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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 , 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.