Kenai Peninsula Borough

Assembly Agenda

April 4, 2006 - 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. March 14, 2006 Regular Assembly Meeting Minutes

H. COMMENDING RESOLUTIONS AND PROCLAMATIONS

*1. A Resolution Commending the Ninilchik High School Girls Basketball Team as District III/2a State Champions (Fischer)

2.  A Resolution Commending the Nikiski High School Girls Basketball Team as Class 3A State Champions (Superman)

2. Mayor's Proclamation Declaring the month of April 2006 as "Donate Life Month"   Other

3. Mayor's Proclamation Declaring the month of April 2006 as "Sexual Assault Awareness Month"

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. Agreements and Contracts

a. Spruce Bark Beetle Mitigation Program: b. Approval of Contract with Geoff's Garage Door for Overhead Door #30 Replacement at Central Peninsula Landfill

c. Approval of Contract with Robert Rufner, Kenai Watershed Forum for Kenai River Access Management Project

d. Approval of Contract with Dakota Fence for Playground Equipment Modules

e. Approval of Contract with Penny Malmquist for Homeland Security National Incident Command System Class for CES

f. Approval of Bid Award to Great Bear Ford for Purchase of Rescue Truck Chassis for Anchor Point Fire and Emergency Medical Service Area

g. Approval of Professional Services Agreement between KPB on behalf of Central Kenai Peninsula Hospital Service Area and Terri M. Saito for Secretarial Services

h. Approval of Facility Use Agreement between Tsalteshi Trail Association and Kenai Peninsula Arctic Winter Games 2006 Host Society

2. Other

a. Letter from Bradley P. Janorschke, General Manager, Homer Electric Expressing Appreciation for Chief of Staff Tim Navarre's Efforts with Funding for Beetle-Killed Trees on South Side of Kachemak Bay

b. Letter of Resignation from Catherine Mayer, Solid Waste Director

c. Letter from Marcia Patrick, Program Manager, Seldovia Senior Meal Program Regarding Fund Services for Seniors

d. Letter from Mayor John J. Williams to Andy Mason, State and Private Forestry Regarding Funds for KPB Spruce Bark Beetle Mitigation Program

e. Memorandum from Shane Horan, Director of Assessing Regarding Various Scenarios of Impacts Regarding Senior Citizen/Disabled Veteran Exemption Values

f. Unemployment Update - February 2006

g. Litigation Status Report - March 23, 2006

h. Budget Revisions - February 2006

i. Revenue-Expenditure Report - February 2006

j. Letter from Alaska Waste-Kenai Peninsula, LLC

M. ITEMS NOT COMPLETED FROM PRIOR AGENDA - none

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

1. Ordinance 2005-38 (Martin) Substitute: Amending KPB Title 16 to Authorize Certain Volunteers to Serve on Their Perspective Service Area Boards (Martin) (Referred to Policies and Procedures Committee)

Other    BCFSA Memo  Other

2. Ordinance 2006-01 (Martin) Substitute: Repealing KPB Chapter 21.26 and Enacting KPB Chapter 21.29, Material Site Permits (Martin) (First of Two Hearings) (Referred to Lands Committee)

Other   PC Minutes

3. Ordinance 2006-03: Adopting the National Incident Management System (NIMS) (Mayor) (Referred to Policies and Procedures Committee)

Memo      Other

4. Ordinance 2006-07: Authorizing the Lease of an Outdoor Shooting Range Facility at the Seward Solid Waste Facility Grounds to the City of Seward at Less Than Market Value (Mayor) (Referred to Lands Committee)

Planning Commission Action    Planning Memo 01/23/06    Map    Planning Memo 03/27/06    Draft Lease 

5. Ordinance 2006-08: Authorizing the Negotiated Sale at Fair Market Value of a 0.6+/- Acre Parcel Located Adjacent to Government Lot 10 U.S. Survey 2789 in Sunrise to Eric and Michelle Holloway (Mayor) (Referred to Lands Committee)

Amendment Memo    Planning Memo 02/08/06    Exhibit A    Exhibit B    Planning Commission Action

O. UNFINISHED BUSINESS

1. Postponed item

a. Resolution 2006-025: Determining the Amount to be Provided from Local Sources for School Purposes During Fiscal Year 2007 (Mayor) (Referred to Finance Committee)   Other   Other

KPBSD Memo    Finance Memo 02/02/06    Administration Memo 02/03/06    Finance Memo 03/15/06

P. NEW BUSINESS

 1. Bid Awards

a. Resolution 2006-028: Authorizing Award of a Contract for Construction Services for Arsenic Removal Systems at Three Schools (Mayor) (Referred to Finance Committee)    Memo

2. Resolutions

*a. Resolution 2006-029: Reclassifying Certain Borough Land in the Sunrise Area Pursuant to KPB 17.10.080 (Mayor) (Referred to Lands Committee)    Planning Staff Report    Planning Commission Action  Other

*b. Resolution 2006-030: Supporting the Current Version of the Committee Substitute for House Bill 324, Banning the Importation, Transfer, and Cultivation of Orange Hawkweed and Purple Loosestrife (Martin) (Referred to Legislative Committee)    Memo

*c. Resolution 2006-031: Providing for the Issuance and Sale of General Obligation Bonds of the Kenai Peninsula Borough in the Aggregate Principal Amount of Not to Exceed $2,500,000 to Pay the Costs of Planning, Designing, Constructing, Equipping, and Financing a Fire Station in Kasilof, Acquiring and Renovating the Fire Station in the Funny River Area, and Related Capital Improvements in the Central Emergency Service Area, Fixing Certain Details of Such Bonds and Pledging the Full Faith and Credit of the Central Emergency Service Area to the Payment Thereof (Mayor) (Referred to Finance Committee)    Memo

*d. Resolution 2006-032: Transfer of Funds from the Completed Homer Track Repair to the Tyonek Teacher Housing Project (Mayor) (Referred to Finance Committee)    Memo

*e. Resolution 2006-033: Transfer of Funds from a Completed Roof Replacement Project to the Eight School Arsenic Treatment Project (Mayor) (Referred to Finance Committee)    Memo

*f. Resolution 2006-034: Supporting a Gulf of Alaska Groundfish Rationalization Plan that Maintains Open Markets, Free Trade, and the Movement of Commerce for Fisheries Resources within the State of Alaska (Long) (Referred to Legislative Committee)    Memo

3. Ordinances

*a. Ordinance 2005-19-47: Appropriating $1,000,000 From the Borough's General Fund Balance to Reimburse the CES Capital Project Fund for its Contribution for Construction of an Emergency Response Center (Mayor) (Hearing on 05/02/06) (Referred to Finance Committee)    Memo

*b. Ordinance 2005-19-48: Transferring $209,860 from an Alternatively Funded Roof Replacement Project to the Eight School Arsenic Treatment Project (Mayor) (Shortened Hearing on 04/18/06) (Referred to Finance Committee)    Memo

*c. Ordinance 2006-12: Authorizing the Conveyance of Tracts C, G, and K, ASLS 2003-2, according to Plat No. 2005-10, Seward Recording District in the Cooper Landing Area to the State of Alaska (Mayor) (Hearing on 05/02/06) (Referred to Lands Committee)    Memo

*d. Ordinance 2006-13: Amending the Tax Code to Increase the Motor Vehicle Tax (Mayor) (Hearings on 04/18/06 and 05/02/06) (Referred to Finance Committee)

*e. Ordinance 2006-14: Exempting from Taxation the First $200,000 of Assessed Value of Real Property Owned and Occupied by Senior Citizens, Disabled Veterans, or Surviving Spouses Thereof (Mayor) (Hearing on 05/02/06) (Referred to Finance Committee)    Memo    Application    Other    Assessing Memo  Memo

*f. Ordinance 2006-15: Amending KPB 5.12.119 to Require that an Application to the Mayor for an Extension of Time to Request a Property Tax Exemption be Filed on or Before February 15 (Mayor) (Hearing on 05/02/06) (Referred to Policies and Procedures Committee)    Memo

*g. Ordinance 2006-16: Providing that the Uniform Electronic Transactions Act, AS 09.80.010 et. seq., Shall Apply to KPB Chapter 5.18, Sales Tax, Electronic Transactions (Mayor) (Hearing on 05/02/06) (Referred to Policies and Procedures Committee)    Memo

4. Other

*a. Authorizing an Application for New Liquor License Filed by James Harmon Hall & Pauli Janisen Hall d/b/a Quiet Place Lodge in Halibut Cove (Referred to Finance Committee)

*b. Authorizing an Application for New Liquor License Filed by Patricia Heim d/b/a Red Salmon Lodge in Cooper Landing (Referred to Finance Committee)

*c. Petition to Vacate a portion of Binger Road right-of-way and Associated Public Utility Easement Between Tract 7 and Tract 8, Dedicated by Gruber Subdivision (Plat KN 73-61); Within Section 22, Township 4 North, Range 11 West, Seward Meridian, Alaska; and Within the Kenai Peninsula Borough; KPB File 2006-037; Petitioners: James E. and Jeanette D. Kimes of Seward, Alaska; Location: West of Sterling Highway South of Soldotna (Referred to Lands Committee)

[Clerk's Note: The Planning Commission approved the above referenced vacation by unanimous consent at its regularly scheduled March 13, 2006 meeting.]

*d. Confirming the Appointment of William H. Kopecky as Maintenance Director (Referred to Policies and Procedures Committee)

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

R. ASSEMBLY MEETING AND HEARING ANNOUNCEMENTS

April 18, 2006 7:00 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.)

1. Ordinance 2005-19-45: Appropriating $50,000 from Kachemak Emergency Service Area (KESA) Capital Projects Fund Balance for Purchase of a Water Tender (Mayor) (Hearing on 04/18/06) (Referred to Finance Committee)

2. Ordinance 2005-19-46: Correcting Ordinance 2005-19-19 Which Accepted and Appropriated a Grant from the Alaska Department of Natural Resources in the Amount of $3,550 for the Anchor Point Fire and Emergency Medical Service Area (Mayor) (Hearing on 04/18/06) (Referred to Finance Committee)

3. Ordinance 2006-09: Enacting KPB 16.12.115 Authorizing Billing for Ambulance and Emergency Medical Services by the Nikiski Fire Service Area (Mayor at Request of Nikiski Fire Service Area Board) (Hearing on 04/18/06) (Referred to Finance Committee)

4. Ordinance 2006-10: Adopting a Revised Fee Schedule for Billing of Ambulance, Equipment, and Other EMS Services Used in Emergency Responses by the Central Emergency Service Area and Central Peninsula Emergency Medical Service Area (Mayor) (Hearing on 04/18/06) (Referred to Finance Committee)

5. Ordinance 2006-11: Amending KPB 5.12.050 to Require that Agents and Assigns Demonstrate Their Authority to File a Board of Equalization Appeal on Behalf of the Property Owner (Mayor) (Hearing on 04/18/06) (Referred to Policies and Procedures 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 April 18, 2006, 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.