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HomeMy WebLinkAbout1975-10-15 Council PacketKenai City Council Meeting Packet October 15, 1975 71 11 IL I W MORAMUM TO: Honorable Mayor City Council FROM: Sue C. Peter, City Clerk DATE: October 14, 1975 SUBJECT: ADDITIONS TO AGENDA OF 10-15-75 Please make the following additions to your agenda for the meeting of October 15, 1975: C-3: Mayor Heath & Fire Chief Morris - City of Homer Please delete: G-3: Ordinance No. 280-75 - Increasing amount authorized for Library Project Thank you. CC: R. D. Lynn., City Manager J. F. O'Connor, Finance Director ? J. Williams, City Attorney P. Aber, Public Works Director NII VIII IAf i�..�... �.. -__.. �, �� �•.- = _ ___ _ _.-_ _ __ __- _ �� I •�I I I� III I I A II I ' I) A AGENDA RL••GULAR MEETING - KENAI CITY COUNCIL OCTOBER 15. 1875 - 8:00 P.M. PUBLIC SAFETY BUILDING -/- ' PLEDGE OF ALLEGIANCE A. ROLL CALL OATH OF OFFICE - AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance No. 278-75 - Amending the 1975-76 Fiscal Budget 2. C. PERSONS PRESENT SCHEDULED TO BE BEARD 1. Dir. John Williams - Assessments of (Yater/Sewer a Taxation of Property 2. Mr. Miles Dean- FAA Hopse _ D. MINUTES 1. Minutes of the Regular Meeting of the City Council of October 1. I975 i E. CORRESPONDENCE 1. F. OLD BUSINESS ' 1. Resolution No. 75-54 - Natural Resource Extraction 2. Kenai Peninsula Community Care Center Lease +� S. Resolution No. 75-56 - tatrafund Transfer 4. American Legion Lease 5. Janitorial Contract - Ft. Kenay - _ G. NEW BUSINESS I. Bills to be paid - bills to be ratified 2. Appointment of Representative to Kenai Peninsula Borough Assembly 4. Awarding of Bid - CAP `//..��"���""•.� 5. Kenai Community Library -Revision of of Grant Application S. Kenai Community Library - Sale of lots to Fidalgo S/D for construction of library 7. Airport Land Fund - Purchase a Erect two Equipment Storage Buildings S. Historical Society Grant 9. Assignment of Lease - Jack R. a Althea F. Peck to National Bank of Alaska a 10. if 11. 12. i ` I 13. 14. 15. } + N. +t REPORTS 1. City Manager's Report 2. City Attorney's Report 3. Mayor's Report 4. City Clerk's Report S. Finance Director's Report > 6. Planning a Zoning Commission's Report -' 7. Kenai Peninsula Borough Assembly Report I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 2. ' 3. 1011 ion 1, s ;/f at+► CITY OF KENAI ORDINANCE NO. 278-75 AN ORDINANCE OF THE CITY OF KENAI, ALASKA, AMENDING THE 1975/76 FISCAL BUDGET. BE IT ORDAINED by the Council of the City of Kenai, Alaska, as follows: The 1975/1976 Fiscal Budget for the General Fund of the City of Kenai be increased as follows: REVENUES Traffic Safety Grant $1,172 EXPENDITURES Police: Machinery $ Equipment $1,172 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of , 1975. .( sue C. Peter, City Clerk CITY OF KENAI, ALASKA James A. Elson, Mayor FIRST READING October 1, 1975 SECOND READING EFFECTIVE DATE sr.-. T- _••� - i .. CJ AGENDA REGULAR MEETING - KENAI CITY COUNCIL OCTOBER 1, 1975 - 8: 00 P.M. PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A. ROLL CALL ,AGENDA APPROVAL B. PUBLIC HEARINGS: 1. Ordinance No. 277-75 - CJPA Grant Funds 2. S. 4. C. PERSONS PRESENT SCHEDULED TO BE HEARD: 1. Mr. Richard Lytle - Natural Resource Extraction 2. S. D. MINUTES: 1. Minutes of the Regular Meeting of the City Council of September 17. 1975 E. CORRESPONDENCE: 1. 2. F. OLD BUSINESS: 1. Contract with Harold Galliett - Water 11411 No. 2 Project 2. Accepteace of Police Car Bids 8. 4. S. 0. NEW BUSINESS: -I • Bills to be paid - bills to be ratified 2. Ordinance No. 278-75 - Amendment to the 1975-78 Fiseal Budget S. Ordinance No. 279-75 - Transfer of Funds from General Fund to Water a Sewer Fund 4. Resolution No. 75-54 - Natural Resources Extraction 5. Mr. Gerald Sibley -Float Plane Basin (FAA Navigational Study) 6. Kenai City Shop - Equipment warm Storage 7. Council approval of Election Judges S. Payment to Contractor - Airport Taxiway Lighting 9. Kenai/State Utility Relocation Agreement 10. Resolution No. 75-55 - Censua Certifieation U. Bicentennial Park 12. Deed to Kenai Keys Development. Inc. 13. 14. 15. R. REPORTS: 1. City Manager's Report 2. City Attorney's Report 3. 11yor's Report 4. City Clerk's Report S. Finance Director's Report S. Planning s Zoning Commission's Report T. Kenai Peninsula borough Assembly's Report 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD: 1. 2. r _ _ B KENAI CITY COUNCIL .� REGULAR MEETING OCTOBER I, 1975 - 8: 00 P.M. PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE ROLL CALL Members Present: James Doyle*, A. L. Hudson, H. J. Steiner, 0. L. Thomas Richard Morgan, Edward Ambarian and James A. Elson Members Absent: None AGENDA APPROVAL The following additions and adjustments to the agenda were unanimously approved by the Council for inclusion on the agenda: C-1: Mr. Richard Lytle - Natural Resource Extraction 0-12: Deed to Kenai Keys Development, Inc. G-10: Should be in form of Resolution PUBLIC HEARINGS Ordinance No. 277-75 - CJPA Grant Funds Mayor Elson introduced Ordinance No. 277-75 and requested Administration comments. Mr. Lynn, City Manager, advised that this Ordinance amended Ordinance 264-75 passed on June 4, 1975, by making a supplemental appro- priation of $15,870 to reflect Criminal Justice Planning Agency grant funds received from the State of Alaska. Mayor Elson opened the meeting to the public for their input and comment. There being no public participation, Mayor Elson returned the matter to the Council table. j MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, for the i adoption of Ordinance No. 277-75 - CJPA Grant Funds. Motion passed by roll call vote. Vo ting yes; Hudson, Steiner, Thomas, s- Morgan, Ambarian and Elson. Not present for voting; Doyle. C. PERSONS PRESENT SCHEDULED TO BE HEARD i C -b Mr. Richard Lytle - Natural Resource Extraction Mr. Lytle, representing River Bend Sand & Gravel, came before Council to discuss the matter of natural resource extraction, specifically gravel, and the guidelines as set forth by Resolution No. 75-54. Mr. Lytle voiced several objections to Resolution 75-54 as it was presented and suggested areas wherein changes could be implemented to make the ordinance, when adopted, more enforceable. E j i «— — .s • KENAI CITY COUNCIL, REGULAR MEETING, OCT013ER 1, 1975 PAGE 2 r"4 Mayor Elson advised that the procedure for enactment of this matter would be j the passage of the resolution by the Kenai City Council and then forwarded to 1 the Borough for enactment as a zoning ordinance, at which time a public hearing would be held at the Borough. ' Councilman Doyle in at this time Council discussed the resolution and their individual comments as to what - - areas could be improved upon. At this time,Mr. James Fisher, representing Mr. Chester Cone, asked to be recognized. Alayor Elson asked if there were any objections from Council to hear Dir. Fisher and there being none, Mr. Fisher 1 was given the floor. jMr. Fisher stated that he, speaking for Dir. Cone, found some areas in the - resolution that would not be acceptable, especially to gravel pit owners in that it would place the local contractors into unfair competition with those operating In the outlying areas of Kenai as they could not compete on price, etc. I' = Mr. Fisher presented the Council with his suggestions for alternatives which could be implemented into the resolution. r Mayor Elson suggested to the Council that as discussion was on the subject ^ of Resolution No. 75-54, would there be any objections to moving item 0-4 up on the agenda and taking up the matter of Resolution 75-54 at this time. There' being no objection, Item G-4 was taken up at this time. u = 0-4: Resolution No. 75-54 - Natural Resources Extraction f Councilman Morgan stated as there was so much objection to the annual report i as requested per Resolution No. 75-54, what were the suggestions of the legal counsel for reviewing the activities of the gravel pit operators? Mr. Lytle responded that in his opinion the best method would be checking the firm's i accounting records. ! Mayor Elson stated that he would like to see a motion adopting the resolution and then have a motion to table it until written comments -from the legal counselors has beep submitted to the Council for their review. ' Councilman Ambarian stated he was against tabling the matter as it had been postponed long enough. There had been much preparation and work gone - into the drawing up of the Natural Resource Extraction ordinance and the people involved in this matter had been more than patient. . - Councilman Morgan posed his question to Mr. Fisher regarding the best possible --- - _ method of reviewing the activities of the gravel pit operators and was advised that he was in agreement with Mr. Lytle in that the company's records should - be adequate. i KENAI CITY COUNCIL, REGULAR MEETING, OCT013ER 1, 1975 PAGE 3 r'1 Councilman Thomas stated that he was not going to support this resolution as with the pending highway construction in the area the Council should give the local contractors the best opportunity possible to compete in the construction work. MOTION: Councilman Ambarian moved, seconded by Councilman Morgan for adoption of Resolution No. 75-54 - Natural Resources Rxtraction. MOTION: Councilman biorgan moved, seconded by Councilman Doyle, that Resolution No. 75-54 - Natural Resources Extraction be tabled until written comments from the legal counsel are submitted to the City Council for review. Motion passed unanimously by roll call vote to table the matter of Resolution No. 75-54. D -b Minutes of the Regular Meeting of the City Council of September 17, 1975 Mayor Elson stated that page three, paragraph four of the minutes was incorrect in that he was not correctly quoted. The minutes should reflect that the property owner should not be responsible beyond their property line.... There being no further corrections, the minutes stood approved as corrected. E. CORRESPONDENCE None F. OLD BUSINESS F-1: Contract with Harold Galliett - Water Well No. 2 Project Mr. Lynn advised that the contract had been thoroughly reviewed by City Administration and found that in most part Mr. Galliett had made most of the changes as requested, however, there were a few adjustments that Administration did recommend. One was one page 2 - item 5 -- amount changed to $1,239,011. On page 3, basic services -- should adjust amount where the engineer has given us credit -- the City has paid for these previous services, however, should be included so that the EDA will reimburse us. Also, item B on page 3 should be adjusted as the amount showing is a credit for services which the City has already paid for. Councilman Ambarian asked U by increasing the basic services, would the City still be staying within the guidelines? Mr. Lynn advised that we would be within the EDA allowable. MOTION: Councilman Morgan moved, seconded by Councilman Hudson, that the City enter into the contract for engineering services with Harold Galliett, Water Well No. 2 Project, with the amendments as recommended by City Administration. 1e---_"'-- -- W - -- -- - r- -s a KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 1, 1875 PAGE 4 (F-1 - Contract with Iiarold Galliett -- continued) Mayor Elson stated that in the pwzt when the City has entered into contracts with Harold Galliett there were questions as to the completion of the contracts (As -built drawings, etc.) and until such time Mr. Galliett satisfied certain requirements, Mayor Elson would not support entering into further contracts with Galliett. QUESTION: Motion passed by roll call vote. Voting yes; Doyle, Hudson, Steiner, Thomas, Morgan, and Ambarian. Voting no; Elson. Councilman Morgan asked the status of the requirement of water meters Otem 6) and the status of this requirement in regard to the EDA application. Mayor Elson advised that he had sat in on the preliminary application hearing and went over all criteria in filling out the application. This is a requirement for the grant and once the application has been accepted, the City would submit a request that the metering be waived (go through congressional delegation, etc. ) but there is no guarantee that the waiver would be granted. One thing to keep In mind is that the City is the sole authority for letting the contract and has the final say before proceeding with the project. However, it terms of the appll- cation, the City should not voice an objection to the metering requirement prior to acceptance, F-2: Police Car Bids As this matter was tabled at the last meeting to allow the Administration the opportunity to check on the heavy duty heater, Council was advised that all vendors put the same type of heater in the vehicles. Also, after talking with Chief Ross an adjustment was made in the requirement of the engine -- the vendors were contacted and asked if they could supply a smaller engine (360 cu. in.) and if so, the adjusted cost of the vehicle. Anchorage Chrysler again submitted the low bid of $4,754.85. Administration recommended acceptance of the bid from Anchorage Chrysler Center. MOTION: Councilman Hudson moved, seconded by Councilman Ambarian, for acceptance of the low bid of $4,754,85 from Anchorage Chrysler Center which includes a 360 cu. in. engine. Motion passed by roll call vote. Voting yes; Hudson, Steiner, Thomas, Morgan, Ambarian and Elson. Voting no; Doyle. 0. NEW BUSINESS 4-1: Bills to be paid - bills to be ratified Discussion followed and Council was advised that the Wince-Corthell bills had been pending for some time. The exact reason had not been determined �.�_ _ Y.�._a. ..moi. �.._:.. �_..r.r0' a - I� a -i .- w- :-� .., a_Y_ __-. �- • e .. , i.i KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 1, 1975 (Bills to be paid - bills to be ratified -- continued) PAGE 5 as to why these bills had not been paid some time ago. Councilman Thomas asked the status on the billing for Peat -Marwick and the original estimate for the audit. Mr. O'Connor, Finance Director. advised that P -AT stated there would be an over- run of $1,500. Councilman Thomas stated that the audit firm had been advised In the beginning that they were to come before Council if they anticipated an over -run. Mayor Elson reiterated that this had been a definite requirement. Mr. O'Connor advised that the audit firm had submitted a memo to the effect that there would be an over -run to the City Manager and some of the problems. MOTION: Councilman Steiner moved, seconded by Councilman Hudson, for Council approval of the bills to be paid, bills to be ratified as submitted. Motion passed unanimously by roU call vote with Councilman Doyle abstaining on the Doyle's Fuel Service billing and Councilman Thomas abstaining on the K.U.S.C.O. billing. G-2: Ordinance No. 278-75 - Amendment to the 1975-76 Fiscal Budget Mr. Lynn advised that this is a 100% reimburseable traffic safety grant n for the purchase of a speed gun for the Kenai Police Department. MOTION: Councilman Ambarian moved, seconded by Councilman Thomas for introduction of Ordinance No. 278-75. Motion passed unanimously by roll can vote. G-3: Ordinance No. 279-75 - Transfer of Funds from General Fund to Water & Sewer Fund Mr. Lynn advised that this Ordinance was prepared as a result of repairs to the water and sewer line of a dity consumer. The City is responsible for a portion of the billing. The ordinance shows an amendment to the budget to reflect a transfer from the General Fund (unappropriated revenue) in the amount of $200 to the Water and Sewer Fund for repair and maintenance. Mayor Elson stated that it was his opinion that there should not be an appropriation from the General Fund until the end of the year. Councilman Ambarian inquired as to where the water/sewer connection revenue was placed. Mr. O'Connor advised that it was placed into a separate fund for improvement to water mains and additional hook-ups. . Mayor Elson, after discussion by Council, reiterated his point that it could be charged against revenues and at the end of the year balance the fund. KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 1, 1975 - - - - .. .� - -% -I"- - - ..w- PAGE: 6 Councilman Thomas pointed out that on page 13 of the report, the City had budgeted $200 for repairs and maintenace and asked why the City did not use this amount? Cavileiiman Doyle .-toted he did not want to wait until the end of the year to "balance the budget" but wanted an on-going balancing situation. MOTION: Councilman Thomas moved, seconded by Councilman Morgan, that the City Manager be instructed to pay the $200 expenses for the repair of the sewer line out of the Water/Sewer operating budget. Motion passed unanimousy by roil call vote. G-5: Mr. Gerald Sibley - Float Plane Basin (FAA Navigational Study) Mr. Lynn explained that the proposal prepared by Mr. Sibley had been submitted to the Planning a Zoning Commission and the matter had also been discussed with representatives from the FAA. The FAA is in agreement with the project and will assist in the navigational study if the City will pay the costs incurred , In obtaining the necessary information. The study will make judgements on visibility, traffic, tower vision, etc. Air. Tanaka of the FAA estimted that the cost of the navigational project would be approximately $30,000. Councilman ' Hudson talked with FAA people and there is no monies from that agency available ; at this time, however, grants, etc. are in the process. Mr. Sibley explained his proposed project to the Council stating he was prepared to invest $100,000 in the project. His plans are to have a service facility and have the means to change from floats to wheels for the winter which would require access to the runway. 1%1r. Sibley has a hangar purchased and would a like to start construction of same as soon as possible. Therefore, Petr. Sibley j requested immediate Council consideration. Mr. Sibley further requested that due to the business competitive involvement, that Councilman Hudson abstain from voting on the matter. Mr. Lynn advised that though Mr. Sibley is willing to go to a great deal of expense, the City must not do anything that would jeopardize any future funding with the FAA and other federal agencies. Administration recommends a more }. comprehensive study for the Float Plane Basin. This study must be approved by the FAA but could be funded through other sources (City, obtain grant funds through OEDP, etc.) . Mayor Elson stated that he felt two things must be done -- a comprehensive plan for the float Plane Basin and the area sub -divided per proper regulations as set forth. Councilman Steiner stated that after talking with Mr. Frank McIlhargey, Director of OEDP, Mr. Mellhargey felt that funds could be received to aid in the navigational study. Mr. Lynn stated that funding could be forthcoming r within a short period of time. j s KENAI CITY COUNCIL, REGULAR I%IEET-ING, OCTOBER 1, 1975 PAGE 7 N •r 7 Mayor Elson stated that the FAA has always felt very strongly about a Float Plane Basin in this area as there is ho facility in the Kenai Peninsula. Councilman Steiner advised that in his opinion the Council and the City Administration should proceed without delay on this project as it was most worthwhile and essential to the area. Mr. Lynn stated that the FAA was hopeful that they would know what funds were available by October or November and a comprehensive plan could be completed no later than the spring of 1976. "Mr. Sibley has the spirit and attitude which would be very beneficial to Kenai". Councilman Hudson requested that this matter be included on "Project Status Report" so that Council will be aware of all on-going developments. G-6: Kenai City Shop - Equipment Warm Storage Mr. Lynn advised that the City had received estimates up to $400,000+ and had looked into possible alternatives such as the erection of two buildings (quonset but type) which would cost in the area of $30,000+. Administration { would continue researching the matter. Mayor Elson inquired if there were any funds that could be borrowed from (paying back with interest, etc.) and Mr. O'Connor advised that there were none at this time. Councilman Hudson asked if the City could legally borrow from bond funds and was advised by Mr. O'Connor that to borrow from bond funds would n require voter approval. G-7: Council approval of Election Judges ; �i The Kenai Peninsula Borough provided the City with a list of those individuals • selected to be judges for the election of October 7, 1975. The Borough Assembly approved the list at their previous meeting. MOTION: Councilman Morgan moved, seconded by Councilman Ambarian , for approval by the Council of the City of Kenai of the election judges as listed on the letter of September 8, 1975, from the Kenai Peninsula Borough Clerk. Motion passed unanimously by roll call vote. G-$: Payment to contractor - Airport Taxiway Lighting Mr. Lynn explained to the Council that the Iights were out on the taxiway and the contractor was authorized to proceed with repair. This money had been approved for repairs of the cracks in the runway but unfortunately the lights.went out. Administration recommends payment in the amount of $6,019.72 be made to Dunamis Electric. KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 1, 1975 PAGE 8 Councilman Thomas suggested that difference between the cost of the repairs to the runway lighting and those monies set aside for repairs of the runway cracks be used to buy barrels of tar for repair to the cracks rather than contracting this work out. MOTION: Councilman Thomas moved, seconded by Councilman Steiner, for payment to Dunamis Electric in the amount of $6, 019.72 for repair to the airport taxiway lighting. Motion passed unanimously by roll call vote. G-9: Kenai/State Utility Relocation Agreement Mr. Lynn advised this agreement was the Kenai/State of Alaska Utility Relocation Agreement covering the adjustment of the City's facilities that conflict with the State's Homesite Loop Road Project. Mr. Lynn stated that the property owners in the immediate area of Homesite Loop should be notified regarding an assessment district whereby a considerable amount of savings would be realized by the property owners prior to the construction of the road. MOTION: Councilman Doyle moved, seconded by Councilman Thomas, that Council '�. authorize the City Manager to sign the agreement with the State of Alaska on Utility Relocation. Councilman Morgan stated that it was still his feeling due to the propOped construction of the road in that it did not meet City standards and the City could not agree to assume responsibility for the maintenance of the road upon completion, he would, therefore: MOTION: move, seconded by Councilman Ambarian, that the Kenai/State Utility Relocation Agreement be tabled until the design of the road is completed and construction more feasible meeting the standards as set forth by the City of Kenai. Motion passed unanimously by roll call vote. G-10: Resolution No.. 75-55 - Census Certification Census certification is required by the State of Alaska in order that the City of Kenai may qualify for State aid. Through various computation, the population of the City of Kenai, as of July 1, 1975, is 5,179. MOTION: Councilman Doyle moved, seconded by Councilman Hudson, for the adoption of Resolution No. 75-55 - Census Certification. Motion passed unanimously by roll call vote. JJ KFNAI CITY COUNCIL, RtGULAR MEETING, OCTOBER 1, 1975 PAGE 9 1 a G-11: Bicentennial Park The Chamber of Commerce requested that the Planning Commission consider - - that area known es the green stria along the `;psr Fsfghursy for dogigr0ion as ✓ a Bicentennial Park. Mr. Lynn advised that in order to meet FAA requirements the City must reallocate funds in the budget to the airport budget. Mayor Elson stated that there is question if this particular piece of land would ever derive revenues for the airport. If necessary. re -zone the land to conservation and designate it a Bicentennial Park. Councilman Steiner asked if the FAA had been approached. Mr. Lynn advised that the FAA were approached and had not objected to re -zoning the property. MOTION: Councilman Thomas moved to table the matter until further study is completed. Motion died for lack of second. Councilman Steiner inquired as to what study will be done. Mr. Lynn advised the study would be done to initiate zoning change. MOTION: Councilman Steiner moved, seconded by Councilman Hudson, that the matter of the Bicentennial Park be directed to the Planning & Zoning Commission for _ consideration of re -zoning the area or with the ultimate desire of purchasing the property at a reasonable cost to the City. This matter is to be taken into consideration in conjunction with conferences with the FAA. { Motion passed unanimously by roll call vote. Councilman Morgan requested that the area on which the Chamber of Commerce Informational Site was located should be taken into consideration in the plan for the Bicentennial Park. G-12: Deed to Kenai Keys Development, Inc. City Attorney, Janis Williams, advised that this pertained to property located In Valhalla Heights S/D, Lot 3, Block S. This property had been inadvertently placed on the 1972 foreclosure list for delinquent 1970 taxes. These taxes were paid in 1973, but was not removed from the foreclosure list. Consequently, the property was deeded to the City of Kenai. The Borough, therefore, requested the City deed this property to the current owner. MOTION: • Councilman Thomas moved, seconded by Councilman Steiner, that the City of Kenai authorize that property known as Lot 3, Block 8, Valhalla Heights S/D, Part 3 (Tax Parcel #049-210-2700) to be deeded to Kenai Keys Development, Inc. Motion passed unanimously by roll call vote. KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 1, 1975 H. 1 (b) REPORTS Clty :larin.crls Repo -6 Tom- . PAGE 10 The City of Kenai will be faced with a lawsuit in the amount of $60, 000+ for the mishandling of PEP funds if not paid within thirty days. C. R. Baldwin, former City Attorney, during his employ with the City had talked with the then Attorney General and agreed that the State should go ahead and sue the City and the City in turn would sue the bonding company. The dedication of the Warren Ames Memorial Bridge has been postponed and the State will advise when the next date has been set. (c) The Council will be scheduled to meet to canvas and certify the election the day after the Regular election of October 7. Meeting time will be 8: 00 p.m. t, Wednesday, October 8, at the Public Safety Building. ; (d) Air. Lynn commended Howard Hackney on the oustanding job he did in the preparation of the facilities, etc. for the Court House dedication. (e) The City of Kenai was served with a summons - Carpenter vs. City of Kenai. (f) The Citizen's Complaint are mostly animal control problems -- this situation will become more critical in the very near future. (g) Regarding the 25th annual Alaska Municipal League meeting to be held October 29-31, Administration is hopeful that some members of the Council will be able to attend. (h) The bridge crossing to the beach is awaiting a high tide to test if the dirt work will hold or not - the beam will be installed shortly thereafter. (i) Phase 1 of the street sign installation has been 75% completed. Phase 2 will S` hopefully be completed before snow fall. Councilman Morgan brought up the policy of the League of Alaska Cities and ' -- stated there were a couple of things he wished to see the City object to. Mayor Elson stated that before anyone goes to the meeting who is representing the City, the Council should hold meeting and list all those things which we wish to take opposition on. Mr. Lynn advised that the Grace Brethren Church had contacted the City regarding development plans for their property. The City had previously agreed to stub to property line. They are in the process of constructing a _ _ = new facility and would like to connect to the City sewer system. Mayor Elson advised that the assessments were paid in full at the time of the agreement. i i r - -r. �{ I 1 KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 1, 1975 H-2: PAGE Il Mr. Hamilton, representing the Grace Brethren Church stated they would be willing to pay for #.he work etc. but needed to know the costs involved. Mr. Aber, Public Works Director, advised that the cost would be approximately $25 and $27/foot. Council directed Administration to put together a cost estimate and bring it back to Council for further discussion. City Attorney's Report City Attorney, Janis Williams, advised the Council that process was underway to "quiet title" on the library land. Also, the City will file next week on the Carpenter case and Karl Walter had been informed of the Council decision to appeal the Filler case. Regarding the Property Owner's suit against the City -- it was still in a very unclear state and the City has not received written word as to the Court's decision. The Judges preliminary motions were somewhat unclear. The lend in question that would be an extension of the Float Plane Basin had previously had condemnation proceedings started but was dropped -- would Council like this matter taken up again? Councilman Hudson advised that in his opinion it was very important that the planning of this area be completed and H funds become available through the FAA, we could proceed at that time for the purchase of the property. The assessed value of the land was $12,000 but when the owners were contacted, they asked $80,000 for the property. Councilman Hudson stated he would like to see the City Manager to commence action on this property. Mayor's Report None City Clerk's Report None Finance Director's Report Mr. O'Connor advised that the field work for the audit has been completed and the statements are being typed now. Upon completion of typing, they will be sent to the audit firm for final review and returned to the City to be run off and distributed to the Council at their next meeting. Planning a Zoning Commission's Report The Planning Commission had received an application from the Kambe Theatre to lease the land situated behind the theatre for purposes of building on an extenson to the theatre. .il Iv KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 1, 1975 PAGE 12 1. ---1 H-7: I. Kenai Peninsula Borough Assem�jy's Report None PERSONS PRESENT NOT SCHEDULED TO BE HEARD None Councilmen Morgan advised that he had received a call from Mr. Ken Merkle regarding the movement of his crane into the City to set the Chamber of Commerce Information Center onto its foundation. Mr. Merkle requested that the police accompany his truck into the City. Councilman Doyle advised that the Highway Department would have to issue a special permit for this type of situation and there was a law prohibiting movement of such loads on Saturday afternoons and on Sundays. Mr. Lynn advised he would check with Police Chief Ross and investigate the matter further. There being no further business, Mayor Elson adjourned the meeting at U.-45 p.m. Respectfully submitted, fZ' ice_ Su C. Peter, City Clerk CITY OF KENAI RESOLUTION NO. 75-56 INTRAFUND TRANSFER BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following transfers of money are hereby made within the current. budget of the City of Kenai, from and to such major classifications or departments and in such amounts as are set forth below: i GENERAL Fj1ND NON -DEPARTMENTAL FROM: TO: Rentals $9,243 For the purpose of the Kenai Peninsula Community Care Center PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS day of October, 1975. j a , JAMES A. ELSON, MAYOR a ! 1 ATTEST: 1 Sue C. Peter, City Clerk sA a: f r � 1 . 11 N - - - - --....---- - - -- ,�._ s. ate- - —•r- � - �� ��r - -"�( - � i►.-„-,wr '�'�..�.'. _'?� __� .-_ :. , ... - - - .... � �--- •, � �" a i.i o • ..�.- I. - ..-�....�....-.,, __ _ - : r _ - - - � .9.9,f -w, Tsmpnoxe 907 - 283-7 189 September 4, 1975 City of Kenai P.O. Box 580 Kenai, Alaska 99611 Attention: Mr. Roland D. Lynn City Manager rak4 iv�&� Dear Mr. Lynn: Re: Letter of August 29, 1975 Your letter of August 29, 1975 to the American Legion Post No. 20 with enclosure has been referred to me for reply. The lease that you enclosed is not acceptable to my clients for the following reasons: 1. My clients have a lease already on building number 107 for a period of five (5) years from January 1, 1973 to December 31, 1978. The lease you enclosed is a one year lease to become effective on September 1, 1975. 2. My clients are already in possession of the building under the lease of January 1, 1973. 3. My clients'rent under the January first lease is paid through January 1, 1976. 4. The rental called for in the enclosed lease is for in excess of the rental contained in their present lease. 5. Under paragraph thirty three of my clients'present lease, they are entitled to quit and peacefull possession and enjoyment. 6. The action by the City to unilaterally change, modify the present lease violates my clients' contract rights. -- - --- �_----vim - - !- "_! City of Kenai -2- September 4, 1975 7. The enclosed lease contains provisions that are not in their present lease and are unacceptable. 8. The enclosed lease is in violation of paragraph twenty- three of my clients' present lease in that "the modification shall not act to reduce the rights or privileges granted to lessee by this lease or permit nor act to cause the lessee i financial loss". _! For the reasons stated above, the lease modification -i you forwarded to my clients is unacceptable. Sincerely, �Q EDWARD L. GARNETT ELG:sp cc: American Legion Post No. 20 P.O. Box 1044 Kenai, Alaskan 99611 Attention: Mr. L.G. Strauss 1 • V Att-guai 29, I975 i -1 American I.rc►ion Pc,-,l "Io. 20 Post 7ffrr, )tax 1144 Renal, MnsIta 096/1 Attention: '•Ir. L. G. Strauss Dear Mr. Strauss: Please find sttschFd Fn tta-- eement h^twern the 4-ity of T'-#wf and the American Lpmpfon for lrnre of city enmed Inr. s or facilities. tt'ill you please. siirn wh-me indicated on pnc!e 10, have the Ltssee siwnnture notarized and return the kase to the City of T(r!nai fet• proper processir:M . Thank you for your ^-ttention to this mutter. If you should have any questions conce-nirta, this lease, do not hesitate to contict roe. Ve truly yours, Rolvtd IT. Lynn City Manager RPL: sp Attachment i ......... . The fallowing are disburuersients over $500.00 whi.ch need Council approval: VENDOR A14OU14T P. O. D-rcCRIPTION Anixter -Alaska 506.00 I— sk -- LI. 1, 649.,,1 ` General Services 1,452.00 Peninsula Clarion 610.33 Wince Corthell & Assoc. 1,305.14 S & C supply 617.34 items to be ratified 0. W. Construction 1,742.48 Romer Electric 4,095.93 Glacier State Telephone 1,500.00 rayles Fuel 1,252.49 State of Alaska 6,841.39 National Bank of Alaska 10,876.30 Dept'. of Administration 23,122.35 Doyles Fuel 2,430.47 Light Cable - Airport 7 .1 1 Meary vrzemium - 1rda r Boat rock Annual Payment Election Ads Contract Billing Sept. Billing Sept. Services September Consur-ption September Billing No Lead Gasoline Quarterly Reports Federal Deposit Quarterly Report Fh-op Gas & No Lead - ,-. res—.^. -r: --::-- --•—' - i CITY OF KENAI �i CONSTRUCTION OF SEPTIC TANK SYSTEM October 10, 1975 - 2: 00 P.M. FIRM NAME L ATTEST: BID AMOUNT WITNESS: Jo F. O'Connor', Finance Director ya C . Peter, City Clerk i r , n P 1 e CITY OF KENAI • w 4 t �✓ Vid cz,,,%4W oi 41adZa . r < , �--� _ • t. �� !��� ' }� � ,• P. O. BOX $QO KE'NAI, ALASKA 99611 TELEPHONE 383 • 7535 NOTICE '- The City of Kenai will be accepting bids until October 10, 1975 at 2:00 p.m. at the City Clerks Office in the Kenai Municipal Airport Terminal. Awarding of the contract will be October 15, 1975 at 8:00 p.m. at the City Council meeting. I These bids will be for the construction of a septic system including a crib and the construction of a sand point. The location of the project will be the CAP hangar =: which is located on the Kenai Municipal Airport at lo: the south end of the runway. The contractor will be required to furnish all materials, equipment, and labor. Contractor must be bonded with the City of Kenai. i - For more information please contact Phil Aber at the City offices. I ' I' is j —>. i4 i t- 1� T --:� October 7, 1975 Mr. Richard B. Engen, Director Alaska State Library Department of Education State of Alaska Pouch G Juneau, Alaska 99501 Attention: Mrs. Margaret Leibowitz Dear Dick: On October 7, I spoke with Margaret regarding a revision of our application. As you know, the construction bids came in almost $80,000 higher than the engineer's estimate. Also, we find that the library is being built on four lots rather than two. Consequently, the cost of the four lots combined is $42, 900 rather than the $21,450 originally requested. The land is owned by the City of Kenai, however, there are restrictive convenants attached to the land by the Federal Government. The restrictions require that the City pay all proceeds from the sale of the land to the airport operation fund for maintenance, operation and new airport construction. The Federal Government has been quite adamant about requiring the City to pay for land used and, In fact, were on the verge of declaring the City in non compliance. As you are well aware, being declared in non compliance by any Federal Agency stops all funding from all Federal sources until the non compliance question is resolved. It is for this reason that the Federal Government insists that all four lots be purchased rather than the two originally planned for. As a result of this, the estimate of costs shown in item 3 of the "Preliminary Application" for library construction grants is as follows: Site acquisition $ 42,900 Architect's Fees 28,000 New Construction 448,000 Initial Furnishings 50,000 Other (specify) 30,000 - Inspection, interest & Admin. Total Cost of Project: $598,900 G i Mr. Richard B. Engen Department of Education October 7, 1975 Page Two It is my hope that the State of Alaska will increase its grant from $330,000 to $359,340 and the City's share would be increased to $239,560. Would you please let me know if this meets with your approval. I am quite anxious to hear from you on the matter because the Federal Goverment is withholding a $619,000 grant to construct additional water transmission lines and new well. My hope is to go to bid on this project no later than the middle of December. Therefore, every day that the Federal Government holds up the approval because of the pending non compliance order, the greater the costs become. Therefore, I hope you will: I. Approve the project for $598,900. 2. Notify me as to your approval as soon as possible. I certainly appreciate your help in this matter, Dick. I know that you have personally been involved with the project for several years and we very much appreciate the efforts you personally have gone to In order to make this project possible. Very truly yours, . CITY OF MAI Roland D. Lynn City Manager RDL: sp CC: Mrs. Emily DeForest Mrs. Nedra Evenson CITY OF KENAI %Od (?ap" 4 4" F'. 0. sox $80 x8m. AM" "611 7"s BIDS RECEIVED C. A. P. SAND POINT AND SEPTIC SYSTEM 1. Blocky Rutherford Backhoe $ 2,375.00 2. Larry Hobby $ 2,439.00 3. Rob inson.',.CqlAstru.ct.ion $ 2,479.00 4. R.1-1- Borgqk & Son Excay.ating 2,747.00 d ow CITY OF KENAI 7to ea in" 0/ 4" ZV $0 - -W id Rill 111, P. 0. BOX $80 KENAI, ALASKA 99611 TELEPHONE 283 - 7535 Ai DATE: October 15, 1975 TO: City Manager FROM: Finance Director SUBJECT: Airport Land- Warm Storage Based upon our discussion with Donald Wilcox of FAA, the following is a projection of the cost and an- ticipated revenue to the Airport Land Fund if it does construct the warm storage building and lease them to the Public Works Department: Total Funds "Requir ed 42,900 Source of Funding: State .'Grant 'Funds $ 25,740 City Bond Fund 17,160 $ 42,900 ed' tic"t- $33,000. This * at 'cosof the two warm storage -buildings is Kis will leave a residual from the sale of $9,900 that will'kevert to the Airport Land Fund. Additional revenue 'and - recovery of ihe'capital costs of acquiring the buildings will come from rental payments by the General Fund to .the Airport Land Fund of $11,,520 per year. If the City chooses to lease these lands, it would net only $2,500 per year. If the above proposal is adopted, the Airport Land Fund will recover its costs within 3 years after which it will realize approximately $3.0,000 per year more than by leasing the raw land. u -, Caa.liej lv,��, J � � ilaxrua ii /lnii.�i .. National Trust for Hrslof^1G .PI ese 1 !11101? . , :a ` WEST COAST OFFICE 802 MONTCOMrRY STREET SAN FRANCISCO, CALIFORNIA 94135 (415) 999.64211 September 3, 1975 Mrs. Beverly Fillip Planning Commissioner P.O. Box 1115 Kenai, Alaska 99611 Dear Mrs. Fillip: Robertson Collins and I very much enjoyed the opportunity to visit ' Kenai in early August and to see those areas of the community where older and historic buildings survive. We would both encourage the city govern- ment and private groups and individuals to pursue a course of preservation. programming and development in the older part of the community. I think we both felt Kenai had a fine collection of older buildings, although in many cases covered over or altered by later "improvements." So far, recent development appears to have avoided the older part of the city, in general, and so much does survive. Now would be the time to begin serious planning for its future care. Today, historic preservation is viewed as a community development process. Increasingly, it is less a role of preserving a few structures to be converted to museum uses and it becomes a part of the whole planning process. As such, vie would suggest that development of preservation programming would be a proper function of the Kenai Planning Commission, in concert with the Bicentennial Committee, the historical society and others. Preservation should be viewed as urban conservation-Ahe protec- tion and enhancement of the best of your man-made environment which ' distinguishes Kenai from other. communities. Preservation of older buildings and the general physical character of the older part of town' should be viewed as a process of rehabilitation and maintenance for } continuing or adaptive uses, as residences, offices and businesses. Only . i; in rare instances should it be viewed as a house museum process. We think an important initial step should be to undertake a detailed survey of Kenai to determine as precisely as possible what your stock of older buildings is. I am enclosing a brief fact sheet we have developed on volunteer preservation surveys. Once buildings have been identified and researched, and they have been located on maps, one can begin to visualize where collections of older buildings exist, where preservation riorities should be placed, and where the community may have potential historic districts. Also, such a survey may often be a means of dis- covering important older buildings where changes have been made which obscure the original fabric. In our brief•drive through Kenai, I noticed s Hadgoarters OlGcet 740.748 Jackson Place, N.V✓.. Waahin8ton. D. C. 20009 (202) Si2-1)04 f34idrat OlGoet 1800 South Prairie Avenue. Chicago. Moo's 40619 (112) 842-0170 `r' } , � •rr , . Mrs. Beverly Fillio -2- September 3, 1975 a number of buildings which had been re -sided, had roofs or windows chaiiyed, etc., but appeared by roof shape, dimension and form to be much older structures than they looked like on the surface. Once the survey has been completed, the planning commission can begin in ernest to develop action programs to preserve and enhance Kenai's older neighborhoods. Possible sources of survey funding: National Historic Preservation Program - It could be possible, under the provisions of the National Historic Preservation Act of 1966 to develop a survey of Kenai utilizing matching funds available through the National Park Service. In Alaska, this program is administered through Mr. Russ Cahill, Director, Division of Parks, 323 East Fourth Avenue, Anchorage 99501..In several instances in other states, National Register funds have been used for survey and planning work within given communities. 701 Comprehensive Planning Funds - Through the 701 Comprehensive Planning Program of the Department of Housing and Urban Development it would be possible to use planning funds for survey and inventory work on historic resources as a part of an overall comprehensive planning program. Information on the applicability of this program would be available from Alaska's state planning agency. I assume that would be either the Alaska State Housing Authority or the Alaska Department of Community Development. National Endotment for the Arts - Through the Architecture and Environmental Arts Program of the National Endowment for the Arts, planning funds may be available on a 50:50 matching basis under the national theme awards program. The theme for this year is "City Scale" and the objective is to determine what elements define the human scale of a community and to develop appropriate plans for their perpetuation and enhancement. Conceivably, survey and planning work in old Kenai, with the objective to developing active programs for the preservation of this area, Might relate to the City Scale theme. The application deadline is November 3, 1975, and further -information and application forms would be available through Mr. William Lacy, AIA, Director, Architecture and Environmental Arts Program, National Endowment for the Arts, Washington, D.C. 20506. National Trust for Historic Preservation - The National Trust is able to make small grants for consultant services to its member organizations, on a competitive basis, for specific aspects of an historic preservation program. Grants have ranged from $200 -to more than $7500. Information on this program.is enclosed. Alaska Department of Community Development - This state agency has, on at least one instance in the past, provided financial assistance to a com- munity to undertake historic preservation survey work. Grants, as I under- stand it of up to $5000, may be available for community planning work. In addition, this agency may be able to provide some technical planning assistance. The address is Pouch B, Juneau, Alaska 99801. - __-•fir-. 1 �_...«.-,_-_.z=....,.�. - � _.. �, ,. moi:: .�--�..�..-__�'.�•, . I Yl uII III�� �� ��� �� �� o� no lu nl IIY II III II r s a Mrs. Beverly Fillio -3- September 3, 1975 The enclosed fact sheet helps to indicate the uses of a preservation survey. Once the survey is completed, it becomes a tool for preservation activity. For example, you may find that the city does indeed have several solid concentrations of historic buildings and you may determine that a local historic district or landmarks ordinance is justified. It may be that some revisions in existing zoning, designed to recognize the historic significance of these areas will be warranted. As has been the case in several communities, the survey may provide a basis for utilizing community development funds for a housing rehabilitation program. lie would encourage you to look at such a project not simply as a survey but as a basis for deveioping-some urban design standards and guide- lines within old Kenai. Factors such as materials used, how buildings are sited on their. lots, form and dimension, roof shapes, setbacks from the streets, etc., may be factors in determining the cohesiveness of these older neighborhoods as much as historic importance. It may also be that such, common elements should be a basis for establishing certain standards for new construction in the area. Rob Collins and I both feel that old Kenai appears, superficially, to have sufficient merit to warrant a careful investigation of its stock of older buildings. He hope that such research might be the basis for active preservation planning and programing. � Me both enjoyed our visit. ile hope that the enclosed materials will be helpful to you. And are both would like you to know that we're around to help if we can in the future. Sin re r� "Wle cc: Mrs. Bary Ford Star Route 3 Kenai, Alaska 99611 Enclosure 6ohn-1. Frisbee, III Regional Director I.-- - I *'---i " - National Trust for Historic Preservation 740-749 JACKSON MAR CE. M. W. WAMINGTOW. D. C. l �G' A.nu i lLrr�jt f11u<w (toy 3.1.3xw UISTOr.IC DISTr.ICT Or.DIM4?ICLS--LA=ID MX 3 C7.@2SrI0,! O'.DI3IA- I S Basically, there are two types of historic Preservation ordinances: `"historic district" ordinances and "landmarcAi scion" ordinances. An historic district ordinance controls an area in uhich rany'or most of the buildinps are historic or architecturally sillificant. Historic district cormdssions penerally have control over all building% within the district, i.e., aistoric or architecturally si-,nificant butldinrs, as well as non-historie or non -architecturally simificant buildings. Some historic district ordinances dive the historic district commission authority to pernanently bar the demolition or exterior alteration of historic or architecturally siCnificent buildings within Uie district. A ]andrlari:s cormission ordinance, on the other hand, covers the entire city or county or t:aatever area. The buildings a landrar!:s co=dssion protects are sprinkled.at random throughout its jurisdiction. Generally, -� landmarks cormsission ordinances do not provide for control of areas _ adjacent to historic or architecturally significant buildings. Landmarks commissions, as far as I know (with the exception of Bew York City under special circumstances), cannot bar dzmolition or alteration of historic or architecturally significant buildings; they can only impose a stay of &6olition or exterior alteration. Although landmarks commission ordinances can and do cover historic y, districts, landmarks coindssion ordinances as presently drapm do not provide as stroag protection for historic districts as historic district ordinances do. i Historic District Commission Ordinances Although historic district ordinances vary in particulars, they all _ contain the follawing basic provisions: — 1. An historic district commission is created with jurisdiction over the district. I'esernarron urogreJcr��,�/,n�tt'�t�tJ►,y�-,yam 7 i 5. k _I q Ke - � t I.-- - I *'---i " - National Trust for Historic Preservation 740-749 JACKSON MAR CE. M. W. WAMINGTOW. D. C. l �G' A.nu i lLrr�jt f11u<w (toy 3.1.3xw UISTOr.IC DISTr.ICT Or.DIM4?ICLS--LA=ID MX 3 C7.@2SrI0,! O'.DI3IA- I S Basically, there are two types of historic Preservation ordinances: `"historic district" ordinances and "landmarcAi scion" ordinances. An historic district ordinance controls an area in uhich rany'or most of the buildinps are historic or architecturally sillificant. Historic district cormdssions penerally have control over all building% within the district, i.e., aistoric or architecturally si-,nificant butldinrs, as well as non-historie or non -architecturally simificant buildings. Some historic district ordinances dive the historic district commission authority to pernanently bar the demolition or exterior alteration of historic or architecturally siCnificent buildings within Uie district. A ]andrlari:s cormission ordinance, on the other hand, covers the entire city or county or t:aatever area. The buildings a landrar!:s co=dssion protects are sprinkled.at random throughout its jurisdiction. Generally, -� landmarks cormsission ordinances do not provide for control of areas _ adjacent to historic or architecturally significant buildings. Landmarks commissions, as far as I know (with the exception of Bew York City under special circumstances), cannot bar dzmolition or alteration of historic or architecturally significant buildings; they can only impose a stay of &6olition or exterior alteration. Although landmarks commission ordinances can and do cover historic y, districts, landmarks coindssion ordinances as presently drapm do not provide as stroag protection for historic districts as historic district ordinances do. i Historic District Commission Ordinances Although historic district ordinances vary in particulars, they all _ contain the follawing basic provisions: — 1. An historic district commission is created with jurisdiction over the district. I'esernarron urogreJcr��,�/,n�tt'�t�tJ►,y�-,yam 7 i 5. k _I q Ke - -2- 2. Buildings within the historic district cannot be devolished or the exteriors altered without the permission of the historic district cowdssion. 3. Procedures are set forth for appealing; the denial of an application to denolish or alter. 4. Where an ordinance does not prohibit the demolition or alteration of the exterior of architecturally or historically significant buildings within an historic district, stays of demolition or alter- ation are provided, Curing which time modification of the proposed action is sought or a purchaser for the building is sought. The historic district ordinances for Alexandria, Virginia; Charleston, South Carolina; Nantucket, lWaachusetts; and the Vieux Carre Si.storic District, 11aw Orleans, Louisiana, are among the strongest in the country. Ustoric district commissions acting under these ordinances can prohibit the demolition or alteration of the exterior of architecturally or historically siorifieant buildings within an historic district. Other historic district ordinances only provide for a stay of demolition or alteration. Note that under these historic district ordinances no specific buildings are designated'as architecturally or historically significant. All the buildings within the historic district arc subject to the control of the historic district commission. This blanket control allous the Commission to control the erection of nevi buildings whose architectural style, mass or materials would be incompatible with the character of the district. Likewise, control is exercised over alterations to buildings that are not architecturally or historically significant but which alterations, if not compatible with the character of the district, would Intrude on the character of the district. Although the Charleston ordinance is primarily aimed for the historic district, the ordinance also covers individual historic buildings located outside the historic district and within the city limits of Charleston. See Section 51-290). Raiever, the protection afforded historic buildings outside the historic district is substantially less than protection inside the historic district, i.e., demolition of historic buildings within the historic district can be absolutely barred while demolition of historic buildings outside the historic district can only be delayed. Although the Alexandria historic district ordinance is strong in terms of prohibiting demolition of historic buildings, there are two provisions which are having an adverse effect on the district. ?4o building constructed after 1846 is protected. There are buildings constructed after that date which merit protection. Secondly, the - __ I ordinance requires that revy buildin-a, residential and co�rcial, be constructed in a pre -1346 architectural style. ilius good contemporary architecture designed to harmonize with the character and scale of, the district is barred. •.there an ordinance does not provide for pern.-nently barring demolition or exterior alteration, a stronfter alternative than just a simple stay is found in the Alexandria historic district ordinance. Althou?h demolition and exterior alteration of historic buildings can be barred under this ordinance, the ordinance also provides that sphere ar. o,rner has been dented a permit to decolish an historic building, the ot-mer can offer the building for sale to the public at fair market value and if no buyer cores forward vho idll agree to preserve the building, the building nay be demolished. Under this option the building rust be offered for sale for at least three months for a building priced less than $25,000 to as loaf. as twelve months for a building with an offering, price of $90,000 or tire. Alexan- dria Code Secs. 42-96.2 and 42-96.3. 11 Landtaarks Commission Ordinances Landmarks coandssion ordinances differ substantially from historic district ordinances. LandmarIw commissions have jurisdiction over an entire city; historic district cowdssions only control the area of an historic district. Ilowever, landrarlm comrd.ssious nay also be riven authority over historic districts --+?.sere historic district comrdissions do not exist. :tistoric district ordinances establish historic districts. On the other hand, ordinances creating landmarks commissions do not designate buildinfs as land- marks or areas as districts. Rather the landmarks c0M13Si0n is directed to conduct an architectural survey and to nominate to the city council the buildings or areas the cot.-iission finds worthy of designation. The cost marked and important difference bets -seen landtwrlks commissions and historic district commissions is the posers of the commissions. Generally landmarks eomissions do not have the breadth of powers of historic district cotv.dssions ---although there are a feW exceptions, such as New, YorI: City. Frequently landmarks commissions are only advisory while historic district commissions can exercise actual power. Specifically --many or cost landmarks commissions do not have the power to deny an application to damolish or alter the exterior of historic buildings; they can only recommend to the city council that an application be denied. historic district cosaesissions on the other hand usually can deny an application--althout�i frequently this is only for a set period of time. Landmarks ordinances and historic district ordinances *say also differ as to the lel protections for historic districts established under each type of. ordinance. Generally under landmarks ordinances, buildings in an historic distr.et which are not desig►ated as historic or architecturally significant are not subject to any control by the landmarI:s commission. This differs from the treatrsent provided under historic districts where all buildiars within the district are subject to the control of the historic district commission. Thus, new construction or exterior alteration to non-deci-,pated buildinSs which would be incompatible with tae historic district's character is not controlled. -4- Section 1.4002(1) of tae Cl:Deland ordinznc. eefines ''Landman: district" as encomnaspiuC P.2 -ca edjecent to an hir�'or?.c di�Lrict which. way be regulated for the benne(=t vf t: -P. Watoric The ordinance establishing the Yew York City Landmarks Preservation Commission has the unique provision that a building desilpated a Lmdmark or as area desim. ated an historic district cannot be demolished of altered if the building and site are capable of earning a reasonable return, &-fined (Section 201••1.0(q))as a net return of six percent of the assessed valuation of the building; and its site. In conjtirtion with this, the Landmarks Commission with the approval of the Board of Estimate ray grant a partial or complete tax exemption or the remission of tax to brinn the net return tip to six percent. A good account of the 'Ptaw York City Laud - marks Preservation Commission is contained in the pamphlet, Linda:-r'l Prese:t►aticn by John S. Pylke, Jr. These ordinances should only be ta?:eu as exar-)les of what other cities have done, given their peatfcular state laws and, most importantly, the attitude of local puulic officials touards historic preservation. If preservation is viewed as a way of protectin tha character of a neighbor- hood and enhancing desirable qualities of a co==mity's life, then the povers of an historic district comrrd3sion or landvar'3 commission will be drawn broadly and strongly, e.g., the ccdroion can prohibit the demolition of landmarks. If, on tre older hand, historic preservation is viewed es a threat to the unrepul.ated develop nt of pri:•ate property, then historic preservation ordinances twill not be very stror.p, e.r;. One covi-mLsoica c. ^_n only stay the demolition of histeric Luildia r, far s;tort lengths of tine or not at all. III ConstitutionaiLty and Legality of Historic Preservation Controls Tiere is consid::rable belief that historic preservation ordinances are unconstitutional. The rer.3oniars is that since historic preservation ordinances restrict owners of :historic buildings from chin^ with then as t:-sy please there is a ta:in- of private property •:Lthcut crA periE-tticn. I. t-ha=e is a "taking,"' of private propertp as a result of an historic preservation ordinance the U.S. Constitution requires that just corgen- sation be paid. however, it is also equally well established in constitu- tional law that private property may be "re fisted" to promote the public welfare. The test of the constitutionality of a control is whether the control is reasonably related to the promotion of a legitimate public purpose. In U.S. v. Gettvsburl: Elect+ic R. Co., 160 U3 663 (1890), the United States Suprem Court held that historic preservation was a public purpose. To the same effect see Flacconto V. :favor and City Council of Baltimore, 71 A2d 12 (1950). In Trustees of Sailors Suu:t=harbor v. Platt, 288 YLS 2d 314 (19613), the lkw York Supreme Court, Appellate Divis4.on, held that: 3 r...-af-�, r. . i iii i ... �_ .� .-.- ..-� � _ _ �.-.._ _ r � .• X11 I I�.,I i -5- We deem certain of the basic questions raised to be no longer arguable. in this category is the right, within proper limitations, of the state to place restrictions on the use to be made by an otmer of his own property for the cultural and aesthetic benefit of the community. The leading case on the constitutionality of historic preservation controls is Haher v. City of New Orleans, 371 P. Supp. 653 (1974). The United States District Court upheld the constitutionality of a denial by the Vieux Carre Historic District Commission of an application to demolish an historic building; in the historic district --the famed French Quarter. 11aher applied for a pewit to demolish a one story historic building used as a residence and to construct In its place a seven unit apartment. Haher argued that not permitting; him to erect the apartment in place of the residence was a teming of his property because he uas being forced to forego the greater income that would be gener- ated by an apartment building. The court responded that: A zoning ordinance, as an exercise of the police power, 'will almost always reduce the value of rights of some individuals,'but that doe's. not maize it unconstitutional. Mdf v. City of Sprinpfield,- 380 111. 275, 232, 43 N.E. 2d 947, 951 (1942). Such a law becomes confiscatory and thus unconstitutional only when it 'goes so far as to preclude the use of the property for any purpose for which it is reasonably adapted.' Surmrs V. City of Glen Cove, 17 N.Y. 2d 307, 217 N.E. 2d 663 Ct. App. (1966). 14aher also argued that his building was not of outstanding historic or architectural significance. The court said: The protection of the 'quaint and distinctive character of the Vieux Carrel depends on more than the preservation of those buildings agreed to have great individual artistic or historic worth. Just as important is the preservation and protection of the setting or scene in which those comparatively few gems are situated. Other cases under the Vieux Carre Historic District have involved the restriction of ice size of signs within the district. The ordinance was attacked as a taking without duo process of lace. The ordinance was upheld on the ground that the historic buildings create a tout ensenble which has .commercial value . . . because it attracts tourists and conventions to the city", City of New Orleans v. Pergament, 198 La 352, 5 Sold 129, 131 (1941). See also City of Pew Orleans v. irmastato, 198 La 206, 3 So2d 559 (1941); and Citv of 'lieu Orleans v. Levy, 223 La 14, 64 A.2d 798 (1953), 253 La 844, 98 Sold 210 (1957). In Bohannon v. Citv of San bieeo, 30 CaA. 3d 415, 106 Cal. Rptr. 333 (1973). The court upheld the decision of the San Diego architectural control board denying an application to erect an outdoor adver- tising sign in the Old Town historic District, which.the board found did not ewfo= to the character of the district. In Opinion of the Justices to the Senate, 128 NE 2d 557, 128 UF: 2d 563 (1955) the Massachusetts Supreme Court in coa enting upon the.constitu- tionality of bills pending before the legislature to establish the Rantucket Uistoric District and the 3eacon 'sill N storic Mstrict held that the bills were for the "proration of the public welfare' and that the restrictions on demolition and exterior alteration of buildings within the districts were not takings of property without duc process. ".e court noted that the preserva- tion of the character of the historic districts would have a beneficial Impact on the economies of the comf",unities. I In Rebnan v. City of Sorinefield '"_ I11. app. 2d 430, 250 !772d 232 (1969) the court held that the Sprin-field historic district ordinance that controlled the height, demolition and exterior alteration of 'builAin4s is the district was not an unconstitutional taI;in; of property without due process of law. _4 I" On the general question of zrhether property controls constitute a regulation not requiring compensation or a taking requiring that compensation i be paid the owner see The Taking issue. It traces the meaning and history of the regulation of private property versus the taking of property. The recent trend of cases indicates that many courts are holding strong control of the �. development of property to be re!?ulations not requiring compensation rather than takings requirin;; compensation. r State enabling, act versus ,eneral zoning ;ower. About half of the states have enacted statutes authorizing local ,overnr+ental bodies to enact historic preservation ordinances. Cities in a majority of the half of the states not having enabling acts have enacted historic district ordinances under the general zoning power. Such states are California, Colorado, Ohio and tdew Jersey. There is only one reported case dealing with the le-ality . of historic preservation controls enacted under a nunicipality's general i ironing power. In City of Santa Ise v. Garble-Sko ro Inc., 73 IMM 410, 21,9 ?2d .. - 13 (1964) the 111ew Hexico supreme court held that an ordinance of Santa T'e establishing; the Santa Fe historic District, which was not enacted under an ` historic district enabling act, was legal because the city zoning power regulated the erection, construction, alteration or repair of builll In City of Dallas v. Crowinrich the Court of Civil Appeals of Texas on February 21, 1974 (opinion not yet reported) upheld the suspension. of Issuance of building permits along Swiss Avenue pending the completion of an h architectural survey and the imminent establishment of the Swiss Avenue i{ Historic District. Even though the general rule is that a building permit must be issued if all requirements are met, the court held that "a city under the authority of its police power can naintain the status quo of an area t" i when there is a zoning plan under consideration or pending at the time a i.=-! party applies for a building permit.'' See 2 Rathkopf, The Law of Zoning, 3d ed., Ch. 57, Sec. 14, administrative delay in processing application to prevent acquisition of vested rights. is ? In City of Annapolis v. Anne Arundel County 316 A2d 807 (1974) the Court of Appeals of tgaryland distinguished historic preservation zoning from !~ traditional "use" zoning. The court held that an historic building owned by " - a county in the city's historic district was subject to the city's historic district ordinance. The general rule in traditional zoning is that one poli- tical subdivision is not subject to the zoning laws of another political subdivision. The Annapolis rationale was initially developed in 57 Ops. lid. Att'y. Gen. 121 (1912). See also Citv of Ithaca v. County of Tompkins —= 355 N.Y.S. 2d 275 (1974). t . P; _7- IV Recommended Legal Publications (available from National Trust Bookstore) in 1971 the national Trust sponsored a Conference on Legal Techniques In Preservation in flashington, D.C. The proceedings have been published in two volumes: the historic preservation issue of Law and Contemporary Problems, and Leal Techniques in Historic Preservation. The articles contained in each are as follows: Law and Contenoorary Problems, $4. Precedents for the Future The Pesponse of Federal Lepislation to historic Preservation The Response of State Legislation to Historic Preservation Contemporary Developments in British Preservation Lair and Practice Historic Preservation in the American City: A New York Case Study The Philadelphia Historical Cor=ission: Organization and Procedures Architectural Controls and the Individual Landrark Standing to Sue in Historic Preservation Cases Techniques for Controlling the Surroundings of historic Sites Blacks and Historic Preservation Historic Preservation in the Context of Environmental Law: Mutual Interest in Amenity Lepal Techniques in Historic Preservation, $4. 4 Why Preserve I?istoric Resources? _ _ - History of the National Trust's Involvement in Historic Preservation Law A Lawyer's Viewpoint The Response of Federal Legislation to historic Preservation Impler.+entation of Preservation Legislation: The Department of the Interior and the Advisory Council on Historic Preservation Historic Preservation and the Urban Renewal Program ' The Response of Federal Transportation Legislation and Policies to Historic Preservation The General Services Administration and the Surplus Property Act.of 1944 ` Administrative and Procedural flatters Before Boards of Review The Use of Easements for historic Preservation _ { The Advantages of Facade Basements Implications of Urban Social Policy: The Quest for Community Self -Determination Preservation Law at the Rational Trust: A New Service A Guide to State Programs (1972), $S. Contains the following information on historic preservation in each state and territory: Legislation-- ; historic preservation statutes enacted; State Liaison Officer for Historic Preservation; professional state review board; statistics on nominations to National Register; grant-in-aid programs; historic sites owned; - -- technical assistance programs; training and education programs. E f,: i n � .n �.����m I. nnl �I II I I�1111I�YIIaI�w.•�•• • •• __ s --- �.f.G.Yrl��r'�, n _8w Guidelinos for Starr_ Ilistor.ic Preservation Lepislation, published by the J Advisory Council on Historic Preservation, 1972, free. Contains chapters on the following: State tIistoric Preservation Agency;.. Conservation of Archeological !resources: Protection and ^.ecovery of Underwater Historic Properties; State Advisory Council on historic Preservation; State Histori- cal Tract; Enabling Legislation for meal Preservation Activities; Preser- vation Procedures to Guide State Agencies; Tax Incentives. Historic Preservation Law, by Jacob H. Ttorrison, published by the National Trust, 1965, 198 pages, $2. Contains the following chapters: basic origin, increasing scope and growing importance of preservation laws; approval by the courts of regulating private property in the public interest; progress and development of the law preserving historic private structures; 126 page appendix of digests or analysis of historic preservation law or0inances and statutes. Suvolemnt to Historic Preservation Law, by Jacob H. Horriaon, 1972, 98 pages, $1.75. Updates historic Preservation Lay. The Taking Issue, published by the Council on Environmental Quality, 1973, 329 pages, $2. Traces the meaning and history and recent developments In the "regulation" of private property not requiring compensation be paid the owner versus a "taking" of property which requires compensation. "The Police Power, Erdnent Domain and t:ie Preservation of Historic Property", 500. Discussion of historic district legislation. "The Chicago Plan: Incentive Zoning and the Preservation of Urban Landmaeks", 750• `'Land Use Controls in Historic Areas", $1, reprinted from 44 Notre Dame I&Ver 379 (1969). Marshall: A Plan for Preservation, 86 pages, 1973, $2. Architectural survey of the entire city. Buildings are evaluated according to four i factors: historic si3nificance, architectural merit, environmental I' appropriateness, physical condition. The entire city is divided into five treatment areas: restoration, major residential preservation, minor residential preservation, commercial preservation, natural and open -space i l preservation and zero preservation. Historic Preservation Plan. Savannah, Geora.a, 32 pages, 35C. Sixteen { factors with illustrations for evaluating designs for proposed new °y construction in the Savannah Historic District. I -' Landmark Preservation, 2d ed. 1972, 500. Operation of Vew York City Landmarks - Preservation Commission. For additional legal materials available, see the Law and Legislation section of the National Trust Bookstore Catalogue. Postage and handling should be included as follows: 50c for orders under ,-� $10, $1 for orders $10 to $20, $2 for orders over $20. Michael F. Fliedl III • Assistant for Legal Services r Uareh 14, 1973 Department of Field Services I— -_W - y C+trAiw� �.yJ. rlvtriu i //trinjt Nation.al Trust avfor - ' 740.748 JACKSON PLACE, N. W. WASIiINGTON, D. C. 20006 (202) 63S•52W CISTORIC P?! -:S W- FATIOl1 PLAiTIMIG " Our nation's historic and cultural resources face the constant threat of destruction fron changes to the environment such as development pressures in the force of residential, commercial and hirhway construction. It has become inereasingjy apparent that these•resources could be protected pore effectively thronnh the development of comprehensive historic preservation plans at the local, county and state levels. It is the intent of this short ,paper to Rive the reader a better understanding -of what a historic preserva- 'tion plan is, and what are its uses. Information is alsio provided on the hiring of a consultant, funds available for survey and planning wore:, a bib- liography of historic preservation plans, educational opportunities and further information In the field. A historic preservation plan generally identifies structures and areas of architectural and historical significance worthy of preservation, outlines policies and goals for achieving their preservation and recomwnds methods for accomplishing these objectives. The plan provides'a means for integrat- Ing the preservation of historic resources with'the processes of growth and change by indicating how and where new development can tale place so it is compatible with the historic character of•the area. Although there is a wide variation in the content of these plans, emvmn elements can be noted. For exanple, many plans include a history of the'grouth and development of the area under study as well as an analysis of architectural styles repre- sented. Generally, a description of the area is given includin.-, population, land use and building condition characteristics. A ley element in•the plan Is the survey of all structures of architectural and historical significance. In :more recent plans, the survey also includes -those elenente that enhance jj the surrouading.enviroment, for erazV e, landscape features and man-made objects of interest such as lightin„ fixtures, fire hydrants and other street furalture. Buildinis•are•selected for inclusion in the survey based on neet- Ing pre -established criteria such as that used by the national A.egister of Historic Placeu. The buildings in the survey are then evaluated taking Into account some or all of the following factors: (1) the architectural and historical sirnificance of the building, (2) the extent to which the build- - Ings land use is compatible with other structuress in the area, (3) the"In- portance of the structure to its neighborhood, -(4)' building condition, and (S) presence of environnental qualities. 17he National Register of Historic Places is a list maintained by the *•tlational Park Service, U.S.'Department of the Interior, of buildings, sites, Objects and districts important in American history, architecture, archeol- ogy and culture. 11 711n■ .. __ - 13 I I I s _ -2- The buildings are then grouped according to their level of importance and priority of historic pre.wrvation trvat:rtnt. For example, the highest group would contain structures of outstanding architectural and historical significance to be preserved at all cost. naildin;s included in the lo:yest eateoory would not merit preservation and could be replaced by nets construc- tion compatible with the area's historic character. This information is then recorded on a nap which indicates the location and concentration of significant structures 'as %yell `a's ritas where future development may take place without destroying the historic integrity of the area. . The historic preservation plan also. contains recoarmaidAtions for the future preservation of tiie.historic and cultural resources.bascd on infor- n ation derived from the;.suiivey as well las •other sources. Such recomnenda- .tions ni.;'it include the follotyin^:- (i) $ statement of historic preservation philosophy and goals, W the establishment of ictal controls in the form of ..• a historic district and.. landmark ordiitanee,' ,easement program and sl(ri ordi- .nanee, (3) proposals for -revision of the existing master plan. zoning ordi- Rancey-building and housing codes, and- (4) plannin recommondationp such as inprovenenta in,part.iaag and. -traffis circulation syutans anI land.,use patterns. SOM plans contain cost estinatcs for rehabilitation Budareco1:raen4_ financing mechanisms for carrying out the historic preservatioai objectives. is 1 • Once completed, the historic preservation plaza serves as a gulde•to agconrsishing historic preservation osbjgctives and channeling future,develop- activities into appropriate ,areas. The pla! ,itself should be, pfficinily adopted as part of the local comprehensive master plan. and used by'.*14nniatg agencies at other levels. of .government. . The plan should also tie a xPference document for private institutions and other public agencies such as:Oe. ,Vublic vorl:s, hightzay.and; part;. depirtrients in planning their projects. It nay, be necessary to carry out.a public information progran on historic.pres- ,•ervtation objectives so.that public..o€ficials are receptive to using the. ,r. -.historic preservation plan objectives•in their rnm planninN pro,^.rans.� • jzr • .. ThelaistorAc• preservation. plan. ial.sp serves as a tool for' the roneration -of public support for historic pre$ervatlon activities. It should, be iyidely .,disseminated and used to influence elected officials,.particularly theluayor ;and city council., as sell as citizen .groups,.' • Illstoric. prt:a3ervatioii activi- ., ties are most successful in counu 4ii ei. ghat have stzoijp c4tizeia support. +`.r11 The quality of the historic preservation plan is greatljk affected by • .ti}e.professiona]..capabi'Lity. of t�hosg rirepyari-ag the pian and by available • ..• .financial .resources. Planning anp!e FIes and historic, preseivap�ori orsan�za- tions lacking specialized. expertise- frequpotly contract witi;eprofessional .r .piarMIM.consultantaato uadertale -q cla studies,. .,ton- may wish to refer, to "Selecting a Professional Planning Consultant. and A, dninistration of hal RFpew ,. 2Fact .sheata, entitled.,"Saurcesl of Project. I iplementation Funds" and. "historic '•District Ordinances -Landmark .Cormaission.Ordinances"•are available itcn;=hi: Department of Field Services upon request. ti•. :, 1;, J R� i' s - 1 s t �� ...h i� �uuI�YM.YYYnlII Yu Ylu oliWu�lYll �Ir�l I ... Y r. „ a « My preparled by the American Institute of Planners and American Society of Cosy sulting Planners which is available from the Tru.t boc::store for 250. The ?rational Trust also maintains a file of qua:;fird professionals in tree field of historic preservation from which r.ecom. endationz car, be rnada to your organization upon request. There are several sources of funding available for survey and plannin; programs Which would enable your or^;an:zation to have these services per- forne-? by professional experts. Me Rational register program, sponsored by the rratiraal Pari: Service, provides ratching !;rants -in -aid for historic preservation plans and surveys in participating states. To be eligible, your state must adopt a stateilde preservation plan approved by the rational Pard: Service. A fact sheet on the rrational register is available upon re- quest from the Trust's Department of Field Services. For further inforua- tion, you should contact the State Historic Preservation Officer (whose name appears on page 6) responsible for administering, the progran in your state. The Department of housing and Urban Developrent, under the Com- prehensive Planning Assistance progrnm, also provides up to teo-thirds of the cost for surveys of architectural and historic resources and the prepara- tion of historic preservation plans. Other activities eligible for funding under this protean include: (1) establisrnrent of criteria for the evalua- tion of historic and architectural resources as identified in the survey, (2) evaluation of the resources identified, and (3) preparation of historic district legislation and other preservation controls. For further inforna- tion on this program, you should contact your tocsn or county planning agency. The rrational Trust also operates a Consultant Service Grant pro!;ran which provides matching, grants to hire professional consultants to advise on preservation. An application for this grant pro -.ram can be obtained by Writiur to the Departnent of Field Services. To develop a historic preservation plan for your coca -unity, Fre sutrrest that you examine a broad range of plans and select elements that are relevant to the planning needs of your community. A-sbo;X bibliography of preserva- tion plans you nay wish to refer to is'atiacdied. Sone of these are available from .the Trust bood:store. If you are interested iw learning mare about the field, one -Freer: courses In historic preservation planning are offered by both Cornell University and the University of Vorth Carolina in the sumer. The Preservation Institute: Vantuchet offers sunnier programs at the pre -professional and professional levels in historic preservation. Information about these programs as well as rrdmeographed information on'schools offering career training in historic preservation can be obtained from the 'Trust's Depar meat of Education, In addition, the two national organizations of planners, the American Institute of Planners (AIP) and the American Society of Planning Officials (ASPO), occasionally offer historic preservation sessions at their annual Meetings and publish relevant materials. Ifeszbership in the AIP is restricted to professionals working the field of urban and re;ional planning; ASPO =wbership is open to any person interested in the broad field of urban planning. For further information, write to AIP at 1776 Iiassachusetts Ave., dd.dl., drashington, D.G. 20036, and AM at 1313 East Goth St., Chicago, 111. 60637. i I ��� yi..r. -,_ _.yrs- ., _ - ..+...- _ _ .. �...._ i i � i i (i ••n._ .., .... i . >.a. 1 "i i � i jam' ' J _ SELF.C'1' LIST Or . HISTOKC PrZPr.^."?`TO" General Peadinq Conservation of Hf^tr•+ic anI Cultural 17esourcess, Palish % lsiner, I American Society of Planning Officials, Adzisory Service Paport t1b. 244, 1969. This report defines and discusses key issues in historic and cultural conservation. The basic elements of a cox--rehensive con- servation program are presented in an urban planning framework. (Available from Vie Uational Trust bookstore for $5.00) Planning and Historic Preservation - The Old Tams Alexandria, Experience, Paul id. Rasrussen, Planners Motebool:, vol. 3, ±1wher 1, February, 1973. A case study of preservation efforts in Alexandria where preservation is an integral part of the city planning process and has been actively supported by Toth city, hall and citizen groups. (Copies are available from the Ar+erican Xnstitute of Planners, 1776 Massachusetts Avenue, !*.ti., washington, D.C. 20036, for $2.00.) Comprehensive baster Plans tti.th Historic Preservation Element A Plan for Historic Preservation in Denver, Denver Planning office, June, 1974. A historic preservation plan for the City and County of Denver officially a&»ted as part of the VoWrehensive mas- ter plan. A comprehensive survey of neiShborhoods was undertaken by volunteers from •which an inventory was prepared. P.ecormandations in- clude creation of architectural conservation districts and development rights transfer zones in addition to traditional legal controls. The 'plan is an important exam. lo of hof a city has incorporated historic preservation objectives into its planning process. Copies of the plan, separate inventory and survey manuals can be obtained from the Denver Landmark Preservation Commission, Room 300, 1445 Cleveland Place, Den- ver, Colorado, 80202. Urban Design Plan, San Francisco, California, Department of City Planning, 1971. An innovative urban design plan which.received the HDD award for design excellence. A comprehensive evaluation etas undertaken of Sawn Francisco's physical assets including historic re- sources and proposals grade for preserving and LVzoving its environ- mental design qualities. (ltrite to Allan Jacohs, Department of City Planning, San Prancisco, Calif., for a copy.) . Salem, Vassachusetts, Historic Area Study., Blair Associates, ,Salem Planning Board and Massachusetts Department of Comrsneroe, 1963. A study to identify the location, character and significance of Salem's historic resources to serve as a reference for preparation of land use, circulation and other plans to develop an approach for their protection. :t 1 J Conservation of Hf^tr•+ic anI Cultural 17esourcess, Palish % lsiner, I American Society of Planning Officials, Adzisory Service Paport t1b. 244, 1969. This report defines and discusses key issues in historic and cultural conservation. The basic elements of a cox--rehensive con- servation program are presented in an urban planning framework. (Available from Vie Uational Trust bookstore for $5.00) Planning and Historic Preservation - The Old Tams Alexandria, Experience, Paul id. Rasrussen, Planners Motebool:, vol. 3, ±1wher 1, February, 1973. A case study of preservation efforts in Alexandria where preservation is an integral part of the city planning process and has been actively supported by Toth city, hall and citizen groups. (Copies are available from the Ar+erican Xnstitute of Planners, 1776 Massachusetts Avenue, !*.ti., washington, D.C. 20036, for $2.00.) Comprehensive baster Plans tti.th Historic Preservation Element A Plan for Historic Preservation in Denver, Denver Planning office, June, 1974. A historic preservation plan for the City and County of Denver officially a&»ted as part of the VoWrehensive mas- ter plan. A comprehensive survey of neiShborhoods was undertaken by volunteers from •which an inventory was prepared. P.ecormandations in- clude creation of architectural conservation districts and development rights transfer zones in addition to traditional legal controls. The 'plan is an important exam. lo of hof a city has incorporated historic preservation objectives into its planning process. Copies of the plan, separate inventory and survey manuals can be obtained from the Denver Landmark Preservation Commission, Room 300, 1445 Cleveland Place, Den- ver, Colorado, 80202. Urban Design Plan, San Francisco, California, Department of City Planning, 1971. An innovative urban design plan which.received the HDD award for design excellence. A comprehensive evaluation etas undertaken of Sawn Francisco's physical assets including historic re- sources and proposals grade for preserving and LVzoving its environ- mental design qualities. (ltrite to Allan Jacohs, Department of City Planning, San Prancisco, Calif., for a copy.) . Salem, Vassachusetts, Historic Area Study., Blair Associates, ,Salem Planning Board and Massachusetts Department of Comrsneroe, 1963. A study to identify the location, character and significance of Salem's historic resources to serve as a reference for preparation of land use, circulation and other plans to develop an approach for their protection. :t -�` - -- �•' `—.�:'•� - - - - ifs II11 li ■uiimn ir..-��.•" ----�-'-- - ---- --_- - -� �� i _ .��.uud.Ill�ltl II n I _ "' - - - - / -. IF _ s -- .a � �I (grits to W. Gregory Senko, City Planner, Old Town Hall, 32 Derby Square, Salon, Hass. 01970.) Urban Desimm plan for Historic Areas The Urban MaLcm Plan, H!st-oric Hill, lXraoort, f'ho& Island, Pro Deet Vusfier R. 1. R-23, Provieence Partnership and Rassell !"right, AIp, 1971. A survey of physical and environr»ntal features of the urban re- newal area was undertaken to provide input for the develonrr_nt of design objectives and controls. The plan contains proposed land use maps, illustrative rite plans, proposals for public inproverents, and design criteria for review of new construction. L;:1.:':!•' �2n LJ fr=.. tw dttic.itl ..u:,t .JIJvr4« / • • T :~ • � General Historic Preservation Plants Historic Cohoes, Cohres, !few York - A Surve of Historic ft -sources, Marcou, O'Leary and Associates, Inc., and Pensrselaer Polytechnic Insti- tute, 1971. This is essentially a survey for the identification and evaluation of historic resources preparatory to the develomront of a =Mete plan. (A'eopy is available on a loan basis from the National ., Trust library.) Marshall: A Plan for Preservation, Johnson, Johnson &"toy, Inc., Consultants for the 14arshall Historical Society, 1973. A good quality historic preservation plan for a shall to:m with a rich architectural ..heritage. All buildings in the ta9n were surveyed. The creation of a single historic district with Treatment Areas of, various levels of vre- servation control was proposed. (Copies arta available from the Nation- •p1.Trust bookstore for $2.00.) Old nest Side Ara► Arbor, Kichiaan, PAchard 0. t9ilson and Sward d. Vaughan, and Mrs. Georeje E. Downing, Consultant, 1971. A survey of the total environment bf a neighborhood (including structures, landscape features, street furniture and other amenities) was undertaken to iden- tify its physical character, assets and problems and to suggest guide- lines for its preservation. (Available from the national Trust bookstore for •Opportunities for Historic Preservation, Southeastern Connecticut ft on, Southeastern Connecticut Regional Planning Agency, 1968. A his- toric preservation plan for a 560 -square -mile region which was surveyed and resulting information plotted on snaps. The inventory of structures of historic, architectural and aesthetic value was analyzed from a re- gional and local point of view. Methods for preservation and recommon- 711 � �J dations'for action are discussed. ('Brite to the Southeastern Connocti- ` •cut Regional Planning Pgency, 139 Boswell Ave., Norwich, Conn.) Preservation and P.ehabilitation of a Historic Comms.rcial Area- A Demonstration Studv of the stater. fzsr: ' ..s strict, fire "edford, Massachu- setts, Flew Bedford Raedevslopment iwttority in cooperation with the City Planning Dapartsaent and the 4aterfront f'*' -toric Area League, 1968. The plan is concerned with the unique problems of the preservation of com- saercial areas where developvnnt and economic pressures are most severe. (Write to the rtew Bedford City Planning Departsssent for a copy.) Land Use Plan for a Historic Area Green Springs, Louisa County, Va., h land Use Study, *Meade Palmer, Landscape Architect, 1973. A land use study of a historic rural area undertaken to determine haw land use planning policies can be directed toward the conservation of the unique environrental, historic and cul- tural qualities of the area. (A copy is available on a loan basis from the National Trust library.) state Plans The 1966 National Historic Preservation Act authorizes grants-in- aid to states for the acquisition and restoration of properties listed in the national Register of Historic Places. To be eligible for finan- cial assistance, a state must have a State Historic Preservation Plan approved by the Secretary of the Interior which is then filed in the Office of Archeology and Historic Preservation, U.S. Department of the Interior, Washington, D.C. 202:0. The State Historic Preservation Plan consists of three volumess volume Is The Historical Background, Volume IIs The Inventory, and Volume III: The Annual Preservation Program. At the present: time states are undertaking statewide surveys of their his- toric and cultural resources and have submitted all or portions of the three volumes of the state plan to the Department of the Interior. For further information about your state's survey or historic Preservation plan you should contact your State Historic Preservation Officer who is responsible for the administration of the national Register program in your state. in addition to these plans, we would strongly urle you to try to obtain copies of two of the vast cooprehensive historic preservation planning studies ever undertaken although they are in scarce supply. A copy of College Hill - A Demonstration study of Histoe.c Area Renewal by the Providence City Planning Commission in cooperation with the Prov- idence Preservation Society and HUD, College Hill Press, 1967, possibly ,can be spade available to you by writing to Peter Pelidan of the Provi- dance City Planning commission, Providence, Rhode Island. The second plan, Plan and Program for the Preservation of the Vieux Carre - Histor- ic District Dewnstration Study, Bureau of Governmental Research, New Orleans, Louisiana, 1968, is out of print. Check with your local librar- 0 E Lan or write to the State Historic Preservation Officer whose name appears below to see if copies of these plans are available. At the present time, a bibliography of preservation plans is being compiled by the National Trust staff and further selections from this list can be made available to you upon request. Your State Historic Preservation Officer is; ti Prepared by the Departmnt of Field Services September 1974 .-.� �..--�T�--- -i -- •• --• -� — r v. --. r. �-f. -\ � �. t.� .rte-_ I I I I � 1 � � � � i � n... Ga.�.rir.r.rw..� u■ u n o � I i i t � i i i � National Trust for Historic Preservation 740.748 JACKSON PLACE. N. W. WASHINGTON. D. C. �r Cturliw� 91 A.aricr i Ilniag A 20006 (202) 638.5200 A GUIDE TO T11E POSTRVATION SURVEY Introduction Phis brief guic:e is directed to tyove uho are ansuering for themselves the question "why preserve?" and who need some suggestions on the sheer logistic£ of a preservation survey, a basic step in creating- a realistic corn- munity preservation program. A preservation survey identifies, documents and evaluates a community's physical resources, not only•individual buildings and groups of buildings, but entire districts and neighborhoods, lanc!scaping and open spaces, street pat- terns, focal points, views and vistas, and a<aenitirs such as street furniture. It establishes priorities for the preservation of properties deservint; recoEr+i- tion and determines ho;v valuable structures and areas can be taken into account in the overall planning process. Such a survey is as important in corinunity planning and development as the tore corarion houning, traffic, employment and market surveys routinely conducted by local ,.overnments. T tile it is desirable for the public planning agency to undertake and main- tain a comprehensive preservation survey as part of its total responsibility, . experience iias shoun that the encourauenent and assistance of the -private 'sector - often can initiate such a co=2unity or re;,ional effort. For example, in Charles- ton, S.C., Annapolis, ?1d., said Wethersfield, Conn., the local survey was begun under comunity leadership.' Publicity generated by such private efforts has Increased public aulreness and thus resulted in the enactment of legal mechan- ieas by local government to foster preservation trithiu the cormrunity. Tunes of Survevs' ' There are several types of surveys. the broad survey of neighborhoods or areas, especially those threatened by deterioration or demolition, or of particul building types, such as commercial or industrial structures, might encompass entire cormunities. Frequently, this type of survey.reveals the necessity for a concentrated survey of more united scope; for example, a few blocks within a neighborhood or certain individual structures might he selected for more thorough study. The Historic American Buildings Survey (I'!LS) represents an even more specific type which documents selected individual buildings with photography, measured drawings and a detailed historical and architectural analysis. No matter which type of survey is undertaken, professional guidance will be helpful in. training and evaluation sessions and will help insure the accuracy and completeness of the data gathered. Also, the participation'of professionals will lend prestige to the survey and aid in persuading officials to recognize Ito seriousness and validity: i 1 , 1f ; i 1, 1 .. _I _' _ _—. __.'. �'!"'_" __.-. _ --'lin 4ii=i�� ill■ II un.., � - i i,l•l I�.� w2.. The Survey Process An outline of su^„ ested logistics for a preservation survey is sketched below, to be codified anal improved to suit individual situations. 1. Coals and Mjeccives. he or..-Wization responsible for the survey should develop a statem-1, t of its goals, expressing thoughts on the question "why preserve'?" he state of corrsunity aesthetics liid the visual elements of value to the cot inity should be ta!:en into consideration as well. An architec- tural survey uii,;ht be proposed as a contribution toward meetiro these goals, and its objectives could include: . a. definition of areas to be desiunated historic districts or conser- vation areas, identification of individual buildings to be designated' historic landmarks and recorm andations for historic district and historic landriart: ordi- nances, as cell as other regulatory treasures for the protection of designated areas and structures; b.. production of data useful to the local plannitket staff, capital improvements departnent, highway departmazt,•etc.•; c, creation of the basis of community action prograns for housing and/or commercial rehabilitation and neighborhood '.rrprovewnt through private -or public revolving, funds, public bond issues or other tecbniquea; d. analysis of the results of the survey to find specific design characteristics of areas or streets to provide the h=is for desi.on criteria and a design review procedure. Such criteria and procedures help insure that all property orimers within a desi:;nated area will be treated unifornly and fairly when they request permits to change building exteriors or to engage in mesh construction, and help make change harmonious.uith its surroundings;. • Q. stimulation.of public education and increased public aaiareness of . the rsan-taade. environment; f. identification of properties to be nominated to the Mational Register of historic Places. The National ^egister is the nation's list of buildings, structures, districts, sites and objects significant in American arealitecture, archeology, history or culture. It Jas om. anded under the National Historic Preservation Act of 19166 to include properties of local and statetride -significance, as well as those of national importance. Properties listed'in the Stational Register are afforded a degree of protection by a procedure of the federal Advisory Council on historic Preservation, which reviews and comw.nts • -on proposals involving federal funds or licenses that tray threaten .or encroach upon Itational.VAgister properties. Listed properties ::ray also be eligible for patching funds for preservation work. . • .. - . ,hell -defined goals and objectx-.es will enable surveyors to understana'their commitment to the project, and will strengthan your position in dealings .11th -public officials and in seeking funds. 2. Survey Area Definition. The area surveyed will be detornined by and large by the objectives of the survey. Some ,groups may decide to survey all parcels sh in on the local tax maps. In this case, a program should be devised _- - - c - in several sta.—.-z, vith intori:. tlestt.linea, begissrirp, wit's areas that are tisreaterad2 by rene ual, deterioration or onvironrdr-ntal encroachnent (by a pro- posed freetray, for exar►nle). This: elissinater;4Cie {las si',ility of defininn areas on file basis of personal taste:, vita ass a )reference for Victorian neie;hljor'soods, or creating an arbitrary architectural cul:-e£f date, by saurvc:yi.ni, onlv those buildimts constructed before 1"'► a, for ltomts:ce. A "tdndahipie, n-trve,," can be tal�cn dnrinf% a brief expl-ri3.'atIG"1 of Lha tcrin .'y autonol,il.e to ;3eip deteroine survey areas and priorities. At leapt one person with a thorou:;h bact-„roune in architectural history and a sensitivity to the .Yi-:" spectrum of unbar. desinr qualities should core alonry to assist in the decinion realirr. 34mm survey ,roues stay find the limitations of tire, coney ands enerry rsate surveyistn a large co uaunity or city i:practical and. may prefer to confine ther►- selves to selected areas or huilding types. Ids any survey initial bcrindaries may often have to be radefined as the survey pro,,renses. Revietr of published material is essential in deterninin boundaries of a survey area. Local histories, olds reaps, r uideboolfss pressured by the local chanter of Cite Anerican Znsrirute. of Aretitectn, t?sA Merican ranide Series of the Fea- eral 'writers' 'Project, present and Psagt smsseum exhibitions on local architecture and history, the iWS cataloRa and any otter relate.4 r..ateriala tshottld be exarsi,re l'. A list of I AI:S publicatiosss, including catalo,-,s, in available upon regftast frog.► tete Matoric Mearican Bts+ldinps Survey, Motional Parlr Service, 11-S: Pepartrtent of the Interior, Wanhinrton, U.C. 211,^.441. Pertinent publications, irclu;1irr. };aides to the architecture of navy arras, nay be or4ereP. froze the .Society of Architectural .'.istorians (l'XI), 17M stalnut Street, Room 715, Philadeln'sia, Pa. 19101. :trite for tbeir oreer fors.. ^,tuAyinr surveys and darts prrvared bF other co:T,=1tie3 and discussirt survey activities cor»pleted by cordnnitles Me yours can be valuable, too. Levin Lynch has written the clar.3ic trork in the vi4ual survey field, 'flee Iselas;e of the City. Isis ssost reeceut book, 1rhat Tirte Is This Place? is interesetin4 background reatlino on preservation altilos3ophy, ant. for general retadint; ." nenth acid Life of Great Arserican Cities by Jane Jacabn ane. Close -stn: 11m, to Read the Asserican City by Grady Clay are excellent. . 3. What tel+ Include. In addition to builAin!!s:, other structures arst orijects that should be noted by surveyors include, btst Pre not lisstted to: garaenfs, hedtes, nares, gazebos, pergofass, fountains, statues, unusual trees, fences, Rates; cemeteries, nontrvntss, statues, chattels, entrances; outl-uildingn, ZAttP- houses, barns, carria-.e nous sss, sheds, Coater toners; rseans of transportation, railroad stations, railroad and stare coach routes, airfields, old hi;:htiays, canals and lochs, livery stat:los, even old ,as stations and garages; hars+s anti sides of older though modernized industrial and cot=ercial buildings, factories, warehouses, taverns, neetin;; halls, hotels, stills, wineries; waterways, bridges, deans, powerhouses, ligtst?tauses; pari:s assn their facilitios; sispts and other gralhics, beaches, street. lighting; and other arenities. 4. Survey Fossas. Paste Orta collected it a survey is usually recortted on a stant'.ardized forts. The contents nay, and 1:V-eiy *sill need to bp, nodified as local conditions require. . A fore should be coLVlc teed for each parcel Lit tate survey area, even if the parcel is a vacant lot or hamburger stand, to saiuirtize confusion ("Did anybody check out parcel number 461)5?"). Infornation on every R, V -4- parcel will be nandee later to mq out the total suzve zr z il7oiri t - , y . e. nf, conccen ra tions of siWificant buildings or spaces as Bell as areas for possible nefy conatruct•ion or W. rpatsietic cha;1ge• Each states historic pre .enra ion office reanonsi'•le for iMpleraenting tete rational Y.esrister progran is conducting a stateuir?n survey iri th the p•irpose of identifyin-- all properties eliri►,le for inclusion in the Hational fies;ister nr_d initiating their nomination. If the co:xsunity survey c.v he incorporated into the state*ride survey, it lwly be eli;:ible for care financial assistance under the fiational rP!Irter pro,,ran. "urrher information sdl out this can be obtained fron the state historic preservation office, eyifich nay also offer advice, anti nnsistance in orranizinL the survey and coordinatin, it frith other completed, ons%oing and projected surveys idtf in the state. I nomination of properties to the : ational Register or incorporation Irto tla atntrrjIc%e ssirvey is w -eon;► the foals of your survey, tale care to drrsi^,n the local survey fore: to be compatible vrith those used and reauired by the !T.ational an^inter progran. The standard nouinatior. formyl indicate. the Yind of data a -ood survey foria should contains, as the national !!ef ister's publication "I, I to Complete 1%tion.11 Register roles" pxplairs. Also, you should find out 0 -ether the regional plan- ning asency has a standard survey~forr uhich :ninht be appropriate for use in your project. In some cases it z~itht be useful to include swe further data in the s+irvey fore, such as the size of the lot; the assessed value of the property at present, five years earlier and ten years earlier (If possible); current zonivn status; zoniup status of adjacent pro;:erty; uses of adjacent property; bloc: nl-,H-er and/or lot number of the property. City or county planning or assessment maps may to llier eadi bloct. or lot appearing on the Tuw. Indicating the appropriate block. or lot nuW)er on each survey form will aid local Planners w}sose worn requires this information. A valuable source of in€oriation on survey methodology and technigiies is • Harley J. Nci:ah's F.ecordin.� I:•!storic 3uildin^s. "Mis is a basic reference, and participants in survey activities trill find it indispensable. Another excellent reference vmrk is the Canadian Inventory of Ustoric Bullein^fir Trairinn 2fanual; of especial interest to surveyors are its digs+;rams of archdtactural eleients. Finally, once the survey four has treen devised, It will be necessary to test its efficiency. If in Factual use it provers atOrvard, too specific or not specific enough, it's better to discover this and revise thp, forts before riuch field cork has been done. S. Survey nraanization. Pliether the survey its done by a public or Private entity, the folloiyin,f points Fere vyorth noting:. A broad base of coevwnity sup- port and participation will help fulfill the coynmunity education objective and Increase the chances of public acceptance of program ufich %011 ,rosy out of the survey. Some volunteer help will proi?ably be needed, and special interest grours such as the Junior Lea;;ue, Jaycees and others nay be able to supply tills. Early and constant publicity helps attract vplupteers, and you trill need enough surveyors to insure that no one leas an unreasonrahl.e cyor!:load. T►pes of committees and ayssignuents will vary, but tasks night be allocated this way: t i �. 1 parcel will be nandee later to mq out the total suzve zr z il7oiri t - , y . e. nf, conccen ra tions of siWificant buildings or spaces as Bell as areas for possible nefy conatruct•ion or W. rpatsietic cha;1ge• Each states historic pre .enra ion office reanonsi'•le for iMpleraenting tete rational Y.esrister progran is conducting a stateuir?n survey iri th the p•irpose of identifyin-- all properties eliri►,le for inclusion in the Hational fies;ister nr_d initiating their nomination. If the co:xsunity survey c.v he incorporated into the state*ride survey, it lwly be eli;:ible for care financial assistance under the fiational rP!Irter pro,,ran. "urrher information sdl out this can be obtained fron the state historic preservation office, eyifich nay also offer advice, anti nnsistance in orranizinL the survey and coordinatin, it frith other completed, ons%oing and projected surveys idtf in the state. I nomination of properties to the : ational Register or incorporation Irto tla atntrrjIc%e ssirvey is w -eon;► the foals of your survey, tale care to drrsi^,n the local survey fore: to be compatible vrith those used and reauired by the !T.ational an^inter progran. The standard nouinatior. formyl indicate. the Yind of data a -ood survey foria should contains, as the national !!ef ister's publication "I, I to Complete 1%tion.11 Register roles" pxplairs. Also, you should find out 0 -ether the regional plan- ning asency has a standard survey~forr uhich :ninht be appropriate for use in your project. In some cases it z~itht be useful to include swe further data in the s+irvey fore, such as the size of the lot; the assessed value of the property at present, five years earlier and ten years earlier (If possible); current zonivn status; zoniup status of adjacent pro;:erty; uses of adjacent property; bloc: nl-,H-er and/or lot number of the property. City or county planning or assessment maps may to llier eadi bloct. or lot appearing on the Tuw. Indicating the appropriate block. or lot nuW)er on each survey form will aid local Planners w}sose worn requires this information. A valuable source of in€oriation on survey methodology and technigiies is • Harley J. Nci:ah's F.ecordin.� I:•!storic 3uildin^s. "Mis is a basic reference, and participants in survey activities trill find it indispensable. Another excellent reference vmrk is the Canadian Inventory of Ustoric Bullein^fir Trairinn 2fanual; of especial interest to surveyors are its digs+;rams of archdtactural eleients. Finally, once the survey four has treen devised, It will be necessary to test its efficiency. If in Factual use it provers atOrvard, too specific or not specific enough, it's better to discover this and revise thp, forts before riuch field cork has been done. S. Survey nraanization. Pliether the survey its done by a public or Private entity, the folloiyin,f points Fere vyorth noting:. A broad base of coevwnity sup- port and participation will help fulfill the coynmunity education objective and Increase the chances of public acceptance of program ufich %011 ,rosy out of the survey. Some volunteer help will proi?ably be needed, and special interest grours such as the Junior Lea;;ue, Jaycees and others nay be able to supply tills. Early and constant publicity helps attract vplupteers, and you trill need enough surveyors to insure that no one leas an unreasonrahl.e cyor!:load. T►pes of committees and ayssignuents will vary, but tasks night be allocated this way: t i 0 -S- a. N.rector. A director and assistant trill sispervise other comitters and coordinate the overall effort. Specific responsibilities include t:Pepin,, the survey in line with goals and om,jectiven; roedefinin;^ the survey area as necessary; schethilin.,; the sur:•ev in orrmer of priorities; Maintaininv liaison smith rAsponnihar arer.cies And of.f+cash; etoosir.F a hl eaJquar.ter_s;; nhtainin* survey fortis and runpa for the *sapping star.-e; devising and settir;; up a filin,, oyster..; plottir:, a tineta'tle trith ir_teri:t deadlines; draviq up a bud-et and •rorttinf� o-ri.th the funtlinp comii.ttee; aecurint; the service, of professionals, and schedulin^ their participation.; anf! or^anixirg trainin, spasiors. b. Cooriination. Coordinators are needed to select r.urvevors to par- ticipate in training sessions, grape corriittee a4si­,nments, irtegrate new volun- teers by assigning then to more experienced surveyors, and assign formas and deadlines to each surveyor. c. Codinr. A c+.roup uill he needed to transfer street ad.tresses and tax assessors nunbers from tax r.iap4 to survey forms, attach photorrarhs to formas, assirt survey fours to surveyors accordin• to priority areas, r►aintain a uritten recort; of assignments, and 1•r_en a'mead of the surveyors' pace so that sore forms are always ready for the surveyor with more tine. d. Phbtonravlty. The subject property of Bach survey forret should 1* photorrraphed. _'ach negative wast be coded to match the correct survey forn, placed in an acid -free sleeve for protection, and filed rritlt the stiraey form, or In a special file. Surveyors can ho trained to do their otm pbotography, but the quelity of the photo•^,raphs will be less consistent. alae.-and-trhite, 35 rro. contact prints are adequate. ror lout -tern record-hetpinS purposes the negatives must be of the highest quality. e. Aral History. A group be formed to ):meet with local people who can supply bockground information about buildings and neighborhoods. This eomhittee would meet at repulamrly acbeduled intervals with selected menbers of the community to discuss parts of the survey area as the survey formas for these parts are cwtpleted. Sessions should be tape-recorded so that critter" descrip- tions could be transcriimed and notert on individual 'survey formas as the inforr-a- tion is corroborated. Local college history or oral history pro, -rams nir!lt be of sone assistance in this aspect of the survey project. The t".rican tssocia- " •tion for State and Local History has prepared two helpful publications o+t this topic, ":ape recording Local Ustory" and Oral 'riistory for t%e Local Mfstoricn! Society. The Oral history Association, Box 20, P.utler Library, rolunm•ia 11niver- "sity, Rea York, herr Yorh 1M.17, is a good source of information on oral history techniques. Its publications include a quarterly newsletter, procee-in^,R of its �I annual collocmttia, and reprints of papers and articles of interest. It has also published Bibliorraphy on oral !Mstorv. f. Documpntary Research. For a general, broadbrush survey detailed scholarly research is usually unnecessary, but if some people prefer to do this, start then on clearly si;,-nificant areas which are likely to be rwre intensively studied in a later survey. Such research could be the basis of possible 2lational Register nominations. Special training sessions for this group are discussed in the section on training tdtich follows. C. Quality Control. Periodic spot checks on the quality of completer: survey forms, including a special check on all surveyors' first sttbnitted forraz, are essential. Those responsible for this should also maintain the files. C b. pvf'-licity. l: cros:ittee sltoult, vert; with the coordinntors in attracting recruits, pu5ilcize the survey durin, its developtsent and at its completion, and be responsible for any public relatloa3 events. ThIr, connittee � may wish to refer to t::e Yatioral. Trust'z "A "vide to Prnrarlur ".etter Presn Releases" and rise_ Arerican llsrocinticn for ",tnt_e and Local 'slatory'rs "Vea3chitt!t Your Public Throufh the ::evspaper" and `?:eacs.:in;; Your Public ThrougN1 Television" I. Fundinp. A buil ;et for t'te entire s-tr',rey project must be drarm ul� so that funds can be found for the various expenses that can be anticipates!. Professional fees, includin, the photo,, -rapper's, office snake, equipment and furniture rental as scall as utilities charrces will prol•ably he anone the hippest costs. The cost of stationery, pontate, and printist^ of survey forms, raps, phptograpfrs, and public ralatiorr. naterials shout also 1>p accounted for. Pus•- liciition of survey results would incur additional cz.penses. Generally, °u-nding for cost projects Host come from sources Hitt:in the commalty, not from national foundations or orranizations. I:ovever, private funds raised locally can possibly be used as riatchinn `ends for tiv tao major public pro;;rans that assist r~.srve1in;;. If the survey is to be part of the stateside survey and plan, funding nay lie available through the t'ational Re!ti - ter progran, as noted. Previously. The U.S. ^eprrMpnt of 1lousire;! and Ur'+sen Developtumt, under the Cor;prehensive :Tannin;; Assistance prorran, proviaes un to tiro -thirds of the cost for surveys of architectural and historic resources and the preparation of historic preservation plana. Other activities eligible for funding; under this program irclu.te the dcrureloprtent of criteria for the evaluation of historic and architectural resources as identified in the survey, evaluation or the resources i4eutified, and preparation of historic dintrict legislation and other preservation controls. ;'►tis Program has been restructureA somlhat by the 1974 Housing and Community Development Act, tahich providen block. grants to consunities to carry out att accertal.le corrmnity develops -eat plan. The Act states that historic preservation is an appropriate ohjective of such a plan. For further infornation contact your tam or cottnty plannin^, a;±ency or "your area office of the Departnent of housing and Url-au Develop -tent. The address can be obtained fron the U.S. Department of Housing and Urlran Develop- ment, tlashingtoit; D.C. 2.1410, if it is not listed in your telephone director1. Rational Trust fact sheets titled ":eeinical Assistance Yunds and Services" and "Sources of Frojert Itm,lementation r -ands" as imll as the Trust publication, A Guide to Federal Promrans: Prorrams and Activities PPlatrd to I:istoric Preser- v ton, indicate other possible sources of outside aid. In raising funds locally you night successfully npproach baal:inp inatitu- tions, public utilities corporations, paint conpanies, building supply fires and other business concerns Milch would benefit from Public interest and invest- ment in co;=mity enhancerent. Also, special events such as festivals and house tours can be profitable. i'.any varied possibilities exist for fundraising; be creative and innovative. 6. Training. Surveyors deserve the best training they can get.; the mic- cess of the survey depends largely on than. Training should include snsaions on the architectural history of the survey area, photography and historical research. It should also stress the responsib.111ties of leadarship and coorii- nation. lhroup,bout the body of this fact sheet, various pertinent publications have been mentioned. It may be useful to dra11 up a reading list for persons MOU I _11111umm training, for vario-ts roles In tl!e survey. All surveyors should read Harcus 1 Uhiffen's Xterican Architect.ttre rUnce 17..1.1?: A Cuf,le to t1,P Stv!en, "llou to ironplpte Mitional Peglster Forvj;," Farley J. !'cl'ec's Ainatimrin Guide to Tprrm COXIOnly 11%e#4 !" rescrildno 111-teiric Uuildln�n, and Pecnrr'lnf, 11f.storic Buile- ims, also by '!c1*PP.A-fie latter includes tiros on p!ioto!!rapby irt-icsi could be used in trainlis!- surveyors to glo their o-ut-. U Lhat shotiltO 1,a neces- sary. The. York State loart' for 111storle Preservation's 011storic Pesourcen Survey Manual and Vie Canpilla" Invertors of Ilistoric Ruildin-s: Trainin­ '44tival Contain retch hel!-,fosl at!vice a -v! nany illustrations relevant to surveying in rxneral. 50-4- pood references on architecture in your region ard, if possible, your coriminity should be on the readinn list. A knowlell.,,e of the in4igenous architecture, specifically that of the stirrey Area, trill eivesle surveyors to cmiple-te survey fours adequately for professional evaluation. Troinin.-, sessions In loc-21 arcNitecturp.l history shmilO be con- ducted by an architectural historian or an architect *Yjlth a background in archi- tectural history. Slides of typical architecture and other visual elevznts Within the survey area should be cmwll.ei 1jitN the advice of architects, bls- torlasts and others fmilliar with Oe area. It is important to ir.clude random GV.WVles of averapc buildirs_-s of unce.rtain style; most buildings are hybrids rather than pure stylistic typen, and may defy skiple classification. Valkin.j., tours with the instructor are essential in flesh:Ln,-, out slide presentations an,11 discussions with firsthand experience. If many buildings to be surveye4 are located in deteriorating neighborhoods, surveyors should be trained to evaluate ,jeneral enterior structural conditions by the local building inspector or sarmone else with enf!!ncerInr, or buildIn'-, maintenance expertisA., if no sin,11c I; adividual or group still be Oninp all the photography, trAfn- Ing! In photonaphic technfqtu-- will lin. requirM. Photo,!raphy classes in local colleses and ciusara clubs may be able to offer assistancn. A documentary research group id.11 need traininn in historical rothodology, local historical resources, conpilation of data, information retrieval and • information analysis. They must identify primary and secondary sources, Includ- • Ing city and county records such an census tracts, deeds and wills, tax assens- mnt records, court records, stater records and fire Insurance wps and, records; noyspapar articles and advertisments; travel accounts; Institutional histories; diaries, rwroirs and letters; photographs; special library and private collec- tions; old camel, railroad and road maps; builders' catalogs and nanuals; archeolorleal reports; etc. Information should be recorded on uniforn cards; what to record and how to record It should be planned In advance. The publications of the Anerican Association for State and Local history, 1315 FAChth Avenue South, Nachville, Tenn. 372M, night be useful. In various traintur, prorrans. A publications list Is available upon request from t1tat organization. 7e Survey Techniques. a* Mvidinp. up the stork. For city-wide or other ambitious surveys the total territory might lie divided into areas of manageable size with one surveyor to serve as captain of each. Additional surveyors sould be assigned 'tI'l II 1 11 11 II II { I a ••••"••• ic.u.u.iu it lllllll Iq ifq.l uui ii-i�l.f. i-�•• ,••-. �- "" � a to each captai=n as they joist the project. In consultation with the coordinators, 1 captains assirn survey £oris, prepared by Nie cotltnr :croup to each surveyor, holp j set interim deadlines and see Etat these dea/,?ines are rwt. Fach captain may also sash to ttake sure that sesrveyors twit their survey findings anti file their forms. nncouratx viii. lora to tsCe. at their wn cet,vc-nience: Plexi,!-fli.ty stay ` attract rare participants. Freaurvit, res.ulsir der,:linea for scheduled tasks are easier to deet, and wall areas for Miich each surveyor can he responsible raaffe � the project seen less open-ent'ets. � b. Mappine. The local or re-ional planning departw.nt should ba axle to provide the series of raps needed for plotting On eater anal surI a useful scale. Again, taaps should be of a size and scale coag+atisole .lith standard city maps so that they can be used as overlays. Singe the p=anningp, a, ency still rain up -to -este land use and building condition sups VAch also indicate architec- tural style and historical si;;nif±can.ce as a result of the survey, perltapr, they would bz idliinr to absorb base nap duplicatinZ costs. Consistency in napp#ai;; as+d filing, is imr,rtant. Survey raps td!,,ht be con- sidered rough drafts for a professional to convert later to core sophisticated swaps in order to present the survey findings most a0vantancously. - i i For each area currently be:ine mtrveypd at leant four maps and coloret! felt- tip pens should he ready for usn. Each and every parepl. should be coded on ill s snaps. On one snap current land use should be indleateA. by the standart' planrinr color code: i I yellou...... siarle-fsr-Aly residerce brcrm.......nulti;+ic-"artily resi/fence oranCe......office use red.........retail use purple...... industrial use blue........institutional, educational, religious, i cultural use E 8Veen.......open space or outdoor-recreatior. use Other categories may be added to reflect prevalent local building; types, such t t ss duplexes or hiothrise apartnowts. A trap shotylan,, former land use nay bl appro- priate for a certain area, such as a nalghborhood of single -fatally hotter am divided into apartments. } A second toap should plot arcliitectural periods. T:e key to the tsar, indfca- y_' tive of the range of local des pA esaracteristics, should be devised by ea arebi- tectural historian and aboulrt incitule a brief swimary of each cateftory w that I surveyors can hatch design elements to categories and naI:o a color code udgnent i for each parcel. Again, each parcel should be coded, even if the catef;otq is Clearly sanders, universal, standard design, as for modern gas stations ant chain stores. This trap serves to proviec a general inpretsnion of groups of des:gtt elesaents. The third slap trill indicate historical significance based on infortution ! - - gathered by the oral history group, historical researchers or arra capta:Ps. � !._ Once historical infornation includist- oral contributions has been transctibe4, corroborated and noted on appropriate forts, it should be plotted. For this 3 I i I } r - i { i I i _ only tiro colors; mri n-: maedee'_, %.e for Varcelz of sw a local historical r,1 yniff- eanee and a:tother for tho a L.r,1 i:,;; :sue'• aignl.£1cresce; additional colors, could indicate re;;ional, state or nr.- .nral historical s4;;nificapee, A fourth nip mould uhbl structural conaitim-, coolyd to reflect tl-i tate- £oriesa used sm tlz :.Urvey £or 3'�sr1 �rvrry parcel.: lne-Ind • a color for varart lots. If the purvey is country- tue or incornoraten rural territor„ eomVer unint the tupis availaMa. front the, U.f.. Gaolo-ir_al .'survey for the entire arwa. recording information on U.F. Caolo„ical. survey (rJ,�.t:,C,) rxtps; accordlrf; to grid eoordfunow, latitu:te aro lorr,;ituele anrures a nota perm. vently accurate- record. ccuraterecord. P.erial photo,-rap'ess ray also '✓s very useful. -I e. TinetaSle. You O•ou!O plan to conduct a pilot survey to t alp establish hou rwch can be accormlls'lod in what lonnev of tim arA to fmill iariza j participants vit'•s proces urea. Tjw intent of .,1:e pilot surve l trill wiry *11th the size of the total survey are.., tjusslitry controllers should raviev the s'Srat fav foga conpleted by each surveyor to help vith any initial, difficulties. on the basis of the pilot survey and projections of area deadlines, n Waster tira mole alsould be dram up; include inter1% drasrlines, perioole dMairm- mento with people versed in local history, mid evaluation ser.: ions, Dependins, on the size of t1m survey territory, evaluation sesaiesna might be sch- adsrled at the end of the survey or at interim dates visen enough form love been cosq+lr_te-0. S. Evaluation. Evaluation of aurve•/ finelinrn ahould identify major ,�rour$- inps of notmorthy buildlnrp, remVential relnhtsorhoor'a, corrmrcial els.atricts and sitmeificant isolated builc:ir:•,+,ss racritinC preservoti.on arsd protection, and order priorities among the arnatns:sitry's prenervat1m, needs. Sone correunities prefer those sfio have been actkraly involved with the survey project to evaluate its findinl;s; others, the more objective rpproarte of informed outolders. A select „roup of arebitectux-111 historians, architects, planners, historical cmnisssion members, and individuals "Ith a back rrourA or specialty in the field of preservation frons within and outside your cormiunity might be acl-44 to participate in the evaluation process. Local rovermwnt coule be represented by the director of corrasnity planning, planning cosv+isstoners3 ani' others in related offices. Involving comm"Ity development officials in this process can help pave the vay for official, ace�rtance of the survey finein?,s am resulting; rocorrlersdations. Mile sortie expertcmeed local preservatirnsissta may be a1le to donate their services for thisvery issportant phase, watractiug Iritis osstsidn experts slay be necessary. You 6houlel be preparee: to offer to pay at least travel awl out-of- poct:et expenses. It is essential to invite participants veli in advance; the ftmetable allows you to do no. for factors to be considered in evaluatin, potential lanAnarks ami historic ardas helpful sources are Ralph V, Mner's Cor:servation of 1'.istorle and cultural Resources; criteria used by the Rational predator of historic Places, an described in the National Park. Service brochure "1ational Register of 1:10toric Places" and euplained by your state historic preservation office; and. critarlr. fron the RMS progran as described in the National Park 4ervice brochure "'in - torte American Buildings Furvay" and Uocordim4 111storic Ruildinvs, by Barley J. Sie}:c�t, C. Mtn, cr:.trrria au�;,�a�tcr�'. ares by too wears atnolute; your otm evaluation j criteria 11..11 refinct rinse cl-ar"acterirtfco which stn":e your 'crnimunity distinc- tive, ,•. lvalurtain Otots!d ztrivn rn treyfuro of,ie►r.tivr+ reoulta; t'sey vftould recor- nize drat aestf:otic ass -1 historic reaourcuq reprelsar:t a continussn, and they should not distort their evaluation by unduly etsp'ussizinf; fust, lost, oldest, birSest, only, noot curious or other superlatives. Groups; of tiorl-ern' horns can � be Just as sif;rifica..t arid re;sres,untarivr of, ecatsottic and social patterns as tfte factory osrnrr'sE nansion, Collectively, structures of no in:'f_vifual disstLsetion cat illustrate 1111012 pn.;riors in Vie dcvelogttnrt of architectural styles one taste. Groupe of such builtsitsgs provide an appropriate settiuf; for outntandir.- buileline s, , std as an ement le nerve as a resource. for developing desipts. nssitre- 11n04 for syr-Vatftetic new construction. Assigning points for architectural or historical significance is one nethod of designating structures vort:sy of preservation. Hottever, ff not deviserd with extretie caution, a point syssrett can Ile so -used onccs ttte results are We pufsliC. Otero lsstuf anal eaveUrprintnt preauuress fire great, tftose srhn frould,, dm_� iolissh good � background buildin;,s rtay arDue that tfsa survey placed least kaportarsce on thoaft buik.in?,,s, one preservation specialist III -ens a point system to issuing, lturtinr; licenses and declaring opout season on tba bitildinwa, ty"Ach, *utile they nay be important, are at the bottom of the list in terrw of assigned points. An alter- { native is the treatrent index, exxaplcs of tafsicft can;tv, found in the Plan and Preservation Pronra n for the Preservatirnt of the Vieux Carrs, apart planninn ant! Historic ."reservation: 10,!r old rotor Alexandria rrmnrir-nce, notci in tits, attache•' bibliol-malty, Categories olsouV be carefully titled; for e;,arVJp, "vorthy of i preservations' is less depreciative than "least tsi;uificant." The evalscation can recotnv earl for nonination to the national f'.e^,Later eligible districts and indivitfual strictures or spaces ovulele sloolficant districts, and indicate topics; for core concentrated rosearch and astalynis. Perhaps recast itrportantly, t1w, evaluation can recotarsend specific local preserva- tion lei i.slation providing for the protections of deoiLtated districts and land- 1 i Concluolon Survey results should be used to educate nuns public concerning the value I of preservation, Certainly one of the wat isapartant Means: of aceomp'ish1w, this Is by publishing in quantity a somry of the findin s. Articles in local newspapers and magazines; television and radio spots; nottographs, leaf Into and booklets; public exhibits astd lectures; walLinC tours and house tours --all are effective publicity. Copies of survey results should be placed in several per- manent repositories, such as the local and state riusteusss ars! libraries. If the -## Survey results in their entirety are not published for distribution, at least � ,1 one copy should be easily available to the public. r- The survey's use in long-ranCe corrsuni.ty planning should be the ntortt mean- : - -- ingful result of the project. ldithout a plan and a prograta for action a survey _ - fray be an aca4eciie exercise!, a picture of your cotvrunity at one point, as atp.,tic as a photograph. But surveys are a prerequisite for the davelopmont of a com- munity preservation plan, and they can supply essential data for other types of - planning, for capital iaprovettents or highmys. • I . 1 :I • { i 1 1_ f � i a I- .1W Vrevervation�wiln asst prlorj�tier , awl IrmUnwntation tools such as "ill- nanceo and financing tip.the*5 are just a fess aUmiantn of a PL".n for prenemation. A fact aliect titlO. "Hatoric Prer-ervatioss Mimninf-,," nvallobte, from the Depart- rant of Field. Servfc*z, discurwar, V -Ig subject furtIser. 'Vto boginning in 00, survey, tl.t,-- foundation of a DOOM -reaprvatior p'dI*iopIt7 and well -reasoned proerms for cminAsufty growth a -.!d chati;!,e. Prepared by dw, Departr=t of I?IeU gervIceo February 1975 --'- XATIO':AL TRUAT FOR HISTCHIC K-4MHVArIN.t "the only nrtional, nonprofit, private oraanir:,tion eharterfd -,y Conrreff to onenurAle public nartici')Ation in thgp• ;gr'feTV«tin+ of riferietr•, etruetur�e, sites, hutldin+s and ohfrets siznifieaf-.r in American history and culture. Its sservic-s -- counrol w -d cduc:r+nn on arr-servatinn, and historic gro:jcrtr interprctrtinn ;.nd :u'-ini'sra ion -- are carried nut :t national and rezional in conc+st- tation With Advixora in vach state and V,S. !erritory. Vatits^al Trust pro;raT-s and publications oro m^de possible by xexbershin d:s••s, contribuai�-no and satchiml errnte fro: the, U,S, Deprrtrent of In:prior, Rational Pork Service, under orovistionf of the %',tional Historic Preservation ;ct of 19Eb." from "Historic Preservation" a publication of the trust ALASKA HISTORIC PitEURiVATItst ACT OF 1971 "Among other provisions, the. 1.971 act publicly declares thtt $It in the policy of the state to preserve and protect the historic, prehistoric and archeological resources of Alaaka froro lose, desecration and destruction so that the scientific, historic and cutturet herit:1:e embocied in thele resoureeu may Fane undi-rinished to future Senerations.sn Robert A. Frederick, exeeutiv,5 director of the Ala,',,. 14 (tort- , cal Co=lssinn, and Vational Trust advisor In Alaf-ka. fi 11 - SWTIARY OF VISIT TO KMAI, ALASKA, BY T'JO 14WRER'S OF T1iE NATIONAL TRUST FOR HISTORIC rRESERVATION ON AUGUST 140 1975 i t�SJTOKS ,',J�tE; John L. Frisbee III, Regional Director, 802 Montgomery St., San Francisco, CA 94133. Spends five months of the year visiting areas in his district which is everything west of the Pocky Mts. Robertson Collins, Trustee, Jacksonville, Ore. 97530. LOCAL ESCORT was Frances iteeks, accompanied by Lary Ford and joined in the afternoon by Mary :fillets. Morning: Toured area around Orthodox church and shrine. Cot out, examined buildings. Noon: Luncheon attended by Frisbee, Collins, Meeks, Ford, :fillets and James Hornaday, Lee Myrick, Peggy Arness, Beverly Fillio,at Harbor View. Afternoon; Crossed new bridge to view Birch Island and sanctuary area. Returned to Fort Kenay and old Russian cemetery. QSII,FRAL?-Ts RFSSI0YS; Frisbee and Collins said thet Kenai has the largest -roup of old buildings all in one area and related to the Russian influence than any city they had visited in Alaska. ISany more than in SiL•ka, fc,r J instance, where one might expect them.. They hoped the area could be preserved. IFRAL SUGGESTIONS: The city government should establish a policy of preservation in order to provide an atmosphere wherein the private sector can act. Frisbee said, "the local government is the logical place to start." - Apply for 0701" funds which could provide a planner to develop guidelines for preservation. _.i •-take a survey of all old buildings and locate them on a map. yl Try to preserve buildings on their original sites. • If an old buildin; is to be demolished ask the fire department or appropriate persons to let preservation group first take logs and other materials from condemned building in order to replace rotted .parts of other buildings which are to be preserved. - - Remove lichen frrm shrine and other buildings. Clean out cracks. -- J Brush liberally with Ponta preservative. Lichen encoura;es soil buildup on logs along with attendant a.;Ei;ts of decay. r . .y. _ � F i more r. 1 - Keep the Orthodox church in good repair. Since it is on the ^ National Register it is eligible for matching funds. Labor and materials can count for local funds. Noted that cross was missing. f - See that highway signs direct the public to the Orthodox church as a National Landmark. There are funds for this. If the highway Idepartment is slow ask congressman to help. I - • - Sponsor public campaign to report all old log cabins. Enlist students to photograph them and obtain history. Plot them on a map. Collins noted that siding and shingles often disguise long buildings. - Join the Small Towns Institute, based in Ellensberg, `.Dash. The i March issue of their monthly magazine was devoted to historic pre- servation.- Call re- servation. Call on the Rational Trust for information as to ghat other communities have done, ways of attacking problems, where to get funds, etc M1HL*R CO;t ENXTS. -.A new preservative is being tested and should be proven in seven or eight years. It is injected into,logs with a hypoderiric needle and vapors penetrate into every cell. Protection should last for 30 years. Only drawback is needle holes. Have to weigh benefits with esthetics. - Authenticity is sacrificed when a building has to be moved but this is sometimes the only way to save it. - Frisbee said we should pay more attention to small towns. People are moving out of the cities and suburbs `into small towns. Care must be taken not to destroy the very things that they are moving to the `• siall towns for. - Frisbee said large cities are jutting most of the available funds because they have people who can devote full time to planning and im- plementing pro4rams for preservation. Small town people are often not aware of funds and other assistance available to them. Both men commented several times about the "intrusion" of the modern apartment houses on the bluff next to the Orthodox church. r - Y -yi .— �.. �.J-rte. GI.��I-•-- —_ _ ___ _ ._.-_I_ _ ._�. - - _ ..._ � lam. .r..�_r.� - �. _ _ - _- - �. _ - _ J y CITY OF KENAI CONSENT TO SUBLEASE OR ASSIGNMENT The (Assignment of Lease) from Jack R. Peck and Althea F. Peck ,to National Bank of Alaska , dated October 3. 1975 , covering the following -described property: Lease recorded April 29, 1968 in Misc. Book 31 at Page 20: PARCEL NO. 1: Lot One(a), Part Three (3) of ALEYESKA SUBDIVISION according to Plat No. K-1561, filed in the Kenai Recording District, Third Judicial District, State of Alaska. Lease recorded April 29, 1968 in Misc. Book 31 at Page 27: PARCEL NO. 2: Lot "l -A", Part Three (3), of ALEYESKA SUBDIVISION, according to the Plat No. 1561, filed in the Kenai Recording District, Third Judicial District, State of Alaska. Is hereby ACKNOWLEDGED AND APPROVED, subject to the same terms and conditions as contained in the original Lease above described. This Consent is given by the City of Kenai without waiving any right or action, or releasing the Assignor from any liability or responsibility under the aforementioned Lease, and does not relieve the Assignee from the condition requiring City approval for any subsequent sublease or assignment. CITY MANAGER STATE OF ALASKA THIRD JUDICIAL DISTRICT On this day of , 19 ,before me personally appeared , known to be the person who executed the above instrument, and acknowledged that he (she) had the authority to sign, for the purposes stated therein. NOTARY PUBLIC FOR ALASKA My Commission Expires: 11 ASSIGMEWr OF LEASE JACK R. PECK and ALTHEA F. PECK, of Box 2840, Kenai, Alaska, hereinafter referred to as the Assignors, for TEN DOLLARS and other valuable consideration, do hereby assign and transfer to NATIONAL BANK OF ALASKA, of Anchorage. Alaska, hereinafter referred to as the Assignee, all of their interest in the following described lease, With the City of Kenai as Lessor: PARCEL NO. l: Lot One (1), Part Three (3), of ALEIMSKA SUBDIVISION, according to Plat No. K-1561, filed in the Kenai Recording District, Third Judicial District, State of Alaska. PARCEL NO. 2: Lot "I -A", Part Three (3), of ALEVESKA SUBDIVISION, according to the Plat No. K-1561, filed In the Kenai Recording District, Third Judicial District, State of Alaska. DATED: ASSIGNORS: R. PECK / ALTHEA F. PECK -� STATE OF ALASKA ) • i aY. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this -af�.—day of .t•k r 191 r. before se, the undersigned, a Notary Public in and for Alaska. duly commissioned and sworn as such, personally appeared JACK R. PECK and ALTHEA F. PECK, to me known and known to me to be the individuals named in and who executed the foregoing instrument and they acknowledged to me that they signed the said instrument for the uses and purposes therein mentioned. IN WITNESS WHEREOP.I have hereunto set my band and official seal the day and year above written. . Notary Public in -and-for Alaska lfy Commission Expires: 0 1� Mr. Roland D. Lynn, City Manager City of Kenai P.O. Box 580 Kenai, Alaska SUBJECT! Payment of Water and Sewer Charges Under Protest d P.O. Box 1229 Kenai, Alaska Awatise Dear• Sir; Enclosed is my check for $20.80 for the current monthly billing by the City of Kenai for water and sewer charges. I am paying this bill under protest and I reserve the right to recover any or all of the amount paid, should there be a successful lawsuit to set aside the raise in rates made effective by the City of Kenai in July 1975. The reasons for my protest to paying the new water and sewer rates are as follows: 1. Funds raised from previous water and sewer utility billings have not been utilized effectively. The Water and Sewer Department has frequently been inadequately staffed and supplied even though funds were available. We have no assurance that the added charges will bring more or better service. 2. A raise in water and sewer rates of approximately 25% was adopted •in April 1973. No study of the effect of this rate raise was ever made public. The new raise in rates is 33-1/3x, making a raise over 1973 rates of 67x. All prices have increased in the past few years, but this raise is exhorbitant: 3. Services have not improved as a result of the previous raise in rates. Sewer lines still remain uncleaned after many years of good Intentions. Water supply is still tenuous and any.minor water problem turns into a disaster because valves are still not located f. or maintained in working order. 4. In the 1975-1976 Budget Submittal letter to the Kenai City Council it states that "Water and sewer use charges will be increased by 33 per cent to make the water and sewer operations break even." In the details of the budget document I find that $115,490 from the Water and Sewer Department budget will go to "debt service." -.; Just what portion of the City's indebtedness is not revealed. C The same budget document shows that $12,000 is to be transferred to other funds for insurance and $6000 transferred for accounting. This seems reasonable, and even a contribution to the general fund -_ for administration and supervision would be in line, but a contribution of 48% of service charges to debt service is not warranted. 0 Jr n � . 5. The cost of installation of water and sewer facilities has been - - divided between the Federal Government, State of Alaska and local " r h:.hZ funds. The iuca2 Lauds are geracZsl p:rrosc, bcrcrwl obligation bonds that have been ear-marked for various planned projects. The greater portion of water and sewer bonded indebtedness has been taken up by local assessment districts; although some areas which are served by water and sewer lines installed at City expense have not yet been assessed. I know that there are many areas in assessment districts where the City is the property owner and that these assessments have not been paid. If the raise in service charges is to pay for this debt, then I object again, because those of us who own homes that are connected to the water and'sewer system are no more responsible for this City debt than the rest of the tax payers of the City of Kenai. __-- In summary, I believe that there should be a much more detailed revelation of the disposition of funds that are designated in the 1975-1976 budget to "debt service." The public should know the status of the water and sewer bond funds (also all the other bond funds). Until that time I will continue to pay my monthly utility bill under protest. Very Truly Yours, Nels xj Aad P.O. Box 1229 Kenai, Alaska 99611 i '9 • KENAI PENINSULA BOROUGH I � AGENDA FOR MEETING OF THE ASSEMBLY OCTOBER 14, 197S, 7:30 P.M. BOROUGH AD`t I N I STRAT I ON BUILDING P. 0. BOX 850 SOLDOTNA, ALASKA 99669 - A s E N D !. - ASSEMBLY Callahan 4 A. CALL TO ORDER AND ROLL CALL Chenault 9 Cooper 10 B. PLEDGE OF ALLEGIANNCE AND/OR OPENING CERLMONY Davis 9 ; Elson 10.66 C. ELECTION, OCTOBER 7, 1975 Fields 9 Johnson 10.67 (a) Report from Canvassing Board Lutz 7.5 McCloud 7.5 (b) Res. 75-49 "A Resolution Certifying the Mika 9 Results of the October 7, 1975 Regular ?Sullen 11 Borough Election" O'Connell 9 Steiner 10.67 (c) Seating of New Members to the Assembly Arness 9 Bjerregaard 9 D. AGENDA APPROVAL Burton 9 y Y E. MINUTES: September 16, 1975 F. ORDINANCE HEARINGS (none) ( i G. INTRODUCTION OF ORDINANCES (none) ' H. PUBLIC PRESENTATIONS (a) North Peninsula ..^.c:crea:ion I-cz icc Area Mr. Jeff Dillion, Administrator i (b) Kenai Pipeline Co., Waiver of Penalty & Interest Mr. George Day (Letters & Budget Fund Report from Mr. Mille) I. CW94ITTEE REPORTS (a) School Board, October 6, 1975 (Davis/Bjerregaard) (b) Cook Inlet Air Resources Mgt. Dist. (Davis/Burton) J. MAYOR'S REPORT (a) Alaska Transportation Commission (Mr. Carson) (b) Special Waste Site K. SCHOOL CONSTRUCTION AND CAPITAL IMPROVDIENTS (a), School Planning and Status Reports (b) Nikolaevsk Elementary - Estimated Project Cost (e) Letters re: Ninilchik Athletic Field L. OTHER BUSINESS (a) Request for Waiver of Penalty & Interest, Sheffield Hotels, Al Parrish, Mgr. (b) Request for Waiver of Penalty & Interest, Marshall -Tito, Inc. s, �- tea.,-ra.._. �.-- - — --- _ — --� -� ..-..-� -- . - - - -• ' ` = - - - - -- --- — AGENDA FOR OCTOBER 14, 1975 Page 2 (c) Res. 75-47 "A Resolution Finding That Certain Forecloses Properties Within the City of Kenai Are Not Required for Public Use -by the Kenai Peninsula Borough" (u) Rus. 75-48 "A Resolution Finning Cvi-Lail, Tax Foreclosed Property Within the Kenai Peninsula Borough are Not Required for Public Use by the Kenai Peninsula Borough" (e) Tax Adjustment Requests (f) Planning Commission Appointment (Walt Pedersen) M. MAYOR AND ASSEMBLY: COMMENTS AND DISCUSSION N. PUBLIC PRESENTATIONS O. INFORMATIONAL MATERIALS AND REPORTS (a) Coastal Zone Management Outline 9-19-7S (b) 'Monthly Maintenance Report, September (e) Minutes: School Board, 8-4 and 8-18-7S; News in Brief, 9-22-7S So. Peninsula Hospital S.A., 8-20-75 Central Peninsula Hospital S.A., 4-10, 5-16, 7-11-7S (d) Audit Reports for School District and Borough (will be distributed at meeting) (e) Alaska Municipal League: Bulletin 75-32, Official Conference 14tg. Bulletin 75-38, Proposed 1976 Policy Statement Bulletin 7S-43, Constitution & By -Law Amendments Bulletin 7S-42, 1977 Ccnforence Site (f) Cost of Living Chart from US Dept. of Labor P. NEXT MEETING: October 21, 1975, Borough Administration Building, Soldotna, Alaska KENAI PLANNING $ ZONING COMMISSION REGULAR MEETING SEPTEM111"R 24, 1975 7:00 P.M. CITY MANAGER'S OFFICE RON MALSTON, CHAIRMAN ITEM 1: ROLL CALL Present: Chairman Ron Malston, Nels Kjelstad, Betty Glick, Cliff Heus, Roland Raymond. Absent: Harry Gaines, Beverly Fillio. ITU1 2: APPROVAL OF MINUTES SEPTEMBER 10, 1975 Minutes of.September 10, 1975: The following corrections were made to eche minutes: Page 2- Item 4: (a), 10th line down- should read: buildings are on "privately" owned property. Page 3- Item 4: (b) continued- under Roll Call Vote, Voting Yes, Betty Glick's name was left out. Minutes stood approved as corrected. ITEM 3: OLD BUSINESS a. Johnny Johnson Motors -Title Search Report from City Attorney: Phil Aber read Title Search Report prepared by City Attorney for the Kenai Planning & Zoning Commission. A map attached showing location was discussed and looked at by Commiss�qn members. b. National Trust for Historical Preservation - Hand out material: Mr. Aber asked if Commission wanted a meeting 44 set tip with the City Council. The Commission 3 decided that this was not necessary. Councilman Ambarian suggested that Commission hold off a meeting until new Council is formed. ITEM 4: MEW BUSINESS a. David Diamond- Proposed Zoning of Float Plane Basin: Mr. Gerald Sibley presented to the Commission his revised proposal on the Float Plane Basin and expressed need for such a facility in this area. Mr. Sibley proposed a study of existing facilities and plans for developing the area. He stated that a topographical survey was needed together with a revision of the airport layout plan. t I KENAI PLANNING ZONING COMMISSION REGULAR MEETING SEPTEMBER 24, 1975 PAGE 2 r . MOTION ACTION ITEM 4: (a) continued - Mr. Sibley passed out pamphlets of "Proposal For The Development of The Kenai Municipal Airport Float Plane Basin" and also presented a map which he explained to the Commission. Phil Aber commented that FAA is going to require two (2) studies: Step 1- Navigational study to determine where the development can be along the east side of the Float Plane Basin, which will be controlled by tower visibility. Step 2- Overall planning for Airport properties. J Phil Aber stated that Mr. Sibley's proposal should now go to the Council. The map presented by Mr. Sibley was discussed in further detail. Mr. Aber also mentioned the fact that FAA requires control over access to the area and there would have to be a certain water level maintained. Also that a lot would depend on Aeronautical study from FAA. It was the feeling of the Commission that this facility would be very beneficial to the City. Roland Raymond made a motion that the Commission recommend to the City Council that concept be approved. Nels•Kjelstad seconded the Motion Motion passed unanimously by Roll Call Vote b. Kenai Theatre Ent., Inc.- Lease Application: Mr. Fletcher of Kenai Theatre Ent., Inc. made a presentation to the Kenai Planning $ Zoning Commission of his -proposal for expanding his theatre for the City of Kenai. Mr. Fletcher stated that they would like to secure the property directly behind the Kambe Theatre. They propose to make Kambe Theatre a twin theatre. A map of his present lot was pre- sented by Mr. Fletcher to the Commission and he indicated the new area desired and dis- cussed their plan for developing this area. Mr. Fletcher asked the Commission what pro- cedure to follow. { KENAI PLANNING ZONING COWU SSION REGULAR MEETING SEPTEMBER 24, 1975 PAGE 3 MOTION ACTION ITEM 4: (b)continued- The Commission informed Mr. Fletcher that he would have to complete the application forms to provide necessary information needed to act upon. It was pointed out that his sketch of lot 12 did not show what he planned to do on the lot. Cliff Heus moved for preliminary approval for lease of Lot 12, Alyeska Subdivision to Kenai Theatre enterprises pending submission of a proper lease application. Roland Raymond seconded the Motion. Motion passed unanimously. c. Staveland Subdivision/ Preliminary: Phil Aber presented the Preliminary Plat of Staveland Subdivision. Discussion of the Commission followed. Chairman Ron Malston asked for recommendations from the Administra- tion. Phil Aber stated he didn't approve be- cause lots are too small and there is no City water and sewer available. Nels Kjelstad moved that Staveland Preliminary/ Plat be rejected for following reasons: (1) Lot sizes are too small for on-site water F sewage disposal. (2) Location of 50 ft. radius cul,de-sac' provides poor use of the land. (Too much property in street right-of-way). Betty Glick seconded the Motion Motion passed unanimously. d. American Subdivision- Preliminary/ Final: Phil Aber presented American Subdivision Preliminary/Final to the Kenai Planning $ Zoning Commission. Discussion of the Commission followed. J - - -r- � -sem - T- - � � : �-► -i - T - -� --� _- - �� -- ---- - -- --- --- y - - ---------- ----------- - - - - - "M I ma 4 KENAI PLANNING & ZONING CONIMISSION REGULAR MEETING SEPTEMBER 24, 1975 PAGE 4 ITEM 4: (d) continued- J Chairman Ron Malston asked for recommendations from the Administration. Phil Aber stated it was okay the way it was drawn. MOTION Cliff Heus moved for approval of American Subdivision Preliminary/Final with the following conditions: (1) Show adjoining lot numbers -- (2) Show existing streets $ right-of-ways. (3) Show ownership of adjoining properties. Motion seconded by Nels Kjelstad ACTION Motion passed unanimous,)►. ITEM S: OTHER BUSINESS I - Chairman Ron Malston asked Betty Glick for a report on Harbor Commission. She stated area for location of Small Boat Harbor was discussed. } Mrs. Glick stated that October 10th would be ; their next meeting at 7:00 P.M. at the City Manager's office. - I ITEC! 6: ADJOURN There being no further business the meeting adjourned at 9:30 P.M. P, + 1-I (/Ozu ZI,- Kathleen Clark, Secretary I _ 11 ---------- 4 t 1 - - gk "� KENA 1 POL 1 CE DEPARTMENTo �t ,o`of MQVTHLY REPORT SEPTEMBER 1975 i SEPT. SEPT. JAN. - JAN.- PERCENT OF 1974 1975 SEPT. 1974 SEPT. 1975 CHANGE TOTAL _ TRAFF 1 C CONTACTS 189 300 1,67 5�g r ACCIDENTS 15 5 78 }.; INJURIES 6 0 15 FATAL TI Et0 0 0 _ ECONOMIC DA14AGE 13,635 1,600 58,199 OFFICERS OVERTIME 181 91 1,917 " ® DATE SLUMITIED: 10-3-75 SUBMITTED BY: RICHARD A, -ROSS - , GHIEF OF POLICE KLF ,1 b' i j q, Y1 x 7 '{ 2,447 45% increas 75 4% decreas 17 13% increas_ 0 65,741 12% increas 1,225 36% decreas 91 A CARRYING CONCEALED dEAPCN 0 3RANDISHING WEAPON/ 3 'ARELESS USE OF FIREARA 0 4ALICIOUS DESTRUCTION 0 )RUG VIOLATIONS I RECKLESS & 17 NEGLIGENT DRIVING 2 JUVENILE RUNAWAY & DETENTION ARRESTS 19.1vi 3 AUTO THEFT & JOYRIDING I OTHER i.e. Minor In 107 TOTAL 44 SEPT, SEPT. JAN. JAN. PERCENT OFFENSE 074 0715 SEPT. 1974 SEP). 1975 OF CIIA'4GE 40fAl Cl DE 0 0 0 1 4SSAULT W1 DANGEROUS IEAP014 1 1 3 4 ASSAULT & BATTERY 0 1 5 21 3URGLARY 0 0 21 14 LARCENY 4 1 15 39 JNLAWFUL ENTRY 0 0 5 2 91 A CARRYING CONCEALED dEAPCN 0 3RANDISHING WEAPON/ 3 'ARELESS USE OF FIREARA 0 4ALICIOUS DESTRUCTION 0 )RUG VIOLATIONS I RECKLESS & 17 NEGLIGENT DRIVING 2 JUVENILE RUNAWAY & DETENTION 0 19.1vi 3 AUTO THEFT & JOYRIDING I OTHER i.e. Minor In 107 possession, Warrants, 44 contribiiting to delln- 14 juencv* forgery, etc. TOTALS 0 26 0 I 2 3 4 11 2 22 16 5 16 17 0 14 3 9 50 54 0 9 0 21 107 114 44 273 299 9.5% Increase -.- j low �' J"'�-�'�--_�'..i i.iii ��i�,.- - - -. <. _ ..� - _ ...,.- .. .. , ...� �,�... ""_" �� i � �ii� I �I i iui-'� i�i♦-r _ -- KENAI CONMUNITY LIBRARY -- A Public Library In Service Since 1949 Box 157 Kenai, Alaska 99611 REPORT FOR THE MONTH OF SEPTEMBER 1975 Circulation Adult Juvenile Easv Rooks Fiction 1049 182 710 Non -Fiction 1002 49 211 Total Book Circulation for Month I8 � 3 c, Films, Phonodiscs, Pamphlets, -Periodicals 140 � ,- Total Circulation for Month 3243 Additions . Gifts 89 Purchases 74 Phonodiscs 4 Total Additions for Month 170 Remedial and Reworked Books 5 Interlibrary Loans Ordered Received Returned - - Books 11 20 35 ! - Phonodiscs 1 5 Volunteers Number 19 Total Hours 312 Income s Fines and Sale Books 234.11 +` Mot or Damaged Books 7.95 Deposits on Cards 240.00 Donation for book 5.95 Zerox 2.25 r; 1 Total Income for Month 1445=24 I . .i ♦ i Ii' { I { t,