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. May 17, 2005 Regular Meeting Minutes 

1.  A Proclamation Declaring the week of June 6, 2005, as Hunger Awareness Week (Mayor) 

*2. A Resolution Commending Chief Daniel Gregory upon His Retirement from the Nikiski Fire Department (Superman)

K.  REPORTS OF COMMISSIONS AND COUNCILS

L.  MAYOR'S REPORT  

1.  Agreement and Contracts

Spruce Bark Beetle Mitigation Program:

• Approval of contract with Steve's Tree Service for Tustumena Lake Road #4 ROW 

• Approval of contract with Norris & Sons for application of Calcium Chloride to roads in North Region 
• Approval of contract with Metco, Inc. for application of Calcium Chloride to roads in East Region 
• Approval of contract with 2 Bears Trucking for application of Calcium Chloride to roads in South and Central Regions 
• Approval of contract with Floor-Ever, Inc. for Flooring Replacement at Nikiski Middle/High School
• Approval of bid award to Alert Alarm of Alaska for Closed Circuit Television Surveillance Systems at Central and Homer Landfills 
• Approval of bid award to Ramsey Carpet Service, Inc. for Flooring Replacement at Moose Pass Elementary School 
• Approval of bid award to Floor-Ever, Inc. for Flooring Replacement at Skyview High School 

• Letter to Governor Frank Murkowski regarding purchase of Corr Homestead 

M.  ITEMS NOT COMPLETED FROM PRIOR AGENDA

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

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) 

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) Backup

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

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) (Referred to Finance Committee) Memo

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) (Referred to Finance Committee) Memo

O.  UNFINISHED BUSINESS

Notice of Reconsideration

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) [Reconsideration filed by Mr. Fischer]  Amendment Memo  Backup  Backup

P.  NEW BUSINESS

Bid Awards

*a. Resolution 2005-048: Authorizing Award of Contract for Kenai Central High School Roof Replacement, Sections "C" and "D" (Mayor) (Referred to Finance Committee) Memo

*a. Resolution 2005-046: Establishing the Necessity for the Pollard Loop Subdivision Utility Special Assessment District (USAD) for the Construction of a Natural Gas Main Line (Mayor) (Referred to Lands Committee) Memo  Backup  Backup

*b. Resolution 2005-047: Establishing the Necessity for the Scooter's Landing Subdivision Utility Special Assessment District (USAD) for the Construction of a Natural Gas Main Line (Mayor) (Referred to Lands Committee) Memo  Backup  Backup

*c. Resolution 2005-049: Approving the Construction of Kasilof River Road Located in the Road Service Area West Region, Unit 3, Pursuant to KPB 16.41.190 (Mayor) (Referred to Lands Committee) Memo   Map

*d. Resolution 2005-050: Reclassifying Certain Borough Land Located in the Russian Gap Area of Cooper Landing, Section 25, T5N, R3W, S. M., Alaska, as Recreational (Mayor) (Referred to Lands Committee) Memo  Staff Report   Classifications  Written Comments Aerial   Attachment A Backup Memo

*e. Resolution 2005-051: Authorizing the Assessor to Assess Low-Income Housing Tax Credit (LIHTC) Project Based on Restricted Rents (Mayor) (Referred to Finance Committee) Memo

*f. Resolution 2005-052: Authorizing Transfer of Funds from the Completed Homer High School Exterior Refurbishment Project to the Kenai High School Roof Replacement Sections "C" and "D" Project (Mayor) (Referred to Finance Committee) Memo

*g. Resolution 2005-053: Supporting and Recognizing the Significance of Coastal Planning and Supporting the Effort of the Kenai Peninsula Borough Coastal District to Develop its Final Plan Amendment to its Coastal Zone Management Plan (Mayor) (Referred to Lands Committee) Memo

*h. Resolution 2005-054: Authorizing Award of a Grant in the Amount of $40,000 to Cook Inlet Council on Alcohol and Drug Abuse (Mayor at request of the CKPHSA Board) (Referred to Finance Committee) Memo

*i. Resolution 2005-055: Approving the Construction of LaCross Way Located in the Road Service Area West Region, Unit 2, Pursuant to KPB 16.41.190 (Mayor) (Referred to Lands Committee) Memo    Map

*a. Ordinance 2004-19-56: Accepting and Appropriating a Grant from the Alaska Division of Homeland Security and Emergency Management in the Amount of $50,000 for Security Equipment (Mayor) (Shortened Hearing on 06/21/05) (Referred to Finance Committee) Memo

*b. Ordinance 2005-19-01: Accepting $2,000,000 from the State of Alaska for Keystone Drive Road Improvements and Appropriating the Grant to a Road Service Area Capital Project Account (Mayor) (Hearing on 07/12/05) (Referred to Finance Committee) Memo

*c. Ordinance 2005-19-02: Accepting and Appropriating a Grant from the U.S. Federal Transit Administration in the Amount of $1,456,311 and Appropriating the Grant and Matching Funds of $298,281 for School Buses (Mayor ) (Hearing on 07/12/05) (Referred to Finance Committee) Memo

*d. Ordinance 2005-19-03: Accepting and Appropriating a Grant from the Alaska Housing Finance Corporation in the Amount of $235,000 for Teacher Housing in Tyonek (Mayor) (Hearing on 06/21/05) (Referred to Finance Committee) Memo  Backup Memo

*e. Ordinance 2005-19-04: Accepting $93,084 from the U.S. Department of Homeland Security for Central Emergency Services for Fire Prevention and Safety and Appropriating the Grant and $10,342 in Matching Funds to a Capital Project Account (Mayor) (Hearing on 07/12/05) (Referred to Finance Committee) Memo

*f. Ordinance 2005-19-05: Accepting and Appropriating a Federal Grant in the Amount of $992,000 for Housing Needs During the 2006 Arctic Winter Games (Mayor) (Hearing on 07/12/05) (Referred to Finance Committee) Memo

*g. Ordinance 2005-19-06: Appropriating $174,691.89 to the Special Assessment Fund for Pollard Loop Natural Gas Line Utility Special Assessment District (USAD) (Mayor) (Hearing on 07/12/05) (Referred to Finance Committee) Memo

*h. Ordinance 2005-19-07: Appropriating $111,118.80 to the Special Assessment Fund for Scooter's Landing Natural Gas Line Utility Special Assessment District (USAD) (Mayor) (Hearing on 07/12/05) (Referred to Finance Committee) Memo

*i. Ordinance 2005-26: Authorizing a Land Exchange with the City of Soldotna of a 10-Acre Borough Parcel on West Redoubt for a 17-Acre City Parcel on the Sterling Highway to Support a City Cemetery (Mayor) (Hearing on 07/12/05) (Referred to Lands Committee) Memo   Map  Proposal  Map  City Resolution Cemetery Deeds  Map

a. Petition to Vacate the Portion of Greer Road Adjacent to Lot 6, Block 1, within Section 28, Dedicated by Spruce Wood Subdivision 1976 Addition (Plat 77-8) and a Portion Adjacent to Lots 2 and 11, within Section 27, dedicated by Triple Crown Estates unit 1 (Plat HM 2003-21); AND the 33-foot Section Line Easement in the same locations, all being within Township 5 South, Range 12 West, Seward Meridian, Alaska; KPB File No. 2005-072 (Referred to Lands Committee)          Map  Backup

[Clerk's Note: The Planning Commission approved the above referenced vacation by a majority vote (9 Yes, 2 No, 2 Absent) at its regularly scheduled May 9, 2005 meeting.]

*b. Petition to Vacate Storm Street and the portion of Bear Avenue adjacent to Tract 3 and associated utility easements dedicated by Diamond Acres Subdivision (Plat HM 76-24) And Vacate Storm Street, Orca Street, Donnan Street, Bear Avenue, El Camino Avenue, Hollywood Avenue and associated utility easements dedicated by Donnan's Divide (Plat HM 79-72); within Section 24, Township 5 South, Range 12 West, Seward Meridian, Alaska; within the Kenai Peninsula Borough; KPB File 2005-064; Petitioners: Larry E. and Colleen A. Riley; Location: Homer Area (Referred to Lands Committee)     Maps

[Clerk's Note: The Planning Commission approved the above referenced vacation by unanimous consent at its regularly scheduled May 23, 2005 meeting.]

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

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)

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)

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 2005-20: Repealing KPB 2.56.005 and Enacting KPB 2.56.006, Adopting the 2005 Kenai Peninsula Borough Comprehensive Plan (Mayor) (Postponed until 6/21/05) (Referred to Lands Committee)

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)

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)

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)

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

T.  INFORMATIONAL MATERIALS AND REPORTS

U.  NOTICE OF NEXT MEETING AND ADJOURNMENT

The next meeting of the Kenai Peninsula Borough Assembly will be held on June 21, 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.