2016-08-23 Joint Work SessionPage
CITY COUNCIL - BOROUGH ASSEMBLY
JOINT WORK SESSION AGENDA
Tuesday, August 23, 2016
Kodiak Library Multi -Purpose Room
7:30 p.m.
(Borough Chairing)
Joint work sessions are infomrial meetings of the Borough Assembly and City Council
where elected officials discuss issues that affect both Borough and City governments
and residents. Although additional items not listed on the joint work session agenda
are sometimes discussed when introduced by elected officials, staff, or members of
the public, no formal action is taken at joint work sessions and items that require
formal action are placed on a regular Borough Assembly and/or City Council meeting
agenda. Public comments at work sessions are NOT considered part of the official
record. Public comments intended for the "official record" should be made at a regular
Borough Assembly or City Council meeting.
A. Agenda
Public Comments (limited to 3 minutes each)
2-13 2. Building Codes/Building Inspection Program MOA
Building Inspection Program
14-15 3. Consolidation of City and Borough Governments
Consolidation Advisory Question
4. Communications Between the City and Borough
5. Update on Governor Walker's October Visit to Kodiak
B. FUTURE DISCUSSION ITEMS
Invitation to Legislators to Visit Kodiak
2. Lands Committee Update
3. Sharing of Information - City and Borough Strategic Plans
4. Updates From the Borough's Marijuana Task Force and City's
Marijuana Advisory Committee
Page 1 of 15
AGENDA ITEM #A.2.
Office of the
710 Mill Bay Road, Room 113, Kodiak,
MEMORANDUM
To: Mayor Branson and City Councilmembers
From: Aimee Kniaziowski, City Manager
Thru: Mike Tvenge, Deputy City Manager
Date: August 15, 2016
Subject: Building Inspection Program
SUMMARY: During the August 11, 2016, regular Council meeting, the Council
postponed the vote to terminate the joint Building Inspection Program MOA. This
postponement was intended to allow for discussion between the Borough and the City
elected officials at the August 23 joint work session to determine the best path forward.
City Administration continues to recommend initiation of the termination procedure as
described in Section 9 of the MOA, if mutually agreeable changes do not occur.
PREVIOUS COUNCIL ACTION: The City Council discussed the Borough's decision to
adopt the 1997 Uniform Building Code at its August 9 Council work session and
postponed the vote to terminate the program at its August 11 regular meeting.
DISCUSSION: The City and Borough conduct building inspections within the Kodiak
road system through a 1997 Memorandum of Agreement. The agreement strives to
maintain identical regulations that include but are not limited to: Uniform Building Codes,
National Electrical Codes, Uniform Plumbing Codes, Driveway Permits and ordinances
providing for fire safety review, approval of plans and specifications, and the
enforcement of State fire statutes and regulations.
An explanation of the Borough's decision to adopt the 1997 UBC centered on affordable
housing. The following are examples of financing requirements.
• Alaska Housing Finance Corporation has adopted the 2012 International
Residential Code.
• Building inspections are an AHFC requirement; if the City does not provide
inspections, someone licensed, insured, and certified must. This triggers an
added requirement for a PUR-102 (Attachment). Without the PUR-102, the home
is ineligible for AHFC financing until it is at least five years old and then would
only be eligible under the Non -conforming II Program. Non -conforming II means
benefits of the rural program would be unavailable to those
homeowners/purchasers i.e. lower down payment with no mortgage insurance,
rural non -owner occupancy allowance.
• United States Department of Agriculture -Rural Development has similar
requirements for home loans. USDA has adopted the 2012 IRC also.
Telephone (907) 48646401 Fax (907) 488.8800
manager@city.kod1ak.sk.us
1
Page 2 of 15
Building Codes/Building Inspection Program MOA
AGENDA ITEM #A.2.
Building Inspection Memo to Mayor Branson and Councilmembers
August 16, 2016
Page 2 of 2
Additional concerns of continuing the MOA at this time:
• The City of Kodiak maintains an agreement with the State of Alaska Fire
Marshall to maintain and enforce the adopted building and fire codes. 2012
IRC and 2009 IFC are the minimum standards adopted.
• If the MOA is terminated, the City is required to inform the State Fire Marshall
separating the Fire Marshall's Deferment of the City to inspect outside of the
City. This means the State Fire Marshall would then conduct the Borough
inspections.
• The City maintains general liability insurance as a requirement of the MOA. A
concern of the City's insurance broker states "the change in code
enforcement is a fundamental increase in exposure and either excludes the
activity or increases the insurance premium. I recommend the City prepare a
disclaimer and present it to every home owner requesting an inspection. The
disclaimer should clearly state the 1997 UBC is not current and the
homeowner may encounter problems related to this code inspection."
• The City and Borough agree to indemnity and hold harmless each other with
respect to uninsured claims or damages associated with implementation of
the agreement. (Section 6.c)
• The City Building officials have spoken out against the adoption of the 1997
UBC and do not want to inspect different building codes nor feel it necessary.
• The Joint Building Code Review Committee addressed the Borough
Assembly and spoke against the 1997 UBC ordinance.
ALTERNATIVES:
1) Council may vote to terminate the agreement as provided in Section 9, which
allows termination by either party upon ninety (90) days advance written
notice to the other party.
2) Council may increase the notification and terminate the MOA beyond 90
days.
3) Council may negotiate a new agreement with the Borough.
Terminating the agreement in 90 days or negotiating a new agreement will limit the risks
and concerns identified above.
CITY MANAGER'S COMMENTS: I recommend the Assembly and Council direct the
managers to negotiate a new agreement to be approved by both governing bodies, if
legally required. The current MOA is dated 1997, and changes within this agreement
need to occur if we are to move forward jointly for the betterment of the Kodiak
community. If this is not mutually acceptable, the current MOA would not be acceptable
to the City as written.
ATTACHMENTS:
A) Memorandum of Agreement between KIB and the City
B) AHFC PUR-102
Page 3 of 15
Building Codes/Building Inspection Program MOA
AGENDA ITEM #A. 2.
MEMORANDUM OF AGREEMENT
between the
KODIAK ISLAND BOROUGH and the CITY OF KODUK
BUILDING INSPECTION PROGRAM
On April 15, 1980, the Kodiak island Borough and the City of Kodiak established a single program
for Ore inspection of buildings within the Jutisdlction of both governments. In the past there has been
one bullding inspector/o0icial for each local govamment. This memorandum of agreement (MOA)
reestablishes the parameters of the single building inspection program that serves the residents of
both Jurisdictions, and replaces the original Building Inspection MOA of 1900.
Objectives
I, To provide fora single building inspection program for the City of Kodiak and the Kodlak Island
Borough.
2. To ensure a cansislentapplication of building regulations in the City of Kodiak and the Kodiak
Island Borough.
3. To reduce the total cost orlwilding inspection services In the Kodiak Island Borough and the City
of Kodiak.
4. To provide an economical, efficient, and effective building inspection program for residents of
the Kodiak Island Borough and the City of Kodiak
Points of Agreement
1. The Kodiak Island Borough (heremaner "Borough") hereby contracts with the Gty or Kodiak
(herelnaner "Gty') for building Inspection services. Personnel aspects of the program are the
responsibility of the City, and the building official and assistant building official shall be
employees of the City.
A This service will Include the following:
(1) a full-time building official;
(2) a fuli-time assistant building official;
0 uyla-halLOme a lministrnOUe assia{ant
(4) all other necessary and typical functions associated wish an operational building
Inspection program;
(5) administration and enforcement of Borough Code TiOe 15, Buildings and Construction,
Including issuing permits, checking plans, performing field inspections, maintaining
records of each permit, and maintaining statistical records;
Msmamnduma Ag=e N—Mdkgglmre lon Program
Km;akhland nomuglXilY or KMIak
Page 4 of 15
Building Codes/Building Inspection Program MOA
AGENDA ITEM #A.2.
(6) records will be kept on each building peril and will Include at a minimum, the
following applicable information: building permit applications, approved plans and
speclncations; the as -built site plan; compaction report on engineered fillet and
inspection reports on all inspections performed; and
(7) Issuance of a cm Ofrale of occupancy and/or Mal inspection report when construction,
for which a permit was issued, is completed. The borough assessor shag be provided
with a copy of all certificates of occupancy and/or fast Inspection reports on a monthly
basis.
B. The Borough will supply the office space for the building inspection program.
C. The City will supply the vehicle for the building inspection program.
D. The building inspection office will be fled Into both the Borough and the City telephone and
remote communication systems, and the BoroughA51400 computer For access to property
record files. Building Inspection program staff will implement the NTE Building Permit son.
ware application once it has been Installed and training has been provided by the Borough.
E Monthly and annual reports of building peril activities will be submitted on forms agreed
to by the Borough and the Cily.
2. In all cases, the building official will be responsible for ensuring that all structures are in
compliance with adopted codes. The Kodiak island Borough or the City of Kodiak may, on a
case-by-case basis, request from the building official approval to use allemaUve personnel for
ensuring that public construction projects meet adopted codes. The building official may deny
approval for the use of alternative personnel based on the lack or appropriate quallffcagons or
the personnel. All code compliance Inspection reports or similar records generated for public
construction projects shall become part of the building file maintained in the building Inspection
program office.
r
WgiaHs granted by the building omcral rotthe use crakemafve personnel, a permit fee will
W! chair cir Ole portion of the project inspected by the allemafve personriel; however,
the vafda of arry' portion ofa.publlccons W ctlon project inspected by alternative personnel will
be included in the project owner's, portion of the permit value calculations for building
inspection program operations. if building inspection program stair perform code compliance
Inspections for a pubic construction project, then the project will be charged the applicable
building permit, electrical peril, or plumbing peril fees, a7id Hit-project!of pordpn of the
,prljecbinspecled will not be Included Id;tire permit valde for ealciilaltons bugling inspection
.program operatiois.
The cost of -the building Inspection program will be split between the City and fhe Borough
based on the dollar value of the permits issued InsidO the City (Qty retponsiblfty) and outside
the City (Borough responsibility). Payments by the Borough shall be made promptly upon billings
submitted by the City.
3. The Community Development Department will work with lhebuilding inspection program office
to ensure adherence to this MDA is implemented. This MOA is not intended to replace current
day -today communications between stag, which are encouraged to continue. All policy issues,
Momonndom of AgrmmaN—fA,Wing awls. Pmgmm
Kadlek Wa Wemw vCRyofKmiok
Building Codes/Building Inspection Program MOA
pnpo7o14
Page 5 of 15
AGENDA ITEM #A.2.
whether City, Borough, orjoinl, will be rererred to the Borough Mayor and Cly Manager for joint
resolution.
A. The MOA for zoning compliance Is incorporated, in total, in this MCA and Is labeled
Appendix A.
B., The MOA for the building fire sarely inspection program for the Kodiak road system is
incorporated, In total, In this MOA and Is labeled Appendix 9.
4. The Borough and the Cly shall review and revise their respective Building Codes and strive to
maintain Identical regulations that include, but are not limited to, the following:
A. ICBrIlnifomrBuilding Codes;
B. National Electrical Code;
C. Uniform Plumbing Code;
D. Drivewaypernils;
E Ordinances providing for fire safety review and approval of plans and specifications, and the
enforcement of stale fire statutes and regulations; and
F. Building Valuations and kee Schedules. �
5, The Borough shall adopt an ordinance that shall require the Identification of lot corners in the
field prior to commencement of eenslrucdan.
6. Insurance
A. The City shall provide liability insurance. Upon request the City shall provide the Borough
with evidence of the insurance coverage in force at any time. If the Borough should
conclude that the insurance coverage obtained by the City is inadequate to protect Its
Interest, the Borough shall give the City written notice of Its concerns and shall request that
the Insurance coverage maintained by the City be broadened or increased In certain
particulars. If the City falls to agree to the Borough's request and obtain the broadened,
Increased coverage within thirty (30) days after receipt or the request, then the Borough may
ellherobWn such additional insurance coverage as It has requested and deduct the proven
cost thereor from any payments otherwise due to the Cty or terminate this agreement in
accordance with Section 9.
B. Any liability Insurance policy obtained by either the City or the Borough shall contain a
waiver oral] subrogadon claims against the other party.
C The Borough agrees to indemnify and hold the City harmless from any and all uninsured
claims or damages arising out or actions or amisslons or the staff of the building inspection
Mennnndum of Agn:emonl—euiWiag aupmction Pm$nm
Kodwk Island amaiglkCiry or Kodak
Building Codes/Building Inspection Program MOA
r.;yo3da
Page 6 of 15
AGENDA ITEM #A. 2.
program which are associaled primarily vdth Implementation of this agreement with respect
to property lying outside of the City and the City agrees to indemnify and hold harmless the
Borough from airy and all uninsured claims or damages arising out oractions or omissions
of the stag or the building Inspection program which are assoclaled primarily Wilt
implementation of this agreement with respect to property lying within the City.
7. The Borough and the City shall separately assume any legal costs associaled with building
Inspection program enforcement within their respective Jurisdictions.
8. It is the responsibility or the building inspection program stag to Initiate Borough and qty
building and related code updates. NI Borough and City code revisions that may arfect the
building inspection program shall beprovided lathe building official for review and comment.
9. This agreement may be terminated by either party upon ninety (90) days advance written notice
to the other party.
DATED this Win day of May, 1997.
KODIAK ISLAND BOROUGH
%ll
Jerome M. Selby,ir54l t
ArtesL
oo`p� %S6ht:6 p pROGG
t •••..• a. .s
%qb
Momamodum or Apmamva—rlutMing Inupualun Pmpmm
Kod:nt Istnnd nomuptyCily or KrxhA
Building Codes/Building Inspection Program MOA
CITY OF KODIAK
William D. on s, City Manager
Atlest:
04?14 -, 6"L7 cl. erg
Page 7 of 15
AGENDA ITEM #A. 2.
ZONING COMPLIANCE PROGRAM
Appendix A of the Building Inspection Program MOA
On March 1, 1994, the Kodiak Island Borough(Borough) and the City of Kodiak (City) estabrished a
coordinated procedure for the enforcement of zoning regulations within the city limits. This
Appendix replaces the original Zoning Compliance MOA of 1994, and protides a procedure for the
Inspection of zoning requirements through the building inspection program.
Objectives
1. To provide zoning compliance inspections in conjunction with building inspections.
2. To ensure a coordinated and consistent zoning compliance Inspection program.
3. To provide a specific and acceptable process that defines the responsibilities or the Kodiak
Island Borough and the City of Kodiak for Implementing zoning compliance Inspect ons as a
function of the building Inspection program.
Points of Agreement
I. No bullding permitvvill be Issued without written zoning authorization from the Borough, except
as may be olherwise provided for In the Borough Code.
2. Written zoning authorization by the Borough will be on a form provided by the Borough and
printed In a format mutually agreed to by the City and the Borough. The format shall include at
a minimum the following information:
A. property comer markers with Idenfificatlon or other acceptable markers must be in place
and available for verification of setback distances; and
B. applicant acknowledgment that the information provided on the authorization is corec4 and
that the applicant agrees to comply vrith all ordinances and laws regulating zoning com-
pliance.
3. The written zoning authorisation will be specific in its Identifica6an of regulations that require
compliance, Including any approvals or conditions specified by die Borough Planning and
Zoning Commission.
4. While conducting site inspections as part of the building permit process, it will be the
responsibility of the building inspection program staff to note all violations of the written zoning
authorization and to Inform both the applicant and the Borough Community Development
Department of any violations Including, but not limited to, the following:
a. setback requirements;
Appendix A. Mewrunclum of AgreuncM—anading Impedim, Prui mn,
U&N can.rhianc Rogram
Page 8 of 15
Building Codes/Building Inspection Program MOA
AGENDA ITEM #A.2.
b. height restdcdons;
m off-street paridng requirements and development standards; and
d. permitted uses.
S. In cases of confusion orconMct between the applicant and the building Inspection program staff
over elther the wduen zoning authorization or the Imposition or specific zoning regulations, the
Issue will be brought to the Community Development Department for resolution.
6. In cases when there are violations of both the zoning and building codes, the Community
Development Department and building inspection program staffs shall engage in Joint
enforcement action to the greatest extent possible. This includes, but Is not limited to, Joint
signatures on violation letters and Jointslte Inspections,
Anranduh Mamoron&m or A2..wn1—aaiWlns lmpacaon Pmpmm
ZwJngCamMhrice Pmynm Pnpo 2 of 2
Page 9 of 15
Building Codes/Building Inspection Program MOA
AGENDA ITEM #A.2.
BUILDING FIRE SAFETY INSPECTION PROGRAM
Appendix B of the Building Inspection Program
The Kodiak Island Borough and the Gty of Kodiak wish to establish a coordinated building
Bre safety Inspection program throughout each respective jurisdiction.
Objective
To enfon:e State fire safety laws as established in AS 18.70 and AS 18.72 and all regulations
adopted pursuant to these statutes through a local building fire safety program.
Points of Agreement
1. It will be the responsibility of the City of Kodiak Fire Department to administer and enforce the
requirements of the building fire safety program on the contiguous Kodiak road system.
2. Inspections requested by the Borough will be scheduled In as timely a manner as possible by
the City Fire Department.
3. The Borough shall be financially responsible for the building Ore safety Inspection program
outside the boundaries of the City.
Argeidia n, Main=dum urApm nwn1—nuW4tS lnsr tllan Pmgnin
BWIWInR MmsdVIV Impw,.n pmg.,n Pngc arI
Page 10 of 15
Building Codes/Building Inspection Program MOA
Masdak
Housing
,vu FCCAP An i
Owner of record:
Owner of record is: r Owner -builder
Legal description:
Site address:
AGENDA ITEM #A.2.
SUMMARYOF BUILDING INSPECTIONS
Site -Built Construction
r Licensed residential contractor
(Include recording district)
This certification Is Issued pursuant to the requirements of AS 18.56.300 and AHFC's regulations 15 AAC
150,030. Use of alternate methods of inspections, such as videos, must have PRIOR WRITTEN
APPROVAL of Alaska Housing Finance Corporation.
By my signature below, I certify I have the current, applicable certifications of authority. I am not
personally or financially related to the builder, seller, buyer, real estate agent, or other Interested party
forth Is project, other than as a fee Inspector.
1. PLAN APPROVAL
Printed Name Signature License B' Date
2. COMPLETION OF FOOTINGS & FOUNDATION
Printed Name Signature License a' Date
Footings
Foundation
3. COMPLETION OF FRAMING, ELECTRICAL, PLUMBING, & MECHANICAL
Printed Name Signature License 8' Date
Framing
Electrical
Plumbing
Mechanical
Recorder, index by Legal, Owner, and Builder
10
Building Codes/Building Inspection Program MOA
Form PUR-102
Page 1 of 2
01/12
Page 11 of 15
AGENDA ITEM 4A.2.
Legal description:
4. COMPLETION OF INSTALLATION OF INSULATION AND VAPOR BARRIER
Printed Name Signature License B• Date
5. CONDITIONAL APPROVAL
Items to be completed:
6. FINALAPPROVAL
Printed Name
Printed Name
To be completed by:
Signature License V Date
Signature UcenseV Date
•License 9 is the inspector's Registration R under AS 08.18 and AAC 22
Under penalty of perjury, by my signature below, I certify that the required Inspections have
been completed and the building meets or exceeds standards set forth under AS 18.56.300
and 15 AAC 150.030. 1 also certify that any/all engineered components are currently listed
with the International Code Council (ICC) and to my knowledge there has been no action to
rescind ICC approval. I further certify that the information below is true and correct
Builder's Signature:
Builder's Name:
Residential Endorsement u:
Business Name:
Dated:
Date:
Builder's License #:
(Ifappllcabie)
City: State: Zip:
Before me, a Notary Public in and for the State of Alaska,
has executed the foregoing document of his/her own free will.
(Notary Signature)
My Commission expires:
Recorder. Index by Legal, Owner, and Builder
11
Building Codes/Building Inspection Program MOA
Form PUR-102
Page 2a or 2
01/12
Page 12 of 15
AGENDA ITEM #A.2.
Legal description:
4. COMPLETION OF INSTALLATION OF INSULATION AND VAPOR BARRIER
Printed Name Signature License A• Date
5. CONDITIONAL APPROVAL
Items to be completed:
6. FINALAPPROVAL
Printed Name
To be completed by:
Signature LicenseA-
Date
Printed Name Signature License A' Date
"License # is the inspector's Registration # under AS 08.18 and AAC 22
OWNER -BUILDER'S CERTIFICATION
Under penalty of perjury, by my signature below, I certify that the required inspections have
been completed and to the best of my knowledge the building meets orexceeds standards
set forth under AS 18.56.300 and 15 AAC 150.030. 1 further certify that I qualify as an owner -
builder under AS 08.18.161(12) for I have not built a single family building, duplex, triplex,
four-plex or commercial building within the prior two years.
Owner's Signature:
Owner -Builder's Name:
Address:
City: State:
Before me, a Notary Public in and for the State of Alaska,
Date:
rz
has executed the foregoing document of his/her own free will.
(Notary Signature)
My Commission expires:
Recorder. Index by Legal, Owner, and Builder
12
Building Codes/Building Inspection Program MOA
Form PUR-102
Page 2b of 2
01/12
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Introduced by
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Adopted on
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY 2017.02
AGENDA ITEM #A.3.
Assembly Member crow
Assembly Member Crow
Borough ClerkrAssembly
Member Crow
0 712 112 016
00/04(2016
08/04/2016
08/0412016
A ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY
AUTHORIZING THE SUBMISSION OF AN ADVISORY QUESTION
TO THE QUALIFIED VOTERS OF THE BOROUGH AT THE
OCTOBER 4, 2016 REGULAR BOROUGH ELECTION TO
DETERMINE WHETHER THE PUBLIC SUPPORTS THE IDEA OF
CONSOLIDATING THE KODIAK ISLAND BOROUGH AND THE
CITY OF KODIAK INTO A SINGLE UNIT OF GOVERNMENT
WHEREAS, one of the priorities stated in the adopted Strategic Plan Resolution No. FY2016-
32 of the Assembly is to explore the potential impacts of consolidation; and
WHEREAS, one of the policies adopted In the January 2008 KIB Comprehensive Plan
Update is to consider consolidation of local governmental functions of agencies,
Including among the City of Kodiak and Kodiak Island Borough; and
WHEREAS, it would be of the best interest of the residents of the community to explore the
potential impacts of consolidation; and
WHEREAS, consolidating the Kodiak Island Borough and the City of Kodiak into a single unit
of home rule government may result in a more efficient single unit of government; and
WHEREAS, the proposed question below is designed to allow the electorate to advise the
Assembly as to whether they support the idea of consolidating the Kodiak Island Borough and
the City of Kodiak into a single unit of government; and
WHEREAS, the proposed question does not place any requirements on the Assembly, but
rather an advisory from the electorate; and
NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that the Borough Clerk shall submit a non-binding advisory question to the qualified
voters at the October 4, 2016, regular Borough Election
ADVISORY QUESTION NO. 1
Advisory Vote On The Idea Of Consolidating Governments
Should the Kodiak Island Borough pursue the idea of consolidating the Kodiak Island Borough
and the City of Kodiak into a single unit of government?
O Yes
O No
Kodiak Island Borough Ordinance No. FY2017-02
13 Page 1 of 2
Page 14 of 15
Consolidation of City and Borough Governments
AGENDA ITEM #A.3.
51 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
52 THIS FOURTH DAY OF AUGUST, 2016
ATTEST:
_*7t
53 Nova M. Javier, C, Borough Clerk
Kodiak Island Borough
Consolidation of City and Borough Governments
KODIAK ISLAND BOROU H
rrol Frie ough Mayor
Ordinance No. FY2017-02
14 Page 2 of 2
Page 15 of 15