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Home My WebLink AboutResolution No. 2008-14Suggested by: City Council CITY ®F I£ENAI RES®LLITI®N N®. 2008-I4 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONFIRMING THE ASSESSMENT ROLL ON THE SET NET DRIVE STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT. WHEREAS, a public hearing has been held on the final assessment roll for the Set Net Drive Street Improvement Special Assessment District; and, WHEREAS, Council finds the assessment roll is proper. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, Section l: The assessment roll attached to this resolution is confirmed by the Council. Section 2: Assessments as identified on the assessment roll shall be levied against the properties in the Assessment District and are to be used to repay the General Fund. Section 3: Payment of Assessments: Assessments: A property Owner with assessments totaling: • $5,000 or less -- five equal annual installments • $5,002 to X10,000 -- ten equal annual installments • $10,001 to $15,000 -- fifteen equal annual installments • $15,001 -- twenty equal annual installments. When a property owner owns more than one lot in an improvement district, the total assessment of all the lots shall determine the repayment schedule. Payment in Installments: • Installments shall include interest at the rate of ten percent (10%) annually. • Installments shall be due beginning on the first business day of July each year. • .Payments shall be delinquent if not received by the first business day of July each year. • Annual payments shall be in equal installments, including ten percent (10%) interest. • Delinquent installments will be charged a penalty of ten percent 10%) on the entire installment with interest accruing at the rate of ten percent (10%) per year on the unpaid principal portion of the installment. Resolution No. 2008-14 Page 2 of 2 Sin~1e Payment: Assessments may be paid in full without interest if received by July 1, 2008. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of March, 2008. ~/ //~~ ~~~~gg ~~`` ~( L/v(!1~1~'~ IN A SWARN R, VICE MAYOR ATTEST: Carol L. Freas, City Clerk clf Approved by Finance: (I1~ J N/_ e~ v J W ~~ V l r~W/~ ~V JJ V J Q m / /1~ VJ ®_ U Q U N N C°' U i .v p r N M Z 0 0 7 0 0 47 O O ~ M O O 07 i- d' ~ r O~ 1~ ~ O O M r r 0 N d~ r M O ~- O In t(7 M d' M Lfj N O O~ M O O~ O N N I~ r r N O~ e~ O M I~ N M N CD CO M O M Cfl d' ~ ~ ~ M to M M M CO W CO M ~ m~ ~ O N Q ~ 7 N O Q d E{} Efl EH EA fA ffl Ef} EA ER ER ER EPr '0" O~ d' 07 07 07 CO ~ I.f) M O I~ r C I~ r ~ 1~ O h I~ M r r ~ M ~ E r M O r 0 CO r (O c}' M M 61 p W M 0 O~ O CO CO (~ r r O7 ~' N m M h N M N 07 M M O M V ct d Ln Lf) CO tf1 CO l(1 I.C) t0 W CO CO f~ Q N O y Q Ef-? ~ ~ ~ ~} Ef-} ffl fA EA EA EA ER w o 0 0 0 0 0 0 0 0 0 0 0 ~~ o 0 0 0 0 0 0 0 0 0 0 0 R E Q O M f~ M r 1~ 0 0 CI' O r C I~ ~ r I~ r M h 0 I~ O O O '~ ~ 1~ M r ~ r 1~ (~ M O M tt~ O O~ O O M O O CO O M O O O d r r r r r r r y r d Q Efl tf} E{} EA EF? EA EA EA EA E9 fA E{} y N > > > > > +-~ > > d , ~ . N . ~ > ~ L 0 L ~ j L L D ~ L U L ~ L ® L f~ L D ~ Q ~ W O /~ N ~ L .,. ~ .,.~ .. ~ s+ z z ~ z z ~ z z z z . . o < ~ i c p. cn cn U ~ n ~ n n O 0 o o m o o o ~ o ~n ~ ~n ®' Lf) d" LO N r Cp r I~ M d' to !~ f~ N M M N M N n r 1~ OI la ~ ~ 3 0 °m~ A Q. 2 c O C d ~ C = O N C ~ N N i ~ O O t6 d' ~ d O 07 ~' ~ Y o ~ ~ ~ a T CC ~ C C Q > N -O ~ ~ O (6 ~ ~ ~ (n N ~ ~ O L O Y U U ~ ~ ~ r r M O O O r r ~- ~ d' ~ O O O d' a ~ QI I Iz C Q ~ U~~.c H ~ ~ ~ ~ ~ ~ O O ~ ~ N =wmz t17 M N r M M M M O O O O r r r r V V ~1' ~Y O O O O d' d' d' V ~ N ~ O O O U U U ~ ~ C C C ci' O ~ M ~ O t/7 O N M cn ~ N ~ N ~ N O ~ ~ N ~ can ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ +~+ ~ J O J O -1 O w ~ ~ ~ ~ d. T`- TM TM ~ M Q r~ Q r Q. o? U Q U Q U Q N = O = O .~ ~ .~-. ~ ..~ 3 O ~ O ~ O ~ - -o U -o U -o U 0 ~ ~ 0 ' o o ~ L O L ~ L a~ la~ In. N ~ ~ O ~ ~ O ~ ~ 0 ~ r ~ p a r M Q Q r ~ ~0 . O ~ O L O - ~-- 0 ~ 0 "" 0 'C 0 w- 0 ~ 0 o ~ o ~ o N w. ~ ~ N ~ ~ - ~ ~ N ~ N - ~ ~ N ~ N c N m c `~ m c `~ m C T C T C T O ~ I O ~ ~ O ~ O O- O N fl- O N O- O Q ~ Q ~ Q ~ m ~ m ~ m N Y N Y N Y L ~ L ~ L ~ ~ ~ ~ ~. ~ ~ o ~ o ~ o ~ O o ~ '~' 0 I,C) 0 o t,t~ ~" O Ln O o t1~ "" ~ O N N ~+- O O N N 4- O O N N v O O u> ~ O N ~ - O w O V> ~ .O u~ ~ O N ~ p X (6 Q X N p X C6 ~ O ~ ~ O ~ ~ O D ~.=_JI~.~JI~.sJ r IN ~M T ~ ~ U -6 O ~ Y ~ Y d U N d' d O N m (6 d Copy delivered at the Office of Carol L. F'rens, City Clerk. ~ ~ ~~ Acknowledged C)F Copy delivered at the offiee of Rick R. Koch, City Manager. ~~~~ Date Aolsnosvledgerl Date IVtarch 4.2fDh8 Members of l~enai City Couascil Re: Set Net Drive>e Special assess€nent District- F`inat ~cssesseni 12oI1 We, Joe and Iouhy Cobus, owners of Marcel No. 49at1037, wish to preseast csur olajeetion to the assessment roll. mailed to us on Felaruary 29, 20®8. lA9e feet this is an unreasonable assessment far a number of reasons: The edge of our undeveloped. lot touches Set Net Drive, but the frasat footage is on l?v"atergate 4~ay, as indicated by the address (26010 Watergate ~ay$. These is no across Fa Set Net from tlae lat. If a future home were to be built on that let, access to the street would be from trUatergate may: 2. Vt?e do nest benebt by this }caving intpmvement. &Ve never use Set Net Drive for aug reasan, and 3r this improvement was of tra interest to us. "~ 3. tl?e feel 'chat the assecsaeeg methaxl of sduare footage; of property is an unfair meYhad, sine the larger portion of ortsr lot ss fiacirag'4lsatergate 'b4'ay. A metre reasonable. method world be foat frontage an Sot Net Drive. eombinecl with ttae frezluent use of that street. For us to be assessed as mach or more than those oea the Assessment RoI,I (vets use Set Net Drive everyday to enter their property) i~s far from fair_ 4. f3ur autos[ assessment far exceeds [fee 25°1Q of the fair market. value of the property. V~`e da not nov:>, near leave we ever agreed to waive this 25°I° iimitatioza under KtvlC i 6.05.(?10(fs}. The fair market value pf this property when This project comanenced was $14,500.00. Attached is a copy of the Preliminary Assessment R,all (Re-bid) dated November 2, 2t3Q5. ~Ue attended the pztblis hearing in November ol'2005 and objected to our assessment at that time, far the same reasons stated above. e are committed to being h7 Anchorage on the third Vdednesday of each month, and throughaut that entire week. Far this reason vac veil{ he aenable to attend the public hearing on March 19, 2008 at 7:Od p.m. 45°"e avoutd state our ohjectiozrs to this assessment if as~e were able to atfend that meethag. As a last resort we would ask that this lerter be read at that public meeting, and Ire included in tiro minutes_ Should. tlae f:ouncil wish to reschedule the public hearing concerning flee Set filet Drive Special Assessment District, and schedrde it for a weak other than flee ~=eek of the third V'4iednesday, we waUUld be most anxious to attend and saoice our opinion. ~Ue snag Ire contacted at 283-2728, as this is our home phone. tVe see bath retired and are hoone most of 1 G°°"G- ~~~." / r Jae and Ion abaas 2610 Watergate Vday Kenai, Alaska }?611 ., _ _ .~ _ I_ [ ' ~ ~- ® ~y$g q9 y q~ppggy ~ Eq gpS b~ fVA. tl`d - C~fiE 4 t ~ ii~Lr~ -._ - -yt- 3 ~- i __~__..---.~~ _~_v..._...-___._.~_ ___ _ _ _ '_ ._ .-_ - _ __ __. ~ ~ F _- -___ P ~g ~ p g~p,e ~g p ~ a _ p ® e~g ~o ~a @ gg R 6m1iE% TMa 4^ta"9c~a~4m/"5~ F'46~1~ ~r'"i~°~6~8 _ .~ -_.-_ 3 - _.._ r ..-~_ - [ I i ~- . -~- ----- ~ ~~~o - PE4~IIC ~~~r@f@~ '~ "~f~ ~Ca<£1i4~l~ ~~1 fml ~+~~ ~~#!°~ ~Ei't~C4li~ ~BJ~d ~~°/a - , ----- ~---- a j t ~-.~~ i ~ -t- --- _ ---- - -- - ~,"'°°'"~ased txn pP~gserty cswrters Rayln9 prapc+ttiasraiiy 5ased on square fosstage'°""~°__. ~ xisr>PaFi(be bas~cP on the ai of flea lsretj ~_._ _ Eai assts arm estirriates - final c i _ _ _ .~~.__.._-_.__- f~rd'Y$2EPEi@S td ~ ~~SS'.SSEEi: u~ p60~Y$~! ~IMEECPS ~~SPQ'afi allot 1 er s 25% KPE 90Fi°!m ~f ~8°ro ~[ ®~anQ # OWNEf~ - - - Address - ~~~E Fast $ %~~f Tmtai Ass Ass. S Est. S Est. S c3otrner Pay 1 6riskit8 ;750 SET NET C7R 0.92, 4D,075 0.079792. 984,2D0 46,050: 17,554 8,777 ; 8,777 2iJohnsan ';740 SET NET DR 0.98! 42,689'-: 0.064996 137,160 34 275 :. 18,699 9,350 : 9,350 3'WhannelE i256DSElNECT 1 06''- 46,574~~. 0.091934{ 153,460. _38356 -. 26,225 ~ --- 16,113 !: ~~- --- 36,193 17,554 ! 4i,Durkee -- .626 SET NET DR~ 0 921 40,Q75 0 079792. 22D,500 55,125 ' 8,777 8,777 106 _46,174 0.091934'. 201.360 ~ 50 3_25 ; - 20,225: 5~7hapman X810 SET NET pR 1Q,113 ; 50,113 _ ghar ~;: ',;y2600 WATERGATE 5 D2 44,431; 0.088485; 14_500. 3,6 .5~ 99,462 9,'731 3.625 sith 615 SET NET C!R ~ D 92 4Q,D75 0.0797921 14,560 ; 3,625 _17,554 8,7~77 ~3,625 Bl~foogiand -2705 SEINE ST 1.09'.- 47`460; 0.094536! 118,260 - 29,050 20,798 - 90,399 ~, 10,399 -.- -'---t- ---t-- 9lLeigMy 735 SET NE7 DR 1.37! 59,577, 0.1988201 173,900 43,475 ~ 26,141: --- - 13 07Q ~ 13,D69 r 0.0936691 200,ZDD . 5D,Q50 ,.__2Q,607 : 16 b3uroh !745 SET hiET C?R 1.D8' 47,045] 1A,304 _ 1_0,364 _ 11 Anse 755 SET NET DR 9.1 f! 4$,352': 0.096275 j 14,564 ', 3,625 _ 21,980 ' 10,5 _3,625 11531 502,247''. 1.DODDDO ---- 22Q,C1t70 110,OGD iYC3YAL N 91,777 --- ---- - - Murn ~iatePi Grant (50°,6) 1iQ,04D~ _ Adrnonisiration ! -- 3,600 _ RAun~ Match extra cost aver 26°h KF'6 Ass.(8.3961 ' -+- 98,223: ! F3raperty Owners (41.7°!°) `__ 3'1,000 I, EngdneerinsT 9'4,777 I-- ---f -- - _ TUTAL _~ ;Construction ^186,OOD 2.2Ci,uyu ~ - -- _ 220,a6D f -j- ~ - -f~'oTAL ~ _ _ __- ___ i ~ - - ~ ~ # ' - -- , G ---____~ __ _ ' i ~ L _ ----- ' _-- - -- ---- - __.-- - -- i Prepared by Keith Karnel6s 11f2212DD5 ~yEis uc)0.:d°_: RY S"CkiES C~ rA.~ ' /~.. ?,E 1.248 IaC E ` v t; 7°-i ~~~~,'/ soo 7s n zs o voo__ zoa aoe SCALE Zn FEET 2 ~o,~aa s~ "~' ~~ ~~ .v >~,A~ IL ,~.d- 3 `'=°\ r.ozo ~c ~ °a.. @.t39~I AC `~ ~t4. spa sao P/k ~ S.IP_ 5-EO rme as. nr mm,. tis. e Lhe ottners 9fi trve papper:y ^~n that we hereby atlaAt tM1 is pPan al} r49ht-ot-ways err p`.etri ne +,rsa an® =hnxn. tA.~.Rn-.eve F; fn°,...,.4' 4~ ~oV..¢lt~"vH.~ tr~~ i.. Ga.e2 /st' r f Late;n A, 'salmg x ? .'f K ~ =' r~ ~ i~ ~ a J ~_ Y 2 p ~ i rr r ~~ ~° m 1 '~- R ~ a y iri 0 » Y {f z•m' [) I` ® ~~ q _P [Q ~ '2. m~ ~' 1.'~~`s 1iC ~~~ ~ FM1is pYat ua5 3pAr'a'merr by the KENAI PENINSULA 3QROUGH Pl.ANNEN6 GaNYi55IJly at the meeting Gfi F:ENAT SeENdNN$4'f~d Bj(d~fiypL'P~vH AUthmP xetl lffiC Sa: -_ JJFFtt i~ 1 (` 1 t ~~ Lam; ~` ' aup ``~,. F ~ (e { ,e CS ~{g ~ ~ 8 ~E~I~I7'f MAC LE~Ed~€C3 f ~} 9LN a^ stfl ~manum+¢~vt ^ec ¢+.E-Ee ®LM O.^ '..l'.? A®+4uiWCnL RUS ^c43e~E^i~e Fmuna m(!ieiai sv. wev mmnuaeat S£Y 6£^nSt¢n :3 i!O`x :30" 14vn i't `+'n 3t.. /e Y' A5'1vTC^.: HmetuR~&!tt 3F, K'eP¢rp, r:3t ^8L~~'¢^@O Paunb 'sf2" nebar f<} cet 5/5'"c 33' reaar +x k.^+ 2^ al i~*~um. caw a Fmura n/2" ^ebar 0 Set £l~"c 2a` heDar ~~T~sY SR AYT masLa.raCerv tra3k~en6 ane ti6spcsa4 avstea^ 611a33 {DR[]1y vAil G%L3t[ng 13w 3~ E'9E C94H. 1+ C6rM1Rtf t-GY3R. 2#8osis cQ e~abrimg is ane eec¢xd tlarum ui NO~fl558~w f6t RRQ QQ4ft hOeFttdmfy pfi ~Ris xtdbtl.. XRQ TP"1$1.µ/) ~' $ ~. _, t ~.. fF -_:97 ~-y ~1? E cL~;'ro. t Vt~ ~T~ E5'T~`~E~"w_ ~lF3liCC?~ PAST ~€ Rodney Young ei n-, awnes 9oe SCxISU Kanai, 60K FS6-Y ~fi QiflA~~Q~ S4.!$f3 CURES <eTU4sTED tN S4,/2 NE!/4 SW J4, NS12 se va svar<. S'EGi rflN ice, 'rsrd, Nina. S.ht_a.x, x.,E CfTY fl'r kENut, 54NU THE KEMGt FF_?diN SCYP.A 6U'R6UGH. survoYed by ~"1~e LF4CdE OA.SSC7CIAFES,INC. ' Gc9ds4ra,AK 39889 BATE 3CAi_E 9K.. NQ. Cd¢ecR ¢2.49@R f~'=E4f3' Ea4-kE 4 A ~ '. ~. ~, ~ z r .~ ` ..............~ _........................._.. ~ - _ 6 n y~tt ~~T ~~qq ..._.-.._.....p.......' ''.. IFdPHEPIY V $P 5%1 ~°IU1t'f /~~E . IflES N 96-356 ~~...._....-~.......... _ ........ .....~`• vm 0 L o w 1 ~ ...: _ I_i.S u ~. I . r.-._......~ y(~6c 4 .n m •. OJ sv,u aoo E w ~;/~`:3 ~r i `o ~.., ~ „yam........ _.... .....d W ~ o ~ ~~ e a" t~ C!S ~ ,Q o ~° y (} k~T Y TA S '~ '~', 's ~ cn o ~1n ~ mm ~ ~o ~ ~~ i~ ~ ~. ~ ~m ~ N ~ ~ ~ ~ ro ~x ~ ,.~ m ~ ~'"~~ G1~' ^- .. `~ ,~Ci y ' ~ r.~ _~ \ 4 tai.. - ~L' ~° 5~ ~`^ VV eY o Gar. 4°ln ~ `~ .. k°1~o ~ II d ~' `'' ~^~~ .' .~u1 us Iti i ~ a ~ y w r'~'V Y ~ny a ~ n ,~C~ O^`V z~z ~~ ~~ty ~ 1 ~~ ~~~ .. <..r 1 ~ ((ma~y l ~ ~ ~n ~ ~ ~~ l31 ~rt {n ~ cn ~ ~ Ne l./ p O®r~~ M~~ c4.r ~u m ry .oe. zs~ u m ~ :: ~~ v V ~ a3R.95" tt 4' C (4... .. C. rn m w ... .2' ,..... G n O[t Pl ~R aSY ~ ¢ ~4 . - C (~ ~ :~ .~ ... ....i OALEE~d tsvENUE '~''y ~ " =~°sF ~ ~ _•c*~y ~ `~O~L ~~^,,~Y ''~e~''°*er - o~ ofi ~ ti ~ ~~ ~p} - -~~.,d~ (f ° V t J,~~ S a W ~ L7 1V LS : ' ~v'. {fl ~ ~ ly .. ua+M n .m • I' KA~1COt~NSK'~ 6~art~ ~~. SEC. _.. ..... _.. .. ..._ ._ . r g 0 ®~~~~~ aF~~l C~lE~8tBC6aE°~ ~~ESI Rrop~rty ~nrr~ar Rroperty ~~c3res~ a~srrr~~r~~ ~~~ssrr~ent 4941425 Driskill, Don t-4 & Birlene 754 Set Net i~rive $ 8,777.40 $ 5,381.79 4941424 Johnson, Ronald J 744 Set Net Dr€ve $ 9,354.44 $ 5;733.14 4941423 Whannell, Jefrrey W ~ Pako Y L 2564 Seine Court $ 14,1 i3.d4 $ 6,244.99 4941417 ECeating, Denn€s R 624 Set Net [3rive $ 8,777.44 $ 5,381.79 4941415 Chapman, Dcsuglas ~l ~ Jill P+ 610 Set Net Drive $ 14,113.44 $ 6,204.99 4941437 Cc~bus, Ruby 2604 Watergate $ 9,731.44 $ 5,966.76 4941436 Copeland, Sarsr 615 Set Net t?rive $ 8,777.40 $ 5;381.79 4941435 Hoagland, Cynthia ~ 2705 Seine Street $ 14,399.40 ~ 6,376.35 4941433 l=dwrards, Rhillip 735 Set l~let [rive $ 13,074.40 $ 8,414.13 4941432 l3ur~h, Robert S 745 Set Net Drive $ 14,344.44 $ 6,318.10 )41031 Netshert, Th~amas N 755 Set Net Dr~ue $ 1 4,590.44 $ 6,493.47 T~stal (11 Parcels} $ 114,401.44 $ 67,449.31 Prepared by Page 1 of 1 Rick Ktsch ,~~, s ~,' U ttiecityof KEt1A~ SKA November 23, 2005 "Vclla~e wc't~i a Past Gc~ wit~i a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us Ruby E. Bingham ~0/~ ~~u~ 267.0 Watergate Way Kenai, AK 99611-8856 RE: SET NET DRIVE LOCAL IMPROVEMENT DISTRICT (VIP Drive to Watergate WayJ At its meeting of November 2, 2005, the Kenai City Council tabled Resolution No. 2005-48, directing the continuation of the above-referenced improvement project. The delay of consideration was made in order for Administration to investigate further a concern raised that there were properties within the proposed improvement district that by the initial calculations, would be charged over 25% of the Kenai Peninsula Borough's assessment of the property. KMC 16.05.010(b) states, "No assessments shall be levied in excess of twenty- five (25%) percent of the fair market value of property after giving effect to the benefit accruing from the work or action for which assessed, except where all benefited property owners waive the above 25% limitation and agree to accept on a proportional basis 100% of the costs of improvements. At its meeting of November 16, 2005, the Kenai City Council removed Resolution No. 2005-48 to further discuss the 25% assessment overage. Action taken by Council included passing a motion for the City of Kenai to absorb the extra costs (from the project grant funds) for the property owners whose share is above 25% of the Kenai Peninsula Borough's assessed value. Additionally, Resolution No. 2005-48 was passed unanimously and the improvement project will proceed. A copy of an updated Preliminary Assessment Roll is enclosed for your information. If you have any questions, please contact this office at 283-8231. CITY OF KENAI Car L. Freas Ci Clerk cIf ~,, <~~~, , ttieclyof KENAA~ SKA November 23, 2005 Smith Carpentry IJO~ P.O. Box 2526 Kenai, AK 99611-2526 "I/c'fla~e wit~i a Past, Gc wit~t a Picture" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 /Fax: (907) 283-3014 www.ci.kenai.ak.us C'~elvtu(. RE: SET NET DRIVE LOCAL IMPROVEMENT DYSTRICT (VYP Dr{ve to Watergate WayJ At its meeting of November 2, 2005, the Kenai City Council tabled Resolution No. 2005-48, directing the continuation of the above-referenced improvement project. The delay of consideration was made in order for Administration to investigate further a concern raised that there were properties within the proposed improvement district that by the initial calculations, would be charged over 25% of the Kenai Peninsula Borough's assessment of the property. KMC 16.05.010(b) states, "No assessments shall be levied in excess of twenty- five (25%) percent of the fair market value of property after giving effect to the benefit accruing from the work or action for which assessed, except where all benefited property owners waive the above 25% limitation and agree to accept on a proportional basis 100% of the costs of improvements. At its meeting of November 16, 2005, the Kenai City Council removed Resolution No. 2005-48 to further discuss the 25% assessment overage. Action taken by Council included passing a motion for the City of Kenai to absorb the extra costs (from the project grant funds) for the property owners whose share is above 25% of the Kenai Peninsula Borough's assessed value. Additionally, Resolution No. 2005-48 was passed unanimously and the improvement project will proceed. A copy of an updated Preliminary Assessment Roll is enclosed for your information. If you have any questions, please contact this office at 283-8231. CITY OF KENAI Car L. Freas City Clerk clf KENAI CITY COUNCIL MEETING NOVEMBER 16, 2005 PAGE 11 Porter Yes MOTION PASSED UNANIMOUSLY. E-3. Resolution No. 2005-48 -- Directing the Continuation of the Project Entitled "Set Net Drive (From VIP Drive to Watergate Way)" and Designating What Improvements Are to be Included in This Project. (Clerk's Note: A motion for approval of Resolution No. 2005-48 was placed on the table at the November 2, 2005 council meeting.) MOTION: Council Member Molloy MOVED to remove Resolution No. 2005-48 from the table and Council Member Massie SECONDED the motion. VOTE: *Student Representative Krusen: Yes Moore ~ Yes Swarner Yes I Massie Yes Ross Yes ~ Molloy Yes j Boyle ~ Yes ' (Porter Yes ~ ( ~ 1 MOTION PASSED UNANIMOUSLY. There were no public comments. Acting City Manager Kopp referred to the Kornelis memorandum provided in the packet and a memorandum distributed at the beginning of the meeting. Reviewing the information, it was noted there were three undeveloped properties in the Set Net Drive proposed local improvement district; the code indicated, "no assessment could be levied in excess of 25% of the fair market value of property after giving effect to the benefit accruing from the work or action for which assessed"; because the code conflict with the policy of council for 50% o£ all local improvement district costs to be paid for by the owners, several options were offered to council: • City could pay the extra $18,223 from grant funds. • Council could approve a slight change in policy to allocate costs on square foot basis plus an extra charge for the $18,223 to other eight property owners. • City could decide not to do the project. • Council could change KMC to do away with the 25% limit. KENAI CITY COUNCIL MEETING ~ NOVEMBER 16, 2005 PAGE 12 Kopp noted, he and the city attorney were developing an ordinance to address the 25% limit. Ross stated, because the city had paid for costs as a result of the cap in past improvement districts, he believed the same should be done for this district and council could address a code change in the future. Moore noted his agreement. MOTION: Council Member Ross MOVED, as a result of the 25% cap, the city pay from its funds the additional $18,233 for the project and Council Member Boyle SECONDED the motion. Ross clarified, the costs would be paid from the grant funds. VOTE: *Student Representative Krusen; Yes Mo Yes Swarner Yes Massie Yes Ross Yes Mollo Yes Bo le Yes Porter Yes MOTION PASSED UNANIMOUSLY. E-4. Resolution No. 2005-49 -- Opposing Integration of the Halibut Charter Fishery into the Existing Commercial IFQ System. Removed from the agenda. E-5. Resolution No. 2005-50 -- Opposing the Proposed Mixing Zone Revisions to the Alaska Water Quality Standards. MOTION: Council Member Swarner MOVED for approval of Resolution No. 2005-50 and requested UNANIMOUS CONSENT. Council Member Boyle SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING NOVEMBER 2, 2005 PAGE 8 support the motion as it would be the responsibility of those participating telephonically to be sure they were in a secure area and using a secure telephone line. Swarner stated she would not support the amendment as she felt council members acknowledge in taking the oath their responsibility to be participating in a secure area, using the most secure means of telephone available, etc. Ross agreed, and stated he believed a member participating in other parts of a meeting should participate in an any executive session that may also take place as part of that meeting. Massie agreed with both sides and added, he believed a member should not be participating from a cellular phone. VOTE ON AMENDMENT: *Student Representative Krusen: Absent Porter Yes Moore _ No Swarner No Massie Yes ~ Ross ~ No Molloy Yes ~ Boyle No ~ ~ ( ~ j MOTION FAILED. VOTE ON MAIN MOTION AS AMENDED: *Student Representative Krusen: Absent Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes Mollo Yes Bo le Yes MOTION PASSED UNANIMOUSLY. Swarner requested the ordinance be returned to council for review in one year. There were no objections from council. E-4. Resolution No. 2005-48 -- Directing the Continuation of the Project Entitled "Set Net Drive (From VIP Drive to Watergate Way)" and Designating What Improvements Are to be Included in This Project. MOT%ON: Council Member Moore MOVED for approval of Resolution No. 2005-48 and Council Member Ross SECONDED the motion. KENAI CITY COUNCIL MEETING NOVEMBER 2, 2005 PAGE 9 The floor was opened for public comment. Joe Corpus (Ruby Binghaml, 2610 Watergate Way, Kenai -- Mr. Corpus noted he and his wife sent a letter of objection to the project as far as their property was concerned; they felt the assessment was wrong; they as homeowners, should not be assessed on square footage when only the corner of their property was on Set Net Drive; the majority of their property is on Watergate Way; they own the lot along Watergate Way as well as a lot on Set Net Drive where their house is now situated. Corpus added, if they ever build on the now empty property, the house would front on Watergate Way, and whether Set Net Drive is paved or not would not matter to them as they do not access their property from Watergate. Corpus suggested, if they were to be assessed, they believed the correct assessment would be based on the frontage actually facing Set Net Drive. Corpus also stated he had never heard of an assessment based on square footage for an improvement on a road. Acting City Manager Semmens referred to the preliminary assessment roll which was included in the packet. He noted: • The Corpus/Bingham property was listed as No. 6 and the value of the Corpus unimproved property was listed as $14,500. • The Code states an assessment may not be levied greater than 25% of the fair market value of the property. • The Corpus property, as well as two additional unimproved lots valued at $14,500, would be charged more than 25% of the assessed value. • Three pazcels would not comply with the code. • A similar situation occurred with the assessment district for Schooner Circle and involved the property owned adjacent. With that LID, the other owners agreed to pay an amount higher than they otherwise would have in order to have the street paved. The same thing could happen with this LID, but no proposal to that effect had been made. • Council could choose to assess this property on a different basis, i.e. a lineal foot basis, however the normal assessment is based on square feet, however, the code provision did not preclude an assessment based on a different basis. • Council could choose to fund the shortfall (which could be more after the project is completed); council could choose to use the grant funds to cover the cost of the project which was not assessable to the three properties; or, council could choose not to go forward with the project. Molloy asked if the code required assessment on a square footage basis and Attorney Graves noted the code included wording to allow council to develop a different method of assessment. KENAI CITY COUNCIL MEETING 1. NOVEMBER 2, 2005 PAGE 10 Discussion continued in which concern was expressed the preliminary assessment roll was brought forward if it was against the code. Semmens noted, what could be done is assess the property to the 25% of value and then the city fund the excess or, as done in the Schooner Circle LID, the other owners could agree to pay a different amount. He added, in the past, other methods have been used, i.e. all the parcels paid an equal amount regardless of lot size and where one parcel was limited to ten percent and the remaining lot owners paid the difference. Semmens recommended council at least consider a lineal foot calculation to see if that type of calculation would bring the assessment on these parcels within the 25%. Ross noted, though Corpus did not use Set Net Drive to access his unimproved lot, he could sell the lot and a new owner could decide to access the lot from Set Net and be benefited by the paving. Ross added, his concern with changing from square footage was that the area in question did not have uniform lot sizes, and it was difficult for him not to want to use the square footage calculation. Corpus asked if he could appeal to the 25% assessment of the lot because it was unimproved. Ross agreed the city could not exceed the 25% of the assessed value. Ross stated he did not object to other calculations being prepared and not exceed the 25% of assessed valuation, but was not in favor of changing the calculation for one lot. Semmens noted, that would mean the municipal match grant share, instead of being half of the project ($110,000), would be approximately $18,000 more. Ross agreed and added, it would affect other lots situated in the same the Corpus lot was, i.e. unimproved property would be assessed at not exceeding the 25% which he did not believe would create inequities against those with residences. MOTION TO TABLE: Council Member Swarner MOVED to table the resolution until the next scheduled meeting with information brought back to council. Council Member Moore SECONDED the motion, Ross asked if there was a time issue on the resolution and Graves noted, there was a time issue to start the public hearing and suggested asking for further public testimony. There was no other requests to speak from the public. VOTE ON MOTION TO TABLE: *Student Representative Krusen: Absent Porter Yes Moore Yes Swarner Yes Massie Yes Ross Yes Molloy Yes Boyle Yes February 29, 2008 RE: SET NET DRIVE SPECIAL ASSESSMENT DISTRICT •- FINAL ASSESSMENT ROLL Notice of Public Hearing A public hearing will be held at 7:00 p.m. on March 19, 2008 in the Kenai City Council Chambers in the City Administration Buildang at 210 Fidalgo Avenue, Kenai, to hear objections to the final assessment roll on the Set Net Drive Special Assessment District. Lots to be assessed are listed on the enclosed Final Assessment Roll. The final assessment roll is also on file in the office of the Kenai City Clerk. At the public hearing, an owner of the property to be assessed shall have the right to present his objections to the assessment roll by showing errors and. inequalities in the assessment roll and by submitting any reason for amendment and correction of the assessment roll. KMC 16.10.160 provides, "The regularity or validity of an assessment may not be contested by a person who did not file with the City Clerk a written objection to the assessment roll on or before its confirmation." Objections to the (anal assessment roll should be taled in writing with the City Clerk on or before March 19, 2008 at 210 Fidalgo Avenue, Kenai, 99611 or cfreas@ci.kenai.ak.us. Objections may also be voiced at the public hearing. The total amount of actual assessments against properties which you own is shown in the enclosed Final Assessment Roll. It is the intention of the Finance Director to request the City Council to establish the following payment schedule: Assessments: A property Owner with assessments totaling: • $5,000 or less -- five equal annual installments • $5,001 to $10,000 -- ten equal annual installments • $10,001 to $15,000 -- fifteen equal annual installments • $15,001 -- twenty equal annual installments. When a property owner owns more than one lot in an improvement district, the total assessment of all the lots shall determine the repayment schedule. Set Net Drive/Notice of Public Hearing February 29, 2008 Page 2 Payment in Installments: • Installments shall include interest at the rate of ten percent (10%) annually. • Installments shall be due beginning on the first business day of July each year. • Payments shall be delinquent if not received by the first business day of July each year. • Annual payments shall be in equal installments, including ten percent (10%) interest. • Delinquent installments will be charged a penalty of ten percent 10%) on the entire installment with interest accruing at the rate of ten percent (10%) per year on the unpaid principal portion of the installment. Single Payment: Assessments may be paid in full without interest if received by July 1, 2008. According to Kenai Peninsula Borough property tax records, you are the owner of Parcel No(s). Attached is estimated cost information for this proposed project. If you have any questions with regard to the payment schedule, please contact Finance Director Larry Semmens at 283-8227. CITY OF KENAI ~~ °i~/~ <!~t,~ Carol L. Fre City Clerk clf Parcel # Property Owner Property Address Preliminary Assessment Actual Assessment 4941025 Driskill, Don H & Birlene 750 Set Net Drive $ 8,777.00 $ 5,381.79 4941024 Johnson, Ronald J 740 Set Net Drive $ 9,350.00 $ 5,733.14 4941023 Whannell, Jeffrey W & Pako Y L 2560 Seine Court $ 10,113.00 $ 6,200.99 4941017 Keating, Dennis R 620 Set Net Drive $ 8,777.00 $ 5,381.79 4941015 Chapman, Douglas A & Jill A 610 Set Net Drive $ 10,113.00 $ 6,200.99 4941037 Cobus, Ruby 2600 Watergate $ 9,731.00 $ 5,966.76 4941036 Copeland, Sam 615 Set Net Drive $ 8,777.00 $ 5,381.79 4941035 Hoogland, Cynthia A 2705 Seine Street $ 10,399.00 $ 6,376.35 4941033 Edwards, Phillip 735 Set Net Drive $ 13,070.00 $ 8,014.13 4941032 Burch, Robert S 745 Set Net Drive $ 10,304.00 $ 6,318.10 '941031 Netshert, Thomas N 755 Set Net Drive $ 10,590.00 $ 6,493.47 Total (11 Parcels) I $ 110,001.00 ~ $ 67,449.31 Page 1 of 1 Prepared by Rick Koch