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2006-03-02 Regular MeetingKODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: / WA 0Z Please print your name Please rint P your name Kodiak Island Borough March 2, 2006 - 7:30 p.m. Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Deputy Presiding Officer Assemb /ymember Term Expires 2008 Ms. Pat Branson Assemblymember Term Expires 2007 Ms. Sue Jeffrey Assemblymember Term Expires 2008 Mr. Reed Oswalt Assemblymember Term Expires 2008 Mr. Cecil Ranney Assemblymember Term Expires 2006 Mr. Mel Stephens Assemblymember Term Expires 2006 Ms. Barbara Williams Assemblymember Term Expires 2007 Mr. Rick Gifford Borough Manager 'Is. Judi. Nielsen, CMC Borough Clerk Kodiak Island Borough March 2, 2006 Assembly Agenda Regular Meeting Assembly Chambers Meeting broadcast live over radio station KMXT 100.1 FM. and Cablevision station 8. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES - None 6. AWARDS AND PRESENTATIONS A. Proclamation 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) (Toll Free Phone Number 1 -800- 478 -5736) (Local Phone Number 486 -3231) A. Agenda Items Not Scheduled for Public Hearing and General Comments. 8. COMMITTEE REPORTS 9. PUBLIC HEARING - None 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Reconsideration of Ordinance No. FY2006 -06 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance- budget Section 3.04.020Permissible lnvestmentsSection 3.04.022 Collateral Requirements Section 3.04.051 Facilities Fund by Changing the Types of Instruments the Borough Can Invest In and Changing the Investments Allowed in the Facilities Fund. Assembly Agenda Page 1 Reconsideration of Resolution No. FY2006 -28 Initiating the Woodland Acres Paving Assessment District to Pave Auk Circle, Coho Circle, Curlew Way, Gull Drive, Harlequin Court, Patrick Court, Plover Way, Puffin Circle, Puffin Drive, Sean Circle, Sea Quail Way, Shearwater Way, Teal Way, and Wolverine Way. Reconsideration of Resolution No. FY2006 -29 Determining to Proceed With the Proposed Woodland Acres Paving Assessment District and Authorizing Staff to Determine the Approximate Cost to Pave the Roads Within the District. 13. NEW BUSINESS A. CONTRACTS - None RESOLUTIONS 1. Resolution No. FY2006 -31 Establishing Citizens Board of Equalization Dates for the Year 2006. . ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2006 -08 Amending Kodiak Island Borough Code of Ordinances Tale 1Z 521AccessoryB ldings 2. Ordinance No. FY2006 -09 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.32 Motor Vehicle Registration and Tax Section 3.32.010 Established, and Section 3.32.020 Allocation; and by Adding Section 3.32.030 Fee Imposed to Increase the Motor Vehicle Registration Tax. D. OTHER ITEMS - None 14. INFORMATION MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Planning and Zoning Commission Regular Meeting of January 18, 2006. 2. Gravel Task Force Committee Regular Meeting of January 9, 2006. B. REPORTS 1. Kodiak Island Borough School District Board of Education Special Meeting of February 6, 2006. 15. CITIZEN COMMENTS 16. ASSEMBLYMEMBER COMMENTS 17. ADJOURNMENT Agenda items are available at the Borough Clerk's Office, 710 Mill Bay Road, or just prior to the meeting outside the Assembly Chambers. Kodiak Island Borough Assembly Agenda March 2, 2006 Page 2 Kodiak Island Borough March 2, 2006 - 7:30 p.m. Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abel/ Deputy Presiding Officer Assemblymember Term Expires 2008 Ms. Pat Branson Assemb /ymember Term Expires 2007 Ms. Sue Jeffrey Assemblymember Term Expires 2008 Mr. Reed Oswalt Assemblymember Term Expires 2008 Mr. CecilRanney Assemblymember Term Expires 2006 Mr. Mel Stephens Assemblymember Term Expires 2006 Ms. Barbara Williams Assemblymember Term Expires 2007 Mr. Rick Gifford Borough Manager Ms. Judi. Nielsen, CMC Borough Clerk Kodiak Island Borough March 2, 2006 Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES - None 6. AWARDS AND PRESENTATIONS A. Student of the Month B. Proclamation Assembly Agenda Regular Meeting Assembly Chambers DRAFT 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) (Toll Free Phone Number 1 - 800- 478 -5736) (Local Phone Number 486 -3231) A. Agenda Items Not Scheduled for Public Hearing and General Comments. 8. COMMITTEE REPORTS A. AADC Update - Martha Schoenthal 9. PUBLIC HEARING - None 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Reconsideration of Ordinance No. FY2006 -06 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance— budget Section 3.04.020 Permissible /nvestmentsSection 3.04.022 Collateral Requirements Section 3.04.051 Facilities Fund by Changing the Types of Instruments the Borough Can Invest In and Changing the Investments Allowed in the Facilities Fund. Assembly Agenda Page 1 B. Reconsideration of Resolution No. FY2006 -28 Initiating the Woodland Acres Paving Assessment District to Pave Auk Circle, Coho Circle, Curlew Way, Gull Drive, Harlequin Court, Patrick Court, Plover Way, Puffin Circle, Puffin Drive, Sean Circle, Sea Quail Way, Shearwater Way, Teal Way, and Wolverine Way. C. Reconsideration of Resolution No. FY2006 -29 Determining to Proceed With the Proposed Woodland Acres Paving Assessment District and Authorizing Staff to Determine the Approximate Cost to Pave the Roads Within the District. 13. NEW BUSINESS A. CONTRACTS - None B. RESOLUTIONS 1. Resolution No. FY2006 -31 Establishing Citizens Board of Equalization Dates for the Year 2006. C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2006 -08 Amending Kodiak Island Borough Code of Ordinances Title 1 7 Zoning Chapter 17.51 Accessory Buildings Section 7.51 .040 Height Limit. D. OTHER ITEMS - None 14. INFORMATION MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Planning and Zoning Commission Regular Meeting of January 18, 2006. 2. Gravel Task Force Committee Regular Meeting of January 9, 2006. B. REPORTS 1. Kodiak Island Borough School District Board of Education Special Meeting of February 6, 2006. 15. CITIZEN COMMENTS 16. ASSEMBLYMEMBER COMMENTS 17. ADJOURNMENT Agenda items are available at the Borough Clerk's Office, 710 Mill Bay Road, or just prior to the meeting outside the Assembly Chambers. Kodiak Island Borough Assembly Agenda March 2, 2006 Page 2 Regular Meeting of March 2, 2006 Item No. 12.A. Kodiak Island Borough AGENDA STATEMENT Reconsideration of Ordinance No. FY2006 -06 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance — budget Section 3.04.020 Permissible Investments Section 3.04.022 Col lateral Requirements Section 3.04.051 Facilities Fund by Changing the Types of Instruments the Borough Can Invest In and Changing the Investments Allowed in the Facilities Fund. Assemblymember Branson filed the motion to reconsider Ordinance No. FY2006 -06 with a second from Assemblymember Jeffrey. Assemblymember Branson should make the motion to reconsider the vote taken on Ordinance No. FY2006 -06. Discussion is to focus on the reason to reconsider the vote - as the maker of the motion, Assemblymember Branson should speak first. If the motion to reconsider passes with a majority vote, the motion to advance Ordinance No. FY2006 -06 to public hearing on March 2, 2006 is before you as if the original vote had not taken place. A motion to amend the public hearing date from March 2, 2006 to March 16, 2006 would be in order. If the motion to reconsider fails, the original vote stands. Only one motion to reconsider shall be entertained on any ordinance even if the assembly overturns the original action. If a motion to reconsider fails, a second motion to reconsider the same action shall not be in order. FISCAL NOTES: ACCOUNT NO.: NA Expenditure Required: Amount APPROVAL FOR AGENDA: Recommended motion: Move to reconsider the vote taken on Ordinance No. FY2006 -06. }� RECONSIDERATION AFFIDAVIT 015 having voted on the prevailing side, file my intent to reconsider the vote taken on Ordinance No. FY2006 -06 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance — budget Section 3.04.020 Permissible Investments Section 3.04.022 Collateral Requirements Section 3.04.051 Facilities Fund by Changing the Types of Instruments the Borough Can Invest In and Ching the Investments Allowed in the Facilities Fund on February 16, 2006. SUBS to before me this day of , 2006. 1_114. Notary Public In and F or Alaska „ y) My Commission Expires: � / , file my intent to second the reconsideration of the vote taken on Ordinance No. FY2006 -06 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance — budget Section 3.04.020 Permissible InvestmentsSection 3.04.022 Collateral Requirements Section 3.04.051 Facilities Fund by Changing the Types of Instruments the Borough Can Invest In and Changing the Investments Allowed in the Facilities Fund on February 16, 2006. I SUBSCRIBED AND SWORN to before me this FILED with the Kodiak Island Borough Clerk this /7 day of I ay of "I Notary Public In and For aska I r _ My Commission Expires: Signature udith A. Nielsen, Borough Clerk 0119 , 2006. , 2006. Introduced by Manager Gifford Requested by. Assembly Drafted by Finance Director Introduced: 02/18/2006 Failed to Advance to PH: 02/16/2006 Public Hearing: Adopted: KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2006 -06 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 3 REVENUE AND FINANCE CHAPTER 3.04 PUBLIC FINANCE — BUDGET SECTION 3.04.020 PERMISSIBLE INVESTMENTS SECTION 3.04.022 COLLATERAL REQUIREMENTS SECTION 3.04.051 FACILITIES FUND BY CHANGING THE TYPES OF INSTRUMENTS THE BOROUGH CAN INVEST IN AND CHANGING THE INVESTMENTS ALLOWED IN THE FACILITIES FUND WHEREAS, the Borough Code pertaining to investments has become dated; and WHEREAS, the list of allowed investments could be more clearly defined; and WHEREAS, collateral is not available on all investment types, only repurchase agreements and certificates of deposit; and WHEREAS, because the principal amount of the investments held in the Facilities Fund is not used for daily operations, investments can be held for a longer term and can have larger swings in value; and WHEREAS, generally, over a long period of time equities (stocks) show a greater return than govemment securities; and WHEREAS, because of GASB 31 the value of the Borough investments change on our general ledger even though it will not change over the life of an investment; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 3 Revenue and finance Chapter 3.04 Public Finance — Management and Accounting Section 3.04.020 Permissible investments is hereby amended as follows: Chapter 3.04 PUBLIC FINANCE — MANAGEMENT AND ACCOUNTING Sections: 3.04.010 General treasury management. 3.04.015 Authority. 3.04.020 Permissible investments. 3.04.021 Terms defined. 3.04.022 Collateral requirements. 3.04.023 Collateral safekeeping. 3.04.026 Diversification of investments. 3.04.027 Investment records. 3.04.030 Deposit of school money. 3.04.040 Basis of accounting. 3.04.050 Funds. 3.04.051 Facilities fund. 3.04.052 Education fund. Kodiak Island Borough, Alaska Ordinance No. FY2006 -06 Page 1 of 5 3.04.053 Fern Fuller fund. 3.04.056 Land sale fund. 3.04.056 Penalties. 3.04.057 General fixed assets. 3.04.060 Distribution of funds. 3.04.065 Review of service fees. 3.04.070 Post audit. 3.04.020 Permissible investments. The treasurer shall invest money only in the following types of security instruments: A. Bonds, notes, or other obligations, direct or otherwise, of the United States Government - B. Bonds and other evidence of indebtedness of the state of Alaska, or any municipality, or political subdivision of the state of Alaska; C. Savings accounts, certificates of deposit, banker's acceptances, repurchase agreements, and such other legal security instruments; or D. The Alaska Municipal League Investment Pool, Inc. made in accordance with the terms of that Pool's "Common Investment Agreement ". Section 3: Title 3 Revenue and finance Chapter 3.04 Public Finance — Management and Accounting Section 3.04.022 Collateral requirements is hereby amended as follows: 3.04.022 Collateral requirements. CD's over $100,000 must be collateralized at 102 %roll thc extent that thc investment amount cxcccd3 thc limits of rDIC or othcr applicable A. Etatc and municipal flequired for bonds and notes: 100% of Dcpo3it 1. Alaskan issues 100% of morkct project notes Alaska i33UC3 100% of morkct 3. Othcr 3tatca (Boa rating or bcttcr) 120% of morkct 2. federal agency i33UC3 100% of morkct project notes othcr 100% of market (Ord. 02 15 O(A) (port), 1002). Section 4: Title 3 Revenue and finance Chapter 3.04 Public Finance — Management and Accounting Section 3.04.051 Facilities fund is hereby amended as follows: 3.04.051 Facilities Fund. A. The facilities fund is established as a separate investment fund which is distinct from all other funds. The fund consists of all proceeds received from the sale of Shuyak Island property to the Exxon Valdez Oil Spill Trustee Council. All income from the fund shall be deposited to the fund. The assembly may, by ordinance, make additional appropriations to the fund at any time. Any additional funds added to the fund, aside of Shuyak Island proceeds, shall become part of the fund as a whole and subject to the regulations of the facilities fund. B. - - - ... . - - - - - - - The Kodiak Island Borough, Alaska Ordinance No. FY2006 -06 Page 2 of 5 investment purpose of the Facilities Fund is growth through prudent investment of fund assets. Notwithstanding the objectives of the Borough policy for the investment of its operating and other funds set out in 3.04.020, the investment of the Facilities Fund assets shall be made to maintain safety of principal while maximizing total return. Investments shall be diversified to minimize the risk of loss resulting from a concentration of investments in a specific maturity, issuer, class of security financial institution or, with respect to equity investments, in a specific company, industry or investment sector. Fund assets may be invested in the instruments and securities set out in the following: 1, United States Treasury obligations including bills, notes, bonds, and other debt obligations issued by the United States Treasury, and backed by the full faith and credit of the U.S. Government. 2. Securities issued or guaranteed by agencies and instrumentalities of the U.S. Government but not explicitly backed by the full faith and credit of the U.S. Government. 3. Securities issued or guaranteed by municipalities in the United States, rated in one of the three highest rating categories by nationally recognized statistical rating organization (NRSRO). 4. Corporate debt securities rated investment grade. 5. Asset - Backed securities rated investment grade. 6. Yankee debt (that is, U.S. dollar denominated obligations issued in the U.S. capital markets by foreign issuers) rated investment grade. 7. Mortgage- Backed Securities (MBS) and Collateralized Mortgage Obligations (CMO) comprising. Agency MBS investments issued by Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, or the Government National Mortgage Association. CMO investments securitized by agency MBS issued by Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, or the Governmental National Mortgage Association; provided that permissible CMO investments include only sequential class CMO's or type I planned amortization class CMO's. 8. Money market mutual funds regulated by the Securities and Exchange Commission which comply with rule 2(a)7 and whose underlying portfolio consists of investment grade securities; and The Alaska Municipal League Investment Pool, Inc. 9. A mutual fund, which is designed to replicate the Standard and Poor's 500 Index or an ETF (Exchange Traded Funds) with the same purpose. C. Allocation of investments. The Borough may have all or part of the Facilities Fund investments managed by an external money manager. 1. By external money managers. Allowable Maximum Minimum Percentage Percentage Requirements of Issuer of portfolio UST 100% 0 -100% Agencies 100% 0 - 100% Bonds BBB 10% 0 - 2596 BA's A 2% 0 - 25% Repo's A 5% 0 - 25% CD's A 5% 0 - 10% Mutual Funds 10 - 25% AMLIP 0 - 5096 CD's over $100,000 must be collateralized at 102% Mutual Funds must meet all of the above requirements. 2. By Finance Director or designee: The finance director or designee can invest in any of the above except for mutual funds. Kodiak Island Borough, Alaska Ordinance No. FY2006 -06 Page 3 of 5 D. The following are prohibited transactions: 1. Purchase of non - dollar securities. 2. Purchase of private placement securities. 3. Short sale of securities (the sale and settlement of a security not currently owned and a formal agreement to borrow the security to facilitate the settlement of the short sale) 4. Purchases of futures, forwards or options. 5. Borrowing to leverage the return on investments. Extended settlement of securities purchases executed to facilitate or improve the efficiency of a transaction will not be considered borrowing, provided that sufficient cash equivalent securities or receivables are available to facilitate the extended settlement. In the event a security currently held in the portfolio is downgraded below investment grade the money manager shall provide written notification to the Finance Director and set forth in writing a recommended course of action. The fund may not be appropriated or spent, except as provided in this section. The earnings or principle shall at no time run or supplement the running of government except as specified in this section. C. The oaacmbly may, by ordinance, makc a one (1) time appropriation of aix million 13E.The excess income of the fund is defined as eighty -five (85) percent of the annual investment income from the fund. The excess income of the fund is available for appropriation by the assembly in the fiscal year following the year in which the income is earned. The excess income of the fund may be appropriated only for the following purposes: 1. maintenance and repair of existing borough facilities, 2. insurance paid by the borough for borough buildings, 3. upgrade and reconstruction of existing facilities, or 4. debt service on general obligation bonds issued for facilities construction - -up to fifty (50) percent of excess may be used for this purpose. 5F. A portion of the fund may be appropriated for another purpose only upon approval of an ordinance ratified by a two - thirds (2/3) majority of the qualified voters at a regular or special election. G. At (east ninety (90) days prior to fiscal year end the Assembly will adopt a resolution to determine how much of the Facilities Fund will be managed by external money managers. H. Selection of money managers. If the Assembly desires the services of a money manager, the Finance Director will prepare an RFP to solicit proposals from different money managers to manage a portion or all of the investments of the Facilities Fund. The Borough There shall be a committee consisting of the Borough Finance Director, a Borough staff member appointed by the Manager, and an Assembly member appointed by the Mayor to wi# evaluate the various proposals and make a recommendation to the Assembly through the Borough Manager. Money managers must meet the following minimum criteria: 1. Be a bank, insurance company, investment management company, or investment adviser as defined by the Registered Investment Advisers Act of 1940. 2. Provide historical quarterly performance numbers calculated on a time - weighted basis, based on a composite of all fully discretionary accounts of similar investments style, and reported net and gross of fees. 3. Provide detailed information on the history of the firm, key personnel, key clients, fee schedule, and support personnel. This information can be a copy of a recent Request for Proposal (RFP) completed by the money manager. Kodiak Island Borough, Alaska Ordinance No. FY2006 -06 Page 4 of 5 4. Clearly articulate the investment strategy that will be followed and document that the strategy has been successfully adhered to over time. Selected firms shall have no outstanding legal judgments or past judgments, which may reflect negatively upon the firm. I. Duties and responsibilities of the money manager. The duties and responsibilities of each money manager retained by the Borough include the following: 1. Managing the Borough assets under its care, custody and /or control in accordance with the objectives and guidelines set forth herein. 2. Exercising investment discretion (including holding cash equivalents as an alternative) within the objectives and guidelines set forth herein. 3. Promptly informing the Borough through the Finance Director in writing regarding all significant and /or material matters and changes pertaining to the investment of Borough assets including but not limited to: a. Investment strategy b. Portfolio structure c. Tactical approaches d. Ownership e. Organizational structure f. Financial condition g. Professional staff h. Recommendations for guideline changes i. All legal material, SEC and other regulatory agency proceedings affecting the firm. 4. Promptly voting all proxies and related actions in a manner consistent with the long- term interests and objectives of the Borough set forth herein. The money manager shall keep detailed records of said voting of proxies and related actions and will comply with all regulatory obligations related thereto. 5. Utilize the same care, skill, prudence and due diligence under the circumstances then prevailing that experience, investment professionals acting in a like capacity and fully familiar with such matters would use in like activities for like Borough and Endowment Funds with like aims in accordance and compliance with all applicable laws, rules and regulations from local, state, federal and international political entities as it pertains to fiduciary duties and responsibilities. 6. Acknowledge and agree in writing to their fiduciary responsibility to fully comply with all of the objectives and guidelines set forth herein, and as modified in the future. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 ATTEST: Jerome M. Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. FY2006 -06 Page 5 of 5 Regular Meeting of March 2, 2006 Item No. 12.B. Kodiak Island Borough AGENDA STATEMENT Reconsideration of Resolution No. FY2006 -28 Initiating the Woodland Acres Paving Assessment District to Pave Auk Circle, Coho Circle, Curlew Way, Gull Drive, Harlequin Court, Patrick Court, Plover Way, Puffin Circle, Puffin Drive, Sean Circle, Sea Quail Way, Shearwater Way, Teal Way, and Wolverine Way. Assemblymember Stephens filed the motion to reconsider Resolution No. FY2006 -28 with a second from Assemblymember Willliams. Assemblymember Stephens should make the motion to reconsider the vote taken on Resolution No. FY2006 -28. Discussion is to focus on the reason to reconsider the vote - as the maker of the motion, Assemblymember Stephens should speak first. If the motion to reconsider passes with a majority vote, the motion to adopt Resolution No. FY2006 -28 is before you as if the original vote had not taken place. If the motion to reconsider fails, the original vote to adopt Resolution No. 2006 -28 stands. Only one motion to reconsider shall be entertained on any resolution even if the assembly overturns the original action. If a motion to reconsider fails, a second motion to reconsider the same action shall not be in order. FISCAL NOTES: ACCOUNT NO.: NA Expenditure Required: Amount APPROVAL FOR AGENDA: Recommended motion: Move to reconsider the vote taken on Resolution No. FY2006 -28. TO: JUDI NIELSEN Kodiak Island Borough Clerk NOTICE OF INTENT TO RECONSIDER Pursuant to KIBC 2.17.070(N)(3) the undersigned members of the Kodiak Island Borough assembly hereby give notice that motions to reconsider each of the following resolutions, passed at the regular assembly meeting of February 16, 2006, will be made at the next regular assembly meeting: Resolution FY 2006 -28 Initiating the Woodland Acres Paving Assessment District Resolution FY 2006 -29 Determining to Proceed With the Proposed Woodland Acres Pav ing Assessment District DATED this 17th day of February, 2006. MEL STEPHENS BARBARA WILLIAMS A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH INITIATING THE WOODLAND ACRES PAVING ASSESSMENT DISTRICT TO PAVE AUK CIRCLE, COHO CIRCLE, CURLEW WAY, GULL DRIVE, HARLEQUIN COURT, PATRICK COURT, PLOVER WAY, PUFFIN CIRCLE, PUFFIN DRIVE, SEAN CIRCLE, SEA QUAIL WAY, SHEARWATER WAY, TEAL WAY, AND WOLVERINE WAY WHEREAS, Kodiak Island Borough Code Chapter 4.40 provides for the creation of an assessment district within an established service area leading to the improvement and paving of roads; and WHEREAS, a petition was submitted in December 2002 by property owners requesting that the assembly create an assessment district to pave roads in their neighborhood; and WHEREAS, on April 15, 2003 the Assembly held a public hearing and directed the manager to prepare a resolution to determine whether to proceed with the proposed assessment; and WHEREAS, a resolution was not forthcoming and no additional action was taken; and WHEREAS, the assembly desires to resume the project and finds that providing assessment district property owners with the estimated costs of the paving project for their review and approval prior to the Assembly authorizing construction is appropriate; and WHEREAS, once the cost of the paving project is determined, the assembly intends to hold another public hearing prior to authorizing construction; NOW, THEREFORE, BE IT RESOLVED, BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Woodland Acres Paving Assessment District to Pave Auk Circle, Coho Circle, Curlew Way, Gull Drive, Harlequin Court, Patrick Court, Plover Way, Puffin Circle, Puffin Drive, Sean Circle, Sea Quail Way, Shearwater Way, Teal Way, and Wolverine Way is hereby initiated. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH DAY OF FEBRUARY 2006 ATTEST: Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -28 KODIAK ISLAND BOROUGH Introduced by: Manager Gifford Requested by: Assembly Drafted by: Borough Clerk Introduced: 02/16/2006 Adopted: 02/16/2008 Jerome M. Selby, Borough Mayor Kodiak Island Borough Alaska Resolution No. FY2006 -28 Page 1 of 1 Regular Meeting of March 2, 2006 Item No. 12.C. Kodiak Island Borough AGENDA STATEMENT Reconsideration of Resolution No. FY2006 -29 Determining to Proceed With the Proposed Woodland Acres Paving Assessment District and Authorizing Staff to Determine the Approximate Cost to Pave the Roads Within the District. Assemblymember Stephens filed the motion to reconsider Resolution No. FY2006 -29 with a second from Assemblymember Willliams. Assemblymember Stephens should make the motion to reconsider the vote taken on Resolution No. FY2006 -29. Discussion is to focus on the reason to reconsider the vote - as the maker of the motion, Assemblymember Stephens should speak first. If the motion to reconsider passes with a majority vote, the motion to adopt Resolution No. FY2006 -29 is before you as if the original vote had not taken place. If the motion to reconsider fails, the original vote to adopt Resolution No. 2006 -29 stands. Only one motion to reconsider shall be entertained on any resolution even if the assembly overturns the original action. If a motion to reconsider fails, a second motion to reconsider the same action shall not be in order. FISCAL NOTES: ACCOUNT NO.: NA Expenditure Required: Amount APPROVAL FOR AGENDA: Recommended motion: Move to reconsider the vote taken on Resolution No. FY2006 -29. TO: JUDI NIELSEN Kodiak Island Borough Clerk NOTICE OF INTENT TO RECONSIDER Pursuant to KIBC 2.17.070(N)(3) the undersigned members of the Kodiak Island Borough assembly hereby give notice that motions to reconsider each of the following resolutions, passed at the regular assembly meeting of February 16, 2006, will be made at the next regular assembly meeting: Resolution FY 2006 -28 Initiating the Woodland Acres Paving Assessment District Resolution FY 2006 -29 Determining to Proceed With the Proposed Woodland Acres Paving Assessment District DATED this 17th day of February 2006. ) MEL STEPHENS (i.�., /Ln BARBARA WILLIAMS Introduced by: Manager Gifford Requested by: Assembly Introduced: 02/16/2008 Adopted: 02/16/2008 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -29 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING TO PROCEED WITH THE PROPOSED WOODLAND ACRES PAVING ASSESSMENT DISTRICT AND AUTHORIZING STAFF TO DETERMINE THE APPROXIMATE COST TO PAVE THE ROADS WITHIN THE DISTRICT WHEREAS, once an assessment district has been initiated, Kodiak Island Borough Code 4.40.050 requires the Assembly to hold a public hearing on the necessity of the proposed improvement; and WHEREAS, a notice of public hearing in the proper form was duly published and mailed to affected property owners advising of the proposed assessment district, the property to be assessed, the methods of allocating costs the purpose of the hearing, and the method for protesting and objecting to the action under consideration; and WHEREAS, after the public hearing, the assembly shall, by resolution, determine whether to proceed with the proposed improvement; and WHEREAS, a petition was submitted in 2002 by residents requesting that the Assembly create an assessment district to pave roads in their neighborhood; and WHEREAS, the boundary of the assessment district and the properties that will be assessed is identified as those lots served by Puffin Drive, Sean Circle, Sea Quail Way, Harlequin Court, Puffin Circle, Patrick Court, Curlew Way, Gull Drive, Teal Way, Shearwater Way, Auk Circle, Plover Way, Coho Circle, and Wolverine Way and as identified in a boundary map and spreadsheet tilted Woodland Acres Paving Assessment District, both attached N.ith this resolution; and WHEREAS, the method of allocation of the costs of this work shall be based on a per lot value basis of each parcel in accordance with KIBC 4.40.140(E). The parcel having multiple accesses to their property, one by a state road and the other by a road within this assessment district, will be assigned a 50% assessment allocation of their normal full assessment as if it were not served by a state road. WHEREAS, the Borough Manager has prepared a proposed assessment roll containing a brief description of each property to be assessed, the name of the record owner and determined the method of assessment allocation. NOW, THEREFORE BE IT RESOLVE BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the improvement is necessary and of benefit to the properties to be assessed. NOW, THEREFORE BE IT FURTHER RESOLVED that engineering work will be performed to provide residents of the assessment district the estimated costs of engineering, designing, and paving and that another Assembly public hearing will be conducted to determine if the project should proceed. Kodiak Island Borough Alaska Resolution No. FY2006 -29 Page 1 of 2 ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough Alaska Resolution No. FY2006 -29 Page 2 of 2 0 2 8 N 2 J l co cc w 5 W O • a O CO C r J N W F Q in 2 10 3 U 0 0 co 0 O e 0 cc ❑ 8 0 2 0 2 F e e m 0 cc y 0 0 a Cc cc 3 U W Z W 2 U 0) 0 cc 0 a U N O 0- e3 a cr- ❑ 0 0 0 O 0 O N S 0 CI 8 cc U 8 O 2 W cc 0 2 0 R Z 8 O O N N 0 b a Q CO 0 0 ❑ 8 x Z cn O co 2 Q W 0) 0 a ni w m 0 O a. ❑ O 2 e LO ❑ 8 O 0 0 N 0 O cc 0 w cn J CO LU F on n a N 0 a 5 co a co ❑ cc 0 0 ° o 3 0 8 et W U S cc u, cO Q 0 w co cc 2 v co 0 n 0 8 CC z 8 O Z W O N 0 0 ry U 8 0- 0 v 0 N 8 Q Q Z U co 0- 2 0 0, 0 cc 0 8 N 0 8 CI 6 A 2 w 2 0 2 J a o 0 8 cc Q U N U w g X N 0) N O CO a 0 co 8 Z N Z cc u. 2 a CC 0 8 0 O 8 Q J 0 0 ❑ 8 U 6 N 8 0 LL 2 2 2 U 0 cc 0 0 P 0 W 2 W J W U 2 2 0) 0 0 O 0 O O) S Q 2 O x U co 0 2 2 CC 0 8 N A A Q 0 O0- O J J It a m om 000 CO U ¢ U a 0 0 00 000 3 ¢ N 0 2 F 2 S U 0 0 a 0 CO CC 8 a O N. s 5 cc Z Q U N ❑ a U W O Q a 0 cc 5 O e 0 0 8 k 0 0 0 O 0 0 8 N O 8 W 0 0 W Q 8 1- 6 eS 0 Q O N 8 0 0 w cc m w 10 0 04 8 2 CC NJ LL w cc N 8 0 O N Q O 0 CO 8 cc 8 2 a 2 m q 0 0 0. 0 A 8 0 0 ai cc cc 0 0 co en O 0 0 O N N Q O 0 O O 8 Q 0 8 cc U 0 cc cc J U 2 Lag a cc N O 0 co CC cc cc 0 Z F 0 O co O 0 O 8 N 0- cc o 0 J cc 0 0 r- 8 O J 0 m 0 W S 2 N O J 0 U W 0 w co 0 Q w 0 O N O 0 R F 0 CO 8 CC 0 A ¢ CC N 8 O 0 cc U r 2 CC w U 0) W co 2 U 0 N 0 m O 2 O a 8 8 O 1 J CO CO 8 2 3 J U 8 Z 2 W 0 m 0 co O N 0 U 0 F W Z 0 w 0 CO O CC 0 8 ry 0 z 3 0 8 > a 0 8 W Q Q Z O 0 m O cc 0 8 0- O 0 0 1 N 2 CD J CO CO F- a 0 0 3 O 0 U W F W -J h J U w 0 E O 0 0 N 8 O 0 0 R J CO 2 e 0 8 O 0 U co 0 2 co Q N 0 O 0 0 N 0 O A 2 co J co 2 8 O 0 W cc 0 CC 8 0 O e n, 0 6 0 0 2 O. 0 0 cc 0 N 0 n co 8 U 6 O J 0 2 2 u. 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ZO �0 0 W 2 > O cc W N Q U N w U > a �j y W O Z W 2¢ Z Q Z Q Z 3Q -, 0 43 2 ¢ 0 cr W W a Q ¢ ¢ 0 = 0 CO W 0 << ZZ U 1- ` ' g ` 11-- Z zw Y 3 O E y J Q W Q W W W win W = R O U J O J O J J O W Q a U a Z O¢ 2 Q W Q 0 O ¢ Y f- J J 0 I- CO CO J> J M J J m J¢ J J J Z> 2 > 2 Y 3 Z > 0 0 0 ? i 2> ¢¢ PROPOSED WOODLAND ACRES PAVING DIST PUBLIC HEARING COMMENTS Name: F77.4v ce 5 Goa Thy r-C.) Property Address: 4'3 v6 TZA - Z - , Mailing Address: P.0 . , 3 - if/r/ I t o o €.T - K. Ark Comments: of SP7.uc.F. cJsO2 -. Aft .1.A FEB - 82006 BOROUGH CLERK'S OFFICE e}a/,n7 / . 54, T Srjav <0,-v O,) Th t p oA-a5 I J but PR- 'r•.awVLtq X.rn r v 5/ 4--LS 0 OA— 9 41i2- in* r Dtn - au5 j Faas.s o f fe FF a / c i , ft, / G oL,J, S s,,.a -Tr... AS 0vrc.,vto r v s.YJpH I,vC RL4RS/) 7RAFF, c_ FTd• Please return this form by fax to 486 -9391, Email to jnielsen @kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk prior to 5 p.m. on February 16, 2006. Comments favoring and opposing are encouraged. Please call the Borough Clerk's Office at 486 -9310 if you have any questions. IS PROPOSED WOODLAND ACRES PAVING DISTRICT PROPOSED WOODLAND ACRES PAVING DIST PUBLIC HEARING COMMENTS Name: qpr l(bk e 6Dfla \ Jense&i Property Address: L C . ,L (L a r Mailing Address: cyu.e Comments: doom/L. thCriti D � FEB 1 3 2006 J BOROUGH CLERK'S OFFICE Please return this form by fax to 486 -9391, Email to jnielsen @kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk prior to 5 p.m. on February 16, 2006. Comments favoring and opposing are encouraged. Please call the Borough Clerk's Office at 486 -9310 if you have any questions. Name: PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS Y Nrc - 4ELI zAr8 arR -.I otk.n'C Ord Property Address: 35 `1 1 PATR_{ (AK- Cr Mailing Address: Po t o k___G 7 DEC EIVE IN FEB 1 BOROUGH CLERK'S OFF CE Comments: WE (+S tmyne- o.t)Natz S 77-k u Vnf uN Aa-c-tc - E Aft lu 'J 6 D(S1 ie t cT" lit Rk 4 jpiS T 'r7+ -& toRitnk1r PPPPoSAL— Fn2 Haifa , rli Ent eeNCEC 7V .b& 1 rh riuc 77fe c_os r Of PA v (Ai G /AS 'L1/4-3 /1-S Pod t tie t Fl-2e t- J6 14 t 11-1n3t, eft e LA. &en/ Tree 602 over acaeaby tAi t-'-/ NAS f7i6E ? wtt{ry THE Lo Wet OA f� 1/ 6C A+Sf“ - b ! PA r`a2 J 4 174- 5 (2 V C-* - % eoetpocat+ 4 fl rn'(t5 7D $411-VC - VC rt»Jbfi 41- faa9`r se A4 t e ? CR Mr WN(Lf Mott) Wff:E/J g -Ol, /R K5 Etc'N nun Li 15 /1-S So cff Poo c 3i f77 +{ WriAf( Olt_ <nsr OP 1\00 ✓n &` 2(oMcs o t C. tbCS3 (e-5 1 (+1 6 , 4* ' i t (a- exThi— CTR -EG -R- S c-t s FZfKd--/ Aj &, A- PA /1 f NS tvc-c - rA O r > 41 l2s CA2 A p n DN 6 L zAT7 0$i Kr_ b u t Et 514 nJC FA-1111 t-t 6-5 1. ,r t4ItV& uw62-KE0 .i 2.1(7 H e za(2_ 1 v6-04-.-42._ t e- rn,.» in y 11 r n.3 Poo 2 =5H,'PPC. 1 m y wf-(F5 a4r Ivor g4-P p w rm f (t oF r74%6- tr- FC(2_c -11se5 autrc._ x 1 c•Itr -)w c <}P" •17-1 1-5 Pis i �r iE _e v. t • �_ E sa our� u 1 A n� t� b C- r not our' OF V 5.. YO U oN 7746 6012.0061 NE T L--(5 1 Tt rC..) rtrr.s Lomrvf,7r-t`t NoT -TV tr S ec_GGT f�lf7lr) fS !\ "�t7'7' fl(6, 77 616 T?3 /-S (CiN /n f=0/. mofLE fm -v t&)E 00 N D r Lf /TV E Please return this form by fax to 486 -9391, Email to jnielsen @kib.co.kodiak mail or hand deliver to the Office of the Borough Clerk prior to 5 p.m. on February 16, 2006. Comments favoring and opposing are encouraged. Please call the Borough Clerk's Office at 486 -9310 if you have any questions. •d 9L1/2- 984 -L06 eJaeTa pue g3agezTTs" •a dSt.:IO 90 91 qej Judi Nielsen rm: Zack [zatd4O ©gci.netj .it: Monday, February 13, 2006 10:28 PM To: Judi Nielsen Subject: WOODLAND ACRES PAVEMENT ASSESSMENT DISTRICT INPUT Dear Ms. Nielsen - We wholeheartedly support the creation of the Woodland Acres Pavement Assessment District. We live on a corner lot, so we support method D, allocation of costs on a per -lot basis. We believe this is an equitable solution to the sharing of costs because, like many corner lots in Woodland Acres, we receive no practical benefit from having pavement on two sides of our home, since a right -of -way (ditch) precludes convenient, practical parking on one of the two sides of our property's street frontage. Additionally, since that frontage is on a culdesac, we do not receive any benefit from an additional driving approach /departure direction. The paving of this area will significantly reduce wear and tear on our vehicles, and will improve the appearance of our homes and vehicles due to a reduction of dust and mud. In addition, we will be able to relax in our yard on a summer day without ingesting the dust of passing vehicles. Finally, driving safety will improve since drivers will no longer have to swerve back and forth across the road to find the (relatively) smoothest route through the gauntlet of potholes. Thank you Zachary and Amy Jones 493 Shearwater Way Kodiak, AK 99615 2/14/2006 ; EECflWE FEB 1 4 2006 BOROUGH CLERK'S OFFICE Judi Nielsen . im: A. & T. Kirven [kirvens4nkodiak @gci.net] Sent: Thursday, February 16, 2006 4:28 PM To: Judi Nielsen Subject: Woodland Paving Project 2/16/2006 Name: Property Address; nn Mailing Address: P. o . Comments: Al P. tli . an un rl Un165 L h -14, bill 4r o f 1.. 7n of if done _ a ,imi I ar -{ cd of a s 71n4ij Lsl citd s , *e e nil 11 PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS VPrr J/ Kyou rojed- i5 puma 1* " dam / y ctrct Yl ailAin col r / ;ed� rifer L al �f ro oc roan by Malt 10, Ernst Oa x uaiy1®kla0, 200m m ar to andi m8p.m.0nF rthay 1 Command a 0sow any g I 0 W ra00i08&oua 0CI k'e Gft1t n410- 310 MYau Moo mry c$ 4A la. E C IS V E FEB 1 6 2006 BOROUGH CLERK'S OFFICE PROPOSED WOODLAND ACRES PAVING PUBLIC HEARING COMMENTS s .ICFEB 1 4 D - 2006 BOROUGH CLERK'S OFFICE Name: Mario Lledo Property Address: 3462. Puffin Pr I <od ea k e AK 99615 Mailing Address: P.O. box (674 Kodiak , AK 99615 Comments: Ever-since Woodland Acres -athd . was connected z opened to 2pwce eeipe & the surrcundrng vicinify , Puffin Dr became The main road mo{nrrsts tat 10 CM fn any place or property wirfhtn the subdivision ea other places or properties around Spruce CapeRd & nearby areas. pnic is particularly frue 1a rnest drrvetr coming firm Miff ,BayRd area . During the summer-him ummerh ne r houses around Puffin Pr, Cunfw Way & Gull Pr , are the word areas hit by the fine flying dust parficles *a+ sticks almost permcane✓Itly }o ones house or vehicle like magnets. My wtnck'Wiills arc full or these dust - 1urnecl mud . I invifr any of the assembly members to visit my puce fo affect fhts allega-hcin Most-of-the homeowners of Woodland Acres Subd. have pefittoned fhrvugh the assembly Kit our roads be pnveel • if sins like everytime The issue carves up r discussion , gets pushed on the side or plainly put in the dark closet. TFts Icsuc is long overdue I So whoever holds Je sd-r D$ fathic dark closet, please fttrn the liyh+ back on & 99e+ this issue over tvr+h a Tars project done as soon as possible . Thank. you. ( Hope-Pa/1y this sumer) Please return this form by fax to 486 -9391, Email to jnielsen @kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk prior to 5 p.m. on February 16, 2006. Comments favoring and opposing are encouraged. Please call the Borough Clerk's Office at 486 -9310 if you have any questions. • 2/16/2006 PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS Name: /// R) E 41 ' N K U FE Property Address: 35 Sea ► CI rC. re Meiling Address: doll, 3)/ Y k'° Comments: a w% To To- I tut; NA S l }°Rvio 7 «street 5 j t A) 7r Leo e N/ 4. , Xh'11- laA c9V C 77 €(r / T _r Yec, CtYt�✓' w �1 /ItveJ rp la Go'r or ILL Iter %,r ef /T5 TV" fx p'e17 5 , ve /-�-1•/ Ct. n 't 4- c' e i t) f'f4 y -F-c 2 5c;mer - Job s t r . Lt./342T atr Pyre ram this Ian by In 10 1g64391. Emat W InWaanel bzolmolak.ak.ua. mail or hand oases lo as Cato 0 ma Borough Clot Prior ID 5 pa. on Fabnrary IB 200x. Comments *nay ono opposing aro aKAUegsc. Ress0 oat to Baal Ckrra'S OMto PI 084 310 you Imvo any cautious. pCCf 1WE FEB 1 6 2006 BOROUGH CLERK'S OFFICE PROPOSED WOODLAND ACRES PAVING DISTR PUBLIC HEARING COMMENTS Name: M It Ak Property Address: c/55 Mailing Address: T ei kJ 'L/ Comments: ITECEHE JU FEB 1 0 2006 BOROUGH CLERK'S OFFICE I L - uot A il I ke - it . .) see 4;1 : cr. i p eei - 1 h et. it iim to 0) N116( E.. ceptvit fit ;Pf. y ,..., s4 i c..., e t , oy i /1 1: 47) (.. 1)i ki ; I.\ e. ai - 1 1 "4(11 : L : 51 s r ea. ck ce ed„, ay. t 0 , 67)1 e Ket PI-, 4 b , • T (;)61., 1,t( ; (lost 1.)7 \tfs",f foe? vh-r, jf 0.) r7 ( v ; „ ' 1 Do 0 n - I I , •± o - ci • . V f re v -1-Ato - ViA; 5 Ok CQvavn womtiet) - (.7 (sci 1 ,<(() r• :7 d 7 4i I vt v o e c-T C a IA, •I I 0 frt. e 4 r• , • 2 m k( C. aS4 1 e 1.k.g. 5 (441 • U (le 0, - IA. I \ ! 1 C ito Va. c Lt..1 cr. Please return this form by fax to 486-9391, Email to jnielsen@kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk prior to 5 p.m. on February 16, 2006. Comments favoring and opposing are encouraged. Please call the Borough Clerk's Office at 486-9310 If you have any questions. Comments: L.�t .d. .:.. /../ /— d- s .....: kit' l-az ;td PROPOSED WOODLAND ACRES PAVING DIS PUBLIC HEARING COMMENTS 1 yri, 1.:fi c .1 } /lrf BOROUGH CLERK'S OFFICE Name: Property Address: Mailing Address: �?9 > y 2 -g - . -2 -t' ti . -- y 1 if-. ,i:-, .Y .P 77 : Tom/ ...c f'L Cam. --d c / J / U • N / /[. 0' • / l i � -07:- .f —> ...4" '.,rte. - G 1 v� / ✓ ✓ ✓ / Please return this form by fax to 486-9391, Email to jnielsen @kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk prior to 5 p.m. on February 16, 2006. Comments favoring and opposing are encouraged. Please call the Borough Clerk's Office at 486 -9310 if you have any questions. Name: � cHNNY \4F n- F ?AMER__ MKE Property Address: sN Curt.. �, W ) Ay Mailing Address: Bcsx 22 1< c 1 /kV-. 99(o 45 Comments: WI~ • •< . S GE ACRES PAN) iNU Olstut tax & Pot-t-r"-`0tN6 t�i-renuAN kA m-+ 1Nts Pe rntt . vJ r 1-1 wi vvA itFX> C,Iu i v 4, pfxnl - n_v Frig- z_ Pe s T BE - r 1\kAr . Rat& Panl icu s PE r t (34S } z:' AVA 1 t p PJ tans N nu PCF11 At2 TEI 1 L St , C)(2JUE*S LI\VE_ c» 'THE •knam') en 610r, op 114r Mir ' > CRY - ft' i F?Ut51 O - THC •L. kyr R.tsIL u' ±I> Tl t m, nue UF.N ICLES IS L ►_ t.q ` .1 I. ■ O I S`�ldE, f�iJ Ept 1 1 UE t t t✓ 11311 .L S 1t>1lxm tom, Please return this form by fax to 486 -9391. Email to jnielsen a kib.co.kodlak.ak.us, mall or hand deliver to the Office of the Borough Clerk prior to 5 p.m. on February 16, 2006. Comments favoring and opposing are encouraged. Please call the Borough Clerk's Office at 486- 931011 you have any questions. L/L 900Z r-ZO 'a'd g : P90 PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS s.•� -et ..� L_• : • F. 1 1RF;F. yn1A 'TT) Fn t m.t) ' rrnl TNA • Name: Property Address: ys 3 Mailing Address: 5G Comments: 40 S / EOWE PROPOSED WOODLAND ACRES PAVING DISTF C _ FEB 1 0 2006 Gel C— PUBLIC HEARING COMMENTS aQ Par LA, e SXG 6t-7. w f -c ?6� 4-Peck , l-\ `76/ 0 v i s ( Gkti Cy rs 5 o c BOROUGH CLERK'S OFFICE (- /JG/ lot 0 G, / h) f�r[C/tast 0S2 ,- er .A. "e 1-7- -, {T< c / 1 / (Li L v l CM7 G f e 4-4 L � c _ Hi i , ` Pry -e z di4 -c-- -- p //lie / l i r 6lreic f' ft, d vt --c 7Cf�� roof _5 am-, co, (e gg/rec< 44 71C_ � /0A-XS — I/ Pleats return this form by fax to 486 -9391, Email to jnielsen@kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk prior to 5 p.m. on February 16, 2006. Comments favoring and opposing are encouraged. Please call the Borough Clerk's Office at 486 -9310 if you have any questions. CI U C 1 2- 7 -06; 9:43 ;CGES KOD I AK, AK PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS :9074675543 # 1/ Name: Ueanior7in !,i. �X` h')1y jQ Property Address: y/a 117 C 7C/Ix71 r /ikig Mailing Address: Comments: C. omi frworl i7rj z t The (rh on of 4 IJ f I IS it SO f II w d ' IL..w#i / . ea • s 4lpti?orl o, " harratiorn of Cr f-5 nn o per—lot- bas/. If you have ay gbethc vas r plo se coand t (7/ 46 -no ? or 63q -l07Z .01a riSHIP JR .1 Iu Enlnyarl Please return this form by fax to 486-9391, Email to fnielsen @kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk prior to 5 p.m. on February 16, 2006. Comments favoring and opposing are encouraged. Please call the Borough Clerk's Office at 486-9310 if you have any questions. p IECEoVE FEB - 7 2016 BOROUGH CLERK'S OFFICE 02/06/2006 13:54 FAX 0074863260 dAUtb AttNtbUi vvo PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS Name: // infuLoVI e-r. �~ Property Address: �� 5 `�(C6 r J' /e'vA"i`2 r� Mailing Address: ROit 2LEq - q f 0`4; k At 94;64 -- Comments: rf e4.44.it _ S P. Oo d / 4 -rrt.3 rna S-1. petit Please return this form by fax to 498.9391, Email to jnielsen@kib.co.kodiak.alcus, mail or hand deliver to the Office of the Borough Clerk prior to 5 on February 16, 2006. Comments favoring and opposing are encouraged. Please call the Borough Clerk's Office at 486 -9310 i you have any questions. -- Q)E C Ell FEB - 6 2006 BOROUGH CLERK'S OFFICE FROM PHONE N0. : Feb. 12 2006 05:16AM P1 PROPOSED WOODLAND ACRES PAVING DISTR PUBLIC HEARING COMMENTS BOROUGH CLERK'S OFFICE Name: Gary & Thalia Suydam Property Address: 349 Curlew Way, Kodiak, AK 99615 Mailing Address: P. 0. Box 2807, Kodiak, AK 99615 Comments: We are, and have always been, in favor of paving the roads in the Woodland Acres district. We were under the assumption that Woodland Acres would have and should have been paved by now, according to conversations we have had with certain borough members. It is now February and time is of the essence. We need to move on this now to take advantage of this summer's weather, so we can finally get the job done. We feel all the homeowners in Woodland Acres will benefit from the paved streets equally; therefore the allocation of cost should be on a per lot basis. ECEDWEr FEB 1 3 2006 There has been talk of paving these roads for the last 10 years, and we are very baffled as to why this has taken so long. with rising costs every year, the sooner this project is done, the better. Respectfully, Gary & Thalia Suydam Please return this form by fax to 486.9391, Email to Jnielsen@kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk prior to 5 p.m. on February 16, 2006. Comments favoring and opposing are encouraged. Please call the Borough Clerk's Office at 488.9310 It you have any questions. Name: Property Address: 9 Mailing Address: Po Box Comments: m. on February 16, 2006. Comments favoring and opposing Pil wire return f by fax to pr o6 939 , Email to Jnielsen ® kib.co.kodlak.ak.US, mall or hand deliver to are encouraged- Please call the Borough Clerk's Office at 496-9310 if you have any questions. Td WH80:0T 900E £T 'Sad PROPOSEPULOICOHEARING DISTRI LAND ACRES PAVING COMME TS 6 UNA./ °Le -SM/ LA A0 3 , 2/ —/2---/M4±4 QL & CCU Kr c3 k- /}o 9£B2 -98P - 2.06: '0N Xd. Lt 11 WI Lt FEB 1 3 2006 BOROUGH CLERK'S OFFICE Sel218HN0 SAEUNNf10 : WO88 Name: Property Address: Mailing Address: Comments: 1( — %e elwe 76 ser'S p Cc 11 FEB - 8 2006 - BOROUGH CLERK'S OFFICE PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS /2 r, `fin ?�! /tt " 'S /S Please return this form by fax to 486 -9391, Email to jnielsen @kib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk prior to 5 p.m. on February 16, 2006. Comments favoring and opposing are encouraged. Please call the Borough Clerk's Office at 486 -9310 if you have any questions. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -31 Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: Borough Clerk Introduced: 03/02/2008 Adopted: Section 1: The Board of Equalization hearing of appeals from the 2006 assessed valuations of real and personal property within the Kodiak Island Borough, Alaska will begin Tuesday, May 16, 2006 at 7:30 p.m. in the assembly chambers of the Kodiak Island Borough, 710 Mill Bay Road, Kodiak, Alaska and will continue from day to day as established by the Board of Equalization and the borough clerk until all properly filed appeals have been heard. WHEREAS, part of the public notification process is the setting of dates, by resolution, of Board of Equalization hearings for appeals; and WHEREAS, the date taxes become delinquent shall be fixed by resolution; and WHEREAS, the actions are required by Alaska Statutes 29.45.240; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 2: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ESTABLISHING CITIZENS BOARD OF EQUALIZATION DATES FOR THE YEAR 2006 The date taxes are due is October 16, 2006, unless the taxpayer elects to pay the taxes in two equal installments, then the first half is due on August 15, 2006 and the second half is due on November 15, 2006. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 ATTEST: Jerome M. Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Resolution No. FY2006 -31 Page 1 of 1 Meeting of: March 2, 2006 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.B.1 Resolution No. FY2006 -31 Resolution No. FY2006 -31 Establishing Citizens Board of Equalization Dates for the Year 2006. The Board of Equalization hearing of appeals from the 2005 assessed valuations of real and personal property within the Kodiak Island Borough, Alaska will begin Tuesday, May 16, 2006 at 7:30 p.m. and will continue from day to day as established by the Board of Equalization and the borough clerk until all properly filed appeals have been heard. FISCAL NOTES: ACCOUNT NO.: NA Expenditure Required: Amount Recommended motion: Move to adopt Resolution No. FY2006 -31. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -31 Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: Borough Clerk Introduced: 03/02/2006 Adopted: A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ESTABLISHING CITIZENS BOARD OF EQUALIZATION DATES FOR THE YEAR 2006 WHEREAS, part of the public notification process is the setting of dates, by resolution, of Board of Equalization hearings for appeals; and WHEREAS, the date taxes become delinquent shall be fixed by resolution; and WHEREAS, the actions are required by Alaska Statutes 29.45.240; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: The Board of Equalization hearing of appeals from the 2005 assessed valuations of real and personal property within the Kodiak Island Borough, Alaska will begin Tuesday, May 16, 2006 at 7:30 p.m. in the assembly chambers of the Kodiak Island Borough, 710 Mill Bay Road, Kodiak, Alaska and will continue from day to day as established by the Board of Equalization and the borough clerk until all properly filed appeals have been heard. Section 2: The date taxes are due is October 16, 2006, unless the taxpayer elects to pay the taxes in two equal installments, then the first half is due on August 15, 2006 and the second half is due on November 15, 2006. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 ATTEST: Jerome M. Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Resolution No. FY2006 -31 Page 1 of 1 KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2006 -08 Introduced by: Manager Gifford Requested by: Community Development Drafted by: Community Development Introduced: 03/02/2006 Public Hearing: Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 17 ZONING CHAPTER 17.51 ACCESSORY BUILDINGS SECTION 7.51.040 HEIGHT LIMIT WHEREAS, the Planning and Zoning Commission spent two months reviewing the Code and gathering information on the status of state law and current conditions of amateur radio antenna within the Borough; and WHEREAS, the Commission has recommended certain amendments to KIBC Title 17 regarding the standards for development of amateur radio antenna and to address many of the issues raised regarding the health, safety, and welfare of the general public; and WHEREAS, the Kodiak Island Borough Assembly has the authority to adopt and amend the Code of Ordinances as provided in Alaska Statutes Title 29 and other applicable Borough Codes; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Personnel Rules and Regulations. Section 2: Kodiak Island Borough Code of Ordinances Title 17 Zoning Chapter 17.51 Accessory Buildings Section 7.51.040 Height Limit is hereby amended as follows: 17.51.040 Height limit. The maximum height of an accessory building is twenty -five (25) feet. An exception to this section is anv structure that meets the definition of an amateur radio antenna as outlined in Alaska Statutes 29.35.141. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 ATTEST: Jerome M. Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. FY2006 -08 Page 'I of 1 Meeting of: March 2, 2006 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.C.1 Ordinance No. FY2006 -08 Amending Kodiak Island Borough Code of Ordinances Title 1 Zoning Chapter 17.51 Accessory Buildings Section 7.51.040 Height Limit. The Planning and Zoning Commission has conducted public hearings regarding the proposed changes to Chapter 17.51. As a result, the Commission recommends that the Assembly adopt the changes included in the ordinance to better match existing state law. FISCAL NOTES: ACCOUNT NO.: NA Expenditure Required: Amount APPROVAL FOR AGENDA: d o r t k c r ' Recommended motion: Move to adopt Ordinance No. FY2006 -08 in first reading to advance to public hearing on March 16, 2006. KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2006-08 Introduced by: Manager Gifford Requested by: Community Development Drafted by: Community Development Introduced: 03/02/2006 Public Hearing: Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 17 ZONING CHAPTER 17.51 ACCESSORY BUILDINGS SECTION 7.51.040 HEIGHT LIMIT WHEREAS, the Planning and Zoning Commission spent two months reviewing the Code and gathering information on the status of state law and current conditions of amateur radio antenna within the Borough; and WHEREAS, the Commission has recommended certain amendments to KIBC Title 17 regarding the standards for development of amateur radio antenna and to address many of the issues raised regarding the health, safety, and welfare of the general public; and WHEREAS, the Kodiak Island Borough Assembly has the authority to adopt and amend the Code of Ordinances as provided in Alaska Statutes Title 29 and other applicable Borough Codes; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Personnel Rules and Regulations. Section 2: Kodiak Island Borough Code of Ordinances Title 17 Zoning Chapter 17.51 Accessory Buildings Section 7.51.040 Height Limit is hereby amended as follows: 17.51.040 Height limit. The maximum height of an accessory building is twenty -five (25) feet. An exception to this section is pr structure that meets the definition of an amateur radio antenna as outlined in Alaska Statutes 29.35 14 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Judith A. Nielsen, CMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2006 -08 Page lof 1 Commissioners Present Absent Excused Others Present Jerrol Friend — Chair X Mary Ogle, Director David King X Community Development Dept. Gary Juenger X Sheila Smith, Secretary Gary Carver X Community Development Dept. Dennis McMurry X Brent Watkins X Casey Janz X KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING JANUARY 18, 2006 MINUTES I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on January 18, 2006 in the Borough Assembly Chambers. II. ROLL CALL A quorum was established. III. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED TO AMEND the agenda to include the election of officers. The motion was SECONDED by COMMISSIONER KING, and CARRIED 7 -0 by unanimous voice vote. IV. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED TO APPROVE the minutes of December 21, 2005. The motion was SECONDED by COMMISSIONER KING, and it CARRIED 7- 0. ELECTIONS COMMISSIONER CARVER MOVED TO NOMINATE Jerrol Friend as Chair. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 7 -0. COMMISSIONER CARVER MOVED TO NOMINATE Dave King as Vice Chair. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 7 -0. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no comments and appearance requests. VI. PUBLIC HEARINGS A. Case 06 -007. Request a Planning & Zoning Commission review and recommendation, in accordance with KIB Code Section 18.10.030 (Review), of P & Z Meeting Minutes January 18, 2006 Page 1 of 4 various tax foreclosed properties from 2005. The location is T31S R29W TL3601 Amook Island and zoned C- Conservation. Staff reported with the deeding of private properties to the Borough due to non- payment of property taxes the Commission should focus on whether there are public purposes, including school and /or maintenance facilities, utilities, access right -of -way, parks or open space, or beach access /anchorage that should deem this property to be of a public need. Staff recommends that the Commission recommend to the Assembly that this parcel is not declared to be of a "public need" by ordinance and that it be offered at a future KIB land sale. A brief discussion of the property. COMMISSIONER JANZ MOVED TO RECOMMEND to the Kodiak Island Borough Assembly that the following tax foreclosed parcel is declared not to be of "public need" and be offered at a future KIB land sale: T31S R29W TL3601 Amook Island — Uyak Bay. COMMISSIONER CARVER SECONDED the motion. Regular session closed: Public hearing open: Public hearing closed: Regular session open: The question was called, and it CARRIED 7 -0. B) Case 06 -008. Request a Planning & Zoning Commission review and recommendation, in accordance with KIB Code Section 18.10.030 (Review), of various tax foreclosed properties from 2005. The location is Karluk Block 6 Lot 3 and zoned R1-Rural Residential. Staff reported with the deeding of private properties to the Borough due to non- payment of property taxes the Commission should focus on whether there are public purposes, including school and/or maintenance facilities, utilities, access right -of -way, parks or open space, or beach access /anchorage that should deem this property to be of a public need. Staff recommends that the Commission recommend to the Assembly that this parcel is not declared to be of a "public need" by ordinance and that it be offered at a future KIB land sale. A brief discussion of the property. COMMISSIONER WATKINS MOVED TO RECOMMEND to the Kodiak Island Borough Assembly that the following tax foreclosed parcel is declared not to be of "public need" and be offered at a future KIB land sale: Karluk Block 6 Lot 3, and it was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing opened: Public hearing closed: Regualr session opened: The question was called on the main motion, and CARRIED 7 -0. P & Z Meeting Minutes January 18, 2006 Page 2 of 4 C) 06 -009. Adoption of the coastal Management Plan Update. COMMISSIONER KING MOVED TO FORWARD to the Assembly with a recommendation to approve the Coastal Management Plan as presented including two changes 4 5 3 Important Habitat Area, the first bullet — change the buffer distance from 1000 feet to 100 and D -5 -b under wind generation should be D 4 -c under water removal. It was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: The question was called, and it CARRIED 6 -1. VII. OLD BUSINESS A) Draft Amendment of Transient Accommodations After a discussion, it was the general consensus of the committee that more time was needed to work out language. COMMISSIONER CARVER MOVED TO POSTPONE discussion to the next meeting to review public comment requirements with the borough attorney. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 7 -0. B) Draft Amendment of P &Z By -Laws. Discussion regarding public testimony. The Commission questioned Reed Oswalt on the Assembly work session procedures regarding public testimony. Reed Oswalt stated the Assembly work sessions do allow public testimony because the meetings are taped. COMMISSIONER WATKINS MOVED TO POSTPONE until language is returned from the borough attorney. The motion was SECONDED by COMMISSIONER CARVER, and it CARRIED 7 -0. VIII NEW BUSINESS A) Draft Amendment of Ham Radio Height Restrictions. Discussion on the State codes. COMMISSIONER JANZ MOVED TO RECOMMEND this code change be made to reflect State statutes. It was SECONDED by COMMISSIONER WATKINS, and it CARRIED 7 -0. IX. COMMUNICATIONS X. REPORTS Meeting Schedule: • February 8, 2006 work session at 7:30 p.m. in the KIB conference room. • February 15, 2006 regular meeting at 7:30 p.m. in the Assembly Chambers. P & Z Meeting Minutes January 18, 2006 Page 3 of 4 XI. AUDIENCE COMMENTS Reed Oswalt stated there is $250,000 in grants for videoconferencing. XII. COMMISSIONERS' COMMENTS COMMISSIONER FRIEND welcomed Gary Juenger to the Commission. COMMISSIONER JUENGER said he was being given a lot of help and Ogle had given him about five books to read. COMMISSIONER McMURRY said he hopes Gary Juenger is getting more training than they did. COMMISSIONER JANZ said Peterson School used the audio video conferencing today and it worked great. XIII ADJOURNMENT ATTEST CHAIR FRIEND ADJOURNED the regular meeting at 8:25 p.m. By: Sheila Smith, Secretary Community Development Department DATE APPROVED: February 15, 2006 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Jerrol Friend, Chair P & Z Meeting Minutes January 18, 2006 Page 4 of 4 Memorandum DATE: January 11, 2006 TO: KIB Planning and Zoning Commission FROM: Mary Ogle, Director Community Development Department SUBJECT: Draft Amendment of ham radio height restrictions Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us In May of 2005, there was a application for a variance (05 -007) from height restrictions of an accessory structure (ham radio tower) that was heard before the Planning and Zoning Commission. At that time, the applicant made Community Development staff aware of a section of Alaska statute that pertain directly to the authority of local zoning regulations as they relate to height limitations for ham radios in residential areas. During the regularly scheduled meeting on September 21, 2005, the Commission requested that staff review the existing height restrictions for ham radios both within the Borough code as well as Alaska statutes. The intent of the review was to determine if there was an inconsistency between the limitation of an accessory structure within the Borough code and Alaska statute language adopted specifically for height restriction relating to ham radios. After initial discussion with the Planning and Zoning Commission, the direction to staff was to adopt by reference the Alaska statute language for the height requirements of ham radios within residential areas. Please feel free to contact staff if there are any further questions. Sections: 17.51.010 Intent. 17.51.020 Definition. 17.51.030 Permitted districts. 17.51.040 Height limit. 17.51.050 Area. 17.51.060 Setbacks. Chapter 17.51 ACCESSORY BUILDINGS 17.51.040 Height limit. The maximum height of an accessory building is twenty -five (25) feet. (Ord. 90 -31 .2(part), 1990; Ord. 82- 14 -O(A) .2(part), 1982). An exception to this section is any structure that meets the definition of an amateur radio antenna in AS 29.35.14 AS 29.35.141. Regulation of Radio Antennas. (a) A municipality that regulates the placement, screening, or height of radio antennas must reasonably accommodate amateur radio antennas. A municipality may require reasonable and customary engineering practices to be followed in the erection of amateur radio antennas. A municipality may impose only the minimum requirements relating to amateur radio antennas that are necessary to accomplish the legitimate purposes intended to be served by the requirements. (b) A municipality may not restrict the number of support structures for an amateur radio antenna. Based on the most recently published United States census, a municipal restriction on amateur radio antenna height may not be lower than (1) 200 feet above ground level as permitted by the Federal Communications Commission in an area with a population density of 120 or less per square mile; (2) 75 feet above ground level in an area with a population density of more than 120 per square mile for an antenna on a lot that is smaller than one acre; or (3) 140 feet above ground level in an area with a population density of more than 120 per square mile for an antenna on a lot that is one acre or larger. (c) Subject to (a) and (b) of this section, a municipality may, by ordinance, impose requirements to meet clearly defined objectives relating to screening, placement, aesthetic, and health and safety factors with respect to the erection, maintenance, and operation of amateur radio antennas. (d) An ordinance regulating or restricting radio antennas adopted under this section may not apply to a radio antenna that was erected before July 26, 2001. (e) This section applies to home rule and general law municipalities. Meeting of: March 2, 2006 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.C.2 Ordinance No. FY2006 -09 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.32 Motor Vehicle Registration and Tax Section 3.32.010 Established, and Section 3.32.020 Allocation and Adding Section 3.32.030 Fee Imposed to Increase the Motor Vehicle Registration Tax. State of Alaska, Department of Motor Vehicles requires any increase in the MVRT be approved by ordinance prior to April 1, 2006 for change beginning January 1, 2007. By adopting this ordinance the revenue collected will increase by approximately 50% or $100,000 in a fiscal year. FISCAL NOTES: ACCOUNT NO.: NA Expenditure Required: Amount Recommended motion: Move to adopt Ordinance No. FY2006 -09 in first reading to advance to public hearing on March 16, 2006. To: Borough Mayor and all Assembly Members Through: Rick Gifford, Borough Manager al From: Finance Department February 17, 2006 Kodiak Island Borough Finance Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9323 Fax (907) 486 -9392 February 17, 2006 Re: MVRT (motor vehicle registration tax) increase info ➢ Please see the attached worksheets for our current tax collection from DMV on vehicles registered in Kodiak. ➢ We received $203,603 for MVRT in FY2005. This calculates to approximately $32 annually in tax from each vehicle. The DMV deducts from this payment an 8% collection fee. This is approximately $2 to $3 per vehicle which allows us to net $29 per vehicle. ➢ If we change to the fee schedule used by Mat -Su we would receive approximately $609,583 annually. ➢ If Kenai is used it would be $320,833 annually. If the Borough wishes to increase the MVRT starting on January 1, 2007, the Assembly must approve the increase by resolution and the Borough must notify DMV of the increase prior to April 1, 2006. KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2006 -09 Introduced by Manager Gifford Requested by Manager Gifford Drafted by Finance Department Introduced: 03/02/2006 Public Hearing: Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 3 REVENUE AND FINANCE CHAPTER 3.32 MOTOR VEHICLE REGISTRATION AND TAX SECTION 3.32.010 ESTABLISHED AND SECTION 3.32.020 ALLOCATION AND BY ADDING SECTION 3.32.030 FEE IMPOSED TO INCREASE THE MOTOR VEHICLE REGISTRATION TAX WHEREAS, in Ordinance 79 -42 -0, and recorded in the borough code section 3.32.010 coverage was elected under the biannual motor vehicle registration tax in lieu of ad valorem property tax as established in AS 28.10.431; and WHEREAS, the administration filed a written notice on December 7, 2005 informing the department of motor vehicles of the borough's intent to change the tax charged for vehicles registered on or after January 1, 2007; and WHEREAS, administration must forward a copy of this ordinance to the appropriate agency on or before April 1, 2006; and WHEREAS, the borough may change the tax under this section no more than once every two years per AS 28.10.431 0); and WHEREAS, the use of the biannual motor vehicle registration tax is allocated to the area wide school system per borough code section 3.32.020; and WHEREAS, if the borough adopts the same fee schedule now used by another Alaska government already in the state system their one -time fee will not be charged for the change, and WHEREAS, the revenue collected will increase by approximately 50% or $100,000 in a fiscal year; and WHEREAS, Kenai Peninsula Borough has the lowest rate of all municipality /borough which have elected to set their own tax rates; and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 3 Revenue and Finance Chapter 3.32 Motor Vehicle Registration and Tax Section 3.32.010 Established, and Section 3.32.020 Allocation are hereby amended and Section 3.32.030 Fee Imposed is hereby added as follows: Kodiak Island Borough Ordinance No. FY2006 -09 Page 1 of 2 Sections: 3.32.010 3.32.020 3.32.030 Established. Allocation. Fee imposed. Proposed rate for 2007 A Psgr, MH, PK B Motorcycle & Non -Comm Tdr C Taxi & Commercial 0 - 5000 Ibs D Tour Buss & Comm 5,001 - 12,000 Ibs E Commercial 12,001 - 18,000 Ibs F Commercial 18,001 & over G Dealer Judith A. Nielsen, CMC, Borough Clerk Kodiak Island Borough Chapter 3.32 MOTOR VEHICLE REGISTRATION TAX 3.32.010 Established. The borough hereby elects coverage under the bi- annual motor vehicle registration tax established in AS 28.10.431 et seq. 3.32.020 Allocation. The use of the rnl - motor vehicle registration tax is allocated to the area wide school system. 3.32.030 Fee imposed. The rate imposed is reflected on the following table: 1 2007 $140 20 150 200 450 550 100 2 2006 $140 20 150 200 450 550 100 3 2005 $120 18 130 180 410 500 100 4 2004 $100 16 110 160 370 450 100 Year's old 5 6 2003 2002 $ 80 $ 60 14 12 90 70 140 120 330 290 400 350 100 100 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor 7 8 9 2001 2000 1999< $ 50 $ 40 $ 30 10 10 10 60 50 40 100 75 50 250 230 210 300 250 220 100 100 100 Ordinance No. FY2006 -09 Page 2 of 2 ,0,r /o: o 8; \]i §,. ;, a ,# ; ! » GJ % G{ a 0 0 ( � k° o co co a 03 ro Cs) 10 0 03 03 N o co a 113. °\ 0 0 CO cn CO $ m! o a. co co CO 0,:000» -33 l . ,. 1 -' ao so" \ }0( k } 0 � \ 2 0 2 E ) 0/ ig 0 0}\ k 13 ( o 0- co 2 - , 2 f itT m\t § }§{ or 00 o co 03 CO Co CO IV a Cn OD cn co e CO m§y@aa(A ( \ 0 k ;&#(0 ; 2 ml0 0( ° m) / nA&) CO (\ \ / 7 /!2 _ _ ci f)\ CD \ :_ k }( u u\ : 0 co � / \ z x 5. 0 } B! ®E9 3 ) X 25 \� 7 ° \ E ! ! § / IV CT 5 0 Eli co CO CD 0,_: 0 _ 0 33 = — °E ® 3 co c ° a) m m O n W n O m m o m D w m m o m a m mom a s ? gmn coo-i -Igo oc)c»�v oc)c -I�v o c)c) - (0 _0 m33c . off m33 o `° w 5 3 ' 33 g, a II ta 3 u <, m m c � � m m c�� 3 g m m c�� E (0 (0 C O d CJ n N o= n n N O S n N O S n n N 0 F17 N O d a)' N 3 (D , a a 0 2 -o d a 9 `° , y a _ pc a m 2 W 3 2 m - n 3 R n Q O _T . � Q'T n R ° � 1 OD N (C Z CO N Z W N Z W N Z' z 0 `° ', 0 3 m'? m 00 x w o03 ? x $ ° 0 3 ?+ o w, 3 0 2 3 n 3 n ' g -1 3 n - z go ' N ' 0 0 Co. g o ' in O W N Pa ' N 0 W o Qo ' N 0 Po b' << CO O O O '3 << P03 o c < <9 0 < < - 03 0 g xi 0 ` N 0 0 8 y O -i ^ 0 0 3 0 j -1 3 W 00 0 .a -� 3 Q N Q Q N 1 A 5 N A Q N l A N O N co O (n N O 01 co O U) m O O O O O O 0 O O O O 0 O 0 0 ' V O 5 0 Q 0 9 N en O X 3 II 3 a II x o N ( o 0) N a (n W co A N N A O C 0 0 0 0 0 0 0 O N 0 0 0 N 3 3 (0 a. 0 0 0 0 0 0 0 O r 0 0 0 0 0 Co 0 A W _ _ 0 0 0 0 0 0) 0 0 0 0 a 0 A CO O a. N ( N J a O) 0 0 0 0 0 N O N 0) CO N N A 010000 N 01 ( NA N N CO 0 0) 0 0 0 01 0 0 CO 0 0 01 N N CO N N J 0 A 0 0 0 N N AN O 0) N 0 003 00100) N N a A CO 0 0 0 001 0 0 0 0 J 0 0 0 CO a N ND A CO a 0 0 0 0 0 0 CO 0 0 0 0 0 0 0 J O 0 NCO a N a 0) N N 0 01 a O N (l A O (0 0) 0 CO (0 A 0 0 O N CO 0 0 A O 0 A 0 CO Co W (0 0 a Co 0 CO (0 a 01 A N N 0 0)OAON O •� N 0 0) CH N 01 0 O (n CO A) N N O Ni 0) 0 0 N 0) N O N A N N) O NAA NOO N )( 0 nW _ 0 0 J 0 01 -• 0 0 N CO A N 0) N) A A 0 Aw m N A N 0)) A _ N 0 01 CO 0 -5 Ot 0 N N N N 0 0 N O N 0 O) N N N O N N 0) O A O) O CO O a CO O 0 0) f1 0 0) 0 N 0 0 0 A CO A (0 Meeting of: March 2, 2006 Kodiak Island Borough AGENDA STATEMENT ITEM NO. 13.C.2 Ordinance No. FY2006 -09 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.32 Motor Vehicle Registration and Tax Section 3.32.010 Established, and Section 3.32.020 Allocation and Adding Section 3.32.030 Fee Imposed to Increase the Motor Vehicle Registration Tax. State of Alaska, Department of Motor Vehicles requires any increase in the MVRT be approved by ordinance prior to April 1, 2006 for change beginning January 1, 2007. By adopting this ordinance the revenue collected will increase by approximately 50% or $ 100,000 in a fiscal year. FISCAL NOTES: ACCOUNT NO.: NA Expenditure Required: Amount APPROVAL FOR AGENDA: Recommended motion: Move to adopt Ordinance No. FY2006 -09 in first reading to advance to public hearing on March 16, 2006. To: Borough Mayor and all Assembly Members Through: Rick Gifford, Borough Manager aci From: Finance Department February 17, 2006 Re: MVRT (motor vehicle registration tax) increase info Kodiak Island Borough Finance Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9323 Fax (907) 486 -9392 February 17, 2006 ➢ Please see the attached worksheets for our current tax collection from DMV on vehicles registered in Kodiak. ➢ We received $203,603 for MVRT in FY2005. This calculates to approximately $32 annually in tax from each vehicle. The DMV deducts from this payment an 8% collection fee. This is approximately $2 to $3 per vehicle which allows us to net $29 per vehicle. ➢ If we change to the fee schedule used by Mat -Su we would receive approximately $609,583 annually. ➢ If Kenai is used it would be $320,833 annually. If the Borough wishes to increase the MVRT starting on January 1, 2007, the Assembly must approve the increase by resolution and the Borough must notify DMV of the increase prior to April 1, 2006. KODIAK ISLAND BOROUGH ORDINANCE NO. FY 2006 -09 Introduced by Manager Gifford Requested by Manager Gifford Drafted by Finance Department Introduced: 03/02/2006 Public Hearing: Adopted: AN ORDINANCE OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 3 REVENUE AND FINANCE CHAPTER 3.32 MOTOR VEHICLE REGISTRATION AND TAX SECTION 3.32.010 ESTABLISHED AND SECTION 3.32.020 ALLOCATION AND BY ADDING SECTION 3.32.030 FEE IMPOSED TO INCREASE THE MOTOR VEHICLE REGISTRATION TAX WHEREAS, in Ordinance 79 -42 -0, and recorded in the borough code section 3.32.010 coverage was elected under the biannual motor vehicle registration tax in lieu of ad valorem property tax as established in AS 28.10.431; and WHEREAS, the administration filed a written notice on December 7, 2005 informing the department of motor vehicles of the borough's intent to change the tax charged for vehicles registered on or after January 1, 2007; and WHEREAS, administration must forward a copy of this ordinance to the appropriate agency on or before April 1, 2006; and WHEREAS, the borough may change the tax under this section no more than once every two years per AS 28.10.431 (j); and WHEREAS, the use of the biannual motor vehicle registration tax is allocated to the area wide school system per borough code section 3.32.020; and WHEREAS, if the borough adopts the same fee schedule now used by another Alaska government already in the state system their one -time fee will not be charged for the change, and WHEREAS, the revenue collected will increase by approximately 50% or $100,000 in a fiscal year; and WHEREAS, Kenai Peninsula Borough has the lowest rate of all municipality /borough which have elected to set their own tax rates; and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 3 Revenue and Finance Chapter 3.32 Motor Vehicle Registration and Tax Section 3.32.010 Established, and Section 3.32.020 Allocation are hereby amended and Section 3.32.030 Fee Imposed is hereby added as follows: Kodiak Island Borough Ordinance No. FY2006 -09 Page 1 of 2 Sections: 3.32.010 Established. 3.32.020 Allocation. 3.32.030 Fee imposed. Proposed rate for 2007 A Psgr, MH, PK B Motorcycle & Non -Comm TrIr C Taxi & Commercial 0 - 5000 Ibs D Tour Buss & Comm 5,001 - 12,000 Ibs E Commercial 12,001 - 18,000 Ibs F Commercial 18,001 & over G Dealer Judith A. Nielsen, CMC, Borough Clerk Chapter 3.32 MOTOR VEHICLE REGISTRATION TAX 3.32.010 Established. The borough hereby elects coverage under the bi- annual motor vehicle registration tax established in AS 28.10.431 et seq. 3.32.020 Allocation. The use of the annual -motor vehicle registration tax is allocated to the area wide school system. 3.32.030 Fee imposed. The rate imposed is reflected on the following table: 1 2007 $140 20 150 200 450 550 100 2 2006 $140 20 150 200 450 550 100 3 2005 $120 18 130 180 410 500 100 4 2004 $100 16 110 160 370 450 100 Year's old 5 6 2003 2002 $ 80 $ 60 14 12 90 70 140 120 330 290 400 350 100 100 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 KODIAK ISLAND BOROUGH ATTEST: Jerome M. 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Gary Juenger X Sheila Smith, Secretary Gary Carver . X Community Development Dept. Dennis McMurry X Brent Watkins X Casey Janz X KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSI REGULAR MEETING JANUARY 18, 2006 MINUTES I. CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by CHAIR FRIEND on January 18, 2006 in the Borough Assembly Chambers. II. ROLL CALL A quorum was established. 111. APPROVAL OF AGENDA COMMISSIONER WATKINS MOVED TO AMEND the agenda to include the election of officers. The motion was SECONDED by COMMISSIONER KING, and CARRIED 7 -0 by unanimous voice vote. IV. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED TO APPROVE the minutes of December 21, 2005. The motion was SECONDED by COMMISSIONER KING, and it CARRIED 7- 0. ELECTIONS COMMISSIONER CARVER MOVED TO NOMINATE Jerrol Friend as Chair. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 7 -0. COMMISSIONER CARVER MOVED TO NOMINATE Dave King as Vice Chair. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 7 -0. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no comments and appearance requests. VI. PUBLIC HEARINGS A. Case 06 -007. Request a Planning & Zoning Commission review and recommendation, in accordance with KIB Code Section 18.10.030 (Review), of P & Z Meeting Minutes January 18, 2006 Page 1 of 4 Regular session closed: Public hearing open: Public hearing closed: Regular session open: The question was called, and it CARRIED 7 -0. B) Case 06 -008. Request a Planning & Zoning Commission review and recommendation, in accordance with KIB Code Section 18.10.030 (Review), of various tax foreclosed properties from 2005. The location is Karluk Block 6 Lot 3 and zoned R1-Rural Residential. Staff reported with the deeding of private properties to the Borough due to non- payment of property taxes the Commission should focus on whether there are public purposes, including school and/or maintenance facilities, utilities, access right -of -way, parks or open space, or beach access /anchorage that should deem this property to be of a public need. Staff recommends that the Commission recommend to the Assembly that this parcel is not declared to be of a "public need" by ordinance and that it be offered at a future KIB land sale. A brief discussion of the property. COMMISSIONER WATKINS MOVED TO RECOMMEND to the Kodiak Island Borough Assembly that the following tax foreclosed parcel is declared not to be of "public need" and be offered at a future KIB land sale: Karluk Block 6 Lot 3, and it was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing opened: Public hearing closed: Regualr session opened: The question was called on the main motion, and CARRIED 7 -0. P & Z Meeting Minutes various tax foreclosed properties from 2005. The location is T31S R29W TL3601 Amook Island and zoned C- Conservation. Staff reported with the deeding of private properties to the Borough due to non- payment of property taxes the Commission should focus on whether there are public purposes, including school and/or maintenance facilities, utilities, access right -of -way, parks or open space, or beach access /anchorage that should deem this property to be of a public need. Staff recommends that the Commission recommend to the Assembly that this parcel is not declared to be of a "public need" by ordinance and that it be offered at a future KIB land sale. A brief discussion of the property. COMMISSIONER JANZ MOVED TO RECOMMEND to the Kodiak Island Borough Assembly that the following tax foreclosed parcel is declared not to be of "public need" and be offered at a future KIB land sale: T31S R29W TL3601 Amook Island — Uyak Bay. COMMISSIONER CARVER SECONDED the motion. January 18, 2006 Page 2 of 4 C) 06 -009. Adoption of the coastal Management Plan Update. COMMISSIONER KING MOVED TO FORWARD to the Assembly with a recommendation to approve the Coastal Management Plan as presented including two changes 4 5 3 Important Habitat Area, the first bullet — change the buffer distance from 1000 feet to 100 and D -5 -b under wind generation should be D -4 -c under water removal. It was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: The question was called, and it CARRIED 6 -1. VII. OLD BUSINESS A) Draft Amendment of Transient Accommodations After a discussion, it was the general consensus of the committee that more time was needed to work out language. COMMISSIONER CARVER MOVED TO POSTPONE discussion to the next meeting to review public comment requirements with the borough attorney. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 7 -0. B) Draft Amendment of P &Z By -Laws. Discussion regarding public testimony. The Commission questioned Reed Oswalt on the Assembly work session procedures regarding public testimony. Reed Oswalt stated the Assembly work sessions do allow public testimony because the meetings are taped. COMMISSIONER WATKINS MOVED TO POSTPONE until language is returned from the borough attorney. The motion was SECONDED by COMMISSIONER CARVER, and it CARRIED 7 -0. VIII NEW BUSINESS A) Draft Amendment of Ham Radio Height Restrictions. Discussion on the State codes. COMMISSIONER JANZ MOVED TO RECOMMEND this code change be made to reflect State statutes. It was SECONDED by COMMISSIONER WATKINS, and it CARRIED 7 -0. IX. COMMUNICATIONS X. REPORTS Meeting Schedule: • February 8, 2006 work session at 7:30 p.m. in the KIB conference room. • February 15, 2006 regular meeting at 7:30 p.m. in the Assembly Chambers. P & Z Meeting Minutes January 18, 2006 Page 3 of 4 XI. AUDIENCE COMMENTS Reed Oswalt stated there is $250,000 in grants for videoconferencing. XII. COMMISSIONERS' COMMENTS COMMISSIONER FRIEND welcomed Gary Juenger to the Commission. COMMISSIONER JUENGER said he was being given a lot of help and Ogle had given him about five books to read. COMMISSIONER McMURRY said he hopes Gary Juenger is getting more training than they did. COMMISSIONER JANZ said Peterson School used the audio video oonferencing today and it worked great. XIII. ADJOURNMENT ATTEST By: CHAIR FRIEND ADJOURNED the regular meeting at 8:25 p.m. Sheila Smith, Secretary Community Development Department DATE APPROVED: February 15, 2006 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION 1/ ^ Jenol Friend, Chair f P & Z Meeting Minutes January 18, 2006 Page 4 of 4 Committee Members Present Absent Excused Others Present Mike Anderson X Sheila Smith Tom Abell X Community Development Gary Carver X Mike Martin Dave King X Brechan Enterprises Bill Oliver X Melvin Squartsoff X Andy Teuber X Thomas Trosvig X Gene Anderson X Howard Weston X ROLL CALL KODIAK ISLAND BOROUGH GRAVEL TASK FORCE COMMITTE REGULAR MEETING - JANUARY 9, 2006 MINUTES CALL TO ORDER The meeting of the Gravel Task Force Committee was called to order at 5:40 p.m. by VICE CHAIR CARVER ON January 9, 2006 in the KIB conference room. pECEOV 11 F E B 1 3 2006 J EBOROUGH CLERK'S OFFICE A quorum was established. APPROVAL OF AGENDA COMMITTEE MEMBER CARVER MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMITTEE MEMBER TUEBER, and it CARRIED 5 -0. APPROVAL OF MINUTES COMMITTEE MEMBER KING MOVED TO APPROVE the minutes from November 7, 2005 and December 5, 2006 as presented. The motion was SECONDED by COMMITTEE MEMBER ANDERSON, and it CARRIED 5 -0. OLD BUSINESS A. Discussion on approach to determine potential material sources and sites. After a brief discussion of the KIB Tracts, the committee would like staff to research which is Brechan's tract. It was the general consensus that the Red Cloud River is not viable because of the access to it and the high water table. They did come to the conclusion at the last meeting that the Bells Flats pits have quality rock and the only existing pits that have a future at this time. There are other possibilities that are not yet developed. Gravel Task Force Minutes January 9, 2006 Page 1 of 3 The committee requested a large map showing all sites, and wants staff to research ownership of each site and its zoning. They would also like to know where the Borough stands on the fairgrounds. Has there been any pursuit or conversation with the Coast Guard of ownership. COMMITTEE MEMBER CARVER explained the rationale is to try to protect those sites as future gravel resource use and not plan them into another kind of use so they are available when they need them. NEW BUSINESS A. Possible Gravel sites Preliminary Draft. The Committee agreed the fairground is a viable site with a huge amount of * material, but the Coast Guard owns most of it so unless the Borough can obtain the property it isn't viable. COMMITTEE MEMBER CARVER has looked at the upper part of Kalsin River that has a series of raised terraces, which the stream -cut banks suggests it has nice gravel in them with a pretty high content of granite. Quality wise, Carver feels there is a lot there and worth exploring. Carver also believes the sites on the American River are a huge resource because they also have raised terraces. The present channel has very course material, and it's the same material as the B Tracts. Carver also said the Salonie Creek site has raised terraces, and the geology suggests that it could be cored with very course river run material. He also feels the small sites should be considered carefully before they are totally eliminated because if they're not flagged then some future planning & zoning group is going to put single family residences in. Maybe the Red Cloud mine should be reconsidered before it is totally eliminated because it's non - viable, it's still a gravel source that might be useful 25 years down the road and if houses are built around it then we will run into another problem. If there are potential gravel sources and the plan is they may be used for gravel then it should be protected. Carver stated the site closest to town is going to be the most valuable, and if it's big it will remove the value of the others until it is gone. COMMITTEE MEMBER ANDERSON believes the zoning should be looked at and explore if some leniency can be given. He also feels a very strong recommendation go to the Assembly that they aggressively pursue the acquisition of the Coast Guard land. It was the general consensus to resurrect the Salonie Creek testing and some other sites to see what's there. The Committee requests staff to research who owns each of the sites and the zoning, and find out where the Borough stands on the fairgrounds. Has there been any pursuit or conversation with the Coast Guard of ownership? If the funds that were earmarked for Salonie Creek are still there then we should get it approved, and then develop an RFP. Gravel Task Force Minutes January 9, 2006 Page 2 of 3 COMMUNICATIONS There were no communications. REPORTS Meeting schedule: February 6, 2006 at 5:30 p.m. in the KIB conference room ADJOURNMENT The meeting adjourned at 6:55 p.m. ATTEST BY: C�}�1C' Sheila Smith, Secretary Community Development Department DATE APPROVED: February 6, 2006 KODIAK ISLAND BOROUGH GRAVEL TASK FORCE COMMITTEE By: Q�f� Q ) Chair Gravel Task Force Minutes January 9, 2006 Page 3 of 3 ACTION ITEMS: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting - February 6, 2006 APPROVED: Motion to approve certificated contracts for the remainder of the 2005/2006 school year to Denise Anderson - BA +0/0 in the amount of $15,796 for 1.0 FTE Peterson Elementary School /Kodiak High School English Language Learners and Suzan Hailey - BA+0/5 in the amount of $18,120 for 1.0 FTE Peterson Elementary School. APPROVED: Motion to enter executive session to discuss negotiations and to include Superintendent Betty Walters and Director of Finance Dave Jones. APPROVED: Motion to adjourn. SUMMARY 1TE CEO V E FEB 82006 ig BOROUGH CLERK'S OFFICE MELVIN M. STEPHENS, II A PROFESSIONAL CORPORATION ATTORNEY AT LAW 104 CENTER AVENUE, SUITE 206 P.O. BOX 1129 KODIAK, ALASKA 99615 TELEPHONE 1907) 4863143 MEMORANDUM TO: Mayor and Assembly FROM: Melvin M. Stephens, If`. ! RE: Reconsideration of Woodland Acres Paving Assessment District DATE: March 2, 2006 p EC MAR 2 2006 'Jinn BOROUGH CLERK'S OFFICE In a memorandum of February 23 I discussed at some length my reasons for feeling that it might be prudent to reconsider the votes taken on Resolutions FY 2006 -28 and 29 (initiating and electing to proceed with engineering and design services for the Woodland Acres Paving Assessment District). If you have found that memorandum persuasive, then I would suggest that, following passage of a motion for reconsideration of Resolution FY 2006 -28, that resolution be amended by substitution of the attached version -- which simply initiates the district and directs the manager to proceed with the preparation of his report. Once that is done, it would be appropriate to vote to reconsider Resolution FY 2006 -29 and to defeat it (because it is premature). If a majority of the assembly does not wish to proceed in this manner, then the motion to reconsider Resolution FY 2006 -28 should be defeated (n which event I will not even make a motion to reconsider Resolution FY 2006 -29). Having outlined my concerns in writing, I do not plan to speak at length on this matter at tonight's meeting. I would, however, add one final comment about the decision to spend an estimated $20,000 to $30,000 on "engineering and design" services as a prerequisite to estimating the full cost of this project. I simply do not understand what is going to be done for this amount of money and why. The roads to be paved were presumably "engineered" to begin with when they were first constructed, the borough has explicit standards and specifications which govern road construction, and when a previous petition was addressed in December 2002, the manager was able to offer a cost estimate without first making such an expenditure. Briefly driving the roads to be paved, I see some ditches and culverts will have to be improved and some other areas where some sort of drainage improvement may be necessary. Therefore, I can understand why it might be a good idea to consult an engineer familiar with road construction in the course of developing a preliminary cost estimate for this project. I don't, however, understand why that should cost $20,000 to $30,000 (or why we didn't need the same thing in 2002). My thought, then, is that, while the manager should be authorized to secure such engineering and design services as he feels are necessary to the preparation of a realistic cost estimate, he should not be directed to do so. The matter should be left to his reasonable discretion. ‘1, ASS PNAGMB R C f lP T O : R NtAE. j hTri ER KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -28 Introduced by: Manager Gifford Requested by: Assembly Drafted by: Borough Clerk Introduced: 02/16/2006 Adopted: 03 /02/2008 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH INITIATING THE WOODLAND ACRES PAVING ASSESSMENT DISTRICT TO PAVE AUK CIRCLE, COHO CIRCLE, CURLEW WAY, GULL DRIVE, HARLEQUIN COURT, PATRICK COURT, PLOVER WAY, PUFFIN CIRCLE, PUFFIN DRIVE, SEAN CIRCLE, SEA QUAIL WAY, SHEARWATER WAY, TEAL WAY, AND WOLVERINE WAY WHEREAS, Kodiak Island Borough Code Chapter 4.40 provides for the creation of an assessment district within an established service area leading to the improvement and paving of roads; and WHEREAS, a substantial number of property owners within the Woodland Acres Subdivision have previously expressed a desire to have an assessment district formed for the purpose of paving roads in their neighborhood; and WHEREAS, the assembly desires to initiate the project of its own accord and finds that providing assessment district property owners with the estimated costs of the paving project for their review and approval prior to holding a public hearing and determining the necessity of the proposed improvements is necessary and appropriate; and WHEREAS, once the cost of the paving project is determined, the assembly intends to hold a public hearing prior to determining whether to proceed wit the project; NOW, THEREFORE, BE IT RESOLVED, BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that pursuant to KIBC 4.40.020.B the Woodland Acres Paving Assessment District to Pave Auk Circle, Coho Circle, Curlew Way, Gull Drive, Harlequin Court, Patrick Court, Plover Way, Puffin Circle, Puffin Drive, Sean Circle, Sea Quail Way, Shearwater Way, Teal Way, and Wolverine Way is hereby initiated. The manager is authorized to secure such design and engineering services as he deems necessary to the preparation of a report setting forth the estimated costs of the project.and is directed to prepare an estimate of assessments based upon the assumption that 100 percent of the costs of the improvements will be assessed against the benefitted properties on a per lot basis. The manager's report may also estimate assessments based upon any other assumptions conceming allocation which he deems appropriate. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SECOND DAY OF MARCH 2006 ATTEST: Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor WHEREAS, Subdivision 1 for the purpo to pavo roads in thoir noighborhood; and KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -28 Introduced by: Manager Gifford Requested by: Assembly Drafted by: Borough Clerk Introduced: 02/16/2006 Adopted: 02 /16/2006 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH INITIATING THE WOODLAND ACRES PAVING ASSESSMENT DISTRICT TO PAVE AUK CIRCLE, COHO CIRCLE, CURLEW WAY, GULL DRIVE, HARLEQUIN COURT, PATRICK COURT, PLOVER WAY, PUFFIN CIRCLE, PUFFIN DRIVE, SEAN CIRCLE, SEA QUAIL WAY, SHEARWATER WAY, TEAL WAY, AND WOLVERINE WAY WHEREAS, Kodiak Island Borough Code Chapter 4.40 provides for the creation of an assessment district within an established service area leading to the improvement and paving of roads; and ial ::number : of grope y owners with n the itltood and. Acres.: xusfy expressed a Je rre to have an asses distrrct ifo m n roads' In their netgfsborhdnd, a nd a potition was submitte in to proparo a rocolution to dotormino whothor to procood with tho proposed assessment; and WHEREAS, the assembly desires to rocumo initiate the project of its own accord and finds that providing assessment district property owners with the estimated costs of the paving project for their review and approval prior to tho Assembly authorizing construction holdn ig a pubticjhearing anti deterrntnlrtg the necessity ofthe.proposed.improvements is necessary and appropriate; and WHEREAS, once the cost of the paving project is determined, the assemb intends t o hold another public hearing prior to determining whether to proceed wit the 0610,„ ctj NOW, THEREFORE, BE IT RESOLVED, BY THE ASSEMBLY OF THE KODIAK ISLAND t pursua BOROUGH than to K IB C 44 020.6 the Woodland Acres Paving Assessment District to Pave Auk Circle, Cohn Circle, Curlew Way Gull Drive, Harlequin Court, Patrick Court, Plover Way, Puffin Circle, Puffin Drive, Sean Circle, Sea Quail Way Shearwater Way Teal Way and Wolverine Way is hereby initiated. Tt te manager 1s authori d to secure sunk desgn and engineering serutces s t te d eems n e c e ssary to t h e preparati of a report s etting forth the estimated costs of the pro ct and is direct t o prepays art e..stimate a • based upon the assumption that 100 percent of the c o f the improvements will be assessed ainst the bd properties on a per to t basis ; The ma nagers report may also estimate ass based upon any rrther assumptions concerning allocation which he h em appropriate. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH DAY OF FEBRUARY 2006 ATTEST: Judith A. Nielsen, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor TOTAL II Ms Williams Mr. Stephens I Mr. Oswalt Mr.Rannev . II Ms. Jeffrey I Mr. Abell I ond: V" TOTAL I Ms. Williams 1 Mr. Stephens • Mr. Ranney Ms. Jeffrey Mr. Abell z TOTAL 1 Ms. Williams Mr. Stephens -,.., Mr. Ranney Ms. Jeffrey Ms. Branson Mr. Abell 0 to 8 -\ A- --\\ I I TOTAL J Ms. Williams Mr. Stephens I Ms. Jeffrey Ms. Branson Mr. Abell ie c W 0 O —o a C- 0 -S 4 C ✓I Y Z I TOTAL I Ms. Williams Mr. Stephens Ms. Jeffrey 1 Ms. Branson Mr. Abell Y t i 11 -1 P 6 CD to F o 0 0 a a a C4 0 0 0 0 d o6 r 0 r 0 r 0 mx H a TOTAL Ms. Williams Mr. Stephens Mr. Rainey r Ms. Jeffrey Ms. Branson 1 4 Mr. Abell 0 o pa c ` ¶z— '' r C ` •� I z Ms. Williams TOTAL Mr. Stephens Mr. Rannev Mr: Oswalt Ms. Jeffrey Mr. Abell Ms. Brunson 1 W 0 F" � arc -e at N. C '-c IT z Ms. Williams TOTAL Mr. Stephens Ms. Jeffrey Mr. Abell Ms. Branson a o7 . . aC e g aidc,2 Ms. Williams TOTAL ivrr. rcariney Mr. Stephens .' ,,__ -_ - - ID Ms. Jeffrey Mr. Abell Ms. Branson 0 tt -ma ✓, z Ms. Williams 1 TOTAL Mr. Stephens Mr. Rannev Ms. Jeffiey Mr. Abell Ms. Benson `.S y 0 • V 7 Z rp 0 0 0 0 N p TOTAL l II Ms. Williams I Mr. Stephens I Mr. Ranney Ms. JeffleY I Ms. Brinson Mr. Abell I) CID 0 0 N. 0 u c � I I/ t i z Ms. Williams TOTAL Mr. Stephens Mr. Ranney . Oswalt Ms. Branson a 4 Mr. Abell g t< 0 Cr V V 0■ t/ Ms. Williams TOTAL Mr. Stephens Ms. Jeffrey Ms. Branson Mr. Abell LW 0 0 a z Ms. Williams TOTAL Mr. Stephens Mr. Ranney so • Ms. Jeffrey Ms. Branson Mr. Abell CCD oci n 0 P- z Ms. Williams TOTAL Mr. Stephens Mr. Ranney sw t Ms. Jeffrey Ms. Branson Mr. Abell V ed CD 0 R I � z co R 0 0 0 CD G. 0 0 ' d r r cD c X D t Hy Kodiak Island Borough March 2, 2006 - 7:30 p.m. 1. INVOCATION Captain Dave Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Clerk's note: Assemblymembers may be out and asked to be excused. Recommended motion: Move to specifically excuse anyAssembiymembers that are absent. VOICE VOTE ON MOT /ON 4. APPROVAL OF AGENDA Recommended motion: Move to approve the agenda. VOICE VOTE ON MOT /ON TO APPROVE THE AGENDA 5. APPROVAL OF MINUTES - None 6. AWARDS AND PRESENTATIONS A. Proclamation - Mayor Selby 9. PUBLIC HEARING - None Assembly Guidelines Regular Meeting Assembly Chambers 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments. Read phone numbers: Local Number 486 -3231 Toll Free 1- 800 - 478 -5736 PLEASE ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 8. COMMITTEE REPORTS Kodiak Island Borough Assembly Guidelines March 2, 2006 Page 1 10. BOROUGH MANAGER'S REPORT - Manager Gifford 11. MESSAGES FROM THE BOROUGH MAYOR - Mayor Selby 12. UNFINISHED BUSINESS A. Reconsideration of Ordinance No. FY2006 -06 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.04 Public Finance - budget Section 3.04.020 Permissible Investments Section 3.04.022 Collateral Requirements Section 3.04.051 Facilities Fund by Changing the Types of Instruments the Borough Can Invest In and Changing the Investments Allowed in the Facilities Fund. Assemblymember Branson should be the maker of the motion - Any member of the Assembly may second the motion. Recommended motion: Move to reconsider the vote taken on Ordinance No. FY2006 -06. Discussion is to focus on the reason to reconsider the vote. ROLL CALL VOTE ON MOTION TO RECONSIDER If the motion to reconsider passes with a majority vote, the motion to adopt Ordinance No. FY2006 -06 first reading to advance to public hearing on March 2, 2006 is before you as if the original vote had not taken place. Recommended motion: Move to amend the motion to change the public hearing date to March 16, 2006. ROLL CALL VOTE ON MOTION TO AMEND Assembly discussion. ROLL CALL VOTE ON MOTION TO ADVANCE AS AMENDED B. Reconsideration of Resolution No. FY2006 -28 Initiating the Woodland Acres Paving Assessment District to Pave Auk Circle, Coho Circle, Curlew Way, Gull Drive, Harlequin Court, Patrick Court, Plover Way, Puffin Circle, Puffin Drive, Sean Circle, Sea Quail Way, Shearwater Way, Teal Way, and Wolverine Way. Assemblymember Stephens should be the maker of the motion -Any member of the Assembly may second the motion. Recommended motion: Move to reconsider the vote taken on Resolution No. FY2006 -28. Discussion is to focus on the reason to reconsider the vote. ROLL CALL VOTE ON MOTION TO RECONSIDER If the motion to reconsider passes with a majority vote, the motion to adopt Resolution No. FY2006 -28 is before you as if the original vote had not taken place. Assembly discussion. ROLL CALL VOTE ON MOTION TO ADOPT Kodiak Island Borough Assembly Guidelines March 2, 2006 Page 2 C. Reconsideration of Resolution No. FY2006 -29 Determining to Proceed With the Proposed Woodland Acres Paving Assessment District and Authorizing Staff to Determine the Approximate Cost to Pave the Roads Within the District. Assemblymember Stephens should be the maker of the motion -Any member of the Assembly may second the motion. Recommended motion: Move to reconsider the vote taken on Resolution No. FY2006 -29. Discussion is to focus on the reason to reconsider the vote. ROLL CALL VOTE ON MOT /ON TO RECONSIDER If the motion to reconsider passes with a majority vote, the motion to adopt Resolution No. FY2006 -29 is before you as if the original vote had not taken place. Assembly discussion. ROLL CALL VOTE ON MOTION TO ADOPT 13. NEW BUSINESS A. CONTRACTS - None B. RESOLUTIONS 1. Resolution No. FY2006 -31 Establishing Citizens Board of Equalization Dates for the Year 2006. Recommended motion: Move to adopt Resolution No. FY2006 -31. (Clerk's note: The corrected Resolution reflecting the accurate date of 2006 in Section 1 is attached on green paper and is available to the public) As: y rscussion. ROLL CALL VOTE ON MOTION C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2006 -08 Amending Kodiak Island Borough Code of Ordinances Title 17 Zoning Chapter 17.51 Accessory Buildings Section 7.51 .040 Height Limit. Recommended motion: Move to adopt Ordinance No. FY2006 -08 in first reading to advance to public hearing on March 16, 2006. Clerk's note: attached on yellow paper is the corrected version that is available to the public. Staff report - Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines March 2, 2006 Page 3 2. Ordinance No. FY2006 -09 Amending Kodiak Island Borough Code of Ordinances Title 3 Revenue and Finance Chapter 3.32 Motor Vehicle Registration and Tax Section 3.32.010 Established, and Section 3.32.020 Allocation; and by Adding Section 3.32.030 Fee Imposed to Increase the Motor Vehicle Registration Tax. Recommended motion: Move to adopt Ordinance No. FY2006 -09 in first reading to advance to public hearing on March 16, 2006. (Clerk's note: attached on white paper is the ordinance that is available to the public.) Staff report - Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION D. OTHER ITEMS - None 14. CITIZEN COMMENTS (Limited to three minutes per speaker) Read phone numbers: Local Phone Number 486 -3231 Toll Free 1- 800 - 478 -5736 PLEASE ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 15. ASSEMBLYMEMBER COMMENTS ANNOUNCEMENTS - Mayor Selby The Assembly will tour the Providence Kodiak Island Medical Center on Tuesday, March 7 at 6 :30 p.m. The tour will begin at the Specialty Clinic Entrance. The Assembly will meet in a special work session immediately following the tour in Providence's east wing training room. The Assembly will meet in a work session on Thursday, March 9 at 7:30 p.m. in the Borough Conference room and a regular meeting on Thursday, March 16 at 7 :30 p.m. in the Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines March 2, 2006 Page 4