HomeMy WebLinkAbout1996-06-25 Historic District Board SummaryHISTORIC DISTRICT BOARD
June 25, 1996- 7:00 p.m.
~~AGENDA~~
Kenai Council Chambers
Chair Dorothy Gray
1. ROLL CALL:
2. APPROVAL OF AGENDA:
3. APPROVAL OF MINUTES:
May 28, 1996
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. HISTORIC BOARD REVIEW:
6. NEW BUSINESS:
a. Parliamentary Procedures
7. OLD BUSINESS'
~ .... ~n P~' ~,~,--n~
b. Review of Sign Code
c. Shkituk' Village
8. REPORTS:
9. INFORMATION:
a. Bittner Letter dated May 28, 1996
b. National Trust for Historic Preservation Information
c. Preservation Advocate News--Vol. 5
d. The Alliance Review
10. BOARD QUESTIONS AND COMMENTS:
11. ADJOURNMENT:
HISTORIC DISTRICT BOARD
June 25, 1996- 7:00 p.m.
***MINUTES***
UNAPPROVED
Meeting called to order at 7 p.m. by Chairperson Gray.
1. ROLL CALL:
Members present:
Members absent:
Others present:
Dorothy Gray, Ethel Clausen, Michael Huhndorf, Rebecca
Godek, Bill Kluge (arrived at 7'10 p.m.)
Alan Boraas, Kim Booth
Councilman Joe Moore, Engineering Tech Rachel Clark,
Administrative Assistant Marilyn Kebschull
2. APPROVAL OF AGENDA:
Gray asked for any changes or additions to agenda? Huhndorf asked if that would
include the Preservation Plan, Part 2 under Old Business and Gray responded yes.
Huhndorf noted he still doesn't have that information. Gray stated they could
delete that from the agenda noting the survey had still not been received from
Preservation North. Kebschull advised that is correct noting they are three weeks
late adding it was supposed to have gone to the printers on Saturday but now they
were estimating it would go to the printers on Friday.
Gray deleted Preservation Plan from the agenda.
No other changes noted, the agenda was approved as modified.
3. APPROVAL OF MINUTES:
May 28, 1996
Gray asked if there were changes to the minutes of May 28th? Huhndorf stated he
would like to comment on something he had said concerning the federal attachment
to things that have been found. Huhndorf stated that as individuals find things on
private property that may be their property as private property is not included in the
NAGPHRA(?) law. Huhndorf added that if those items are given to a museum
which receives federal funding of any sorts or which has attachments to federal
funding, then those items may be taken under NAGPHRA. Huhndorf stated that
had been discussed on page 5 of the minutes.
Gray stated that must have been Rebecca Godek and was advised it was Bill
Godek. Gray commented that perhaps a point should be made to distinguish if Bill
said something. Kebschull stated that if it stated Godek it would refer to Rebecca
Godek and when Bill spoke the full name was used. Kebschull noted that in the
minutes members are referred to by last name only.
Huhndorf summarized that artifacts can be attached if they go to a museum which
receives federal funding but individual private property owners, they cannot.
NO OTHER CHANGES OR CORRECTIONS NOTED, MINUTES APPROVED.
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. HISTORIC BOARD REVIEW:
6. NEW BUSINESS:
a. Parliamentary Procedures
Chairperson Gray advised that the packet contained a memorandum from Kebschull
asking for the Board's cooperation in using tighter rules on parliamentary procedure
at meetings. Gray noted it has been very difficult to transcribe the minutes when
people just jump in and there is not a motion on the floor and the Board keeps
jumping around from one subject to another. Gray noted that to refresh her
memory of parliamentary procedure she had gotten the video tape, noting it was a
2 hour video, and had reviewed it. Gray stated the tape would be passed on to
Huhndorf to review so the board tries to follow procedure when meetings are
conducted. Gray added this was also for the benefit of an audience when people
come to meetings. Gray noted that the rules are made for the purpose of helping
to clarify the meeting for everyone.
Moore commented that he appreciated Kebschull's advice. Moore added that it
may be tough at first but the board will appreciate it in the end commenting that
the meetings will move faster, the board will accomplish more, comments will be
focused on the subject at hand and won't stray.
Note: Bill Kluge arrived at 7:10 p.m.
Gray noted that the packet contained information from the city code special rules
that apply. Gray noted it is her understanding that meetings are conducted
according to Robert's Rules of Order. Gray commented that she felt that most of
the city's code followed the rules contained in the pamphlet that came with the
video. Kebschull stated the rules were basic adding that they included the chair
recognizing those who speak, and following the agenda. Kebschull noted that the
one rule that hasn't been following that she wanted to stress was that the board
needs to either ask for a unanimous consent with motions or have a roll call vote.
This allows council as well as the public to see who voted. Clark noted that on
Page 1.8 was the fact that no member shall speak more than twice or more than
10 minutes.
Townsite Historic District Board
Minutes
Page 2
June 25, 1996
Gray commented that she remembers seeing something in the video about that and
that there can be a motion to increase that should be body feel that more
discussion is needed but generally according to Robert's Rules of Order people can
only speak to an issue twice. Gray added that this was to help streamline meetings
and to keep people on the topic.
Gray asked if there was anything else that needed to be pointed out to the board
and asked if members should identify themselves when they speak. Kebschull
stated that generally the chair identifies individuals when they are recognized and
that gives them the floor. Kebschull added that this recognizes that individual on
the tape adding that she knows the voices but other individuals who may listen to
the tape may not. Kebschull informed the group that citizens may purchase copies
of recordings.
Chairperson Gray informed Kluge, who had arrived late, where the Board was on
the agenda. Gray noted that Kebschull had asked the Board to tighten up the
meetings to make it easier to transcribe minutes and that it will better organize and
streamline meetings. Gray added that the group had been discussing some of the
things the Board was hoping to work on and do better. Gray stated that included
only speaking to the issues that are on the floor and to prevent the discussion from
jumping around from issue to issue.
Gray stated that tonight if a member would like to speak, to raise their hand or
pencil and she will call on them. Gray noted that it had been pointed out that
according to special city rules regarding meetings that at the regular meetings a
council or board member Can only speak twice to an issue or no more than ten
minutes to any one question on the floor.
Gray asked if anyone had any' specific questions. Gray reiterated she will be
passing the tape on to Huhndorf with the handbook that came with it. Gray added
that if she is absent, Huhndorf is vice-chair and will chair meetings in her absence.
7. OLD BUSINESS-
a. Review of Sign Code
Gray stated that in the packet on page 7b is the memorandum from the city
attorney with information about things that could actually be done in a sign code.
Gray added that Clark had researched the city sign code and had provided
information which is in the packet. Gray asked Clark to explain the information she
had prepared.
Townsite Historic District Board
Minutes
Page 3
June 25, 1996
Clark stated the basis for the city attorney's memo are on the back side of number
one through seven. Clark stated you cannot regulate for content on a sign. For
example saying that you wanted to review them for historic correctness, scale, and
character in keeping with historic correctness in keeping with the historic district.
Clark stated the attorney didn't think that would be legally defensible adding that
the board cannot put anything into the sign code that could be construed as
regulating for content. Clark noted they could use objective criteria for type of sign
using the example of no free standing signs or roof signs. Clark stated they could
also regulate the size. Clark noted that she had came up with a sample sign code
noted on the bottom on his memo. Clark stated another issue is that the building
inspector already reviews signs in the city and you cannot review for content.
Clark commented that since signs cannot be reviewed for content, the board may
want to let the inspector review these signs as he does throughout the city.
Clark stated that on the back of her memo there are questions that the Board
should at least consider. Clark noted the first deals with square footage for various
signs. Clark stated that right now the code in other districts says for example for a
home occupation sign, one sign not exceeding four square feet. For a multi-family
dwelling or an office, not to exceed 32 square feet. For commercial, industrial use,
not to exceed 81 square feet. Clark noted she had added or 10 percent of the
building projection. Clark stated she had used 10 percent as an example. Clark
stated the second sheet was to give a visual example of size of these signs.
Huhndorf asked regarding the drawing if they were to see the sign as what is
allowed for that particular application for example, 10 percent on professional
offices. Huhndorf asked if that was about what it would look like on the
schematic. Clark stated that 32 square feet would be what would be allowed for a
professional office. Clark added that for a relatively small building projection that is
what it would look like. Huhndorf, noting this would be his second comment on
this issue, regarding sign content and not being allowed to check for historic
correctness that he felt that if something was historically incorrect and you can
prove it, under the right of free speech they have a right to state that. Huhndorf
commented he felt incorrect should be in quotations, in other words if the dates
were wrong. Huhndorf added that one of the factors that was important to himself
and the people he works with is the correctness of the signage. Huhndorf stated
perhaps they would be the ones determining that if they would be the ones doing it
so it wouldn't be as crucial. Huhndorf noted that if they see something that is not
right, they cannot do anything about it.
Clark stated not necessarily adding that commercial speech, which a sign would be
considered, is only protected if it is not misleading. Clark stated they could make
an argument that something that was incorrect as far as dates would be construed
as misleading and under those grounds you could look at the content.
Townsite Historic District Board
Minutes
Page 4
June 25, 1996
Gray stated that when she read that she was trying to remember and scanned
through some of the sample sign codes that they had had from other Places. Gray
stated that interestingly enough they had taken that from another ordinance
somewhere else in the United States. Gray added that if the attorney feels that
that might be challenged, could the sign code say it would be a recommendation
that the content be reviewed by this board to assist in historical correctness. It
wouldn't say by law that they had to, but again one of the purposes of the Board is
to provide education for the community about the historical district. Gray added
that if they came to the Board as a resource, could they put some kind of wording
in the code with that in mind. Clark stated they could put in the code that it is
recommended that it be reviewed by the TSH Board prior to putting it up but it
could not be required. Gray stated that may be a way to help people. Clark stated
she would ask the city attorney but didn't feel there would be a problem with that.
Moore stated that he had found it interesting in the first couple meetings that he
had attended that the Board wanted signs that did nothing more than to advertise
what the place was such as hotel, motel, etc. Moore added that it appears they
cannot do that adding that is disappointing. Moore stated he felt that was a valid
argument and is disappointed to see that this attorney's opinion. Clark stated she
felt he was pretty solid on stating that as long as it is not profane, misleading, or
unlawful they can put anything on a sign.
Gray asked if the Board would like to go through each of the items that Clark had
suggested and see if the Board agrees or disagrees with them and make
suggestions or changes.
Gray stated the first is the home occupation sign not exceeding four square feet.
Gray noted that is the first sketch. Gray noted that later Clark had added that free
standing signs are not permitted. Gray asked if that was on or off premises. Clark
noted that off premise commercial signs are automatically not allowed by the
general code. Clark stated a free standing sign would be something that is out
from the building commenting that most of the signs in the area are free standing.
Clark noted that is a question the Board needs to answer, whether or not to allow
free standing signs. Clark added that the Board needs to know there are already
signs in place that are free standing commenting that it would be a disparity if they
didn't allow them. Clark stated she had put number four in as a suggestion. Gray
stated that in Soldotna home occupation signs must be attached to the home.
Clark stated the Board could do that if they wanted to. Gray stated to specifically
deal with home occupations. Clark stated the only problem she sees is that if
somebody has a fairly large set back, it may not be fair as far as visibility. Gray
commented that four square feet is not very big adding that even if it was free
standing it probably wouldn't be a problem.
Townsite Historic District Board
Minutes
Page 5
June 25, 1996
Kebschull pointed out to the Board that the sign grant that they had applied for that
part of those signs may have to be free standing as the Board doesn't know if they
have property owners' permission to place signs on the buildings. Kebschull
commented that whatever codes made would be like any other codes within the
city wherein a person could apply for a variance. Kebschull explained that even if
the Board wanted to make a rule that free standing signs were not allowed, people
could still apply for a variance and get permission to do that on an individual basis.
Gray asked if the group agreed that home occupation signs would be no more than
four square feet. Group consensus.
Gray asked about signs with multi-family dwellings, clubs, professional offices
would not exceed 32 square feet which is the second sketch. Gray added this is
approximately 10 percent of the building projection. Gray asked if the group agreed
with this. Kluge stated he didn't see the 10 percent noted. Gray stated it was
noted on the drawing. Kluge stated they may want to add that in the verbiage.
Kluge stated that it appeared to him to accomplish what their goal was which was
to keep Signage secondary to the character of the buildings in Old Town that he
would propose making that the maximum size for all business rather than going up
to the 81 square feet. Clark stated they could do that if they wanted to. Clark
asked if they wanted the professional office code to read 32 square feet in area or
10 percent of the building projection area whichever is less. Kluge stated that is a
four by eight sheet of plywood adding that is a pretty good size sign when you
have a small development like Old Town. Gray commented that it would be about
the size of the green chalkboard. Kluge stated it would be bigger than that. Clark
and Moore commented they felt that it would be close to that size. Kluge stated it
would actually be a little larger estimating that the chalkboard was seven feet long
and shy of four feet wide. Kluge added that it might only be six feet.
Gray asked Kluge if she understood him to say he would delete number three on
this list and keep all the signs including commercial, industrial along with the signs
identified in number two as having a maximum of 32 square feet or the 10 percent
of the building projection? Kluge stated that he felt that one way of dealing with it
would be that all other signs shall be limited to 32 square feet or 10 percent of the
building projection whichever is less.
Gray asked for the feelings of the other board members? Huhndorf stated that on
one hand he feels it is okay and the other one not okay depending on the
application. Huhndorf stated that he felt sometimes an exception should be made if
there is a good cause for it. Huhndorf stated he didn't know that they wrote laws
like that. Clark stated that a person could apply for a variance and if it was for a
good cause, hopefully it would be approved. Huhndorf stated he likes the clause
Townsite Historic District Board
Minutes
Page 6
June 25, 1996
but without seeing every application, he would like to allow a window with some
conditions to the exception. Kebschull commented that the Board may want to
specify that variances in Old Town be reviewed by the Board before they go to
Planning and Zoning noting that the under the current procedure variances would
not be reviewed by the TSH Board. Moore commented that as far as he knows,
everything goes through Planning and Zoning. Kebschull stated that was right but
it doesn't go through this Board adding that she didn't know if the Board would
even see a sign that was oversized. Gray stated that in the ordinance that
commercial buildings are limited to no more that 5000 square feet per story asking
what that would make roughly one side of a building. Gray asked if it could
possibly have an 81 square foot sign. Kluge stated it would depend on the
property and how the building is proportioned. Clark stated it would be much,
much larger than the pictures she had supplied. Kluge commented that would
depend on which side of the building and depending on the property that could be
two different sides. Kluge added that is why you have the limitation on square
footage. Kluge stated that if they look at plats of Old Town, there are not many
large pieces of property and there are limits to the size of buildings that can be
placed on those pieces of property. Kluge added that if you try to add something in
there except by approval of a variance he stated he felt that opens up a window.
Kebschull noted that they didn't have to note a variance could be applied for that
the code allows for anyone to apply for variances. Kebschull reiterated that
regardless of the sign code they implement a person can still apply for a variance to
get a larger sign or whatever. Moore stated that the way the system works is that
any ordinance that this Board recommends will still go through Planning and
Zoning. Moore asked if that was correct and Gray advised yes.
Godek noting she hadn't had a chance to look but asked how close Clark's proposal
is to the current sign code. Godek stated that 81 square feet was the maximum
sign adding that it seemed to her there was no reason to have another sign code if
the current sign code already takes care of that. Godek stated that if they want to
limit that and not do a 81 square feet and do as Kluge suggested a 32 square feet
sign, then she sees the reason for doing this.
Kluge stated he felt that something else that was missing was a briefing that
explains what the Board would like to see. Kluge added he thinks it goes back to
the statement that the sign and contents with the street scape and trying to limit
the verbiage on the sign to what the character of the building is and the occupancy
is in that building. Kluge stated this is because they are trying to achieve an
atmosphere in the Old Town district that is appropriate for a historical area. Kluge
stated if you give some background on what the Board is trying to accomplish in
the area rather than just state is you do this, this, and this you can pass our sign
ordinance. This portion of the sign code should be informative as well' as just as
much as restrictive noting that he felt that a narrative should be included. Gray
Townsite Historic District Board
Minutes
Page 7
June 25, 1996
stated they might borrow from the rationale that they wrote to the Planning &
Zoning when they introduced this and justified the whys and wherefores of what
the Board was wanting to accomplish. Gray added that she felt it was important
that people see the sign code for Old Town not as being as restrictive but perhaps
being more informative.
Huhndorf commented that on that note and after hearing the talk about Old Town
and the number of buildings and the size of the lots, he stated he does like Kluge's
statement. Huhndorf noted that they only make recommendations anyway and
depending on the credibility the board is assigned, they either will or won't listen to
recommendations in the spirit of historic flavor.
Clark commented that the place for the verbiage may not be the ordinance but
instead it may be supplemental information. Clark noted that the sign code reads
pretty cut and dry as to what is allowed and what is not. Gray stated that a more
appropriate place may be as a cover letter for people who come in looking for the
regulations Kebschull noted she had brought the zoning code to the meeting
adding that if the Board does a specific sign code for the Historic District and start
the code with the intent of the code is to, etc. Kebschull gave for example the
code starts the section on the Historic District with the intent of the district.
Kebschull stated they would need to be concise, clear, and to the point. Clark
stated the sign code doesn't have that information included and Kebschull stated it
didn't but didn't know that they couldn't include the intent. Moore commented he
didn't see any reason that they couldn't include the intent. Kebschull noted they
would not be able to have a long, lengthy document like they had submitted
previously. Clark reiterated that they could not regulate content in any way, shape,
or form. Gray stated that in the intent section it might be made clear that the
Board is here for the purpose of assisting people in being historically accurate and
would be more than willing to provide as much information as the Board has. Clark
· stated she felt it could be put in there that it is recommended that the sign be
reviewed by the Board prior to implementation. Clark stated she would ask the
attorney.
Gray asked that they return to the size of the sign noting they had discussed
number 2 and 3. Gray asked what the feelings were noting that Kluge has already
said he would like size limited to 32 square feet maximum. Gray asked for other
comments.
Kluge stated that for point of order he thought the correct way to do this is that
someone should make a motion to adopt it and then make amendments to that
motion such as this change. Kluge stated that way you get it on the floor for
discussion. Kluge asked if that was correct? Kebschull advised that because they
have been discussing the item and no one has made a motion, the Board could
Townsite Historic District Board
Minutes
Page 8
June 25, 1996
either make a motion. Kluge interrupted saying that was what he meant and that
usually to get an item on the floor for discussion that usually a motion is made.
Kluge continued saying that then amendments can be made to the motion if they
are accepted. Moore stated that was not necessarily the case and that anything
could be discussed without a motion. Moore stated if they want to make a motion
to change the recommendations, then that would be what they could do. Kluge
asked 'if others saw the confusion here. Moore stated they have no ability to act on
anything, no ability to do anything but make recommendations. Moore asked if
that was correct and Gray stated yes. Moore stated if they would move to
recommend this sample code, then that would be a motion. Moore stated they
could discuss the sample code, make changes to it, and then move to recommend
the sample code as altered or modified which would require a second and then they
would vote. Moore stated he felt they were doing the right thing the way the
Board was going. Kebschull commented that she thought what Kluge was referring
to that generally for example in Planning & Zoning if there is a plat to be approved,
the first thing that happens is somebody moves for approval, someone seconds it,
and then a discussion is held and then they vote. Kebschull added that when you
have an item like this wherein you don't know what the business is because it is so
widespread and open, you don't really have a motion to make. Moore stated the
end result of the discussion would be a motion to recommend to Planning & Zoning
what you discussed and changed.
Gray recommended flushing the item out, then have changes read, and then have a
motion to accept or reject it as written. Gray noted that then they would be
official.
Gray asked how the Board was feeling about the 81 versus the 32 square feet.
Huhndorf stated he would go with the 32 square feet or 10 percent. Clausen
stated she would go with the 32. Godek stated she liked that adding she felt the
smaller the sign the less obtrusive and in keeping with what she feels the goal is.
Gray stated she would also agree adding that most of the buildings there are quite
small and anything gigantic would take away from the historical integrity of the
area.
Clark asked if they wanted to make a contingency for if there was more than one
business as noted under part 3. Clark stated that for example the Vozar property
and if you limit the entire premises to 32 square feet, you are talking about 2
square feet signs. Kebschull asked if Clark was referring to Vozar's business or the
cabins adding that each of those cabins would be a separate business and allowed
a separate sign. Clark stated not on the same premises and Moore commented
they are on the same lot. Clark stated she had discussed it with La Shot and
thought it referred to the same premises. Kebschull noted item number 3 said per
business. Clark stated if there is more than one business on a premise all these
Townsite Historic District Board
Minutes
Page 9
June 25, 1996
apply. Kebschull stated she thought of a premise as something combined like Carrs
where it is one building but when you have separate individual building would be
considered a premise. Kebschull noted that was her perception. Clark stated La
Shot had stated his understanding was the lot line and whatever is interior to the
lot line is one place adding you can see how that might not be fair. Kluge stated
you might say one would be allowed for each free standing building on the premise
not to exceed 32 square foot or 10 percent of the front elevation of the building.
Kluge added then that one needs to define front which should be defined probably
by the side where the main entry is located. Kluge continued that such a
development like the little cabins which are all introverted on the piece of property.
Gray stated they were all in a circle. Kluge stated that they needed to define what
side if the front. Moore asked if the existing sign code defined the front of a
buSiness adding that was a good point. Gray stated she didn't see anything in the
code about it adding it defined wall sign as any sign attached to, painted on, or
erected against the wall of a building or structure with the exposed face of the sign
in a plane parallel to the plane of the said wall. Gray stated that doesn't say that
the wall has to be on the main entrance of the building. Gray added she felt that
was an important thing to look up.
Gray asked Kebschull if Kluge should repeat what he said about defining front.
Kluge said he mentioned to allow one side having one sign for each free standing
structure on the premise not to exceed 32 square feet or a maximum of 10 percent
of the front elevation. Kluge stated that somewhere you need to define the front
side as the side with the main entry to the building.
Gray stated that brings them to number 4 about free standing signs. Gray stated
she would like to bring up the point that if the sign grant goes through the Board
had actually thought about putting signs on property that no longer even had the
structure but were an historical spot such as this is the site of the old Russian
school house. Gray stated that if they were to do; Clark interjected they would
have to apply for a variance. Kluge stated it could be incorporated into the
ordinance with the exception of historical information signs not to exceed 2 square
feet. Huhndorf asked if they could put some type of a monument or something not
necessarily a sign but something that stated on this spot. Huhndorf commented
like the brass plaques that are on the Alaska Highway. Clark stated she felt a
statue would be considered a structure but was not certain about a plaque. Clark
asked if there was a definition for sign. Gray read, "Sign means any words, letters,
parts of letters, phrases, sentences, emblems, devices, trade names, trademarks by
which anything is made known. Such as are used to designate an individual a firm,
association, a corporation, a profession business, commodity, or project which are
visible from any public street or highway and used to attract attention. Clark stated
she could ask the city attorney for a ruling as to whether a plaque or historical
signs like the Board is considering if those would be considered a sign that is
Townsite Historic District Board
Minutes
Page 10
June 25, 1996
regulated. Huhndorf stated that one thing about Old Town is that so many of the
buildings are already missing and so much has been taken down. That may be an
avenue that can be utilized.
Kluge stated that maybe the definition of sign needs to be clarified and in the
definition mention the exception of historical signs in the Old Town district. Gray
commented that Kluge was suggesting that the main sign code be amended. Kluge
stated that would be one way to approach it if this is going to be incorporated as
the revised sign ordinance. Gray stated that certainly would be a good
recommendation adding she understands Planning and Zoning is going to be
working on revising the sign code. Moore stated that Planning and Zoning despises
the sign code adding that he didn't know if they were planning on revising it.
Kebschull noted that when they are faced with dealing with the sign code that they
always mention that it needs to be looked at; however, no one has actually asked
that it be put on an agenda. Gray stated it could be a recommendation from their
Board to have in the definition of the Kenai sign code amended to include historical
signs. Gray noted that would give them coverage.
Godek drawing attention to her copy of the sign code, noted it says that you do not
have to have a permit for historical signs. Godek read, "signs in the nature of
cornerstones, commemorative plaques, historical signs, building name and street
number." Godek asked if that was addressing what they were discussing? Gray
stated it was and that would definitely have to be changed. Gray stated that was
number 1 1 under "Signs Not Requiring a Permit" is the one that Godek is referring
to. Gray stated that maybe they don't need to have a permit but in the sign
definition they should be included. Kluge stated that if you read it again it sounds
like that is not even part of the ordinance adding there is no regulation in the
current ordinance dealing with historic signs noting you are allowed to have those
without a permit. Kluge stated that in other words you could go put a plaque on
any piece of property or monument on any piece of property without approval by
the city. Kluge asked that Gray read it again and she did.
Moore stated it sounds like in their recommendation at the beginning of the
ordinance that anything in the Historic District, added that it would preclude
historical accuracy because they wouldn't be required to have the permit to put it
there. Anybody could put up what they wanted. Moore added they still could but
it wouldn't fall under the recommendation that it come before this Board to review
it because a permit is not required. Moore stated that perhaps they need something
in the proposed ordinance that, stopped and commented that they were back to the
free speech thing. Kluge stated it sounds to him like if you went along the road in
Old Town and you saw a historic plaque someone put in front of their place of
business and it was inaccurate that the only way you could do anything about it is
Townsite Historic District Board
Minutes
Page 11
June 25, 1996
to go get an attorney and sue them because
law.
it is misleading and that is against the
Moore stated he would hope that as visible as the Board might be in promoting
their historic district that hopefully people would cooperate. Moore added he
doesn't foresee everybody just throwing up a plaque or a sign stating this, this, and
this. Moore stated he thinks their pressure or influence as a commission would
weigh a lot in somebody's decision to put up a plaque that wasn't accurate
historically. Moore asked if there were divisive groups here or one group that
thinks things happen this way and one group who thinks things happen this way.
Moore stated it is not uncommon in the world but is that the case in the Townsite
Historic district? Gray stated not to her knowledge. Huhndorf stated there may be
some conflict in some of the homes and some of the ways because of the nature of
American Indian history. Huhndorf noted if it is looked at from being from the
receivership point of view, there may be some concept of conflict. Huhndorf stated
he believes that as long as things are afforded a neutral kind of information like the
origin of the house or whatever any interpretation that is done from that that he
didn't think there was any conflict. Moore stated that he hated to say that maybe
they were worrying a little too much about the whole thing but it can come back to
bite them later.
Moore stated that seeing as though Planning and Zoning is the ultimate sayer in this
anyway, Moore stated he would like to see this Board work with them. Moore
stated they could be of assistance and asked how receptive they had been to their
comments on the code. Moore asked if any member of this Board had talked to a
member of Planning and Zoning? Gray asked if he meant about the sign code and
stated no. Gray stated they are still so vague about it. Moore stated that he would
think that along with this recommendation would be a discussion to somebody who
would lend an ear to what you are trying to accomplish and that it would be
valuable. Gray asked if he was suggesting that they send a draft of this even
before it has been made into a motion to them to review. Moore stated he didn't
think so and if the Board felt comfortable with what they were putting together
tonight, he would see no problem with recommending this as a proposed ordinance
to them. Moore added it will oniy create a discussion as it has to have introduction
and a public hearing. Moore asked if they were in a hurry to get in to Planning and
Zoning noting that they had been a couple months ago. Gray stated they had
discovered that it would not be effective for this building season to push it through
in a hurry so they should take their time and thoroughly review the code.
Kluge stated it appears to him that this has evolved and that he felt they were
heading in the right direction. Kluge stated he felt they should go on through the
list as they started and that they should go back to their original submittal for the
verbiage about historic correctness, scale, street scapes. Kluge stated that is what
Townsite Historic District Board
Minutes
Page 1 2
June 25, 1996
the intent is with the historic sign code and add a narrative to the front of the list.
Kluge stated they had already brought up the point that plaques were allowed
adding they are trying to let the public know that they are trying to have the
signage in Old Town be a good scale and correct when it comes to historic
information and to help keep a quaint character to our Old Town. Kluge stated the
only meat to it is the size as he sees it. Kluge stated that is all he sees is that they
don't want a lot of big, gaudy signs in Old Town. Kluge noted that by limiting the
size if you are going to have the name of your business on the sign will limit the
content as you will only have so much room to put your information on it.
Huhndorf stated he was looking at the Historic Preservation Plan noting that he was
supposed to do the procedure for nomination to future historic sites and also
historic preservation for the community. Huhndorf stated as far as talking about
recommendation, the Board could, then added there is the law you have to abide by
and the things you don't have to abide by and then there is creating historic flavor
and maybe trying to create goodwill. They could come up with something that is
very nice and appealing to both the Historic Board and to the person and have that
sort of dialogue, "Do you like this kind of sign, or what do you think of this?"
Huhndorf stated perhaps put a little more hands on. Gray added guided.
Kebschull suggested, noting after listening to their discussion and the fact that she
spends time with P&Z, that it would be much easier to do what they are trying to
do in a work session adding that is basically what they are doing here. Kebschull
noted they had broken down from the two times and the ten minutes to where the
Board is going on and on and on. Kebschull stated she thought the first thing P&Z
will ask is have you had a work session and have you advertised it to the public.
Kebschull noted that the people in the Historic District are probably some of the
most verbal in the town for property owners and they should have had input into
codes that the city may implement that will effect them. Kebschull noted that
Planning and Zoning, if it ever gets to that point, they have to have a public hearing
and council also has to have a public hearing also. Kebschull stated that to start
off, she would recommend a work session with a public notice that the public is
invited to participate in designing a new sign code for the district and then have set
ideas when you go into that to share with those people.
Moore asked if this was a public hearing and if this meeting had been advertised.
Kebschull advised no and noted that these meetings are only advertised on the
bulletin board at city hall. Moore commented that they don't meet the public
hearing criteria adding that they don't have to. Kebschull added that she is just
commenting on what she feels Planning and Zoning will ask if the public has had
the opportunity to participate. Moore stated that in other words they want this
Board to take care of it before they deal with it. Gray asked if they wanted them to
do a public hearing before they do. Kebschull clarified that she wasn't saying a
Townsite Historic District Board
Minutes
Page 1 3
June 25, 1996
"public hearing" but had said a work session wherein the public is invited to
participate noting there is a difference. Kebschull gave the example of how P&Z
had done the work session for the prime residential zone that they had been
working on for the last three months. Kebschull stated they had a work session
before a regular meeting which was advertised and people were encouraged to
participate.
Clark suggested that she could take this back and work on it with the changes that
the Board has made already and then have a work session from there.
Kluge stated they have addressed this issue for the last four meetings added that
he thinks this gets back to what he was trying to get to and what Kebschull had
mentioned that being the work session. Kluge stated he felt that was why he was
a little confused because on other boards he has served on that usually there is an
agenda and there are items that are up for consideration for motions on the agenda
and may be discussed once the motion has been made for the items that are on the
agenda. Kluge stated that before it gets to that, the discussions that they keep
trying to have in the meetings, have already occurred and there is a draft on the
agenda for action. Any revisions to that action take place by motion. Kluge stated
he thinks the Board is doing a lot of work session items and perhaps even
committee work at the meetings. Kluge stated he felt they had gone through that
step noting they had talked a lot about the sign issue, thinks they are on the right
track, and added that Clark had been a lot of help. Kluge stated he felt they were
right there at having something that has some meat to it and does a little bit of
what they are trying to accomplish adding that it can always be modified in the
future. Kluge stated he felt the whole intent was that they were trying to have a
character for the signage in Old Town that is in place with a quaint historic part of
the town. Kluge stated if they identify that as the intent and try to limit the size of
the sign which would hopefully accomplish the real concern is which is that they
don't want a lot of gaudy, large, bright, signs. Kluge reiterated that he thinks
limiting the size goes a long ways and providing the intent of what they are trying
to do in Old Town will encourage people to be more tasteful. Kluge stated he felt
that was good first step as far as any developments in Old Town. Kluge added that
it was something that he felt could be accomplished at this meeting if they
continue through the list and go back to the original concept stating that they are
interested in historic correctness and the scale of the signage and trying to limit the
signs to just what is occupying the structure. Kluge stated he felt those were the
things they were really trying to accomplish by the sign issue and that they should
go forward.
Huhndorf asked if that could be summarized by saying to make a list of
recommendations and go on. Kluge stated they have a list before them and they
had gotten almost through it and the only thing they are missing is the narrative to
Townsite Historic District Board
Minutes
Page 14
June 25, 1996
lead into the signage for size restrictions and the other item before the group is the
issue of free standing signs or portable changing letters. Kluge stated he believed
those are already in the sign ordinance. Clark stated that was true for particular
areas, residential areas. Kluge stated they would need to incorporate those items
within the Historic District. Kluge stated they have gone through the rationale of
the sign ordinance.
Gray stated that she assumed that was what they were doing, that they were
going to flush this out and make a motion to recommend it to Planning and Zoning.
Kluge stated then P&Z could take it and tell the Board what they think. Gray
stated that she would further suggest that if P&Z wants the Board to have the
public hearing, the Board could do that. Gray stated she is not sure of the
procedure. Gray stated she would think that they have done the groundwork and
that they would take it from there. Moore stated he would agree with that adding
he respect's Kebschull's input as she has been there a while and that she is
probably right that P&Z may kick it back. Moore stated if they do, they can deal
with it then.
Kluge stated that if there is an ordinance that they are proposing to P&Z that tries
to change an ordinance or come up with a new ordinance, is there not a public
hearing required? Gray answered yes. Kluge clarified that when it is incorporated
that there will be a public hearing. Gray added that at that time they could speak
or an elected person could represent the Board at that hearing.
Gray advised they should go on with number 4, free standing signs.
Godek stated she has one question and that is if Kebschull recommends that they
should bring this to the public, and if that is something that we are pretty sure that
P&Z will ask if it has been done, Godek says she understand that they can do what
they are doing. But, why don't they go ahead and plan that so that they don't
have to be told by P&Z to do that and go another month to do that. Moore stated
they cannot have a work session without council's permission. Moore asked if it
would need to go to P&Z and then council or could this body ask for a work
session? Kebschull stated this body could make a motion and ask council.
Kebschull noted that the only reason she had made the recommendation was
because it appeared to her that the Board was going around in circles like has
happened for the last four meetings. Clark inputted that the Board is not following
the rules of order. Kebschull stated if the item needs to be dealt with in a work
session format, then the group should adjourn to a work session and use a work
session format instead of try to cover a meeting that is not following Robert's Rules
of Order. Kebschull stated that as far as public comment, the Board could wait if
they feel they have already gone past that point and have the changes that they
want to make. Kebschull added that may be poor hindsight on her part and that
Townsite Historic District Board
Minutes
Page 1 5
June 25, 1996
she should have possibly recommended it earlier adding that when you start
thinking about vocal people in Old Town you realize that they should be allowed
input. Kebschull added another comment that will come up if you recommend that
signs in the Historic District are reviewed by you before they are issued that may
cause some problems. Kebschull noted that in general people come into for a sign
permit the day they are ready to put them up and this Board meets once a month.
Kebschull stated for example you meet today and somebody comes in tomorrow for
a sign permit in the Historic District, does that mean they have to wait 30 days
before it is reviewed.
Gray stated that as much as she feels there needs to be rules and regulations she
has always felt that this Board has been very spontaneous in it's determination to
do a good job. Gray stated that is why as the chairperson she has had difficulty
limiting people to their two times or whatever because she feels that people keep
generating new ideas. Gray stated for example Godek brought up the idea about
what is presently in the sign code. Gray stated that the Board needs to be aware
of all the things this is involved in adding that as the chairperson she wants to do it
the right way and follow the proper channels. Gray stated she didn't really know
the procedure but added she would suggest they do this. Go through the seven
items and at the end of that discussion the Board will decide by a motion what will
be done with the list, if it will go to the City Council or send it on as a
recommendation to Planning and Zoning but let's go through the list.
Gray asked if anyone had any objection to number 4, free standing signs adding
there are a number of free standing signs. Gray stated there are two free standing
signs at the Church which would be grandfathered in. Gray stated she personally
doesn't have a problem with free standing signs adding that if there is a sign size
requirement. Gray stated she does have a problem with five, six, and seven but a
free standing sign that fits the criteria is not a problem. Kluge stated he agrees
with that. Gray asked if they should just delete number four, group consensus.
Gray asked about number 6, portable, changeable, electric or non-electric signs
would not be permitted. Kluge stated he would like to delete that sentence. Gray
stated it could be written like the present sign code saying these are permitted,
these are specifically not permitted. Gray noted that the present sign code is
written that way. Clark noted she had just followed the residential sign code down
the line and changed it. Kluge stated that on item four they just need to scratch
free standing signs are not permitted. Clark stated if it doesn't say it is not
permitted, it is permitted. Kluge stated he is confused asking if they are going to
have a category saying signs that are not permitted adding that if they do that that
under the signs that are permitted they should leave free standing signs. Clark
stated there isn't a category "are permitted," everything is permitted that is not
identified as not permitted. Kluge asked if they could have balloons? Kluge stated
Townsite Historic District Board
Minutes
Page 16
June 25, 1996
he was just trying to make a point and that he felt they should mention that free
standing signs are permitted. Clark stated then you would have to go through free
standing, wall, political, real estate. Kluge stated they can't limit political but they
could say wall. Gray stated that as you had pointed out, size is the major issue.
Clark reiterated that the code doesn't have to identify that free standing signs are
permitted because all of the signs listed in the front of the ordinance are permitted
unless specifically not permitted adding that any sign not listed is prohibited. Clark
added that they list all of them, free standing, political, etc. Clark stated if you
want to take them out of that list, they must be identified. Kluge stated that in
other words the front list these are all listed and we are saying they are not
permitted. Clark stated they will be taking out signs that they don't want in the
original list adding she doesn't believe balloons are allowed. Gray stated that group
signs would not be permitted nor would lighted signs be permitted.
Kluge stated a lighted sign to him is confusing because you could have a sign that
has a flood lamp on it or you could have back lit sign with flashing lights. Kluge
asked what differentiates between a neon sign and a just a painted sign that you
would like people to see when it is dark outside? Kluge stated he would like to see
excluded are neon signs, the flashing lights, the back lit signs, but if you have a
painted sign and it is dark in the winter, it would be nice to allow them to have a
light on it. Huhndorf asked if he was talking about lighted signs and something
was illuminated that is lighted by a beacon that shines on them to give them
emphasis. Clark noting she didn't have a copy of the code with her asked if it
defined lighted signs? Kebschull stated that in the beginning of the code it goes
through all of these things and they are either allowed or not allowed under the
general sign code. For example, flashing signs of intermittent illumination are not
permitted except time and temperature, automatic changing message signs, and
traditional holiday decorations. Kebschull noted that a lot of these items are
already there so they would be repeating them. The only things that the Board
would want to change is if you wanted to change the original list.
Godek stated it says that any illumination shall be by indirect means and a light
shining on a sign is an indirect light. Gray asked which number that was and
Godek stated it was on page 14-44 before e. Gray read the item. Godek stated it
goes on and read definition for g. Kebschull advised that Godek was reading from
the residential zone which started on page 14-43. Kebschull stated she didn't feel
the Board had a clear picture of the sign code as it stands in the fact that you are
trying to make a code like the residential code or commercial code and just add to
the existing sign code adding that she thought that was where they were getting
confused.
Gray stated she would like to leave lighted signs are not permitted in there
especially if this will go to a work session or further discussion and flush it out at
Townsite Historic District Board
Minutes
Page 17
June 25, 1996
that time. Gray stated she felt the primary goal was not to have flashing neon
signs there but an indirect illumination that was subtle would certainly be okay.
Kebschull clarified if they meant to take that out and Gray stated yes.
Gray stated that covered the recommendations made by Clark. Gray stated she felt
they should entertain a motion to decide what to do and combine it with a preface
stating the intent of the sign regulations. Kluge asked if Gray had that information.
Gray asked if someone would like to make a motion of what to do with the list of
recommendations.
Kluge stated he would like to make a motion but stated he would like to add one
thing. That being, instead of saying lighted signs just say electric signs and that
way you are not saying you cannot light the sign, we just don't want electric signs.
Kluge stated that they could pull the original verbiage and pick out a few key
sentences to incorporate it into the motion and that way it is all covered by one
motion. Gray stated he could so move.
KLUGE MOVED THAT THE BOARD MAKE A RECOMMENDATION TO PLANNING
AND ZONING TO ADOPT THESE SIGNAGE REQUIREMENTS INTO THE CITY OF
KENAI'S SIGN ORDINANCES FOR THE HISTORIC DISTRICT.
Kluge stated he would like to get a few key sentences to preface these six items.
Gray stated there is a motion on the floor to propose these items identified be
recommended to Planning & Zoning for adoption into the Kenai City sign code.
MOTION SECONDED BY HUHNDORF.
Gray asked for discussion. Kluge asked for a copy of the narrative. Gray read,
"The purpose of the Historic District sign standards are to enhance, protect, and
preserve the distinctive historical character of the historic district. The Townsite
Historic Board .... signs for use in the Historic Townsite District shall be subject to a
design review by the Historic District Board." Kluge asked if they could delete that
and offered to write some of this down noting the first sentence would be a good
opening. Kluge stated they need to skip the part about the review since they
couldn't do that. Kluge asked if the part about scale, character, etc. was part of
that. Gray stated it is further down noting that they were going to ask for a
recommended review not required. Kluge stated no review should be mentioned.
Gray stated it said, "signs shall express the special character of the building or
business." Kluge asked if it should say it is our intent and desire, not saying that
they have to do anything just saying it is our intent. Discussion between Kluge and
Gray about what the statement should say.
Townsite Historic District Board
Minutes
Page 18
June 25, 1996
Gray asked if anyone wanted to speak to the motion on the floor noting the motion
was to take these items to Planning and Zoning as opposed to having a work
session themselves. Gray stated that if that was Kebschull's recommendation that
perhaps they were jumping the gun and maybe they should have a work sessiOn
with the items they have identified tonight. Gray stated that would give them
some time to rewrite the narrative adding that Kluge may want to volunteer to
rewrite the narrative. Kluge noted his motion was to adopt these items with a
narrative adding he would like to take action tonight. Gray stated that the action
needs to address where it will go, to P&Z or a work session. Kluge stated the
motion was to P&Z. Kluge noted the intent of his motion was that they have a
narrative adding that he could give that in three sentences and then it could be
incorporated into the motion.
Kluge read, "The purpose of the Historic District sign standards are to enhance,
protect, and preserve the distinctive historical character of Kenai's Historic District.
Signs should express the special character of one's building or business, have a
style and form which relates to the place of business and be of a size that is in
scale with one's building and street scape as a whole." Kluge stated they said they
"should" do that and it would be up to the owner to define that for himself. Kluge
continued, adding that he didn't think they needed to say anything about historic
correctness. Kluge commented that he felt those two sentences went a long way
to informing the public as to what they are trying to accomplish.
KLUGE NOTED HIS MOTION WOULD BE THE SiX ITEMS THEY HAD GONE
THROUGH WITH TWO SENTENCES AS PREFACE TO THE ITEMS TO EXPRESS
THE BOARD'S INTENT.
Gray stated that as the chairperson she wanted to make sure they did the right
think noting Kebschull's recommendation that rather than sending this to P&Z that
a work session be scheduled. Gray commented she felt that Moore agreed with
Kebschull that if it is sent forward at this stage it will be sent back. Moore stated
he is saying that he wouldn't be surprised noting they are their own commission
but they can do what they want.
Gray clarified the motion was to send it to P&Z. Gray stated if that motion fails, a
motion could be made to send it to a work session. Gray advised the Board that
when they vote on the motion, that those are the two things that they should be
thinking about. Clark stated they could amend the motion and take out the part
sending it to P&Z and send it to a work session. Moore stated that if the Board
does that, they would be asking council to allow them to hold a work session.
Moore added that he didn't think there would be an objection to that. Moore stated
his feeling was that he would send it to Planning and Zoning.
Townsite Historic District Board
Minutes
Page 19
June 25, 1996
VOTE:
ETHEL CLAUSEN YES
REBECCA GODEK YES
DOROTHY GRAY YES
UNANIMOUS.
MICHAEL HUHNDORF
BILL KLUGE
YES
YES
b. Shkituk' Village
Clark advised there was information in the packet regarding the request to council
for funding for the survey. Clark advised that council advised the Board to seek
other funding such as CLG funds. Gray asked if that meant that they turned down
the matching funds portion of it. Clark stated they had said to look at other
funding sources first.
Kluge stated that Mayor Williams seemed to agree with the concept to proceed
with the survey. Kluge stated they felt the Board should explore funds other than
city moneys.
Huhndorf stated that puts more responsibility on his part to seek funds from the
people at KIT. Huhndorf stated he had spoken with people at KIT and they liked
the idea and the idea of bringing in Salamantof and KNA. Huhndorf added he
doesn't know how KNA or Salamantof would feel about it but believes he could
attend their meetings. Huhndorf stated he believed there are members in those
communities who see real value in this. Huhndorf stated he will have that
information for the next meeting.
Gray asked if anyone could think of other sources of funding. Gray stated she
suspects La Shot's letter will get a response relaying the information about cuts in
funding. Moore commented that he was very impressed with the church getting
$250,000 for restoration. Gray corrected Moore stating it was $200,000. Gray
commented that it helped that Senator Stevens is the Chair of the House Resources
Sub-committee on National Parks, Forests, and Lands.
Gray advised that she would put it on the agenda for the next meeting and
Huhndorf could report on possible funding sources.
8. REPORTS:
9. INFORMATION:
a. Bittner Letter dated May 28, 1996
Townsite Historic District Board
Minutes
Page 20
June 25, 1996
b. National Trust for Historic Preservation Information
Gray advised the group that the west coast director of the National Trust will be in
Kenai Friday and she will be meeting with him for two hours. Gray stated she will
be asking him about possible sources of funds.
c. Preservation Advocate News--Vol. 5
d. The Alliance Review
10. BOARD QUESTIONS AND COMMENTS:
Councilman Moore thanked Chairperson Gray for her efforts in trying to follow
parliamentary procedure tonight. Moore commented about the two times or ten
minute limit to speaking stating he had not been aware of that rule until they had
received the packet.
Kluge commented that he thinks it gets back to committee work or work sessions
prior to the regular meetings wherein there are items on the agenda for action.
Kluge added that is Why it has been happening because the group has been doing
all of the work in the regular meeting. Kluge stated that normally a committee will
take something like this and make a recommendation and then the Board would
take action on it. Kluge continued saying the Board would have a work session,
develop something, and then put in on the agenda for the meeting. Kluge stated
he thought the meetings could be cut down if they did that.
Gray advised they are learning. Gray stated they would have their next meeting
July 23, 1996, at 7 p.m.
1 1. ADJOURNMENT:
Meeting adjourned at 8'40 p.m.
Res , d'
.
Administrative Assistant
Townsite Historic District Board
Minutes
Page 21
June 25, 1996