07/02/1981 Regular Meetingd(ODIAK iISLAND`)BOROUGR ASSEMBLY MEETING - JULY 2, 1981
(A Verbatim Record is on File in the Clerk's Office)
I CALL TO ORDER
The meeting was called to order by Deputy Mayor Herrnsteen at 6:40 P.M.
in the Borough Assembly Chambers.
II ROLL CALL
Present
Mr. Anderson
Mr. Arndt
Mr. Herrnsteen
Mr. Murray
Mr. Peotter
Mr. Wakefield
Mr. White (arrived 6:47 PM)
Absent
Mayor Ogg (excused)
Mr. Peotter moved to excuse the absent members. Seconded by Mr.
Wakefield. Motion carried with no objection.
A quorum was established.
III ACCEPTANCE OF AGENDA
Mr. Anderson moved to accept the agenda as presented. Seconded by
Mr. Wakefield. Unanimous voice vote.
IV MINUTES OF PREVIOUS MEETINGS
A. Assembly - Reg. - June 4, 1981
B. Assembly - Spec.- June 16, 1981
C. Assembly - Spec.- June 18, 1981
Mr. Peotter moved to accept Items A, B and C. Seconded by Mr. Arndt.
Mr. Anderson noted a correction on page 5 in the first sentence of the
last paragraph under OLD BUSINESS of the June 4 meeting should read:
Seconded by Mr. Anderson. Motion carried unanimously.
V MINUTES OF OTHER MEETINGS
A. Mental Health - June 17, 1981
B. KIBSD - Reg. - June 15, 1931
C. OCS - Reg. - May 12, 1981
D. HRAC - Reg. - May 6, 1981
E. P & Z - Reg. - May 20, 1981
Mr. Peotter moved to acknowledge receipt of Items A through E. Seconded
by Mr. Wakefield. Motion carried by unanimous voice vote.
Mr. White arrived at 6:47 PM.
VI COMMUNICATIONS & APPEARANCES
A. Veto: Re: Ord. No. 81-22-0 - Part
Proposed that the sentence should not read "Whereas, the provisions of
this ordinance of all benefits shall be effective July 1, 1981."
Mr. Arndt moved to override the veto. Seconded by Mr. Peotter. Motion
carried by unanimous roll call vote.
B. Veto: Re: Ord. No. 81-24-0 - Mill Levy
Section 2: Mill levy strike and reduce 7 mills, so that it reads 5.52 mills.
Mr. Arndt moved to override the veto. Seconded by Mr. Anderson. Motion
carried by unanimous roll call vote.
C. Veto: Re: Ord. No. 81-24-0 - Part
Revenues: Inter -governmental revenues $2,021,020
Strike and reduce by 85,680)
TOTAL 1,935,340
Expenditures: Community Development CZM $ 114,330
Strike and reduce by (85,680)
TOTAL 28,650
XIBiASSEMBtY WETING7- Julj',,2, !198i PAGE 2
Mr. Peotter moved to override the veto. Seconded by Mr. Arndt. Motion
carried by unanimous roll call vote.
D. Veto: Re: Letter of Objection to the State offering land to the
public in a December 1982 sale - in particular, the 200 5-acre
parcels that the State proposed to offer on the Ugak Peninsula.
Mr. Arndt moved to override the veto.
carried by unanimous roll call vote.
E. P & Z Representative
No Comments.
F. P & Z Appointment
Seconded by Mr. Wakefield. Motion
Deputy Mayor Herrnsteen appointed Mrs. JoAnn Strickert to fill the
vacancy on the P & Z Commission.
Mr. Peotter moved to ratify the appointment. Seconded by Mr. White.
Motion carried by unanimous roll call vote.
**BOARD OF ADJUSTMENT - APPEAL P & Z DECISION
Deputy Mayor Herrnsteen recessed the regular meeting and reconvened as the
Board of Adjustment.
Public Hearing opened:
Walt Ebell:(Attorney representing Kodiak Island Housing Authority)
The project as planned calls for (48) units of housing, which does not exceed
the density of the zoning in this area. The reason for the necessity of the
exception is that the plans calls for the clustering of the housing into (8)
unit buildings. Each of the buildings are divided in half so there are only
(4) units on each side. The exception could be granted under three different
code sections: 17.030.040, 17.30.060(8) and 17.30.060(18).
John Duffy:(Area Director for HUD) I think the design is a good one. You
would have a lot more area for green space. Naturally you would save money
with the cluster design and therefore you could put more money into the
individual unit and have a better quality house. We strongly support that
you go ahead and provide the ruling that would give the flexibility and
overrule the P & Z decision.
Miller Lutton:(Deputy Director of Development) was present to answer any
questions for the Assembly.
Jerome Selby: Basically it would seem that there are about three options
to consider in making a decision: (1) the Assembly could decide to approve
the exception and the project would go ahead as designed, (2) disapprove
and hope that the housing authority would go ahead and build duplexes or
(3) go ahead and disapprove it.
Tom Curley:(Lot 2 & 3, Block 1 Killarney Hills Subd.) My main objection, as
a property owner, is to put another high-indensity low-cost housing unit
basically at the other end of the street.
Ron Kutchick:(lives next to Tom Curley) Has anyone really thought about what
the people that are going to be living there would rather have, duplexes or
cluster housing. I'm against bunching people together.
Mr. Kutchick read a letter from Doug & Rhoda Hoedel stating they are against
the project and a letter from Charles & Cathy Magnusen stating they are also
against the project.
Pat Briggs:(Lot 6 Block 9 in Miller Estate) As a public official you take it
on yourself to build a "ghetto". I don't think you have that right. I do not
think this development will be an asset to our City of Kodiak. I'm suggesting
smaller areas not one big forty-eight development. In other words you don't
have to stack them up to make it pay.
Lorna Arndt: I think the Assembly should follow what the P & Z has recommended
and the City Council.
Julian Bean:(Lot 2 Blk. 2 Killarney Hills Subd.) I am opposed to this. I want
to know why any taxpayer in his right mind would want to subsidize this.
101B JSSWBLV METING '-) JJIy '2, 11981•`4
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PAGE 3
Kevin Arndt: I own a piece of property connecting the questioned area and
also a property owner in Killarney Hills Subdivision. I feel after seeing
the plans it is a very well designed project.
Virginia Crowe:(Chairman of P & Z Commission) The Borough entered into this
agreement, the land was zoned R-2 and the zoning is not the function of the
Borough Assembly; it's the function of the Planning Commission. Title 29 of
the State Code charges the Planning Commission with regulations designed to
provide for orderly development. We feel this is an example of overcrowding.
Deputy Mayor Herrnsteen read the following letters into record:
1) Letter dated May 29, 1981 - Notice of Appeal from C. Walter Ebell representing
Kodiak Island Housing Authority.
2) Letter dated August 1, 1980 - Kodiak Womens Resource Center to Mr. Azumbrado
supporting project.
3) Letter dated August 22, 1980 - Ms. Anne Valley, President, Kodiak Senior
Citizens to Mr. Azumbrado re: support of additional housing options for
elderly in the community.
4) Letter dated July 31, 1981 - Kodiak Council on Alcoholism to Mr. Azumbrado
supporting low income housing in Kodiak.
5) Letter dated Sept. 3, 1980 - United Brotherhood of Carpenters and Joiners
to Kodiak Island Housing Authority urging that this project be given top
priority.
6) Letter received by the Borough May 1981 - Protest signed by a dozen persons
that reside on Murphy Way, Woody Way and Hillary Lane.
7) Letter dated May 20, 1981 - Alan & Sharon Beardsley to P & Z Commission
opposing zoning changes in Killarney Hills Subdivision.
8) Letter received by Borough July 2, 1981 - Susan Jewell supporting housing
project.
9) Letter dated June 16, 1981 - Gordon Ryan, City Manager to Arnie Hansen,
Acting Borough Manager.
10) Letter dated July 2, 1981 - Council Members Lechner, White, Hans & Pugh
to Borough Mayor and Assembly•
Public Hearing closed:
Mr. Peotter moved to grant the appeal of the Kodiak Island Housing Authority.
Seconded by Mr. Arndt.
Mr. Wakefield moved to amend the motion to read to allow the exception to the
R-2 zoning of Tracts B & E per Kodiak Island Borough Code Section 17.30.060(18).
Seconded by Mr. Murray. Amendment carried 5-2 with Mr. Arndt and Mr. Peotter
casting the NO votes.
Mr. Murray moved to further amend the main motion by incorporating the eight
points presented by the Manager. Seconded by Mr. Peotter. Motion carried by
unanimous roll call vote.
The following are the eight points:
1) Property to be annexed to the City of Kodiak.
2) Site plan be revised to show 96 off-street parking stalls, to indicate
handicapped parking stalls, to indicate the location of handicapped
access ramps, to include an additional "tot lot", and to be reviewed and
approved by the Planning and Zoning Commission.
3) Site plan for each "tot lot" be prepared indicating surface material, type
and location of play equipment and size to be reviewed and approved by the
Planning and Zoning Commission.
4) A timetable to be prepared for the Planning and Zoning Commission on the
construction of the community facilities.
5) Grading, drainage and erosion plan be approved by the City Engineer
6) Security and exterior lighting system to be reviewed by the Kodiak Police
Department.
7) HRA to agree to pay the fair share of Woody Circle improvements when
necessary to open access to adjacent property.
8) Cut Woody Way off from Murphy Street.
The main motion as amended carried 4-3 with Mr. Anderson, Mr. Arndt and Mr.
Peotter casting the NO votes.
Mr. Murray moved to incorporate the various points presented by the Planning
and Zoning Staff as to reasons this project complies with the standards set
out in our Code 17.30.060(18). Seconded by Mr. Wakefield. Motion carried
4-3 with Mr. Anderson, Mr. Arndt and Mr. Peotter casting the NO votes.
IKIBIASSEMBEY'REETINGI- july12, !1981 PAGE 4
The following are the findings made by the Board of Appeals:
Section 17.30.060(18)(a) requires
"That a proposed dwelling group will constitute a residential environment of
sustained desirability and stability; that it will be in harmony with the
character of the surrounding neighborhood; that it will result in intensity
of land utilization no higher, and standards of open space at least as high,
as permitted or specified in this title in the district in which the proposed
dwelling group is located."
The proposal will create a residential neighborhood. The land utilization
(density) is not higher than that allowed in R-2 districts and the open
space shown exceeds requirements.
Section 17.30.060(18)(b) requires
"That the tract of land on which the dwelling group is to be erected
comprises at least seventy-five thousand square feet."
The tracts of land involved contain 173,130 square feet of area.
Section 17.30.060(18)(c) requires
"That the buildings are to be used only for residential purposes and the
customary accessory uses, such as garages, storage space and recreational
and community activities."
The buildings are proposed as residential structures without garages. A
community center is also proposed.
Section 17.30.060(18)(d) requires
"That the average lot area per dwelling unit on the site, exclusive of the
area occupied by streets, will not be less than the lot area required for
each dwelling unit in the district in which the dwelling group is to be
located."
The lot area requirements of Section 17.18.030(4) is involved with this
performance standards where it states "for a multiple -family dwelling
with eight or more dwelling units, one thousand six hundred square feet
per dwelling unit." for 48 units, all contained in 8 unit structures as
proposed, 76,800 square feet of area is needed. Since 173,130 square feet
are available this standard is fulfilled.
Section 17.30.060(18)(e) requires
"That there are provided, as part of the proposed development, adequate
recreation areas to serve the needs of the anticipated population."
As discussed previously another "tot lot" should be considered.
Section 17.30.060(18)(f) requires
"That offstreet parking is provided on the basis of one parking space for
each dwelling unit within the development."
The Borough's offstreet parking and loading were revised by Ordinance 81-18-0
which became effective on May 1, 1980. The new requirement is 2 spaces per
dwelling unit. The proposed site plan can be revised to reflect the required
amount of parking.
Section 17.30.060(18)(g) requires
"That the development will not produce a volume of traffic in excess of the
capacity for which the access streets are designed."
The platted streets, Woody Way and Woody Circle, should be designed for
construction to handle this proposal plus the others which will occur in this
largely undeveloped area. Using a multiplier of 2 vehicles per unit, 96 pieces
of equipment could be present. Residential developments, like the proposal,
typically generate 4 trips per unit per day or 192 trips.
KIB'ASSEMBLY MEETING =!UU�Y a 1981` PAGE 5
Section 17.30.060(18)(h) requires
"That property adjacent to the proposed dwelling group will not be
adversely affected."
Adjacent property is owned by the Lutheran Church and the State of Alaska
(Community College).
Section 17.30.060(18)(i) requires
"That such dwelling group not be located in an industrial district".
The area proposed for development is located in an R-2 District.
Section 17.30.060(18)(j) requires
"That the proposed group housing development will be consistent with the
intent and purpose of this title to promise public health, safety and
general welfare."
Typical consideration for public health, safety and welfare are the
availability of services, the amount of traffic generated, nuisance
factors such as anticipated pet population, access to the rest of the
community, natural or manmade hazards, etc.
VII PUBLIC HEARINGS
A. Ord. No. 81-26-0 Rezoning Elderberry Hgts. Subd. First Addition,
Blk. 2, Plus Tract "H" of USS 1396 And The Remaining Unsubdivided
Portion of USS 1396, South And East of Selief Lane, In Section 28
and 29, R19W Of Seward Meridian, From RR -Rural Residential to R-2
Two Family (LeDoux & Grothe)
Mr. Murray moved to adopt Ordinance No. 81-26-0. Seconded by Mr. Anderson.
Regular Session closed:
Public Hearing opened:
Larry LeDoux:(owner of Lot 2, Blk. 2 on Mozart Circle) I support the change.
Public Hearing closed:
Regular Session opened:
Motion carried by unanimous roll call vote.
B. Ord. No. 81-27-0 Amending Title 15 Of The KIB Code Pertaining To The
Uniform Building Code (locally manufactured lumber)
Mr. Anderson moved to adopt Ordinance No. 81-27-0. Seconded by Mr. Wakefield.
Mr. Peotter moved to substitute Ordinance No. 81-27-0(A) for Ordinance
No. 81-27-0. Seconded by Mr. Murray.
Regular Session closed:
Public Hearing opened:
Bill Williams: I would like to see under Section 1. A. changed to read
one- and two-story dwellings and one- and two-story accessory buildings.
Bill Beaty:(Kodiak Area Contractors Assoc.) I would like to see this
tabled to see if we are really complying with the UBC.
Walt Ebell:(Represents Timberline) This ordinance would allow to continue
something that has gone on in the Borough for a number of years. The
building process is what you have to look at. It is not the manufacturer's
job to ascertain how they are going to use it. The necessity of having
this ordinance is to provide that ungraded rough -cut spruce can be used by
individuals as set forth in the ordinance. Whether the lumber is graded or
ungraded does not mean that it will be used properly or improperly.
Public Hearing closed:
Regular Session opened:
KIB''ASSEMBT-Y MEETING Jply'"12, 1981 PAGE 6
Mr. Anderson moved to table Ordinance No. 81-27-0(A). Seconded by Mr.
Arndt. Motion carried 6-1 with Mr. White opposing.
C. Ord. No. 81-28-0 Providing Procedures For Contract Zoning
Mr. Anderson moved to adopt Ordinance No. 81-28-0. Seconded by Mr. White.
Regular Session closed:
Public Hearing opened: NO COMMENTS.
Public Hearing closed:
Regular Session opened:
Mr. Murray moved to amend under 17.73.070 in the last sentence by changing
the word "consent" to agreement and by deleting the word "first". Seconded
by Mr. Peotter. Motion carried 5-2 with Mr. Herrnsteen and Mr. White opposing.
Main motion as amended carried by unanimous voice vote.
D. Ord. No. 81-29-0 Amending Personnel Rules & Regs (Programmer/Analyst)
Mr. Wakefield moved to adopt Ordinance No. 81-29-0. Seconded by Mr.
Anderson.
Regular Session closed:
Public Hearing opened: NO COMMENTS.
Public Hearing closed:
Regular Session opened:
Motion carried by unanimous voice vote.
E. Ord. No. 81-30-0 Amending Personnel Rules & Regs (Facilities Coordinator)
Mr. Wakefield moved to adopt Ordinance No. 81-30-0. Seconded by Mr. Anderson.
Regular Session closed:
Public Hearing opened: NO COMMENTS.
Public Hearing closed:
Regular Session opened:
Motion carried by unanimous voice vote.
Mr. Peotter moved that upon the completion of the Bond Issue Construction
currently before the Borough that the Facility Coordinator position be
sent to the Personnel Committee for review and reassessment and presentation
to the Assembly. Seconded by Mr. Arndt. Motion carried by unanimous voice
vote.
Mr. Anderson moved to recess the meeting until Tuesday at 7:00 PM.
Seconded by Mr. Wakefield. Motion carried by unanimous voice vote.