11/15/1979 Regular Meetingi 0 0 n 2 n 1 3 1
;:ODIAK ISLAND POf MCI: ASSE;i3LY SPECIAL i1EETIHG- lOVEi43ER 15, 1979
(A Verbatim Record is on File in the Clerk's Office)
CALL TO ORDER
The meeting was called to order by :layor Cetty J. Uallin at 6:'5 P.M. in the
Corough Asserably Chambers.
1 ROLL CALL
Present
;ir. Phillip Anderson
Jr. Patrick Cannon
,;r. Arnold T. Hansen
i;r. lian Ogg
Jrs. betty J. '-!allin, :9ayor
4i sent
;,'jr. E,avid F'errnsteen (excused) vacation
Ar. James Peotter (excused) ill
Hearing no objection 6iaycr ;.allin ordered .:r. llerrnsteen and Jr. Peotter
excused. A gcorux was establ 1! !_:A.
III ITE1S OF BUSLlESS
S. lir. Ogg moved to go into executive session (to continue the executive session
of ;over. cr 7, 1979 rcc;ular• meeting) for personnel matters. Seconded by iir.
Cannon. :;ctio,r carried by enanimous roll call vote. 1_cessed to executive
session at 6:47 P.-I. Recor:ered at 7:15 P.N. Vlayor '!allin stated that
seventeen, applicat cos had been received for tine borough manager position
with one i-Athdra,oal. i'ir. Cannon moved to hire '!r. Gary Ilovanec as borough
manager pe+:ding approval of a contract by both parties. Seconded by ir.
liansen. i;ction carried by unanimous roll call vote.
1. Ordinance #79-10-0 Amending Title 16 of the KID Code fo Ordinances-.Mopt-
ing ew Land Subdivision Regulations - Public Hearing. ;ir. Hansen moved for
adoption of Ordinance #79-10-0. Seconded by 'ir. Ong. Closed ragular session;
opened public hearing.
:io one spoke for the ordinance.
Horace Simmons: Pointed out that the draft copy does not have a general table
or' contents. The chapter entitled Design Standards is missing from the draft.
U'ider Definitions -Engineer, pointed out a registered engineer is expensive: at
times a nos -registered engineer could be used. Najor and minor street is not
defined; plat is not defined. 1G.02.010 imthority of Planning Commission -there
is no provision for the assembly to revie-:: and approve; by this ordinance P Z
has the final action. 1G.02.020-in first line change "shall" to "should".
16.02.030 Application -feels application should be in fourteen days before
meeting, not thirty Gays; also required fo:m of application is not defined.
16.03 Subdivision Agreement -disapproves of entire section. 16.04.910-questions
requiremants fen streets, sidewalks, ;,rater supply, sanitary sewer service,
drainage a!,,d monuments; feels these should not ;rave to be met in order to buy
a lot as it makes subdividinvi too expensive and pushes the little nan out of
the rnarkt. Fire hydrants si;ould not be required in areas where there is no
water systcm other t;;=.n wells. 1G.04.060 Public Use Arras -feels this should
be applicable only to large subdivisions. 16.04.070 Dedications -feels
casement ;• quir�-mc-+ts are too large. 16.05.010(i')-topographic survey maps can
be very expensive. General consid'aration-These regulations will take control
of the lard from the individual and give it to the planning department reducing
the land oi:oer to a tenant farmer situation. Stated that only minor roads
should be required and that developers and subdividers can be two different
people.
!A lliam G. '!illiams: Stated he had purchased land with limited access and even
though it was expensive and was hard work, he was glad he had the property and had
been able to improve it. 16.01.030(0)-should be stricken. 16.01.040(F)-should
include a statement that what you have done in the past is at the minimum ac-
ceptable today. 16.02.010-inasmuch as the P C: Z is an appointive body, feels
P 3 Z should make recommendations to the assembly for their final approval.
16.02.02J-does not feel a person should be required to receive approval from
the planning department before submitting a preliminary plat. 16.02.060(0)-
states there is no distinction given as to what is a preliminary approval and
what is a final approval. 16.02.0500)-should be deleted. 16.02.070(D)-
last sente:ice is very subjective. 16.02.100(A) Appeals -as re. 16.02.0,10,
the final decision should co.e from the assembly. 16.02.120(3)-not applicable.
1 (�
n ;1
2
KI3 ASSENBLY
SPECIAL
JEETIi;G-;;OVEN3ER 15,
1979
16.03-agrees with X. Simmons; this eliminates the possibility of the snail
owner to afford subdividing. 1C.03.060-regulations not applicable to this
climate. 16.04.010-feels the small owner could not afford to follow the reoula
tions. 16.04.030(J)-nut feasible in many instances. 1e.04.040(E)-feels there
should be double frontage lots in many instances. 16.04.050 "ater and Seraage
Disposal Facilities -feels the borough need not follow all constraints set out
by the State iepartment of Environmental Conservation. 16.04.060 Public Use
Areas -applicable only to large subdivisions, not to small subidivisions such
as one to five acres. 16.05.010 Preliminary Plat data -requirements called for
are excessive for the average developer. Feels this is a utopian plan; cannot
see it applicable to areas outside Kodiak city, the villages and outlying
areas. Pointed out the secret of K&M!;"S success has been the independent,
;iardworking man who probably operates on a very limited budget.
Scott Arndt: Agrees with :Y. Simmons and ;r. 'illiams. 1G.W .OGO -Jecision
on 1�pplication-does not agree with requirements. 16.04.010 L,iprovement re-
quirements -does not feel sidewalks should be required unless the streets are
paved. Feels the regulations as a whole protect the large developer; is of
the opinion that most of the subdivision requests will be coming from the
individual with from one to five acres.
Craig yishop: Stated there definitely needs to be agency standards set out in
the document with more specifics. 16.01.030(C3)-•should be stricken. 16.02.010-
agrees with Jr. "illiams. 16.02.070-should be more specific on what is necess-
_+ry for preliminary approval ;,nd what is necessary on final approval.
i6.03.060-asks if there is a cne-yezr warranty, is the subdivider required to
maintain the facility (street) for that time. 1G.0"l.010-need specifics on the
streets. (0)-should not hive sidewalks and (C)-cannot physically provide fire
hydrants where there is no p,ablic water system. (D)-does not agree with the
1,500 foot requirement. (E)-does not agree. 16.04.040(D)-delete. (E)-does
feel there could be double frontage in some instances. 16.04.OGO-does not
feel this is needed. 16.04.070(A)-need specified widths of streets. (3)-
the easements are too wide. 16.05.010(A-)-topographical survey map is not
necessary. 16.05.010(C)-does not feel the mortgagee need be involved.
Robert ;rody: Asked the cost of the compilation of this document. _,ayor
explained most of the work was done by the planning commission recommendation
and forwarded to the attorney. ^r. i:illigan stated the attorney's cost should
not be more than ten to fifteen hours +fork. ayor STATI'll chat IF Ir. •rody
would leave his address with the clerk, the cost will be forwarded to him.
Feels this document does not apply totally to the Ko ink locale. ir. iiilligan
explained that the borough planning staff compiled the document from input and
recommendations from the planning commission. :iayor quoted A.S. Z9.49'.100
"each ordinance and resolution, after adoption, shall be codified".
John Pugh, Private citizen; Explained that while working on the document he
rias too close to it and at this time, as a private citizen, he would make some
changes in it. 1G.01.030(C)-change "shall" to ";hay". 16.01.040(F)-"be" added
after "shall" and after "title" add "after adoption of this ordinance".
16.02.+710-ciriticismis taken care of in Appeals. 16.02.120(0)-strike.
16.04.010-add to the first sentence "if the subidivision is five lots or
larger". 16.04.0030-delete section or add "this section is applicable only to
someone who is providing fifty lots or more". 16.04.070(6)-"ten feet" should
be changed to "five feet".
:iayor closed public hearing; reconvened regular session. ayor submitted city's v_
comments; :lr. :Milligan will submit Jr. Ecklund's comments to the clerk. directed
clerk to make copies of fir. Ecklund's continents for the assembly. Jr. Ailligan
re. the effect of this document on the remote areas stated there is a variance
procedure available where the specifications do not apply to an area, each case
to be considered individually. lie explained the types of streets and their
prescribed widths. ;ir. Nilligan stated that at the time the work began on the
document, the planning commission were told to comply with State Law. Explained
that the P � Z could not approve a subdivision within the jurisdiction of the
City of Kodiak or other local agency at a lower standard than theirs, by this
new language. fir. Jack moved to defer action on this until the specifications
portion is completed. Seconded by ir. Anderson. ir. Jack suggested that
other changes, including the manager's request for a definition of major and
minor subdfvisions and design standar"s also ba ta'ren into coosieratio,: ['r.
05 ASSE 1GLY SPECIAL IEETI?1G-.!OVE;IBER 15, 1972
PAGE 3
Anderson moved to amend to delay this until the assembly can have a study
session to take the audience and city comments into consideration. Seconded
by ;ir. Jack. It was tke concensus that the requirerients should be made more
acceptable to the small o:•!ner, there should be a differentiation between the
small and large subdivisions and that this should go back to the P A Z for
corrections and changes. r. Jack !•lith tiie consent of his second witihdrew, his
i.,otion. iir. Anderson vlith the consent of his second withdrev., his motion.
;r. Ogg requested thL,• P to return the power of final approval to the
assembly. He also requested administration of the borough platting poorer may
be acquired by first class and second class cities within the ,odiak Island
'borough. The cities within the borough, upon assuming_ this pov:er by ordinance,
may make stricter regulations as they deem proper for there jurisdiction;
however, a city assuming the platting poorer vlithin the borough shall not adopt
regulations less strict than those of the :,odiak Island Lorough. Ar. hansen
moved to table with all concients and input tonight taken into consideration.
Seconded by ;ir. Jack. iir. Oqg submitted a copy of his comments. lotion to
table carried by unanimous roll call vote.
2. Ordinance V79-29-0 Use of ,!on -Conforming Lots. Jr. l;ansen moved for adopt-
ion of Ordinance #79-29-0. Seconded by iir. O�,q. ;lotion carried by unanimous
roll call vote.
3. Tax Jelinquencies. "iayor '!allin read the memo. :ir. ;`,nderson that the
since September 30th was on a Sunday, that they be given a one day extension
to take in October 1st. Seconded by ;lr. Jack. file clerk asked that a ruling
he made on postmark dates. i;r. Cog moved by substitution that the wort: "by"
be interureted to mean inclusive of that day (October 1st). Seconded by -ir.
Cannon. iir. Jack moved to accept the postmark dates up to and includinn the
sue date. Seconded by iir. Hansen. lotion carried by unanimous roll call
vote.
P I Z Commission Appointments. l;ayor "ellin stated she had just received
word that the City needs to confer with ;icr in this regard and requested the
appointments be deferred to the regular Jccember meeting. Pearing no objection
the :iayor directed the members of the P F; Z Commission to serve until rccember
or until replaced.
IV RDJOURdIlEi.T
The meeting was adjourned by .iayor '.icllin at :35 P.ki.
W-no
ATTEST:
y t"
Lorough Clerk I