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2016-08-11 Special MeetingKodiak Island Borough Assembly Special Meeting Agenda Thursday, August 11, 2016, Borough Conference Room, 6:30 p.m. This meeting was called by the Assembly. Page 1. ROLL CALL 2. CITIZENS COMMENTS (Limited to Three Minutes per Speaker) 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING 2-22 A. Ordinance No. FY2017-04 Submitting To The Qualified Voters The Question Of Establishing The Otmeloi Neighborhood Streetlight Service Area To Provide Operation And Maintenance Of Streetlights Along Otmeloi Way And A Portion Of Mallard Way. Otmeloi Streetlight Area Documents - Pdf B. Executive Session To Discuss The Borough Clerk's Performance Evaluation 4. ADJOURNMENT Visit our website at www.facebook.com/Kodiak island borough © @KodiakBorough www.kodiakak.us Page 1 of 22 AGENDA ITEM O.A. KODIAK ISLAND BOROUGH AGENDA STATEMENT AUGUST 11, 2016 ASSEMBLY SPECIAL MEETING .S l TITLE: Ordinance No. FY2017-04 Submitting To The Qualified Voters The Question Of Establishing The Otmeloi Neighborhood Streetlight Service Area To Provide Operation And Maintenance Of Streetlights Along Otmeloi Way And A Portion Of Mallard Way. ORIGINATOR: Meagan Christiansen FISCAL IMPACT: No Account Number: FUNDS AVAILABLE: Amount Budgeted: SUMMARY STATEMENT: Additional Fiscal Impact Information: There is no direct fiscal impact to the Borough in placing the question on the ballot. If establishment of the service area is approved, property owners in the new service area will be assessed a property tax by the service area that is sufficient to cover the cost of operation and maintenance of the streetlights. Summary Information: The scope of work for the Otmeloi Way Improvements project includes installation of streetlights along the roadway. The Borough does not have streetlight powers or any means for paying the cost of operation and maintenance of streetlights. Establishment of a streetlight service area provides a means for collecting property taxes to address those specific costs. The proposed boundary was determined selecting properties fronting Otmeloi Way. An ordinance placing a proposition on the ballot must be adopted not later than 53 calendar days before the election, which is by August 12, 2016. If the ballot question fails, the State of Alaska will not install the streetlights as an element of the project. The ordinance was amended on August 4 and postponed to the August 11 special meeting. RECOMMENDED MOTION: The motion to adopt Ordinance No. FY2017-04 is before the Assembly. Kodiak Island Borough Page 2 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. AGENDA ITEM O.A. m�..v i•vo.,e.a n, °nnn.m..iwm.... omr.1a I..W °u.em m,.m kwi nv�..++neem � n s 3 E REZANOF DR s e s W = > m © R m LU N F = Y y 2 O HYMN �� 3 e e 3 W W It m a 0 m W n j 6 i 0 Z O - x a ° ,,• a OIL a LU 0 eiouvue vm.w. e." C Page 3 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... AGENDA ITEM O.A. Page 4 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Nova Javier From: Meagan Christiansen Sent: Monday, August 01, 2016 3:09 PM To: Nova Javier Cc Michael Powers Subject: Otmeloi Way Imrpovement Project Resolutions Attachments: Powers per state statute.docx; Service Area I Code.pdf; est taxes ao 2016 roll.pdh 2007 letter re North Star lighting.pdf In response to Assembly memberquestlons and conversation at the July 28" work session, I am attaching a summary of State Statute Title 29 pertaining to the Borough's powers, and a copy of the Borough Code for Service Area No. 1, for reference. The streetlights existing near North Star school have been paid out of the General Fund, account 100-190 Education Culture & Recreation within the sub -account "North Star PTA (street lights)." It appears that the practice began as a non-profit funding Item in FY2008 as described the 2007 letter, attached. An estimate of the amount of property taxes that would be assessed to property owners along Otmeloi Way for road maintenance service based on the 2016 certified roll, if approved, is also attached. Please keep in mind that no taxes would be assessed unless or until the Borough takes ownership of the Improved roadway. If a streetlight district Is approved to be put on the ballot, the cost to the tax payers will be determined by the boundaries of the service area; properties owners within the decided upon boundaries of the service area will be assessed a tax based on the assessed value of their property, with the mill rate being determined by estimating needed funds and dividing by the assessed values of those within the service area. Once again, no taxes would be assessed unless or until the improvements are Installed and the Borough takes responsibility for them. Additionally, l have sent an email to OOT asking how the number of streetlights planned for the project was determined and will share the response when I receive it. Finally, a couple of reminders.,. The Borough has been working with the State of Alaska for many years under the premise that the Borough would take ownership of the roadway if the roadway were brought up to the Borough's road standards. Also, with the inclusion of federal monies to complete this project, there are federal rules to follow as well which may explain some of the details that seem "overly done" to us. I say this because one property owner has expressed the desire to simply blacktop the existing roadway and call it good, however this does not meet the standards for completion of this project with the state and federal monies we have sought to date. Please let me know if there are further questions or requests for research of information that I can assist with. Meagan 1 Page 4 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... AGENDA ITEM O.A. Page 5 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. From State of Alaska Statutes, Title 29 Article 02. MANDATORY AREAWIDE POWERS Sec. 29.35.150. Scope of areawide powers. A borough shall exercise the powers as specified and In the manner specified in AS 29.35.150 - 29.35.180 on an areawide basis. Sec. 29.35.160. Education. (a) Each borough constitutes a borough school district and establishes, maintains, and operates a system of public schools on an areawide basis as provided In AS 14.14.060. A military reservation in a borough is not part of the borough school district until the military mission is terminated or until inclusion In the borough school district Is approved by the Department of Education and Early Development. However, operation of the military reservation schools by the borough school district may be required by the Department of Education and Early Development under AS 14.14.110. If the military mission of a military reservation terminates or continued management and control by a regional educational attendance area Is disapproved by the Department of Education and Early Development, operation, management, and control of schools on the military reservation transfers to the borough school district in which the military reservation is located. (b) This section applies to home rule and general law municipalities. Sec. 29.35.170. Assessment and collection of taxes. (a) A borough shall assess and collect property, sales, and use taxes that are levied In Its boundaries, subject to AS 29.45. (b) Taxes levied by a city shall be collected by a borough and returned In full to the levying city. This subsection applies to home rule and general law municipalities. Sec. 29.35.180. Land use regulation. (a) A first or second class borough shall provide for planning, platting, and land use regulation In accordance with AS 29.40. (b) A home rule borough shall provide for planning, platting, and land use regulation. Page 5 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. AGENDA ITEM O.A. Page 6 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Article 03. ADDITIONAL POWERS Sec. 29.35.210. Second class borough powers. (a) A second class borough may by ordinance exercise the following powers on a nonareawide basis: (1) provide transportation systems; (2) regulate the offering for sale, exposure for sale, sale, use, or explosion of fireworks; (3) license, Impound, and dispose of animals; (4) subject to AS 29.35.050, provide garbage, solid waste, and septic waste collection and disposal; (5) provide air pollution control under AS 46.14.400; (6) provide water pollution control; (7) participate in federal or state loan programs for housing rehabilitation and Improvement for energy conservation; (8) provide for economic development; (9) provide for the acquisition and construction of local service roads and trails under AS 19.30.111 - 19.30.251; (10) establish an emergency services communications center under AS 29.35.130; (11) subject to AS 28.01.010, regulate the licensing and operation of motor vehicles and operators; (12) engage in activities authorized under AS 29.47.460; (13) contain, clean up, or prevent a release or threatened release of oil or a hazardous substance, and exercise a power granted to a municipality under AS 46.04,SA 46.08, orSA 46.09; the borough shall exercise its authority under this paragraph in a manner that is consistent with a regional master plan prepared by the Department of Environmental Conservation under AS 46.04.210. (b) A second class borough may by ordinance exercise the following powers on an areawide basis: (1) provide transportation systems; (2) license, Impound, and dispose of animals; (3) provide air pollution control under AS 46.14.400; (4) provide water pollution control; (5) license day care facilities. (c) In addition to powers conferred by (a) of this section, a second class borough may, on a nonareawide basis, exercise a power not otherwise prohibited by law if the exercise of the power has been approved at an election by a majority of voters living In the borough but outside all cities in the borough. (d) In addition to powers conferred by (b) of this section, a second class borough may, on an areawide basis, exercise a power not otherwise prohibited by law If the power has been acquired In accordance with AS 29.35.300. Page 6 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... AGENDA ITEM O.A. Page 7 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Chapter 4.70 SERVICE AREA NO. I Page I of 1 Chapter 4.70 SERVICE AREA NO. 1 Sections: 4,70.010 Creation and powers. 4.70.015 Service area exemptions. 4.70 020 Board. 4.70.010 Creation and powers. Service area No. 1 is established pursuant to Ordinance No. 78-06-0 and encompasses the area described In that ordinance. Road construction and maintenance powers shall be provided In service area No. 1. (Ord. 90-04 §2, 1998; Ord. 96-03 §§3,4; Ord. 91.11 §§2, 5, 1991; Ord, 85-25.0,1985; Ord. 80.29.0 §1, 1980; Ord. 78.6-0 §1, 1978; Ord. 77-35.0,1977; Ord. 68-24-0, 1968; Ord. 64-3-0, 1964). 4,70,015 Service area exemptions. parcels abutting state -maintained mads whose only access is on a state -maintained road, and (here Is no potential use of service area mads for access wlthln described boundaries of the service area, shall be excluded ham road construction and maintenance and the rate of taxation to finance that service within the service area. The determination that the parcel receives no benefits from the service shall be made by the manager, or designee, and Is appealable 10 the assembly. [Ord. 98-04 §2,1998; Ord. 97-28 §3, 1997]. 4.70.020 Board. The service area No.1 board shall consist of seven members. [Ord. 98.04 92,1998: Ord. 91-11 §§2, 5, 1991]. The Kodiak Island Borough Code Is current through Ordinance FY2016.20, passed June 2, 2016. Disclaimer The Borough Clerk's Office has the othdal version of the Kodiak Island Borough Code Users should contact the Borough Clerk's Office for ordinances passed subsequent to the ordinance cited above. hilp:/Iwww.codepub I ish ing,co m/AK/KGd iaklslandBorough/htm I/Kodi akislandBomug1104/... 729/2016 Page 7 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... AGENDA ITEM #3.A. Page 8 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... iPo,m�m mm e���ii �j �jv .yyo'i, 9i,m mn.gog+ne $�An�.Nin�3m umi dSv� mE n M �y M A 6 mSSSSSS�m�g88S8�8SS888 Y L O Y j m N N W m J J J N N Y ti N N T N m m d N V1 m y Q a Q a Q a zz a a u a u n a n 6 1/2� W yZj O m 1I1 m m O P P N P N P rl Il1 N N N p D 3 a�mmm �m."Iwww.Niwwmwmw.Ni .Ni Nim y 1I1 N N N P mN. N N N N VI VI N N P 4(1 P N E. 0 0 a o 0 o W o 0 0 0 0 0 o r r r o m o 0 Q } N N N N N N N N N N N N N N N N N N Page 8 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... AGENDA ITEM #3.A. Page 9 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. North Star PTA unicsm haWK-MHeAkrua, 41"621 IM 1rnlilmN-Negenllntsln1,41H2/l; 722 MITI Bay Road j IYlgfale /1"101 Kodiak, Alaska 99615 1 ' gnMtM-tmeeRkleDMlaIIlHlii Relleel Rekea41Hi15 — pts Ilcelfer-1e1NT0011, 411•t711 �= t'-; I4 Il �/ �� jga�. D �. 11 DEC 5 2071 AnueORoucx rb December 5, 2007 L ..5 nrRicc ry "to BCnr'!' ; I r111 ('S Lr; ICE �ntav:oR ✓ /7 "THRR Dear Borough Assembly Members, Borough Mayor and Borough Manager, _ At the November 29" work session, safe access for the students of North Star Elementary School was a topic of discussion. Separated pathways and lighting were noted as key needs for the roads approaching the school. Specific lighting needs were identified along with electricity costs to operate the lights. The additional lighting proposed resolves the lighting problem on the roads connecting to North Slav School. It was suggested that as a temporary solution, the Borough could utilize excess non-profit funding transferred to the North Star PTA to pay for the operation of the street lights for this year. The North Star Elementary PTA is a 501 (c) (3) non-profit entity, with a Tax Identification Number of 92-0156593. We are requesting that the Borough provide Ponding this year to the North Star PTA to cover the costs of electricity for the proposed street lights. We want to emphasize that the North Star PTA payment ror operation of streel lights with funding from the Borough is an interim solution for this fiscal year ending June 30, 2008. It is our understanding that alternative options for permanent funding for the operation of the street lights will be pursued by the Borough. We appreciate the work you are doing in addressing the lighting issues on the roads that approach North Star Elementary School. Putting up street lights is a step in the right direction towards providing safe access and separated pathways for students an route to school. Sincerely, North Star PTA i Page 9 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. AGENDA ITEM O.A. Page 10 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... BOROUGH POWERS PER AS TITLE 29 • A borough shall exercise powers on an areawide basis (AS 29.35.150-29.35.180). • Additional power—provide for the acquisition and construction of local service roads and trails under AS19.30.111.19.30.251 • In order for a borough to exercise a power that Is not prohibited by law on a nonareawlde basis, that power has to be approved by a majority of voters living in the borough but outside all cities In the borough. What is the source of funding the streetlights existing near North Star School? • The practice began In 2007 as a non-profit funding Item • They have been pald out of General Fund, Sub Account 100.190, Education, and Recreation — North Start PTA "streetlights' What Is the estimated amount of property taxes that would be assessed to property owners along Otmelol Way If proposition no.1 is approved? citmelol Way pmpesties as of 2016 Certified Roll Rd senike if Uaed YEAR PRD LEGAL TxBL at 1.5 mills 2015 21942 MCINASHKA BAY BK 6 LT 4 132,200 198.30 2015 21383 U553464 LT 13 249,100 373.65 2015 21651 MILLER PTTR A 335,300 50295 2015 21382 USS 3464 LT 12 314,100 471.15 2015 21381 U553464 IT 11 402,500 603.75 201523704 MILLER PT BK4 LT IA 293,900 44095 2015 21380 USS 3464 LT 10 117,200 175.90 201521690 MILLER PT BK 4 LT 2A 368,800 553.20 201521691 MILLER PT BK 4 IT 28 203,500 3115,25 2015 21729 ELEMENTARYHG75 LT 317,000 475.50 201521728 ELEMENTARY HGTS LT 2 298,21111 447.30 201521692 MILLER PT BK 4 LT 2C 40,200 60.30 201521727 ELEMENTARY HGTS LT I 300,300 450.4S 201523952 MILLER PT SK 4 LT3B-1 145A00 216.10 201521719 MILLER PT BK 7 LT 2 143,000 214.50 201523953 MILLER PT BK 4 LT 38-2 26,900 40.35 2015 21720 MILLER PT BK 7 LT 3 114,200 171.30 2015 21721 MILLER PT SK 7 LT 474,900 712.35 201521722 MILLER PT BK 7 LT 5 466,500 699.75 201521704 MILLER PT SK 5 LT 419,400 629.10 201523705 MILLER PT BK 4 LT 38 72,500 108.75 7,852.65 Page 10 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... AGENDA ITEM O.A. Page 11 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. What Is the cost association with maintaining the proposed Otmeloi Way road Improvements? • The proposed Olmeloi Way Road Improvement is approximately one mile of roadway • Service Area No. 1 cost estimate (current cost average) per mile is $30,700 per mile, per year • The estimated amount of property tax from the owners along Otmeloi Way is $7,852.65 • $22,847.35 will be shouldered by the rest of the Service Area No. I tax payers What are the sources of funding for the Otmelol Way constructionrimprovemenls? • $3.3 million FY2006 State of Alaska grant • State's FY2017 capital budget of $4 million of federal highway funding If approved, how Is the operation and maintenance cost for the Otmeloi Neighborhood Streetlight Service Area allocated? • As of July 27, DOT determined 23 streetlights will be installed with the estimated cost of $710/mo or $8,500/year. This number has been determined; however, why that number is appropriate or whether it can be reduced has not been. Additional Information Is being sought from DOT. • Property owners within the boundaries will be assessed a tax based on their property assessed values • A mill rate will be determined by estimating needed funds to operate and maintain the lights Page 11 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. AGENDA ITEM O.A. Page 12 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... BOROUGH POWERS PER AS TITLE 29 • A borough shall exercise powers on an areawide basis (AS 29.35.150-29.35.180). • Additional power — provide for the acquisition and construction of local service roads and trails under AS19.30A 11-19.30.251 • In order for a borough to exercise a power that is not prohibited by law on a nonareawide basis, that power has to be approved by a majority of voters living in the borough but outside all cities in the borough. What Is the source of funding the streetilghts existing near North Star School? • The practice began in 2007 as a non-profit funding item • They have been paid out of General Fund, Sub Account 100-190, Education, and Recreation — North Start PTA "streetlights' What Is the estimated amount of property taxes that would be assessed to property owners along Otmeloi Way if proposition no. 1 is approved? Otmelot Way properties as of 2016 Certdled Roll Rd service if taxed YEAR PID LEGAL TXBL at 1.5 mills 2015 21942 MONASHKA RAY 8K 6 LT4 132,200 198.30 2015 21383 USS 3464 LT 13 249,100 373.65 2015 21651 MILLER PT TRA 335,300 502.95 2015 21382 USS 3464 LT 12 314,100 471.15 2015 21381 USS 3464 LT 11 402,500 603.75 201523704 MILLER PT RK 4 LT IA 293,900 440.85 2015 21380 USS 3464 LT 10 117,200 175.80 201521690 MILLER PT RK 4 LT 2A 368.800 553.20 201521691 MILLER PT RK 4 LT 2R 203,500 305.25 201521729 ELEMENTARY HM LT 3 317,000 475.50 2015 21728 ELEMENTARYHGTSLT2 298,200 447.30 201521692 MILLER PT RK 4 LT 2C 40,200 60.30 201521727 ELEMENTARY HGTSLTI 300,300 450.45 2015 23952 MILLER PT RK 4 LT 38-1 145,400 218.10 2015 21719 MILLER PT RK 7 LT 2 143,000 214.50 2015 23953 MILLER PT RK 4 IT 38-2 26,900 40.35 2015 21720 MILLER PT UK 7 LT 3 114,200 171.30 201521721 MILLER PT UK 7 LT 4 474,900 712.35 2015 21M MILLER "UK 7 LT 466,500 699.75 2015 21704 MILLER PT UK 5 LT 419,400 629.10 2015 23705 MILLER PT UK 4 LT IR 72,500 108.75 7,852.65 Page 12 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... AGENDA ITEM #3.A. Page 13 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. What Is the cost association with maintaining the proposed Otmeloi Way road Improvements? • The proposed Otmeloi Way Road improvement is approximately one mile of roadway • Service Area No. 1 cost estimate (current cost average) per mile is $30,700 per mile, per year • The estimated amount of property tax from the owners along Otmeloi Way is $7,652.65 • $22,847.35 will be shouldered by the rest of the Service Area No. 1 tax payers What are the sources of funding for the Otmeloi Way construction/improvements? • $3.3 million FY2006 State of Alaska grant • State's FY2017 capital budget of $4 million of federal highway funding If approved, how Is the operation and maintenance cost for the Otmeloi Neighborhood Streetlight Service Area allocated? • As of July 27, DOT determined 23 streetlights will be installed with the estimated cost of $710/mo or $8,500/year. This number has been determined; however, why that number is appropriate or whether it can be reduced has not been. Additional information is being sought from DOT. • Property owners within the boundaries will be assessed a tax based on their property assessed values • A mill rate will be determined by estimating needed funds to operate and maintain the lights Page 13 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. AGENDA ITEM O.A. Page 14 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... Introduced by: Borough Manager Requested by: Borough Manager Drafted by: Special Projects Staff I SUBSTITUTED VERSION Introduced: 0712112016 Public 2 VERSION 2 Adoptedeadng: 66/0412016 3 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2017-04 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH SUBMITTING TO THE QUALIFIED VOTERS THE 10 QUESTION OF ESTABLISHING THE OTMELOI WAY STREETLIGHT I I SERVICE AREA TO PROVIDE OPERATION AND MAINTENANCE OF 12 STREETLIGHTS ALONG OTMELOI WAY 13 14 WHEREAS, KIBC 4.05.040 provides that the assembly shall initiate any action to 15 establish a service area by Introducing an ordinance effecting the proposed action; and 16 17 WHEREAS, KIBC 4.10.010 provides that an ordinance for providing a service within a 18 service area shall not be effective unless approved by a majority of the qualified voters 19 voting on the question in 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 and related infrastructure will transfer to the Kodiak Island 27 Borough; and 28 29 WHEREAS, the Kodiak Island Borough does not have street lighting powers or other 30 means of paying for operation and maintenance of streetlights; and 31 32 WHEREAS, a streetlight service area would allow for ongoing operation and 33 maintenance of streetlights in the interest of public safety and neighborhood convenience 34 when street lights are installed; 35 36 WHEREAS, this ordinance would be in effect only if Proposition No. 1 altering the 37 boundaries of Service Area #1 is approved by the voters as improvements to Otmeloi Way 38 will not be constructed if the boundary change is not approved. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 41 BOROUGH that: 42 Kodiak Island Borough, Alaska Ordinance No. FY2017-04 Page 1 of 3 Page 14 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... AGENDA ITEM O.A. Page 15 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. 43 Section 1: Election. Upon adoption of this ordinance, the following ballot question will 44 be presented to the qualified voters in each area affected by the ordinance 45 at the October 4, 2016 Election. 46 47 48 49 BALLOT PROPOSITION NO. 2 50 51 If Ballot Proposition No. 1 Ito expand the boundaries of Service Area 52 No. 1 to Include all Properties fronting Otmeloi Way) passes with a 53 positive vote, shall the Kodiak Island Borough exercise the powers 54 necessary to provide operation and maintenance of streetlights along 55 Otmeloi Way as Indicated on the attached map? 56 O Yes O No 57 Section 2: Qualifications. A person who is a qualified voter in each area affected by 58 this ordinance may to vote on the proposition. 59 60 Section 3: Title 4 of the Kodiak Island Borough Code of Ordinances is amended by 61 adding Chapter 4.150 as follows: 62 63 Chapter 4.150 64 65 OTMELOI WAY STREETLIGHT SERVICE AREA 66 Sections: 67 4.150.010 Creation and powers. 68 4.150.020 Board 69 70 4.150.010 Creation and powers. The Otmeloi Way streetlight service area is 71 established pursuant to Ordinance No. FY2017-XX and encompasses the area as 72 indicated on the map attached to that ordinance. The Otmeloi Way streetlight 73 service area shall provide operation and maintenance of streetlights on Otmeloi 74 Way within its boundaries. 75 76 4.150.020 Board. The Otmeloi Way streetlight service area board shall consist of 77 three (3) members appointed by the assembly. 78 79 Section 4: Effective date. Section 1 of shall become effective upon passage of the 80 proposition to establish the Otmeloi Way Streetlight service area by the 81 qualified voters and upon certification of the October 4, 2016 election. Kodiak Island Borough, Alaska Ordinance No. FY2017-04 Page 2 of 3 Page 15 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. AGENDA ITEM O.A. Page 16 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... 82 Section 4 shall become eefective on the first day of the fiscal year following 83 certification of the election, if a moriority of those qualified voters cast their 84 ballats in favor of establishing the Otmeloi Way streetlight service area. 85 86 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 87 THIS DAY OF 2016 88 89 KODIAK ISLAND BOROUGH 90 91 92 93 Jerrol Friend, Borough Mayor 94 95 ATTEST: 96 97 98 99 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2017-04 Page 3 of 3 Page 16 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... AGENDA ITEM O.A. Page 17 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. Introduced by: Borough Manager Requested by Borough Manager Drafted by: Special Projects Staff I Introduced 07/212010 2 Public Hearing: 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2017-04 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH SUBMITTING TO THE QUALIFIED VOTERS THE 10 QUESTION OF ESTABLISHING THE OTMELOI WAY STREETLIGHT 11 SERVICE AREA TO PROVIDE OPERATION AND MAINTENANCE OF 12 STREETLIGHTS ALONG OTMELOI WAY 13 14 WHEREAS, KIBC 4.05.040 provides that the assembly shall initiate any action to 15 establish a service area by introducing an ordinance effecting the proposed action; and 16 17 WHEREAS, KIBC 4.10.010 provides that an ordinance for providing a service within a 18 service area shall not be effective unless approved by a majority of the qualified voters 19 voting on the question in 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 and related infrastructure will transfer to the Kodiak Island 27 Borough; and 28 29 WHEREAS, the Kodiak Island Borough does not have street lighting powers or other 30 means of paying for operation and maintenance of streetlights; and 31 32 WHEREAS, a streetlight service area would allow for ongoing operation and 33 maintenance of streetlights in the interest of public safety and neighborhood convenience 34 when street lights are Installed; 35 36 WHEREAS, this ordinance would be in effect only if Proposition No. 1 altering the 37 boundaries of Service Area #1 is approved by the voters as improvements to Otmeloi Way 38 will not be constructed If the boundary change is not approved. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 41 BOROUGH that: 42 Kodiak Island Borough, Alaska Ordinance No. FY2017-04 Page 1 of 3 Page 17 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. AGENDA ITEM O.A. Page 18 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. 43 Section 1: Election. Upon adoption of this ordinance, the following ballot question will 44 be presented to the qualified voters in each area affected by the ordinance 45 at the October 4, 2016 Election. 46 47 48 49 BALLOT PROPOSITION NO. 2 50 51 Shall the Kodiak Island Borough exercise the powers necessary to 52 provide operation and maintenance of streetlights along Otmelol Way 53 as indicated on the attached map? 54 O Yes p No 55 Section 2: Qualifications. A person who Is a qualified voter In each area affected by 56 this ordinance may to vote on the proposition. 57 58 Section 3: Title 4 of the Kodiak Island Borough Code of Ordinances is amended by 59 adding Chapter 4.150 as follows: 60 61 Chapter 4.150 62 63 OTMELOI WAY STREETLIGHT SERVICE AREA 64 Sections: 65 4.150.010 Creation and powers. 66 4.150.020 Board 67 68 4.150.010 Creation and powers. The Otmeloi Way streetlight service area is 69 established pursuant to Ordinance No. FY2017-XX and encompasses the area as 70 indicated on the map attached to that ordinance. The Otmeloi Way streetlight 71 service area shall provide operation and maintenance of streetlights on Otmeloi 72 Way within its boundaries. 73 74 4.150.020 Board. The Otmeloi Way streetlight service area board shall consist of 75 three (3) members appointed by the assembly. 76 77 Section 4: Effective date. Section 1 of shall become effective upon passage of the 78 proposition to establish the Otmeloi Way Streetlight service area by the 79 qualified voters and upon certification of the October 4, 2016 election. 80 Section 4 shall become eefective on the first day of the fiscal year following 81 certification of the election, if a modority of those qualified voters cast their 82 ballats in favor of establishing the Otmeloi Way streetlight service area. 83 Kodiak Island Borough, Alaska Ordinance No. FY2017-04 Page 2 of 3 Page 18 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. AGENDA ITEM O.A. Page 19 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... 84 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 85 THIS DAY OF 2016 86 87 KODIAK ISLAND BOROUGH 88 89 90 91 Jerrol Friend, Borough Mayor 92 93 ATTEST: 94 95 96 97 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2017-04 Page 3 of 3 Page 19 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T... AGENDA ITEM O.A. Page 20 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. as e- �'b $ s s E REZANOF DR 2 s �' A-Wi s W 9 � i e U K N Y Q O AY{rti. 3 ^ W > W M W N CD - Pu¢Isl 3 J Hp LU U)LU U)i gym" a a ` aIr LL F ® S i g W O W R 3 _ e�wrt�rzvw.w•v.w C° Page 20 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. AGENDA ITEM O.A. Page 21 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. 4.05.010 Establishing, altering, abolishing service areas — General. The assembly, by ordinance, may establish, alter or abolish service areas, subject to the provisions of this chapter. The borough may provide services within a service area only in accordance with Chapter 4.10 KIBC. [Ord. 80-29-0 §1, 1980]. 4.05.040 Initiation by assembly. The assembly shall initiate the establishing, altering or abolishing of a service area by introducing an ordinance effecting the proposed action. [Ord. 80-29-0 §1, 19801. 7.10.025 Propositions and questions. An ordinance placing propositions and questions before the voters must be adopted not later than 53 calendar days before a regular election, or 60 calendar days before a special election. [Ord. FY2009-19 §2, 20091. Page 21 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. AGENDA ITEM O.A. Page 22 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. Sent: Wednesday, July 27, 2016 3:53 PM To: Clerks Cc: Michael Powers Subject- Otmelol service area costs In response to Assembly requests for Information regarding costs associated with the two proposed ordinances for the Otmelol Way Improvements projects: The project design Includes Improvements to approximately one mile of roadway; the Road Service Area No.1 average maintenance cost per mile over the most recent 5 fiscal years Is approximately $30,700 per mile, per year. The project design also Includes the installation of 23 streetlights along Otmelol and Mallard Ways. Staff with the State have estimated an operation cost of $710 per month or $8,500 per year. Meagan Page 22 of 22 Ordinance No. FY2017-04 Submitting To The Qualified Voters T.. J s. 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Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough At Its Special Meeting Of August 11, 2016, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, August 18, 2016, At 6:30 P.M. in The Borough Assembly Chambers. FAILED Ordinance No. FY2017-04 Submitting To The Qualified Voters The Question Of Establishing The Otmeloi Neighborhood Streetlight Service Area To Provide Operation And Maintenance Of Streetlights Along Otmeloi Way And A Portion Of Mallard Way. CONVENED Into Executive Session To Discuss The Clerk's Performance Evaluation. INVITED the Mayor, Assembly and Clerk into executive session. No Action Was Taken As A Result Of This Executive Session. The Assembly Thanked The Clerk For All That She Does For The Borough And All Citizens. The Clerk’s Office Staff Members Have Always Made Themselves Available And Are Very Responsive To Requests Of the Assembly And The Public. Vol. FY2017, No. 4 August 12, 2016 Kodiak Island Borough Assembly Newsletter