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2015-08-06 Work Session CANCELED Kodiak 'Assembly Special Work Session Thursday, August 6, 2015, 6:30 p.m., Assembly Chambers Work Sessions are Informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda packet and seek or receive information from staff.Although additional items not listed on the work session agenda are discussed when introduced by the Mayor,Assembly,or staff,no formal action is taken at work sessions and Items that require formal Assembly action are placed on regular Assembly meeting agenda.Citizen's comments at work sessions are NOT considered part of the official record.Citizen's comments intended for the"official record"should be made at a regular Assembly meeting. Page 1, CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 2.. AGENDA ITEMS 2'. - 11 a. Ordinance No. FY2016-05 Submitting to the Qualified Voters on the October 6, 2015 Ballot in Each Area Affected by the Ordinance the Question of Altering the Boundary of Road Service Area No. 1. Ordinance o. Y Service Area 1 Alte[gtion.pdf Discussion an el i Wgy Reconstruction_B Measure.Rdf 2016-2019 Tl . f 2016-2019 STl T (!� K}. f 3. MANAGER'S COMMENTS 4. CLERK'S COMMENTS 5. MAYOR'S COMMENTS 6. ASSEMBLY MEMBERS COMMENTS at � � �� IV ull4 . ui ui u��lll° Visit s i r� w website h 01 @KodiakBorough vvwPage 1 of 11 AGENDA ITEM #2.a. KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 6,2015 ASSEMBLY SPECIAL MEETING f TITLE: Ordinance No. 1=Y2016-05 Submitting to the Qualified Voters on the October 6, 2015 Ballot in Each Area Affected by the Ordinance the Question of Altering the Boundary of Road Service Area No. 1 ORIGINATOR: Bud Cassidy FISCAL IMPACT: FUNDS AVAILABLE: Account Number: Amount Budgeted: SUMMARY STATEMENT: Otmeloi Road is a State owned road and there is an opportunity to make substantive improvements to it.The State will contract the work to make improvements with the stipulation that the Kodiak Island Borough, by Service Area No. 1, takes ownership of the road along with future maintenance responsibilities. There are currently five properties outside the service area boundary on Otmeloi Way that are to be included into the service area.The KIB code provides that an alteration to a service area shall be initiated by ordinance and that the alteration shall not be effective unless it is approved by a majority of the qualified voters voting on the question.The affected area is the entire Service Area No. 1 and the lots being added to the service area. An informational letter was sent to the property owners on Otmeloi way and a copy is attached to the packet. During agenda setting, the Mayor and Deputy Mayor suggested the addition of Tract B Miller Point Alaska Subdivision be added to the Service Area.Tract B is owned by the Kodiak Island Borough and contiguous to those properties fronting Otmeloi Way and may be accessed via Otmeloi Way if developed. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2016-05. Kodiak Island Borough Page 2 of 11 Ordinance No. FY2016-05 Submitting to the Qualified Voters o... AGENDA ITE 2.a. Introduced by: Borough Manager Requasted by Borough Manager Drafted by Spedal Proods Staff Introduced 07130/2015 2 Public Hearin °, 0810812015 3 Adopted 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2016-05 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH SUBMITTING TO THE QUALIFIED VOTERS ON THE 10 OCTOBER 6, 2015 BALLOT IN EACH AREA AFFECTED BY THE I l ORDINANCE THE QUESTION OF ALTERING THE BOUNDARY OF 12 SERVICE AREA NO.1 13 14 WHEREAS, KIBC 4.05.040 provides that the assembly shall Initiate any action to alter a 15 service area by introducing an ordinance effecting the proposed action;and 16 17 WHEREAS, KIBC 4.05.060 provides that an ordinance altering a service area shall not 18 be effective unless approved by a majority of the qualified voters voting on the question In 19 each area affected by the ordinance;and 20 21 WHEREAS, the State of Alaska has allocated $3.3 million dollars and is working to 22 obtain federal monies to Improve Otmeloi Way with grading, drainage, sidewalks and 23 paving, along with realignment and lighting as needed;and 24 25 WHEREAS, when improvements are complete, the ownership and maintenance 26 responsibilities of Otmeloi Way will transfer to the Kodiak Island Borough;and 27 28 WHEREAS, Otmelol Way is a state owned roadway that lies mostly within the 29 boundaries of Road Service Area No. 1. It is proposed that Lots 6 and 7A of Block 5 and 30 Lots 1, 2, and 3 of Block 6 Monashka Bay Subdivision be Included in the boundaries of 31 Service Area No.1;and 32 33 WHEREAS, it is equitable that all properties fronting Otmeloi Way be added to the 34 Service Area No.1 and contribute to its maintenance via a real property tax;and 35 36 WHEREAS, the Kodiak Island Borough does not have road powers as a second Gass 37 borough(AS 29.35.210);and 38 39 WHEREAS, service areas within the Kodiak Island Borough have been created with the 40 optional power of road maintenance and construction(KIBC Title 4);and 41 42 WHEREAS, Service Area No. 9 was created with the power of road construction and 43 maintenance(KIBC 4.70.010);and 44 Kodiak Island Borough,Alaska Ordinance No.FY2016-05 Page 1 of 2 Page 3 of 11 Ordinance No. FY2016-05 Submitting to the Qualified Voters 0... AGENDA ITEM #2.a. 45 WHEREAS, property parcels benefitting from service areas are all taxed to finance 46 services within the service area;and 47 48 WHEREAS, Tract B Miller Point Alaska Subdivision Is owned by the,Kodiak Island 49 Borough and is contiguous to those properties fronting Otmeloi Way and may be accessed 50 via Olmeloi Way if developed;and 51 52 NOW,THEREFORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 53 BOROUGH that: 54 55 Section 1: Election. Upon adoption of this ordinance, the following ballot question will 56 be presented to the qualified voters in each area affected by the ordinance 57 at the October 6,2015 Election. 58 59 BALLOT PROPOSITION NO.1 60 61 Shall the boundary of Service Area No.1 be altered by the addition of 62 Lot 6 and Lot 7A of Block 5, and Lot 1, Lot 2 and Lot 3 of Block 6 63 Monashka Bay Subdivision and Tract B Miller Point Alaska 64 Subdivision? Yes Q No 65 Section 2: Qualifications. A person who is a qualified voter in each area affected by 66 this ordinance may to vote on the proposition. 67 68 Section 3: Effective date. The ordinance shall become effective upon passage of the 69 proposition to alter the boundaries of Service Area No. 1 by the qualified 70 voters and upon certification of the October 6,2015 election. 71 72 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 73 THIS DAY OF 2016 74 75 KODIAK ISLAND BOROUGH 76 77 78 79 Jerrol Friend,Borough Mayor 80 81 ATTEST: 82 83 84 85 Nava M.Javier,MMC,Borough Clerk Kodiak Island Borough,Alaska Ordinance No FY20MOS Page 2 of 2 Page 4 of 11 Ordinance No. FY2016-05 Submitting to the Qualified Voters o... PIGENDA ITEM . Ko&ak Island Borough -, 1 OFFICE of the MANAGER 710 hldl Ba}Road Kodiak,Alaska 99615 Phony(907)486.9301 Fax(907)486.9374 E mail, b T - ,rda'dR��k„iir �lgkd July 21,2015 Rziidenis o9 0 umcloi Da'k RE:Vale on dict 6.2015 to pave Otirnadod Way and to assunm ruuturrr medal nonce, imrrRrdlldd.CTIlON hetc is aul opspsurltuaity drn pave O urncdoi'flay Rain the imteriectioan w 4h IlReznnor E06ve Qacra%s the sarret Dir im Bayside Firs:Mpuruami^m.RD to The o llucr end of 10tr nrdaroi Way uucau the Omelet Wavy daand;l, Nol only will idols pnrPirct Ipave udta road,dan,ot it will re adrlpinn lKials ear a,1hu:grade dun crnaiai areas w M bL dowuread,succi IIaElwa.s vwiill doo installed and a wide siudewradlUbike path leading uulle in Worth Star Scdmsnl wood he Inrnvd dead, lrlvu Siale,of Alaska l aarma W is a sIX neap owvuaatud uaa,auly wvdlli cu:unara a siva,d ruarua.11 this effort pol.Tr R"krid.,''It'dr ilk Kwflak 41and BaarauuSh takes over a wincushipi uut oche wad,aruu:d Ooaa:d Scnrvicc Area Nru„ d prlrovirks rautuuram rauaimaculauire a a;,sywnuusiluidrclucs such as grading.sivawu removal and saasdrag. WHAT WILL IT MEAN TO PROPIERTV OWNERS NE w FOR THE IldORWyd~GH TO OWN D..” YIEL.09? 'Moulth tdieire will be no initial asst or parorwirty+aasicssmmew desr tlam inmpa ruwcirrient in Oturaclod Way, dhow, who propcny is within udac dsmuuudwy rofRv,,,h d Scrvice Area#1(sce auacb d muapi)wM Lwgia tra pay N, road mAnuemiaoca: such ate snoiw pulawing„sanufing,rdimclh a dcaaiuupp wade.through a pdrKany tax ror aloe dove Ilnropnwn4*moa&siadc tdwa service am;a tomuuadary and swlhaie adrivew 1kys racy M IEltnz0od Way the Asses drily will be asked to palace o0 01he lu0bt this rdcacher 61h as vote tau include Haase prop.rdes into the service area, Should lhallot question doe aapupumraveud,you too wwidd laepdim In pay a paropvrrty Has for tpnr opacualins sauwud toairneoauancr rill' Moos avuWy paaw c d nPa L But ibis wwiN only occuv it the Asw unbiy,a wcs are palace the upuucstdsom cup the dsalhm,udwu vomeu:a apmpilra ve time up ua sniaoo, floc,ralaiud iunpurovetneats are r;otopolewd asd tdue flak,*or tdrs°road augdot of sway is transferred to the 0orellift ASSEMBLY The Assemadally vvddl be iravetdion unaire ora The subject at trine it Juud,y 30 oaiaad Aqua ra numeting w heire they will deddm to piloce it on the Iluaddot on August fiwh. The iasu,me wwHl adsra be d`mscrassatad ana quest ions answered in duno:ure Service Aceaa and -%u!unmtady uauccuimp;s. Slnou kl you,Ihawu any question%,Ilk=Gadd adDe,Bnrough at 40-93rdd, °rkwaunks pduaad r"amsuiiudy ddorauugh Maunua,gmr L:'c hta;yaux and ddaurn.oauippdi Assembly dRoaaad Serw'dce u7,°No I Clialusutanan Goad Ii oared uad"d:yumwrcmtnrs Page 5 of 11 Ordinance No. FY2016-05 Submitting to the Qualified Voters o... AGENDA ITEM #2.a. 'IrWmm �m punu� uw�ni mvwr,�mtrm wwW�wmB Ma exrcu Wm uwaM ninnpune �srvu� u,W l u 1 i mr i .- 5 r vYw I 1 '� %✓y(+r O r p r J�a. / 1 WIImW irr / �pS� WWU f yr / JrSP, W"u YI W WJP offill'W Driv Re �, r�o 1 J 'I f m East zan y / r n r. �0��� I . p�e�' J J l l B ➢� k e yf / If n� W U �'Ij t7 y 1f P lr / 4 r �7 Uiy� V of f to if m ,r J JC f MID CU L o o o o .G °xis e W 1 af, 'o 9w Dr n 7 3 nes W U s� �i rn O f � t po IM &Mc Page 6 of 11 Ordinance No. FY2016-05 Submitting to the Qualified Voters o... AGENDA ITEM #2.a" Introduced by: Mayor Selby Requested by: Mayor Selby Drafted by: Community Development Department Director introduced: 0111$!97 Adopted: 01116/97 KODIAK ISLAND BOROUGH RESOLUTION NO. 97"05 A RESOLUTION DECLARING A WILLINGNESS TO ACCEPT MAINTENANCE AND OPERATION RESPONSIBILITY FOR OTMELOI WAY WHEN IT IS IMPROVED TO KODIAK ISLAND BOROUGH STANDARDS WHEREAS. Otmeioi Way is ranked as a priority 2 in the Alaska Department of Transportation's {DOT} current Statewide Transportation Improvement Program (STIP); and WHEREAS, one of the evaluation criteria for ranking road improvement projects in the STIP is., "local,other agency or user contribution to fund O & M costs...for 1998 2000 STIP commitment must be in writing before points will be assigned"; and WHEREAS, Otmeloi Way is the primary access to North Star Elementary School and the only access to the school during hazardous winter driving months; and WHEREAS, Otmeloi Way is a state of Alaska road that does not meet Kodiak Island Borough road standards for construction, and the addition of a walkway/bike trail t0 the roadway is necessary to ensure the safety of students traveling to and from North Star Elementary School; and WHEREAS, the addition of a walkway/bike trail to the Otmeloi Way improvement project will provide an additional and important link to the Kodiak urban trail system by linking North Star Elementary School with the other community elementary schools, as well as several Borough parks, Ft. Abercrombie State Historical Site, and numerous other community facilities; NOW,THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Assembly formally indicates its willingness to accept maintenance and operation responsibility for Otmaloi Way from the state of Alaska once It has been Improved to Borough road standards, including walkway/bike trail Improvements. Kodiak Island Borough,Alaska Resolution No.97-05 Page 1 of x Page 7 of 11 Ordinance No. FY2016-05 Submitting to the Qualified Voters o... AGENDA ITEM #2.a. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH OF JANUARY. 1997 KODIAK ISLAND BOROUGH I it Jarolne M. Selby, Borough M 11 `�4Jf1L. cJ Robin Heinrichs, Presiding Officer ATTEST: 23r, .S 'Donna F. Smith, CMC/AAE, Borough Clerk Kodiak Island Borough,Ataske Resolution No.97.05 Page 2 of 2 Page 8 of 11 Ordinance No. FY2016-05 Submitting to the Qualified Voters o... AGENDA ITEM #2.a. From: To, Flava tavler CCh6 fan Chrlstlan-- Subje= Discussion on Otff*k)i Way RemnsbuctbrVUbt Measure Date: Wed y,August 05,2015 5:21:G4 AM Attachrawts: 50flU9dCram 1ad1ZLAS1mff scamaL Nova Please pass along these two documents on to the Assembly in preparation for tomorrow nights special work session DOT Representatives were in town on Monday and I was able to discuss the Otmelo!Way project with them.Currently there is $3.3 million appropriated for the project.It was money that was appropriated by a previous state legislature.We were fortunate to not have the money swept up by the legislature as they did for so many other projects around the state.As you might know,the project appropriation is not enough to complete the project.Because of the need for additional money,the state DOT will include the project on the State's STIP{State Transportation Improvement Plan)list(see attached).STIP projects are also funded through Federal transportation appropriations. During my discussion with DOT it became clear that an obligation by the Borough to take over ownership of the road right of way and future maintenance is not required until federal money is requested. Because there is$3.3 million in place for the project,that agreement is not needed for about a year,That gives us a year to know more about the design of this project,the overall project costs as well as educate the public(service area residents) about the responsibilities of maintaining the road and how this will affect their service area mill rate.. With that in mind I will be recommending the ordinance to place on the fall ballot those additional lots to be included into the service area be postponed until next year's ballot,In the meantime,the state of Alaska will utilize the existing appropriation to perform the required design and environmental evaluation for the project. I have asked representatives of DOT to teleconference during your work session to answer any questions that you may have. Should you have any questions,please contact me. Bud Page 9 of 11 Ordinance No. FY2016-05 Submitting to the Qualified Voters o... I #2.a. zi Z �« F. "6 p yyQQyV �9. d WS W � dg gi I i� -mom � q...� ow � �'. ma � � w, y., n wr IM•' ,e :� arm ry� IR�'° rt� Vh8 IR$ 4Y '4P Vm P+ W I W E Qn It AL 1.4 1.4 Iwp Cow a WE Op 96 I IM A RE 61 cl ' IW. Page 10 of 11 Ordinance . FY2016-05 Submittingto the ullitie "eaters o... lj f r / AGENDA ITEM #2.a. m 0 C7 4-0 -Pi Ln1 CU 0 D- U LA CU CU CU to 0 1- CD w fu qJ _ C Qf (U .ry` w ®.~y CV C4r- A Y ' Page 11 of 11 Ordinance - i i to the Qualifiedr ... View Agendas, Minutes, and Newsletters of Assembly meetings on our website at www.kodiakak.us. Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough At its Regular Meeting of August 6, 2015, The Kodiak Island Borough Assembly Took the Following Actions. The Next Regular Meeting of the Borough Assembly is Scheduled on Thursday, August 20, 2015, at 7:30 p.m. in the Borough Assembly Chambers. ADOPTED Ordinance No. FY2016-03 Amending Title 17 Zoning, Chapter 17.50 C-Conservation District and Chapter 17.130 PL – Public Use Lands District To Allow the Temporary Storage of Mobile Homes Displaced Under AS 34.03.225 To Be Stored On Sites Zoned C-Conservation Or PL-Public Use Lands. ADOPTED Ordinance No. FY2016-04 Amending Title 17 Zoning, Chapter 17.140 Existing Nonconforming Uses And Structures To Allow Mobile Homes Displaced Under As 34.03.225 To Relocate Within Existing Nonconforming Mobile Home Parks. POSTPONED INDEFINITELY Ordinance No. FY2016-05 Submitting to the Qualified Voters on the October 6, 2015 Ballot in Each Area Affected by the Ordinance the Question of Altering the Boundary of Road Service Area No. 1. AUTHORIZED the Manager to Execute Contract No. FY2016-11 to Petro Marine Services for No. 1 Heating Fuel Delivery to Borough Facilities for a Three-Year Term Based on the Margin of 0.486 Cents Above the Average Monthly OPIS Quoted Price. AUTHORIZED the Manager to Execute Contract No. FY2016-12 to Petro Star Inc. for No. 2 Heating Fuel Delivery to Borough Facilities for a Three-Year Term Based on the Margin of 0.4846 Cents Above the Average Monthly OPIS Quoted Price. AUTHORIZED the Manager to Execute Contract No. FY2016-13 With Kodiak Mapping of Palmer, Alaska for Aerial Imagery Acquisition in an Amount Not to Exceed $70,000. ADVANCED Ordinance No. FY2016-02 Amending Title 2 Administration and Personnel by Adding Chapter 2.160 Borough Lands Committee to Public Hearing at the Next Regular Meeting of the Assembly. CONFIRMED the Mayoral Appointment of Ms. Tia Leber to the Solid Waste Advisory Board for a Term to Expire December 31, 2016. DECLARED the Seat Held by Mr. Tom Lacey on the Personnel Advisory Board Vacant. CONFIRMED the Assembly Appointments of Mr. Paul VanDyke for a Seat Term Ending October 2015 and Mr. Jeff Halcomb for a Seat Term Ending October 2016 on the Fire Protection Area No. 1 Board. CONVENED into Executive Session to Discuss Litigation, Trial Strategy, and Tactics Regarding the Markham Case and Litigation Update Regarding the Wren Case and INVITED the Borough Assembly, Borough Manager, Borough Assessor, Borough Community Development Director, Borough Attorney, and Clerk’s Office Staff to Join In Executive Session. No Action Was Taken as a Result of the Executive Session. Vol. FY2016, No. 3 August 7, 2015 Kodiak Island Borough Assembly Newsletter