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2018-04-12 Work Session Items marked with * are proposed under consent agenda. PUBLIC HEARING Ordinance No. FY2019-01 Ordinance No. FY2018-21 CONTRACTS Contract No. FY2018-29 Contract No. FY2018-30 RESOLUTIONS Resolution No. FY2018-23 *Resolution No. FY2018-28 Resolution No. 2018-33 ORDINANCES FOR INTRODUCTION Ordinance No. FY2018-04C Ordinance No. FY2018-20 EXECUTIVE SESSIONS AGENDA ITEM #2.a. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 12, 2018 ASSEMBLY WORK SESSION SUBJECT: ORIGINATOR: RECOMMENDATION: DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: system,and zoning BoroughCode elect taketo local the may to (“UMOT”) enforcing made Borough . in Offenses . the face Minor doingso thatmustbe of Uniform violationsthat use . thatmunicipalities Alaska’s land modifications basedenforcementprogram municipalities benefitsandchallenges ReviewtheadministrativestepsthattheBoroughmust OFFENSES SYSTEM ALASKA’S UNIFORM MINOR Minor of ; Rules prosecuteoffenses approvedprocedures procedure,fairness - .” to in Alaska enforcementprocessby court the uniformity tiedtothe Boroughstaff and advantageof basedenforcementprogram promulgated - burden taking permitting System simplicity unjustifiableexpenseanddelay costsby “secure simplified,citation theadministrative AlaskaCourt Ensuringdueprocessby municipalordinancewhen a ; enforceordinanceswhentheprescribedpenalty . enforce 00 . to to . 000 $1, only UMOT than beused valuablelicense . mandatory the courtappearance is a hearing : a if fine, Fines,and of appearance demand to Schedule right or, ; a simplypayingthe courtappearances by Fines of of municipality’s explicitlystatesthatthe mandatory defendanthas . the Schedule Fines determinewhichoffensesrequiremandatorycourtappearances,and bedispensed thatthe optional beassigned on associated ; violations UMOT into ; ; junkvehiclesandotherjunk incorporate watercraft and, to of; storageof and relatedordinances fireworks andwastestorage,accumulationanddisposal haselected Improperoperation CURRENT LAND USE ENFORCEMENT PROCESS recourse only andOrder Borough’s Violation of DevelopmentDepartment CourtesyandAdvisory the a Notice a . issues Community issues CDD the . areunsuccessful, CDD complaint, discovered, attempts continues, compelcompliance andrequestingcompliance or any activityleadingto ; or and/or, ; structures : preparatory or towithin20days structure land directs other or of or unlawfulstructures, buildingpermits,variances, land a of of CDDthat of generalright a construction unlawfuluses of of revocation ; abatement unlawfuluse provides decision”issuedby ThediscontinuationThediscontinuation . . . superiorcourt appeal order lifted AlaskaSupremeCourt tothe an its be Adjustment . tothe enforce thestay to orderwhen Boardof may Commission thenbeappealed courts tothe may thenbeappealed Zoning tothe exhausted & is may beappealed return to Planning may appealsprocess Adjustment’sdecision 020(B)automaticallystaysCDD’s Thesuperiorcourt’sdecision to intothe . the hearing . pay a believe incurs to to court elect requestpaythemover thatit the also may costs hasbeenincorporated may willthen they . probablecause that is defendantand defendants violations thecitation, ordinance theadministrative code bothtothe whenthere ofan contest cover mandatory, alleged delivered Oncepenaltiesarecollected,courtsystem ; etc . only land of for additions unlawfuluse appeal an to unlawfuluses of ; buildingpermits,variances, of toadministrative unlawfulstructuresand of constructionleading right discontinuation a of the revocation compliancepermit grants abatement Thediscontinuation BASED ENFORCEMENT IMPLEMENTING UMOT STEP ONE: ENFORCEMENT VIA UMOT SELECTING ORDINANCES FOR UMOT violations UMOT into enforce to used useordinances land thoseboroughsregularlyuse mostcommonly that . incorporate be to to appear compliance . use violations comply land to : of issueby types forongoing defendant the some compliancepermitvs . that . zoning fact a courtorder seekjudicialinterventionbymeans the timecitation to - to thatthe one a whennecessary abletoalleviatethispotential partdue itsauthority failuretoobtain Prescribingmandatorycourtappearanceshearingsrequesting . separatemechanism complement a as wholly compliance - a . of non to bestused is replacement a penalties to UMOT that attaching opposed as codecompliancebymeans decide Encouragescomplianceby STEP TWO: REQUIREMENTS CONFORM VIOLATIONS TO UMOT ADOPT LEGISLATION NECESSARY TO OffenseProcedure,so . Minor of WOULD . AlaskaRules offenses the appealsareadministered . penalties/fines,anddesignatewhethercourtappearances with of courts Borough . the administrative conformity WHAT THIS LEGISLATION centralizedschedule implementanynew beprocessedby mandatoryoroptional ordinances reference its a maximums amend . amount,andexplainswhether the must law theviolation, penalty . a . Borough include the to doesnotexceed infraction an Code,sets Fines UMOT, that of than Borough penalty OffenseProcedureandAlaska more optionalormandatory Schedule violationsinto 303 fill), of abuilding the permit requirements as a and compliance community Section meets conversion zoning Code : provisions applicable or withthe regulations, Any (excavation . that application filed repair, Building following be revocation grading .Ifthe ensure property applicable will tothe and to the Uniform other ). forsite subject (see and department 020 required compliance suspension, 05 locatedon the be 15 thistitle by . are required zoning may by department, expiration, provided constructionproject adoptedunderKIBC establishment,moving,alteration,enlargement, 17.15.060 Zoning compliance 12 OffenseProcedure AS Minor of otherentitlementissuedunder orderissuedunder or punishablebyafine an Rules is . beimposedunder 00 . to Alaska thistitle, 300 of $ conviction inthe than upon more and defined anyprovision aconditionaluse,variance not surchargerequired andremedies. termis amisdemeanor STEP THREE: ALASKA COURT SYSTEM SUBMIT DOCUMENTATION TO beadded the to ensureconsistency amount . to defines fine that eachoffense for 550 documentation - all BoroughCode : FormTR . the courtappearances,the review of includes will System offense recommendanynecessaryrevisions that section the staff withoptional completedAlaskaCourt STEP FOUR: PREPARE BOROUGH STAFF TO ADMINISTER ENFORCEMENT SYSTEM doso? to amounts fine enforcementsystem of the receipt administer members? will monitoring for staff members multiple oneperson? haveadequatepersonnelandfinancialresources beresponsible . actively bedismissed? may administration ? . Boroughstaff citations govern will to or correctible tocitation? based, - offensesbe enforcementmeasures andprocedures of some programbecomplaintwarningsbeissuedprior Aretherecircumstancesunderwhich . applicable OffenseProcedure . Minor of manuals tocitations,if Rules with . . andprocedures areissuedprior forms conform that forms policies Intakeandtracking ; considerations peace the constitutional . . enteruponprivateproperty . to evidence, of hasoccurred staffasofficersof enforcement authority upondefendants with violation collection a . that citations ofBorough enforcement memberscharged Investigationpractices,Circumstancesunderwhichcollectedevidencegivesenforcement QUESTIONS FREQUENTLY ASKED Borough the with . UMOT codecompliance departmentscharged promote timethat enforcementsystembasedupon of . efficiently an whichassessedfinesarerecoveredby at amount violations uniformlyand implementing itimparts . efficiencies tothe potentialviolations enforcementdue of notcreateanynew to . . UMOTasan landuseenforcementprogram codeenforcementcommittees, UMOT a into process initiating implement by to theinitial formingadhoc years two bereduced as may notcompleted long still tookas have haveexperiencedsuccessby implementation offensesthathavealreadybeenincorporated whichhavereviewedandapprovedproposedchangesprior penaltiesenforcedbythe staff the legal and with legislation,train citations, . of administeringtheBorough’scodeenforcement tools ofuse prepare the to thecostsassociated by investment simplified isabletoavoid andotherenforcement initial reducetheoverallcosts QUESTIONS AGENDA ITEM #2.b. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 19, 2018 ASSEMBLY REGULAR MEETING SUBJECT: ORIGINATOR: RECOMMENDATION: DISCUSSION: Shelter/Library Construction AGENDA ITEM #2.b. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 19, 2018 ASSEMBLY REGULAR MEETING Water Supply TOTAL ESTIMATE$137,000 Generator TOTAL ESTIMATE$75,000 AGENDA ITEM #2.b. KODIAK ISLAND BOROUGH STAFF REPORT APRIL 19, 2018 ASSEMBLY REGULAR MEETING Budget/Funding Item Budget Funding TOTAL ESTIMATE $643,600 Summary ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #2.b. AGENDA ITEM #2.b. MEMORANDUM DATE: 2/28/2018 TO: Kodiak Island Borough Assembly through Michael Powers, KIB Manager FROM: David Conrad RE:Chiniak Shelter / Library Update This memo has been prepared to provide an update on the progress and status of the Chiniak Shelter / Library Project per your request. Current Status: On February 20,2018 the construction project for the replacement structure was advertised to bid with a closing date of March 20, 2018. A pre-bid meeting was held at the KIB Projects Office on March 1, 2018. The application for zoning compliance has been submitted for review and approval and is scheduled for the March 14and March 21 Planning and Zoning meetings. Project Development: The E/F staff has worked with the Chiniak area residents in the development, planning and design of the proposed replacement facility to be constructed on the original building location. The preliminary drawings were reviewed and forwarded to the insurance company, AML/JIA for review and submittal to the third-party insurer, McLarens and their construction review firm, Young and Associates. After the initialinsurance review,comments of the preliminary drawingswere received and analyzed. Adjustments to the design weremade to reduce the overall costand scope of the proposed design. The E/F staff worked with Jenson- Yorba- Lott to adjust the design to closer fit the initial comments of the insurance team. The KIBhas placed the insurer on notice that continued adjustment of the design and drawings would deplete the design funds allowable by the insurers. The KIB has statedin writing that once the design budget had been exhausted the insurer would be required to pay for any additional design work. To date the KIB has received an initialinsurance payment of $383,877 towards for the design and construction effort. The insurers have calculated that based on the adjusted drawings, the design and construction cost estimate is $29,238 over the Replacement Cost Value (RCV). The KIB staff has provided information to the insurer that identifiesperceived shortfalls regarding construction methods, updated product use and design omissions not considered by the insurer. As the original facility was constructed approximately 30 years ago, multiple codechanges associated with the various building systems and methods have greatly changed. These are not limited to the more restrictive requirements for seismic and uplift engineering standardsand practices.Factors such as consideration for Page 1 of 3 AGENDA ITEM #2.b. critical structure design criteria, compliance with the Americans with Disabilities Act, have not been included in their evaluation. The staff continued to provide information to the insurers that controverted their estimated value of the RCV with little or no change to the originally calculated value. In mid-January the KIB was contacted by Jeff Lucas, Senior Casualty Claims Adjuster for AML/JIA. During this phone conference, Mr. Lucas advised the staff that in his experience the third party has appeared to dig in regarding adjusting the RCV and that the KIB should consider packaging the request for proposal and advertising the project. This action would clarify the actual cost of the construction project so that real world cost can be explored further. After consultation with Mr. Powers, staff was directed to put the job out to bid. The plans were then put before the Architectural Review Board and approved with minor changes. As stated earlier this project is currently out for bid and bids are due March 20, 2018. Water Supply: Even though the building is currently out for bid there is no defined plan for a water supply. The original Shelter/Library structure water supply was pumped up to the facility from the Chiniak School water system but the school water system is not a feasible option. Over the past several years, non-compliant levels of fecal coliform have been detected in the required water sampling protocols, and currently the KIBSD is in voluntary compliance with the ADEC for a boil only order for the school facility. This situation is most likely due to the current use of a shallow well that is being infiltrated by surface water. The deep well located near the school facility had been previously contaminated by fuel oil. Because of these issues, during the development of this project, conversations regarding a new shared water well for the Shelter/Library and the school have been conducted. The KIB staff have discussed the potential to drill a commercial water well on the Shelter /Library property. This property is up gradient from the school in an undeveloped area bordered by KIB property. Staff believes that the 200-ft. separation distance required between a well and the existing septic can be achieved within the current property boundaries. This idea had been briefly discussed in a prior Assembly Work Session by Mr. LeDoux. After discussions with the KIBSD and KIB staff, the KIBSD has provided a letter in which Mr. LeDoux states “I recommend that the District commit to the funding required to provide staff training / certification, water testing, water treatment and minor maintenance associated with the operation of a new water system to provide safe drinking water to the Chiniak School provided that the systemwill not be used as a public water supply.” This correspondence has been provided in the packet for reference. Funds are currently available in the KIB Engineering and Facilities budget from rental payments by the KIBSD. A portion of these existing funds could be designated for the development this drinking water well and associated treatment system and building. This action would benefit both entities. KIB staff has discussed the potential of the installation of a well with the local well driller and KIB maintenance contractor to obtain preliminary estimated costs. A short access road and 20ft. x 50 ft., gravel pad is required for the placement of the well drilling equipment. Initial discussions with Mill Bay Drilling suggest that a commercial well, drilled to a depth of 200 ft. with forty foot of steel casing would cost between $12,000.00 and $15,000.00 thousand dollars. Discussions Page 2 of 3 AGENDA ITEM #2.b. with the well driller and area residents have resulted in a conclusion that a200-ft.depth well will hold approximately350 gallons of water with an estimated recharge of one to two hours on average. This cost is assuming that the processed rock left at the nearby A-1 Timber quarry site can be used for this purpose. Processed graded rock will not be required for the road or pad construction. The access road and equipment pad required is estimated to be at a cost of less than $25,000.00. This would consist of a pioneer road constructed to support the weight of the drill truck and flatbed with drill stem. Construction of this work pad would provide the start for a foundation or slab on grade concrete floor to cap the well and provide adequate space for water treatment equipment and storage at the well site. The anticipated well house based on a 300-sq. ft. building, including the well pump, pressure tank, storage vessel and treatment equipment is preliminarily estimated at $175, 000.00. Currently $314,000.00 dollars are available in the E/F budget that could be designated for this project component. At this time, staff recommends that consideration for this additional work be delayed until the bids are received and processed for the facility construction of the Shelter / Library. At that time consideration for both projects can be fully evaluated and direction provided for the continuation of the discussed projects. If you require additional information, please contact me at your convenience. Page 3 of 3 AGENDA ITEM #2.b. AGENDA ITEM #2.c. AGENDA ITEM #2.c. AGENDA ITEM #2.c. AGENDA ITEM #2.c. AGENDA ITEM #2.c. AGENDA ITEM #2.c. KODIAK ISLAND BOROUGH Meeting Type: A} S -0141Y LJMc5�551011 Date: 04 -I I V Please PRINT your name legibly Please PRINT your name legibly Sig u�- �Jlo 24N � Metr4-iry -r� co 'C, V\I l g/1�5 1 r �4.1 Pick Y� awe � � r�-ih G(rn:i D �c r- ,, Yn I �. -e, Ht4Ak L fl d C- mcCoo ) r✓ CW 5,Zc) WOU D Y i�CN L tlJ CT- tiQt QtV IImA70g"zo mure-� � Lxj- Sig u�- �Jlo