2007-07-26 Work SessionSelby — August 8 -11 (AML)
Abell — August 9 -19 (SWAMC)
Branson — August 24 -28
Jeffrey — July 22- August 31
Kodiak Island Borough
Assembly Work Session
July 26, 2007, 7:30 p.m., Borough Conference Room
Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda
packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed
when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal
Assembly action are placed on regular Assembly meeting agenda. Citizen's comments at work sessions are NOT considered part of
the official record. Citizen's comments intended for the "official record" should be made at a regular Assembly meeting.
CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
ITEMS FOR DISCUSSION
1. Request from Service Area No. 1 Board to Create an Assessment District to Repave Selief
Lane
2. Womens Bay Service Area Expansion Request
PACKET REVIEW (Items listed with asterisks ( *) are proposed for consent agenda.)
PUBLIC HEARING
Ordinance No. FY2008 -01A Amending Ordinance No. FY2008 -01 Fiscal Year 2008 Budget by
Budgeting for Grants, Moving Money Between Projects, and Changing Budgets for Two General
Fund Departments.
Ordinance No. FY2008 -02 Rezoning the West Half of U.S. S. 1736 from C- Conservation
Zoning District to RR2 Rural Residential Two Zoning District (P &ZC 07 -028.)
ORDINANCES FOR INTRODUCTION
Ordinance No. FY2008 -04 Amending KIB code Chapter 2 Administration and Personnel to
Increase the Mayor, Assembly, Regulatory and Quasi - Judicial Boards and Commissions'
Compensation.
Ordinance No. FY2008 -05 Amending KIB Code of Ordinances Title 4 Service Areas to Modify
Chapter 4.50, 4.80 and 4.120 to Permit the Delivery of Emergency Medical Services Within
Those Fire Protection Areas.
OTHER ITEMS
Mayoral Appointments to the Solid Waste Advisory Board.
BOARD OF ADJUSTMENT
Adoption of Findings of Fact for An Appeal of the Planning and Zoning Commission's
Decision Before the Board of Adjustment on Case No. 07 -020 Requesting a Variance in
Accordance with KIBC 17.66.020 and KIBC 17.19.040A to Allow a 5 Foot Encroachment Into
the 25 Foot Front Yard Setback Required by Plat Note (Appellant: Lester Leroy Russell.)
EXECUTIVE SESSION
Review of a Legal Opinion on the Role of the Architectural Review Board and Assembly on
Final Selection of a Design Firm.
MANAGER'S COMMENTS
CLERK'S COMMENTS
MAYOR'S COMMENTS
ASSEMBLY MEMBERS COMMENTS
On Leave:
Page 1 of 1
CO (0
L L
LL U
Q)
A CO
m
LL 0
LL
ro
O
cu
L
Q
G
O_
li
4)
L 0
• E
E o a)
CO
.0 U
T U
_ N m
E
0l o O •
Z
Q U u
rr
xx
ry Q)
LL LL
✓ T
• m
TO tn
CC N
L1_ O
co
LL
0
t0
O
O
Z
co
0
O
N
■• 0
( ° O o
ra
_C lL
- 0
.0 N m
E w
V) C O
Q U Z
rY a
< U U-
Please print your name
Work Session Meeting of:
1. S0 %J
2. ���� De2 ,04
3. 0 ' VIA, 1 , rc
4. "LFjA PRA6 V1-6(
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
KODIAK ISLAND BOROUGH
WORK SESSION MEETING
,7742/0
KODIAKISLAND BOROUGH
OFFICE of the MANAGER
MEMORANDUM
TO: The Honorable Mayor and Assembly of the Kodiak Island Borough
FROM: Rick Gifford, Borough Manager 0
DATE: July 18, 2007
SUBJECT: Request from Service Area No. 1 Board to Create an Assessment
District to Repave Selief Lane
Service Area No. 1 Board has requested that the Borough create an Assessment
District to repave the Borough's portion of Selief Lane. The pavement on this portion of
the road is failing and creating potholes that are difficult to repair and maintain.
According to KIBC Chapter 4.40, Assessment Districts Within Service Areas, (copy
attached) there are two methods to initiate an assessment district. One method is by a
petition filed with the Clerk's office signed by owners of more than one -half (1/2) in value
of the property to be benefited by the proposed improvement or by a majority vote of the
Assembly.
Once an assessment district is initiated, the manager shall report to the Assembly
regarding the need for, the desirable extent of, and the estimated cost of proposed
improvement. Once the estimated cost is known, the property owners in the proposed
assessment district are mailed a public hearing notice. The Assembly then holds a
public hearing on the proposed assessment district and determines whether to proceed
with the assessment district.
The Assembly may wish to consider the following options:
1. Continue to have the service area repair and maintain the road, this includes
patching of the potholes. The cost to do this will likely continue to increase as
the asphalt on the road continues to deteriorate.
2. Repave the section of road owned by the Borough. Funding options could
include:
a. Assessment District
b. Service Area funds
c. Grant funds
d. Combination of the above
3. A third option could include having the area annexed by the City of Kodiak who
would then take over the road and the maintenance of the road.
Before staff commits a lot of time to this project, we are looking for Assembly
direction to address the issue.
Sections:
Chapter 4.40
ASSESSMENT DISTRICTS WITHIN SERVICE AREAS
4.40.010 -- 4.40.020
4.40.010 Authority to assess.
4.40.020 Methods of initiating district.
4.40.030 Report by manager.
4.40.040 Protest.
4.40.050 Public hearing -- Assembly action.
4.40.060 Modification or abandonment of improvement after district formation.
4.40.070 Assessment roll.
4.40.080 Public hearing -- Confirmation of roll.
4.40.090 Payment.
4.40.100 Reassessment.
4.40.110 Objection and appeal.
4.40.120 Dissolution of assessment district.
4.40.130 Costs of improvement — Assessable costs.
4.40.140 Allocation of assessable costs.
4.40.150 Notice.
4.40.010 Authority to assess.
A. In accordance with this chapter, the assembly may form assessment districts consisting of
all the property benefited by capital improvements and assess against the benefited property all
or part of the cost of construction, (or) improving, operating, or maintaining the capital
improvements.
B. A property that is unable to be served by a capital improvement because of topography or
distance shall not be assessed for operation and maintenance.
C. The assembly may assess any benefited property, notwithstanding that the property
otherwise by law is exempt from taxation, except as provided in AS 29.45.030. (Ord. 81 -14 -0
' 1, 1981; Ord. 80 -29 -0 1 1(part), 1980).
4.40.020 Methods of initiating district. An assessment district may be initiated by:
A. Filing with the clerk a petition to form the district signed by the owners of more than one -
half (1/2) in value of the property to be benefited by the proposed improvement; or
B. A majority vote of the assembly. (Ord. 98 -04 ' 2 (part), 1998; Ord. 84 -61 -0 ' 10(part),
1984; Ord. 80 -29 -0 1 1(part), 1980).
4 -11
(MB 10/98)
Supp. #22
4.40.030 -- 4.40.050
4.40.030 Report by manager. For every assessment district that is initiated, the manager shall
report to the assembly regarding the need for, the desirable extent of, and the estimated cost of
the proposed improvement. The manager shall present the report to the assembly no later than
the time of the public hearing on the proposed improvement. (Ord. 98 -04 ' 2 (part), 1998; Ord.
84 -61 -0 ' 10(part), 1984; Ord. 80 -29 -0 ' 1(part), 1980).
4.40.040 Protest.
A. Any owner of property within a proposed assessment district may protest as to the
necessity of the improvement to be constructed therein. A protest is effective only if filed with
the clerk no later than 5 p.m. on the last day the borough offices are open prior to the day of
the public hearing under section 4.40.050 of this chapter. Once a petition to initiate an
assessment district has been filed, no signer of the petition may withdraw from the petition
except by filing a protest in accordance with this section.
B. If the owners of property which will bear fifty percent (50 %) or more of the amount
assessed for the improvement protest the improvement in accordance with subsection A of this
section, the assembly may not proceed with the improvement unless:
1. the number of protests has been reduced so as to represent property which will bear
less than fifty percent (50 %) of the amount assessed for the improvement; or
2. at least three- fourths (3/4) of the assembly approves proceeding with the
improvement. (Ord. 80 -29 -0 ' 1(part), 1980).
4.40.050 Public hearing -- Assembly action.
A. The assembly shall hold a public hearing on the necessity of the proposed improvement.
After the public hearing, the assembly shall, by resolution, determine whether to proceed with
the proposed improvement.
B. The assembly may determine to increase or decrease the extent of the proposed
improvement or the number of properties benefited thereby; provided, that if the assembly
determines to proceed with an improvement of greater extent or benefiting more properties than
proposed, the determination to proceed shall be treated as the initiation of an assessment district
by the assembly under section 4.40.020 of this chapter.
C. Where a determination to proceed is not treated as the initiation of an assessment district
by the assembly under subsection B of this section, the determination shall be in the form of a
resolution forming an assessment district. The resolution shall find that the proposed
improvement is necessary and of benefit to the properties to be assessed, and that the district was
initiated in accordance with section 4.40.020 of this chapter. The resolution shall describe the
improvement and its location, the properties to be assessed, and the method of allocating the
improvement cost among the benefited properties. The assembly's findings as to compliance with
section 4.40.020 of this chapter and as to the necessity of the proposed improvement shall be
conclusive. (Ord. 80 -29 -0 ' 1(part), 1980).
4 -12
(KIB 10/98)
Supp. #22
4.40.060 -- 4.40.090
4.40.060 Modification or abandonment of improvement after district formation.
A. If the assembly finds that it is in the best interest of the borough to do so, it may, after
holding a public hearing, reduce the extent of the improvement as described in the resolution
forming the assessment district, and modify its determination of the properties benefited by the
improvement accordingly.
B. If the assembly determines it is in the best interest of the borough to do so, it may, after
holding a public hearing, approve a resolution terminating work on the public improvement and
dissolving the assessment district. If a district is dissolved under this subsection, no assessment
may be levied pursuant thereto, but the costs incurred for the improvement before the dissolution
may be assessed as costs of the improvement under any subsequent assessment district under
which the improvement is completed. (Ord. 80 -29 -0 '1(part), 1980).
4.40.070 Assessment roll. After the improvement has been completed, and the costs of the
improvement determined, the manager shall prepare an assessment roll for the district. The roll
shall describe the properties to be assessed and name their owners in accordance with the current
records of the assessor, and state the amount assessed against each property. (Ord. 98 -04 ' 2
(part), 1998; Ord. 84 -61 -0 ' 10(part), 1984; Ord. 80 -29 -0 ' 1(part), 1980).
4.40.080 Public hearing -- Confirmation of roll.
A. After the assessment roll is completed, the assembly shall hold a public hearing at which
any owner of property to be assessed may object to the roll by presenting evidence of errors and
inequalities in the roll. After the public hearing, the assembly may correct any error or inequality
in the assessment roll. When the roll is finally determined, the clerk shall so certify.
B. After the public hearing and final determination of the assessment roll, the assembly shall
enact a resolution confirming the roll and levying assessments in accordance therewith, and
establishing a schedule for paying the assessments. (Ord. 80 -29 -0 ' 1(part), 1980).
4.40.090 Payment.
A. The resolution confirming and levying may require payment of assessments in one (1)
sum or in installments, but no sum or installment may exceed twenty -five percent (25 %) of the
assessed value of the property against which it is levied, and no assessment payment shall be due
sooner than sixty (60) days after enactment of the resolution confirming and levying
assessments.
B. Installment payments shall bear interest. In the resolution confirming and levying
assessments, the assembly shall set the rate of interest. Installment payments shall be applied first
to accrued interest, then to principal.
C. Within thirty (30) days of enactment of the resolution confirming and levying
assessments, the director of finance shall mail a statement to the owner of record of each
property assessed. The statement shall designate the property, the assessment amount, the time
payments are due, and the penalties for past due payments.
D. Penalties and interest on past due assessment payments are the same as for real property
taxes. Assessments are liens upon the property assessed and are prior and paramount to all liens
except municipal tax liens. They may be enforced in the manner provided for real property tax
liens. (Ord. FY06 -11 '2, 2006; Ord. 85 -31 -0 ' 1(part), 1985; Ord. 80 -29 -0 ' 1(part), 1980).
4 -13
(KIB 06/06)
Supp. #46
4.40.100 -- 4.40.140
4.40.100 Reassessment.
A. The assembly shall within one (1) year correct any deficiency in a special assessment
found by a court.
B. Notice and hearing must conform to the initial assessment procedures.
C. Payments on the initial assessment are credited to the property upon reassessment.
D. The reassessment becomes a charge upon the property notwithstanding failure to comply
with any provision of the assessment procedure. (Ord. 80 -29 -0 ' 1(part), 1980).
4.40.110 Objection and appeal.
A. The regularity or validity may not be contested by a person who did not file with the
clerk a written objection to the assessment roll before its confirmation.
B. The decision of the assembly upon an objection may be appealed to the superior court
within thirty (30) days of the date of confirmation of the assessment roll.
C. If no objection is filed or an appeal taken within the time provided in this section, the
assessment procedure shall be considered regular and valid in all respects. (Ord. 80 -29 -0
' 1(part), 1980).
4.40.120 Dissolution of assessment district. An assessment district may be dissolved by
assembly resolution at any time after all assessments have been paid. (Ord. 80 -29 -0 ' 1 (part),
1980).
4.40.130 Costs of improvement -- Assessable costs.
A. The costs of an improvement shall include the cost of acquiring interests in real property
for the improvement, design, engineering and contract administration, administrative overhead,
bond costs and interest incurred to finance the improvement, and all other costs incurred in
constructing the improvement.
B. The cost of an improvement that is assessable under this chapter shall be the total cost of
the improvement under subsection A of this section, less the amount of any grant funds that the
borough uses to defray the cost of the improvement. (Ord. 80 -29 -0 ' 1(part), 1980).
4.40.140 Allocation of assessable costs. In the resolution forming an assessment district, the
assembly may adopt any of the following methods which the assembly finds will allocate the
assessable costs among the benefited properties proportionally to the benefit that the
improvement will confer on each:
A. Allocation of costs on a zone basis;
B. Allocation of costs on a per- front -foot basis;
C. Allocation of costs on a per- square -foot basis;
D. Allocation of costs on a per -lot basis; or
E. Allocation of costs on any other basis that reasonably relates the costs assessed to the
benefit received from the improvement. (Ord. 80 -29 -0 ' 1(part), 1980).
4 -14
(KIB 09/95)
Supp. #12
4.40.150
4.40.150 Notice.
A. Notice of any public hearing required under this chapter shall be given in accordance
with subsections B and C of this section.
B. Forms of notice of a public hearing, as follows:
1. publication in a newspaper of general circulation in the borough at least once a week
for two (2) consecutive weeks prior to the public hearing; and
2. mailing at least fifteen (15) days before the public hearing to all record owners of
property proposed to be assessed under the assessment district. As used in this subsection "record
owner" means the person or persons listed as the owner of the property on the current property
tax records of the assessor. The notice shall be mailed to the record owner at the address stated in
the current property tax records of the assessor.
C. Every notice of a public hearing required by this section shall state the date, time,
location and purpose of the public hearing, describe the improvement, and, for the notice by
mail, state the amount of the estimated or actual assessment against the property of the
addressee. The notice by mail shall generally inform the addressee of the manner and method of
protesting or objecting to the action to be taken at the public hearing.
D. The failure of any person to receive any notice required by this chapter, where the records
of the borough indicate the notice was provided in a timely and proper manner, shall not affect
the validity of any proceeding under this chapter. (Ord. 80 -29 -0 ' l (part), 1980).
4 -15
(MB 09/95)
Supp. #12
L
KODIAKISLAND BOROUGH
OFFICE of the MANAGER
MEMORANDUM
TO: The Honorable Mayor and Assembly of the Kodiak Island Borough
FROM: Rick Gifford, Borough Manager (s1.
DATE: July 18, 2007
SUBJECT: Womens Bay Service Area Expansion Request
The Womens Bay Service Area has requested that the Borough Assembly initiate the
process for the consideration of expanding the Road and Fire Service areas to include
the land from the existing eastern boundary of the districts to the base of Old Woman
Mountain to include the Fairgrounds property and tracts currently in Coast Guard
possession (see copy of letter from Womens Bay Service Area — Chairperson)
Attached is a copy of KIBC Chapter 4.05, Formation and Modification of Service Areas.
The altering of a service area can be initiated by a petition or by the Assembly. The
standards for assembly action are outlined in KIBC 4.05.050. These standards would
require staff input to provide the necessary information for which the Assembly could
decide if they want to initiate the expansion by approving an ordinance that would set up
an election of the voters.
Prior to staff working with the Womens Bay Service Area and responding to the
standards as outlined in KIBC 4.05.050, Assembly discussion and direction is needed.
May 28, 2007
Mr. Rick Gifford
Borough Manager
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
Dear Mr. Gifford,
The Womens Bay Service Area Board has met and discussed initiating the process for the
consideration of expanding the Road and Fire Service areas to include the land from the
existing eastern boundary of the districts to the base of Old Woman Mountain to include
the Fairgrounds property and tracts currently in Coast Guard possession.
The Board is requesting consideration of this action so that boundary issues are clear and
in place prior to any possible development of land adjacent to the existing service areas.
The Board has reviewed and is familiar with KIBC Section 4.50.050 and is of the opinion
that this expansion should be considered due to possible future development adjacent to
the existing service areas as well as the fact that the Fire Department has traditionally
provided primary emergency response as well as community service for the fairgrounds
property for many years.
Initial discussion has produced questions that we believe will be answered with the
implementation and analysis of this requested action.
If you require additional information please contact me at your earliest convenience.
Thank you,
John Isadore
Womens Bay S
i
cl
111 JUN 1 4 2007
KIB MANAGER
ice Area — Chairperson
Sections:
4.05.010
4.05.020
4.05.030
4.05.040
4.05.050
4.05.060
Chapter 4.05
FORMATION AND MODIFICATION OF SERVICE AREAS
Establishing, altering, abolishing service areas -- General.
Initiation of action.
Initiation by petition.
Initiation by assembly.
Standards for assembly action.
Election required.
4.05.010 -- 4.05.030
4.05.010 Establishing, altering, abolishing service areas -- General. The assembly, by
ordinance, may establish, alter or abolish service areas, subject to the provisions of this chapter.
The borough may provide services within a service area only in accordance with chapter 4.10 of
this title. (Ord. 80 -29 -0 ' 1(part), 1980).
4.05.020 Initiation of action. The establishing, altering or abolishing of a service area shall be
initiated by petition or by the assembly. (Ord. 80 -29 -0 ' 1 (part), 1980).
4.05.030 Initiation by petition.
A. A petition to establish, alter or abolish a service area shall contain the signatures of
persons who own at least twenty -five percent (25 %) of the real property within the boundaries
proposed to be established, altered or abolished. All signatures on the petition shall be dated
within sixty (60) days of the submission of the petition. In addition to the signatures, the petition
also shall contain:
1. the residence and mailing address of and a legal description of the relevant real
property owned by, each signer;
2. the name and mailing address of a representative designated to receive
correspondence on behalf of the signers;
3. a statement of the services provided, or proposed to be provided, in the service area;
and
4. a vicinity map indicating the area in which the service area is proposed to be
established, altered or abolished.
B. The petition shall be submitted to the clerk, who shall review it for conformity to this
subsection. The clerk shall return an insufficient petition to its sponsors with a written
description of its deficiencies.
C. The clerk shall refer a sufficient petition to the manager, who shall prepare and submit to
the assembly an ordinance effecting the proposed action. (Ord. 98 -04 ' 2 (part), 1998; Ord. 84-
61-0 ' 10 (part), 1984; Ord. 80 -29 -0 ' 1 (part), 1980).
4 -2
(MB 10/98)
Supp. #22
4.05.040 -- 4.05.060
4.05.040 Initiation by assembly. The assembly shall initiate the establishing, altering or
abolishing of a service area by introducing an ordinance effecting the proposed action. (Ord. 80-
29-0 ' 1(part), 1980).
4.05.050 Standards for assembly action.
A. In acting on an ordinance under this chapter, the assembly shall consider and make
findings on the following issues:
1. the need for services within the area, and the feasibility of providing them,
considering the area's size, population, and the facilities and services already existing therein;
2. the assessed or estimated value of all taxable property within the area;
3. the characteristics of the area indicating its cohesiveness as a community; and
4. the area's ability to pay for the proposed service.
B. No lot, tract, or parcel shall be in more than one (1) service area of like service provided.
(Ord. 98 -04 ' 2 (part), 1998; Ord. 80 -29 -0 ' 1(part), 1980).
4.05.060 Election required.
A. An ordinance establishing, altering or abolishing a service area within which one (1) or
more services are being provided shall not be effective unless approved by a majority of the
qualified voters voting on the question in each area affected by the ordinance. The question shall
be submitted and the result implemented as provided in chapter 4.10 of this title.
B. For the purposes of this section, the area affected by the abolishing of a service area is the
entire service area. The area affected by the altering of a service area is the area thereby annexed
to, or detached from, the service area, unless the assembly finds that the entire existing service
area is affected by the proposed alteration. In making this finding, the assembly shall consider
the effect of the alteration on the level of service and cost of service throughout the existing
service area. (Ord. 80 -29 -0 ' 1(part), 1980).
4 -3
(KIB 10/98)
Supp. #22
map
M
a
CO
c
0
CNC
LL
a
0
CO
as
as o
m a
a) L.
O ▪ • LL
O • =
as
C
O ca
> _
w
0
2
W
w
•
O
>
W
d
0
O
z
-►
-♦
co d
as 3
i O
CD U)
W
as w
(4 a:
O
w
E
O
L
a.
O
z
re
0
-00
• EMI • MIMI • IMMI • Mail • • NM I I • - • MI I • • •
`♦ O
♦
0
a)
E
E
0
0
V
0
a)
0)
0
0)
.0
FA
0)
V
0)
Z
•
0)
0
•
n
n
a) u)
_
`� 0
0 di 0
co
.....
.u) cn =
o 0 E
„0 E
V 0 o
0
0 ti
_ >,
■_ 0
1 c
c 0
cp
_
a) ai 7
L. 1...
L
V# 0) I"
m as •...
cn 0 >,
•._
' • f "r
a) 0 _ _
o co .
u) 0.
L
■
0
0
0.
0)
T
wrni