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2019-08-15 Regular Meeting AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting August 1, 2019 APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF MINUTES CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) AWARDS AND PRESENTATIONS COMMITTEE REPORTS PUBLIC HEARING Page 1 of 5 AGENDA ITEM #5.A. Page 2 of 5 AGENDA ITEM #5.A. BOROUGH MANAGER'S REPORT MESSAGES FROM THE BOROUGH MAYOR UNFINISHED BUSINESS NEW BUSINESS A.Contracts B.Resolutions C.Ordinances For Introduction Page 3 of 5 AGENDA ITEM #5.A. D.Other Items CITIZENS' COMMENTS ASSEMBLY MEMBERS' COMMENTS Announcements Page 4 of 5 AGENDA ITEM #5.A. EXECUTIVE SESSION ADJOURNMENT Page 5 of 5 AGENDA ITEM #7.A. KODIAK ISLAND BOROUGH STAFF REPORT AUGUST 15, 2019 ASSEMBLY REGULAR MEETING SUBJECT: ORIGINATOR: RECOMMENDATION: DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #7.A. AGENDA ITEM #7.A. AGENDA ITEM #7.A. AGENDA ITEM #7.A. AGENDA ITEM #7.A. AGENDA ITEM #7.A. AGENDA ITEM #7.A. AGENDA ITEM #7.A. AGENDA ITEM #10.A. Managers Report Michael Powers ICMA CM August 15, 2019 Activities Managers Report-Hopefully I am back on track. Hospital-The temporary tank has been moved into place and is in use. We have 2 boilers still connected to the larger tank that provide hot water for the laundry. The propane heating system has been installed and is being run parallel to verify it is meeting requirements and we will disconnect the fuel oil boilers as soon as Providence is ready. That tank and associated lines will be drained. The Tank will be removed. We are working with Providence on the ultimate location. We met with ADEC regarding the spill and reviewed our efforts and plans. They appear supportive of monitoring wells as opposed to excavation. Middle Bay/Lake Orbin Culvert installed. We have addressed the dust issue and paving will be several weeks out. I want to compliment and note the hard work by Engineering and Facilities staff on this project and their quick response to the challenges of the project Bond Refunding-Long Term Care Center-we are working with bond counsel and the State regarding the bonds at the LTC. While we wont have a new lease in place, we are working on a work around agreement for the refunding. School CIP-We will be doing more project study reports (30% design) work in conjunction with projects on the School CIP in order to increase our chances of funding. Funding is on a points system and additional points are added to projects that have preliminary design completed. This process has become more and more prevalent in a variety of funding areas (transportation, community development, parks) and we intend to take advantage of it. Upcoming I will be out of the office August 22 and 23, 2019. During my absence, Dave Conrad will be in charge. I will be attending the International City/County Managers Association Annual Conference (training) October 18 to October 23, 2019 (funding dependent). AGENDA ITEM #13.A.1. LPEJBL!JTMBOE!CPSPVHI TUBGG!SFQPSU BVHVTU!26-!312: BTTFNCMZ!SFHVMBS!NFFUJOH TVCKFDU; PSJHJOBUPS; SFDPNNFOEBUJPO; EJTDVTTJPO; BMUFSOBUJWFT; GJTDBM!JNQBDU; PUIFS!JOGPSNBUJPO; AGENDA ITEM #13.A.1. AGENDA ITEM #13.A.1. AGENDA ITEM #13.A.1. AGENDA ITEM #13.A.1. BaysideFireDepartmentPaving Fmjnjobufqbwjohjo uijt31(y31(bsfb 4# btqibmu qbwjoh 65' 100' 120' Fyjtujoh btqibmu 10' Fyjtujoh ~12' dpodsfuf 50' 6#!4#! 10' btqibmu qbwjoh Alldimensionsareapproximate- Sheet01-OverheadView contractortoverify Kodiak Island Borough Project Expense Performance Report Life-to-Date To: 7/25/2019 Project NumberDescriptionStatusBudgetExpensesEncumbrancesBalance% Used Project: 19010Fire Protection Area # 1 Paving (450-550)Active Sub Project: 5ConstructionActive Sub Project 5 Total:$55,000.00$0.00$0.00$55,000.00% Sub Project: 7Indirect Administrative OverheadActive Sub Project 7 Total:$5,000.00$2,456.31$0.00$2,543.6949% Project 19010 Total:$60,000.00$2,456.31$0.00$57,543.694% Grand Total:$60,000.00$2,456.31$0.00$57,543.694% AGENDA ITEM #13.A.1. Thursday, July 25, 2019 User: Matt GandelPages: 1 of 1 AGENDA ITEM #13.C.1. LPEJBL!JTMBOE!CPSPVHI TUBGG!SFQPSU BVHVTU!26-!312: BTTFNCMZ!SFHVMBS!NFFUJOH TVCKFDU; PSJHJOBUPS; SFDPNNFOEBUJPO; EJTDVTTJPO; BMUFSOBUJWFT; GJTDBM!JNQBDU; PUIFS!JOGPSNBUJPO; AGENDA ITEM #13.C.1. PUBLIC HEARING CASE E JUNE 19, 2019 PLANNING AND ZONING REGULAR MEETING CASE 19-021 AGENDA ITEM #13.C.1. PUBLIC HEARING CASE E JUNE 19, 2019 PLANNING AND ZONING REGULAR MEETING CASE 19-021 AGENDA ITEM #13.C.1. PUBLIC HEARING CASE E JUNE 19, 2019 PLANNING AND ZONING REGULAR MEETING CASE 19-021 AGENDA ITEM #13.C.1. 1 2 3 4 5 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCENO.FY2020-02 9 10 AN ORDINANCEOF THE ASSEMBLY OF THE KODIAK ISLANDBOROUGH AMENDING 11 VARIOUS CHAPTERS OF TITLE 16 SUBDIVISION 12 13 WHEREAS, 14 15 16 WHEREAS, 17 18 19 WHEREAS, 20 21 22 23 WHEREAS, 24 25 26 WHEREAS, 27 28 29 30 WHEREAS, 31 32 33 34 WHEREAS, 35 36 37 WHEREAS, 38 39 40 WHEREAS, 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 43 BOROUGH THAT: 44 AGENDA ITEM #13.C.1. 45 Section 1: 46 47 48 Section 2: 49 50 51 Chapter 16.10 52 GENERAL PROVISIONS 53 54 55 16.10.030 Scope and jurisdiction. 56 57 58 59 60 61 62 63 64 65 offers to 66 sell, 67 violation 68 offered for sale, 69 sale offer, 70 71 72 73 74 75 76 77 78 79 80 81 82 platting authority 83 84 85 86 87 88 AGENDA ITEM #13.C.1. 89 90 91 92 93 16.10.050 Waivers. 94 95 16.30, 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 and sign a “certificate of waiver” approving 126 the subdivision 127 128 129 130 131 132 133 AGENDA ITEM #13.C.1. 134 135 136 137 138 139 140 141 142 n18 inch by 24 inch or 24 inch by 36 inch paperthe instrument in lieu of 143 a plat which creates the subdivisionor other boundary and legal description 144 document meeting the requirements for a certificate of waiver 145 146 as satisfactory evidence that the subdivision meets the requirements of this 147 section, and may be used for recording the subdivision. 148 149 Section 3: 150 151 152 Chapter 16.20 153 DEFINITIONS 154 155 156 16.20.040 C definitions. 157“Certificate of waiver” means a written instrument in lieu of a plat which creates a 158 subdivision. It contains the approval of the community development director as provided 159 for in KIBC 16.10.050(C), the legal description of the parcels created by aliquot parts or an 160 attached certificate of survey, is executed by the owners of the property affected, and 161 certified and recorded by the community development director or designee. 162 163 164 165 166 167 168 169 170 171 172 173 16.20.130 L definitions. 174 175 or other subdivision 176 177 AGENDA ITEM #13.C.1. 178 179 180 181 182 183 C. Flag Lot. A lot where access to the public road right-of-way is provided by a narrower 184 extension of the lot encompassing a driveway (commonly referred to as a flag stem). 185 186 D 187 188 189 190 1. When calculating flag lot depth, the narrower extension of the lot that provides access 191 to the public road right-of-way (flag stem) shall be excluded. 192 193 E 194 195 For parcels that are only legally 196 accessible by navigable waterways, the lot frontage shall be all property that abuts said 197 waterway atmean high water (waters subject to tidal action) or ordinary high water (waters 198 not subject to tidal action). 199 200 For other 201 subdivision 202 203 G 204 205 206. For parcels that are only legally accessible by navigable waterways, the front lot line 207 shall be that boundary of the lot measured along the edge of said waterway at mean high 208 water (waters subject to tidal action) orordinary high water (waters not subject to tidal 209 action). 210 211 H 212 213 214 215 I 216 217 J 218 219 220 221 1. When calculating flag lot width, the narrower extension of the lot that provides access 222 to the public road right-of-way (flag stem) shall be excluded. AGENDA ITEM #13.C.1. 223 224 225 16.20.170 P definitions. 226 a lot in single ownership or under single control 227 usually considered a unit for the purposes of development 228 229 230 231 232 233 234 235 236 237 238 239“Platting authority” means the planning commission, or in the case of waivers and 240 abbreviated plats, means the community development director. 241 242 Section 4: 243 244 245 Chapter 16.30 246 ABBREVIATED PLAT 247 248 249 16.30.010 Use of abbreviated plat. 250 251 and final 252 253 254 255 16.30.020 Eligible preliminary plats. 256, except any such subdivision where the Kodiak Island Borough 257 is the applicant, 258 259 260 Plat alterations. Eligible plat alterations require 261 262; create a substandard lot; create non-conforming structures in 263 relation to minimum setbacks, lot coverage or other development requirements; or deny 264 adequate vehicle and utility access to and from any lots or tracts affected by the alteration 265 or adjacent to it 266 AGENDA ITEM #13.C.1. 267 Abbreviated Plat. Eligible plats meet the criteria in AS 29.40.090(a) which will: 268 subdivide; 269 provide legal and physical access to a public highway or street for each lot created by the 270 subdivision; not contain or require dedication of a street, right of way, or other area; and 271 not require a vacation of a public dedication of land or a variance from a subdivision 272 regulation 273 274 275 276 277 under KIBC Chapter 16.60 278 279 280 281 282 283 284 285 286 16.30.040 Action. 287 288 289 290 291 292 293 294 295 Notice of the 296 proposed abbreviated plat shall be provided as required in KIBC 16.10.070 within five 297 working days of acceptance of the plat. 298 299 300 301 302 303 304 305 306 307 308 309 310 311 AGENDA ITEM #13.C.1. 312 313 314 315 316 317 318 319 320 321 322 323 except as permitted for abbreviated plats under KIBC 16.30.020(D) and (F) 324 325 326 327 328 329 330 331 332 333 334 Section 5: 335 336 337 Chapter 16.35 338 COMMERCIAL TRACTS 339 340 341 16.35.010 Intent. 342 343 344 345 adopted building code for commercial 346 structures 347 348 349 350 16.35.030 Action. 351 352 353 354 355 AGENDA ITEM #13.C.1. 356 357 designated 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 Section 6: 389 390 391 Chapter 16.40 392 PRELIMINARY PLAT 393 394 395 16.40.040 Data required. 396 397 398 399 AGENDA ITEM #13.C.1. 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 unsurveyed 434. Adjacent surveyed property lines shall be shown with a solid 435 line of lighter weight than those lines that identify the boundaries of the platted area 436 437 438 439 440 441 442 443 444 AGENDA ITEM #13.C.1. 445 446 447 448 449 450 451 452 453 454 455 456 Said report will be required only when indicated on the basis of observable 457 conditions of the land related to proposed development density or use, topography, soil 458 conditions, drainage or other similar site conditions. 459 460 461 462 463 464 N. For subdivisions not served by public wastewater disposal and water supply systems, 465 a report, prepared by an Alaska licensed professional engineer or certified wastewater 466 treatment and disposal system installer, may be required when deemed necessary by the 467 Community Development Director (for abbreviated plats) or Commission (for preliminary 468 plats). Said report will be required only when indicated on the basis of observable 469 conditions of the land related to proposed development density or use, topography, soil 470 conditions, drainage or other similar site conditions. Said report must state that each lot 471 within the subdivision is capable of accommodating the installation of an Alaska 472 Department of Environmental Conservation approved onsite wastewater disposal system 473 and water well. 474 475 16.40.050 Lot design and improvements – Required procedure. 476 477 478 479 480 481 482 483 484 485 486 487 488 489. AGENDA ITEM #13.C.1. 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 F 505 506 A single stem flag lot shall have a stem width of no less than 30 feet. Any 507 single stem flag lot with a stem width of less than 40 feet shall have a note on the final plat 508 that specifically prohibits future subdivision of the lot. 509 510 511 512 513 514 515 516 A single stem flag lot with a minimum stem width of 40 feet may be further 517 subdivided into two flag lots with adjacent stems of no less than 20 feet each; and 518 519 520 521 522 523 524 525 c. No more than two flag lots with adjacent stems are permitted. More than one pair of 526 such lots are allowed in a subdivision provided they are configured in a manner that does 527 not result in more than two adjacent stems. Any final plat that creates two flag lots with 528 adjacent stems shall have a note that specifically prohibits future subdivision of the 529 subject lots, regardless of stem width. 530 531 532 533 534 AGENDA ITEM #13.C.1. 535 536 537 538 7. No individual electric service line may cross private property other than the lot which 539 the utility connection services unless such a crossing is located within a recorded 540 easement; 541 542 8 543 544 545 9or navigable waterway 546 547 548 549 community development 550 director (for abbreviated plats) or by the(for preliminary plats) 551 552 553 554 555 16.40.060 Procedure. 556 557 558 559 560 561 562 563 564 565 B. If the community development director accepts the application and submittals as 566 complete and the application meetings the requirements of the code, the application shall 567 be placed on the next regular planning and zoning commission meeting agenda for which 568 the packet deadline has not yet passed. 569 570 571 In order to be considered in the engineering and 572 facilities department director and community development director’s review and 573 recommendations on the application under subsection D of this section,c 574 575 576 577 578 579 AGENDA ITEM #13.C.1. 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 16.40.070 Dedications. 613 614 615 616 617 618 619 620 621 622 Section 7: 623 624 AGENDA ITEM #13.C.1. 625 Chapter 16.50 626 FINAL PLAT 627 628 629 16.50.010 Final plat procedure. 630 631 632 633 634 635 636 637 638 under Section 639 16.50.015 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 a certificate to plat 666 issued by a licensed title insurance company prepared within six months of the date the 667 final plat is submitted, showing the legal and equitable owners (including mortgagees, 668 deed of trust beneficiaries, contract purchasers and fee owners) of the land to be platted, AGENDA ITEM #13.C.1. 669 plus all grants, reservations, covenants, deed restrictions, and easements of record which 670 may condition the use of the property. 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 16.50.015 Subdivision agreements for required improvements. 686 687 A. Completion of Improvements. Before a final plat of subdivision may be approved, all 688 subdividers shall complete, in accordance with the preliminary plat and KIBC Chapters 689 15.70 and 15.80, all street, sanitary, and other improvements required as a condition of the 690 approval, or conditional approval, of the preliminary plat, or otherwise required by this title 691 or law, and to dedicate the same free and clear of any and all liens and encumbrances on 692 the property and public improvements so dedicated. 693 694 B. Agreement to Improve. The planning commission, in its sole discretion, may waive the 695 requirement that the subdivider complete and dedicate all improvements prior to the 696 approval of the final subdivision plat provided the subdivider enters into one of the 697 agreements to improve provided in subsection (B)(1) or (B)(2) of this section and deposits 698 the improvement security provided in subsection (F) of this section: 699 700 1. A written agreement with the borough to thereafter construct and to install all such 701 improvements at the subdivider’s expense. Such agreement shall include, but not be 702 limited to, the following provisions: 703 704 a. Designation of the required public improvements to be constructed; 705 706 b. Any performance or other schedule of completion required by the planning commission; 707 708 c. A provision providing the borough with an adequate guarantee for the completion of 709 required public improvements and for warranties of all improvements for a period of one 710 year from date of approval; 711 712 d. A warranty that the subdivider has title to the subdivision property and the authority to 713 execute the subdivision agreement. AGENDA ITEM #13.C.1. 714 715 2. A written agreement with the borough to thereafter initiate and consummate local 716 improvement district proceedings for the financing and completion of all such 717 improvements, and if not completed under such local improvement district proceedings, 718 to complete such improvements at the subdivider’s expense not later than the date 719 required for improvements to be installed as provided in this title. 720 721 3. To assure the installation of required public improvements which are not completed and 722 approved at the time the final plat is approved and recorded, the planning commission 723 serving as the platting authority, and the agreement to improve, shall require the 724 subdivider to guarantee the completion of all such improvements by one or more of the 725 methods specified in subsection (F) of this section. The means of guarantee may be 726 changed during the guarantee period through a written modification of the agreement to 727 substitute another approved form of improvement security upon the mutual agreement of 728 the borough and the subdivider. The amount of guarantee shall be determined on the basis 729 of the subdivider’s cost estimate as approved by the engineering and facilities department 730 director for subdivisions located outside cities and by the municipal clerk or municipal 731 engineer for subdivisions located within a city. The guarantee shall remain in effect until 732 final approval of the improvements and the posting of an acceptable security for the 733 warranty period. 734 735 4. Cost Estimates. The subdivider’s cost estimate provided for in subsection (E) of this 736 section shall state the estimated cost of completion for each required public improvement. 737 Cost estimates for each required improvement must be approved by the engineering and 738 facilities department director for subdivisions located outside cities and by the municipal 739 clerk or municipal engineer for subdivisions located within a city. For the purposes of 740 establishing the amount necessary for the guarantee of completion of public 741 improvements, a percentage for overrun allowance, including inflation, shall be added to 742 the total estimated cost of public improvements as follows: 743 Total Estimated Cost of Percentage for Overrun Allowance Improvements $0–$500,00020% $500,000 –$1,000,00015% $1,000,000 and over10% 744 745 C.Improvement Plans. In the event the subdividerenters into an agreement to construct 746 and install improvements pursuant to this section, the subdivider shall prepare and 747 deposit with the clerk of the borough detailed plans and specifications of the 748 improvements to be constructed and such plans and specifications shall be made a part 749 of any such agreement and of the improvement security. The subdivider shall be AGENDA ITEM #13.C.1. 750 responsible for the costs of completion of the required improvements, regardless of 751 whether the security posted under the subdivision agreement is adequate to cover those 752 costs. 753 754 D.Completion Date. The improvements required under the terms of the subdivision 755 agreement shall be fully completed for final approval within two years of the date of 756 approval of the final plat by the planning commission serving as the platting authority 757 unless upon a showing of good cause the date of completion is extended by the planning 758 commission serving as the platting authority for an additional period not to exceed one 759 year. 760 761 E.Cost of Required Public Improvements. The cost of any improvements shall be defined 762 to include the cost of design, engineering, contract administration, inspection, testing and 763 surveillance as well as all work, labor and materials furnished for the construction of the 764 improvements. 765 766 The agreement to improve shall provide for payment of the cost of required improvements 767 as provided below: 768 769 1.Administrative and Recording Costs Relating to Public Improvement Guarantees. The 770 subdividershall pay 100 percent of all costs incurred in supplying and administering any 771 method of public improvement security and guarantee. 772 2.Inspection, Surveillance and Testing. The subdivider shall pay 100 percent of all costs 773 relating to any inspection, surveillance and testing by the borough or city, as applicable, 774 necessary for final approval of any required public improvement or during the warranty 775 period. Surveillance shall be performed by the borough or a city during the course of 776 construction and up to the point of final approval of the completed project. Inspection shall 777 be performed by the borough or city during the warranty period. 778 779 F.Improvement Security. The agreement to improve shall include and be secured by one 780 or more of the following methods to guarantee the construction and installation of required 781 public improvements, which security will remain in place until improvements are approved 782 and accepted: 783 784 1.Performance and Payment Bonds. The subdivider may elect to provide a performance 785 and payment bond, or bonds, from a surety company authorized to do such business in 786 the state of Alaska guaranteeing the construction, installation and payment for all required 787 improvements, including monuments, and for all labor and materials for the construction 788 and installation thereof. The bond or bonds shall be in an amount equal to the estimated 789 cost of all required public improvements plus an overrun allowance as provided in 790 subsection (b) of this section. The performance bond shall be payable to the municipality 791 in the event that any required public improvements are not finally approved in accordance 792 with the provisions of this title. The payment bond shall inure to the benefit of all persons 793 who provide labor or materials for the construction or installationof the public 794 improvements. AGENDA ITEM #13.C.1. 795 796 2.Letter of Credit. The subdivider may elect to provide from a bank or other responsible 797 financial institution authorized to do such business in the state an irrevocable letter of 798 credit. Such letter shall be filed with the borough and shall certify the following: 799 800 a.That the creditor irrevocably guarantees funds in an amount equal to the estimated cost 801 of all required public improvements plus overrun allowances as provided in subsection 802(B)(4) above, for the completion of all such improvements; and 803 804 b. That in the case of failure on the part of the subdivider to complete any specified 805 improvements within the required time period the creditor shall pay to the municipality 806 immediately and without further action such funds as are necessary to finance the 807 completion of those improvements up to the limit of credit stated in the letter. 808 809 3.Cash or Cashier’s Check. The subdivider may elect to deposit with the borough clerk 810 money, or cashier’s check payable to the borough equal tothe amounts referred to in 811 subsection (F)(1) of this section. 812 813 4.Certificate of Deposit. The subdivider may elect to provide a certificate of deposit from 814 a bank or other responsible financial institution authorized to do such business in Alaska, 815 and acceptable to the borough finance director, in the amount referred to in subsection 816(F)(1) of this section. Such certificate of deposit shall be filed with the borough with the 817 following provision: 818 819 a.That in the case of failure on the part of the subdividerto complete or pay for any 820 specified improvements within the required time period, the certificate of deposit will be 821 cashed on the bank or financial institution from which it was issued to pay to the borough 822 immediately and without further action such funds as are necessary to finance the 823 completion of those improvements. 824 825 b.The agreement to construct and install improvements, and the improvement security 826 referred to in this chapter, shall comply with all statutory requirements and shall be 827 satisfactory to the borough attorney as to form, sufficiency, and manner of execution. 828 829 c.The borough shall be under no obligation to deposit any improvement security into an 830 interest bearing account; however, in the event of such deposit, any interest accrued 831 thereonshall be added to such security and may be used as additional security, and shall 832 be returned to the subdivider in the same manner as the security. 833 834 G.Release of Guarantee. The borough shall release the obligation for performance 835 guarantees only upon the acceptance of improvements under KIBC 16.70.030 of all the 836 improvements covered by the agreement to improve and improvement security together 837 with the posting of adequate security for warranty. 838 AGENDA ITEM #13.C.1. 839 H.Effect of Final Approval by the Borough. Final approval by the borough of the 840 construction and installation of required public improvements shall not obligate the 841 borough thereafter to inspect, maintain or repair, or constitute an agreement or 842 assumption by the borough of any duty or responsibility to thereafter inspect, maintain or 843 repair any such improvements. 844 845 I.Warranty. 846 847 1.Required. The subdivider shall warrant and guarantee for a period of one year after final 848 approval that the required improvements constructed under the agreement will remain in 849 good condition and will meet operating specifications for the warranty period. Such 850 warranty includes defects in design, workmanship, materials and any damage to 851 improvements caused by the subdivider, his agents or others engaged in work to be 852 performed under the agreement to improve. 853 854 2.Term – Security. To secure the warranty, the guarantee of performance shall remain in 855 effect until the end of the warranty period, provided that the warranty period shall not 856 expire without a determination by the engineering and facilities department director for 857 subdivisions located outside cities, and by the municipal clerk or municipal engineer for 858 subdivisions located within a city, that the warranty period has been successfully 859 completed without uncorrected defects. 860 861 3. Form – Security. The subdivider furnishes the borough with a corporate surety bond, 862 cash deposit or irrevocable letter of credit in an amount equal to the percentage of the total 863 construction costs as set forth below. This security shall guarantee the payment of any 864 reconstruction or repair costs which may be undertaken due to failures occurring during 865 the warranty period. Responsibility for identifying the necessity of repairs or 866 reconstruction of the improvements shall rest with the engineering and facilities 867 department director for subdivisions located outside cities and by the municipal clerk or 868 municipal engineer for subdivisions located within a city. 869 Percent to Secure Total Construction Cost Warranty $0–$500,00010% $500,000 –$1,000,0007.5% $1,000,000 and higher5% 870 871 4.Correction of Deficiencies. Within 30 days (or a reasonable extension at the sole 872 discretion of the engineering and facilities department director for subdivisions located 873 outside cities and by the municipal clerk or municipal engineer for subdivisions located 874 within a city) of notification by the borough of the need for repair or reconstruction, the AGENDA ITEM #13.C.1. 875 subdivider shall correct the deficiencies, satisfactory to the borough. Such notification 876 shall be made by certified mail. If the subdivider fails to repair orreconstruct the deficiency 877 within the time specified above, the borough will make the repairs at the subdivider’s and 878 surety’s sole expense. The borough may declare the bond, deposit or other security 879 forfeited and use such security to make repairs or mayproceed to make the repairs and 880 then bill the subdivider and surety for the cost thereof and bring suit and recover the same 881 from the subdivider and the surety, jointly and severally, and the security; provided, 882 however, the borough shall not be required to proceed first against the subdivider and may 883 proceed directly against any surety or guarantor of the subdivider or bank or other person 884 issuing any letter of credit, or holder of any security. 885 886 J. Exemption from Claims. Any money, instrument or letter of credit or other improvement 887 security deposited or held as provided in this title shall not be subject to levy or attachment 888 by any creditors of the depositor until the obligation secured thereby is performed to the 889 satisfaction of the borough. 890 891 K. Default. In the event that the subdivider defaults on any obligation to construct and pay 892 for all required public improvements or the obligation to warrant and repair such 893 improvements, the borough shall demand immediate payment on the performance or 894 warranty guarantee. In the case of a performance bond, deposits in escrow, or letter of 895 credit, the borough shall demand immediate payment of all or any portion of all sums 896 obligated for the performance or warranty of any improvement. All funds received by the 897 borough shall be used for any construction, repair or reconstruction necessary to ensure: 898 899 1. That all required improvements are built to specifications as necessary to receive final 900 approval; and 901 902 2. The improvements remain in good condition for the completion of the warranty period. 903 904 L. Enforcement. All provisions of this chapter are mandatory and may not be altered by 905 the subdivision improvement agreement. The obligations contained in this chapter shall 906 be enforceable by methods of enforcement of ordinance as well as contract. 907 908 16.50.020 Requirements of final plat. 909 910 or similar material complying with 11 AAC 06.040(a)(10) 911 shall bemade in the appropriate black 912 ink and be accomplished with mechanical lettering equipment.All 913 or blue 914 915 916 917 918 AGENDA ITEM #13.C.1. 919 920 921 922 923 924 925 926 927 928 929 930 931 932 933 934 935 936 937 938 939 940 941 942 943 944 945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 AGENDA ITEM #13.C.1. 963 964 965 966 967 968 969 970 971 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 16.50.030 Survey and monumentation. 987 988 989 990 991 992 993 the applicable version of the 994 995 996 997 998 999 1000 1. Documentation showing that the final plat satisfies the above accuracy requirements 1001 shall be provided with the Final Plat. 1002 1003 1004 1005 1006 1007 AGENDA ITEM #13.C.1. 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 within the platted area of the 1019 or secondary 1020 1021 1022 1023 1024 1025 1026 1027 1028 16.50.050 Dedications and certificates. 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 Where a dedication of lands to the public is not proposed in the plat, the final plat shall be 1040 accompanied by a statement of ownership which shall read substantially as follows: 1041 1042 I (we), hereby certify that I am (we are) the owner(s) of the property described hereon. 1043 1044 Theses 1045 1046 1047 1048 1049 1050 1051 1052 AGENDA ITEM #13.C.1. 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 D. All abbreviated plats to be filed shall contain the following statement of plat approval: 1086 1087 This is to certify that the within plat is duly approved in accordance with the Kodiak Island 1088 Borough Code this ______ day of ___________, 20_____. 1089 1090 1091 1092 Community Development Director________________________ date_____________ 1093 Borough Manager_____________________________________ date_____________ 1094 Borough Clerk_________________________________________ date_____________ 1095 1096 EAlls 1097 AGENDA ITEM #13.C.1. 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 F 1110 1111 1112 1113 1114 G 1115 1116 1117 1118 1119 1120 1121 H 1122 1123 1124 16.50.060 Easement use. 1125 1126 Regulatory Commission of Alaska 1127 1128 1129 1130 1131 Section 8: 1132 1133 1134 Chapter 16.60 1135 VACATIONS 1136 1137 1138 16.60.040 Action. 1139 1140 1141 1142 AGENDA ITEM #13.C.1. 1143 1144 1145 1146 1147 1.Fif the vacated area has been previously shown on a 1148 recorded plat 1149 1150 1151 1152 1153 2. Recording a document stating that the area has been vacated when said area has never 1154 been shown on a recorded plat (e.g. recorded by deed or recorded document other than a 1155 plat). A copy of the document that created the easement or dedication subject to the 1156 vacation shall be submitted as an exhibit. The document must be signed by all those with 1157 a beneficial interest in the area to be vacated. A copy of the recorded document shall be 1158 provided to the community development department. 1159 1160 Section 9: 1161 1162 1163 Chapter 16.70 1164 IMPROVEMENTS REQUIRED 1165 1166 1167 16.70.020 Prerequisites to approval. 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 AGENDA ITEM #13.C.1. 1188 1189 1190 1191 NUMBER AND DISTRIBUTION OF FIRE HYDRANTS MAXIMUM DISTANCE FROMHYDRANT TO ANY FIRE FLOW MINIMUM POINT ONSTREET OR 3 REQUIRED NUMBER AVERAGESPACINGBETWEENHYDRANROADWAYFRONTAGE(FE 1, 2, 5 (gpm)OFHYDRANTSTS(FEET)ET) 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 AGENDA ITEM #13.C.1. 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 and satisfy the requirements of section KIBC 1229 16.40.040.N and 16.50.010(D) 1230 1231 shall 1232 1233 1234 1235 1236 1237 16.70.030 Acceptance of improvements. 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 AGENDA ITEM #13.C.1. 1253 1254 1255 1256 1257 Unless the subdivider has entered into a subdivision agreement which 1258 provides for a different amount,t 1259 1260 1261 1262 1263 Section 10: 1264 1265 1266 Chapter 16.80 1267 STANDARDS FOR ROAD IMPROVEMENTS 1268 1269 1270 16.80.030 Minimum right-of-way and trafficway widths. 1271 1272 MinimumMinimum RoadClassificationMinimumRight-of WayUnpavedTrafficwayPavedTrafficway Diameter of120Diameter of96Diameter of96 602320 feet 1273* All dead-end roadways must also meet the fire apparatus access road requirements of the adopted 1274 fire code, which may require wider trafficway widths than those listed above. 1275 1276 1277 1278 1279 1280 1281 1282 60 1283 AGENDA ITEM #13.C.1. 1284 60 1285 1286 of the adopted fire code 1287 1288 1289 1290 16.80.070 Road construction standards. 1291 1292 1293 1294 24 30 36 18 24 1295 1296 1297 1298 1299 1300 1301 1302 1303 8 8 8 6 6 1304 1305 1306 1307 1308 1309 1310 AGENDA ITEM #13.C.1. 1311 1312 1313 1314 1315 1316 1317 1318 1319 1320 1321 16.80.100 Exceptions to minimum requirements. 1322 1323 1324 1325 1326 A decision granting or denying an 1327 exception under this section may be appealed to the planning commission under Chapter 1328 16.100 KIBC in the same manner as a decision of the community development director 1329 granting or denying approval of a plat. 1330 1331 1332 1333 1334 1335 1336 1337 1338 1339 1340 Section 11: 1341 1342 1343 Chapter 16.90 1344 APPEALS TO THE ASSEMBLY 1345 1346 1347 16.90.030 Commencement of appeal – Stay. 1348 to the assembly 1349 1350 1351 1352 1353 1354 1355 AGENDA ITEM #13.C.1. 1356 1357 1358 1359 1360 Section 12: 1361 1362 1363 Chapter 16.110 1364 WAIVER FROM REQUIREMENTSSUBDIVISION VARIANCES 1365 1366 1367 Subdivision variances. 1368 1369 16.110.010 Waiver from requirements.Subdivision variances. 1370 1371 1372 this title 1373 grant a variancewaiving 1374 Any variance shall include findings identifying 1375 the physical attributes of the property and any unusual conditions which justify a variance. 1376 A variance shall be the minimum required to provide substantial relief. The commission 1377 shall considerprotection of 1378, and may condition approval of a variance under this 1379 section on such requirements as necessary to protect the public interests of the borough 1380 and surrounding areas and toensure that 1381 1382 1383 Effective Date: 1384 1385 1386 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 1387 THIS __________ DAY OF _______________, 2019. 1388 1389 1390 1391 1392 1393 1394 1395 VOTES: 1396 1397 AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.2. LPEJBL!JTMBOE!CPSPVHI TUBGG!SFQPSU BVHVTU!26-!312: BTTFNCMZ!SFHVMBS!NFFUJOH TVCKFDU; PSJHJOBUPS; SFDPNNFOEBUJPO; EJTDVTTJPO; BMUFSOBUJWFT; GJTDBM!JNQBDU; PUIFS!JOGPSNBUJPO; AGENDA ITEM #13.C.2. AGENDA ITEM #13.C.2. AGENDA ITEM #13.D.1. LPEJBL!JTMBOE!CPSPVHI TUBGG!SFQPSU BVHVTU!26-!312: BTTFNCMZ!SFHVMBS!NFFUJOH TVCKFDU; PSJHJOBUPS; SFDPNNFOEBUJPO; EJTDVTTJPO; AGENDA ITEM #13.D.1. LPEJBL!JTMBOE!CPSPVHI TUBGG!SFQPSU BVHVTU!26-!312: BTTFNCMZ!SFHVMBS!NFFUJOH BMUFSOBUJWFT; GJTDBM!JNQBDU; PUIFS!JOGPSNBUJPO; AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.2. LPEJBL!JTMBOE!CPSPVHI TUBGG!SFQPSU BVHVTU!26-!312: BTTFNCMZ!SFHVMBS!NFFUJOH TVCKFDU; PSJHJOBUPS; SFDPNNFOEBUJPO; EJTDVTTJPO; BMUFSOBUJWFT; GJTDBM!JNQBDU; PUIFS!JOGPSNBUJPO; View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough Kodiak Island Borough Assembly Newsletter Vol. FY2020, No. 39 August 16, 2019 At Its Regular Meeting Of August 15, 2019, The Kodiak Island Borough Assembly Took The Following Actions. RECEIVED FY2019 Year End Budget Vs. Actual Results From Finance Director, Dora Cross. AUTHORIZED The Borough Manager To Execute Contract No. FY2020-02 With Brechan Construction, LLC For An Amount Not To Exceed $59,850. AUTHORIZED The Borough Manager To Execute Change Order No. 2 Amending Contract FY2018-28 With Jensen Yorba Wall, Inc. Of Juneau, Alaska For Architectural And Engineering Services Term Contract In An Amount Not To Exceed $84,143. AMENDED, ADVANCED Ordinance No. FY2020-02 To Public Hearing At The Next Regular Meeting Of The Assembly On September 19, 2019. ADVANCED Ordinance No. FY2020-05 To Public Hearing At The Next Regular Meeting Of The Assembly On September 5, 2019. CONFIRMED Mayoral Appointments Of The Members Of The Consolidation Committee. CONFIRMED The Mayoral Appointment Of Mr. Duane Dvorak To The City Seat On The Planning And Zoning Commission. CONFIRMED The Mayoral Appointment Of Mr. Matthew Novello To The Borough Seat On The Planning And Zoning Commission.