski Middle/High School Flooring Replacement 2005

c.  Approval of bid award to Northwest Linings & Geotextile Products, Inc. for Reinforced Polyethylene Material at Central Peninsula Landfill Services

d.  Approval of sole source contract with West Coast Paper for purchase of Gym Floor Refinishing Products

e.  Approval for waiver of formal bidding procedures for Trane Unit Ventilators at Kenai High School

2.  Other

a.  Kenai Borough Employees Association Scholarship Recipients

b.  Letter from John D. Coston, Chair, Agrium Employee Support Committee regarding letter of support from Mayor Bagley

c.  Kenai Peninsula Small Business Development Center - Second Quarter Report

d.  Revenue-Expenditure Report - April 2005

e.  Budget Revisions - April 2005

M.  ITEMS NOT COMPLETED FROM PRIOR AGENDA

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

1.  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) (Referred to Finance Committee)  Memo  Backup

2.  Ordinance 2004-19-51: Appropriating Supplemental Funding in the Amount of $65,000 to Cover Costs Associated with Board of Equalization Hearings (Mayor) (Referred to Finance Committee)  Memo

3.  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) (Referred to Policies and Procedures Committee)  Memo   Backup

4.  Ordinance 2005-09: Amending the Borough Code to Provide for Increased Revenue Enhancement Measures Including Increasing the Borough Sales Tax Rate to 3 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) (Referred to Finance Committee)  Memo  Amendment Memo   Amendment Memo  Amendment Memo  Memo  Budget Update  Backup  Backup

5.  Ordinance 2005-12: Amending KPB 5.18.450 to Provide Parity Between Local and Out of Jurisdiction Service Providers (Chay) (Referred to Policies and Procedures Committee)

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

7.  Ordinance 2005-19: Appropriating Funds for Fiscal Year 2005-2006 (Mayor) (Referred to Finance Committee)  Memo  Backup  CES Memo  Budget Backup  Budget Update  Backup  Backup  Memo  Memo  Memo  Mayor Memo

8.  Ordinance 2005-20: Repealing KPB 2.56.005 and Enacting KPB 2.56.006, Adopting the 2005 Kenai Peninsula Borough Comprehensive Plan (Mayor) (Referred to Lands Committee)  Backup PC Revisions

9.  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) (Referred to Lands Committee)  Memo  Map  DOA Permit  Attachment A  ADL  MOA  Resolution   Patent

10.  Ordinance 2005-22: Amending KPB 4.130.140(A) and 4.130.150(A) Regarding the Scheduling of Elections Concerning Initiative and Referendum Petitions (Superman at the request of the Borough Clerk) (Referred to Policies and Procedures Committee)

O.  UNFINISHED BUSINESS

P.  NEW BUSINESS

1.  Bid Awards

*a. Resolution 2005-042: Authorizing Award of a Contract for Construction Services for Redoubt Elementary and Soldotna High School Fire Detection and Alarm System (Mayor) (Referred to Finance Committee)  Memo  Bid Tab

2.  Resolutions

a. Resolution 2005-043: Setting the Rate of Levy for Real and Personal Property Taxes for the Kenai Peninsula Borough and for Service Areas within the Borough for the Tax Year 2005 (Mayor) (Referred to Finance Committee)

*b. Resolution 2005-044: Supporting the Funny River Bridge Project and Authorizing the Mayor to Negotiate the Administration, Management, and Ownership of the Project with the State Department of Transportation and Public Facilities (Mayor) (Referred to Lands Committee)  Memo  Backup  Backup  Backup 2   Backup 3  Backup 4

*c. Resolution 2005-045: Authorizing the Borough to Enter into a One-Year Lease Agreement with Four One-Year Renewals with the Estate of Robert L. Plymire to Extend the Use and Occupancy of the Borough's Satellite Office in Homer (Mayor) (Referred to Lands Committee)  Memo  Lease   Backup

3.  Ordinances

*a. Ordinance 2004-19-52: Accepting and Appropriating a Grant from the Alaska Division of Homeland Security and Emergency Management in the Amount of $26,637.83 for the Kenai Peninsula Citizens Corps Programs (Mayor) (Shortened Hearing on 06/07/05) (Referred to Finance Committee)  Memo

*b. Ordinance 2004-19-53: Accepting and Appropriating a Grant from the Alaska Division of Homeland Security and Emergency Management in the Amount of $238,568.75 for Emergency Preparedness (Mayor) (Shortened Hearing on 06/07/05) (Referred to Finance Committee)  Memo

*c. Ordinance 2004-19-54: Correcting Ordinance 2004-19-30, Which Accepted and Appropriated a Grant from the State Department of Health and Social Services in the Amount of $927,151 for the South Peninsula Hospital Expansion Project (Mayor) (Hearing on 06/21/05) (Referred to Finance Committee)  Memo

*d. Ordinance 2004-19-55: Appropriating $322,551 from the General Fund to Provide Supplemental Funding from Local Sources for School Purposes During Fiscal Year 2004-2005 (Mayor) (Hearing on 06/21/05) (Referred to Finance Committee)  Memo

*e. Ordinance 2005-23: Authorizing the Long-Term Lease of Beach Access Tract, Moose Point Subdivision to ConocoPhillips Company at Fair Market Value (Mayor) (Hearing on 06/21/05) (Referred to Lands Committee) Memo  Map  Appraisal  Supporting  Memo  Draft Lease

*f. Ordinance 2005-24: Enacting KPB 16.16.090 Requiring Voter Approval for Certain Major Capital Improvement Projects in the North Peninsula Recreation Service Area (Mayor) (Hearing on 06/21/05) (Referred to Policies and Procedures Committee)  Memo

*g. Ordinance 2005-25: Certifying 6,500 Feet of Moose Range Drive in the Central Region and 4,440 Feet of Fairway Avenue in the West Region of the Road Service Area for Road Maintenance (Mayor) (Hearing on 06/21/05) (Referred to Lands Committee) Memo  Maps  Memo

4.  Other

*a. Approving the Application for Transfer Relocation of Liquor License filed by Nancy M. Lupton dba Magpye's Pizzeria in Sterling, Alaska (Referred to Finance Committee)   Color Maps

*b. Approving the Application for Restaurant Designation filed by Nancy M. Lupton dba Magpye's Pizzeria in Sterling, Alaska (Referred to Finance Committee)

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

R.  ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

May 18, 2005 08:30 AM Board of Equalization Training Session Soldotna

May 18, 2005 09:00 AM Board of Equalization Hearings Soldotna

May 19, 2005 09:00 AM Board of Equalization Hearings Soldotna

June 7, 2005 07:00 PM Regular Assembly Meeting Soldotna

June 8, 2005 09:00 AM Board of Equalization Hearings Soldotna

June 9, 2005 09:00 AM Board of Equalization Hearing Soldotna

June 16, 2005 09:00 AM Board of Equalization Hearing Soldotna

S.  ASSEMBLY COMMENTS

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

Ordinance 2005-11: Establishing Time, Place, and Manner Restrictions on Sexually Oriented Businesses in the Rural District of the Kenai Peninsula Borough (Martin) (Postponed until 06/21/05) (Referred to Lands 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)

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)

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 June 7, 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.