11/15/1979KODIAK ISLAM COReeGH ASSEI3LY SPECIAL IEETIUG- .!OVE13ER 15,
((1 Verbatim Record is on File in the Clerk's Office)
I CALL TO ORDER
II ROLL CALL
1979
The meeting was called to order by iayor Dotty J. ''allin at 6:'5 P.H. in the
Borough Assembly Chambers.
Present 4bsent
Jr. Phillip Anderson Ir. itavid P'errnsteen (excused) vacation
Jr. Patrick Cannon :ir. James Peotter (excused) 111
,.r. Arnold T. Hansen
rr. Jan Ogg
Jrs. betty J. ''allin, :iayor
Bearing no objection 6iaycr '!allin ordered er. Herrnsteen and :ir. Peotter
excused. A quorum was establit.t..d.
III ITENS OF BUSI.IESS
5. er. Ogg moved to go into executive session (to continue the executive session
of Hovemeer 7, 1979 regular Meeting) for personnel matters. Seconded by Fir.
Cannon. :fiction carried by unanimous roll call vote. 'l_cessed to executive
session at 6:47 P.A. eecor.:ered at 7:15 P.M. ;iayor 'Iallin stated that
seventeen applications hau been received for the borough manager position
with one withdrawal. Ur. Cannon moved to hire 'fir. Gary Hovanec as borough
mcnager peeding approval of a contract by both parties. Seconded by ir.
Hansen. ;etion carried by unanimous roll call vote.
1. Ordinance #79 -10 -0 Amending Title 16 of the KIB Code fo Ordinances-Aiopt-
ing ^hew Land Subdivision Regulations - Public Hearing. er. Hansen moved for
adoption of Ordinance #79-10-0. Seconded by tir. Ong. Closed regular session;
opened public hearing.
e .io one spoke for the ordinance.
4 Unrace Simmons: Pointed out that the draft copy does not have a general table
or celEiglir chapter entitled Design Standards is missinn from the draft.
Under Definitions- Engineer, pointed out a renistered engineer is expensive; at
times a non - registered engineer could be used. :a3or and minor street is not
defined; plat is not defined. 16.02.010 Authority cf Planning Commission -there
is no provision for the assembly to review and approve; by this ordinance P C Z
has the final action. 16.02.320 -in first line change "shall" to "should ".
16.02.030 Application -feels application should be in fourteen days before
meeting, not thirty days; also required forth of application is not defined.
16.03 Subdivision Agreement- disapproves of entire section. 16.04.010 - questions
requirements for streets, sidewalks, water supply, sanitary sewer service,
drainage and rianuments; feels these should not have to be met in order to buy
a lot as it makes subdividing too expensive and pushes the little man out of
the market. Fire hydrants should not be required In areas where there is no
water system other teen wells. 16.04.060 Public Use Areas-feels this should
be applic_ble cniy to large subdivisions. 16.04.070 Dedications -feels
easement requirements are too large. 16.05.010('l)- topographic survey maps can
be very expensive. General consideration -These regulations will take control
of the lard from the individual and give it to the planning department reducing
the land a :her to a tenant farmer situation. Stated that only minor roads
should be required and that developers and subdividers can be two different
people.
!iilliam 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(C3)- should be stricken. 1C.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 & Z is an appointive body, feels
P e Z should make recommendations to the assembly for their final approval.
16.02.020 -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 chat 1s a preliminary approval and
what is a final approval. 16.02.060(D)- should be deleted. 16.02.070(D)-
last sentence is very subjective. 16.02.100(A) Appeals -as re. 15.02.040,
the final decision sF.^uid core from the assamhly. 16.02.120(3) -not applicable.
KId ASSEiBLY SPECIAL iEETL:G- .AVEI3ER 13, 1973
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P .
18.03- agrees with ,r. Simmons; this eliminates the possibility of the small
owner to afford subdividing. 16.03.060- regulations not applicable to this
climate. 16.04.010 -feels the small owner could not afford to follow the regula-
tions. 16.04.040(J) -not feasible in many instances. 16.04.040(E) -feels there
should be double frontage lots in many instances. 16.04.050 Water and Sewage
Jsposal Facilities -feels the borough need not follow all constraints set out
by the State )apartment of Environmental Conservation. 16.04.060 Public Use
Areas - applicable only to large subdivisions, not to snall subidivisions such
as one to five acres. 16.05.010 Preliminary Plat Jata- 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 KOJIAK "S success has been the independent,
hardworking man who probably operates on a very limited budget.
Scott Arndt: Agrees with i.r. Simmons and ;r. Williams. 16.72.060 .ecision
onon :• pTion -does not agree with requirements. 16.04.010 Improvement 2
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 3ishop: Stated there definitely needs to be agency standards set out In
the document with more specifics. 16.01.030(031- should be stricken. 16.02.010 -
agrees with 4. 'Whams. 16.02.070- should be more specific on what is necess-
"ry for preliminary approval cnd what is necessary on final approval.
16.03.060 -asks if there is a one-year warranty, is the subdivider required to
maintain the facility (street) for that time. 16.04.010 -need specifics on the
streets. (0)- should not have sidewalks and (C)- cannot physically provide fire
hydrants where there is no ;.jblic water system. (0) -does not agree with the
1,500 foot requirement. (0-does not agree. 16.04.0400)- delete. (E) -does
feel there could be double frontage in some instances. 16.04.060 -does not
feel this is needed. 16.0:.070(A) -need specified widths of streets. (3)-
the easements are too wide. 16.05.0100.0-topographical survey map is not
necessary. 16.05.010(0 -does not feel the mortgagee need be involved.
Robert Jrodv: 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. ',Miran stated the attorney's cost should
not be more than ten to Fifteen hours work. ayor STATrO that IF lr. ..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.iok locale. ir. Halligan
explained that the borough planning staff compiled the document from input and
recommendations from the planning commission. :iayor quoted A.S. 29.48.100
"each ordinance and resolution, after adoption, shall be codified ".
John �Pu h, private citizen; Explained that while working on the document he
was too close to it and at this time, as a private citizen, he would make some
changes in it. 16.01.030(C)- change "shall" to "may ". 16.01.040(F) - "be" added
after "shall" and after "title" add "after adoption of this ordinance ".
16.02.010- ciriticismis taken care of in Arpeals. 16.02.120(3)- strike.
16.04.010 -add to the first sentence "if the subidivision is five lots or
larger ". 16.04.060 - delete section or add "this section is applicable only to
someone who is providing fifty lots or more". 16.04.070(8) -"ten feet" should
be changed to "five feet ".
.iayor closed public hearing; reconvened regular session. ayor submitted city's
comments; Rr. riilligan will submit Jr. Ecklund's comments to the clerk. Jirected
clerk to make copies of ;;r. Ecklund's comments for the assembly. .ir. .Iilligan
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. He explained the types of streets and their
prescribed widths. :V.:Mi11igan stated that at the time the work began on the
aocument, the planning commission were told to comply with State Law. Explained
that the P 1 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. :+r. 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 subdivisions and design standar s also �e taken into cousier.:tio,: :r.
KI3 ASSEMBLY SPECIAL HEETIrIG- JOVE ;;SER 15, 1973 PPSE 3
Anderson caved 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 the concensus that the requirements should be made more
acceptable to the small amer, 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. Jdck with the consent of his second withdrew his
r.00tion. Fir. Anderson with the consent of his second withdrew his motion.
r. Ogg requested tht P % to return the power of final approval to the
assembly. He also requested administration of the borough platting power may
be acquired by first class and second class cities within the Kodiak Island
3orough. The cities within the borough, upon assuming this power by ordinance,
may make stricter regulations as they deem proper for there jurisdiction;
however, a city assuming the platting power within the borough shall not adopt
regulations less strict than those of the Kodiak Island Lorough. :ir. Hansen
moved to table with all convents and input tonight taken into consideration.
Seconded by Air. Jack. iir. Ogg submitted a copy of his comments. Motion to
table carried by unanimous roll call vote.
2. Ordinance 979 -29 -0 Use of ,:on- Conforming Lets. .Jr. Hansen moved for adopt-
ion of Ordinance 979 -29 -0. Seconded by Jr. Ogg. Action carried by unanimous
roll call vote.
3. Tax Delinquencies. layer '!ailin read the memo. Hr. Anderson that the
since September 3Oth was on a Sunday, that they be given a one day extension
to take in October 1st. Seconded by Mr. Jack. The clerk asked that a ruling
he made on postmark dates. lir. Ogg moved by substitution that the work "by"
be interpreted to mean inclusive of that day (October 1st). Seconded by
Cannon. iir. Jack moved to accept the postmark dates up to and including the
due date. Seconded by Mr. Hansen. .;otion carried by unanimous roll call
vote.
4. P °, Z Commission Appointments. !iayor 'e111n stated she had just received
word that the City needs to confer with her in this reward and requested the
appointments be deferred to the regular December meeting. Hearing no objection
the .iayor directed the members of the P A: Z Commission to serve until )ccember
or until replaced.
IV ADJOURiL'AEilT
ATTEST:
1 ;1 1 1 2 1 1 8 I
The meeting was adjourned by ;iayor Wallin at 3:35 P.M.